BILL ANALYSIS
AB 2417
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CONCURRENCE IN SENATE AMENDMENTS
AB 2417 (Firebaugh)
As Amended June 21, 2000
Majority vote
ASSEMBLY: 56-16 (May 31, 2000)
SENATE: 24-11 (August 29, 2000)
Original Committee Reference: HUM. S.
SUMMARY : Repeals the September 30, 2001, sunset date on legal
immigrant eligibility for the California Food Assistance Program
(CFAP) and Cash Assistance Program for Immigrants (CAPI).
The Senate amendments are technical in nature and:
1)Clarify that immigrants whose sponsors are disabled shall be
subject to federal income deeming rules and exemptions
governing the federal Supplemental Security Income (SSI)
program.
2)Clarify that immigrants who do not meet the federal SSI
exemptions from income deeming and whose sponsor has executed
a federal affidavit of support shall be subject to a five-year
income deeming period.
EXISTING FEDERAL LAW restricts the eligibility of lawfully
present noncitizens who entered the United States (U.S.) on or
after August 22, 1996, for federal food stamps and SSI benefits
to those noncitizens who have 40 qualifying quarters of work or
who become naturalized.
EXISTING LAW establishes CFAP and CAPI to provide state-funded
food stamps and state-funded SSI, respectively, to:
1)Legal immigrants who entered the U.S. on or before August 21,
1996, and who are eligible for federal food stamps or SSI but
for their immigration status.
2)Legal immigrants who are otherwise eligible for federal food
stamps or SSI benefits and who entered the U.S. on or after
August 22, 1996, only if they have a sponsor and the sponsor
is deceased or disabled, or the immigrant is a victim of abuse
by the sponsor.
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3)Until September 30, 2001, legal immigrants who are otherwise
eligible for federal food stamp or SSI benefits and who
entered the U.S. on or after August 22, 1996.
AS PASSED BY THE ASSEMBLY , this bill repealed the September 30,
2000, sunset date on eligibility for CFAP and CAPI benefits for
legal immigrants who entered the United States (U.S.) on or
after August 22, 1996, thereby extending benefits to these
immigrants indefinitely.
FISCAL EFFECT : According to the Senate Appropriations
Committee, $2.2 million General Fund (GF) cost in the 2000-2001
fiscal year, and GF costs of $54.4 million annually thereafter.
COMMENTS : Public Law 104-193, the federal welfare reform law,
enacted August 22, 1996, eliminated eligibility for federal food
stamps and SSI programs for most immigrants. Subsequent federal
legislation restored benefits for food stamps and SSI benefits
to immigrants who entered the U.S. before August 22, 1996.
CFAP and CAPI were established by AB 1576 (Bustamante), Chapter
278, Statutes of 1997, to provide state-only food stamps and SSI
benefits to immigrants who entered the U.S. before August 22,
1996, who would have lost their benefits under federal welfare
reform. AB 2779 (Aroner), Chapter 329, Statutes of 1998, and AB
1111 (Aroner), Chapter 147, Statutes of 1999, expanded CFAP and
CAPI to provide benefits to eligible immigrants that entered the
U.S. after the enactment of federal welfare reform. This year's
omnibus social services budget trailer bill, AB 2876 (Aroner),
Chapter 108, Statutes of 2000, extended the existing sunset date
for CFAP and CAPI eligibility for immigrants who entered the
U.S. on or after August 22, 1996, until September 30, 2001.
According to the author, the extension of CFAP and CAPI
eligibility will provide needed benefits to vulnerable
populations of adults and children in California. A 1998 study
conducted by California Food Policy Advocates showed that legal
immigrant households losing food stamp benefits are far more
likely to face hunger and food insecurity than similar
households maintaining food stamps benefits. Sponsors maintain
that legal immigrants work and pay taxes like any other U.S.
resident and that they should be entitled to the same social
safety net protections that are afforded to citizens. In 1997,
the National Academy of Sciences, comparing tax payments and the
costs of public benefits, found that the average immigrant
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household in California makes a net contribution of $1,178 in
taxes.
Analysis Prepared by : Andy Shaw / HUM. S. / (916) 319-2247
FN: 0006998