BILL NUMBER: AB 1796	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 17, 2004
	AMENDED IN ASSEMBLY  APRIL 19, 2004

INTRODUCED BY   Assembly Member Leno
   (Coauthors:  Assembly Members Berg, Goldberg, Hancock, Koretz,
Laird,  and Lieber)   Lieber, and Steinberg)

   (Coauthors:  Senators Romero and Vasconcellos)

                        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 amended, 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  , with
certain exceptions,  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   (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)).  A convicted drug felon shall be
eligible to receive food stamps under this section.  
   (b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for sale,
purchasing for purposes of sale, or manufacturing a controlled
substance, or possessing precursors with the intent to manufacture a
controlled substance. 
  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.