As Reported by the Senate Human Services and Aging Committee 1
122nd General Assembly 4
Regular Session Sub. 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 12
sections 5101.20, 5101.21, 5107.36, 5107.37,
5115.04, and 5120.37 of the Revised Code to deny 13
eligibility for certain public assistance to 14
fugitive felons and probation and parole 15
violators; to require the Department of Human
Services to exchange data with law enforcement 16
agencies concerning fugitive felons and probation 17
and parole violators; to require the Department 18
to provide information regarding public
assistance recipients to law enforcement agencies 19
for purposes of investigations, prosecutions, or 20
criminal or civil proceedings; to require the 21
Department to exchange information regarding
public assistance recipients with the Auditor of 22
State and other government entities performing
similar functions; to require the Auditor of 23
State to report certain information to the 24
Governor and the General Assembly; and to require
the Department of Rehabilitation and Correction 25
to enter into agreements to share information
with the Department of Human Services. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 5107.02 and 5115.03 be amended 31
and sections 5101.20, 5101.21, 5107.36, 5107.37, 5115.04, and 32
5120.37 of the Revised Code be enacted to read as follows:
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Sec. 5101.20. (A) AS USED IN THIS SECTION: 34
(1) "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN 36
SERVICES ESTABLISHED UNDER CHAPTER 329. OF THE REVISED CODE OR A 37
PUBLIC CHILDREN SERVICES AGENCY, AS DEFINED IN SECTION 2151.011 38
OF THE REVISED CODE. 39
(2) "FUGITIVE FELON" MEANS AN INDIVIDUAL WHO IS FLEEING TO 41
AVOID PROSECUTION, OR CUSTODY OR CONFINEMENT AFTER CONVICTION, 42
UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING, 43
FOR A CRIME OR AN ATTEMPT TO COMMIT A CRIME THAT IS A FELONY 45
UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING 46
OR, IN THE CASE OF NEW JERSEY, A HIGH MISDEMEANOR, REGARDLESS OF 47
WHETHER THE INDIVIDUAL HAS DEPARTED FROM THE INDIVIDUAL'S USUAL 48
PLACE OF RESIDENCE. 49
(3) "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION 51
149.011 OF THE REVISED CODE, ANY OTHER DOCUMENTS IN ANY FORMAT, 53
AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT ARE GENERATED, 54
ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN
SERVICES, A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON 56
BEHALF OF THE STATE DEPARTMENT OR A COUNTY AGENCY. 57
(4) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY 60
PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS AS DEFINED IN 61
SECTION 109.71 OF THE REVISED CODE, A PROSECUTING ATTORNEY, THE 62
ATTORNEY GENERAL, SIMILAR AGENCIES OF OTHER STATES, FEDERAL LAW 64
ENFORCEMENT AGENCIES, AND POSTAL INSPECTORS. "LAW ENFORCEMENT
AGENCY" INCLUDES THE PEACE OFFICERS AND OTHER LAW ENFORCEMENT 65
OFFICERS EMPLOYED BY THE AGENCY. 66
(5) "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE, 68
MEDICAL ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM 69
ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT 70
TO CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. OF THE 72
REVISED CODE OR AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF 73
THE REVISED CODE.
(6) "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR 75
OR RECIPIENT OR FORMER RECIPIENT OF PUBLIC ASSISTANCE. 77
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(B) THE STATE DEPARTMENT SHALL ENTER INTO WRITTEN 80
AGREEMENTS WITH LAW ENFORCEMENT AGENCIES TO EXCHANGE, OBTAIN, OR 81
SHARE INFORMATION REGARDING PUBLIC ASSISTANCE RECIPIENTS TO 83
ENABLE THE STATE DEPARTMENT, COUNTY AGENCIES, AND LAW ENFORCEMENT 84
AGENCIES TO DETERMINE WHETHER A RECIPIENT OR A MEMBER OF A 86
RECIPIENT'S ASSISTANCE GROUP IS EITHER OF THE FOLLOWING: 87
(1) A FUGITIVE FELON; 89
(2) VIOLATING A CONDITION OF PROBATION, A COMMUNITY 91
CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION 92
IMPOSED UNDER STATE OR FEDERAL LAW.
