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SB-1029 CalFresh eligibility.(2013-2014)

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SB1029:v96#DOCUMENT

Amended  IN  Senate  May 27, 2014
Amended  IN  Senate  April 10, 2014
Amended  IN  Senate  March 20, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill
No. 1029

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   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.