As Introduced
136th General Assembly
Regular Session H. B. No. 163
2025-2026
Representatives Rader, Deeter
Cosponsors: Representatives Fischer, Williams, Lett, Glassburn, McNally,
Brennan, Synenberg, White, E., Sigrist, Somani, Brewer, Russo, Miller, J.,
Thomas, D., Robinson, Grim, Brent, Troy, Cockley, Piccolantonio, Miller, K.,
Thomas, C., Denson, Upchurch, Abdullahi
To amend sections 5101.54 and 5101.542 and to enact
section 5101.543 of the Revised Code to require
Ohio's SNAP program to begin using chip-enabled
EBT cards, to name this act the Enhanced
Cybersecurity for SNAP Act of 2025, and to make
an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5101.54 and 5101.542 be amended
and section 5101.543 of the Revised Code be enacted to read as
follows:
Sec. 5101.54. (A) The director of job and family services
shall administer the supplemental nutrition assistance program
in accordance with the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.). The department of job and family services may:
(1) Prepare and submit to the secretary of the United
States department of agriculture a plan for the administration
of the supplemental nutrition assistance program;
(2) Prescribe forms for applications, certificates,
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reports, records, and accounts of county departments of job and
family services, and other matters;
(3) Require such reports and information from each county
department of job and family services as may be necessary and
advisable;
(4) Administer and expend any sums appropriated by the
general assembly for the purposes of the supplemental nutrition
assistance program and all sums paid to the state by the United
States as authorized by the Food and Nutrition Act of 2008;
(5) Conduct such investigations as are necessary;
(6) Enter into interagency agreements and cooperate with
investigations conducted by the department of public safety,
including providing information for investigative purposes,
exchanging property and records, passing through federal
financial participation, modifying any agreements with the
United States department of agriculture, providing for the
supply, security, and accounting of supplemental nutrition
assistance program benefits for investigative purposes, and
meeting any other requirements necessary for the detection and
deterrence of illegal activities in the supplemental nutrition
assistance program;
(7) Adopt rules in accordance with Chapter 119. of the
Revised Code governing employment and training requirements of
recipients of supplemental nutrition assistance program
benefits, including rules specifying which recipients are
subject to the requirements and establishing sanctions for
failure to satisfy the requirements. The rules shall be
consistent with 7 U.S.C. 2015, including its work and employment
and training requirements, and, to the extent practicable, shall
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provide for the recipients to participate in work activities,
developmental activities, and alternative work activities
described in sections 5107.40 to 5107.69 of the Revised Code
that are comparable to programs authorized by 7 U.S.C. 2015(d)
(4). The rules may reference rules adopted under section 5107.05
of the Revised Code governing work activities, developmental
activities, and alternative work activities described in
sections 5107.40 to 5107.69 of the Revised Code.
(8) Adopt rules in accordance with section 111.15 of the
Revised Code that are consistent with the Food and Nutrition Act
of 2008, the regulations adopted thereunder, and this section
governing the following:
(a) Eligibility requirements for the supplemental
nutrition assistance program;
(b) Sanctions for failure to comply with eligibility
requirements;
(c) Allotment of supplemental nutrition assistance program
benefits;
(d) To the extent permitted under federal statutes and
regulations, a system under which some or all recipients of
supplemental nutrition assistance program benefits subject to
employment and training requirements established by rules
adopted under division (A)(7) of this section receive the
benefits after satisfying the requirements;
(e) Administration of the program by county departments of
job and family services;
(f) Other requirements necessary for the efficient
administration of the program.
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(9) Submit a plan to the United States secretary of
agriculture for the department of job and family services to
operate a simplified supplemental nutrition assistance program
pursuant to 7 U.S.C. 2035 under which requirements governing the
Ohio works first program established under Chapter 5107. of the
Revised Code also govern the supplemental nutrition assistance
program in the case of households receiving supplemental
nutrition assistance program benefits and participating in Ohio
works first.
(10) Collect information on suspicious electronic benefit
transfer card transactions and provide the information to each
impacted county department for analysis and investigation. Such
information shall include transactions of even dollar amounts,
full monthly benefit amounts, multiple same-day transactions,
out-of-state transactions, and any other suspicious trends .