(C) THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE 95
INFORMATION REGARDING RECIPIENTS OF PUBLIC ASSISTANCE UNDER A 96
PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY
PURSUANT TO CHAPTER 5107. OR 5115. OF THE REVISED CODE TO LAW 97
ENFORCEMENT AGENCIES ON REQUEST FOR THE PURPOSES OF 99
INVESTIGATIONS, PROSECUTIONS, AND CRIMINAL AND CIVIL PROCEEDINGS 100
THAT ARE WITHIN THE SCOPE OF THE LAW ENFORCEMENT AGENCIES' 101
OFFICIAL DUTIES.
(D) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 103
DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE ACCESS TO 104
INFORMATION TO THE AUDITOR OF STATE ACTING PURSUANT TO CHAPTER 105
117. OR SECTIONS 5101.181 AND 5101.182 OF THE REVISED CODE AND TO 106
ANY OTHER GOVERNMENT ENTITY AUTHORIZED BY STATE OR FEDERAL LAW TO 107
CONDUCT AN AUDIT OF OR SIMILAR ACTIVITY INVOLVING A PUBLIC
ASSISTANCE PROGRAM. 108
(E) INFORMATION ABOUT A RECIPIENT SHALL BE EXCHANGED, 110
OBTAINED, OR SHARED ONLY IF THE STATE DEPARTMENT, COUNTY AGENCY, 112
OR LAW ENFORCEMENT AGENCY REQUESTING THE INFORMATION GIVES 113
SUFFICIENT INFORMATION TO SPECIFICALLY IDENTIFY THE RECIPIENT. 114
IN ADDITION TO THE RECIPIENT'S NAME, IDENTIFYING INFORMATION MAY 115
INCLUDE THE RECIPIENT'S CURRENT OR LAST KNOWN ADDRESS, SOCIAL
SECURITY NUMBER, OTHER IDENTIFYING NUMBER, AGE, GENDER, PHYSICAL 116
CHARACTERISTICS, ANY INFORMATION SPECIFIED IN AN AGREEMENT 117
ENTERED INTO UNDER DIVISION (B) OF THIS SECTION, OR ANY 118
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INFORMATION CONSIDERED APPROPRIATE BY THE DEPARTMENT OR AGENCY. 119
(F)(1) THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES 121
ARE NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, 122
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM 123
THE RELEASE OF INFORMATION IN ACCORDANCE WITH DIVISION (E) OF 124
THIS SECTION. THIS SECTION DOES NOT AFFECT ANY IMMUNITY OR 125
DEFENSE THAT THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES 127
MAY BE ENTITLED TO UNDER ANOTHER SECTION OF THE REVISED CODE OR 128
THE COMMON LAW OF THIS STATE, INCLUDING SECTION 9.86 OF THE 130
REVISED CODE.
(2) THE COUNTY AGENCIES AND THEIR EMPLOYEES ARE NOT LIABLE 132
IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO 133
PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE RELEASE OF 134
INFORMATION IN ACCORDANCE WITH DIVISIONS (B), (C), AND (E) OF 135
THIS SECTION. "EMPLOYEE" HAS THE SAME MEANING AS IN DIVISION (B) 137
OF SECTION 2744.01 OF THE REVISED CODE. THIS SECTION DOES NOT 139
AFFECT ANY IMMUNITY OR DEFENSE THAT THE COUNTY AGENCIES AND THEIR 140
EMPLOYEES MAY BE ENTITLED TO UNDER ANOTHER SECTION OF THE 141
REVISED CODE OR THE COMMON LAW OF THIS STATE, INCLUDING SECTION 143
2744.02 AND DIVISION (A)(6) OF SECTION 2744.03 OF THE REVISED 144
CODE.
(G) THE AUDITOR OF STATE SHALL PREPARE AN ANNUAL REPORT ON 147
THE OUTCOME OF THE AGREEMENTS REQUIRED UNDER DIVISION (B) OF THIS 148
SECTION. THE REPORT SHALL INCLUDE THE NUMBER OF FUGITIVE FELONS 149
AND PROBATION AND PAROLE VIOLATORS APPREHENDED DURING THE 150
IMMEDIATELY PRECEDING YEAR AS A RESULT OF THE EXCHANGE OF 151
INFORMATION PURSUANT TO THAT DIVISION. THE AUDITOR OF STATE 153
SHALL FILE THE REPORT WITH THE GOVERNOR, THE PRESIDENT AND 154
MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND MINORITY 155
LEADER OF THE HOUSE OF REPRESENTATIVES. THE STATE DEPARTMENT, 156
COUNTY AGENCIES, AND LAW ENFORCEMENT AGENCIES SHALL COOPERATE 157
WITH THE AUDITOR'S OFFICE IN GATHERING THE INFORMATION REQUIRED 158
UNDER THIS DIVISION.
