Bill Text: CA SB1322 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Food Stamp Employment and Training program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-29 - In Senate. To unfinished business. (Veto) [SB1322 Detail]

Download: California-2009-SB1322-Introduced.html

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BILL NUMBER: SB 1322	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Liu

                        FEBRUARY 19, 2010

   An act to amend Section 18926 of the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1322, as introduced, 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 three 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 to screen work registrants to
determine whether they will participate in, or be deferred from, the
FSET program. The bill would establish various categories of
individuals who are deferred from mandatory participation in FSET.
   This bill, to the extent permitted by federal law, would require
that when an individual is sanctioned for failing to comply with the
work requirements of the CalWORKs program, or certain other public
social services programs, that the individual would not receive a
food stamp sanction.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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) The county shall screen work registrants to determine whether
they will participate in, or be deferred from, the Food Stamp
Employment and Training (FSET) program. Persons who are registered
for work and are not deferred under FSET are considered mandatory
participants.  
   (d) The following individuals shall be deferred from mandatory
participation in the FSET program until the county determines that
the situation precluding FSET participation no longer exists: 

   (1) An individual who resides in a federally approved
geographically excluded area or federally determined work surplus
area.  
   (2) An individual who is participating in a substitute program
described in Section 63-407.23 of Title 22 of the California Code of
Regulations, that has participation requirements that exceed those
contained in the FSET program.  
   (3) An individual who is unable to participate due to personal
circumstances, including, but not limited to, any of the following:
 
   (A) A lack of dependent care, as defined in subdivision (j) of
Section 63-408.41 of Title 22 of the California Code of Regulations.
This includes situations in which dependent care costs exceed the
maximum allowable dependent care deduction per month per dependent.
 
   (B) A lack of transportation, which is defined as private or
public transportation that is not available at reasonable times on a
regular basis, or monthly transportation costs plus other costs,
excluding dependent care costs, that exceed the amounts determined in
Section 63-407.831 of Title 22 of the California Code of
Regulations.  
   (C) The individual lives an unreasonable distance from the FSET
program site.  
   (D) The individual has a severe family crisis.  
   (E) The individual temporarily has been laid off from his or her
job and is expected to return to work within 60 days.  
   (F) The individual is involved in legal difficulties, such as
court-mandated appearances, that preclude his or her participation.
 
   (G) The individual has a temporary illness or disability. 

   (e) To the extent permitted by federal law, when an individual is
sanctioned for failing to comply with the work requirements of the
CalWORKs program, unemployment compensation, substitute programs,
general assistance, or CalWORKs unpaid community service and work
experience, the individual shall not receive a food stamp sanction.
 
   (c) 
    (f)  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.
  SEC. 2.  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.