Bill Text: CA AB1770 | 2015-2016 | Regular Session | Enrolled
Bill Title: Food assistance program: eligibility.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2016-09-25 - Vetoed by Governor. [AB1770 Detail]
Download: California-2015-AB1770-Enrolled.html
BILL NUMBER: AB 1770 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 17, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Alejo
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 3, 2016
An act to amend Section 18930 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1770, Alejo. Food assistance program: eligibility.
Existing law requires the State Department of Social Services to
establish the Food Assistance Program for certain immigrants residing
in this state, including, among others, a battered immigrant spouse
or a Cuban or Haitian entrant, as described in specified provisions
of federal law.
This bill would provide that a noncitizen is eligible for aid
under the Food Assistance Program if he or she is lawfully present in
the United States. To the extent this bill would expand eligibility
for the Food Assistance Program, which is administered by the
counties, this bill would 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18930 of the Welfare and Institutions Code is
amended to read:
18930. (a) The State Department of Social Services shall
establish a Food Assistance Program to provide assistance for those
persons described in subdivision (b). The department shall enter into
an agreement with the United States Department of Agriculture to use
the existing federal Supplemental Nutrition Assistance Program
coupons, to the extent allowed by federal law, for the purposes of
administering this program. Persons who are members of a household
receiving CalFresh benefits under this chapter or under Chapter 10
(commencing with Section 18900), and are receiving CalWORKs benefits
under Chapter 2 (commencing with Section 11200) of Part 3 on
September 1, 1998, shall have eligibility determined under this
chapter without need for a new application no later than November 1,
1998, and the beginning date of assistance under this chapter for
those persons shall be September 1, 1998.
(b) (1) Except as provided in paragraphs (2), (3), and (4) and
Section 18930.5, a noncitizen of the United States is eligible for
the program established pursuant to subdivision (a) if the person's
immigration status meets the eligibility criteria of the federal
Supplemental Nutrition Assistance Program in effect on August 21,
1996, but he or she is not eligible for federal Supplemental
Nutrition Assistance Program benefits solely due to his or her
immigration status under Public Law 104-193 and any subsequent
amendments thereto.
(2) A noncitizen of the United States is eligible for the program
established pursuant to subdivision (a) if the person is a battered
immigrant spouse or child or the parent or child of the battered
immigrant, as described in Section 1641(c) of Title 8 of the United
States Code, as amended by Section 5571 of Public Law 105-33, if the
person is a Cuban or Haitian entrant as described in Section 501(e)
of the federal Refugee Education Assistance Act of 1980 (Public Law
96-422), or if the person is otherwise lawfully present in the United
States.
(3) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, shall be
eligible for aid under this chapter only if he or she is sponsored
and one of the following apply:
(A) The sponsor has died.
(B) The sponsor is disabled as defined in subparagraph (A) of
paragraph (3) of subdivision (b) of Section 11320.3.
(C) The applicant, after entry into the United States, is a victim
of abuse by the sponsor or the spouse of the sponsor if the spouse
is living with the sponsor.
(4) An applicant who is otherwise eligible for the program but who
entered the United States on or after August 22, 1996, who does not
meet one of the conditions of paragraph (3), is eligible for aid
under this chapter beginning on October 1, 1999.
(5) The applicant shall be required to provide verification that
one of the conditions of subparagraph (A), (B), or (C) of paragraph
(3) has been met.
(6) For purposes of subparagraph (C) of paragraph (3), abuse shall
be defined in the same manner as provided in Section 11495.1 and
Section 11495.12. A sworn statement of abuse by a victim, or the
representative of the victim if the victim is not able to competently
swear, shall be sufficient to establish abuse if one or more
additional items of evidence of abuse is also provided. Additional
evidence may include, but is not limited to, the following:
(A) Police, government agency, or court records or files.
(B) Documentation from a domestic violence program, legal,
clinical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse.
(C) A statement from any other individual with knowledge of the
circumstances that provided the basis for the claim.
(D) Physical evidence of abuse.
(7) If the victim cannot provide additional evidence of abuse,
then the sworn statement shall be sufficient if the county makes a
determination documented in writing in the case file that the
applicant is credible.
(c) In counties approved for alternate benefit issuance systems,
that same alternate benefit issuance system shall be approved for the
program established by this chapter.
(d) (1) To the extent allowed by federal law, the income,
resources, and deductible expenses of those persons described in
subdivision (b) shall be excluded when calculating CalFresh benefits
under Chapter 10 (commencing with Section 18900).
(2) A household shall not receive more CalFresh benefits under
this section than it would if no household member was rendered
ineligible pursuant to Title IV of Public Law 104-193 and any
subsequent amendments thereto.
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.
