Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB561 Latest Draft

Bill / Engrossed Version Filed 04/26/2023

                             
 
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ENGROSSED HOUSE AMENDME NT 
 TO 
ENGROSSED SENATE BILL NO . 561 By: Haste of the Senate 
 
  and 
 
  McCall of the House 
 
 
 
 
An Act relating to the Temporary Assistance for Needy 
Families (TANF) program ; amending 56 O.S. 2021, 
Section 230.52, which relates to m inimum mandatory 
requirements; modifying terminology; modifying 
certain screening procedures; requiring TANF 
employability plan to include substance abuse 
treatment for certain recipients; removing provisions 
relating to certain denials; deleting obsolete 
reference; updating statutory language; providing an 
effective date; and declaring an emergency . 
 
 
 
 
 
 
 
AUTHOR:  Add the following House Coauthor s:  Sims and Boles 
 
AMENDMENT NO. 1.  Strike the title, enacting clause, and entire bill 
and insert: 
 
 
 
 
"An Act relating to education; amending 70 O.S. 2021, 
Section 18-114.14, which relates to minimum salary 
and benefits; modifying minimum salary schedule; 
clarifying applicability; declaring legislative 
intent; providing for conditional enactment; 
providing an effective date; and declaring an 
emergency. 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:   
 
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SECTION 1.     AMENDATORY     70 O.S. 2021, Section 18 -114.14, 
is amended to read as follows: 
Section 18-114.14 A.  Beginning with the 2018-2019 2023-2024 
school year, certified personnel, as defined in Sec tion 26-103 of 
this title, in the public schools of Oklahoma sh all receive in 
salary and/or fringe benefits not less than the amounts specified in 
the following schedule: 
MINIMUM SALARY SCHEDULE 
  	National 
Years of Bachelor's Board 	Master's Doctor's 
Experience Degree Certification Degree Degree 
0 $36,601 $37,759 $37,991 $39,381 
 $38,601 $39,759 $39,991 $41,381 
1 $37,035 $38,193 $38,425 $39,815 
 $39,035 $40,193 $40,425 $41,815 
2 $37,469 $38,628 $38,859 $40,249 
 $39,469 $40,628 $40,859 $42,249 
3 $37,904 $39,062 $39,294 $40,684 
 $39,904 $41,062 $41,294 $42,684 
4 $38,338 $39,496 $39,728 $41,118 
 $40,338 $41,496 $41,728 $43,118 
5 $38,810 $39,968 $40,200 $41,590 
 $41,810 $42,968 $43,200 $44,590 
6 $39,273 $40,432 $40,663 $42,054   
 
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 $42,273 $43,432 $43,663 $45,054 
7 $39,737 $40,895 $41,127 $42,517 
 $42,737 $43,895 $44,127 $45,517 
8 $40,200 $41,358 $41,590 $42,980 
 $43,200 $44,358 $44,590 $45,980 
9 $40,663 $41,822 $42,054 $43,444 
 $43,663 $44,822 $45,054 $46,444 
10 $41,684 $42,844 $43,568 $45,945 
 $45,684 $46,844 $47,568 $49,945 
11 $42,177 $43,336 $44,061 $46,438 
 $46,177 $47,336 $48,061 $50,438 
12 $42,670 $43,829 $44,554 $46,931 
 $46,670 $47,829 $48,554 $50,931 
13 $43,162 $44,322 $45,047 $47,424 
 $47,162 $48,322 $49,047 $51,424 
14 $43,655 $44,815 $45,539 $47,916 
 $47,655 $48,815 $49,539 $51,916 
15 $44,167 $45,327 $46,052 $48,430 
 $49,167 $50,327 $51,052 $53,430 
16 $44,660 $45,820 $46,545 $48,923 
 $49,660 $50,820 $51,545 $53,923 
17 $45,153 $46,313 $47,038 $49,416 
 $50,153 $51,313 $52,038 $54,416 
18 $45,646 $46,806 $47,531 $49,909   
 
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 $50,646 $51,806 $52,531 $54,909 
19 $46,139 $47,299 $48,024 $50,402 
 $51,139 $52,299 $53,024 $55,402 
20 $46,652 $47,813 $48,538 $50,917 
 $51,652 $52,813 $53,538 $55,917 
21 $47,145 $48,306 $49,031 $51,410 
 $52,145 $53,306 $54,031 $56,410 
22 $47,639 $48,799 $49,524 $51,903 
 $52,639 $53,799 $54,524 $56,903 
23 $48,132 $49,292 $50,018 $52,397 
 $53,132 $54,292 $55,018 $57,397 
24 $48,625 $49,785 $50,511 $52,890 
 $53,625 $54,785 $55,511 $57,890 
25 $50,049 $51,232 $51,971 $54,395 
 $55,049 $56,232 $56,971 $59,395 
 	Master's Degree + 
Years of National Board 
Experience Certification 
0 $39,149 
 $41,149 
1 $39,583 
 $41,583 
2 $40,018 
 $42,018   
 
