BILL ANALYSIS                                                                                                                                                                                                    






                        SENATE HEALTH AND HUMAN SERVICES
                               COMMITTEE ANALYSIS
                        Senator Martha M. Escutia, Chair


          BILL NO:       AB 2417                                      
          A
          AUTHOR:        Firebaugh                                    
          B
          AMENDED:       June 21, 2000
          HEARING DATE:  June 28, 2000                                
          2
          FISCAL:        Appropriations                               
          4
                                                                      
          1
          CONSULTANT:                                                 
          7
          Margolis / cg
                                        

                                     SUBJECT
                                         
                           Assistance for immigrants

                                     SUMMARY  

          Repeals the September 30, 2000, sunset date on eligibility  
          for the California Food Assistance Program and Cash  
          Assistance Program for Immigrants benefits for legal  
          immigrants who entered the United States on or after August  
          22, 1996, thereby extending benefits to these immigrants  
          indefinitely.

                                     ABSTRACT  

          Existing federal law:
          Restricts the eligibility of lawfully present noncitizens,  
          who entered the United States on or after August 22, 1996,  
          for federal food stamps and Supplemental Security Income  
          (SSI) benefits to those noncitizens who have 40 qualifying  
          quarters of work or who become naturalized U.S. citizens. 

          Existing state law: 
          Establishes the California Food Assistance Program(CFAP)  
          and Cash Assistance Program for Immigrants (CAPI) to  
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          provide state-funded food stamps and state-funded SSI,  
          respectively, to:

          1.Legal immigrants who entered the U.S. on or before August  
            21, 1996, and who are eligible for federal food stamps or  
            SSI but for their immigration status, and provides  
            eligibility indefinitely;

          2.Legal immigrants who entered the U.S. on or after August  
            22, 1996, are otherwise eligible for federal food stamps  
            or SSI benefits, have a sponsor, and the sponsor is  
            deceased or disabled, or the immigrant is a victim of  
            abuse by the sponsor, and provides eligibility  
            indefinitely; and

          3.Legal immigrants who entered the U.S. on or after August  
            22, 1996, are otherwise eligible for federal food stamp  
            or SSI benefits, and have either no sponsor or a healthy  
            sponsor, and provides eligibility only until September  
            30, 2000.

          This bill:
          Removes the sunsets of September 30, 2000 on both the CFAP  
          and CAPI programs such that all legal immigrants will be  
          eligible for both programs, regardless of their date of  
          entry into the United States and sponsorship status. 

                                  FISCAL IMPACT  

          According to the Assembly Appropriations Committee  
          analysis, this bill would result in $5.6 million General  
          Fund cost in 2000-2001, $7.5 million annually thereafter to  
          continue CFAP benefits, and unknown costs beginning in  
          2001-2002 relating to the continuation of CAPI benefits.

                            BACKGROUND AND DISCUSSION  

          Public Law 104-193, the federal welfare reform law, enacted  
          August 22, 1996, eliminated eligibility for federal food  
          stamps and SSI programs for most legal immigrants.   
          Subsequent federal legislation restored benefits for food  
          stamps and SSI benefits to legal immigrants who entered the  
          U.S. before August 22, 1996.  AB 1576 (Bustamante), Chapter  
          278, Statutes of 1997, established CFAP and CAPI to provide  
          state-only food stamps and SSI benefits to immigrants who  
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          entered the U.S. before August 22, 1996, who would have  
          lost their benefits under federal welfare reform.  AB 2779  
          (Aroner), Chapter 329, Statutes of 1998, and AB 1111  
          (Aroner), Chapter 147, Statutes of 1999, expanded CFAP and  
          CAPI to provide benefits to eligible immigrants who entered  
          the U.S. after the enactment of federal welfare reform.   
          The Governor's budget estimates an average monthly caseload  
          of 87,000 in CFAP and 11,000 in CAPI in the current fiscal  
          year.

