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

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-Amended.html

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BILL NUMBER: SB 1322	AMENDED
	BILL TEXT

	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,
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  three   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 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  July   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. The bill would impose
specified requirements on 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  July   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.


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.
  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  July   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  July  
October  1, 2012.
  SEC. 3.  Section 18926.5 is added to the Welfare and Institutions
Code, to read:
   18926.5.  (a) (1) A county that participates in the Food Stamp
Employment and Training (FSET) program 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) A county that participates in the FSET program shall be
required to demonstrate  that it is prioritizing the use of
  in its FSET plan how it is effectively using 
FSET funds for self-initiated workfare, work experience or training,
education,  and   job search, or  the
support services or client reimbursements needed to participate in
these components, as allowed by federal law and guidance.
   (c) Commencing  July   October  1, 2011,
a county that participates 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, and shall
inform the work registrant of this option.  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.  
   (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 FSET funds or match funds.  
   (e) Nothing in this section shall restrict the use of federal
funds for the financing of FSET programs.  
   (d) 
    (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. Thereafter, the department shall adopt
regulations to implement this section by  July  
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.