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ACT No. 622
Regular Session, 2014
HOUSE BILL NO. 464
BY REPRESENTATIVES BROADWATER AND PUGH AND SENATOR NEVERS
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
(4) Federal regulations (7 CFR 273.24) limit the duration of receipt of SNAP20
benefits by nonworking, able-bodied adults without dependents who do not qualify21
for certain exemptions to a total of three months in any three-year period. However,22
states may submit to the federal government applications, commonly known as23 ENROLLEDHB NO. 464
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"waivers", to have this three-month limit waived. If approved, such waivers allow1
able-bodied, nonworking, nonexempt adults to receive SNAP benefits for an2
unlimited duration provided that those persons meet other eligibility standards of the3
program. Nationally, waivers of this type have become the standard in SNAP rather4
than the exception, as forty states and territories, including Louisiana, had a5
statewide or territory-wide waiver in effect and six other states and territories had a6
partial-state or partial-territory waiver in effect as of January 1, 2014.7
(5) When coordinated and delivered in an effective manner, workforce8
training services for public assistance recipients can be of great value to persons who9
desire to become self-sufficient and to businesses that strive for greater10
competitiveness through employing an improved workforce.11
§312. Definitions12
As used in this Subpart, the following terms have the meaning ascribed to13
them in this Section:14
(1) "ABAWD" means an able-bodied adult without a dependent who15
receives SNAP benefits.16
(2) "Department" means the Department of Children and Family Services.17
(3) "FNS" means the Food and Nutrition Service of the United States18
Department of Agriculture, the office of the federal government that administers19
SNAP.20
(4) "Participant" means a recipient of SNAP benefits who participates in the21
pilot initiative provided for in this Subpart.22
(5) "Pilot initiative" means the workforce training and education pilot23
initiative provided for in this Subpart.24
(6) "SNAP" means the Supplemental Nutrition Assistance Program25
administered at the federal level by the Food and Nutrition Service of the United26
States Department of Agriculture and at the state level by the Louisiana Department27
of Children and Family Services.28 ENROLLEDHB NO. 464
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§313. Goals1
The goals of the pilot initiative shall include, without limitation, the2
following:3
(1) To provide incentives that are demonstrably effective in helping SNAP4
beneficiaries achieve financial self-sufficiency.5
(2) To connect employers to job candidates who possess requisite skills such6
that workforce needs, especially in demand occupations, are readily met.7
(3) To provide support to SNAP recipients who choose to further their8
education.9
(4) To yield a model for incentivizing training and education for public10
assistance recipients that can be replicated throughout the state.11
§314. Workforce training and education pilot initiative; creation; functions12
A. A workforce training and education pilot initiative is hereby created13
within SNAP for the purpose of improving employment opportunities for14
nonworking SNAP recipients and enhancing workforce readiness. The department15
shall administer the pilot initiative in accordance with the provisions of this Subpart.16
B. The department shall establish the pilot initiative in a parish with a17
population of more than one hundred thousand and less than one hundred fifty18
thousand according to the latest federal decennial census and in which is located the19
main campus of a public four-year college or university.20
C. Participants to be served by the pilot initiative shall include, exclusively,21
all ABAWDs residing in the parish who are not exempted by any federal or state22
policy, other than through a waiver of such a policy, from the limitation on SNAP23
benefits established pursuant to 7 CFR 273.24.24
D.(1) As a necessary precondition for implementing the pilot initiative, the25
department shall ensure that the limitation on duration of SNAP benefit recipience26
by nonexempt ABAWDs provided in 7 CFR 273.24 is effective in the parish in27
which the pilot initiative is established.28
(2) If nonexempt ABAWDs in the parish in which the pilot initiative is29
established are not subject to any limitation on duration of eligibility for receipt of30 ENROLLEDHB NO. 464
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SNAP benefits as a result of a waiver granted to the state by FNS, then the1
department shall cause such waiver to be rescinded, cancelled, or otherwise rendered2
null and without effect for that parish.3
(3) Nothing in this Subsection shall be construed to require or prohibit the4
continuation or cancellation of any waiver granted to the state by FNS in any parish5
other than the parish in which the pilot initiative is established.6
E. As its essential function, the pilot initiative shall provide to each7
participant, at the time of benefits eligibility redetermination, a six-month extension8
of SNAP benefits conditioned upon submission of sufficient documentation, as9
determined by the department, of one or more of the following:10
(1) The participant meets one or more of the following criteria relative to11
educational advancement:12
(a) In the previous six months, the participant satisfied requirements13
established by the department in rule relative to enrollment in an accredited14
postsecondary educational institution that grants associate or baccalaureate degrees.15
(b) In the previous six months, the participant satisfied requirements16
established by the department in rule relative to enrollment in a program designed17
to lead to a high school diploma.18
(c) In the previous six months, the participant satisfied requirements19
established by the department in rule relative to enrollment in a general education20
development test preparation course.21
(d) The participant earned a high school diploma or a general education22
development certificate.23
(2) The participant meets criteria relative to workforce readiness as required24
by the department in rule. Such criteria may include but shall not be limited to the25
following:26
(a) Participating for a specified minimum number of hours in an approved27
job-training program.28
(b) Applying for a specified minimum number of jobs.29 ENROLLEDHB NO. 464
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§315. Duties of participants1
Each participant in the pilot initiative shall do all of the following:2
(1) At the time of redetermination of eligibility for SNAP benefits, provide3
to the department all requested documentation of participation in a workforce4
training or education program.5
(2) Comply with all other requirements for receipt of SNAP benefits as set6
forth by the department.7
§316. Duties of the department8
A. The department shall submit to FNS applications for any waiver,9
