H747: No Work Requirement Exemption/FNS Benefits. Latest Version

Session: 2023 - 2024

Passed 1st Reading
Passed 3rd Reading
Passed 1st Reading

AN ACT to prohibit work requirement exemptions for food and nutrition services benefits.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 108A‑51.1 reads as rewritten:

§ 108A‑51.1.  Prohibition on certain waivers.waivers and other work requirement provisions.

(a)        Except for waivers for the Disaster Supplemental Nutrition Assistance Program sought for an area that has received a Presidential disaster declaration of Individual Assistance from the Federal Emergency Management Agency, the Department shall not seek waivers under 7 U.S.C. § 2015(o) to time limits established by federal law for food and nutrition benefits for able‑bodied adults without dependents required to fulfill work requirements to qualify for those benefits.

(b)        The Department may not exercise the State's option to provide any exemptions from the work requirement under 7 U.S.C. § 2015(o)(6)(E).

(c)        Under the authority given to the State to operate the general work requirement in the food and nutrition services program pursuant to 7 U.S.C. § 2015(d), the Department shall assign all individuals who are over the age of 16 and under the age of 60 to an employment and training program as defined in 7 U.S.C. § 2015(d)(4) unless the individual meets one of the following:

(1)        Is currently subject to and complying with a work registration requirement under Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., as amended in 42 U.S.C. § 602, or the federal‑State unemployment compensation system, in which case failure by the individual to comply with any work requirement the individual is subject to shall be the same as failure to comply with the general work requirement.

(2)        Is a parent or other member of a household with responsibility for the care of a dependent child under age 6 or of an incapacitated person.

(3)        Is a bona fide student enrolled at least half time in any recognized school, training program, or institution of higher education unless the student is enrolled in an institution of higher education and is ineligible to participate under 7 U.S.C. § 2015(d).

(4)        Is a regular participant in a drug addiction or alcoholic treatment and rehabilitation program.

(5)        Is employed a minimum of 30 hours per week or receiving weekly earnings that equal the minimum hourly rate under the Fair Labor Standards Act of 1938, as amended under 29 U.S.C. § 206(a)(1), multiplied by 30 hours.

(6)        Is an individual between the ages of 16 and 18 who is not (i) head of a household or (ii) attending school or enrolled in an employment training program on at least a half‑time basis.

(d)       Nothing in this section shall apply to mandatory exemptions to work requirements in the food and nutrition services program required pursuant to 7 C.F.R. § 273.7(b)(1) or other federal law or regulation.

SECTION 2.  This act is effective when it becomes law.