BILL NUMBER: SB 718 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
FEBRUARY 27, 2009
An act to amend Section 10830 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 718, as introduced, Leno. Public social services: CalWORKs and
the Food Stamp Program.
Existing law requires the State Department of Social Services and
the California Health and Human Services Agency Data Center to
design, implement, and maintain a statewide fingerprint imaging
system for use in connection with the determination of eligibility
for benefits under the CalWORKs program, excluding the Aid to
Families with Dependent Children-Foster Care program, and the Food
Stamp Program. Existing law, with specified exceptions, requires
applicants for, and recipients of, CalWORKs and Food Stamp Program
benefits, as a condition of eligibility, to be fingerprint imaged,
pursuant to the statewide fingerprint imaging system.
This bill would, instead, require the department and the Office of
Systems Integration to design, implement, and maintain the system.
The bill would require the fingerprint imaging system to apply to use
under the Food Stamp Program only to the extent the applicants for,
or recipients of, food stamps also apply for or receive designated
nonhealth benefits associated with county aid and relief to
indigents.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10830 of the Welfare and Institutions Code, as
amended by Section 241 of Chapter 179 of the Statutes of 2008, is
amended to read:
10830. (a) The department and the Health and Welfare
Data Center Office of Systems Integration shall
design, implement, and maintain a statewide fingerprint imaging
system for use in connection with the determination of eligibility
for benefits under (1) the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program under Chapter 2
(commencing with Section 11200) of Part 3 , excluding Aid
to Families with Dependent Children-Foster Care (AFDC-FC), and
(2) the Food Stamp Program under Chapter 10 (commencing with
Section 18900) of Part 6 , to the extent that applicants for, or
recipients of, food stamp benefits also apply for or receive
nonhealth benefits under Part 5 (commencing with Section 17000)
.
(b) (1) Every applicant for, or recipient of, aid under Chapter 2
(commencing with Section 11200) of Part 3, excluding the AFDC-FC
program and every applicant for or recipient of, aid under
Chapter 10 (commencing with Section 18900) of Part 6, who is
also an applicant for, or recipient of, nonhealth benefits under Part
5 (commencing with Section 17000), other than dependent
children or persons who are physically unable to be fingerprint
imaged, shall, as a condition of eligibility for assistance, be
required to be fingerprint imaged.
(2) A person subject to paragraph (1) shall not be eligible for
the CalWORKs program or the Food Stamp Program
until fingerprint images are provided, except as provided in
subdivision (e). Ineligibility may extend to an entire case of a
person who refuses to provide fingerprint images.
(c) The department may adopt emergency regulations to implement
this section specifying the statewide fingerprint imaging
requirements and exemptions to the requirements 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 initial adoption of any emergency regulations implementing
this section, as added during the 1996 portion of the 1995-96
Regular Session, shall be deemed to be an emergency and necessary for
the immediate preservation of the public peace, health and safety,
or general welfare. Emergency regulations adopted pursuant to this
subdivision shall remain in effect for no more than 180 days.
(d) Persons required to be fingerprint imaged pursuant to this
section shall be informed that fingerprint images obtained pursuant
to this section shall be used only for the purpose of verifying
eligibility and preventing multiple enrollments in the CalWORKs
program or the Food Stamp Program . The
department, county welfare agencies, and all others shall not use or
disclose the data collected and maintained for any purpose other than
the prevention or prosecution of fraud. Fingerprint imaging
information obtained pursuant to this section shall be confidential
under Section 10850.
(e) (1) Except as provided in paragraph (2), the fingerprint
imaging required under this chapter shall be scheduled only during
the application appointment or other regularly scheduled
appointments. No other special appointment shall be required. No
otherwise eligible individual shall be ineligible to receive benefits
under this chapter due to a technical problem occurring in the
fingerprint imaging system or as long as the person consents to and
is available for fingerprint imaging at a mutually agreed-upon time,
not later than 60 days from the initial attempt to complete
fingerprint imaging.
(2) During the first nine months following implementation,
recipients may be scheduled for separate appointments to complete the
fingerprint imaging required by this section. Notice shall be mailed
first class by the department to recipients at least 10 days prior
to the appointment, and shall include procedures for the recipient to
reschedule the scheduled appointment within 30 days.
(f) If the fingerprint image of an applicant or recipient of aid
to which this section applies matches another fingerprint image on
file, the county shall notify the applicant or recipient. In the
event that a match is appealed, the fingerprint image match shall be
verified by a trained individual and any matching case files reviewed
prior to the denial of benefits. Upon confirmation that the
applicant or recipient is receiving or attempting to receive multiple
CalWORKs program checks, a county fraud investigator shall be
notified.