Veto of SNAP eligibility expansion sustained

An attempt to override the governor’s veto of a bill to eliminate the state’s lifetime ban on Supplemental Nutrition Assistance Program eligibility for individuals with certain drug-related convictions fell short May 19.

Currently, individuals with one or more felony convictions involving the sale or distribution of a controlled substance or three or more felony convictions for possession or use are prohibited from receiving SNAP benefits.

An individual with one or two felony convictions for possession or use is eligible only if they participate in an approved substance abuse treatment program.

LB319, introduced by Bellevue Sen. Victor Rountree, would have removed the lifetime ban and allowed individuals with felony drug convictions to receive SNAP benefits if they otherwise qualified and had completed their sentence or are serving a term of parole, probation or post-release supervision.

The measure also would have modified the requirement to participate in a treatment program as a condition of eligibility. Under the bill, an individual with three or more felony convictions for possession or use of a controlled substance would have been eligible only after participating in an approved treatment program while incarcerated or on probation or parole following their most recent conviction.

An exception from mandatory substance abuse treatment could have been granted on a case-by-case basis if a licensed health care practitioner determined such treatment was not required.

Lawmakers passed LB319 on a 32-17 vote May 14. The bill was vetoed by Gov. Jim Pillen later that day.

In his veto letter, Pillen said the bill contained “loopholes” that could allow “habitual offenders” to evade the substance abuse treatment requirement. Individuals who distribute or sell illicit drugs should not be entitled to taxpayer-funded benefits, he said, and those who use drugs should be required to complete treatment at a point before they receive a third felony conviction.

Rountree filed a motion to override the veto, which was taken up for debate May 19. He disagreed that the treatment requirements outlined in the bill contained “loopholes.” The measure would provide the help needed to those who struggle with addiction, he said, while also allowing those who do not require substance abuse treatment to still receive food assistance.

Removing the current SNAP ban for felony drug convictions would promote successful reentry, reduce recidivism and help prevent hunger among Nebraska children and families, Rountree said.

“There is no final straw … that warrants us withholding forgiveness,” he said. “Everyone needs to eat.”

Omaha Sen. Megan Hunt supported the override motion. She said the current SNAP eligibility ban — which does not apply to any other criminal conviction — is an “invisible punishment” that lasts a lifetime.

The people LB319 would help already have completed their sentences and paid their debt to society, she said, but the state is withholding food assistance and continuing to punish them for those crimes for the rest of their lives.

“Once you’ve done your time, you should be able to reintegrate into society and live like everybody else,” Hunt said.

Sen. Tanya Storer of Whitman opposed the override motion. She said the current ban does not exclude all individuals with felony drug convictions, but rather focuses on “drug dealers” and repeat offenders.

“If they are savvy enough to run a drug-dealing operation, they’re probably savvy enough to get a job,” Storer said.

She added that current practice allows flexibility for those struggling with addiction by allowing up to three convictions for use or possession before an individual is deemed ineligible for SNAP benefits.

The override motion failed on a 24-24 vote. Thirty votes were needed.