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Regular Session, 2014
HOUSE BILL NO. 464
BY REPRESENTATIVES BROADWATER AND PUGH
SNAP/FOOD STAMPS: Establishes a pilot initiative for training and education to serve
certain recipients of Supplemental Nutrition Assistance Program benefits
AN ACT1
To enact R.S. 46:311 through 318, relative to the Supplemental Nutrition Assistance2
Program; to create and provide for a pilot initiative for training and education to3
serve certain nutrition assistance recipients; to provide for duties of participants in4
the pilot initiative and of the Department of Children and Family Services; to provide5
for redesignation of laws; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 46:311 through 318 are hereby enacted to read as follows:8
§311. Findings9
The legislature hereby finds and declares the following:10
(1) It is the policy of the state to encourage self-sufficiency so that11
Louisianians may reduce dependence on public benefits to meet basic needs and12
become economically self-reliant.13
(2) The Supplemental Nutrition Assistance Program, formerly known as14
"food stamps" and referred to hereafter as "SNAP", provides crucial support to needy15
households and to persons making the transition from welfare to work.16
(3) Pursuant to the federal Food Security Act of 1985, states are required to17
provide employment and job training services to SNAP recipients who are not18
exempt from the mandatory work registration requirements of the program.19 HLS 14RS-460 REENGROSSED
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(4) Federal regulations (7 CFR 273.24) limit the duration of receipt of SNAP1
benefits by nonworking, able-bodied adults without dependents who do not qualify2
for certain exemptions to a total of three months in any three-year period. However,3
states may submit to the federal government applications, commonly known as4
"waivers", to have this three-month limit waived. If approved, such waivers allow5
able-bodied, nonworking, nonexempt adults to receive SNAP benefits for an6
unlimited duration provided that those persons meet other eligibility standards of the7
program. Nationally, waivers of this type have become the standard in SNAP rather8
than the exception, as forty states and territories, including Louisiana, had a9
statewide or territory-wide waiver in effect and six other states and territories had a10
partial-state or partial-territory waiver in effect as of January 1, 2014.11
(5) When coordinated and delivered in an effective manner, workforce12
training services for public assistance recipients can be of great value to persons who13
desire to become self-sufficient and to businesses that strive for greater14
competitiveness through employing an improved workforce.15
§312. Definitions16
As used in this Subpart, the following terms have the meaning ascribed to17
them in this Section:18
(1) "ABAWD" means an able-bodied adult without a dependent who19
receives SNAP benefits.20
(2) "Department" means the Department of Children and Family Services.21
(3) "FNS" means the Food and Nutrition Service of the United States22
Department of Agriculture, the office of the federal government that administers23
SNAP.24
(4) "Participant" means a recipient of SNAP benefits who participates in the25
pilot initiative provided for in this Subpart.26
(5) "Pilot initiative" means the workforce training and education pilot27
initiative provided for in this Subpart.28 HLS 14RS-460 REENGROSSED
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(6) "SNAP" means the Supplemental Nutrition Assistance Program1
administered at the federal level by the Food and Nutrition Service of the United2
States Department of Agriculture and at the state level by the Louisiana Department3
of Children and Family Services.4
§313. Goals5
The goals of the pilot initiative shall include, without limitation, the6
following:7
(1) To provide incentives that are demonstrably effective in helping SNAP8
beneficiaries achieve financial self-sufficiency.9
(2) To connect employers to job candidates who possess requisite skills such10
that workforce needs, especially in demand occupations, are readily met.11
(3) To provide support to SNAP recipients who choose to further their12
education.13
(4) To yield a model for incentivizing training and education for public14
assistance recipients that can be replicated throughout the state.15
§314. Workforce training and education pilot initiative; creation; functions16
A. A workforce training and education pilot initiative is hereby created17
within SNAP for the purpose of improving employment opportunities for18
nonworking SNAP recipients and enhancing workforce readiness. The department19
shall administer the pilot initiative in accordance with the provisions of this Subpart.20
B. The department shall establish the pilot initiative in a parish with a21
population of more than one hundred thousand and less than one hundred fifty22
thousand according to the latest federal decennial census and in which is located the23
main campus of a public four-year college or university.24
C. Participants to be served by the pilot initiative shall include, exclusively,25
all ABAWDs residing in the parish who are not exempted by any federal or state26
policy, other than through a waiver of such a policy, from the limitation on SNAP27
benefits established pursuant to 7 CFR 273.24.28 HLS 14RS-460 REENGROSSED
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D.(1) As a necessary precondition for implementing the pilot initiative, the1
department shall ensure that the limitation on duration of SNAP benefit recipience2
by nonexempt ABAWDs provided in 7 CFR 273.24 is effective in the parish in3
