SENATE FLOOR VERSION - SB394 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
February 18, 2021
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 394 By: Coleman of the Senate
and
Talley of the House
An Act relating to the Temporary Assistance for Needy
Families (TANF) program ; amending 56 O.S. 2011,
Section 230.52, as amended by Section 1, Chapter 263,
O.S.L. 2012 (56 O.S. Supp. 2020, Section 230.52) ,
which relates to minimum requirements; amending 56
O.S. 2011, Section 230.53 , which relates to e xclusion
of automobile from determination of applican t’s
resources; increasing amount of excluded equity
allowance; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2011, Section 230.52, as
amended by Section 1, Chapter 263, O.S.L. 2012 (56 O.S. Supp. 2020,
Section 230.52), is amended to read as follows:
Section 230.52. A. Except for specific exceptions, conditions
or restrictions authorized by the Statewide Tempo rary Assistance
Responsibility System (STARS ) and rules promulgated by the
Commission for Director of Human Services pursuant thereto, the
SENATE FLOOR VERSION - SB394 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
following are the minimum mandatory req uirements for the Temporary
Assistance for Needy Families (TANF) program:
1. A recipient shall be eligible to receive ass istance pursuant
to the TANF program only for a lifetime total of five (5) years,
subject to the exemptions allowed by federal law. C hild-only cases
are not subject to the five -year limitation;
2. Single parents receiving temporary assistance pursuant to
the TANF program shall participate in work activities for a minimum
of twenty (20) hours per week during the month. Two -parent families
receiving temporary assistance pursuant to the TANF program shall
participate in work activities for a minimum of thir ty-five (35)
hours per week during the month;
3. A recipient must be engaged in one or more of the work
activities set out in paragra ph 4 of this subsection as soon as
required by the Department of Human Service s pursuant to the TANF
program, but not late r than twenty-four (24) months after
certification of the application for assistance, unless the person
is exempt from work requiremen ts under rules promulgated by the
Commission Director pursuant to the STARS;
4. The Department shall develop and describe categories of
approved work activities for the TANF program recipients in
accordance with this paragraph. Work activities that qualify in
meeting the requirements include, but are not limited to:
SENATE FLOOR VERSION - SB394 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. (1) unsubsidized employment which is full-time
employment or part-time employment that is not
directly supplemented by federal or state funds,
(2) subsidized private sector employment which is
employment in a private for -profit enterprise or
a private not-for-profit enterprise that is
directly supplemented by federal or state funds.
Prior to receiving any subsidy or incentive, the
employer shall enter into a written contract with
the Department, and
(3) subsidized public sector employment which is
employment by an agency of a federal, state, or
local governmental entity which is directly
supplemented by federal or state funds. Prior to
receiving any subsidy or incentive, the employer
shall enter into a written contract with the
Department.
Subsidized hourly employmen t or unsubsidized hourly
employment pursuant to this subparagraph shall only be
approved by the Department as work activity if such
employment is subject to:
(a) the federal minimum wage requirements
pursuant to the Fair Labor Standards Act of
1938, as amended,
SENATE FLOOR VERSION - SB394 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(b) the federal Social Security tax an d Medicare
tax, and
(c) regulations promulgated pursuant to the
federal Occupational Safety and Health Act
of 1970 and rules promulgated by the State
Department of Labor pursuant thereto,
b. a program of work exp erience,
c. on-the-job training,
d. assisted job search which may include supervised or
unsupervised job-seeking activities,
e. job readiness assistance which may include, but is not
limited to:
(1) orientation in the work environment and basic
job-seeking and job retention skills,
(2) instruction in completing an application for
employment and writing a resume, and
(3) instruction in conducting oneself during a job
interview, including appropriate dress,
f. job skills training which is directly related to
employment in a specific occupation for whic h there is
a written commitment by an employer to offer
employment to a recipient who successfully completes
the training. Job skills training includes, but is
not limited to, customized training designed to mee t
SENATE FLOOR VERSION - SB394 SFLR Page 5
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the needs of a specific employer or a spec ific
industry,
g. community service programs which are job -training
activities provided in areas where sufficient public
or private sector empl oyment is not available. Such
activities are linked to both educatio n or training
and activities that substantia lly enhance a
recipient’s employability,
h. literacy and adult basic education programs,
