67th Legislature HB 235.1
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2 HOUSE BILL NO. 235
3 INTRODUCED BY T. WELCH
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING SUPPLEMENTAL NUTRITION
6 ASSISTANCE PROGRAM LAWS; CREATING THE NUTRITION INCENTIVES PROGRAM FOR
7 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM PARTICIPANTS TO BUY ELIGIBLE FRUITS AND
8 VEGETABLES; UPDATING TERMINOLOGY TO MATCH FEDERAL ASSISTANCE PROGRAM LANGUAGE;
9 PROVIDING AN APPROPRIATION; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 39-
10 51-403, 39-51-2208, 39-71-118, 40-4-215, 45-6-312, 50-49-103, 53-2-108, 53-2-201, 53-2-211, 53-2-606, 53-2-
11 901, 53-2-902, 53-2-903, 53-3-115, AND 53-4-717, MCA; REPEALING SECTION 53-2-904, MCA; AND
12 PROVIDING AN EFFECTIVE DATE.”
13
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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16 NEW SECTION. Section 1. Short title. [Sections 1 through 5] may be cited as the "Nutrition
17 Incentives Program Act".
18
19 NEW SECTION. Section 2. Purpose. The purpose of [sections 1 through 5] is to develop a nutrition
20 incentives program to double the purchasing power of Montana residents with limited access to fresh fruits and
21 vegetables, support Montana farmers, and invest in Montana's local economies.
22
23 NEW SECTION. Section 3. Definitions. For the purposes of [sections 1 through 5], the following
24 definitions apply:
25 (1) "Department" means the department of agriculture provided for in 2-15-3001.
26 (2) "Eligible fruits and vegetables" means any fresh or frozen, whole or cut fruits and vegetables that
27 do not contain added sugar, fat, oil, or salt.
28 (3) "Eligible grocery store" means a small business whose principal office is located in the state and
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1 that has demonstrated a commitment to procuring state-grown foods, including fruits and vegetables.
2 (4) "Supplemental nutrition assistance program" has the meaning provided in 53-2-902.
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4 NEW SECTION. Section 4. Rulemaking authority. (1) The department shall adopt rules necessary
5 for the administration of [sections 1 through 5].
6 (2) The rules may include but are not limited to:
7 (a) eligibility requirements for the qualified Montana nonprofit organization or agency;
8 (b) eligibility requirements for the participating nonprofits, farmer's markets, producer-to-consumer
9 venues, and eligible grocery stores; and
10 (c) reporting requirements for the program.
11
12 NEW SECTION. Section 5. Nutrition incentives program -- grant -- reporting requirements. (1)
13 The department shall make an annual grant to a qualified state nonprofit or agency from funds appropriated by
14 the legislature for the purposes of this section.
15 (2) To receive the grant, the qualified state nonprofit or agency shall demonstrate that it:
16 (a) has prior experience in building a statewide network of organizations that work to alleviate hunger;
17 (b) has created a plan for designing and implementing a program to distribute funds to participating
18 nonprofits, farmer's markets, producer-to-consumer venues, and eligible grocery stores for the purpose of
19 providing matching dollar incentives to supplemental nutrition assistance program recipients purchasing eligible
20 fruits and vegetables; and
21 (c) has created a plan for implementing processes for fund distribution and reporting.
22 (3) The qualified state nonprofit or agency that receives the grant shall submit a progress report to the
23 department by the end of fiscal year 2022 and a final report at the end of fiscal year 2023 containing information
24 requested by the department, including but not limited to:
25 (a) the impact of the program on increasing the quantity of fruits and vegetables consumed by
26 supplemental nutrition assistance program recipients; and
27 (b) the impact of the program on state farmers and the agricultural economy in the state.
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1 Section 6. Section 39-51-403, MCA, is amended to read:
2 "39-51-403. Money to be requisitioned from unemployment trust fund solely for payment of
3 benefits. (1) Money may be requisitioned from this state's account in the unemployment trust fund solely for the
4 payment of benefits and in accordance with section 904 of the Social Security Act, 42 U.S.C. 1104, and with
5 regulations prescribed by the department. Money withheld by the department from a benefits payment at the
6 request of an individual, in accordance with the department's rules pertaining to deductions and withholding for
7 federal income tax purposes pursuant to 39-51-2207, for repayment of an overissuance of food stamp
8 supplemental nutrition assistance program benefits pursuant to 39-51-2208, or for repayment of child support
9 obligations pursuant to 39-51-3106 must be considered benefits for the purposes of this subsection.
