BILL NUMBER: AB 828	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 13, 2012
	AMENDED IN SENATE  MARCH 8, 2012

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 17, 2011

   An act to repeal and add Section 18901.3 of the Welfare and
Institutions Code, relating to CalFresh.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 828, as amended, Swanson. CalFresh: eligibility: drug felonies.

   Existing law provides for the CalFresh program, under which
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  
exceptions  , is eligible for aid under CalFresh, if  any
one of  specified  eligibility  requirements 
are   is  met.
   This bill  would, instead,   instead would
 provide that a person convicted of  a  
any  drug felony shall be eligible for aid under CalFresh,
 provided that 6 months have passed since the person has been
convicted of any crime, and would  eliminate the
above-referenced  eligibility requirements  
exceptions, and   make related changes. The bill would
authorize the State Department of Social Services to implement its
provisions through an all-county letter or similar instruction from
the dir   ector  .
   By changing the eligibility standards under 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repealed.
  SEC. 2.  Section 18901.3 is added to the Welfare and Institutions
Code, to read:
   18901.3.   (a)    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
 . 
   (b) As a condition of eligibility to receive CalFresh pursuant to
subdivision (a), an applicant convicted of a felony drug offense
shall be required to provide proof of one of the following: 

   (1) Completion of a government-recognized drug treatment program,
subsequent to the most recent drug-related conviction.  
   (2) Participation in a government-recognized drug treatment
program, subsequent to the most recent drug-related conviction. 

   (3) Enrollment in a government-recognized drug treatment program,
subsequent to the most recent drug-related conviction.  
   (4) Placement on a waiting list for a government-recognized drug
treatment program, subsequent to the most recent drug-related
conviction.  
   (5) Other evidence that all illegal use, possession, or
distribution of controlled substances has ceased, as established by
regulations of the department.  
   (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),
the department may implement this section through an all-county
letter or similar instruction from the director, no later than
January 1, 2013. 
  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.