Today's Law As Amended


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AB-1957 Social services: communications: computer-generated text messages.(2017-2018)



As Amends the Law Today
As Amends the Law on Nov 08, 2018


SECTION 1.
 It is the intent of the Legislature in enacting this act to support technology that has the capacity to improve the delivery of social safety net programs, maximize access to social safety net programs for individuals with limited Internet access, and ensure the rights of people with disabilities.

SEC. 2.

 Section 11023.7 is added to the Welfare and Institutions Code, to read:

11023.7.
 (a) If it is within the capacity of the county, a county may communicate with an applicant for, or recipient of, benefits under CalWORKs (Chapter 2 (commencing with Section 11200)), CalFresh (Chapter 10 (commencing with Section 18900) of Part 6), or the Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (Chapter 10.3 (commencing with Section 18937) of Part 6) via computer-generated text message. All communications and notices of actions sent via computer-generated text message shall comply with Section 227 of Title 47 of the United States Code.
(b) Communications sent via computer-generated text message shall not include case-identifying information, as that term is defined by the State Department of Social Services. Notices of action may only be sent via computer-generated text message pursuant to this section using a link to a secure online portal where the applicant or recipient can access the notice of action after securely logging in. All other communications sent via computer-generated text messages to an applicant or recipient are not required to be sent using a link to a secure online portal unless otherwise required by federal law or guidance.
(c) Only the first or last name, but not both, of an applicant or recipient may appear in a text message generated pursuant to this section.
(d) (1) All electronic technology used pursuant to this section shall be in compliance with state information technology policy, and related state and federal law, including, but not limited to, Sections 7405 and 11135 of the Government Code, Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the regulations implementing that act, as set forth in Part 1194 (commencing with Section 1194.1) of Chapter XI of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and the obligation under these laws to communicate with people with disabilities in a manner that is as effective as communications with people without disabilities.
(2) This subdivision is declarative of existing law.
SEC. 3.
 Notwithstanding the rulemaking provisions of 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 State Department of Social Services shall implement this act through an all-county letter or similar instruction issued no later than July 1, 2019. This instruction shall be drafted in consultation with client advocates, representatives of county human services agencies, and representatives of county eligibility workers.