Bill Text: CA AB2018 | 2009-2010 | Regular Session | Enrolled
Bill Title: Food stamps: intercounty transfer of benefits.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2010-09-29 - Vetoed by Governor. [AB2018 Detail]
Download: California-2009-AB2018-Enrolled.html
BILL NUMBER: AB 2018 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2010
PASSED THE ASSEMBLY AUGUST 27, 2010
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE AUGUST 2, 2010
AMENDED IN ASSEMBLY MAY 5, 2010
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Skinner
(Coauthor: Assembly Member Adams)
FEBRUARY 17, 2010
An act to add Section 11053.2 to the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2018, Skinner. Food stamps: intercounty transfer of benefits.
Existing law provides for the federal Supplemental Nutritional
Assistance Program (SNAP), formerly the Food Stamp Program, under
which food stamps are allocated to the state by the federal
government and are distributed to eligible households by each county.
Existing law provides for the intercounty transfer (ICT) of
benefits for recipients of CalWORKs, In-Home Supportive Services
(IHSS), or Medi-Cal benefits that move from one county to another
within the state, as prescribed.
This bill would require the State Department of Social Services
to establish a process of intercounty transfer of eligibility for
benefits under SNAP when a recipient moves from one county to another
within the state. This bill would specify, commencing no later than
April 1, 2011, that for recipients of SNAP benefits who are also
recipients of CalWORKs benefits, the ICT process utilized for
CalWORKs shall be used. This bill would further specify, commencing
no later than April 1, 2011, that for recipients of SNAP benefits who
are also recipients of Medi-Cal benefits, but not recipients of
CalWORKs, the ICT process utilized for Medi-Cal shall be used.
This bill would require, commencing no later than July 1, 2011,
that for recipients of SNAP benefits who are neither recipients of
CalWORKs nor Medi-Cal benefits, an intercounty transfer process be
developed, as specified. This bill would specify that upon
implementation of the intercounty transfer procedures set forth in
the bill, it is the responsibility of the recipient changing
residence from one county to another within the state to notify the
county currently paying food stamp benefits of the move. This bill
would require the recipient's prior county of residence to notify the
new county of residence of the recipient's move as soon as the
recipient's location in the new county is known. It would require the
new county of residence to be responsible for determining the
recipient's continued eligibility for benefits under SNAP, but that,
to the extent permitted by federal law, the new county of residence
would not be required to interview persons in the food stamp
household to determine continued eligibility, until the next
scheduled recertification or other regularly scheduled interview.
This bill would require the department to adopt regulations to
implement the bill no later than July 1, 2012, as specified.
To the extent that this would increase the duties of county
officials who administer public aid programs, including the Medi-Cal
program, CalWORKs, and the federal SNAP program, this bill would
impose a state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11053.2 is added to the Welfare and
Institutions Code, to read:
11053.2. (a) Notwithstanding any other law, the department shall
establish a process of intercounty transfer of eligibility for food
stamp benefits provided under Chapter 10 (commencing with Section
18900) of Part 6 when a recipient changes residence from one county
to another within the state. The intercounty transfer process shall
facilitate a recipient's move from one county to another without a
break in benefits and without requiring a new application to be
submitted to the new county of residence.
(b) (1) For food stamp recipients who are receiving CalWORKs
benefits pursuant to Chapter 2 (commencing with Section 11200), the
intercounty transfer process utilized for CalWORKs shall be used.
(2) For food stamp recipients who are receiving Medi-Cal benefits
pursuant to Chapter 7 (commencing with Section 14000), but are not
receiving CalWORKs benefits pursuant to Chapter 2 (commencing with
Section 11200), the intercounty transfer process utilized for the
Medi-Cal program shall be used.
(3) This subdivision shall be implemented no later than April 1,
2011.
(c) For food stamp recipients who are not receiving CalWORKs or
Medi-Cal benefits as described in paragraphs (1) and (2) of
subdivision (b), an intercounty transfer process shall be developed,
in consultation with representatives of county human services
departments and advocates for recipients. To the greatest extent
possible, the process shall be simple, client friendly, ensure the
client does not need to provide copies of documents that were
previously provided to the prior county of residence, build on
existing processes for the programs described in paragraphs (1) and
(2) of subdivision (b), and minimize workload for county eligibility
operations. The process developed pursuant to this subdivision shall
be implemented no later than July 1, 2011.
(d) Upon the implementation of the intercounty transfer procedures
set forth in this section, it shall be the responsibility of a
recipient changing residence from one county to another within the
state to notify his or her prior county of residence of his or her
move. The prior county of residence shall notify the new county of
the recipient's move as soon as the recipient's location in the new
county is known. The new county of residence shall be responsible for
determining the recipient's continued eligibility for payment of
food stamp benefits. To the extent permitted by federal law, the new
county of residence shall not be required to interview persons in the
food stamp household to determine continued eligibility until the
next scheduled recertification or other regularly scheduled
interview.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through all-county letters, or similar instructions from the director
no later than April 1, 2011, with respect to subdivision (b), and no
later than July 1, 2011, with respect to subdivision (c).
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2012. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
SEC. 2. 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.
