Bill Text: CA SB1029 | 2013-2014 | Regular Session | Amended

California Senate Bill 1029 (Prior Session Legislation)

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

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  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 add Section
18901.35 to,  to repeal Section 17012.5 of, and to repeal
and add Section 11251.3 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. 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 that results in the individual's
incarceration.  The bill would also require the department to
request a waiver from the federal government for the preenrollment
of otherwise eligible applicants to the CalFresh program within one
month of the applicant's reentry into the community from county jail
or state prison, and would require the department, in coordination
with the Chief Probation Officers of California, the County Welfare
Directors Association of California, and client advocates to
implement the preenrollment program within 6 months of the waiver
being granted.  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 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 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 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 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),
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.    Section 18901.35 is added to the
Welfare and Institutions Code, to read:
   18901.35.  The department shall submit to the United States
Department of Agriculture's Food and Nutrition Service, on or before
March 31, 2015, a request to waive Section 273.1(b)(7)(vi) of Title 7
of the Code of Federal Regulations to allow for the preenrollment of
otherwise eligible applicants to the CalFresh program up to one
month prior to the applicant's reentry into the community from county
jail or state prison. The department shall implement a preenrollment
process in coordination with the Chief Probation Officers of
California, the County Welfare Directors Association of California,
and client advocates within six months of the waiver approval.

   SEC. 7.   SEC. 6.   Notwithstanding
Section 15200 of the Welfare and Institutions Code, no appropriation
shall be made for the purpose of implementing this act.
   SEC. 8   SEC. 7.    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.