BILL NUMBER: SB 43 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 26, 2011
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. CalFresh Employment and Training program.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as 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 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 the
CalFresh E&T program to request to enroll in the
program as a voluntary participant. The bill would require a
county that participates in the CalFresh E&T program to screen work
registrants to determine whether they will participate in, or be
deferred from, the CalFresh E&T program, and would authorize a
deferred work registrant to request to enroll in the CalFresh E&T
program as a voluntary participant. The bill would defer an
individual from mandatory placement in the CalFresh E&T program under
designated circumstances.
This bill, commencing October 1, 2012, would require a county that
elects to participate in the 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 CalFresh E & T
program to demonstrate in its CalFresh E&T plan how it is
effectively using CalFresh E&T funds, as specified, but would not be
construed to require a county to offer a particular component as part
of its CalFresh E&T plan. The bill would impose specified
requirements on these counties with respect to the use of CalFresh
E&T and other federal funds and the implementation of CalFresh E&T
and other workfare programs.
This bill would provide that it
a CalFresh E & T participant is
not an employee for the purposes of workers' compensation and
would provide that it would not require a county to
provide for workers' compensation coverage for 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 CalFresh Employment and Training (CalFresh E&T) program and
assist CalFresh recipients in meeting the work requirements of the
CalFresh 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, "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 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 CalFresh E&T program. If deferred, a CalFresh
work registrant may request to enroll in the CalFresh E&T program as
a voluntary participant. An individual shall be deferred from a
mandatory placement in the 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 CalFresh E&T
program shall be required to demonstrate in its CalFresh E&T plan how
it is effectively using 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 CalFresh
E&T plan, except to the extent required by subdivision (d).
E & T plan.
(d) Commencing October 1, 2012, a county that elects to
participate in the 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 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 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)
(d) 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 CalFresh E&T funds or match funds.
(f)
(e) Nothing in this section shall restrict the use of
federal funds for the financing of FSET
CalFresh E & T programs.
(f) Nothing in this section shall be construed to require a county
to provide for workers' compensation coverage for a CalFresh E&T
participant. Notwithstanding Division 4 (commencing with Section
3200) of the Labor Code, a CalFresh E&T participant shall not be an
employee for the purposes of workers' compensation coverage and a
county shall have no duty to provide workers' compensation coverage
for a CalFresh E&T participant.
(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.