(11) Not later than one year after the effective date of
this amendment, adopt rules in accordance with Chapter 119. of
the Revised Code concerning cybersecurity and digital service
related to electronic benefit transfer cards and mobile payments
under the supplemental nutrition assistance program. At a
minimum, rules adopted under division (A)(11) of this section
shall ensure that cybersecurity measures for electronic benefit
transfer cards and mobile payments meet security safeguards that
are used in the private sector and required by federal agencies
for credit, debit, and other payment cards and mobile payments.
The director shall review rules adopted pursuant to division (A)
(11) of this section every five years and update them as
necessary.
(B) A household that is entitled to receive supplemental
nutrition assistance program benefits and that is determined to
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be in immediate need of nutrition assistance shall receive
certification of eligibility for program benefits, pending
verification, within twenty-four hours, or, if mitigating
circumstances occur, within seventy-two hours, after
application, if:
(1) The results of the application interview indicate that
the household will be eligible upon full verification;
(2) Information sufficient to confirm the statements in
the application has been obtained from at least one additional
source, not a member of the applicant's household. Such
information shall be recorded in the case file and shall
include:
(a) The name of the person who provided the name of the
information source;
(b) The name and address of the information source;
(c) A summary of the information obtained.
The period of temporary eligibility shall not exceed one
month from the date of certification of temporary eligibility.
If eligibility is established by full verification, benefits
shall continue without interruption as long as eligibility
continues.
There is no limit on the number of times a household may
receive expedited certification of eligibility under this
division as long as before each expedited certification all of
the information identified in division (F)(1) of this section
was verified for the household at the last expedited
certification or the household's eligibility was certified under
normal processing standards since the last expedited
certification.
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At the time of application, the county department of job
and family services shall provide to a household described in
this division a list of community assistance programs that
provide emergency food.
(C) Before certifying supplemental nutrition assistance
program benefits, the department shall verify the eligibility of
each household in accordance with division (F) of this section.
All applications shall be approved or denied through full
verification within thirty days from receipt of the application
by the county department of job and family services.
(D) Nothing in this section shall be construed to prohibit
the certification of households that qualify under federal
regulations to receive supplemental nutrition assistance program
benefits without charge under the Food and Nutrition Act of
2008.
(E) Any person who applies for the supplemental nutrition
assistance program shall receive a voter registration
application under section 3503.10 of the Revised Code.
(F)(1) In order to verify household eligibility as
required by federal regulations and this section, the department
shall, except as provided in division (F)(2) of this section,
verify at least the following information before certifying
supplemental nutrition assistance program benefits:
(a) Household composition;
(b) Identity;
(c) Citizenship and alien eligibility status;
(d) Social security numbers;
(e) State residency status;
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(f) Disability status;
(g) Gross nonexempt income;
(h) Utility expenses;
(i) Medical expenses;
(j) Enrollment status in other state-administered public
assistance programs within and outside this state;
(k) Any available information related to potential
identity fraud or identity theft.
(2) A household's eligibility for supplemental nutrition
assistance program benefits may be certified before all of the
information identified in division (F)(1) of this section is
verified if the household's certification is being expedited
under division (B) of this section.
(3) On at least a quarterly basis and consistent with
federal regulations, as information is received by a county
department of job and family services, the county department
shall review and act on information identified in division (F)
(1) of this section that indicates a change in circumstances
that may affect eligibility, to the extent such information is
available to the department.
(4) Consistent with federal regulations, as part of the
application for public assistance and before certifying benefits
under the supplemental nutrition assistance program, the
department shall require an applicant, or a person acting on the
applicant's behalf, to verify the identity of the members of the
applicant household.
(5)(a) The department shall sign a memorandum of
understanding with any department, agency, or division as needed
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to obtain the information identified in division (F)(1) of this
section.
(b) The department may contract with one or more
independent vendors to provide the information identified in
division (F)(1) of this section.
(c) Nothing in this section prevents the department or a
county department of job and family services from receiving or
reviewing additional information related to eligibility not
identified in this section or from contracting with one or more
independent vendors to provide additional information not
identified in this section.
(6) The department shall explore joining a multistate
cooperative, such as the national accuracy clearinghouse, to
identify individuals enrolled in public assistance programs
outside of this state.
(G) The department shall use the same criteria to verify
gross nonexempt income from self-employment pursuant to division
(F)(1) of this section as were used during initial certification
when:
(1) Reviewing information pursuant to division (F)(3) of
this section regarding households with income from self-
employment;
(2) Recertifying households with income from self-
employment.
