Bill Text: CA AB1756 | 2009-2010 | Regular Session | Amended
Bill Title: Food stamps: eligibility: drug felonies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB1756 Detail]
Download: California-2009-AB1756-Amended.html
BILL NUMBER: AB 1756 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Swanson
FEBRUARY 8, 2010
An act to amend Section 7115 of the Government Code,
relating to economic development. An act to amend
Section 18901.3 of the Welfare and Institutions Code, relating to
food stamps.
LEGISLATIVE COUNSEL'S DIGEST
AB 1756, as amended, Swanson. Economic development:
military base closure. Food stamps: eligibility: drug
felonies.
Existing law provides for the Food Stamp program, under which food
stamps allocated to the state by the federal government under the
federal Supplemental Nutrition Assistance Program, are distributed to
eligible individuals by each county. Existing law provides that a
person convicted of a drug-related felony, with certain exceptions,
is eligible for aid under the Food Stamp program, if specified
requirements are met.
This bill would, instead, provide that a person convicted of any
drug felony shall be eligible for aid under the Food Stamp program,
and would eliminate the above-referenced eligibility requirements.
By changing the eligibility standards under the Food Stamp
program, this bill would increase the responsibilities of counties in
the administration of the program, 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.
The Local Agency Military Base Recovery Area Act authorizes a
local agency to propose to the Department of Housing and Community
Development that an eligible area, as defined, within the local
agency's jurisdiction be designated, for an 8-year period, as a local
agency military base recovery area by the department, as specified,
thereby authorizing the local agency to extend regulatory, tax, and
other governmental program incentives to offset the adverse economic
effects of federal military base closures. That act also requires the
department to submit a report to the Legislature annually that
evaluates specified effects of the program in designated areas,
indicates whether more areas should be designated, as specified, and
provides specified information relating to the value of area tax
credits.
This bill would make technical, nonsubstantive changes to that
law.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
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 Pursuant 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)). A convicted drug felon shall be eligible to receive
food stamps under this section.
(b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for sale,
purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled substance, or cultivating, harvesting, or processing
marijuana or any part thereof pursuant to Section 11358 of the Health
and Safety Code.
(c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).
(d) As a condition of eligibility to receive food stamps pursuant
to subdivision (a), an applicant convicted of a felony drug offense
that is not excluded under subdivision (b) or (c) shall be required
to provide proof of one of the following subsequent to the most
recent drug-related conviction:
(1) Completion of a government-recognized drug treatment program.
(2) Participation in a government-recognized drug treatment
program.
(3) Enrollment in a government-recognized drug treatment program.
(4) Placement on a waiting list for a government-recognized drug
treatment program.
(5) Other evidence that the illegal use of controlled substances
has ceased, as established by State Department of Social Services
regulations.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through an all-county letter or similar instructions from the
director no later than January 1, 2005.
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2005. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act.
The adoption of emergency regulations shall be deemed to be an
emergency and necessary for immediate preservation of the public
peace, health and safety, or general welfare. The emergency
regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
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.
SECTION 1. Section 7115 of the Government Code
is amended to read:
7115. The department shall submit a report to the Legislature on
or before July 1, of each year that does all of the following:
(a) Evaluates the effect of the program on employment, investment,
and incomes, and on state and local tax revenues in designated local
agency military base recovery areas.
(b) Indicates whether the number of existing local agency military
base recovery areas should be expanded, by how many, and under what
applicable time schedules.
(c) Provides information from the Franchise Tax Board on the
dollar value of local agency military base recovery area tax credits
that are claimed each year by businesses.
