As Introduced 1
122nd General Assembly 4
Regular Session S. B. No.52 5
1997-1998 6
SENATOR CARNES 8
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A B I L L
To amend sections 5107.02 and 5115.03 and to enact 13
sections 5101.20, 5107.36, 5107.37, and 5115.04
of the Revised Code to deny eligibility for 14
certain public assistance to fugitive felons, 15
probation and parole violators, and drug felons; 16
to require the Department of Human Services to 17
exchange data with law enforcement agencies
concerning fugitive felons, probation and parole 18
violators, and drug felons; to require the
Department to provide information regarding 19
public assistance recipients to law enforcement 20
agencies for purposes of investigations, 21
prosecutions, or criminal or civil proceedings;
and to require the Department to exchange 22
information regarding public assistance
recipients with the Auditor of State and other 23
government entities performing similar functions. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 5107.02 and 5115.03 be amended 29
and sections 5101.20, 5107.36, 5107.37, and 5115.04 of the 30
Revised Code be enacted to read as follows:
Sec. 5101.20. (A) AS USED IN THIS SECTION: 32
(1) "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN 34
SERVICES ESTABLISHED UNDER CHAPTER 329. OF THE REVISED CODE OR A 35
PUBLIC CHILDREN SERVICES AGENCY, AS DEFINED IN SECTION 2151.011 36
OF THE REVISED CODE. 37
2
(2) "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION 39
149.011 OF THE REVISED CODE, ANY OTHER DOCUMENTS IN ANY FORMAT, 41
AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT ARE GENERATED, 42
ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN
SERVICES, A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON 44
BEHALF OF THE STATE DEPARTMENT OR A COUNTY AGENCY. 45
(3) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY 48
PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS AS DEFINED IN 49
SECTION 109.71 OF THE REVISED CODE, THE ATTORNEY GENERAL, SIMILAR 50
AGENCIES OF OTHER STATES, FEDERAL LAW ENFORCEMENT AGENCIES, AND 51
POSTAL INSPECTORS. "LAW ENFORCEMENT AGENCY" INCLUDES THE PEACE 52
OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS EMPLOYED BY THE 53
AGENCY.
(4) "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE, 55
MEDICAL ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM 56
ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT 57
TO CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. OF THE 59
REVISED CODE OR AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF 60
THE REVISED CODE.
(5) "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR 62
OR RECIPIENT OR FORMER RECIPIENT OF PUBLIC ASSISTANCE. 64
(B) THE STATE DEPARTMENT SHALL ENTER INTO AGREEMENTS WITH 68
LAW ENFORCEMENT AGENCIES TO EXCHANGE, OBTAIN, OR SHARE
INFORMATION REGARDING PUBLIC ASSISTANCE RECIPIENTS TO ENABLE THE 70
STATE DEPARTMENT, COUNTY AGENCIES, AND LAW ENFORCEMENT AGENCIES 71
TO DETERMINE WHETHER A RECIPIENT OR A MEMBER OF A RECIPIENT'S 73
ASSISTANCE GROUP IS ANY OF THE FOLLOWING: 74
(1) FLEEING TO AVOID PROSECUTION, OR CUSTODY OR 76
CONFINEMENT AFTER CONVICTION, UNDER THE LAWS OF THE PLACE FROM 77
WHICH THE INDIVIDUAL IS FLEEING, FOR A CRIME OR AN ATTEMPT TO 78
COMMIT A CRIME THAT IS A FELONY UNDER THE LAWS OF THE PLACE FROM 79
WHICH THE INDIVIDUAL IS FLEEING OR, IN THE CASE OF NEW JERSEY, A 80
HIGH MISDEMEANOR; 81
(2) VIOLATING A CONDITION OF PROBATION, A COMMUNITY 83
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CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION 84
IMPOSED UNDER STATE OR FEDERAL LAW;
(3) CONVICTED AFTER OCTOBER 1, 1996, OF A VIOLATION OF 87
CHAPTER 2925., 3719., OR 4729. OF THE REVISED CODE, ANY OTHER 88
SECTION OF THE REVISED CODE OR THE LAWS OF ANOTHER STATE, OR 90
FEDERAL LAW THAT BOTH:
(a) HAS AS AN ELEMENT THE POSSESSION, USE, OR DISTRIBUTION 93
OF A CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 102(6) OF THE 94
"CONTROLLED SUBSTANCES ACT," 80 STAT. 1242 (1970), 21 U.S.C.A. 96
802(6), AS AMENDED; 97
(b) IS CLASSIFIED BY THE JURISDICTION INVOLVED AS A 100
FELONY.
