BILL NUMBER: AB 1796	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        JANUARY 7, 2004

   An act to add Section 18901.3 to the Welfare and Institutions
Code, relating to human services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1796, as introduced, Leno.  Food stamps: eligibility.
   Existing law provides for the Food Stamp Program, under which food
stamps allocated to the state by the federal government are
distributed to eligible individuals by each county.  Existing law
provides that a person convicted of specified felonies related to
controlled substances shall be ineligible for aid under the Food
Stamp Program.
   This bill would provide that a convicted drug felon shall be
eligible for aid under the Food Stamp Program.  By changing
eligibility standards under the Food Stamp Program, 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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 is added to the Welfare and
Institutions Code, to read:
   18901.3.  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)).  A convicted drug felon shall be eligible to receive food
stamps pursuant to this section.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.