BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2280|
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THIRD READING
Bill No: AB 2280
Author: Lara (D)
Amended: 5/1/12 in Assembly
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 5-0, 6/26/12
AYES: Liu, Emmerson, Berryhill, Wright, Yee
NO VOTE RECORDED: Hancock, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/25/12 - See last page for vote
SUBJECT : California Special Supplemental Food Program
for Women,
Infants and Children
SOURCE : Author
DIGEST : This bill requires the Department of Public
Health (DPH) to provide written notice to a vendor who has
been found to overcharge a nutrition coupon upon
determination of an initial violation, when the violation
could be used later to establish a pattern to impose a
sanction, and permits the department to decide, on a
case-by-case basis, not to provide notice if doing so would
compromise an investigation.
ANALYSIS : Existing law:
CONTINUED
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1.Establishes in federal law the Special Supplemental Food
Program for Women, Infants and Children (WIC) for
low-income mothers and their children in recognition of
the demonstrated relationship between food and good
nutrition and the capacity of children to develop and
learn.
2.Creates the California WIC program to provide nutritional
food supplements through the issuance of nutrition
coupons to low-income pregnant, post-partum and lactating
women and low-income infants and children aged five and
younger.
3.Establishes protocols for vendors to accept nutrition
coupons from recipients, including a requirement that
coupon redemption be used only for specified foods and
that vendors redeem nutrition coupons at an amount that
is the same as, or lesser than, that charged other
customers for identical foods.
4.Establishes that the state may levy sanctions, as
specified, against a vendor who knowingly redeems food
coupons in excess of prices charged other customers or
commits fraud, and authorizes the state to enter a
vendor's business to verify food prices, conduct and
investigation or otherwise determine compliance.
5.Defines in federal law specified violations and
sanctions.
This bill:
1.Requires DPH within 30 days to provide written notice to
a retail food vendor if the department determines that
the vendor has committed an initial violation for which a
pattern of the violation must be established to impose a
sanction.
2.Requires that the written notice be delivered to the
vendor's most recent business ownership address on file
with department before the department conducts a second
investigation for purposes of establishing a pattern of
the violation.
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3.Requires that the written notice include a description of
the initial violation sufficient to allow the vendor to
take correction action. The description must include:
A description of the sales transaction constituting
the violation
The date and approximate time of the transaction
The location of the vendor store
1.Permits the department not to provide the written notice
if DPH determines on a case-by-case basis that notifying
the vendor would compromise an investigation.
2.Defines a "violation," as specified.
Background
The WIC program in California provides nutritional food
supplements to woman, infants and children who have been
determined to be at nutritional risk by a health
professional, based on criteria established DPH.
WIC is a 100% federally funded nutrition and health
program, providing funds for buying healthy supplemental
foods from WIC-authorized vendors. It also provides as
nutrition education, help finding healthcare and other
community services. The program aids low-income pregnant,
breastfeeding and post-partum women, as well as a
low-income parent who is the sole provider of a child under
age five. Participants must be at nutritional risk, as
determined by a health professional, and at or below 185
percent of the federal poverty level ($42,642 for a family
of four). Many WIC recipients are working parents.
In California, DPH administers contracts with 84 local WIC
agencies - half local governments and half private,
non-profit community organizations - to provide services at
more than 650 sites statewide to nearly 1.5 million
participants each month. Additionally, WIC checks can be
redeemed at any of the more than 5,500 participating
grocery stores. According to DPH, six million food checks
are issued each month. Each check is valid for a 30-day
period and is payable for a specific type and quantity of
food. DPH states that WIC is a direct infusion into the
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California economy of about $1.1 billion per year, with the
retail value of WIC checks about $63 per month, per
participant.
Unlike some other public services, WIC is not an
entitlement program. The number of participants served
depends upon the amount of the discretionary grant
appropriated annually by Congress plus subsequent
reallocations of prior-year unspent funds. California's
share of the federal grant has remained approximately 17
percent of the national appropriation over the last five
years.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/7/12)
California Chamber of Commerce
California Growers Association
California Retailers Association
ARGUMENTS IN SUPPORT : According to the author's office,
this bill would reconcile current inconsistencies between
state regulations and federal law pertaining to vendor
notifications of WIC program violations.
ASSEMBLY FLOOR : 70-0, 05/25/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fong, Furutani, Beth Gaines, Galgiani, Garrick,
Gatto, Gordon, Gorell, Hagman, Halderman, Harkey,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, V. Manuel P�rez, Portantino,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Atkins, Bill Berryhill, Fletcher,
Fuentes, Grove, Hall, Knight, Ma, Perea, Silva
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CTW:nd 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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