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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 394 By: Coleman and Boren of the
Senate
and
Talley of the House
An Act relating to the Temporary Assistance for N eedy
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 excl usion
of automobile from determination of applicant ’s
resources; increasing amount of excluded equity
allowance; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE 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 Tempora ry Assistance
Responsibility System (STARS) and rules promulgated by the
Commission for Director of Human Services pursuant thereto, the
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following are the minimum mandatory requirements for the Temporary
Assistance for Needy Families (TANF) program:
1. A recipient shall be eligible to receive assistance pursuant
to the TANF program only for a lifetime total of five (5) years,
subject to the exemptions allowed by federal law. Child -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 thirty -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 paragraph 4 of this subsection as soon as
required by the Department of Human Services pursuant to the TANF
program, but not later than twenty -four (24) months after
certification of the application for assistance, unless the person
is exempt from work requirements 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:
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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 agen cy 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 employment 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,
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(b) the federal Social Security tax and 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 exper ience,
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 which 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 meet
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the needs of a specific employer or a specific
industry,
g. community service programs which are job -training
activities provided in areas where sufficient public
or private sector employment is not available. Such
activities are linked to both education or training
and activities that substantially enhance a
recipient’s employability,
h. literacy and adult basic education programs,
i. vocational-educational programs, not to exceed twelve
(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 recipient
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 lifetime total
exemption of twelve (12) months;
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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 a pproved 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, educatio nal 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 approved, adult -
supervised setting as specified in Section 230.55 of this t itle 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 th is title;
11. The following recipient resources are exempt from resource
determination criteria:
a. an automobile with an equity allowance of not more
than Five Thousand Dollars ($5,000.00) Ten Thousand
Dollars ($10,000.00) pursuant to Section 230.53 of
this title,
b. individual development accounts established pursuant
to the Family Savings Initiative Act, or individual
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development accounts established prior to November 1,
1998, pursuant to the provisions of Section 230.54 of
this title in an amount not t o 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 this 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, 2012, screen
all adult applicants for TA NF 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 substances, the
applicant’s request for TANF cash benefits shall be denied. The
Commission for Human Services Director shall adopt rules to
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implement the requirements of this paragraph consistent with the
following:
a. the Department shall create a controlled substance
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 Department has reasonable cause
to believe that the applicant is engaged in the
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 cost 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,
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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 been 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 th e day after the
date of mailing of the denial 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,
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(2) if denied due to the provisions o f this
subparagraph, an applicant shall not 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 substance 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 passed 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
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e. in cases where the application for TANF benefits is
not for child-only benefits, but there is not a parent
who has been deemed eligible for cash benefits 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 administered by an appropriate third
party approved by the Department for the benefit 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 information 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 closure;
and
16. The recipient shall comply with all other conditions and
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 info rmation as
necessary for each agency to accomplish objectives and fulfill
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obligations created or imposed by the STARS and rules promulgated
pursuant thereto.
2. Information received pursuant to the STARS shall be
maintained by the applicable agency and, e xcept as otherwise
provided by this subsection, 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 the
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 assistance to fugiti ve 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 secu rity number, and
the programs in which the recipient is participating including, but
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not limited to, TANF, food stamps, child care , and medical
assistance.
E. The Department is hereby authorized to establish a grant
diversion program and emergency assista nce services.
SECTION 2. AMENDATORY 56 O.S. 2011, Section 230.53, is
amended to read as follows:
Section 230.53. The Department of Human Services shall exclude
an automobile with an equity allowance 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 preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
04/15/2021 - DO PASS, As Coauthored.