BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: AB 1756
A
AUTHOR: Swanson
B
VERSION: April 5, 2010
HEARING DATE: June 22, 2010
1
FISCAL: Appropriations
7
5
CONSULTANT:
6
Hailey
SUBJECT
Food stamps: eligibility: drug felonies
SUMMARY
Provides that conviction for a drug felony does not make an
individual ineligible to receive food stamp benefits, if
otherwise eligible.
ABSTRACT
Current federal law
1) Establishes the food stamp program (now called the
supplemental nutrition assistance program - SNAP) to
provide benefits to qualifying low-income persons to
purchase food.
2) Prohibits applicants for food stamps from qualifying if
they have been convicted of a felony crime involving
controlled substances, but allows states to opt out of the
disqualification in whole or in part.
Continued---
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Current state law
1) Opts out of the federal prohibition against food stamp
eligibility, in part, for persons convicted of a drug
felony who can prove completion, participation in,
enrollment in, or placement on a waiting list for a
government-recognized drug treatment program, or provide
other evidence that illegal use of controlled substances
has ceased.
2) Retains the federal prohibition against eligibility for
food stamps for persons convicted of a felony involving
unlawfully transporting, importing, selling, furnishing,
administering, giving away, possessing for sale,
manufacturing a controlled substance, possessing precursors
with intent to sell, or cultivating, harvesting or
processing marijuana, or convicted of a felony involving
soliciting, inducing, encouraging, or intimidating a minor
to participate in any such crimes.
This bill
Provides that persons convicted of any drug felony are not,
by the nature of that conviction, ineligible for food stamp
benefits.
FISCAL IMPACT
According to the Assembly Appropriations Committee, this
bill would engender minor absorbable workload to county
welfare departments and would generate up to $1 million in
food stamp benefits statewide.
BACKGROUND AND DISCUSSION
The food stamp program is one of California government's
means of reducing hunger and improving nutrition among the
state's poor. It serves nearly two million people.
Federal funds pay the full cost of benefits, which are paid
monthly through an electronic benefit transfer system or
EBT card. The federal, state, and county governments share
the cost of administration. The program is administered by
county welfare departments.
Background
The lifetime ban on food stamps for persons with felony
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drug convictions was included in the 1996 federal welfare
reform bill (Section 115 of the Personal Responsibility and
Work Opportunity Reconciliation Act). It is the only such
crime that carries this additional penalty.
The law also gives states the authority to opt out of the
ban in whole or in part. In 2004, California allowed drug
users to apply for food stamps (AB 1796, Leno, Chapter 932,
Statutes of 2004) on the condition that they offer proof of
completing, participating or enrolling in, or being placed
on the waiting list of a government-recognized drug
treatment program.
This bill would expand eligibility for food stamps to any
drug felon otherwise eligible to receive food stamp
benefits.
Other states' actions
According to a 2005 report by the General Accounting
Office, 35 states have laws modifying the federal ban.
According to the author, that number has now reached 37
states: 16 exempt all convicted drug felons from the food
stamp ban, and 21, including California, have laws that
exempt some convicted drug felons from the food stamp ban
under certain conditions.
Related legislation
AB 1198 (Swanson), of 2009, would have expanded eligibility
for food stamp benefits to convicted drug felons who
distributed illegal controlled substances, if they provided
proof of participation in a drug treatment program or other
evidence that illegal use of controlled substances had
ceased. Held in the Senate Appropriations Committee after
passing out of the Human Services Committee on a 3-2 vote.
AB 1996 (Swanson), of 2008, would have expanded eligibility
for food stamp program benefits to convicted drug felons
who distributed the illegal controlled substances, as
specified; the bill was vetoed by the governor.
AB 508 (Swanson), of 2007, would have repealed the lifetime
disqualification from food stamps for persons convicted of
specified felonies involving controlled substances; the
bill was vetoed by the governor.
Assembly votes
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Human Services Committee 4-1
Appropriations Committee 10-5
Floor 44-31
Arguments in support
Supporters believe that those released from prison have
served their sentence and that punishment for their crime
should cease. Also, rehabilitation efforts may depend on
these individuals' achieving the food security and degree
of economic security provided by food stamp benefits.
Barring these individuals from food stamp benefits may
hamper their ability to provide for their children and to
achieve self-sufficiency.
Arguments in opposition
The District Attorney Association worries that it may be
possible to perpetrate fraud in the electronic benefit
transfer system used for food stamps. They imply that
program integrity cannot currently be ensured, putting the
public at risk of public resources being used to facilitate
criminal activity. The Department of Social Services
objects to the bill's removal of requirements that drug
felons prove they are no longer taking illegal controlled
substances.
POSITIONS
Support: Alameda County Board of Supervisors
American Civil Liberties Union
California Catholic Conference
California Public Defenders Association
County Welfare Directors Association of
California
Western Center on Law and Poverty
Oppose: California District Attorneys Association
Department of Social Services
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