Oklahoma 2023 Regular Session

Oklahoma House Bill HB1931 Compare Versions

Version 1 (Old)

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3	34		BILL NO. 1931 By: McCall of the House
4	35
5	36		and
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7	38		Haste of the Senate
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14	43		An Act relating to poor persons; amending 56 O.S.
15	44		2021, Section 230.52, which relates to the Temporary
16	45		Assistance for Needy Families program; updating
17	46		reference; providing area in which emp loyment may be
18	47		approved; providing that recipients be screened;
19	48		providing that certain services be provided in
20	49		certain circumstances; and p roviding an effective
21	50		date.
22	51
23	52
24		-	~~SUBJECT: Poor persons~~
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25	54
26	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
27		-
28	56		SECTION 1. AMENDATORY 56 O.S. 2021, Section 230.52, is
29	57		amended to read as follows:
30		-
31	58		Section 230.52 A. Except for specific exceptions, conditions
32	59		or restrictions authorized by the State wide Temporary Assistance
33	60		Responsibility System (STARS) and rules promulgated by the
34	61		Commission for Human Services pursuant thereto, the following are
35	62		the minimum mandatory req uirements for the Temporary Assistance for
36	63		Needy Families (TANF) program:
37		-
38	64		1. A recipient shall be eligible to receive assistance pursuant
39	65		to the TANF program only for a lifetime total of five (5) years,
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40	93		subject to the exemptions allowed by federal law. C hild-only cases
41	94		are not subject to the five -year limitation;
42		-
43	95		2. Single parents receiving temporary assistance pursuant to
44	96		the TANF program shall participate in work activities for a minimum
45	97		of twenty (20) hours per week during the month. Two -parent families
46		-	receiving temporary assistance pursuant to the TANF program shall ~~ENR. H. B. NO. 1931 Page 2~~
	98	+	receiving temporary assistance pursuant to the TANF program shall
47	99		participate in work activities for a minimum of thirty-five (35)
48	100		hours per week during the month;
49		-
50	101		3. A recipient must be engaged in one or more of the work
51	102		activities set out in paragra ph 4 of this subsection as soon as
52	103		required by the Depa rtment of Human Services pursuant to the TANF
53	104		program, but not later than twenty-four (24) months after
54	105		certification of the application for assistance, unless the person
55	106		is exempt from work requiremen ts under rules promulgated by the
56	107		Commission Department pursuant to the STARS;
57		-
58	108		4. The Department shall develop and describe categories of
59	109		approved work activities for the TANF program recipients in
60	110		accordance with this paragraph. Work activities that qualify in
61	111		meeting the requirements include, but are not l imited to:
62		-
63	112		a. (1) unsubsidized employment which is full-time
64	113		employment or part-time employment that is not
65	114		directly supplemented by federal or state funds,
66		-
67	115		(2) subsidized private sector employment which is
68	116		employment in a private for -profit enterprise or
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69	144		a private not-for-profit enterprise that is
70	145		directly supplemented by federal or state funds.
71	146		Prior to receiving any subsidy or incentive, the
72	147		employer shall enter into a written contract with
73	148		the Department, and
74		-
75	149		(3) subsidized public sector employment whi ch is
76	150		employment by an agency of a federal, state, or
77	151		local governmental entity which is directly
78	152		supplemented by federal or state funds. Prior to
79	153		receiving any subsidy or incentive, the employer
80	154		shall enter into a written contract with the
81	155		Department.
