Bill Text: CA SB947 | 2013-2014 | Regular Session | Introduced
Bill Title: Electronic benefits transfer system.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-02-20 - Referred to Com. on RLS. [SB947 Detail]
Download: California-2013-SB947-Introduced.html
BILL NUMBER: SB 947 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Berryhill
FEBRUARY 6, 2014
An act to amend Section 10072 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 947, as introduced, Berryhill. Electronic benefits transfer
system.
Existing law, administered by the State Department of Social
Services, provides for the establishment of a statewide electronic
benefits transfer (EBT) system for the purpose of providing financial
and food assistance benefits to needy Californians. Existing law
requires that the system have a 24-hour per day toll-free telephone
hotline for the reporting of lost or stolen cards and to provide
recipients with information about how to have the card and personal
identification number replaced.
This bill would make nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10072 of the Welfare and Institutions Code is
amended to read:
10072. The electronic benefits transfer system required by this
chapter shall be designed to do, but not be limited to, all of the
following:
(a) To the extent permitted by federal law and the rules of the
program providing the benefits, recipients who are required to
receive their benefits using an electronic benefits transfer system
shall be permitted to gain access to the benefits in any part of the
state where electronic benefits transfers are accepted. All
electronic benefits transfer systems in this state shall be designed
to allow recipients to gain access to their benefits by using every
other electronic benefits transfer system.
(b) To the maximum extent feasible, electronic benefits transfer
systems shall be designed to be compatible with the electronic
benefits transfer systems in other states.
(c) All reasonable measures shall be taken in order to ensure that
recipients have access to electronically issued benefits through
systems such as automated teller machines, point-of-sale devices, or
other devices that accept electronic benefits transfer transactions.
Benefits provided under Chapter 2 (commencing with Section 11200) of
Part 3 shall be staggered over a period of three calendar days,
unless a county requests a waiver from the department and the waiver
is approved, or in cases of hardship pursuant to subdivision ( l
).
(d) The system shall provide for reasonable access to benefits to
recipients who demonstrate an inability to use an electronic benefits
transfer card or other aspect of the system because of disability,
language, lack of access, or other barrier. These alternative methods
shall conform to the requirements of the Americans with Disabilities
Act (42 U.S.C. Sec. 12101, et seq.), including reasonable
accommodations for recipients who, because of physical or mental
disabilities, are unable to operate or otherwise make effective use
of the electronic benefits transfer system.
(e) The system shall permit a recipient the option to choose a
personal identification number, also known as a "PIN" number, to
assist the recipient to remember his or her number in order to allow
access to benefits. Whenever an institution, authorized
representative, or other third party not part of the recipient
household or assistance unit has been issued an electronic benefits
transfer card, either in lieu of, or in addition to, the recipient,
the third party shall have a separate card and personal
identification number. At the option of the recipient, he or she may
designate whether restrictions apply to the third party's access to
the recipient's benefits. At the option of the recipient head of
household or assistance unit, the county shall provide one electronic
benefits transfer card to each adult member to enable them to access
benefits.
(f) The system shall have a 24-hour per day toll-free telephone
hotline for the reporting of lost or stolen cards and that
will to provide recipients with information
on about how to have the card and
personal identification number replaced.
(g) (1) A recipient shall not incur any loss of electronic
benefits after reporting that his or her electronic benefits transfer
card or personal identification number has been lost or stolen. The
system shall provide for the prompt replacement of lost or stolen
electronic benefits transfer cards and personal identification
numbers. Electronic benefits for which the case was determined
eligible and that were not withdrawn by transactions using an
authorized personal identification number for the account shall also
be promptly replaced.
(2) A recipient shall not incur any loss of cash benefits that are
taken by an unauthorized withdrawal, removal, or use of benefits
that does not occur by the use of a physical EBT card issued to the
recipient or authorized third party to directly access the benefits.
Benefits taken as described in this paragraph shall be promptly
replaced in accordance with the protocol established by the
department pursuant to paragraph (3).
(3) The State Department of Social Services shall establish a
protocol for recipients to report electronic theft of cash benefits
that minimizes the burden on recipients, ensures prompt replacement
of benefits in order to minimize the harm to recipients, and ensures
program integrity. This protocol may include the automatic
replacement of benefits without the need for recipient reporting and
verification.
(h) Electronic benefits transfer system consumers shall be
informed on about how to use electronic
benefits transfer cards and how to protect them from misuse.
(i) Procedures shall be developed for error resolution.
(j) No A fee shall not be
charged by the state, a county, or an electronic benefits processor
certified by the state to retailers participating in the electronic
benefits transfer system.
(k) Except for CalFresh transactions, a recipient may be charged a
fee, not to exceed the amount allowed by applicable state and
federal law and customarily charged to other customers, for cash
withdrawal transactions that exceed four per month.
( l ) A county shall exempt an individual from the
three-day staggering requirement under subdivision (c) on a
case-by-case basis for hardship. Hardship includes, but is not
limited to, the incurrence of late charges on an individual's housing
payments.