(C) THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE 103
INFORMATION REGARDING RECIPIENTS OF PUBLIC ASSISTANCE UNDER A 104
PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY
PURSUANT TO CHAPTER 5107. OR 5115. OF THE REVISED CODE TO LAW 105
ENFORCEMENT AGENCIES FOR THE PURPOSES OF INVESTIGATIONS, 106
PROSECUTIONS, AND CRIMINAL AND CIVIL PROCEEDINGS. 107
(D) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 109
DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE ACCESS TO 110
INFORMATION TO THE AUDITOR OF STATE ACTING PURSUANT TO CHAPTER 111
117. OR SECTIONS 5101.181 AND 5101.182 OF THE REVISED CODE AND TO 112
ANY OTHER GOVERNMENT ENTITY AUTHORIZED BY STATE OR FEDERAL LAW TO 113
CONDUCT AN AUDIT OF OR SIMILAR ACTIVITY INVOLVING A PUBLIC
ASSISTANCE PROGRAM. 114
Sec. 5107.02. (A) The department of human services shall: 123
(1) Prepare and submit to the United States secretary of 125
health and human services a plan for aid to dependent children; 126
(2) Prescribe forms for applications, certificates, 128
reports, records, and accounts of the county administration, and 129
other matters; 130
(3) Make such reports, in such form and containing such 132
information as the administration may find necessary to assure 133
the correctness and verification of such reports; 134
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(4) Require such reports and information from each county 136
administration as may be necessary or advisable; 137
(5) Provide, by rules or otherwise, for putting into 139
effect such methods of administration and procedure as are found 140
by the administration or the department to be necessary to the 141
efficient operation of the plan in the respective counties; 142
(6) Afford a fair hearing to any individual entitled 144
thereto under section 5107.05 of the Revised Code, in which case 145
the finding and order of the department shall be final; 146
(7) Administer and expend, pursuant to this chapter, any 148
sums appropriated by the general assembly for the purpose of this 149
chapter and all sums paid to the state by the secretary of the 151
treasury of the United States as authorized by Title IV-A of the 153
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 155
amended;
(8) Conduct such investigations as are necessary; 157
(9) Enter into reciprocal agreements with other states 159
relative to the provision of aid to dependent children to 160
residents and nonresidents; 161
(10) Adopt rules establishing eligibility requirements for 163
aid and the method of determining the amount of aid an assistance 164
group may receive under this chapter. The rules shall specify 165
what is considered countable income for the purpose of 166
determining financial eligibility and the amount of assistance an 167
assistance group may receive under this chapter. The rules shall 168
be consistent with Title IV-A of the "Social Security Act," 171
regulations promulgated by and the plan for aid to dependent 172
children approved by the United States secretary of health and 173
human services under Title IV-A of that act, this chapter, and 174
any other section of the Revised Code establishing conditions and 175
requirements of aid under this chapter. 177
(B)(1) The department shall determine a minimum standard 179
as of January 1, 1979, and shall update the minimum standard 180
annually. "Minimum standard" means the minimum amounts of income 181
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and resources necessary for persons to maintain health and 182
decency. 183
(2) The department shall establish, by rule, a payment 185
standard based on state appropriations that is the maximum amount 186
of aid an assistance group may receive under this chapter. 187
(C) For the purpose of investigations, any authorized 189
representative of the department shall have access to all records 190
and information bearing thereon. 191
The department may adopt reasonable rules governing the 193
