Oklahoma 2023 Regular Session

Oklahoma House Bill HB1932 Latest Draft

Bill / Enrolled Version Filed 05/02/2023

                            An Act 
ENROLLED HOUSE 
BILL NO. 1932 	By: McCall, Hefner, and Wolfley 
of the House 
 
   and 
 
  Treat and Daniels 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. 
 
 
 
 
SUBJECT: Poor persons 
 
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: 
 
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  ENR. H. B. NO. 1932 	Page 2 
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, 
 
(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 e ntity 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 this subparagraph shall only be 
approved by the Department as work activity if such 
employment is subject to: 
  ENR. H. B. NO. 1932 	Page 3 
(a) the federal minimum wage requirements 
pursuant to the Fair Labor Standards Act of 
1938, as amended, 
 
(b) the federal Social Security tax and Medicare 
tax, and 
 
(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 f or which there 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, 
 
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  ENR. H. B. NO. 1932 	Page 4 
and activities that su bstantially 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 educat ion 
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 total 
exemption of twelve (12) months; 
 
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;  ENR. H. B. NO. 1932 	Page 5 
 
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 ($5,00 0.00) pursuant to 
Section 230.53 of this title, 
 
b. individual development accounts established pursuant 
to the Family Savings Initiative Act, or i ndividual 
development accounts established prior to November 1, 
1998, pursuant to the provisions of Section 23 0.54 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 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 re ceipt of assistance pursuant to 
Section 230.65 of this title; 
 
14.  The Department shall, beginning November 1, 201 2, 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 determination that the applicant is engaged in 
the illegal use of a controlled substance or s ubstances, the 
applicant's request for TANF cash benefits shall be denied.  The 
Commission for Human Services shall adopt rules to implement the 
requirements of this paragraph consistent with the following: 
 
a. the Department shall create a controlled subst ance 
screening process to be administered at the time of  ENR. H. B. NO. 1932 	Page 6 
application.  The process shall, at a minimum, include 
a Substance Abuse Subtle Scr eening 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, c onsideration of the Department's 
history with the applicant, and an Addictions S everity 
Index (ASI).  If the Departm ent 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 dru g test, such 
as urinalysis.  The cos t 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, 
 
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 submitte d 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,  ENR. H. B. NO. 1932 	Page 7 
 
(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 subst ance abuse 
treatment programs to the denied applicant, 
 
(b) if an applicant has successfully complied 
with a recommended substance abus e treatment 
program after the date of de nial, the 
applicant may be approved for cash b enefits 
after six (6) months have pa ssed 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 subjec t to the provisions of this 
paragraph, and 
 
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 benefi ts 
for which the dependent children of the family are 
still eligible shall not be affecte d and may be 
received and administer ed 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 informat ion necessary to 
allow all state and federal agencies to meet the 
program needs of the recipient. 
  ENR. H. B. NO. 1932 	Page 8 
b. The recipient shall be provi ded 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 
 
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 
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 appli cable agency and, except as o therwise 
provided by this subsection, shall be disclosed only in accordance 
with any confidential ity 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 a ssistance to fugitive felons. 
 
D.  In order to ensure that the needy citizens of this state are 
receiving necessary bene fits, the Department shall maintain a 
listing of all recipients receiving public assistance.  The lis ting 
shall reflect each recipient 's income, Social Security number, and 
the programs in which the recipient is participating including, but  ENR. H. B. NO. 1932 	Page 9 
not limited to, TANF, food stamps, child care, and medical 
assistance. 
 
E.  The Department is hereby authorized to es tablish a grant 
diversion program an d emergency assistance servic es. 
 
SECTION 2.  This act shall become effective November 1, 2023.  ENR. H. B. NO. 1932 	Page 10 
 
Passed the House of Representatives the 14th day of March, 2023. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 27th day of April, 2023. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office o f the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _ ______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _ ______ M. 
By: _________________________________