AB 1770, as amended, 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 provide that a noncitizen is eligible for aid under the Food Assistance Program if he or she is lawfully present in the United States. To the extent this bill would expand eligibility for the Food Assistance Program, which is administered by the counties, this bill would 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 18930 of the Welfare and Institutions
2Code is amended to read:
(a) The State Department of Social Services shall
4establish a Food Assistance Program to provide assistance for
5those persons described in subdivision (b). The department shall
6enter into an agreement with the United States Department of
7Agriculture to use the existing federal Supplemental Nutrition
8Assistance Program coupons for the purposes of administering
9this program. Persons who are members of a household receiving
10CalFresh benefits under this chapter or under Chapter 10
11(commencing with Section 18900), and are receiving CalWORKs
12benefits under Chapter 2 (commencing with Section 11200) of
13Part 3 on September 1, 1998, shall have eligibility determined
14under this chapter without need for a new application no later than
15November 1, 1998, and
the beginning date of assistance under this
16chapter for those persons shall be September 1, 1998.
17(b) (1) Except as provided in paragraphs (2), (3), and (4) and
18Section 18930.5,begin delete noncitizensend deletebegin insert a noncitizenend insert of the United States
19begin delete shall beend deletebegin insert isend insert eligible for the program established pursuant to
20subdivision (a) if the person’s immigration status meets the
21eligibility criteria of the federal Supplemental Nutrition Assistance
22Program in effect on August 21, 1996, but he or she is not eligible
23for federal Supplemental
Nutrition Assistance Program benefits
24solely due to his or her immigration status under Public Law
25104-193 and any subsequent amendments thereto.
26(2) begin deleteNoncitizens end deletebegin insertA noncitizen end insertof the United Statesbegin delete shall beend deletebegin insert isend insert
27 eligible for the program established pursuant to subdivision (a) if
28the person is a battered immigrant spouse or child or the parent or
29child of the battered immigrant, as described in Section 1641(c)
30of Title 8 of the United States Code, as amended by Section 5571
31of Public Law 105-33, if the person
is a Cuban or Haitian entrant
32as described in Section 501(e) of the federal Refugee Education
P3 1Assistance Act of 1980 (Public Law 96-422), or if the person is
2otherwise lawfully present in the United States.
3(3) An applicant who is otherwise eligible for the program but
4who entered the United States on or after August 22, 1996, shall
5be eligible for aid under this chapter only if he or she is sponsored
6and one of the following apply:
7(A) The sponsor has died.
8(B) The sponsor is disabled as defined in subparagraph (A) of
9paragraph (3) of subdivision (b) of Section 11320.3.
10(C) The applicant, after entry into the United States, is a victim
11of abuse by the sponsor
or the spouse of the sponsor if the spouse
12is living with the sponsor.
13(4) An applicant who is otherwise eligible for the program but
14who entered the United States on or after August 22, 1996, who
15does not meet one of the conditions of paragraph (3),begin delete shall beend deletebegin insert isend insert
16 eligible for aid under this chapter beginning on October 1, 1999.
17(5) The applicant shall be required to provide verification that
18one of the conditions of subparagraph (A), (B), or (C) of paragraph
19(3) has been met.
20(6) For purposes of subparagraph (C) of paragraph (3), abuse
21shall be
defined in the same manner as provided in Section 11495.1
22and Section 11495.12. A sworn statement of abuse by a victim, or
23the representative of the victim if the victim is not able to
24competently swear, shall be sufficient to establish abuse if one or
25more additional items of evidence of abuse is also provided.
26Additional evidence may include, but is not limited to, the
27following:
28(A) Police, government agency, or court records or files.
29(B) Documentation from a domestic violence program, legal,
30clinical, medical, or other professional from whom the applicant
31or recipient has sought assistance in dealing with abuse.
32(C) A statement from any other individual with knowledge of
33the circumstances that provided the basis for
the claim.
34(D) Physical evidence of abuse.
35(7) If the victim cannot provide additional evidence of abuse,
36then the sworn statement shall be sufficient if the county makes a
37determination documented in writing in the case file that the
38applicant is credible.
P4 1(c) In counties approved for alternate benefit issuance systems,
2 that same alternate benefit issuance system shall be approved for
3the program established by this chapter.
4(d) (1) To the extent allowed by federal law, the income,
5resources, and deductible expenses of those persons described in
6subdivision (b) shall be excluded when calculating CalFresh
7benefits under Chapter 10
(commencing with Section 18900).
8(2) A household shall not receive more CalFresh benefits under
9this section than it would if no household member was rendered
10ineligible pursuant to Title IV of Public Law 104-193 and any
11subsequent amendments thereto.
If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.
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