custody, use, and preservation of the records, papers, files, and 194
communications of the department, the county administration for 195
aid to dependent children, and all other state and county 196
officials participating in the administration of this chapter. 197
Wherever names and addresses of recipients of aid to dependent 198
children or applicants for such aid or any other disclosure of 199
information concerning such recipients or applicants are 200
furnished to or held by any other agency, department, or officer 201
of government, such agency, department, or officer of government 202
shall adopt rules necessary to prevent the publication of lists 203
thereof or the disclosure of information concerning applicants 204
and recipients or the use of such lists or information for 205
purposes not directly connected with law enforcement or the 206
administration of aid to dependent children. 208
No person shall, except EXCEPT IN ACCORDANCE WITH RULES OF 210
THE DEPARTMENT for purposes directly connected with the 211
administration of public assistance, and in accordance with the 213
rules of the department OR AS REQUIRED BY SECTION 5101.20 OF THE 214
REVISED CODE, NO PERSON SHALL solicit, disclose, receive, make 215
use of, or authorize, knowingly permit, participate in, or 216
acquiesce in the use of, any list of or names of, persons 217
applying for or receiving such assistance, directly or indirectly 218
derived from the records, papers, files, or communications of the 219
department or county administrations or agencies thereof, or 220
acquired in the course of the performance of official duties. 221
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(D) Each county administration shall comply with the 223
rules, determinations, and orders of the department. 224
Sec. 5107.36. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE 226
UNDER THIS CHAPTER IF ANY OF THE FOLLOWING APPLY: 227
(A) THE INDIVIDUAL IS FLEEING TO AVOID PROSECUTION, OR 230
CUSTODY OR CONFINEMENT AFTER CONVICTION, UNDER THE LAWS OF THE
PLACE FROM WHICH THE INDIVIDUAL IS FLEEING, FOR A CRIME OR AN 231
ATTEMPT TO COMMIT A CRIME THAT IS A FELONY UNDER THE LAWS OF THE 232
PLACE FROM WHICH THE INDIVIDUAL IS FLEEING OR, IN THE CASE OF NEW 233
JERSEY, A HIGH MISDEMEANOR; 234
(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, 236
A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL 237
SANCTION IMPOSED UNDER FEDERAL OR STATE LAW; 238
(C) THE INDIVIDUAL WAS CONVICTED AFTER OCTOBER 1, 1996, OF 241
A VIOLATION OF CHAPTER 2925., 3719., OR 4729. OF THE REVISED 242
CODE, ANY OTHER SECTION OF THE REVISED CODE OR THE LAWS OF 243
ANOTHER STATE, OR FEDERAL LAW THAT BOTH:
(1) HAS AS AN ELEMENT THE POSSESSION, USE, OR DISTRIBUTION 246
OF A CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 102(6) OF THE 247
"CONTROLLED SUBSTANCES ACT," 80 STAT. 1242 (1970), 21 U.S.C.A. 248
802(6), AS AMENDED; 249
(2) IS CLASSIFIED BY THE JURISDICTION INVOLVED AS A 251
FELONY. 252
Sec. 5107.37. AN INDIVIDUAL WHO RESIDES IN A COUNTY HOME, 254
CITY INFIRMARY, JAIL, OR OTHER PUBLIC INSTITUTION IS NOT ELIGIBLE 255
FOR ASSISTANCE UNDER THIS CHAPTER. 256
Sec. 5115.03. (A) The state department of human services 265
shall do all of the following: 266
(1) Adopt rules governing the administration of disability 268
assistance, including the administration of financial assistance 269
and disability assistance medical assistance. The rules shall be 271
binding on county departments of human services. 272
(2) Make investigations to determine whether disability 274
assistance is being administered in compliance with the Revised 275
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Code and rules adopted by the state department. 276
(3) Administer disability assistance in a county where the 278
county department of human services fails to perform the 279
administrative functions required of it under section 5115.02 of 280
the Revised Code. 281