Sec. 5101.21. AN INDIVIDUAL OTHERWISE INELIGIBLE FOR AID 160
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UNDER CHAPTER 5107. OF THE REVISED CODE OR FOOD STAMPS BENEFITS 163
UNDER THE "FOOD STAMP ACT OF 1977," 78 STAT. 703, 7 U.S.C. 2011, 168
AS AMENDED, BECAUSE OF PARAGRAPH (a) OF SECTION 115 OF THE 169
"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT 174
OF 1996," 110 STAT. 2105, 21 U.S.C. 862a, IS ELIGIBLE FOR THE AID 177
OR BENEFITS IF THE INDIVIDUAL MEETS ALL OTHER ELIGIBILITY 178
REQUIREMENTS FOR THE AID OR BENEFITS.
Sec. 5107.02. (A) The department of human services shall: 187
(1) Prepare and submit to the United States secretary of 189
health and human services a plan for aid to dependent children; 190
(2) Prescribe forms for applications, certificates, 192
reports, records, and accounts of the county administration, and 193
other matters; 194
(3) Make such reports, in such form and containing such 196
information as the administration may find necessary to assure 197
the correctness and verification of such reports; 198
(4) Require such reports and information from each county 200
administration as may be necessary or advisable; 201
(5) Provide, by rules or otherwise, for putting into 203
effect such methods of administration and procedure as are found 204
by the administration or the department to be necessary to the 205
efficient operation of the plan in the respective counties; 206
(6) Afford a fair hearing to any individual entitled 208
thereto under section 5107.05 of the Revised Code, in which case 209
the finding and order of the department shall be final; 210
(7) Administer and expend, pursuant to this chapter, any 212
sums appropriated by the general assembly for the purpose of this 213
chapter and all sums paid to the state by the secretary of the 215
treasury of the United States as authorized by Title IV-A of the 217
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 219
amended;
(8) Conduct such investigations as are necessary; 221
(9) Enter into reciprocal agreements with other states 223
relative to the provision of aid to dependent children to 224
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residents and nonresidents; 225
(10) Adopt rules establishing eligibility requirements for 227
aid and the method of determining the amount of aid an assistance 228
group may receive under this chapter. The rules shall specify 229
what is considered countable income for the purpose of 230
determining financial eligibility and the amount of assistance an 231
assistance group may receive under this chapter. The rules shall 232
be consistent with Title IV-A of the "Social Security Act," 235
regulations promulgated by and the plan for aid to dependent 236
children approved by the United States secretary of health and 237
human services under Title IV-A of that act, this chapter, and 238
any other section of the Revised Code establishing conditions and 239
requirements of aid under this chapter. 241
(B)(1) The department shall determine a minimum standard 243
as of January 1, 1979, and shall update the minimum standard 244
annually. "Minimum standard" means the minimum amounts of income 245
and resources necessary for persons to maintain health and 246
decency. 247
(2) The department shall establish, by rule, a payment 249
standard based on state appropriations that is the maximum amount 250
of aid an assistance group may receive under this chapter. 251
(C) For the purpose of investigations, any authorized 253
representative of the department shall have access to all records 254
and information bearing thereon. 255
The department may adopt reasonable rules governing the 257
custody, use, and preservation of the records, papers, files, and 258
communications of the department, the county administration for 259
aid to dependent children, and all other state and county 260
officials participating in the administration of this chapter. 261
Wherever names and addresses of recipients of aid to dependent 262
children or applicants for such aid or any other disclosure of 263
information concerning such recipients or applicants are 264
furnished to or held by any other agency, department, or officer 265
of government, such agency, department, or officer of government 266
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shall adopt rules necessary to prevent the publication of lists 267
thereof or the disclosure of information concerning applicants 268
and recipients or the use of such lists or information for 269
purposes not directly connected with law enforcement or the 270
administration of aid to dependent children. 272
No person shall, except EXCEPT IN ACCORDANCE WITH RULES OF 274
THE DEPARTMENT for purposes directly connected with the 275
administration of public assistance, and in accordance with the 277
rules of the department OR AS REQUIRED BY SECTION 5101.20 OF THE 278
REVISED CODE, NO PERSON SHALL solicit, disclose, receive, make 279
use of, or authorize, knowingly permit, participate in, or 280
acquiesce in the use of, any list of or names of, persons 281
applying for or receiving such assistance, directly or indirectly 282