which the pilot initiative is established.4
(2) If nonexempt ABAWDs in the parish in which the pilot initiative is5
established are not subject to any limitation on duration of eligibility for receipt of6
SNAP benefits as a result of a waiver granted to the state by FNS, then the7
department shall cause such waiver to be rescinded, cancelled, or otherwise rendered8
null and without effect for that parish.9
(3) Nothing in this Subsection shall be construed to require or prohibit the10
continuation or cancellation of any waiver granted to the state by FNS in any parish11
other than the parish in which the pilot initiative is established.12
E. As its essential function, the pilot initiative shall provide to each13
participant, at the time of benefits eligibility redetermination, a six-month extension14
of SNAP benefits conditioned upon submission of sufficient documentation, as15
determined by the department, of one or more of the following:16
(1) The participant meets one or more of the following criteria relative to17
educational advancement:18
(a) In the previous six months, the participant satisfied requirements19
established by the department in rule relative to enrollment in an accredited20
postsecondary educational institution that grants associate or baccalaureate degrees.21
(b) In the previous six months, the participant satisfied requirements22
established by the department in rule relative to enrollment in a program designed23
to lead to a high school diploma.24
(c) In the previous six months, the participant satisfied requirements25
established by the department in rule relative to enrollment in a general education26
development test preparation course.27
(d) The participant earned a high school diploma or a general education28
development certificate.29 HLS 14RS-460 REENGROSSED
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(2) The participant meets criteria relative to workforce readiness as required1
by the department in rule. Such criteria may include but shall not be limited to the2
following:3
(a) Participating for a specified minimum number of hours in an approved4
job-training program.5
(b) Applying for a specified minimum number of jobs.6
§315. Duties of participants7
Each participant in the pilot initiative shall do all of the following:8
(1) At the time of redetermination of eligibility for SNAP benefits, provide9
to the department all requested documentation of participation in a workforce10
training or education program.11
(2) Comply with all other requirements for receipt of SNAP benefits as set12
forth by the department.13
§316. Duties of the department14
A. The department shall submit to FNS applications for any waiver,15
exemption, or other formal authorization and any state plan amendment as may be16
necessary to implement the pilot initiative provided for in this Subpart. Such17
submissions by the department to FNS shall provide for all of the following:18
(1) Reinstatement in the parish in which the pilot initiative is established of19
the limit on receipt of SNAP benefits of three months in a three-year period for20
ABAWDs.21
(2) Establishment of benefit extensions in six-month increments for22
participants who meet workforce training or education requirements of the pilot23
initiative.24
(3) Any other functions as may be necessary for the department to establish25
and operate the pilot initiative in a manner which conforms with applicable federal26
and state laws and regulations.27
B. The department shall enter into any cooperative endeavor agreements,28
contracts, and other arrangements with the Louisiana Workforce Commission, other29 HLS 14RS-460 REENGROSSED
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government agency, and any community partner as may be necessary to ensure1
adequate availability of workforce training to participants in the parish in which the2
pilot initiative is established.3
C. The department shall institute all departmental policies and procedures4
necessary to ensure that the process for SNAP benefits eligibility redetermination in5
the parish in which the pilot initiative is established meets all of the following6
requirements:7
(1) Eligibility redetermination for each participant occurs no less frequently8
than once every six months.9
(2) Eligibility redetermination for each participant includes a procedure for10
collecting and verifying documentation from the participant of his engagement in a11
workforce training or education activity as provided in R.S. 46:314.12
D.(1)(a) Prior to commencement of the pilot initiative, the department shall13
transmit notice in writing to all ABAWDs in the parish in which the pilot initiative14
is established indicating that continuation of benefits beyond the three-month limit15
that is to be reinstated will be conditioned upon engagement by participants in16
acceptable workforce training or education activities.17
(b) On separate days prior to commencement of the pilot initiative, the18
department may transmit to ABAWDs in the parish in which the pilot initiative is19
established duplicates of the notice provided for in Subparagraph (a) of this20
Paragraph, and may take any other actions it deems necessary to provide ABAWDs21
with adequate notification of the changes in SNAP benefits eligibility to be instituted22
through the pilot initiative.23
(2) Within two weeks of commencement of the pilot initiative, the24
department shall transmit to each participant a form that provides a clear description25
of requirements for continuation of benefits eligibility to be instituted through the26
pilot initiative, and a space in which the participant may affirmatively acknowledge27
that he understands these requirements.28 HLS 14RS-460 REENGROSSED
