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SENATE FLOOR VERSION
April 6, 2023
ENGROSSED HOUSE
BILL NO. 1931 By: McCall of the House
and
Haste of the Senate
An Act relating to poor persons; amending 56 O.S.
2021, Section 230.52, which relates to the Temporary
Assistance for Needy Families program; updating
reference; providing area in which emp loyment may be
approved; providing that recipients be screened;
providing that certain services be provided in
certain circumstances; and p roviding an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 56 O.S. 2021, Section 230.52, is
amended to read as follows:
Section 230.52 A. Except for specific exceptions, conditions
or restrictions authorized by the State wide Temporary Assistance
Responsibility System (STARS) and rules promulgated by the
Commission for Human Services pursuant thereto, the following are
the minimum mandatory req uirements 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,
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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 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 paragra ph 4 of this subsection as soon as
required by the Depa rtment 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 requiremen ts under rules promulgated by the
Commission Department 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 l imited to:
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
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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 whi ch 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 Stan dards Act of
1938, as amended,
(b) the federal Social Security tax and Medicare
tax, and
(c) regulations promulgated pursuant to the
federal Occupational Safety and Health Act
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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 environm ent 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 ap propriate dress, and
(4) substance abuse treatment and mental health
counseling,
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
the needs of a specific employer or a specific
industry,
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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 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 recip ient 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 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, educational 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 a t 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 subje ct to the increment in benefits
for additional children established by Section 230.58 of this 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 ($5,00 0.00) pursuant to
Section 230.53 of this title,
b. individual development accounts established pursuant
to the Family Savings Initiative Act, or individual
development accounts established prior to November 1,
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1998, pursuant to the prov isions 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. 11. 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. 12. 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. 13. The Department shall, beginning November 1, 2012
November 1, 2023, screen all adult applicants for TANF recipients as
part of the required TANF employability plan to determine if they
are engaged in the illegal use of a controlled substance or
substances. If the Departm ent has made a determinat ion that the
applicant recipient is engaged in the illegal use of a controlled
substance or substances, the applicant's request for TANF cash
benefits shall be denied recipient's TANF employability plan will
include substance abuse treatment and/or mental health counseling as
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a part of the assigned work activities as set out in paragraph 4 of
this subsection. The Commission for Department of Human Services
shall adopt rules to 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 during the assessment process that
determines the TANF employability plan . 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 , and
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 recipient is engaged in the illegal use
of a controlled substance or substance s, 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
recipient,
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b. if at any time during the controlled sub stance
screening process, the applicant recipient refuses to
participate without good cause, that refusal shall
lead to a denial closure of TANF benefits,
c. if the Department, as the result of a controlled
substance screening proc ess, 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 th e 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 denial no tice to the
applicant's last-known address. The denial
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notice is considered to be mailed on the date
that appears on the notice, unless otherwise
indicated by the facts,
(2) if denied due to the provisions of this
subparagraph, an applicant shall not be a pproved
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 applica nt,
(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 requ ired 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,
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d. child-only cases and minor parents under eighteen (18)
years of age are not subject to the provisions of this
paragraph, and
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 el igible 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 administer ed by an appropriate third
party approved by the De partment for the benefit of
the members of the household;
15. 14.
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 age ncies 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
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16. 15. The recipient shall comply w ith all other conditions
and requirements of the STARS, and rules of the Commission
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 accomplish objectives and fulfill
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 subsection, sh all 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 exchan ges 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 wit h agreed upon work activi ties 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
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4. Deny temporary a ssistance to fugitive felons.
D. In order to ensure that the needy c itizens 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 recipie nt is participating including, but
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. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 6, 2023 - DO PASS