Oklahoma 2023 Regular Session

Oklahoma House Bill HB1932 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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3	34		BILL NO. 1932 By: McCall, Hefner, and Wolfley
4	35		of the House
5	36
6	37		and
7	38
8		-	Treat and Daniels of the
9		-	Senate
10		-
	39	+	Treat of the Senate
11	40
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16	45		An Act relating to poor persons; amending 56 O.S.
17	46		2021, Section 230.52, which relates to the Temporary
18	47		Assistance for Needy Families program; updating
19	48		reference; providing that certain individuals quali fy
20	49		for services in certain circumstances; and providing
21	50		an effective date.
22	51
23	52
24	53
25	54
26		-	~~SUBJECT: Poor persons~~
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27	56
28	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29		-
30	58		SECTION 1. AMENDATORY 56 O.S. 2021, Section 230.52, is
31	59		amended to read as follows:
32		-
33	60		Section 230.52 A. Except for specific exceptions, conditions
34	61		or restrictions authorized by the Statewide Temporary Assistance
35	62		Responsibility System (S TARS) and rules promulgated by the
36	63		Commission for Human Services pursuant thereto, the following are
37	64		the minimum mandatory requirements for the Temporary Assistance for
38	65		Needy Families (TANF) program:
39	66
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40	93		1. A recipient shall be eligible to receive assistance pursuant
41	94		to the TANF program only for a lifeti me total of five (5) years,
42	95		subject to the exemptions allowed by federal law. Child-only cases
43	96		are not subject to the five -year limitation;
44		-
45	97		2. Single parents receiving temporary assistance pursuant to
46		-	the TANF program shall participate in work activities for a minimum ~~ENR. H. B. NO. 1932 Page 2~~
	98	+	the TANF program shall participate in work activities for a minimum
47	99		of twenty (20) hours per week during the month. T wo-parent families
48	100		receiving temporary assistance pursuant to the TANF program shall
49	101		participate in work activities for a minimum of thirty -five (35)
50	102		hours per week during the month;
51		-
52	103		3. A recipient must be engaged in one or more of the work
53	104		activities set out in paragraph 4 of this subsection as soon as
54	105		required by the Department of Human Services pursuant to the TANF
55	106		program, but not later than t wenty-four (24) months after
56	107		certification of the application for assistance, unless the person
57	108		is exempt from work requirements under rules promulgated by the
58	109		Commission Department pursuant to the STARS;
59		-
60	110		4. The Department shall develop and describe categ ories of
61	111		approved work activities for the TANF program recipients in
62	112		accordance with this paragraph. Work acti vities that qualify in
63	113		meeting the requirements include, but are not limited to:
64		-
65	114		a. (1) unsubsidized employment which is full -time
66	115		employment or part-time employment that is not
67	116		directly supplemented by federal or state funds,
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69	144		(2) subsidized private sector employment which is
70	145		employment in a private for -profit enterprise or
71	146		a private not-for-profit enterprise that is
72	147		directly supplemented by federa l or state funds.
73	148		Prior to receiving any subs idy or incentive, the
74	149		employer shall enter into a written contrac t with
75	150		the Department, and
76		-
77	151		(3) subsidized public sector employment which is
78	152		employment by an agency of a federal, state, or
79	153		local governmental en tity which is directly
80	154		supplemented by federal or state funds. Prior to
81	155		receiving any subsidy or incentive, th e employer
82	156		shall enter into a written contract with the
83	157		Department.