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3 $40,452 
 $42,452 
4 $40,886 
 $42,886 
5 $41,358 
 $44,358 
6 $41,822 
 $44,822 
7 $42,285 
 $45,285 
8 $42,749 
 $45,749 
9 $43,212 
 $46,212 
10 $44,728 
 $48,728 
11 $45,221 
 $49,221 
12 $45,713 
 $49,713 
13 $46,206 
 $50,206 
14 $46,699 
 $50,699   
 
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15 $47,212 
 $52,212 
16 $47,705 
 $52,705 
17 $48,198 
 $53,198 
18 $48,691 
 $53,691 
19 $49,184 
 $54,184 
20 $49,698 
 $54,698 
21 $50,192 
 $55,192 
22 $50,685 
 $55,685 
23 $51,178 
 $56,178 
24 $51,671 
 $56,671 
25 $53,153 
 $58,153 
B.  1.  When determining the Minimum Salary Schedule, "fringe 
benefits" shall mean all or part of retirement benefits, excluding   
 
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the contributions ma de pursuant to subsection A of Sect ion 17-108.1 
of this title and the flexible benefit allowance p ursuant to Section 
26-105 of this title from the flexible benefit allowance funds 
disbursed by the State Board of Educ ation and the State Board of 
Career and Technology Education pursuant to Se ction 26-104 of this 
title. 
2.  If a school district intends to provide retirement benefits 
to a teacher such that the teacher 's salary would be less than the 
amounts set forth in t he minimum salary schedule specified in 
subsection A of this section, the d istrict shall be required to 
provide written notification to th e teacher prior to his or her 
employment or, if already employed by the district, no later than 
thirty (30) days prior to the date the district elects to prov ide 
retirement benefits such that t he teacher's salary would be less 
than the minimum salary sched ule. 
C.  Any of the degrees referred to in this section shall be from 
a college recognized by the State Board of Educa tion.  The Board 
shall accept teaching e xperience from out-of-state school districts 
that are accredited by the state board of education o r appropriate 
state accrediting agency for the districts.  The Board shall accept 
teaching experience from out -of-country schools that are accredited 
or otherwise endorsed by the appropriate na tional or regional 
accrediting or endorsement authority.  Out -of-country certification 
documentation in a language other than English shall be analyzed by   
 
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an educational credential evaluation service in accordance with 
industry standards and guidelines and approved by the State 
Department of Education.  The person see king to have credit granted 
for out-of-country teaching experience shall be responsible for all 
costs of the analysis by a credential evaluation service.  The Board 
shall accept teaching experi ence from primary and secondary schools 
that are operated by th e United States Department of Defense or are 
affiliated with the United States Department of State. 
D.  For the purpose of state salary increments and retirem ent, 
no teacher shall be granted cr edit for more than five (5) years of 
active duty in the militar y service or out-of-state or out-of-
country teaching experience as a certified teacher or its 
equivalent.  Nothing in this section shall prohibit boards of 
education from crediting more years o f experience on district salary 
schedules than those allowed fo r state purposes. 
E.  The State Board of Education shall recognize, for purposes 
of certification and salary increment s, all the years of experience 
of a: 
1.  Certified teacher who teaches in t he educational program of 
the Department of Corrections, beginn ing with fiscal year 1981; 
2.  Vocational rehabilitation counselor under the Department of 
Human Services if the couns elor was employed as a certified teacher 
by the State Department of Educati on when the Division of Vocational 
Rehabilitation was transferr ed from the State Board of Career and   
 
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Technology Education or the State Board of Education to the Oklahoma 
Public Welfare Commission on July 1, 1968; 
3.  Vocational rehabilitation counselor whi ch were completed 
while employed by the Department of Human Ser vices if such counselor 
was certified as a teacher or was eligible for certification as a 
teacher in Oklahoma; 
4.  Certified teacher which were completed whil e employed by the 
Child Study Center located at University Hospital, if the teacher 
was certified as a teacher in Oklahoma; and 
5.  Certified school psychologist or psychometrist which were 
completed while employed a s a doctoral intern, psychological 
assistant, or psychologist with any agen cy of the State of Oklahoma 
if the experience primarily involve d work with persons of school - or 
preschool-age and if the person was, at the time the experience was 
acquired, certified as, or eligible for certification as , a school 
psychologist or psychome trist. 
F.  The provisions of this section shall not apply to te achers 
who have entered into postretirement employment with a public school 
in Oklahoma and are still receiving a mont hly retirement benefit. 
G.  If a person employed as certified personnel, as defined in 
Section 26-103 of this title, by a school district during the 2017-
2018 2022-2023 school year was receiving a salary above the step 
level indicated by the State Minimum Salary Schedule for the 2017-
2018 2022-2023 school year, the person shall receive a salary   
 
