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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 283	AMENDED
	BILL TEXT

	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.  
release where the revocation results in the individual's
incarceration. The bill would authorize implementation of these
provisions by all-county letters or similar instructions until
January 1, 2015, and would, thereafter, require the State Department
of Social Services to adopt regulations in consultation with
specified entities. 
   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 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 this
section by all-county letters or similar instructions. Thereafter,
the department shall adopt regulations  , in consultation with
the Chief Probation Officers of California, the County Welfare
Directors Association, and client advocates,  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.