          According to the author, the extension of CFAP and CAPI  
          eligibility will provide needed benefits to vulnerable  
          populations of adults and children in California.  A 1998  
          study conducted by California Food Policy Advocates showed  
          that legal immigrant households losing food stamp benefits  
          are far more likely to face hunger and food insecurity than  
          similar households maintaining food stamps benefits.  The  
          sponsors of AB 2417 maintain that legal immigrants work and  
          pay taxes like other U.S. residents and that they should be  
          entitled to the same social safety net protections that are  
          afforded to citizens.  According to information provided to  
          the committee by the author in 1997, the National Academy  
          of Sciences, comparing tax payments and the costs of public  
          benefits, found that the average immigrant household in  
          California makes a net contribution of $1,178 in taxes.

          Currently, eligibility requirements for the programs are  
          complex and inequitable.  A legal immigrant who entered the  
          U.S. on August 21, 1996 is eligible indefinitely for these  
          benefits, while a legal immigrant who entered the U.S. on  
          August 23, 1996 is only eligible through September 30,  
          2000, unless the person has a sponsor who is deceased,  
          disabled, or abusing the immigrant, in which case  
          eligibility is indefinite.  This bill would simplify these  
          provision and, more importantly, create equity in  
          eligibility among legal immigrants. 
          Related legislation:
          AB 2876 is the omnibus social services trailer bill which  
          provides for a one-year extension of the sunset that this  
          bill proposes to repeal.  AB 2876 and AB 2417 appear to  
          have technical conflicts by amending the same Welfare and  
          Institutions Code Sections.  

                                  PRIOR ACTIONS

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           Assembly Floor:          56 - 16  Pass
          Assembly Appropriations: 14 -   6  Do Pass as Amended
          Assembly Human Services:   5 -   1  Do Pass

                                    POSITIONS  

          Support:       California Immigrant Welfare Collaborative  
          (sponsor)
                         American Civil Liberties Union
                         Armenian Relief Society
                         Asian American Drug Abuse Program Inc.
                         Asian American Senior Citizens Service  
                    Center
                         Asian Law Alliance
                         Asian Pacific Health Care Venture
                         Asian Pacific Islander American Health Forum
                         Asian Pacific Policy and Planning Council
                         California Association Food Banks
                         California Catholic Conference
                         California Child, Youth and Family Coalition
                         California Food Policy Advocates
                         California Institute for Rural Studies
                         California Interfaith Coalition
                         California State Association of Counties
                         Cambodian Association of America
                         Casa Del Pueblo
                         Catholic Charities of California
                         Centro Shalom
                         Children's Advocacy Institute
                         County of Alameda
                         County of Los Angeles
                         County of Santa Clara













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                         County Welfare Directors Association of  
                    California
                         Hillview Mental Health Center, Inc.
                         Immigrant Legal Resource Center
                         Immigrant Student Assessment Center
                         Instituto Sanchez-Mendoza
                         Jericho
                         Korean Health, Education, Information and  
                         Research Center
                         Los Angeles Regional Food Bank
                         Maternal and Child Health Access
                         Mexican American Legal Defense and Education  
                         Fund
                         Napa County Council for Economic Opportunity
                         National Korean- American Services and  
                         Education Consortium
                         OCAPICA
                         Orange County Community Housing Corporation
                         Pacific Asian Language Services (PALS) for  
                         Health
                         Pilipino Workers Center of Southern  
                         California
                         Placentia Human Services
                         Planned Parenthood of San Diego and  
                         Riverside Counties
                         Protection & Advocacy, Inc.
                         San Francisco Food Bank
                         Santa Ana Hospital Medical Center
                         Second Harvest Food Bank
                         Self-Help for the Elderly
                         Service Employer's International Union Local  
                         660
                         South Central Family Health Center
                         Southern California Association of  
                         Non-Profit Housing 
                         Thai Community Development Center
                         United Lao Movement for Democracy
                         Urban Counties Caucus
                         Western Center on Law and Poverty
                         605 Citizenship Project
                         78 Individuals

          Oppose:   None received.

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