derived from the records, papers, files, or communications of the 283
department or county administrations or agencies thereof, or 284
acquired in the course of the performance of official duties. 285
(D) Each county administration shall comply with the 287
rules, determinations, and orders of the department. 288
Sec. 5107.36. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE 290
UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY: 291
(A) THE INDIVIDUAL IS A FUGITIVE FELON AS DEFINED IN 294
SECTION 5101.20 OF THE REVISED CODE;
(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, 296
A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL 297
SANCTION IMPOSED UNDER FEDERAL OR STATE LAW. 298
Sec. 5107.37. AN INDIVIDUAL WHO RESIDES IN A COUNTY HOME, 300
CITY INFIRMARY, JAIL, OR OTHER PUBLIC INSTITUTION IS NOT ELIGIBLE 301
FOR ASSISTANCE UNDER THIS CHAPTER. 302
Sec. 5115.03. (A) The state department of human services 311
shall do all of the following: 312
(1) Adopt rules governing the administration of disability 314
assistance, including the administration of financial assistance 315
and disability assistance medical assistance. The rules shall be 317
binding on county departments of human services. 318
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(2) Make investigations to determine whether disability 320
assistance is being administered in compliance with the Revised 321
Code and rules adopted by the state department. 322
(3) Administer disability assistance in a county where the 324
county department of human services fails to perform the 325
administrative functions required of it under section 5115.02 of 326
the Revised Code. 327
(B) If the state department administers disability 329
assistance in a county pursuant to division (A)(3) of this 330
section, it may expend any local funds available for 331
administration of disability assistance, and for a period not to 332
exceed three months, if necessary, may pay the entire 333
administrative cost of disability assistance in the county from 334
state appropriations for disability assistance. The county shall 335
promptly reimburse the department for any funds spent by the 336
state during any period the department administers disability 337
assistance in the county. 338
(C) The state department shall adopt rules in accordance 340
with section 111.15 of the Revised Code governing the custody, 341
use, and preservation of disability assistance records, papers, 342
files, and communications of the state department, county 343
departments, and all other state and county offices and officials 344
participating in administration of disability assistance. Each 345
government entity that acquires or maintains records that include 346
names of or other information about disability assistance 347
applicants or recipients shall adopt such rules as are necessary 348
to prevent disclosure of the names or information except as 349
required for LAW ENFORCEMENT OR administration of disability 350
assistance or as required by other sections of the Revised Code. 351
Except for purposes directly connected with administration 353
of disability assistance or as required by SECTION 5101.20 OR any 354
other section of the Revised Code, no person shall solicit, 355
disclose, receive, make use of, or knowingly permit, participate 356
in, or acquiesce in the use of names or other information about 357
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disability assistance applicants or recipients that is derived 358
from the records, papers, files, or communications of any 359
government entity or acquired in the course of performing 360
official duties. Any use of names or other information about 361
disability assistance applicants or recipients that is permitted 362
by this division, OTHER THAN INFORMATION OBTAINED UNDER SECTION 363
5101.20 OF THE REVISED CODE, shall be in accordance with the 364
rules adopted by the state department. 365
Sec. 5115.04. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE 367
UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY: 368
(A) THE INDIVIDUAL IS A FUGITIVE FELON AS DEFINED IN 371
SECTION 5101.20 OF THE REVISED CODE;
(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, 373
A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL 374
SANCTION IMPOSED UNDER FEDERAL OR STATE LAW. 375
Sec. 5120.37. THE DEPARTMENT OF REHABILITATION AND 377
CORRECTION SHALL ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF 378
HUMAN SERVICES TO EXCHANGE OR SHARE INFORMATION CONCERNING 379
PERSONS SENTENCED TO ANY INSTITUTION, DIVISION, OR PLACE UNDER 380
THE CONTROL AND MANAGEMENT OF THE DEPARTMENT OF REHABILITATION 381
AND CORRECTION DURING THE IMMEDIATELY PRECEDING MONTH. 382
Section 2. That existing sections 5107.02 and 5115.03 of 385
the Revised Code are hereby repealed.
Section 3. Because the Temporary Assistance to Needy 387
Families Program has replaced the Aid to Dependent Children 388
Program pursuant to Executive Order 96-73V, signed September 13, 389
1996, references to the Aid to Dependent Children Program in 390
Section 1 of this act shall be deemed to refer to the Temporary
Assistance to Needy Families Program. 391