BILL NUMBER: AB 493	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 15, 2011

   An act to add Section 10072.5 to the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 493, as amended, Perea. Electronic benefits transfer cards: use
restrictions.
   Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which each county
provides cash assistance and other benefits to qualified low-income
families.
   Existing law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), formerly the Food Stamp Program, under
which nutrition assistance benefits are provided to the state by the
federal government and are distributed to eligible households by each
county. California's SNAP program is known as CalFresh.
   Existing law permits a county to elect to deliver CalWORKs and
SNAP benefits through the use of an electronic benefits transfer
(EBT) system. Existing law specifies criteria for the development and
administration of the EBT system, including issuance to a recipient
of an EBT card.
   This bill would require the EBT system to prevent use of EBT cards
by recipients to access cash benefits outside of California,  to
purchase alcohol or tobacco products, or to access automated teller
machines located in gambling establishments and adult entertainment
establishments,  except to the extent prohibited by federal law.
The bill would specify that it would not be construed to prohibit
the use of an EBT card to access SNAP benefits, as authorized by
federal law.
    To the extent that it   This bill 
would impose additional duties on counties administering the CalWORKs
 program. This bill would impose   program with
respect to EBT care insurance and use, 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.
   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 10072.5 is added to the Welfare and
Institutions Code, to read:
   10072.5.  (a) Except to the extent prohibited by federal law, the
electronic benefits transfer system designed and implemented pursuant
to this chapter shall prevent a recipient from using the 
electronic benefits transfer card to access cash benefits outside of
California.   electronic benefits transfer card to do
any of the following:  
   (1) Access cash benefits outside of California.  
   (2) Purchase alcohol or tobacco products.  
   (3) Access automated teller machines located in gambling
establishments and adult entertainment establishments. 
   (b) Nothing in this section shall be construed to prohibit the use
of an electronic benefits transfer card to access federal
Supplemental Nutrition Assistance Program (SNAP) benefits in any
manner authorized by federal law.
  SEC. 2.  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.