SB 360: Public social services: prosecution for overpayment or overissuance of benefits.

Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law requires a state to establish an income and eligibility verification system for specified programs, including the CalWORKs and CalFresh programs, under which the information of a program applicant or recipient is matched with various databases.

Existing law establishes criminal penalties for violation of certain provisions relating to, among other offenses, willfully and knowingly, with the intent to deceive, by means of a false statement or representation, or by failing to disclose a material fact, or by impersonation or other fraudulent device, obtaining or retaining aid through designated public social services.

This bill would prohibit a person from being subject to criminal prosecution, as specified, for an overpayment or overissuance of benefits, obtained under the CalWORKs program or the CalFresh program, for any month in which the county human services agency was in receipt of any Income and Eligibility Verification System (IEVS) data match information indicating any potential for an overpayment or an overissuance and for which the county human services agency has not provided to the person a timely and adequate notice of action for the collection of the overpayment or the overissuance. The bill would provide that the county human services agency be deemed to be in receipt of the information following 45 days, or the combined total of 45 days and an authorized delay, as specified, from the date of the county human services agencys possession of that information. The bill would also make technical, nonsubstantive changes to the above provisions.