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SENATE FLOOR VERSION
April 6, 2023
ENGROSSED HOUSE
BILL NO. 1932 By: McCall, Hefner, and Wolfley
of the House
and
Treat 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 that certain individuals quali fy
for services in certain circumstances; and providing
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 Statewide Temporary Assistance
Responsibility System (S TARS) and rules promulgated by the
Commission for Human Services pursuant thereto, the following are
the minimum mandatory requirements for the Temporary Assistance for
Needy Families (TANF) program:
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1. A recipient shall be eligible to receive assistance pursuant
to the TANF program only for a lifeti me 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. T wo-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 t wenty-four (24) months after
certification of the application for assistance, unless the person
is exempt from work requirements under rules promulgated by the
Commission Department pursuant to the STARS;
4. The Department shall develop and describe categ ories of
approved work activities for the TANF program recipients in
accordance with this paragraph. Work acti vities that qualify in
meeting the requirements include, but are not limited to:
a. (1) unsubsidized employment which is full -time
employment or part-time employment that is not
directly supplemented by federal or state funds,
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(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 federa l or state funds.
Prior to receiving any subs idy or incentive, the
employer shall enter into a written contrac t with
the Department, and
(3) subsidized public sector employment which is
employment by an agency of a federal, state, or
local governmental en tity which is directly
supplemented by federal or state funds. Prior to
receiving any subsidy or incentive, th e employer
shall enter into a written contract with the
Department.
Subsidized hourly employment or unsubsidized hourly
employment pursuant to th is 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,
(b) the federal Social Security tax and Medi care
tax, and
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(c) regulations promulgated purs uant 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 experience,
c. on-the-job training,
d. assisted job search which may include supervised or
unsupervised job-seeking activities,
e. job readiness assistance which ma y 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 writi ng a resume, and
(3) instruction in conducting oneself during a j ob
interview, including appropriate dress,
f. job skills training which is directly related to
employment in a specific occupation for which ther e is
a written commitment by an employer to of fer
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 a re job-training
activities provided in areas where sufficient pub lic
or private sector employment is not available. Such
activities are linked to both education or training
and activities that substantially en hance 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 whic h 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 tota l
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 at home or in an approved, adult-
supervised setting as specified in Section 230.55 of this title to
receive TANF assistance;
9. An applicant or recipient pregnant with an unborn child a nd
who does not have children living in the home qual ifies for TANF to
the same extent as a parent with minor children living in th e home;
10. 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 resources are exempt from resource
determination criteria:
a. an automobile with an equity allowance of not mo re
than Five Thousand Dollars ($5,000.00) pursuant to
Section 230.53 of this title,
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b. individual development accounts established pursuant
to the Family Savings Initiative Act, or individual
development accounts established prior to November 1,
1998, pursuant to the provisions of Section 230.54 of
this title in an amou nt 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 limi tation
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 TANF to determine if they are engaged in
the illegal use of a controlled substance or substances. If the
Department has made a determinati on 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
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Commission for Human Services shall adopt rules to implement the
requirements of this paragrap h 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 S everity
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 require d, to
request administration of a chemical dru g 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 den ied,
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 dr ug test
from a state certified laboratory to c hallenge
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 notice to the
applicant's last-known address. The denial
notice is considered to be mailed on the d ate
that appears on the notice, unless otherwi se
indicated by the facts,
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(2) if denied due to the provisions of 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 Depa rtment
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 de nial, the
applicant may be approved for cash b enefits
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 be nefits 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 affecte d 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 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
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obligations created or imposed by the STARS and rules promulgated
pursuant thereto.
2. Information received pursuant to the ST ARS shall be
maintained by the applicable agency and, except as o therwise
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 inf ormation exchanges pursuant to the
STARS.
C. In implementing the TANF program, the Department shall:
1. Provide assistance to aliens pursuant t o 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 att end school; and
4. Deny temporary assistance 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 lis ting
shall reflect each recipient's income, social security numbe r, 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 es tablish a grant
diversion program and emergency assistance servic es.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 6, 2023 - DO PASS