10 (2) The department shall from time to time requisition from the unemployment trust fund amounts, not
11 exceeding the amounts in this state in the fund, that it considers necessary for the payment of benefits for a
12 reasonable future period. Upon receipt of a requisition, the secretary of the treasury of the United States shall
13 deposit the money in the benefit account. Upon receipt of the deposit, the department shall issue warrants for
14 the payment of benefits solely from the benefit account.
15 (3) Expenditures of money in the benefit account and refunds from the clearing account are not
16 subject to any provisions of law requiring specific appropriations or other formal release by state officers of
17 money in their custody.
18 (4) Any balance of money requisitioned from the unemployment trust fund that remains unclaimed or
19 unpaid in the benefit account after the expiration of the period for which the sums were requisitioned must be
20 deducted from estimates for and may be used for the payment of benefits during succeeding periods or, in the
21 discretion of the department, must be redeposited with the secretary of the treasury of the United States to the
22 credit of this state's account in the unemployment trust fund, as provided in 39-51-402."
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24 Section 7. Section 39-51-2208, MCA, is amended to read:
25 "39-51-2208. Deduction and withholding of unemployment benefits to repay overissuance of
26 food stamps supplemental nutrition assistance program benefits -- definitions. (1) For the purposes of
27 this section, the following definitions apply:
28 (a) "State food stamp supplemental nutrition assistance program agency" means any agency of a
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1 state or a political subdivision of a state that is responsible for enforcing the repayment of an obligation for
2 overissuance of food stamp supplemental nutrition assistance program benefits.
3 (b) "Unemployment benefits" means benefits payable under the Montana unemployment insurance
4 law, including amounts payable by the department pursuant to an agreement under any federal law that
5 provides for benefits, assistance, or allowances with respect to unemployment.
6 (2) An individual filing a new claim for unemployment benefits shall disclose at the time of filing the
7 claim whether or not the individual owes for an uncollected overissuance of food stamp supplemental nutrition
8 assistance program benefits as defined in section 13(c)(1) of the Food Stamp Act of 1977, 7 U.S.C. 2022(c)(1).
9 If an individual discloses that the individual has an uncollected obligation for overissuance of food stamp
10 supplemental nutrition assistance program benefits and if the department finds that the individual is eligible for
11 unemployment benefits, the department shall notify the state food stamp supplemental nutrition assistance
12 program agency that the individual is eligible for unemployment benefits.
13 (3) Except as provided in subsection (7), the department shall deduct and withhold from any
14 unemployment benefits payable to an individual who has an obligation for an uncollected overissuance of food
15 stamp supplemental nutrition assistance program benefits:
16 (a) the amount specified by the individual to the department to be deducted and withheld, in which
17 case subsections (3)(b) and (3)(c) are not applicable;
18 (b) the amount, if any, determined by a state food stamp supplemental nutrition assistance program
19 agency for enforcing obligations for overissuance of food stamp supplemental nutrition assistance program
20 benefits, pursuant to an agreement submitted to the department under section 13(c)(3)(A) of the Food Stamp
21 Act of 1977, 7 U.S.C. 2022(c)(3)(A), unless subsection (3)(c) is applicable; or
22 (c) any amount otherwise required to be deducted and withheld from unemployment benefits pursuant
23 to section 13(c)(3)(B) of the Food Stamp Act of 1977, 7 U.S.C. 2022 (c)(3)(B).
24 (4) The department shall pay any amount deducted and withheld under subsection (3) to the
25 appropriate state food stamp supplemental nutrition assistance program agency responsible for enforcing an
26 obligation for overissuance of food stamp supplemental nutrition assistance program benefits.
27 (5) Deductions may be made pursuant to this section only if appropriate arrangements have been
28 made for reimbursement by the state food stamp supplemental nutrition assistance program agency for the
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1 administrative costs incurred by the department under this section.
2 (6) Any amount deducted and withheld under subsection (3) must be treated as if it were paid to the
3 individual as unemployment benefits and then paid by the individual to the state food stamp supplemental
4 nutrition assistance program agency in satisfaction of the individual's uncollected overissuance of food stamp
5 supplemental nutrition assistance program benefits.
6 (7) The department may not deduct or withhold unemployment benefits in a case involving
7 overissuance of food stamps supplemental nutrition assistance program that meets the provisions of 53-2-
8 108(2)."
