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 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   Sections 18   926.5 and 18926.7 
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 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, and would describe the criteria for deferral. The bill
would authorize a 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 partic 
 ipant. The bill would defer an individual from mandatory
placement in the FSET program under designated circumstances  .

   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. 
   This bill  , commencing July 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 impose various requirements on the department
with respect to the funding and implementation of workfare and other
training programs, including requiring the department to convene a
stakeholder task force to develop a plan to improve and expand the
FSET program, in addition to other specified duties. The bill would
require the task force to report on its progress to the Legislature,
as specified.
   This bill would authorize the department to retain FSET funds in
an amount not to exceed the amount necessary to administer these
provisions, and to annually report to the Legislature the annual
amount expended for this purpose. 
   This bill would require the department to adopt implementing
regulations by July 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) 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.  
   (c) Commencing July 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.  
   (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.  
    If deferred, a work registrant may request to enroll in the FSET
program as a voluntary participant.  
   (d) An individual shall be deferred from mandatory placement in
the FSET program if he or she satisfies any of the federally mandated
criteria, or if he or she resides in a federally determined work
surplus area.  
   (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.
 
   (f) 
    (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 1, 2012. 
  SEC. 3.  Section 18926.5 is added to the Welfare and Institutions
Code, to read: 
   18926.5.  (a) A county that implements the federal time limits for
able-bodied adults without dependents (ABAWD) to receive food stamps
shall offer self-initiated workfare, as defined in Section 273 of
Title 7 of the Code of Federal Regulations, as a means to satisfy the
federally mandated work requirement for ABAWDs, in addition to any
other methods the county provides.
   (b) A county that participates in the Food Stamp Employment and
Training (FSET) 
    18926.5.    (a) (1) A county that participates in
the Food Stamp Employment and Training (FSET) program shall screen
work registrants to determine whether they will participate in, or be
deferred from, the FSET program. If deferred, a work registrant may
request to enroll in the FSET program as a voluntary participant. An
individual shall be deferred from mandatory placement in the FSET
program if he or she satisfies any of the criteria in Sections 273.7
and 273.24 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 FSET funds for self-initiated workfare, work
experience or training, education, and the support services or client
reimbursements needed to participate in these components, as allowed
by federal law and guidance. 
   (c) The department shall assign staff to assist counties in the
development of vocational, educational, and job training programs
allowed under federal guidance for the Supplemental Nutrition
Assistance Program (SNAP), and to assist in the identification of
private, third-party, in-kind, state, and other funds that are able
to be used to draw down federal funding.  
   (d) The department shall assign staff to coordinate with other
workfare programs in the state that are serving the state population,
including CalWORKs, the California Community College Chancellor's
Office Extended Opportunity Programs and Services, and the federal
Workforce Investment Act of 1998.  
   (e) (1) The department shall convene a stakeholder task force to
develop a plan to improve and expand FSET educational components and,
as allowed by federal administrators, to expand the Cal Success
Program beyond the original pilot counties.  
   (2) The task force shall report on its progress to the Legislature
on or before January 15, 2011.  
   (f) The department may retain FSET funds in an amount not to
exceed the amount necessary to administer this section. The
department shall annually report to the Legislature the amount
expended on administration.  
   (g) (1) The requirement for submitting a report imposed under
subdivision (e) is inoperative on January 1, 2015, pursuant to
Section 10231.5 of the Government Code.  
   (2) A report to be submitted pursuant to subdivision (e) shall be
submitted in compliance with Section 9795 of the Government Code.
 
   (c) Commencing July 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.  
   (d) 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 1, 2012. 
   SEC. 4.    Section 18926.7 is added to the  
Welfare and Institutions Code   , to read:  
   18926.7.  (a) The department shall assign a staff person who shall
be responsible to do both of the following:
   (1) Assist counties in the development of vocational, educational,
and job training programs allowed under federal guidance for the
FSET program, and in the identification of private, third-party,
in-kind, state, and other funds that can be used to receive federal
financial participation.
   (2) Coordinate with other workfare programs in the state that are
serving the same population, including CalWORKs, the California
Community College Chancellor's Office Extended Opportunity Programs
and Services, and the federal Workforce Investment Act of 1998.
   (b) (1) The department shall convene a stakeholder task force to
develop a plan to improve and expand FSET educational components and,
as allowed by federal administrators, to expand the Cal Success
Program, or a similar model, beyond the original pilot counties.
   (2) The task force shall report on its progress to the Legislature
by January 15, 2011.
   (c) The department may retain a portion of the FSET allocation to
fund one additional position to administer this section, and Sections
18926 and 18926.5. The department shall annually report to the
Legislature the amount expended on administration of these sections.
   (d) (1) The requirement for submitting a report imposed under
subdivision (c) is inoperative on January 1, 2015, pursuant to
Section 10231.5 of the Government Code.
   (2) A report to be submitted pursuant to subdivision (c) shall be
submitted in compliance with Section 9795 of the Government Code.

   SEC. 4.   SEC. 5.   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.