82		-
83	156		Subsidized hourly employmen t or unsubsidized hourly
84	157		employment pursuant to this subparagraph shall only be
85	158		approved by the Department as work activity if such
86	159		employment is subject to:
87		-
88	160		(a) the federal minimum wage requirements
89	161		pursuant to the Fair Labor Stan dards Act of
90	162		1938, as amended,
91		-	ENR. H. B. NO. 1931 Page 3
92	163		(b) the federal Social Security tax and Medicare
93	164		tax, and
94		-
95	165		(c) regulations promulgated pursuant to the
96	166		federal Occupational Safety and Health Act
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97	194		of 1970 and rules promulgated by the State
98	195		Department of Labor pursuant thereto,
99		-
100	196		b. a program of work exp erience,
101		-
102	197		c. on-the-job training,
103		-
104	198		d. assisted job search which may include supervised or
105	199		unsupervised job-seeking activities,
106		-
107	200		e. job readiness assistance which may include, but is not
108	201		limited to:
109		-
110	202		(1) orientation in the work environm ent and basic
111	203		job-seeking and job retention skills,
112		-
113	204		(2) instruction in completing an application for
114	205		employment and writing a resume, and
115		-
116	206		(3) instruction in conducting oneself during a job
117	207		interview, including ap propriate dress, and
118		-
119	208		(4) substance abuse treatment and mental health
120	209		counseling,
121		-
122	210		f. job skills training which is directly related to
123	211		employment in a specific occupation for which there is
124	212		a written commitment by an employer to offer
125	213		employment to a recipient who successfully completes
126	214		the training. Job skills training includes, but is
127	215		not limited to, customized training designed to meet
128	216		the needs of a specific employer or a specific
129	217		industry,
130	218
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131	245		g. community service programs which are job -training
132	246		activities provided in areas where sufficient public
133	247		or private sector employment is not available. Such
134	248		activities are linked to both education or training
135	249		and activities that substantially enhance a
136		-	recipient's employability, ENR. H. B. NO. 1931 Page 4
137		-
	250	+	recipient's employability,
138	251		h. literacy and adult basic education programs,
139		-
140	252		i. vocational-educational programs , not to exceed twel ve
141	253		(12) months for any individual, which are directed
142	254		toward vocational-educational training and education
143	255		directly related to employment,
144		-
145	256		j. education programs which are directly related to
146	257		specific employment opportunities, if a recip ient has
147	258		not received a high school diploma or General
148	259		Equivalency Degree, and
149		-
150	260		k. child care for other STARS recipients. The recipient
151	261		must meet training and licensing requirements for
152	262		child care providers as required by the Oklahoma Child
153	263		Care Facilities Licensing Act;
154		-
155	264		5. Single, custodial parents with a child up to one (1) year of
156	265		age may be exempt from work activities for a lifetime total
157	266		exemption of twelve (12) months;
158	267
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159	294		6. In order to receive assistance, unmarried teen parents of a
160	295		minor child at least twelve (12) weeks of age must participate in
161	296		educational activities or work activities approved by the state;
162		-
163	297		7. For single-parent families, except for teen parents,
164	298		educational activities, other than vocational -technical training, do
165	299		not count toward meeting the required twenty (20) hours of work
166	300		activity. For two-parent families, educational activities, except
167	301		vocational-technical training, do not count toward meeting the
168	302		required thirty-five (35) hours of work activity;
169		-
170	303		8. A teen parent must live a t home or in an appr oved, adult-
171	304		supervised setting as specified in Section 230.55 of this title to
172	305		receive TANF assistance;
173		-
174	306		9. A recipient must comply with immunization requirements
175	307		established pursuant to the TANF program;
176		-
177	308		10. A recipient shall be subje ct to the increment in benefits
178	309		for additional children established by Section 230.58 of this title;
179		-
180	310		11. The following recipient resources are exempt from resource
181		-	determination criteria: ENR. H. B. NO. 1931 Page 5
182		-
	311	+	determination criteria:
183	312		a. an automobile with an equity allowance of not more
184	313		than Five Thousand Dollars ($5,00 0.00) pursuant to
185	314		Section 230.53 of this title,
186		-
187	315		b. individual development accounts established pursuant
188	316		to the Family Savings Initiative Act, or individual
189	317		development accounts established prior to November 1,
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190	345		1998, pursuant to the prov isions of Section 23 0.54 of
191	346		this title in an amount not to exceed Two Thousand
192	347		Dollars ($2,000.00),
193		-
194	348		c. the equity value of funeral arrangements owned by a
195	349		recipient that does not exceed the limitation
196	350		specified by Section 165 of this title, and
197		-
198	351		d. earned income disregards not to exceed One Hundred
199	352		Twenty Dollars ($120.00) and one-half (1/2) of the
200	353		remainder of the earned income;
201		-
202	354		12. 11. An applicant who applies and is otherwise eligible to
203	355		receive TANF benefits but who has resided in this state less than
204	356		twelve (12) months shall be subject to Section 230.57 of this title;
205		-
206	357		13. 12. The recipient shall enter into a personal