i. vocational-educational programs, not to exceed twel ve
(12) months for any individual, which are directed
toward vocational-educational training and education
directly related to employment,
j. education programs which are directly related to
specific employment opportunities, if a recipient has
not received a high school diploma or General
Equivalency Degree, and
k. child care for other STARS recipients. The recipie nt
must meet training and licensing requirements for
child care providers as required by the Oklahoma Child
Care Facilities Licensing Act;
5. Single, custodial parents with a child up to one (1) year of
age may be exempt from work activities for a lifetim e total
exemption of twelve (12) months;
SENATE FLOOR VERSION - SB394 SFLR Page 6
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. In order to receive assistance, unmarried teen parents of a
minor child at least twelve (12) weeks of age must participate in
educational activities or work activities approved by the state;
7. For single-parent families, except for teen parents,
educational activities, other than vocational -technical training, do
not count toward meeting the required twenty (20) hours of work
activity. For two-parent families, educat ional activities, except
vocational-technical training, do not count toward meeting the
required thirty-five (35) hours of work activity;
8. A teen parent must live at home or in an appr oved, adult-
supervised setting as specified in Section 230.55 of this title to
receive TANF assistance;
9. A recipient must comply with immunization requirements
established pursuant to the TANF program;
10. A recipient shall be subject to the increment in benefits
for additional children established by Section 230.58 of this title;
11. The following recipient res ources are exempt from resource
determination criteria:
a. an automobile with an equity allowance of not more
than Five Thousand Dollars ($5,00 0.00) Ten Thousand
Dollars ($10,000.00) pursuant to Section 230.53 of
this title,
b. individual development accou nts established pursuant
to the Family Savings Initiative Act, or individual
SENATE FLOOR VERSION - SB394 SFLR Page 7
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
development accounts established prior to November 1,
1998, pursuant to the provisions of Section 23 0.54 of
this title in an amount not to exceed Two Thousand
Dollars ($2,000.00),
c. the equity value of funeral arrangements owned by a
recipient that does not exceed the limitation
specified by Section 165 of this title, and
d. earned income disregards not to exceed One Hundred
Twenty Dollars ($120.00) and one-half (1/2) of the
remainder of the earned income;
12. An applicant who applies and is otherwise eligible to
receive TANF benefits but who has resided in this state less than
twelve (12) months shall be subject to Section 230.57 of thi s title;
13. The recipient shall enter into a personal responsibility
agreement with the Department for receipt of assistance pursuant to
Section 230.65 of this title;
14. The Department shall, beginning November 1, 201 2, screen
all adult applicants for TANF to determine if they are engaged in
the illegal use of a controlled substance or substances. If the
Department has made a determination that the applicant is engaged in
the illegal use of a controlled substance or s ubstances, the
applicant’s request for TANF cash benefits shall be denied. The
Commission for Human Services Director shall adopt rules to
SENATE FLOOR VERSION - SB394 SFLR Page 8
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
implement the requirements of this paragraph consistent with the
following:
a. the Department shall create a controlled subst ance
screening process to be administered at the time of
application. The process shall, at a minimum, include
a Substance Abuse Subtle Screening Inventory (SASSI)
or other similar screening methods. If necessary to
establish a reasonable expectation of certainty, the
Department is authorized to use further screening
methods, which may include, but are not limited to, a
clinical interview, consideration of the Department ’s
history with the applicant, and an Addictions Severity
Index (ASI). If the Departm ent has reasonable cause
to believe that the applicant is engaged in t he
illegal use of a controlled substance or substances,
the Department is authorized, though not required, to
request administration of a chemical drug test, such
as urinalysis. The cos t of all such initial
screenings shall not be borne by the applicant,
b. if at any time during the controlled substance
screening process, the applicant refuses to
participate, that refusal shall lead to a denial of
TANF benefits,
SENATE FLOOR VERSION - SB394 SFLR Page 9
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. if the Department, as the result of a controlled
substance screening process, has determined that the
applicant is engaged in the illegal use of a
controlled substance or substances, the applicant ’s
request for TANF cash benefits shall be denied,
subject to the following:
(1) if there has not already be en a chemical drug
test administered as part of the controlled
substance screening process, the applicant may
submit proof of a negative chemical drug test
