Bill Text: CA SB283 | 2013-2014 | Regular Session | Amended

---

Bill Title: CalFresh eligibility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB283 Detail]

Download: California-2013-SB283-Amended.html

---

BILL NUMBER: SB 283	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN ASSEMBLY  JUNE 18, 2013
	AMENDED IN SENATE  MAY 28, 2013

INTRODUCED BY   Senator Hancock

                        FEBRUARY 14, 2013

   An act to amend Section 18901.3 of the Welfare and Institutions
Code, relating to social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 283, as amended, Hancock. CalFresh eligibility.
   Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as CalFresh,
formerly the Food Stamp Program, under which supplemental nutrition
assistance benefits allocated to the state by the federal government
are distributed to eligible individuals by each county. Under
existing law, a person convicted of specified drug offenses,
including transporting, selling, furnishing, administering, giving
away, possessing for sale, purchasing for purpose of sale, or
manufacturing a controlled substance, is ineligible to receive
CalFresh benefits. Existing law authorizes the payment of CalFresh
benefits to other convicted drug felons who have participated in, or
are on the waiting list for, a drug treatment program, or who can
show other evidence that the illegal use of controlled substances has
ceased.
   This bill would authorize CalFresh benefits to be paid to an
individual who is convicted in state or federal court after December
31, 1997, of any offense classified as a felony that has as an
element the possession, use, or distribution of a controlled
substance, as defined. If the person is on supervised release, he or
she would be ineligible for CalFresh benefits during any period of
revocation of that supervised release where the revocation results in
the individual's incarceration. The bill would authorize
implementation  and administration  of these provisions by
all-county letters or similar instructions  until January 1,
2015,   from the Director of Social Services, developed
in consultation with   specified entities,  and would,
thereafter, require the State Department of Social Services to adopt
regulations  in consultation with specified entities.
  by January 1, 2015. 
   Because counties administer CalFresh, this bill would increase
county duties by potentially expanding the eligible population, and
would thereby impose 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 18901.3 of the Welfare and Institutions Code is
amended to read:
   18901.3.  (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)). An
individual convicted in state or federal court after December 31,
1997, including any plea of guilty or nolo contendere, of any offense
classified as a felony that has as an element the possession, use,
or distribution of a controlled substance, as defined in Section 102
(6) of the federal Controlled Substances Act (21 U.S.C. Sec. 802(6))
or Division 10 (commencing with Section 11000) of the Health and
Safety Code, shall be eligible to receive CalFresh benefits under
this section.
   (b) As a condition of eligibility to receive CalFresh benefits
pursuant to subdivision (a), an applicant described in subdivision
(a) who is on probation, parole, or any other form of supervised
release shall comply with the terms of the supervised release,
including participation in a  government-recognized  drug
treatment program, if required. If the county social services agency
receives verification that the individual's supervised release has
been revoked, resulting in the individual's incarceration, the
individual shall become ineligible for CalFresh benefits under this
section for the duration of the revocation period.
   (c) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
 valid until January 1, 2015,  the department may
implement  and administer  this section  by
  through  all-county letters or similar 
instructions.   instructions from the director until
regulations are developed. The all-county letters or similar
instructions shall be developed in consultation with the Chief
Probation Officers of   California, the County Welfare
Directors Association, and client advocates.  Thereafter, the
department shall adopt  regulations, in consultation with the
Chief Probation Officers of California, the County Welfare Directors
Association, and client advocates,   regulations 
to implement this section by January 1, 2015.
  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.