BILL NUMBER: SB 297	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 26, 2015

INTRODUCED BY   Senator McGuire

                        FEBRUARY 23, 2015

   An act to amend  Sections   Section 
18901.10  and 18914  of, and to add Section 10508
to, the Welfare and Institutions Code, relating to public social
services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 297, as amended, McGuire. Public benefits: eligibility
determinations.
   (1) Existing law provides for financial and food assistance
benefits to needy Californians including, among other programs, the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program and CalFresh, under which each county provides for financial
and food assistance benefits to qualified individuals who meet
specified eligibility criteria.
   This bill would require the State Department of Social Services to
develop and make available to  county human services
agencies, for use at their option,   the Statewide
Automated Welfare System  an electronic verification 
system   process  that allows  the
 county human services agency eligibility workers to  ,
at their option,  access data available electronically from
 other state   public and private  agencies
and programs for use in connection with the determination of
eligibility for  specified  means-tested public benefit
programs.
   (2) Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as CalFresh,
formerly the Food Stamp Program, under which supplemental nutrition
assistance benefits allocated to the state by the federal government
are distributed to eligible individuals by each county. Under
existing law, county human services agencies administer CalFresh.
 Existing law requires the county human services agency to
provide CalFresh benefits on an expedited basis to households
determined to be in immediate need of food assistance, and requires
the department to develop and implement for expedited issuance a
uniform procedure for verifying information required of an
application.  
   This bill would require this verification procedure to include
guidance on verifying the identify of an applicant using information
available through the Medi-Cal Eligibility Determination System
(MEDS) or the verification system developed pursuant to this bill.
The bill would require the State Department of Social Services to
develop and implement a uniform procedure for processing applications
to provide benefits on an expedited basis, as specified.
   Existing law requires each county human services agency, to the
extent permitted by federal law, to exempt a household from complying
with face-to-face interview requirements at initial application and
recertification, and authorizes a person eligible for an exemption
from the face-to-face interview requirement to request a face-to-face
interview to establish initial eligibility or comply with
recertification requirements.
   This bill would  instead require a county human services
agency to conduct a telephone interview for purposes of determining
eligibility at initial   application and recertification,
except as pro   vided, and would  require a county
human services agency to facilitate submission of required documents
using electronic and telephone technologies  for the purpose
of determining eligibility, and   to the greatest extent
possible. The bill  would also expand the circumstances under
which a face-to-face interview is  required.  
required, and would authorize an electronic interview to be conducted
if the county human services agency and the applicant or recipient
both have the capacity to participate in an electronic interview.
 The bill would require the department to issue guidance for
recording and storing electronic and telephonic signatures. By
increasing the duties of county human services agencies administering
CalFresh, this bill would impose a state-mandated local program.
   The bill would require the State Department of Social Services to
coordinate with county human services agencies to  develop a
syste   m   make available a standard
technological solution  that has the capacity to store
telephonic and electronic signatures, as specified.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10508 is added to the Welfare and Institutions
Code, to read:
   10508.  (a) In order to ensure timely and accurate decisions on
applications for means-tested public benefit  programs,
  programs under this division,  the department
shall develop and make available to  county human services
agencies, for use at their option,   the Statewide
Automated Welfare System established pursuant to Section 10823, 
an electronic verification  system   process
 that allows  county human services agency  eligibility
workers to  , at their option,  access data available
electronically from  other state   appropriate
public and private  agencies and programs for use in connection
with the determination of eligibility for means-tested public benefit
 programs.   programs under this division.
 In developing this electronic verification  system,
  process,  the department shall consult with
county human services agencies, eligibility workers, 
representatives of the Statewide Automated Welfare System,  and
client advocates.  It is the intent of the Legislature that the
electronic verification process be utilized to the greatest extent
possible prior to requesting verification of data elements from an
applicant or recipient. 
   (b) The electronic verification  system  
process  identified in subdivision (a) shall be completed no
later than the expiration of the federal waiver for Office of
Management and Budget Circular A-87, which requires states to evenly
allocate the development costs for systems that are federally funded.