from a state certified laboratory to challenge
the Department’s finding that the applicant is
engaged in the illegal use of a controlled
substance or substances. Proof of the chemical
drug test must be submitted to the Department no
later than the tenth calendar day following
denial. If denial is communicated by mail, the
ten (10) day window begins on the day after the
date of mailing of the den ial notice to the
applicant’s last-known address. The denial
notice is considered to be mailed on the date
that appears on the notice, unless otherwise
indicated by the facts,
SENATE FLOOR VERSION - SB394 SFLR Page 10
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(2) if denied due to the provisions of this
subparagraph, an applicant shall no t be approved
until one (1) year has passed since the date of
denial,
(a) if the applicant is denied due to the
provisions of this paragraph, the Department
shall provide a list of subst ance abuse
treatment programs to the denied applicant,
(b) if an applicant has successfully complied
with a recommended substance abuse treatment
program after the date of denial, the
applicant may be approved for cash benefits
after six (6) months have pa ssed since the
date of denial, rather than the required one
(1) year, and
(3) if an applicant has been denied TANF cash
benefits two times due to the provisions of this
subparagraph, the applicant shall be ineligible
for TANF benefits for a period of three (3) years
from the date of the second denial,
d. child-only cases and minor parents under eighteen (18)
years of age are not subject to the provisions of this
paragraph, and
SENATE FLOOR VERSION - SB394 SFLR Page 11
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
e. in cases where the application for TANF benefits is
not for child-only benefits, but there is not a pare nt
who has been deemed eligible for cash ben efits under
the provisions of this paragraph, any cash benefits
for which the dependent children of the family are
still eligible shall not be affected and may be
received and administer ed by an appropriate third
party approved by the Department for the be nefit of
the members of the household;
15. a. As a condition of participating in the STARS, all
recipients are deemed to have given authorization for
the release of any and all informat ion necessary to
allow all state and federal agencies to meet the
program needs of the recipient.
b. The recipient shall be provided a release form to sign
in order to obtain the required information. Failure
to sign the release form may result in case cl osure;
and
16. The recipient shall comply with all other conditions a nd
requirements of the STARS, and rules of the Commission Director
promulgated pursuant thereto.
B. 1. Agencies of this state involved in providing services to
recipients pursuant to the STARS shall exchange information as
necessary for each agency to ac complish objectives and fulfill
SENATE FLOOR VERSION - SB394 SFLR Page 12
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
obligations created or imposed by the STARS and rules promulgated
pursuant thereto.
2. Information received pursuant to the STARS shall be
maintained by the appli cable agency and, except as otherwise
provided by this subsec tion, shall be disclosed only in accordance
with any confidentiality provisions applicable to the agency
originating the information.
3. The various agencies of the state shall execute operating
agreements to facilitate information exchanges pursuant to t he
STARS.
C. In implementing the TANF program, the Department shall:
1. Provide assistance to aliens pursuant to Section 230.73 of
this title;
2. Provide for the closure of the TANF case when the adult
recipient refuses to cooperate with agreed upon work activities or
other case requirements pursuant to the TANF program;
3. Provide for the sanctioning of parents who do not require
their minor children to attend school; and
4. Deny temporary a ssistance to fugitive felons.
D. In order to ensure that the needy citizens of this state are
receiving necessary benefits, the Department shall maintain a
listing of all recipients receiving public assistance. The listing
shall reflect each recipient ’s income, social security number, and
the programs in which the recipient is participating including, but
SENATE FLOOR VERSION - SB394 SFLR Page 13
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
not limited to, TANF, food stamps, child care , and medical
assistance.
E. The Department is hereby authorized to establish a grant
diversion program an d emergency assistance services.
SECTION 2. AMENDATORY 56 O.S. 2011, Section 230.53, is
amended to read as follows:
Section 230.53. The Department of Human Servic es shall exclude
an automobile with an equity all owance of not more than Five
Thousand Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) from
the determination of resources available to meet the needs of an
applicant for or recipient of benefits under the Temporary
Assistance for Needy Families (TANF ) program.
SECTION 3. It being immediately necessary for the p reservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall ta ke effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 18, 2021 - DO PASS AS AMENDED