HLS 17RS-1432 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 681 (Substitute for House Bill No. 177 by Representative Moreno)
BY REPRESENTATIVE MORENO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC ASSISTANCE: Eliminates restrictions on eligibility for certain public assistance
for persons with prior drug convictions
1 AN ACT
2To enact R.S. 46:233.3 and to repeal R.S. 46:233.2 and 237(D), relative to eligibility for
3 benefits of certain public assistance programs; to provide relative to Supplemental
4 Nutrition Assistance Program eligibility; to provide relative to eligibility for cash
5 assistance funded through the Temporary Assistance for Needy Families program;
6 to provide for eligibility for such programs of persons convicted of certain drug-
7 related felonies; to provide an effective date; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 46:233.3 is hereby enacted to read as follows:
10 ยง233.3. Individuals convicted of certain felonies; eligibility for assistance
11 As authorized by 21 U.S.C. 862a(d)(1), this state hereby exempts all
12 individuals domiciled in the state from the application of the prohibition provided
13 in 21 U.S.C. 862a(a) on eligibility for the following assistance programs and
14 benefits:
15 (1) Cash benefits under any state program funded under Part A of Title IV
16 of the Social Security Act.
17 (2) Benefits under the Supplemental Nutrition Assistance Program as defined
18 in Section 3 of the Food and Nutrition Act of 2008 or any state program carried out
19 under that Act.
20 Section 2. R.S. 46:233.2 and 237(D) are hereby repealed in their entirety.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-1432 ENGROSSED
HB NO. 681
1 Section 3. This Act shall become effective October 1, 2017.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 681 Engrossed 2017 Regular Session Moreno
Abstract: Eliminates restrictions on eligibility for the Supplemental Nutrition Assistance
Program and for cash assistance through the Temporary Assistance for Needy
Families program for persons with prior drug convictions.
Present law provides for operation by the Department of Children and Family Services of
the following assistance programs:
(1)The Supplemental Nutrition Assistance Program (successor to the Food Stamp
Program), referred to hereafter as "SNAP".
(2)The following cash assistance programs funded by the state's Temporary Assistance
for Needy Families block grant, referred to hereafter collectively as "TANF cash
assistance":
(a)The Family Independence Temporary Assistance Program (cash assistance
for low-income families with dependent children).
(b)The Kinship Care Subsidy Program (cash assistance for low-income kinship
caregivers including grandparents, step-grandparents, and other adult
relatives within the fifth degree of kinship who have legal custody or
guardianship of a minor relative).
Proposed law retains present law and revises eligibility criteria for these programs as
detailed below.
Present law provides that an individual convicted under federal or state law of any felony
offense which involves the possession, use, or distribution of a controlled substance shall be
ineligible for SNAP benefits and for TANF cash assistance benefits for a one-year period
commencing on the date of conviction if he is not incarcerated, or from the date of release
from incarceration if he is incarcerated. Proposed law repeals present law.
Pursuant to authorization provided in federal law (21 U.S.C. 862a), proposed law provides
that all individuals domiciled in La. shall be exempt from the prohibition established in
federal law on eligibility for SNAP benefits and for TANF cash assistance benefits based on
prior drug convictions.
Effective October 1, 2017.
(Adds R.S. 46:233.3; Repeals R.S. 46:233.2 and 237(D))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.