(H) If the department receives information concerning a
household certified to receive supplemental nutrition assistance
program benefits that indicates a change in circumstances that
may affect eligibility, the department shall take action in
accordance with federal regulations, including verifying unclear
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information, providing prior written notice of a change or
adverse action, and notifying the household of the right to a
fair hearing.
(I) In the case of suspected fraud, the department shall
refer the case for an administrative disqualification hearing or
to the county prosecutor of the county in which the applicant or
recipient resides for investigation, or both.
(J) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement divisions (F) to
(I) of this section.
(K) Except as prohibited by federal law, the department
may assign any of the duties described in this section to any
county department of job and family services.
Sec. 5101.542. (A) Immediately following a county
department of job and family services' certification that a
household determined under division (B) of section 5101.54 of
the Revised Code to be in immediate need of nutrition assistance
is eligible for the supplemental nutrition assistance program,
the department of job and family services shall provide for the
household to be sent by regular United States mail an electronic
benefit transfer card containing the amount of benefits the
household is eligible to receive under the program. The card
shall be sent to the member of the household in whose name
application for the supplemental nutrition assistance program
was made or that member's authorized representative.
(B) Except as provided in division (C) of this section,
the department shall replace any electronic benefit transfer
card that is reported by a household to be lost, stolen, or
damaged, within two business days of receiving notice of the
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card's condition, in accordance with 7 C.F.R. 274.6(b).
(C)(1) The department shall implement the option described
in 7 C.F.R. 274.6(b)(5) and shall withhold a replacement
electronic benefit transfer card from a household that requests
four or more replacement cards during a twelve-month period
until the requirements specified in 7 C.F.R. 274.6(b)(5) have
been satisfied.
(2) The department shall not withhold a replacement card
as described under division (C)(1) of this section if the
individual requesting the replacement has a disability directly
related to the loss of the card.
(D) Not later than two years after the effective date of
this amendment, the department shall replace all existing
electronic benefit transfer cards with chip-enabled cards that
meet the requirements specified in technical guidance prepared
by the United States department of agriculture. Thereafter, all
new electronic benefit transfer cards issued shall be chip-
enabled cards as described in this section.
Sec. 5101.543. The director of job and family services
shall ensure that the department of job and family services' web
site contains a mechanism that allows supplemental nutrition
assistance program benefit recipients to report alleged
fraudulent transactions to the department.
Section 2. That existing sections 5101.54 and 5101.542 of
the Revised Code are hereby repealed.
Section 3. This act shall be known as the Enhanced
Cybersecurity for SNAP Act of 2025.
Section 4. All items in this act are hereby appropriated
as designated out of any moneys in the state treasury to the
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credit of the designated fund. For all operating appropriations
made in this act, those in the first column are for fiscal year
2026 and those in the second column are for fiscal year 2027.
The operating appropriations made in this act are in addition to
any other operating appropriations made for these fiscal years.
Section 5.
1 2 3 4 5
A JFS DEPARTMENT OF JOB AND FAMILY SERVICES
BGeneral Revenue Fund
CGRF600569SNAP EBT Modernization $5,300,000 $0
DTOTAL GRF General Revenue Fund $5,300,000 $0
EFederal Fund Group
F3840600610Food Assistance Programs $5,300,000 $0
GTOTAL FED Federal Fund Group $5,300,000 $0
HTOTAL ALL BUDGET FUND GROUPS $10,600,000 $0
SNAP EBT MODERNIZATION
The foregoing appropriation items 600569, SNAP EBT
Modernization, and 600610, Food Assistance Programs, shall be
used to support the transition to chip-enabled Supplemental
Nutrition Assistance Program electronic benefit transfer cards.
On July 1, 2026, or as soon as possible thereafter, the
Director of Job and Family Services may certify to the Director
of Budget and Management an amount up to the unexpended,
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unencumbered balance associated with these appropriations at the
end of fiscal year 2026 to be reappropriated to fiscal year
2027. The amounts certified are hereby reappropriated to the
same appropriation items for fiscal year 2027.
Section 6. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the manner in which
appropriation accounts shall be maintained. Expenditures from
operating appropriations contained in this act shall be
accounted for as though made in, and are subject to all
applicable provisions of, the main operating appropriations act
of the 136th General Assembly.
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