BILL NUMBER: AB 433	CHAPTERED
	BILL TEXT

	CHAPTER  625
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 13, 2008
	PASSED THE ASSEMBLY  AUGUST 21, 2008
	AMENDED IN SENATE  AUGUST 11, 2008
	AMENDED IN ASSEMBLY  JUNE 1, 2007

INTRODUCED BY   Assembly Member Beall
   (Coauthors: Assembly Members Berg, Dymally, Laird, and Lieber)
   (Coauthor: Senator Wiggins)

                        FEBRUARY 16, 2007

   An act to amend Section 18901.5 of, and to add Section 18900.1 to,
the Welfare and Institutions Code, relating to food stamps.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 433, Beall. Food Stamp Program: categorical eligibility.
   Existing law provides for the Food Stamp Program, under which each
county distributes food stamps provided by the federal government to
eligible households, and the CalWORKs program, under which each
county provides cash assistance and other benefits to qualified
low-income families and individuals.
   This bill would require the State Department of Social Services to
propose a new name for the Food Stamp Program in California by July
1, 2009, and to convene with a diverse group of stakeholders to
develop the new name. The bill would require the new name to reflect
one or more designated concepts relating to the operation and
significance of the program.
   Under existing law, the State Department of Social Services is
required to develop a program of categorical eligibility under the
Food Stamp Program for persons receiving certain cash assistance for
indigent persons.
   This bill would revise these requirements, to establish
categorical eligibility for the Food Stamp Program to improve
nutrition and promote the retention and development of assets and
resources for specified categories of needy households who meet all
other Food Stamp Program eligibility requirements, in accordance with
a designated provision of federal law. The bill would require the
department to establish the program by July 1, 2009, and to fully
implement it as to new food stamp applicants by January 1, 2010. The
bill would require the department to implement these provisions
through all-county letters or similar instructions from the director,
pending the adoption of regulations, as specified.
   Because counties administer the Food Stamp Program, this bill
would increase county duties by potentially extending the period of
eligibility for these programs for certain recipients, and would
thereby impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18900.1 is added to the Welfare and
Institutions Code, to read:
   18900.1.  (a) The State Department of Social Services shall
propose a new name for the Food Stamp Program in California, by July
1, 2009. The department shall convene stakeholders to develop the new
name, as provided in subdivision (b). The new name shall reflect one
or more of the following concepts:
   (1) That food stamps are no longer delivered by stamps.
   (2) That food stamps support healthy living.
   (3) That food stamps are important to agriculture in California.
   (4) That food stamps would be better viewed as a health and
nutrition program than as a welfare program.
   (b) The department shall convene a diverse group of stakeholders
to develop the new name, including representatives from agencies
working to improve health and reduce diet-related illnesses.
   (c) The department is encouraged to test the impact the new name
would have on improving the perception of the program among
low-income residents, and on increasing program participation.
  SEC. 2.  Section 18901.5 of the Welfare and Institutions Code is
amended to read:
   18901.5.  (a) The department shall establish a program of
categorical eligibility for food stamps in accordance with Section 5
(a) of the federal Food Stamp Act of 1977 (7 U.S.C. Sec. 2014(a)),
and implementing regulations, to improve nutrition and promote the
retention and development of assets and resources for needy
households who meet all other Food Stamp Program eligibility
requirements. Categorical eligibility for food stamps shall also
apply to any individual who is a member of a household that will be
receiving or is eligible to receive cash assistance under Part 5
(commencing with Section 17000), or eligible to receive food
assistance under Chapter 10.1 (commencing with Section 18930).
   (b) The director shall implement the program established pursuant
to this section only with the appropriate federal authorization and
if implementation would not result in the loss of federal financial
participation.
   (c) 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) and
Section 10554 of the Welfare and Institutions Code, until emergency
regulations are filed with the Secretary of State, the State
Department of Social Services may implement the changes made by
subdivision (a) through all-county letters or similar instructions
from the director. The department shall adopt emergency regulations
as necessary to implement those amendments on or before January 1,
2010. The program established pursuant to this section shall be
established on or before July 1, 2009, and shall be fully implemented
as to new applicants for food stamps on or before January 1, 2010.
   (d) The department shall adopt regulations to implement this
section. The adoption, amendment, repeal, or readoption of a
regulation authorized by this section is deemed to address an
emergency, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the department is hereby exempted for this
purpose from the requirements of subdivision (b) of Section 11346.1
of the Government Code. The emergency regulations shall be exempt
from review by the Office of Administrative Law. The department shall
adopt final regulations implementing the program authorized by this
section on or before July 1, 2010.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.