84		-
85	158		Subsidized hourly employment or unsubsidized hourly
86	159		employment pursuant to th is subparagraph shall only be
87	160		approved by the Department as work activity if such
88	161		employment is subject to:
89		-	ENR. H. B. NO. 1932 Page 3
90	162		(a) the federal minimum wage requirements
91	163		pursuant to the Fair Labor Standards Act of
92	164		1938, as amended,
93		-
94	165		(b) the federal Social Security tax and Medi care
95	166		tax, and
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96	193
97	194		(c) regulations promulgated purs uant to the
98	195		federal Occupational Safety and Health Act
99	196		of 1970 and rules promulgated by the State
100	197		Department of Labor pursuant thereto,
101		-
102	198		b. a program of work experience,
103		-
104	199		c. on-the-job training,
105		-
106	200		d. assisted job search which may include supervised or
107	201		unsupervised job-seeking activities,
108		-
109	202		e. job readiness assistance which ma y include, but is not
110	203		limited to:
111		-
112	204		(1) orientation in the work environment and basic
113	205		job-seeking and job retention skills,
114		-
115	206		(2) instruction in completing an application for
116	207		employment and writi ng a resume, and
117		-
118	208		(3) instruction in conducting oneself during a j ob
119	209		interview, including appropriate dress,
120		-
121	210		f. job skills training which is directly related to
122	211		employment in a specific occupation for which ther e is
123	212		a written commitment by an employer to of fer
124	213		employment to a recipient who successfully completes
125	214		the training. Job skills training includes, but is
126	215		not limited to, customized training designed to meet
127	216		the needs of a specific employer or a specific
128	217		industry,
129	218
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130	245		g. community service programs which a re job-training
131	246		activities provided in areas where sufficient pub lic
132	247		or private sector employment is not available. Such
133		-	activities are linked to both education or training ~~ENR. H. B. NO. 1932 Page 4~~
	248	+	activities are linked to both education or training
134	249		and activities that substantially en hance a
135	250		recipient's employability,
136		-
137	251		h. literacy and adult basic education programs,
138		-
139	252		i. vocational-educational programs, not to exceed twelve
140	253		(12) months for any individual, which are directed
141	254		toward vocational-educational training and education
142	255		directly related to employment,
143		-
144	256		j. education programs whic h are directly related to
145	257		specific employment opportunities, if a recipient has
146	258		not received a high school diploma or General
147	259		Equivalency Degree, and
148		-
149	260		k. child care for other STARS recipients. The recipient
150	261		must meet training and licensing requirements for
151	262		child care providers as required by the Oklahoma Child
152	263		Care Facilities Licensing Act;
153		-
154	264		5. Single, custodial parents with a child up to one (1) year of
155	265		age may be exempt from work activities for a lifetime tota l
156	266		exemption of twelve (12) months;
157	267
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158	294		6. In order to receive assistance, unmarried teen parents of a
159	295		minor child at least twelve (12) weeks of age must participate in
160	296		educational activities or work activities approved by the state;
161		-
162	297		7. For single-parent families, except for teen parents,
163	298		educational activities, other than vocational-technical training, do
164	299		not count toward meeting the required twenty (20) hours of work
165	300		activity. For two-parent families, educational activities, except
166	301		vocational-technical training, do not count toward meeting the
167	302		required thirty-five (35) hours of work activity;
168		-
169	303		8. A teen parent must live at home or in an approved, adult-
170	304		supervised setting as specified in Section 230.55 of this title to
171	305		receive TANF assistance;
172		-
173	306		9. An applicant or recipient pregnant with an unborn child a nd
174	307		who does not have children living in the home qual ifies for TANF to
175	308		the same extent as a parent with minor children living in th e home;
176		-
177	309		10. A recipient must comply with immunization requirements
178		-	established pursuant to the TANF program; ENR. H. B. NO. 1932 Page 5
179		-
	310	+	established pursuant to the TANF program;
180	311		10. A recipient shall be subject to the increment in benefits
181	312		for additional children established by Section 230.58 of this title;
182		-
183	313		11. The following recipient resources are exempt from resource
184	314		determination criteria:
185		-
186	315		a. an automobile with an equity allowance of not mo re
187	316		than Five Thousand Dollars ($5,000.00) pursuant to
188	317		Section 230.53 of this title,
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189	344
190	345		b. individual development accounts established pursuant
191	346		to the Family Savings Initiative Act, or individual
192	347		development accounts established prior to November 1,
193	348		1998, pursuant to the provisions of Section 230.54 of
194	349		this title in an amou nt not to exceed Two Thousand
195	350		Dollars ($2,000.00),
196		-
197	351		c. the equity value of funeral arrangements owned by a
198	352		recipient that does not exceed the limi tation
199	353		specified by Section 165 of this title, and
200		-
201	354		d. earned income disregards not to exceed One Hundred
202	355		Twenty Dollars ($120.00) and one-half (1/2) of the
203	356		remainder of the earned income;
204		-
205	357		12. An applicant who applies and is otherwise eligible to
