California Legislature—2015–16 Regular Session

Assembly Bill No. 1770

Introduced by Assembly Member Alejo

February 3, 2016

An act to amend Section 18930 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1770, as introduced, Alejo. Food assistance program: eligibility.

Existing law requires the State Department of Social Services to establish the Food Assistance Program for certain immigrants residing in this state, including, among others, a battered immigrant spouse or a Cuban or Haitian entrant, as described in specified provisions of federal law.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 18930 of the Welfare and Institutions
Code is amended to read:

18930.  

(a) The State Department of Social Services shall
establish a Food Assistance Program to provide assistance for
those persons described in subdivision (b). The department shall
enter into an agreement with the United States Department of
Agriculture to use the existing federal Supplemental Nutrition
Assistance Program coupons for the purposes of administering
this program. Persons who are members of a household receiving
CalFresh benefits under this chapter or under Chapter 10
(commencing with Section 18900), and are receiving CalWORKs
benefits under Chapter 2 (commencing with Section 11200) of
Part 3 on September 1, 1998, shall have eligibility determined
under this chapter without need for a new application no later than
November 1, 1998, and the beginning date of assistance under this
chapter for those persons shall be September 1, 1998.

(b) (1) Except as provided in paragraphs (2), (3), and (4) and
Section 18930.5, noncitizens of the United States shall be eligible
for the program established pursuant to subdivision (a) if the
person’s immigration status meets the eligibility criteria of the
federal Supplemental Nutrition Assistance Program in effect on
August 21, 1996, but he or she is not eligible for federal
Supplemental Nutrition Assistance Program benefits solely due
to his or her immigration status under Public Law 104-193 and
any subsequent amendments thereto.

(2) Noncitizens of the United States shall be eligible for the
program established pursuant to subdivision (a) if the person is a
battered immigrant spouse or child or the parent or child of the
battered immigrant, as described in Section 1641(c) of Title 8 of
the United States Code, as amended by Section 5571 of Public
Law 105-33, or if the person is a Cuban or Haitian entrant as
described in Section 501(e) of the federal Refugee Education
Assistance Act of 1980 (Public Law begin delete 96-122). end delete begin insert 96-422). end insert

(3) An applicant who is otherwise eligible for the program but
who entered the United States on or after August 22, 1996, shall
be eligible for aid under this chapter only if he or she is sponsored
and one of the following apply:

(A) The sponsor has died.

(B) The sponsor is disabled as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.

(C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.

(4) An applicant who is otherwise eligible for the program but
who entered the United States on or after August 22, 1996, who
does not meet one of the conditions of paragraph (3), shall be
eligible for aid under this chapter beginning on October 1, 1999.

(5) The applicant shall be required to provide verification that
one of the conditions of subparagraph (A), (B), or (C) begin insert of paragraph
(3) end insert has been met.

(6) For purposes of subparagraph (C) of paragraph begin delete (2), end delete begin insert (3), end insert
abuse shall be defined in the same manner as provided in Section
11495.1 and Section 11495.12. A sworn statement of abuse by a
victim, or the representative of the victim if the victim is not able
to competently swear, shall be sufficient to establish abuse if one
or more additional items of evidence of abuse is also provided.
Additional evidence may include, but is not limited to, the
following:

(A) Police, government agency, or court records or files.

(B) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant
or recipient has sought assistance in dealing with abuse.

(C) A statement from any other individual with knowledge of
the circumstances that provided the basis for the claim.

(D) Physical evidence of abuse.

(7) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.

(c) In counties approved for alternate benefit issuance systems,
that same alternate benefit issuance system shall be approved for
the program established by this chapter.

(d) (1) To the extent allowed by federal law, the income,
resources, and deductible expenses of those persons described in
subdivision (b) shall be excluded when calculating CalFresh
benefits under Chapter 10 (commencing with Section 18900).

(2)  begin delete No end delete begin insert A end insert household shall begin insert not end insert receive more CalFresh benefits
under this section than it would if no household member was
rendered ineligible pursuant to Title IV of Public Law 104-193
and any subsequent amendments thereto.

begin delete

(e) This section shall become operative on September 1, 1998.

end delete