(B) If the state department administers disability 283
assistance in a county pursuant to division (A)(3) of this 284
section, it may expend any local funds available for 285
administration of disability assistance, and for a period not to 286
exceed three months, if necessary, may pay the entire 287
administrative cost of disability assistance in the county from 288
state appropriations for disability assistance. The county shall 289
promptly reimburse the department for any funds spent by the 290
state during any period the department administers disability 291
assistance in the county. 292
(C) The state department shall adopt rules in accordance 294
with section 111.15 of the Revised Code governing the custody, 295
use, and preservation of disability assistance records, papers, 296
files, and communications of the state department, county 297
departments, and all other state and county offices and officials 298
participating in administration of disability assistance. Each 299
government entity that acquires or maintains records that include 300
names of or other information about disability assistance 301
applicants or recipients shall adopt such rules as are necessary 302
to prevent disclosure of the names or information except as 303
required for LAW ENFORCEMENT OR administration of disability 304
assistance or as required by other sections of the Revised Code. 305
Except for purposes directly connected with administration 307
of disability assistance or as required by SECTION 5101.20 OR any 308
other section of the Revised Code, no person shall solicit, 309
disclose, receive, make use of, or knowingly permit, participate 310
in, or acquiesce in the use of names or other information about 311
disability assistance applicants or recipients that is derived 312
from the records, papers, files, or communications of any 313
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government entity or acquired in the course of performing 314
official duties. Any use of names or other information about 315
disability assistance applicants or recipients that is permitted 316
by this division, OTHER THAN INFORMATION OBTAINED UNDER SECTION 317
5101.20 OF THE REVISED CODE, shall be in accordance with the 318
rules adopted by the state department. 319
Sec. 5115.04. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE 321
UNDER THIS CHAPTER IF ANY OF THE FOLLOWING APPLY: 322
(A) THE INDIVIDUAL IS FLEEING TO AVOID PROSECUTION, OR 325
CUSTODY OR CONFINEMENT AFTER CONVICTION, UNDER THE LAWS OF THE
PLACE FROM WHICH THE INDIVIDUAL IS FLEEING, FOR A CRIME OR AN 327
ATTEMPT TO COMMIT A CRIME THAT IS A FELONY UNDER THE LAWS OF THE
PLACE FROM WHICH THE INDIVIDUAL IS FLEEING OR, IN THE CASE OF NEW 328
JERSEY, A HIGH MISDEMEANOR; 329
(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, 331
A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL 332
SANCTION IMPOSED UNDER FEDERAL OR STATE LAW; 333
(C) THE INDIVIDUAL WAS CONVICTED AFTER OCTOBER 1, 1996, OF 336
A VIOLATION OF CHAPTER 2925., 3719., OR 4729. OF THE REVISED 337
CODE, ANY OTHER SECTION OF THE REVISED CODE OR THE LAWS OF 338
ANOTHER STATE, OR FEDERAL LAW THAT BOTH:
(1) HAS AS AN ELEMENT THE POSSESSION, USE, OR DISTRIBUTION 341
OF A CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 102(6) OF THE 342
"CONTROLLED SUBSTANCES ACT," 80 STAT. 1242 (1970), 21 U.S.C.A. 343
802(6), AS AMENDED; 344
(2) IS CLASSIFIED BY THE JURISDICTION INVOLVED AS A 346
FELONY. 347
Section 2. That existing sections 5107.02 and 5115.03 of 350
the Revised Code are hereby repealed.
Section 3. Because the Temporary Assistance to Needy 352
Families Program has replaced the Aid to Dependent Children 353
Program pursuant to Executive Order 96-73V, signed September 13, 354
1996, references to the Aid to Dependent Children Program in 355
Section 1 of this act shall be deemed to refer to the Temporary
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Assistance to Needy Families Program. 356