BILL NUMBER: AB 828 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 8, 2012
INTRODUCED BY Assembly Member Swanson
FEBRUARY 17, 2011
An act to amend repeal and add
Section 18901.3 of the Welfare and Institutions Code, relating to
food stamps CalFresh .
LEGISLATIVE COUNSEL'S DIGEST
AB 828, as amended, Swanson. Food stamps:
CalFresh: eligibility: drug felonies.
Existing law provides for the Food Stamp Program,
CalFresh program, under which food
stamps supplemental nutrition assistance benefits
allocated to the state by the federal government are
distributed to eligible individuals by each county. Existing law
provides that a person convicted of a drug-related felony, with
certain exemptions, is eligible for aid under the Food Stamp
Program CalFresh , if specified requirements
are met.
This bill would, instead, provide that a person convicted of a
drug felony shall be eligible for aid under the Food Stamp
Program, CalFresh, provided that 6 months have passed
since the person has been convicted of any crime, and would
eliminate the above-referenced eligibility requirements.
By changing the eligibility standards under the Food
Stamp Program, CalFresh, this bill would
increase the responsibilities of counties in the administration of
the program, thereby imposing 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18901.3 of the
Welfare and Institutions Code is repealed.
18901.3. (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A
convicted drug felon shall be eligible to receive CalFresh benefits
under this section.
(b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for sale,
purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled substance, or cultivating, harvesting, or processing
marijuana or any part thereof pursuant to Section 11358 of the Health
and Safety Code.
(c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).
(d) As a condition of eligibility to receive CalFresh benefits
pursuant to subdivision (a), an applicant convicted of a felony drug
offense that is not excluded under subdivision (b) or (c) shall be
required to provide proof of one of the following subsequent to the
most recent drug-related conviction:
(1) Completion of a government-recognized drug treatment program.
(2) Participation in a government-recognized drug treatment
program.
(3) Enrollment in a government-recognized drug treatment program.
(4) Placement on a waiting list for a government-recognized drug
treatment program.
(5) Other evidence that the illegal use of controlled substances
has ceased, as established by State Department of Social Services
regulations.
(e) Notwithstanding 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 department may implement this section
through an all-county letter or similar instructions from the
director no later than January 1, 2005.
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2005. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act.
The adoption of emergency regulations shall be deemed to be an
emergency and necessary for immediate preservation of the public
peace, health and safety, or general welfare. The emergency
regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
SEC. 2. Section 18901.3 is added to the
Welfare and Institutions Code , to read:
18901.3. Pursuant to Section 115(d)(1)(A) of Public Law 104-193
(21 U.S.C. Sec. 862a(d)(1)(A)), California opts out of Section 115(a)
(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A convicted
drug felon shall be eligible to apply to receive CalFresh benefits
under this section, provided that the person has not been convicted
of any crime during the six months immediately preceding his or her
application.
SECTION 1. Section 18901.3 of the Welfare and
Institutions Code is amended to read:
18901.3. Pursuant to Section 115(d)(1)(A) of Public Law 104-193
(21 U.S.C. Sec. 862a(d)(1)(A)), California opts out of Section 115(a)
(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). A convicted
drug felon shall be eligible to receive food stamps under this
section.
SEC. 2. 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.