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(3) During the operation of the pilot initiative, the department shall promptly1
notify each participant of any decision concerning his eligibility for SNAP benefits2
made pursuant to the redetermination process provided for in Subsection C of this3
Section.4
E. The secretary of the department shall promulgate all rules and regulations5
in accordance with the Administrative Procedure Act as may be necessary to6
implement the provisions of this Subpart.7
§317. Notification to legislative committees; reporting8
A. After receiving federal approval as provided in R.S. 46:318 and before9
commencement of the pilot initiative, the department shall transmit to the members10
of the House Committee on Health and Welfare and to the members of the Senate11
Committee on Health and Welfare a written notice that addresses the purpose and12
function of the pilot initiative and indicates the commencement date of the initiative.13
The department may transmit the notice required by this Subsection via electronic14
mail.15
B. No later than twelve months after commencement of the pilot initiative,16
and at least annually thereafter, the department shall submit a written report17
providing a summary and evaluation of outcomes of the pilot initiative to the House18
Committee on Health and Welfare and the Senate Committee on Health and Welfare.19
The department may include the report with its submission of any other report20
pertaining to SNAP, including without limitation any report required by Subpart E-221
of this Part.22
§318. Effectiveness contingent upon federal approval; termination23
A. Implementation of the pilot initiative shall be contingent upon approval24
by FNS.25
B.(1) Subject to legislative oversight as provided in the Administrative26
Procedure Act, R.S. 49:950 et seq., the department may terminate the pilot initiative27
by emergency rule if the secretary of the department determines that workforce28 HLS 14RS-460 REENGROSSED
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participation outcomes or educational attainment have not improved to a satisfactory1
degree as a result of the initiative.2
(2) The secretary of the department is hereby authorized and directed to3
collaborate with the executive director of the Louisiana Workforce Commission in4
workforce participation outcomes evaluation prior to issuing any emergency rule to5
terminate the pilot initiative.6
Section 2.(A) The Louisiana State Law Institute is hereby directed to redesignate7
Subpart E of Part II of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 46:291.1, as Subpart E-1 of Part II of Chapter 3 of Title 46 of the9
Louisiana Revised Statutes of 1950, comprised of R.S. 46:291.1, and is further directed to10
retain the heading of such Subpart as "SNAP Fraud and Abuse Detection and Prevention".11
(B) The Louisiana State Law Institute is hereby directed to redesignate Subpart A-112
of Part II of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950, comprised of13
R.S. 46:236.1, as Subpart E-2 of Part II of Chapter 3 of Title 46 of the Louisiana Revised14
Statutes of 1950, comprised of R.S. 46:301, and is further directed to change the heading of15
such Subpart to "SNAP Nutrition Education".16
(C) The Louisiana State Law Institute is hereby directed to designate R.S. 46:31117
through 318, as enacted by this Act, as Subpart E-3 of Part II of Chapter 3 of Title 46 of the18
Louisiana Revised Statutes of 1950, and is further directed to apply to such Subpart the19
heading "SNAP Workforce Training and Education Pilot Initiative".20
Section 3. The secretary of the Department of Children and Family Services is21
hereby authorized and directed to submit to the Food and Nutrition Service of the United22
States Department of Agriculture on or before January 1, 2015, applications for any waiver,23
exemption, or other formal authorization and any state plan amendment as may be necessary24
to implement the provisions of this Act.25 HLS 14RS-460 REENGROSSED
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Broadwater HB No. 464
Abstract: Establishes a parish-level pilot initiative for workforce training and education to
serve certain recipients of Supplemental Nutrition Assistance Program (SNAP)
benefits; provides for location and functions of the pilot initiative.
Proposed law creates and provides for a workforce training and education pilot initiative
within the Supplemental Nutrition Assistance Program (SNAP, formerly known as food
stamps) administered by the Dept. of Children and Family Services (DCFS). Provides that
the pilot initiative shall be located in a parish with a population of between 100,000 and
150,000 and in which is located the main campus of a public four-year college or university.
Proposed law provides that the goals of the pilot initiative are:
(1)To provide incentives that are demonstrably effective in helping SNAP beneficiaries
achieve financial self-sufficiency.
(2)To connect employers to job candidates who possess requisite skills such that
workforce needs, especially in demand occupations, are readily met.
(3)To provide supports to SNAP recipients who choose to further their education.
(4)To yield a model for incentivizing training and education for public assistance
recipients that can be replicated throughout the state.
Proposed law provides that participants in the pilot initiative shall include nonworking, able-
bodied adults without dependents (ABAWDs), as defined in federal regulation, who reside
in the parish in which the initiative is established and who are not exempted by any federal
or state policy from the limitation on duration of SNAP benefit recipience established
pursuant to 7 CFR 273.24.
