Bill Text: CA SB1029 | 2013-2014 | Regular Session | Amended
Bill Title: CalFresh eligibility.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-05-29 - Ordered to inactive file on request of Senator Hancock. [SB1029 Detail]
Download: California-2013-SB1029-Amended.html
BILL NUMBER: SB 1029 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 10, 2014
AMENDED IN SENATE MARCH 20, 2014
INTRODUCED BY Senator Hancock
(Coauthor: Assembly Member Bonta)
FEBRUARY 14, 2014
An act to amend Section 18901.3 of, to repeal Section
17012.5 of, and to repeal and add Section 11251.3 of,
of the Welfare and Institutions Code, relating to social
services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1029, as amended, Hancock. CalWORKs and
CalFresh eligibility.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. Under existing law, an individual
is ineligible for aid if the individual has been convicted in state
or federal court after December 31, 1997, of any offense classified
as a felony and that has as an element the possession, use, or
distribution of a controlled substance.
This bill would authorize CalWORKs 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. If the person is on supervised release, he or she would be
ineligible for CalWORKs benefits during any period of revocation of
that supervised release that results in the individual's
incarceration.
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 parole or probation or if he or she
is a fleeing felon pursuant to federal law and guidance , he
or she would be ineligible for CalFresh benefits during any period of
revocation of that supervised release that results in the
individual's incarceration parole or probation or
while he or she is a fleeing felon pursuant to federal law and
guidance . By requiring local agencies to provide a higher
level of service, this bill would impose a state-mandated local
program.
Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would provide that no appropriation would be made for
the purpose of implementing this bill.
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 11251.3 of the Welfare and
Institutions Code, as added by Section 1 of Chapter 283 of the
Statutes of 1997, is repealed.
SEC. 2. Section 11251.3 of the Welfare and
Institutions Code, as added by Section 1 of Chapter 284 of the
Statutes of 1997, is repealed.
SEC. 3. Section 11251.3 is added to the Welfare
and Institutions Code, to read:
11251.3. (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)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An
individual convicted in state or federal court after December 31,
1997, including any plea of nolo contendere, of any offense
classified as a felony that has as an element the possession, use, or
distribution of a controlled substance shall be eligible to receive
CalWORKs benefits under this section.
(b) As a condition of eligibility for CalWORKs pursuant to
subdivision (a), an applicant described in subdivision (a) who is on
probation, parole, or 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 human 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 CalWORKs 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),
until January 1, 2016, the department may implement this section by
all-county letters or similar instructions. The department shall
adopt regulations by January 1, 2016, to implement this section on
and after January 1, 2016.
SEC. 4. Section 17012.5 of the Welfare and
Institutions Code is repealed.
SEC. 5. 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 as provided for 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 probation or parole shall
comply with the terms of the supervised release
probation or parole , including participation in a
government-recognized drug treatment program, if required. If the
county human services agency receives verification that the
individual's supervised release has been revoked, resulting
in the individual's incarceration probation or parole
has been revoked or that the individual is a fleeing felon pursuant
to federal law and guidance , the individual shall become
ineligible for CalFresh benefits under this section for the duration
of the revocation period or while the person is a fleeing felon
pursuant to federal law and guidance .
(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),
until January 1, 2016, the department may implement and administer
this section by all-county letters or similar instructions 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 of California, and client advocates. The department shall
adopt regulations implementing this section by January 1, 2016.
SEC. 6. Notwithstanding Section 15200 of the
Welfare and Institutions Code, no appropriation shall be made for the
purpose of implementing this act.
SEC. 7. 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.