207	358		responsibility agreement with the Department for receipt of
208	359		assistance pursuant to Section 230.65 of this title;
209		-
210	360		14. 13. The Department shall, beginning November 1, 2012
211	361		November 1, 2023, screen all adult applicants for TANF recipients as
212	362		part of the required TANF employability plan to determine if they
213	363		are engaged in the illegal use of a controlled substance or
214	364		substances. If the Departm ent has made a determinat ion that the
215	365		applicant recipient is engaged in the illegal use of a controlled
216	366		substance or substances, the applicant's request for TANF cash
217	367		benefits shall be denied recipient's TANF employability plan will
218	368		include substance abuse treatment and/or mental health counseling as
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219	396		a part of the assigned work activities as set out in paragraph 4 of
220	397		this subsection. The Commission for Department of Human Services
221	398		shall adopt rules to implement the requirements of this paragraph
222	399		consistent with the following:
223		-
224	400		a. the Department shall create a controlled substance
225	401		screening process to be administered at the time of
226		-	application during the assessment process that ~~ENR. H. B. NO. 1931 Page 6~~
	402	+	application during the assessment process that
227	403		determines the TANF employability plan . The process
228	404		shall, at a minimum, include a Substance Abuse Subtle
229	405		Screening Inventory (SASSI) or other similar screening
230	406		methods. If necessary to establish a reasonable
231	407		expectation of certainty, the Department is authorized
232	408		to use further screening methods, which may include,
233	409		but are not limited to, a clinical interview , and
234	410		consideration of the Department's history with the
235	411		applicant, and an Addictions Severity Index (ASI) . If
236	412		the Department has reasonable cause to believe that
237	413		the applicant recipient is engaged in the illegal use
238	414		of a controlled substance or substance s, the
239	415		Department is authorized, though not required, to
240	416		request administration of a chemical drug test , such
241	417		as urinalysis. The cost of all such initial
242	418		screenings shall not be borne by the applicant
243	419		recipient,
244	420
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245	447		b. if at any time during the controlled sub stance
246	448		screening process, the applicant recipient refuses to
247	449		participate without good cause, that refusal shall
248	450		lead to a denial closure of TANF benefits,
249		-
250	451		c. if the Department, as the result of a controlled
251	452		substance screening proc ess, has determined that the
252	453		applicant is engaged in the illegal use of a
253	454		controlled substance or substances, the applicant's
254	455		request for TANF cash benefits shall be denied,
255	456		subject to the following:
256		-
257	457		(1) if there has not already been a chemical drug
258	458		test administered as part of th e controlled
259	459		substance screening process, the applicant may
260	460		submit proof of a negative chemical drug test
261	461		from a state certified laboratory to challenge
262	462		the Department's finding that the applicant is
263	463		engaged in the illegal use of a controlled
264	464		substance or substances. Proof of the chemical
265	465		drug test must be submitted to the Department no
266	466		later than the tenth calendar day following
267	467		denial. If denial is communicated by mail, the
268	468		ten (10) day window begins on the day after the
269	469		date of mailing of the denial no tice to the
270	470		applicant's last-known address. The denial
271		-	notice is considered to be mailed on the date ENR. H. B. NO. 1931 Page 7
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	498	+	notice is considered to be mailed on the date
272	499		that appears on the notice, unless otherwise
273	500		indicated by the facts,
274		-
275	501		(2) if denied due to the provisions of this
276	502		subparagraph, an applicant shall not be a pproved
277	503		until one (1) year has passed since the date of
278	504		denial,
279		-
280	505		(a) if the applicant is denied due to the
281	506		provisions of this paragraph, the Department
282	507		shall provide a list of subst ance abuse
283	508		treatment programs to the denied applica nt,
284		-
285	509		(b) if an applicant has successfully complied
286	510		with a recommended substance abuse treatment
287	511		program after the date of denial, the
288	512		applicant may be approved for cash benefits
289	513		after six (6) months have pa ssed since the
290	514		date of denial, rather than the requ ired one
291	515		(1) year, and
292		-
293	516		(3) if an applicant has been denied TANF cash
294	517		benefits two times due to the provisions of this
295	518		subparagraph, the applicant shall be ineligible
296	519		for TANF benefits for a period of three (3) years
297	520		from the date of the second denial,
298	521
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299	548		d. child-only cases and minor parents under eighteen (18)
300	549		years of age are not subject to the provisions of this
301	550		paragraph, and
302		-
303	551		e. in cases where the application for TANF benefits is
304	552		not for child-only benefits, but there is not a parent
305	553		who has been deemed el igible for cash benefits under
306	554		the provisions of this paragraph, any cash benefits
307	555		for which the dependent children of the family are
308	556		still eligible shall not be affected and may be
309	557		received and administer ed by an appropriate third
310	558		party approved by the De partment for the benefit of
311	559		the members of the household;
312		-
313	560		15. 14.
