AB 138 — Revises provisions governing the eligibility of certain convicted persons for public assistance. (BDR 38-760)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2021) FIRST REPRINT A.B.

138138–Assemblymen AMartinez; SSEMBLY BILL N O.

138–ASSEMBLYMENBenitez-Thompson Mand ARTINEZYeager ;Joint Sponsors:

BENITEZSenators -THOMPSONCannizzaro, ANDD. YEAGER FEBRUARY 15, 2021 ____________ JOINT S PONSORS :

SENATORSHarris, CANNIZZAROOhrenschall, ,Ratti D.and Spearman CHAPTER..........

HARRIS, O HRENSCHALL , RATTI AND SPEARMAN ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing the eligibility of certain convicted persons for public assistance.

(BDR 38-760) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing federal law provides that a person who has been convicted of certain Assistancefelony fordrug Needyoffenses Familiesis (TANF)generally program,not whicheligible isfor abenefits federalunder programmporarythe pursuantTemporary toAssistance whichfor theNeedy federalFamilies government(TANF) providesprogram, grantswhich ofis moneya tofederal statesprogram to provide financial assistance to certain families, or the Supplemental Nutrition Assistance Program (SNAP), which is a federal program to provide assistance to certain families for the purchase of food.

§ 862a(a)) Existing federal law authorizes a state to opt out of this limitation and allow a person who was convicted (21of U.S.C.a felony drug offense to be eligible for TANF and SNAP benefits in that state.

§(21 862a(d)(1)(A))U.S.C. Similarly, existing Nevada law provides that a person who has been convicted of felony possession, use or distribution of a controlled substance is not eligible for TANF or SNAP benefits, unless the convicted person is participating in or has completed a program for the treatment of a substance use disorder approved by the Division of Welfare and Supportive Services of the Department of Health and Human Services and the person either:

(1)§ demonstrates862a(d)(1)(A)) Similarly, existing Nevada law provides that a person who has been convicted of felony possession, use or shedistribution beganof a controlled participating in or has completed a program for the program;treatment of a substance use is disorder approved by the Division of Welfare and Supportive Services of the Department of Health and Human Services and the person either:

or(1) (2)demonstrates is pregnant and a physician certifies that TANFhe oreor -she *AB138_R1*has –not 2possessed, –used SNAPor benefitsdistributed arecontrolled requiredsubstances tosince ensurehe theor healthshe andbegan safety of the motherprogram; and the unborn child.

(NRSor 422A.345)(2) TANFis orpregnant SNAPand benefitsa forphysician felonycertifies possession,that useTANF or distributionSNAP ofbenefits aare controlledrrequired substance,to therebyensure authorizingthe suchhealth aand convictedsafety personof tothe receivemother TANF and SNAPthe benefits.unborn child.

(NRS 422A.345) TANF or SNAP benefits for felony possession, use or distribution of a controlledor substance, thereby authorizing such a convicted person to receive TANF and SNAP benefits.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

[Except as otherwise provided in subsection 2, a] A person who has been convicted of a felony , [after August 22, 1996,] an element of which is the possession, use or distribution of a controlled substance, [is not eligible to] may receive any public - 81st Session (2021) – 2 – assistance for which [denial is required by] he or she is otherwise eligible.

2.subsection 1 may be determined to be eligible for assistance if that person is participating in or has successfully completed a program for the treatment of a substance use disorder that has been approved by the Division and:

[A person who has been convicted of a felony described in subsection 1 may be determined to be eligible for assistance if that person is participating in or has successfully completed a program for the treatment of a substance use disorder that has been approved by the Division and:

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