   (c) (1) If the electronic verification  system 
 process  developed pursuant to subdivision (a) includes
information obtained from an agency that is subject to the
requirements of either the federal Fair Credit Reporting Act (15
U.S.C. Sec. 1681 et seq.) or the Consumer Credit Reporting Agencies
Act (Title 1.6 (commencing with Section 1785.1) of Part 4 of Division
3 of the Civil Code), the department shall report to the Legislature
regarding the ways in which the electronic verification 
system   process  guarantees the rights established
under these laws to protect individuals from negative actions
resulting from incorrect information.
   (2) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
  SEC. 2.  Section 18901.10 of the Welfare and Institutions Code is
amended to read:
   18901.10.  (a) To the extent permitted by federal law, and
 subject to the limitation   except as provided
 in  paragraph (1),   paragraphs (1) and
(2),  each county human services agency shall  exempt a
household from complying with face-to-face interview requirements
  conduct a telephone interview  for purposes of
determining eligibility at initial application and 
recertification,   recertification  and shall
facilitate submission of required documents using electronic and
telephone  technologies.   technologies to the
greatest extent possible. 
   (1) A face-to-face interview shall be  required 
 conducted  if any of the following occur:
   (A) A face-to-face interview is requested by the applicant,
recipient, or authorized representative.
   (B) On a case-by-case basis,  it   a
face-to-face interview  is deemed necessary by the county to
clarify a condition of eligibility.
   (C) A face-to-face interview is required in order to make timely
and reasonable accommodations to serve a household with a person who
has a disability, is advanced in age, or is homeless. For purposes of
this subparagraph,  a   the  face-to-face
interview shall be conducted in a mutually acceptable location.

   (2) When a face-to-face interview is not required pursuant to this
subdivision, a telephone interview shall be conducted. 

   (2) An electronic interview may be conducted in place of a
telephone or face-to-face interview if the county human services
agency and the applicant or recipient both have the capacity to
participate in an electronic interview. 
   (3) A  face-to-face interview and telephone  
face-to-face, telephone, or electronic  interview shall be
conducted by  a  county human services agency 
staff.   eligibility worker. 
   (b) (1) In order to facilitate submission of required information
by applicants and recipients, the department shall issue guidance for
recording and the storing of electronic and telephonic signatures.
   (2) The department shall coordinate with county human services
agencies to  create a system   make available a
standard technological solution  that has the capacity to store
telephonic and electronic signatures. The department shall, in
 developing this system,   identifying this
solution,  work with county human services agencies  ,
client advocates, the Statewide Automated Welfare System   ,
 and  with  the Office of Systems Integration
to ensure  this system is designed to be directly accessed
through the statewide automated welfare system developed pursuant to
Section 10823 and that   maximum compatibility with the
Statewide Automated Welfare System   and to provide that
 the telephonic and electronic signatures  would
  will  be stored within the  statewide
automated welfare system, if appropriate.    
Statewide Automated Welfare System   , as appropriate. 

   (3) A county shall not be required to use  this system
  the solution identified pursuant to paragraph (2)
 if the county is complying with the guidance established by the
department pursuant to paragraph (1).  It is the intent of the
Legislature that this section ensure that applicants and recipients
in all counties have the ability to utilize telephonic and electronic
sig   natures. 
   (c) The state shall not, nor shall any county,  enact a
waiver of federal law that allows   allow  an
eligibility interview to be conducted by anyone other than a county
human services agency  staff.   eligibility
worker.  
  SEC. 3.    Section 18914 of the Welfare and
Institutions Code is amended to read:
   18914.  (a) In accordance with, and to the extent provided by,
federal law, the county human services agency shall provide CalFresh
benefits on an expedited basis as provided in subdivision (b) to
households determined to be in immediate need of food assistance.
   (b) Pursuant to the federal requirements of Section 273.2(i)(2) of
Title 7 of the Code of Federal Regulations, the county human
services agency shall screen all CalFresh applications for
entitlement to expedited service. Applicants who meet the federal
criteria for expedited service as defined in Section 273.2(i)(1) of
Title 7 of the Code of Federal Regulations shall receive either a
manual authorization to participate or automated card or the
immediate issuance of CalFresh benefits no later than the third day
following the date the application was filed. To the maximum extent
permitted by federal law, the amount of income to be received from
any source shall be deemed to be uncertain and exempt from
consideration in the determination of entitlement for expedited
service. For purposes of this subdivision, a weekend shall be
considered one calendar day.
   (c) The State Department of Social Services shall develop and
implement for expedited issuance a uniform procedure for verifying
information required of an applicant. This verification procedure
shall include guidance on verifying the identity of an applicant
using information available through the Medi-Cal Eligibility
Determination System (MEDS) or the verification system developed
pursuant to Section 10508.
   (d) The department shall develop and implement a uniform procedure
for processing applications to provide benefits on an expedited
basis that are submitted electronically or by telephone and
conducting interviews by telephone that are consistent with the
process established pursuant to Section 18901.10. 
   SEC. 4.   SEC. 3.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.