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10 Section 8. Section 39-71-118, MCA, is amended to read:
11 "39-71-118. Employee, worker, volunteer, volunteer firefighter, and volunteer emergency care
12 provider defined -- election of coverage. (1) As used in this chapter, the term "employee" or "worker" means:
13 (a) each person in this state, including a contractor other than an independent contractor, who is in
14 the service of an employer, as defined by 39-71-117, under any appointment or contract of hire, expressed or
15 implied, oral or written. The terms include aliens and minors, whether lawfully or unlawfully employed, and all of
16 the elected and appointed paid public officers and officers and members of boards of directors of quasi-public
17 or private corporations, except those officers identified in 39-71-401(2), while rendering actual service for the
18 corporations for pay. Casual employees, as defined by 39-71-116, are included as employees if they are not
19 otherwise covered by workers' compensation and if an employer has elected to be bound by the provisions of
20 the compensation law for these casual employments, as provided in 39-71-401(2). Household or domestic
21 employment is excluded.
22 (b) any juvenile who is performing work under authorization of a district court judge in a delinquency
23 prevention or rehabilitation program;
24 (c) a person who is receiving on-the-job vocational rehabilitation training or other on-the-job training
25 under a state or federal vocational training program, whether or not under an appointment or contract of hire
26 with an employer, as defined in 39-71-117, and, except as provided in subsection (9), whether or not receiving
27 payment from a third party. However, this subsection (1)(c) does not apply to students enrolled in vocational
28 training programs, as outlined in this subsection, while they are on the premises of a public school or
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1 community college.
2 (d) an aircrew member or other person who is employed as a volunteer under 67-2-105;
3 (e) a person, other than a juvenile as described in subsection (1)(b), who is performing community
4 service for a nonprofit organization or association or for a federal, state, or local government entity under a
5 court order, or an order from a hearings officer as a result of a probation or parole violation, whether or not
6 under appointment or contract of hire with an employer, as defined in 39-71-117, and whether or not receiving
7 payment from a third party. For a person covered by the definition in this subsection (1)(e):
8 (i) compensation benefits must be limited to medical expenses pursuant to 39-71-704 and an
9 impairment award pursuant to 39-71-703 that is based upon the minimum wage established under Title 39,
10 chapter 3, part 4, for a full-time employee at the time of the injury; and
11 (ii) premiums must be paid by the employer, as defined in 39-71-117(3), and must be based upon the
12 minimum wage established under Title 39, chapter 3, part 4, for the number of hours of community service
13 required under the order from the court or hearings officer.
14 (f) an inmate working in a federally certified prison industries program authorized under 53-30-132;
15 (g) a volunteer firefighter as described in 7-33-4109 or a person who provides ambulance services
16 under Title 7, chapter 34, part 1;
17 (h) a person placed at a public or private entity's worksite pursuant to 53-4-704. The person is
18 considered an employee for workers' compensation purposes only. The department of public health and human
19 services shall provide workers' compensation coverage for recipients of cash assistance, as defined in 53-4-
20 201, or for participants in the food stamp supplemental nutrition assistance program, as defined in 53-2-902,
21 who are placed at public or private worksites through an endorsement to the department of public health and
22 human services' workers' compensation policy naming the public or private worksite entities as named insureds
23 under the policy. The endorsement may cover only the entity's public assistance participants and may be only
24 for the duration of each participant's training while receiving cash assistance or while participating in the food
25 stamp supplemental nutrition assistance program under a written agreement between the department of public
26 health and human services and each public or private entity. The department of public health and human
27 services may not provide workers' compensation coverage for individuals who are covered for workers'
28 compensation purposes by another state or federal employment training program. Premiums and benefits must
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1 be based upon the wage that a probationary employee is paid for work of a similar nature at the assigned
2 worksite.
3 (i) subject to subsection (11), a member of a religious corporation, religious organization, or religious
4 trust while performing services for the religious corporation, religious organization, or religious trust, as
5 described in 39-71-117(1)(d).
6 (2) The terms defined in subsection (1) do not include a person who is:
7 (a) performing voluntary service at a recreational facility and who receives no compensation for those
8 services other than meals, lodging, or the use of the recreational facilities;
9 (b) performing services as a volunteer, except for a person who is otherwise entitled to coverage
10 under the laws of this state. As used in this subsection (2)(b), "volunteer" means a person who performs
11 services on behalf of an employer, as defined in 39-71-117, but who does not receive wages as defined in 39-
12 71-123.
13 (c) serving as a foster parent, licensed as a foste