BILL NUMBER: AB 537	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 25, 2010
	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 1, 2009

INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 25, 2009

   An act to add Section10072.1 to the Welfare and Institutions Code,
relating to public benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 537, as amended, Arambula. Farmers' markets: electronic benefit
transfers.
   Existing law provides for the establishment of a statewide
electronic benefit transfer (EBT) system for the purpose of providing
financial and food assistance benefits to needy Californians.
   This bill would require  , with certain exceptions  a
 flea market  farmers' market  ,   or
 certified farmers' market  , or other open-air market
selling fresh produce,  that does not have an EBT system in
place by January 1, 2012, to  allow a  
designate or assign an interested  Food Nutrition Service
(FNS)-authorized  3rd-party  organization to operate
an EBT acceptance system in the market, as specified. The bill would
 authorize   require  the State Department
of Social Services to  designate or assign a nonprofit
organization that is or can be FNS-authorized to accept the EBT card
on behalf of the produce sellers   consider and solicit
input from the market prior to making a designation or assignment
authorized under the bill, to avoid potential conflicts, as specified
 .
   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 10072.1 is added to the Welfare and
Institutions Code, to read:
   10072.1.  (a) The Legislature finds and declares that 
farmers' markets, certified farmers' markets, and other open-air
markets selling fresh produce   flea market farmers'
markets and certified farmers' markets  are important sources of
low-cost produce for Californians in need of food assistance.
   (b)  (1)    If by January 1, 2012, a market
described in subdivision (a) does not have a system in place for its
produce sellers to accept electronic benefit transfer (EBT) for
purchases, the  market shall allow a   State
Department of Social Services may designate or assign an interested
 Food and Nutrition Service (FNS)-authorized 
third-party  organization to operate an EBT acceptance
system in the market on behalf of the market's produce sellers. The
market shall  reasonably   allow and 
accommodate the FNS-authorized  third-party 
organization in a  reasonable  manner that aids in the
creation, implementation, and operation of the EBT acceptance system.

   (c) The State Department of Social Services may designate or
assign a nonprofit public benefit, charitable, or social welfare
organization that is or can be FNS-authorized to accept the EBT card
on behalf of the produce sellers.  
   (2) This subdivision shall not apply to a market described in
subdivision (a) that operates an active and current EBT acceptance
system.  
   (c) The State Department of Social Services shall consider and
solicit input from the market prior to making a designation or
assignment authorized under this section, to avoid, among other
potential conflicts, the selection of an entity that is in direct
competition with the market being served. The department may
condition an assignment or designation, and remove an FNS-authorized
organization previously designated or assigned by the department.
 
   (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.