BILL NUMBER: SB 43 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Liu
DECEMBER 8, 2010
An act to add Section 18926.5 to the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 43, as amended, Liu. Food Stamp
CalFresh Employment and Training program.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as
the CalFresh Program CalFresh (formerly the Food
Stamp Program), under which nutrition assistance benefits formerly
referred to as food stamps, allocated to the state by the federal
government, are distributed to eligible individuals by each county.
Existing federal law requires all SNAP recipients, unless otherwise
exempt, between 15 to 60 years of age, inclusive, who are physically
and mentally fit, to register for employment and participate in the
Food Stamp Employment and Training (FSET) program.
This bill would require a county that elects to participate in the
FSET program , which the bill would designate as the
CalFresh Employment and Training program (CalFresh E &
T), to screen CalFresh work registrants to determine
whether they will participate in, or be deferred from, the
FSET CalFresh E & T
program, and would describe the criteria for deferral. The bill would
authorize a CalFresh work registrant who is deferred from mandatory
participation in FSET CalFresh E &
T to request to enroll in the program as a
voluntary participant. The bill would require a county that
participates in the FSET CalFresh E
& T program to screen work registrants to
determine whether they will participate in, or be deferred from, the
FSET CalFresh E & T
program, and would authorize a deferred work registrant to
request to enroll in the FSET CalFresh E
& T program as a voluntary participant.
The bill would defer an individual from mandatory placement in the
FSET CalFresh E & T
program under designated circumstances.
This bill, commencing October 1, 2012, would require a county that
elects to participate in the FSET CalFresh E
& T program to allow work registrants
who are mandatorily placed in the program to meet the work
requirements of the mandatory placement through self-initiated
workfare, as defined.
This bill would require a county that elects to participate in the
FSET program to demonstrate in its FSET
CalFresh E & T plan how it is effectively
using FSET CalFresh E &
T funds, as specified, but would not be construed to require a
county to offer a particular component as part of its FSET
CalFresh E & T plan. The
bill would impose specified requirements on these counties with
respect to the use of FSET CalFresh E
& T and other federal funds and the
implementation of FSET CalFresh E
& T and other workfare programs.
This bill would provide that it would not require a county to
provide for workers' compensation coverage for an FSET
a CalFresh E & T
participant who elects to participate in self-initiated workfare, as
specified.
This bill would require the department to adopt implementing
regulations by October 1, 2013.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to increase meaningful opportunities for employment and
training in the Food Stamp Employment and Training (FSET)
training in the CalFresh Employment and Training (CalFresh E
& T) program and assist CalFresh
recipients in meeting the work requirements of the CalFresh
Program program .
SEC. 2. Section 18926.5 is added to the Welfare and Institutions
Code, to read:
18926.5. (a) For the purposes of this chapter, "Food
Stamp Employment and Training program" or "FSET" means the program
"CalFresh Employment and Training program" or
"CalFresh E & T" means the program
established under Section 6(d)(4)(B) of the federal Food Stamp Act (7
U.S.C. Sec. 2015), Section 273.7 of Title 7 of the Code of Federal
Regulations, and associated administrative notices published by the
United States Department of Agriculture with the purpose of assisting
members of food stamp households in gaining skills, training, work,
or experience that will increase their ability to obtain regular
employment.
(b) (1) A county that elects to participate in the Food
Stamp Employment and Training (FSET) CalFresh
Employment and Training (CalFresh E & T)
program, as authorized by the federal Food Stamp Act (7 U.S.C. Sec.
2029), shall screen CalFresh work registrants to determine whether
they will participate in, or be deferred from, the FSET
CalFresh E & T program. If
deferred, a CalFresh work registrant may request to enroll in the
FSET CalFresh E & T
program as a voluntary participant. An individual shall be
deferred from a CalFresh Program mandatory
placement in the FSET CalFresh E &
T program if he or she satisfies any of the
criteria in Sections 273.7 and 273.24 of Title 7 of the Code of
Federal Regulations, or if he or she resides in a federally
determined work surplus area.
(2) For purposes of this section, "deferred" has the same meaning
as exempt.
(c) (1) A county that elects to participate in the FSET
CalFresh E & T program
shall be required to demonstrate in its FSET
CalFresh E & T plan how it is effectively
using FSET CalFresh E &
T funds for each of the components that the county offers,
including, but not limited to, any of the following:
(A) Self-initiated workfare.
(B) Work experience or training.
(C) Education.
(D) Job search.
(E) The support services or client reimbursements needed to
participate in subparagraphs (A) to (D), inclusive, as allowed by
federal law and guidance.
(2) Nothing in this section shall be construed to require a county
to offer a particular component as a part of its FSET
CalFresh E & T plan ,
except to the extent required by subdivision (d) .
(d) Commencing October 1, 2012, a county that elects to
participate in the FSET CalFresh E
& T program shall allow work registrants who are
mandatorily placed in the program to meet the work requirements of
the mandatory placement through self-initiated workfare, as defined
in paragraph (2), and shall inform the work registrant of this
option.
(1) Nothing in this section shall be construed to require a county
to provide for workers' compensation coverage for an FSET
CalFresh E & T participant
who elects to participate in self-initiated workfare.
Notwithstanding Division 4 (commencing with Section 3200) of the
Labor Code, a county shall have no duty to provide workers'
compensation coverage for an FSET a CalFresh
E & T participant who elects to
participate in self-initiated workfare.
(2) For purposes of this chapter, "self-initiated workfare" means
a public service placement in a public or private nonprofit agency
that is initiated by the CalFresh recipient and for which the
CalFresh recipient is responsible for documentation of hours.
Self-initiated workfare shall be verified in the same manner as other
work activity verification and shall meet the requirements
established in Section 20 of the federal Food Stamp Act (7 U.S.C.
Sec. 2029), and its ensuing regulations and administrative notices,
including, but not limited to, Section 273.7 of Title 7 of the Code
of Federal Regulations and USDA Administrative Notices 97-40 and
97-58.
(e) Nothing in this section shall limit a county's ability to
condition the receipt of nonmedical benefits under Section 17000 on
an individual's participation in an employment and training or
workfare program of the county's choice, even if that program is
financed in whole or part with FSET CalFresh
E & T funds or match funds.
(f) Nothing in this section shall restrict the use of federal
funds for the financing of FSET programs.
(g) 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),
the department may implement this section by all-county letters or
similar instructions. Thereafter, the department shall adopt
regulations to implement this section by October 1, 2013.