SECTIONS 10072-10072.1 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 10072-10072.1

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
provide recipients with information on how to have the card and
personal identification number replaced.
(g) A recipient shall not incur any loss of electronic benefits
after reporting 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.
(h) Electronic benefits transfer system consumers shall be
informed on how to use electronic benefits transfer cards and how to
protect them from misuse.
(i) Procedures shall be developed for error resolution.
(j) No fee shall 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 food stamp 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.
(m) No later than May 1, 2000, the department shall prepare and
submit a report to the Senate Health and Human Services Committee and
the Assembly Committee on Human Services. The report shall contain
estimates of the number of counties that may opt to issue cash
benefits provided under Chapter 2 (commencing with Section 11200) of
Part 3 by electronics benefits transfer and the amount of interest
payments that would accrue to the counties pursuant to the three-day
staggering requirement of subdivision (c).

10072.1. (a) The Legislature finds and declares that flea markets,
farmers' markets, and certified farmers' markets are important
sources of low-cost produce for Californians in need of food
assistance.
(b) (1) An interested collective group or association of produce
sellers that is Food and Nutrition Service (FNS) authorized and
actively participating in produce sales in a market described in
subdivision (a) may initiate and operate an electronic benefit
transfer (EBT) acceptance system on behalf of its members, to the
extent and manner allowed by federal law and regulation. The market
operator shall allow and accommodate the FNS-authorized group or
association in a reasonable manner that aids in the creation,
implementation, and operation of its EBT acceptance system. The
allowance and accommodation by the market operator mandated by this
section is limited solely to the activity of the operation of the EBT
acceptance system by the group or association. No other activities
are authorized without the express permission of the market operator.
(2) This subdivision shall not apply to a market described in
subdivision (a) that currently or subsequently operates an EBT
acceptance system.
(c) Nothing in this section or any other provision of law shall
prohibit an individually FNS-authorized produce seller in a market
described in subdivision (a) from operating his or her own individual
EBT acceptance activity as part of that seller's personal business
customer transaction offering.
(d) Nothing in this section shall be interpreted to require a
market described in subdivision (a) to itself create, operate, or
maintain an EBT acceptance system on behalf of its produce sellers.