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increase amount equal to the amount indicated provided for in 
subsection A of this section for the step level indicated for the 
person including the full amount of i ncrease assigned to the step 
pursuant to the provi sions of this act, provided they remain the 
person remains employed by the same district , unless the hours or 
the duties of the certified personnel are redu ced proportionately. 
SECTION 2.     NEW LAW     A new section of law not to be 
codified in the Oklahoma Statu tes reads as follows: 
It is the intent of the Legislature to pr ovide funding through 
the appropriations process to fund comparable salary increases to 
teachers employed by the following state agencies: State Board of 
Career and Technology Education, State Department of Rehabilitative 
Services, State Department of Corrections, and the Office of 
Juvenile Affairs.  
SECTION 3.     NEW LAW     A new section of law not to be 
codified in the Oklahoma Statutes reads as follo ws: 
The provisions of this act shall not become effective as law 
unless both Enrolled Ho use Bill No. 1935 of the 1st Session of the 
59th Oklahoma Legislatu re and Enrolled House Bill No. 2775 of the 
1st Session of the 59th Oklahoma Legislature beco me enacted as law. 
SECTION 4.  This act shall become effective July 1, 2023. 
SECTION 5.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby   
 
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declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval." 
Passed the House of Representatives the 26th day of April, 2023. 
 
 
 
 
  
Presiding Officer of the House of 
 	Representatives 
 
 
Passed the Senate the ____ day of _______ ___, 2023. 
 
 
 
 
  
Presiding Officer of the Senate 
   
 
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ENGROSSED SENATE 
BILL NO. 561 	By: Haste of the Senate 
 
  and 
 
  McCall of the House 
 
 
 
 
An Act relating to the Temporary Assistance for Needy 
Families (TANF) program; amending 56 O.S. 2021, 
Section 230.52, which relates to m inimum mandatory 
requirements; modifying terminology; modifying 
certain screening procedures; requiring TANF 
employability plan to include substance abuse 
treatment for certain recipients; removing provisions 
relating to certain denials; deleting obsolete 
reference; updating statutory language; providing an 
effective date; and de claring an emergency . 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 6.    AMENDATORY    56 O.S. 2021, Section 23 0.52, is 
amended to read as follows: 
Section 230.52. A.  Except for specific exc eptions, conditions 
or restrictions authorized by the Statewide Tempor ary Assistance 
Responsibility System (STARS) a nd rules promulgated by the 
Commission for Director of the Departm ent of Human Services pursuant 
thereto, the following are the minimum mand atory requirements for 
the Temporary Assistance for Needy Families (TA NF) program: 
1.  A recipient shall be eligible to receive assistance pursuant 
to the TANF program only for a lif etime total of five (5) years,   
 
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subject to the exemptions allowed by federa l law.  Child-only cases 
are not subject to the five -year limitation; 
2.  Single parents receiving temporary assista nce pursuant to 
the TANF program shall participate in work activit ies for a minimum 
of twenty (20) hours per week during the month.  Two-parent families 
receiving temporary assistance pursuant to the TANF progr am 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 i n paragraph 4 of this subsection as soon as 
required by the Department of Human Services pursuant to the TANF 
program, but not later than twenty-four (24) months after 
certification of the application for assistance, u nless the person 
is exempt from work r equirements under rules promulgated by the 
Commission Director pursuant to the STARS; 
4.  The Department shall devel op and describe categories of 
approved work activities for the TAN F program recipients in 
accordance with this paragraph.  Work activities t hat qualify in 
meeting the requirements include, but are not limited t o: 
a. (1) unsubsidized employment which is ful l-time 
employment or part-time employment that is not 
directly supplemented by federal or state funds, 
(2) subsidized private sector employm ent 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 sub sidy or incentive, the 
employer shall enter into a written contract with 
the Department, and 
(3) subsidized public sector employment which is 
employment by an agency of a federal, state, or 
local governmental entity which is directly 
supplemented by federa l or state funds.  Prior to 
receiving any subsidy or incentive, the employ er 
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: 
(a) the federal minimum wage requirements 
pursuant to the Fair Labor Standards Ac t of 
1938, as amended, 
(b) the federal Social Security tax and Medicare 
tax, and 
(c) regulations promulgated pursuant to the 
federal Occupational Sa fety 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 experience, 
c. on-the-job training, 
d. assisted job search which may include superv ised or 
unsupervised job-seeking activities, 
e. job readiness assistance which may 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 writing a resume, and 
(3) instruction in conducting oneself during a job 
interview, including appropriate dress, and 
(4) substance abuse treatment a nd 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 ski lls 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 twelve 
(12) months for any individual, which are directed 
toward vocational-educational training and education 
directly related to employmen t, 
j. education programs which are directly related to 
specific employment opportunities, if a recipient has 
not received a high school diploma or General 
Equivalency Degree General Educational Development 
certificate, and 
k. child care for other STARS rec ipients.  The recipient 
must meet training and licensing requirements for 
child care providers as required b y 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 act ivities for a lifetime total 
exemption of twelve (12) mon ths;   
 
