Bill Text: CA SB43 | 2011-2012 | Regular Session | Amended

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

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Bill Title: CalFresh Employment and Training program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-06 - Chaptered by Secretary of State. Chapter 507, Statutes of 2011. [SB43 Detail]

Download: California-2011-SB43-Amended.html

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BILL NUMBER: SB 43	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2011
	AMENDED IN ASSEMBLY  AUGUST 26, 2011
	AMENDED IN SENATE  APRIL 25, 2011

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 amended, Liu. CalFresh Employment and Training program.
   Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as CalFresh
(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, which the bill would designate as the CalFresh
Employment and Training program (CalFresh E&T), to screen CalFresh
work registrants to determine whether they will participate in, or be
deferred from, the CalFresh E&T program, and would describe the
criteria for deferral. The bill would authorize a CalFresh work
registrant who is deferred from mandatory participation in the
CalFresh E&T program to request to enroll in the program as a
voluntary participant.
   This bill would require a county that elects to participate in the
CalFresh E&T program to demonstrate in its CalFresh E&T plan how it
is effectively using CalFresh E&T funds, as  specified, but
would not   specified. The bill would further require
that none of its provisions  be construed to require a county to
offer a particular component as part of its CalFresh E&T plan. The
bill would provide that a CalFresh E&T participant is not an employee
for the purposes of workers' compensation and would provide that it
would not require a county to provide workers' compensation coverage
for a CalFresh E&T participant. 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 CalFresh Employment and Training (CalFresh E&T) 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, "CalFresh
Employment and Training program" or "CalFresh E&T" means the program
established under Section 6(d)(4)(B) of the federal Food 
Stamp Act   and Nutrition Act of 2008  (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   CalFresh 
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 CalFresh
Employment and Training (CalFresh E&T) program, as authorized by the
federal Food  Stamp Act   and Nutrition Act of
2008  (7 U.S.C. Sec.  2029),   2015), 
shall screen CalFresh work registrants to determine whether they
will participate in, or be deferred from, the CalFresh E&T program.
If deferred, a CalFresh work registrant may request to enroll in the
CalFresh E&T program as a voluntary participant. An individual shall
be deferred from a mandatory placement in the CalFresh E&T 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 CalFresh E&T
program shall be required to demonstrate in its CalFresh E&T plan how
it is effectively using CalFresh E&T 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 CalFresh E&T plan.
   (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 CalFresh E&T funds or match funds.
   (e) Nothing in this section shall restrict the use of federal
funds for the financing of CalFresh E&T programs.
   (f) Nothing in this section shall be construed to require a county
to provide for workers' compensation coverage for a CalFresh E&T
participant. Notwithstanding Division 4 (commencing with Section
3200) of the Labor Code, a CalFresh E&T participant shall not be an
employee for the purposes of workers' compensation coverage and a
county shall have no duty to provide workers' compensation coverage
for a CalFresh E&T participant.
   (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.