206	358		receive TANF benefits but who has resided in this state less than
207	359		twelve (12) months shall be subject to Section 230.57 of this title;
208		-
209	360		13. The recipient shall enter into a personal responsibility
210	361		agreement with the Department for receipt of assistance pursuant to
211	362		Section 230.65 of this title;
212		-
213	363		14. The Department shall, beginning November 1, 2012, screen
214	364		all adult applicants for TANF to determine if they are engaged in
215	365		the illegal use of a controlled substance or substances. If the
216	366		Department has made a determinati on that the applicant is engaged in
217	367		the illegal use of a controlled substance or substances, the
218	368		applicant's request for TANF cash benefits shall be denied. The
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219	396		Commission for Human Services shall adopt rules to implement the
220	397		requirements of this paragrap h consistent with the following:
221		-
222	398		a. the Department shall create a controlled substance
223		-	screening process to be administered at the time of ~~ENR. H. B. NO. 1932 Page 6~~
	399	+	screening process to be administered at the time of
224	400		application. The process shall, at a minimum, include
225	401		a Substance Abuse Subtle Screening Inventory (SASSI)
226	402		or other similar screening methods. If necessary to
227	403		establish a reasonable expectation of certainty, the
228	404		Department is authorized to use further screening
229	405		methods, which may include, but are not limited to, a
230	406		clinical interview, consideration of the Department 's
231	407		history with the applicant, and an Addictions S everity
232	408		Index (ASI). If the Department has reasonable cause
233	409		to believe that the applicant is engaged in the
234	410		illegal use of a controlled substance or substances,
235	411		the Department is authorized, though not require d, to
236	412		request administration of a chemical dru g test, such
237	413		as urinalysis. The cost of all such initial
238	414		screenings shall not be borne by the applicant,
239		-
240	415		b. if at any time during the controlled substance
241	416		screening process, the applicant refuses to
242	417		participate, that refusal shall lead to a denial of
243	418		TANF benefits,
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244	445
245	446		c. if the Department, as the result of a controlled
246	447		substance screening process, has determined that the
247	448		applicant is engaged in the illegal use of a
248	449		controlled substance or substances, the applicant 's
249	450		request for TANF cash benefits shall be den ied,
250	451		subject to the following:
251		-
252	452		(1) if there has not already been a chemical drug
253	453		test administered as part of the controlled
254	454		substance screening process, the applicant may
255	455		submit proof of a negative chemical dr ug test
256	456		from a state certified laboratory to c hallenge
257	457		the Department's finding that the applicant is
258	458		engaged in the illegal use of a controlled
259	459		substance or substances. Proof of the chemical
260	460		drug test must be submitted to the Department no
261	461		later than the tenth calendar day following
262	462		denial. If denial is communicated by mail, the
263	463		ten (10) day window begins on the day after the
264	464		date of mailing of the denial notice to the
265	465		applicant's last-known address. The denial
266	466		notice is considered to be mailed on the d ate
267	467		that appears on the notice, unless otherwi se
268		-	indicated by the facts, ENR. H. B. NO. 1932 Page 7
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269	495
270	496		(2) if denied due to the provisions of this
271	497		subparagraph, an applicant shall not be approved
272	498		until one (1) year has passed since the date of
273	499		denial,
274		-
275	500		(a) if the applicant is denied due to the
276	501		provisions of this paragraph, the Depa rtment
277	502		shall provide a list of substance abuse
278	503		treatment programs to the denied applicant,
279		-
280	504		(b) if an applicant has successfully complied
281	505		with a recommended substance abuse treatment
282	506		program after the date of de nial, the
283	507		applicant may be approved for cash b enefits
284	508		after six (6) months have passed since the
285	509		date of denial, rather than the required one
286	510		(1) year, and
287		-
288	511		(3) if an applicant has been denied TANF cash
289	512		benefits two times due to the provisions of this
290	513		subparagraph, the applicant shall be ineligible
291	514		for TANF benefits for a period of three (3) years
292	515		from the date of the second denial,
293		-
294	516		d. child-only cases and minor parents under eighteen (18)
295	517		years of age are not subject to the provisions of this
296	518		paragraph, and
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297	545
298	546		e. in cases where the application for TANF be nefits is
299	547		not for child-only benefits, but there is not a parent
300	548		who has been deemed eligible for cash benefits under
301	549		the provisions of this paragraph, any cash benefits
302	550		for which the dependent children of the family are
303	551		still eligible shall not be affecte d and may be
304	552		received and administered by an appropriate third
305	553		party approved by the Department for the benefit of
306	554		the members of the household;
307		-
308	555		15. a. As a condition of participating in the STARS, all
309	556		recipients are deemed to have given authorization for
310	557		the release of any and all information necessary to
311	558		allow all state and federal agencies to meet the
312	559		program needs of the recipient.