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6.  In order to receive assistance, unmarried teen parents of a 
minor child at least twelve (12) weeks of a ge must participate in 
educational activities or work activi ties 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 twen ty (20) hours of work 
activity. For two-parent families, educational activities, excep t 
vocational-technical training, do not count toward meet ing the 
required thirty-five (35) hours of work act ivity; 
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.  A recipient must comply with immunization requirements 
established pursuant to the TANF prog ram; 
10.  A recipient shall be subject to the increment in be nefits 
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 ($5,000.00) pursuant to 
Section 230.53 of this title, 
b. individual development accounts est ablished pursuant 
to the Family Savings Initiative Act, or individual 
development accounts established prior to No vember 1,   
 
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1998, pursuant to the provisions of Section 230.54 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 excee d the limitation 
specified by Section 165 of this title, and 
d. earned income disregards not to e xceed 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 h as resided in this state less than 
twelve (12) months shall b e subject to Section 230.57 of this title; 
13. 12.  The recipient shall enter into a pe rsonal 
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 on the 
effective date of this act, screen all adult applicants for TANF 
recipients as part of the required TANF employability plan to 
determine if they are engaged in the illega l use of a controlled 
substance or substances.  If the Department has made a determination 
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.  The Commission for Human Services 
recipient’s TANF employability plan shall include substance abuse   
 
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treatment and, if appropriate, mental health counseling, as part of 
the assigned work activities required by paragraph 4 of this 
subsection.  The Director shall adopt rules to implement the 
requirements of this paragraph consi stent with the following: 
a. the Department shall create a c ontrolled 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, inc lude 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, whi ch 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 ille gal use 
of a controlled substance or substances, the 
Department is authorize d, 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, and   
 
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b. if at any time during the controlled substance 
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 process, has determined that the 
applicant is engaged i n 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 dr ug 
test administered as part of the controlled 
substance screening process, the applica nt 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 communicate d by mail, the 
ten (10) day window begins on the day after th e 
date of mailing of the denial notice to the 
applicant’s last-known address.  The deni al   
 
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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 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 Department 
shall provide a list of substance abuse 
treatment programs to the denie d applicant, 
(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 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 fo r a period of three (3) years 
from the date of the second den ial,   
 
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d. child-only cases and minor parents under eighteen (1 8) 
years of age are not sub ject 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 eligible for cash benefits under 
the provisions of th is paragraph, any cash bene fits 
for which the dependent children of the family are 
still eligible shall not be affected and may be 
received and administered by an appropriate third 
party approved by the Department for the benefit of 
the members of the hous ehold; 
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 information necessary to 
allow all state and fe deral agencies to meet the 
program needs of the recipient. 
b. The recipient shall be pr ovided 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. 15.  The recipient shall comply with all other conditions 
and requirements of the ST ARS, and rules of the Commission 
promulgated pursuant thereto.   
 
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B.  1.  Agencies of this state involved in providing services to 
recipients pursuant to the STARS shall exchange i nformation as 
necessary for each agency to accomplish objectives and fulfill 
obligations created or impose d by the STARS and rules promulgated 
pursuant thereto. 
2.  Information received pursuant to the STARS shall be 
maintained by the applicable agency and , except as otherwise 
provided by this subsection, shall be disclosed only in a ccordance 
with any confidentiality provisions applicable to the agency 
originating the information. 
3.  The various agencies of the sta te shall execute operating 
agreements to facilitate information exchanges pursuant to the 
STARS. 
C.  In implementing the TANF program, the Departmen t shall: 
1.  Provide assistance to aliens pursuant to Section 230.73 of 
this title; 
2.  Provide for the clos ure 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 attend school ; and 
4.  Deny temporary assistance to fug itive felons. 
D.  In order to ensure that the needy citizens of this state are 
receiving necessary benefit s, the Department shall maintain a   
 
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listing of all recipients receiving public assistance.  The listing 
shall reflect each recipient ’s income, social security number, and 
the programs in which the recipient is participating includ ing, but 
not limited to, TANF, food stamps, child care, and medical 
assistance. 
E.  The Department is hereby authorized to establish a grant 
diversion program and emergency assi stance services. 
SECTION 7. This act shall become effective Ju ly 1, 2023. 
SECTION 8.  It being immediately necessary for the preservation 
of the public peace, health or safety, a n emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after it s passage and approval. 
Passed the Senate the 22nd day of March, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives