Bill Text: CA AB537 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Farmers' markets: electronic benefit transfers.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 435, Statutes of 2010. [AB537 Detail]

Download: California-2009-AB537-Amended.html

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BILL NUMBER: AB 537	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2010
	AMENDED IN SENATE  JUNE 30, 2010
	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN ASSEMBLY  JANUARY 25, 2010
	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 1, 2009

INTRODUCED BY   Assembly Member Arambula
   (Coauthors: Assembly Members Caballero and Solorio)

                        FEBRUARY 25, 2009

   An act to add Section 10072.1 to the Welfare and Institutions
Code, relating to public benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 537, as amended, Arambula. Farmers' markets: electronic benefit
transfers.
   Existing law  , administered by the State Department of Social
Services,  provides for the establishment of a statewide
electronic benefit transfer (EBT) system for the purpose of providing
financial and food assistance benefits to needy Californians.
   This bill would  require, with certain exceptions,
  allow an interested collective group or association of
produce sellers in  a flea market, farmers' market, or
certified farmers' market  that does not have an EBT system
in place by January 1, 2012, to designate or assign an interested
Food and Nutrition Service (FNS)-authorized organization 
 or   its   designated Food and Nutrition
Service (FNS) authorized agent  to  initiate and 
operate an EBT acceptance system in the market, as specified.
 The bill would require the State Department of Social
Services to consider and solicit input from the market prior to
making a designation or assignment authorized under the bill, to
avoid potential conflicts, as specified.   The bill
would   provide   that  an individual
produce seller in a market   is not prohibited from
operating his or her   own individual EBT acceptance
activity as part of that seller's personal business customer
transaction offering. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10072.1 is added to the Welfare and
Institutions Code, to read:
   10072.1.  (a) The Legislature finds and declares that flea
markets, farmers' markets, and certified farmers' markets are
important sources of low-cost produce for Californians in need of
food assistance.
   (b) (1)  If by January 1, 2012,   An
interested collective group or association of produce sellers
actively participating in produce sales in  a market described
in subdivision  (a) does not have a system in place for its
produce sellers to accept electronic benefit transfer (EBT) for
purchases, the State Department of Social Services   (a)
or its designated Food and Nutrition Services (FNS) authorized agent
may initiate and operate an electronic benefit transfer (EBT)
acceptance system on behalf of its members  , to the extent and
manner allowed by federal law and  regulation, may designate
or assign an interested Food and Nutrition Service (FNS)-authorized
organization to operate an EBT acceptance system in the market on
behalf of the market's produce sellers. The market shall allow
  regulation. The market operator shall allow  and
accommodate the FNS-authorized  organization  
group or association  in a reasonable manner that aids in the
creation, implementation, and operation of  the 
 its  EBT acceptance system.  The allowance and
accommodation by the market operator mandated by this section is
limited solely   to the activity of the operation of the EBT
acceptance system by the group or association. No other activities
are authorized without the express permission of the market operator.

   (2) This subdivision shall not apply to a market described in
subdivision (a) that  operates an active and current
  currently or subsequently operates an  EBT
acceptance system. 
   (c) The State Department of Social Services shall consider and
solicit input from the market prior to making a designation or
assignment authorized under this section to avoid, among other
potential conflicts, the selection of an entity that is in direct
competition with the market being served. The department may
condition an assignment or designation, and remove an FNS-authorized
organization previously designated or assigned by the department.
 
   (c) Nothing in this section or any other provision of law shall
prohibit an individually FNS-authorized produce seller in a market
described in subdivision (a) from operating his or her own individual
EBT acceptance activity as part of that seller's personal business
customer transaction offering. 
   (d) Nothing in this section shall be interpreted to require a
market described in subdivision (a) to itself create, operate, or
maintain an EBT acceptance system on behalf of its produce sellers.