BILL NUMBER: SB 43 INTRODUCED
BILL TEXT
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 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
CalFresh Program (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 to screen CalFresh 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 CalFresh 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, 2012, 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 would require a county that 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 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, 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) 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, "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 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 CalFresh work
registrants to determine whether they will participate in, or be
deferred from, the FSET program. If deferred, a CalFresh work
registrant may request to enroll in the FSET program as a voluntary
participant. An individual shall be deferred from a CalFresh 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.
(c) (1) A county that elects to participate in the FSET program
shall be required to demonstrate in its FSET plan how it is
effectively using FSET 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 plan.
(d) Commencing October 1, 2012, a county that 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 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
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 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 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.