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IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2000

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40-6-8. Food stamp program -- (a) The department shall have the responsibility to administer the food stamp program for the state in compliance with the provisions of the federal Food Stamp Act of 1964, as amended, 7 U.S.C. section 2011 et seq.

(b) The department is empowered and authorized to submit its plan for food stamps to the federal government or any agency or department thereof. The department shall act for the state in any negotiations relative to the submission and approval of a plan, and may make any arrangement or changes in its plan not inconsistent with this chapter which may be required by the Food Stamp Act or the rules and regulations promulgated pursuant thereto to obtain and retain such approval and to secure for this state the benefits of the provisions of the federal act relating to food stamps. The department shall make reports to the federal government or any agency or department thereof in the form and nature required by it, and in all respects comply with any request or direction of the federal government or any agency or department thereof which may be necessary to assure the correctness and verification of the reports.

(c) The department is authorized and directed to pay one hundred percent (100%) of the state's share of the administrative cost involved in the operation of the food stamp program.

(d) The department is authorized and directed to provide food stamps to legal immigrants, as defined herein, who would be eligible for such benefits under the federal food stamp program but for the restricted eligibility rules imposed by section402(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law No. 104-193) [8 U.S.C. section 1612(a)(1)] and as such act may hereafter be amended. For purposes of this section, the term legal immigrant shall mean a non-citizen lawfully admitted for permanent residence before August 22, 1996 or who first became entitled to reside in the United States before August 22, 1996 and in either case, was a resident of the state of Rhode Island prior to August 22, 1996. , regardless of date of entry to the United States. The amount of benefits shall be the same as would be provided if the individual qualified for the federal food stamp program. The administrative costs involved in providing such benefits and the cost of such benefits shall be funded solely with state funds. Payment of benefits under this subsection shall be subject to approval by the secretary of the United States department of agriculture to utilize the federal food stamp program as the distribution system to issue benefits to such legal immigrants.

(e) Except as provided herein, no person shall be ineligible for food stamp benefits due solely to the restricted eligibility rules otherwise imposed by section115(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193) [21 U.S.C. section 862a(a)(2)] and as such section may hereafter be amended. No person convicted of a drug related felony, as defined herein, shall be eligible for food stamp benefits. For purposes of this subsection, "drug related felony" means the conviction (under federal or state law) subsequent to August 22, 1996 of an individual of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the distribution or sale of a controlled substance (as defined in section102(6) of the Controlled Substances Act, 21 U.S.C. 802(6)).

SECTION 2. This act shall take effect upon passage.

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LC00909
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

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This act would authorize and direct the department of human services to restore food stamp eligibility for low-income legal immigrants, regardless of entry date to the United States; update vehicle value resource rules for food stamp households; increase food stamp allotments for families with children with high shelter costs; and supplement funding for The Emergency Food Assistance Program.

This act would take effect upon passage.