As a precondition for implementing the pilot initiative, proposed law requires DCFS to
ensure that the limitation on duration of SNAP benefit recipience by nonexempt ABAWDs
provided in 7 CFR 273.24 (three months in any three-year period) is in effect in the parish
in which the initiative is established, and not lifted through any statewide or parish-level
waiver.
Proposed law provides that the essential function of the pilot initiative is to provide to each
participant, at the time of benefits eligibility redetermination, a six-month extension of
SNAP benefits conditioned upon the following:
(1)The participant meets one or more of the following criteria relative to educational
advancement:
(a)In the previous six months, the participant satisfied requirements established
by DCFS in rule relative to enrollment in an accredited postsecondary
educational institution that grants associate or baccalaureate degrees.
(b)In the previous six months, the participant satisfied requirements established
by DCFS in rule relative to enrollment in a program designed to lead to a
high school diploma. HLS 14RS-460 REENGROSSED
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(c)In the previous six months, the participant satisfied requirements established
by DCFS in rule relative to enrollment in a general education development
test preparation course.
(d)The participant earned a high school diploma or a general education
development diploma.
(2)The participant meets criteria relative to workforce readiness as required by DCFS
in rule including but not limited to the following:
(a)Participating for a specified minimum number of hours in an approved job
training program.
(b)Applying for a specified minimum number of jobs.
Proposed law requires DCFS to conduct SNAP eligibility redetermination for participants
in the pilot initiative no less frequently than once every six months.
Proposed law requires participants in the pilot initiative to provide to DCFS all requested
documentation of participation in a workforce training or education program at the time of
SNAP eligibility redetermination, and to comply with all other SNAP eligibility
requirements as set forth by DCFS.
Proposed law requires that prior to commencement of the pilot initiative, DCFS shall
transmit notice in writing to each prospective participant indicating that continuation of
benefits beyond the three-month limit will be conditioned upon engagement by the
participant in acceptable workforce training or education activities. Authorizes DCFS to
take any other actions it deems necessary to provide ABAWDs with adequate notification
of the changes in SNAP benefits eligibility to be instituted through the pilot initiative.
Further, requires DCFS to do all of the following relative to participant notification:
(1)Within two weeks of commencement of the pilot initiative, transmit to each
prospective participant a form that provides a clear description of requirements for
continuation of benefits eligibility, and a space in which the participant may
affirmatively acknowledge that he understands these requirements.
(2)During the operation of the pilot initiative, promptly notify each participant of any
decision concerning his eligibility for SNAP benefits made pursuant to the
redetermination process provided for in proposed law.
Proposed law requires DCFS to promulgate all rules and regulations in accordance with the
APA as may be necessary to implement the provisions of proposed law.
Proposed law requires DCFS, prior to commencement of the pilot initiative, to transmit to
the members of the legislative committees on health and welfare a notice addressing the
purpose and function of the initiative and its commencement date. Provides that such notice
may be transmitted via electronic mail.
Proposed law requires that no later than 12 months after commencement of the pilot
initiative, and at least annually thereafter, DCFS shall submit a report on outcomes of the
pilot initiative to the legislative committees on health and welfare.
Proposed law provides that implementation of the pilot initiative is contingent upon federal
approval. HLS 14RS-460 REENGROSSED
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Proposed law provides that DCFS may terminate the pilot initiative by emergency rule if it
determines that workforce participation outcomes or educational attainment have not
improved to a satisfactory degree as a result of the initiative. Authorizes and directs the
DCFS secretary to collaborate with the executive director of the La. Workforce Commission
in workforce participation outcomes evaluation prior to issuing any emergency rule to
terminate the pilot initiative.
Proposed law authorizes and directs DCFS to submit to the federal agency that administers
SNAP on or before Jan. 1, 2015, applications for any waiver, exemption, or other formal
authorization and any state plan amendment as may be necessary to implement the
provisions of proposed law.
(Adds R.S. 46:311-318)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Within the SNAP pilot initiative created by proposed law, changed the schedule
of eligibility redetermination and corresponding period of benefits extension
from three months to six months.
House Floor Amendments to the engrossed bill.
1. Modified criteria concerning enrollment in postsecondary education institutions,
participation in high school diploma programs, and undertaking GED preparation
courses to stipulate that criteria relative to these endeavors shall be established
by DCFS in rule.
2. Added provision requiring DCFS, prior to commencement of the pilot initiative,
to transmit to the members of the legislative committees on health and welfare
a notice addressing the purpose and function of the initiative and its
commencement date.
3. Made technical changes.