313		-	ENR. H. B. NO. 1932 Page 8
314	560		b. The recipient shall be provided a release form to sign
315	561		in order to obtain the required information. Failure
316	562		to sign the release form may result in case closure;
317	563		and
318		-
319	564		16. The recipient shall comply with all other conditions and
320	565		requirements of the STARS, and rules of the Commission promulgated
321	566		pursuant thereto.
322		-
323	567		B. 1. Agencies of this state involved in providing services to
324	568		recipients pursuant to the STARS shall exchange information as
325	569		necessary for each agency to accomplish objectives and fulfill
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326	597		obligations created or imposed by the STARS and rules promulgated
327	598		pursuant thereto.
328		-
329	599		2. Information received pursuant to the ST ARS shall be
330	600		maintained by the applicable agency and, except as o therwise
331	601		provided by this subsection, shall be disclosed only in accordance
332	602		with any confidentiality provisions applicable to the agency
333	603		originating the information.
334		-
335	604		3. The various agencies of the state shall execute operating
336	605		agreements to facilitate inf ormation exchanges pursuant to the
337	606		STARS.
338		-
339	607		C. In implementing the TANF program, the Department shall:
340		-
341	608		1. Provide assistance to aliens pursuant t o Section 230.73 of
342	609		this title;
343		-
344	610		2. Provide for the closure of the TANF case when the adult
345	611		recipient refuses to cooperate with agreed upon work activities or
346	612		other case requirements pursuant to the TANF program;
347		-
348	613		3. Provide for the sanctioning of parents who do not require
349	614		their minor children to att end school; and
350		-
351	615		4. Deny temporary assistance to fugitive felons.
352		-
353	616		D. In order to ensure that the needy citizens of this state are
354	617		receiving necessary benefits, the Department shall maintain a
355	618		listing of all recipients receiving public assistance. The lis ting
356	619		shall reflect each recipient's income, social security numbe r, and
357		-	the programs in which the recipient is participating including, but ENR. H. B. NO. 1932 Page 9
	620	+	the programs in which the recipient is participating including, but
	621	+
	622	+	SENATE FLOOR VERSION - HB1932 SFLR Page 13
	623	+	(Bold face denotes Committee Amendments) 1
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	647	+
358	648		not limited to, TANF, food stamps, child care, and medical
359	649		assistance.
360		-
361	650		E. The Department is hereby authorized to es tablish a grant
362	651		diversion program and emergency assistance servic es.
363		-
364		-	SECTION 2. This act shall become effective November 1, 2023. ENR. H. B. NO. 1932 Page 10
365		-
366		-	Passed the House of Representatives the 14th day of March, 2023.
367		-
368		-
369		-
370		-
371		-	Presiding Officer of the House
372		-	of Representatives
373		-
374		-
375		-
376		-	Passed the Senate the 27th day of April, 2023.
377		-
378		-
379		-
380		-
381		-	Presiding Officer of the Senate
382		-
383		-
384		-	OFFICE OF THE GOVERNOR
385		-	Received by the Office o f the Governor this ____________________
386		-	day of ___________________, 20_______, at _______ o'clock _______ M.
387		-	By: _________________________________
388		-	Approved by the Governor of the State of Oklahoma this _____ ____
389		-	day of ___________________, 20_______, at _ ______ o'clock _______ M.
390		-
391		-
392		-	_________________________________
393		-	Governor of the State of Oklahoma
394		-
395		-	OFFICE OF THE SECRETARY OF STATE
396		-	Received by the Office of the Secretary of State this __________
397		-	day of ___________________, 20_______, at _______ o'clock _ ______ M.
398		-	By: _________________________________
	652	+	SECTION 2. This act shall become effective November 1, 2023.
	653	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	654	+	April 6, 2023 - DO PASS