BILL NUMBER: SB 1322 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE MARCH 22, 2010
INTRODUCED BY Senator Liu
FEBRUARY 19, 2010
An act to amend Section 18926 of, and to add Section
18926.5 to, An act to add Section 18926.5 to the
Welfare and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1322, as amended, Liu. Food Stamp Employment and Training
program.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as the Food
Stamp Program, under which food stamps allocated to the state by the
federal government are distributed to eligible individuals by each
county. Existing federal law requires all food stamp 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.
Existing law requires the State Department of Social Services, to
the extent permitted by federal law, to annually seek a federal
waiver of the existing SNAP limitation that stipulates that an
able-bodied adult without dependents (ABAWD) participant is limited
to 3 months of food stamps in a 3-year period unless that participant
has met the work participation requirement. Under existing law, a
county is required to be included in the waiver unless the county
declines to participate, as specified.
This bill would require a county that elects to participate
in the FSET program to screen food stamp work registrants to
determine whether they will participate in, or be deferred from, the
FSET program, and would describe the criteria for deferral. The bill
would authorize a food stamp work registrant who is deferred from
mandatory participation in FSET to request to enroll in the program
as a voluntary participant. The bill would require a county that
participates in the FSET program to screen work registrants to
determine whether they will participate in, or be deferred from, the
FSET program, and would authorize a deferred work registrant to
request to enroll in the FSET program as a voluntary participant. The
bill would defer an individual from mandatory placement in the FSET
program under designated circumstances.
This bill, commencing October 1, 2011, would require a county that
elects to participate in the FSET 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 , commencing October 1, 2011, would
require a county that implements the federal time limits for
ABAWDs to receive food stamps to offer self-initiated workfare, as
defined by existing federal regulations, in addition to any other
methods the county provides elects to participate in
the FSET program to demonstrate in its FSET plan how it is
effectively using FSET funds, as specified, but would not be
construed to require a county to offer a particular component as part
of its FSET plan . The bill would impose specified
requirements on these counties with respect to the use of
FSET and other federal funds and the implementation of FSET and other
workfare programs.
This bill would provide that it would not require a county to
provide for workers' compensation coverage for an ABAWD or
an FSET participant who elects to participate in
self-initiated workfare, as specified.
This bill would require the department to adopt implementing
regulations by October 1, 2012.
By increasing the duties of counties administering the Food Stamp
Program, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes 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) program and
assist food stamp recipients in meeting the work requirements of the
Food Stamp program .
SEC. 2. Section 18926 of the Welfare and
Institutions Code is amended to read:
18926. (a) To the extent permitted by federal law, the department
shall annually seek a federal waiver of the existing Food Stamp
Program limitation that stipulates that an able-bodied adult without
dependents (ABAWD) participant is limited to three months of food
stamps in a three-year period unless that participant has met the
work participation requirement.
(b) All eligible counties shall be included in and bound by this
waiver unless a county declines to participate in the waiver request.
If a county declines, the county shall submit documentation from the
board of supervisors of that county to that effect.
(c) Commencing October 1, 2011, a county that implements the
federal time limits for able-bodied adults without dependents (ABAWD)
to receive food stamps shall allow self-initiated workfare as a
means to satisfy the federally mandated work requirement for ABAWDs,
in addition to any other methods the county provides, and shall
inform an ABAWD of this option. Nothing in this section shall be
construed to require a county to provide for workers' compensation
coverage for an ABAWD who elects to participate in self-initiated
workfare, and a county shall have no duty to provide workers'
compensation coverage for an ABAWD who elects to participate in
self-initiated workfare, notwithstanding Division 4 (commencing with
Section 3200) of the Labor Code.
(d) For purposes of this chapter, "self-initiated workfare" means
a public service placement in a public or a private nonprofit agency
that is initiated by the food stamp recipient, for which the food
stamp 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 273.22 of Title 7 of the Code
of Federal Regulations and USDA Administrative Notices 97-40 and
97-58.
(e) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 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, 2012.
SEC. 3. SEC. 2. Section 18926.5 is
added to the Welfare and Institutions Code, to read:
18926.5. (a) (a) For the purposes of
this chapter, "Food Stamp Employment and Training Program" or "FSET"
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 participates
elects to participate in the Food Stamp
Employment and Training (FSET) program , as authorized by the
federal Food Stamp Act (7 U.S.C. Sec. 2029), shall screen food
stamp work registrants to determine whether they will participate in,
or be deferred from, the FSET program. If deferred, a food stamp
work registrant may request to enroll in the FSET program as a
voluntary participant. An individual shall be deferred from a Food
Stamp program mandatory placement in the FSET 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.
(b)
(c) (1) A county that
participates elects to participate in the FSET
program shall be required to demonstrate in its FSET plan how it is
effectively using FSET funds for self-initiated workfare,
work experience or training, education, job search, or the support
services or client reimbursements needed to participate in these
components, as allowed by federal law and guidance.
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 plan.
(c)
(d) Commencing October 1, 2011, a county that
participates elects to participate in the FSET
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 subdivision
(d) of Section 18926 paragraph (2) , and shall
inform the work registrant of this option. Nothing
(1) Nothing in this section shall
be construed to require a county to provide for workers'
compensation coverage for an FSET participant who elects to
participate in self-initiated workfare, and a county shall have no
duty to provide workers' compensation coverage for an FSET
participant who elects to participate in self-initiated workfare,
notwithstanding Division 4 (commencing with Section 3200) of the
Labor Code.
(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 food stamp recipient and for which the food
stamp 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.
(d)
(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 funds or match funds.
(e)
(f) Nothing in this section shall restrict the use of
federal funds for the financing of FSET programs.
(f)
(g) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 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, 2012.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.