314		-
315	561		a. As a condition of participating in the STARS, all
316		-	recipients are deemed to have given authorization for ~~ENR. H. B. NO. 1931 Page 8~~
	562	+	recipients are deemed to have given authorization for
317	563		the release of any and all informat ion necessary to
318	564		allow all state and federal age ncies to meet the
319	565		program needs of the recipient.
320		-
321	566		b. The recipient shall be provided a release form to sign
322	567		in order to obtain the required information. Failure
323	568		to sign the release form may result in case cl osure;
324	569		and
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326	597		16. 15. The recipient shall comply w ith all other conditions
327	598		and requirements of the STARS, and rules of the Commission
328	599		promulgated pursuant thereto.
329		-
330	600		B. 1. Agencies of this state involved in providing services to
331	601		recipients pursuant to the STARS shall exchange information as
332	602		necessary for each agency to accomplish objectives and fulfill
333	603		obligations created or imposed by the STARS and rules promulgated
334	604		pursuant thereto.
335		-
336	605		2. Information received pursuant to the STARS shall be
337	606		maintained by the appli cable agency and, except as otherwise
338	607		provided by this subsection, sh all be disclosed only in accordance
339	608		with any confidentiality provisions applicable to the agency
340	609		originating the information.
341		-
342	610		3. The various agencies of the state shall execute operating
343	611		agreements to facilitate information exchan ges pursuant to the
344	612		STARS.
345		-
346	613		C. In implementing the TANF program, the Department shall:
347		-
348	614		1. Provide assistance to aliens pursuant to Section 230.73 of
349	615		this title;
350		-
351	616		2. Provide for the closure of the TANF case when the adult
352	617		recipient refuses to cooperate wit h agreed upon work activi ties or
353	618		other case requirements pursuant to the TANF program;
354		-
355	619		3. Provide for the sanctioning of parents who do not require
356	620		their minor children to attend school; and
357	621
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358	648		4. Deny temporary a ssistance to fugitive felons.
359		-
360	649		D. In order to ensure that the needy c itizens of this state are
361		-	receiving necessary benefits, the Department shall maintain a ~~ENR. H. B. NO. 1931 Page 9~~
	650	+	receiving necessary benefits, the Department shall maintain a
362	651		listing of all recipients receiving public assistance. The listing
363	652		shall reflect each recipient 's income, social security number, and
364	653		the programs in which the recipie nt is participating including, but
365	654		not limited to, TANF, food stamps, child care, and medical
366	655		assistance.
367		-
368	656		E. The Department is hereby authorized to establish a grant
369	657		diversion program an d emergency assistance services.
370		-
371	658		SECTION 2. This act shall become effective November 1, 2023.
372		-	ENR. H. B. NO. 1931 Page 10
373		-	Passed the House of Representatives the 21st day of March, 2023.
374		-
375		-
376		-
377		-
378		-	Presiding Officer of the House
379		-	of Representatives
380		-
381		-
382		-
383		-	Passed the Senate the 26th day of April, 2023.
384		-
385		-
386		-
387		-
388		-	Presiding Officer of the Senate
389		-
390		-
391		-	OFFICE OF THE GOVERNOR
392		-	Received by the Office of the Governor this ____________________
393		-	day of ___________________, 20_______, at _______ o'clock _______ M.
394		-	By: _________________________________
395		-	Approved by the Governor of the State of Oklahoma this _____ ____
396		-	day of ___________________, 20_______, at _______ o'clock _______ M.
397		-
398		-
399		-	_________________________________
400		-	Governor of the State of Oklahoma
401		-
402		-	OFFICE OF THE SECRETARY OF STATE
403		-	Received by the Office of the Secretary of State this __________
404		-	day of ___________________, 20_______, at _______ o'clock _______ M.
405		-	By: _________________________________
406		-
	659	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	660	+	April 6, 2023 - DO PASS