BILL NUMBER: SB 283 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2013
INTRODUCED BY Senator Hancock
FEBRUARY 14, 2013
An act to amend Section 18901.3 of , to add Section
18901.35 to, to repeal Section 17012.5 of, and to repeal and add
Section 11251.3 of, the Welfare and Institutions Code,
relating to social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 283, as amended, Hancock. CalWORKs and
CalFresh eligibility.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. Under existing law, an individual
is ineligible for aid if the individual has been convicted in state
or federal court after December 31, 1997, of any offense classified
as a felony and that has as an element the possession, use, or
distribution of a controlled substance.
This bill would authorize CalWORKs benefits to be paid to an
individual who is convicted in state or federal court after December
31, 1997, of any offense classified as a felony that has as an
element the possession, use, or distribution of a controlled
substance. If the person is on supervised release, he or she would be
ineligible for CalWORKs benefits during any period of revocation of
that supervised release.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as CalFresh,
formerly the Food Stamp Program, under which supplemental nutrition
assistance benefits allocated to the state by the federal government
are distributed to eligible individuals by each county. Under
existing law, a person convicted of specified drug offenses,
including transporting, selling, furnishing, administering, giving
away, possessing for sale, purchasing for purpose of sale, or
manufacturing a controlled substance, is ineligible to receive
CalFresh benefits. Existing law authorizes the payment of CalFresh
benefits to other convicted drug felons who have participated in, or
are on the waiting list for, a drug treatment program, or who can
show other evidence that the illegal use of controlled substances has
ceased.
This bill would authorize CalFresh benefits to be paid to an
individual who is convicted in state or federal court after December
31, 1997, of any offense classified as a felony that has as an
element the possession, use, or distribution of a controlled
substance , as defined . If the person is on supervised
release, he or she would be ineligible for CalFresh benefits during
any period of revocation of that supervised release. The
bill would also require the department to request a waiver from the
federal government for the preenrollment of otherwise eligible
applicants to the CalFresh program within one month of the applicant'
s reentry into the community from county jail or state prison, and
would require the counties to implement the preenrollment program
within 6 months of the waiver being granted. By requiring a new level
of service from local government, this bill would impose a
state-mandated local program.
Because counties administer CalFresh, this bill would increase
county duties by potentially expanding the eligible population, 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.
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 11251.3 of the Welfare and
Institutions Code, as added by Section 1 of Chapter 283 of the
Statutes of 1997, is repealed.
SEC. 2. Section 11251.3 of the Welfare and
Institutions Code, as added by Section 1 of Chapter 284 of the
Statutes of 1997, is repealed.
SEC. 3. Section 11251.3 is added to the Welfare
and Institutions Code, to read:
11251.3. (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)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An
individual convicted in state or federal court after December 31,
1997, including any plea of nolo contendere, of any offense
classified as a felony that has as an element the possession, use, or
distribution of a controlled substance shall be eligible to receive
CalWORKs benefits under this section.
(b) As a condition of eligibility for CalWORKs pursuant to
subdivision (a), an applicant described in subdivision (a) who is on
probation, parole, or other form of supervised release shall comply
with the conditions of the supervised release, including
participation in a drug treatment program, if required. If the county
social services agency receives verification that the individual's
supervised release has been revoked, the individual shall become
ineligible for CalWORKs benefits under this section for the duration
of the revocation period.
(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),
valid until January 1, 2015, the department may implement this
section by all-county letters or similar instructions. Thereafter,
the department shall adopt regulations to implement this section by
January 1, 2015.
SEC. 4. Section 17012.5 of the Welfare and
Institutions Code is repealed.
SEC. 5. SECTION 1. Section 18901.3
of the Welfare and Institutions Code is amended to read:
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)). An
individual convicted in state or federal prison
court after December 31, 1997, including any plea of
guilty or nolo contendere, of any offense classified as a felony that
has as an element the possession, use, or distribution of a
controlled substance , as defined in Section 102(6) of the
federal Controlled Substances Act (21 U.S.C. Sec. 802(6))
or Division 10 (commencing with Section 11000) of the Health and
Safety Code, shall be eligible to receive CalFresh benefits
under this section.
(b) As a condition of eligibility to receive CalFresh benefits
pursuant to subdivision (a), an applicant described in subdivision
(a) who is on probation, parole, or any other form of supervised
release shall comply with the terms of the supervised release,
including participation in a drug treatment program, if required. If
the county social services agency receives verification that the
individual's supervised release has been revoked, the individual
shall become ineligible for CalFresh benefits under this section for
the duration of the revocation period.
(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),
valid until January 1, 2015, the department may implement this
section by all-county letters or similar instructions. Thereafter,
the department shall adopt regulations to implement this section by
January 1, 2015.
SEC. 6. Section 18901.35 is added to the
Welfare and Institutions Code, to read:
18901.35. The department shall submit to the United States
Department of Agriculture, Food, and Nutrition Services, on or before
March 31, 2014, a request to waive Section 273.1(b)(7)(vi) of Title
7 of the Code of Federal Regulations to allow for the preenrollment
of otherwise eligible applicants to the CalFresh program up to one
month prior to the applicant's reentry into the community from county
jail or state prison. The counties shall implement a preenrollment
process within six months of the waiver approval.
SEC. 7. SEC. 2. 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.