exemption, or other formal authorization and any state plan amendment as may be10
necessary to implement the pilot initiative provided for in this Subpart. Such11
submissions by the department to FNS shall provide for all of the following:12
(1) Reinstatement in the parish in which the pilot initiative is established of13
the limit on receipt of SNAP benefits of three months in a three-yea r period for14
ABAWDs.15
(2) Establishment of benefit extensions in six-month increments for16
participants who meet workforce training or education requirements of the pilot17
initiative.18
(3) Any other functions as may be necessary for the department to establish19
and operate the pilot initiative in a manner which conforms with applicable federal20
and state laws and regulations.21
B. The department shall enter into any cooperative endeavor agreements,22
contracts, and other arrangements with the Louisiana Workforce Commission, other23
government agency, and any community partner as may be necessary to ensure24
adequate availability of workforce training to participants in the parish in which the25
pilot initiative is established.26
C. The department shall institute all departmental policies and procedures27
necessary to ensure that the process for SNAP benefits eligibility redetermination in28
the parish in which the pilot initiative is established meets all of the following29
requirements:30 ENROLLEDHB NO. 464
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(1) Eligibility redetermination for each participant occurs no less frequently1
than once every six months.2
(2) Eligibility redetermination for each participant includes a procedure for3
collecting and verifying documentation from the participant of his engagement in a4
workforce training or education activity as provided in R.S. 46:314.5
D.(1)(a) Prior to commencement of the pilot initiative, the department shall6
transmit notice in writing to all ABAWDs in the parish in which the pilot initiative7
is established indicating that continuation of benefits beyond the three-month limit8
that is to be reinstated will be conditioned upon engagement by participants in9
acceptable workforce training or education activities.10
(b) On separate days prior to commencement of the pilot initiative, the11
department may transmit to ABAWDs in the parish in which the pilot initiative is12
established duplicates of the notice provided for in Subparagraph (a) of this13
Paragraph, and may take any other actions it deems necessary to provide ABAWDs14
with adequate notification of the changes in SNAP benefits eligibility to be instituted15
through the pilot initiative.16
(2) Within two weeks of commencement of the pilot initiative, the17
department shall transmit to each participant a form that provides a clear description18
of requirements for continuation of benefits eligibility to be instituted through the19
pilot initiative, and a space in which the participant may affirmatively acknowledge20
that he understands these requirements.21
(3) During the operation of the pilot initiative, the department shall promptly22
notify each participant of any decision concerning his eligibility for SNAP benefits23
made pursuant to the redetermination process provided for in Subsection C of this24
Section.25
E. The secretary of the department shall promulgate all rules and regulations26
in accordance with the Administrative Procedure Act as may be necessary to27
implement the provisions of this Subpart.28 ENROLLEDHB NO. 464
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§317. Notification to legislative committees; reporting1
A. After receiving federal approval as provided in R.S. 46:318 and before2
commencement of the pilot initiative, the department shall transmit to the members3
of the House Committee on Health and Welfare and to the members of the Senate4
Committee on Health and Welfare a written notice that addresses the purpose and5
function of the pilot initiative and indicates the commencement date of the initiative.6
The department may transmit the notice required by this Subsection via electronic7
mail.8
B. No later than twelve months after commencement of the pilot initiative,9
and at least annually thereafter, the department shall submit a written report10
providing a summary and evaluation of outcomes of the pilot initiative to the House11
Committee on Health and Welfare and the Senate Committee on Health and Welfare.12
The department may include the report with its submission of any other report13
pertaining to SNAP, including without limitation any report required by Subpart E-214
of this Part.15
§318. Effectiveness contingent upon federal approval; termination16
A. Implementation of the pilot initiative shall be contingent upon approval17
by FNS.18
B.(1) Subject to legislative oversight as provided in the Administrative19
Procedure Act, R.S. 49:950 et seq., the department may terminate the pilot initiative20
by emergency rule if the secretary of the department determines that workforce21
participation outcomes or educational attainment have not improved to a satisfactory22
degree as a result of the initiative.23
(2) The secretary of the department is hereby authorized and directed to24
collaborate with the executive director of the Louisiana Workforce Commission in25
workforce participation outcomes evaluation prior to issuing any emergency rule to26
terminate the pilot initiative.27
Section 2.(A) The Louisiana State Law Institute is hereby directed to redesignate28
Subpart E of Part II of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950,29
comprised of R.S. 46:291.1, as Subpart E-1 of Part II of Chapter 3 of Title 46 of the30 ENROLLEDHB NO. 464
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Louisiana Revised Statutes of 1950, comprised of R.S. 46:291.1, and is further directed to1
retain the heading of such Subpart as "SNAP Fraud and Abuse Detection and Prevention".2
(B) The Louisiana State Law Institute is hereby directed to redesignate Subpart A-13
of Part II of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950, comprised of4
R.S. 46:236.1, as Subpart E-2 of Part II of Chapter 3 of Title 46 of the Louisiana Revised5
Statutes of 1950, comprised of R.S. 46:301, and is further directed to change the heading of6
such Subpart to "SNAP Nutrition Education".7
(C) The Louisiana State Law Institute is hereby directed to designate R.S. 46:3118
through 318, as enacted by this Act, as Subpart E-3 of Part II of Chapter 3 of Title 46 of the9
Louisiana Revised Statutes of 1950, and is further directed to apply to such Subpart the10
heading "SNAP Workforce Training and Education Pilot Initiative".11
Section 3. The secretary of the Department of Children and Family Services is12
hereby authorized and directed to submit to the Food and Nutrition Service of the United13
States Department of Agriculture on or before January 1, 2015, applications for any waiver,14
exemption, or other formal authorization and any state plan amendment as may be necessary15
to implement the provisions of this Act.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: