As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 52 5
1997-1998 6
SENATORS CARNES-OELSLAGER-WATTS-B. JOHNSON-WHITE-LATTA-GARDNER- 8
BLESSING-NEIN-DIX-RAY-GAETH-CUPP 9
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A B I L L
To amend sections 5107.02 and 5115.03 and to enact 13
sections 5101.20, 5101.21, 5107.36, 5107.37,
5115.04, and 5120.37 of the Revised Code to deny 14
eligibility for certain public assistance to 15
fugitive felons and probation and parole 16
violators; to require the Department of Human
Services to exchange data with law enforcement 17
agencies concerning fugitive felons and probation 18
and parole violators; to require the Department 19
to provide information regarding public
assistance recipients to law enforcement agencies 20
for purposes of investigations, prosecutions, or 21
criminal or civil proceedings; to require the 22
Department to exchange information regarding
public assistance recipients with the Auditor of 23
State and other government entities performing
similar functions; to require the Auditor of 24
State to report certain information to the 25
Governor and the General Assembly; and to require
the Department of Rehabilitation and Correction 26
to enter into agreements to share information
with the Department of Human Services. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 5107.02 and 5115.03 be amended 32
and sections 5101.20, 5101.21, 5107.36, 5107.37, 5115.04, and 33
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5120.37 of the Revised Code be enacted to read as follows:
Sec. 5101.20. (A) AS USED IN THIS SECTION: 35
(1) "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN 37
SERVICES ESTABLISHED UNDER CHAPTER 329. OF THE REVISED CODE OR A 38
PUBLIC CHILDREN SERVICES AGENCY, AS DEFINED IN SECTION 2151.011 39
OF THE REVISED CODE. 40
(2) "FUGITIVE FELON" MEANS AN INDIVIDUAL WHO IS FLEEING TO 42
AVOID PROSECUTION, OR CUSTODY OR CONFINEMENT AFTER CONVICTION, 43
UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING, 44
FOR A CRIME OR AN ATTEMPT TO COMMIT A CRIME THAT IS A FELONY 46
UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING 47
OR, IN THE CASE OF NEW JERSEY, A HIGH MISDEMEANOR, REGARDLESS OF 48
WHETHER THE INDIVIDUAL HAS DEPARTED FROM THE INDIVIDUAL'S USUAL 49
PLACE OF RESIDENCE. 50
(3) "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION 52
149.011 OF THE REVISED CODE, ANY OTHER DOCUMENTS IN ANY FORMAT, 54
AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT ARE GENERATED, 55
ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN
SERVICES, A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON 57
BEHALF OF THE STATE DEPARTMENT OR A COUNTY AGENCY. 58
(4) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY 61
PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS AS DEFINED IN 62
SECTION 109.71 OF THE REVISED CODE, A PROSECUTING ATTORNEY, THE 63
ATTORNEY GENERAL, SIMILAR AGENCIES OF OTHER STATES, FEDERAL LAW 65
ENFORCEMENT AGENCIES, AND POSTAL INSPECTORS. "LAW ENFORCEMENT
AGENCY" INCLUDES THE PEACE OFFICERS AND OTHER LAW ENFORCEMENT 66
OFFICERS EMPLOYED BY THE AGENCY. 67
(5) "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE, 69
MEDICAL ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM 70
ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT 71
TO CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. OF THE 73
REVISED CODE OR AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 OF 74
THE REVISED CODE.
(6) "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR 76
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OR RECIPIENT OR FORMER RECIPIENT OF PUBLIC ASSISTANCE. 78
(B) THE STATE DEPARTMENT SHALL ENTER INTO WRITTEN 81
AGREEMENTS WITH LAW ENFORCEMENT AGENCIES TO EXCHANGE, OBTAIN, OR 82
SHARE INFORMATION REGARDING PUBLIC ASSISTANCE RECIPIENTS TO 84
ENABLE THE STATE DEPARTMENT, COUNTY AGENCIES, AND LAW ENFORCEMENT 85
AGENCIES TO DETERMINE WHETHER A RECIPIENT OR A MEMBER OF A 87
RECIPIENT'S ASSISTANCE GROUP IS EITHER OF THE FOLLOWING: 88
(1) A FUGITIVE FELON; 90
(2) VIOLATING A CONDITION OF PROBATION, A COMMUNITY 92
CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION 93
IMPOSED UNDER STATE OR FEDERAL LAW.
(C) THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE 96
INFORMATION REGARDING RECIPIENTS OF PUBLIC ASSISTANCE UNDER A 97
PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY
PURSUANT TO CHAPTER 5107. OR 5115. OF THE REVISED CODE TO LAW 98
ENFORCEMENT AGENCIES ON REQUEST FOR THE PURPOSES OF 100
INVESTIGATIONS, PROSECUTIONS, AND CRIMINAL AND CIVIL PROCEEDINGS 101
THAT ARE WITHIN THE SCOPE OF THE LAW ENFORCEMENT AGENCIES' 102
OFFICIAL DUTIES.
(D) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 104
DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE ACCESS TO 105
INFORMATION TO THE AUDITOR OF STATE ACTING PURSUANT TO CHAPTER 106
117. OR SECTIONS 5101.181 AND 5101.182 OF THE REVISED CODE AND TO 107
ANY OTHER GOVERNMENT ENTITY AUTHORIZED BY STATE OR FEDERAL LAW TO 108
CONDUCT AN AUDIT OF OR SIMILAR ACTIVITY INVOLVING A PUBLIC
ASSISTANCE PROGRAM. 109
(E) INFORMATION ABOUT A RECIPIENT SHALL BE EXCHANGED, 111
OBTAINED, OR SHARED ONLY IF THE STATE DEPARTMENT, COUNTY AGENCY, 113
OR LAW ENFORCEMENT AGENCY REQUESTING THE INFORMATION GIVES 114
SUFFICIENT INFORMATION TO SPECIFICALLY IDENTIFY THE RECIPIENT. 115
IN ADDITION TO THE RECIPIENT'S NAME, IDENTIFYING INFORMATION MAY 116
INCLUDE THE RECIPIENT'S CURRENT OR LAST KNOWN ADDRESS, SOCIAL
SECURITY NUMBER, OTHER IDENTIFYING NUMBER, AGE, GENDER, PHYSICAL 117
CHARACTERISTICS, ANY INFORMATION SPECIFIED IN AN AGREEMENT 118
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ENTERED INTO UNDER DIVISION (B) OF THIS SECTION, OR ANY 119
INFORMATION CONSIDERED APPROPRIATE BY THE DEPARTMENT OR AGENCY. 120
(F)(1) THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES 122
ARE NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, 123
DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM 124
THE RELEASE OF INFORMATION IN ACCORDANCE WITH DIVISION (E) OF 125
THIS SECTION. THIS SECTION DOES NOT AFFECT ANY IMMUNITY OR 126
DEFENSE THAT THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES 128
MAY BE ENTITLED TO UNDER ANOTHER SECTION OF THE REVISED CODE OR 129
THE COMMON LAW OF THIS STATE, INCLUDING SECTION 9.86 OF THE 131
REVISED CODE.
(2) THE COUNTY AGENCIES AND THEIR EMPLOYEES ARE NOT LIABLE 133
IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO 134
PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE RELEASE OF 135
INFORMATION IN ACCORDANCE WITH DIVISIONS (B), (C), AND (E) OF 136
THIS SECTION. "EMPLOYEE" HAS THE SAME MEANING AS IN DIVISION (B) 138
OF SECTION 2744.01 OF THE REVISED CODE. THIS SECTION DOES NOT 140
AFFECT ANY IMMUNITY OR DEFENSE THAT THE COUNTY AGENCIES AND THEIR 141
EMPLOYEES MAY BE ENTITLED TO UNDER ANOTHER SECTION OF THE 142
REVISED CODE OR THE COMMON LAW OF THIS STATE, INCLUDING SECTION 144
2744.02 AND DIVISION (A)(6) OF SECTION 2744.03 OF THE REVISED 145
CODE.
(G) THE AUDITOR OF STATE SHALL PREPARE AN ANNUAL REPORT ON 148
THE OUTCOME OF THE AGREEMENTS REQUIRED UNDER DIVISION (B) OF THIS 149
SECTION. THE REPORT SHALL INCLUDE THE NUMBER OF FUGITIVE FELONS 150
AND PROBATION AND PAROLE VIOLATORS APPREHENDED DURING THE 151
IMMEDIATELY PRECEDING YEAR AS A RESULT OF THE EXCHANGE OF 152
INFORMATION PURSUANT TO THAT DIVISION. THE AUDITOR OF STATE 154
SHALL FILE THE REPORT WITH THE GOVERNOR, THE PRESIDENT AND 155
MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND MINORITY 156
LEADER OF THE HOUSE OF REPRESENTATIVES. THE STATE DEPARTMENT, 157
COUNTY AGENCIES, AND LAW ENFORCEMENT AGENCIES SHALL COOPERATE 158
WITH THE AUDITOR'S OFFICE IN GATHERING THE INFORMATION REQUIRED 159
UNDER THIS DIVISION.
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Sec. 5101.21. AN INDIVIDUAL OTHERWISE INELIGIBLE FOR AID 161
UNDER CHAPTER 5107. OF THE REVISED CODE OR FOOD STAMPS BENEFITS 164
UNDER THE "FOOD STAMP ACT OF 1977," 78 STAT. 703, 7 U.S.C. 2011, 169
AS AMENDED, BECAUSE OF PARAGRAPH (a) OF SECTION 115 OF THE 170
"PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT 175
OF 1996," 110 STAT. 2105, 21 U.S.C. 862a, IS ELIGIBLE FOR THE AID 178
OR BENEFITS IF THE INDIVIDUAL MEETS ALL OTHER ELIGIBILITY 179
REQUIREMENTS FOR THE AID OR BENEFITS.
Sec. 5107.02. (A) The department of human services shall: 188
(1) Prepare and submit to the United States secretary of 190
health and human services a plan for aid to dependent children; 191
(2) Prescribe forms for applications, certificates, 193
reports, records, and accounts of the county administration, and 194
other matters; 195
(3) Make such reports, in such form and containing such 197
information as the administration may find necessary to assure 198
the correctness and verification of such reports; 199
(4) Require such reports and information from each county 201
administration as may be necessary or advisable; 202
(5) Provide, by rules or otherwise, for putting into 204
effect such methods of administration and procedure as are found 205
by the administration or the department to be necessary to the 206
efficient operation of the plan in the respective counties; 207
(6) Afford a fair hearing to any individual entitled 209
thereto under section 5107.05 of the Revised Code, in which case 210
the finding and order of the department shall be final; 211
(7) Administer and expend, pursuant to this chapter, any 213
sums appropriated by the general assembly for the purpose of this 214
chapter and all sums paid to the state by the secretary of the 216
treasury of the United States as authorized by Title IV-A of the 218
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 220
amended;
(8) Conduct such investigations as are necessary; 222
(9) Enter into reciprocal agreements with other states 224
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relative to the provision of aid to dependent children to 225
residents and nonresidents; 226
(10) Adopt rules establishing eligibility requirements for 228
aid and the method of determining the amount of aid an assistance 229
group may receive under this chapter. The rules shall specify 230
what is considered countable income for the purpose of 231
determining financial eligibility and the amount of assistance an 232
assistance group may receive under this chapter. The rules shall 233
be consistent with Title IV-A of the "Social Security Act," 236
regulations promulgated by and the plan for aid to dependent 237
children approved by the United States secretary of health and 238
human services under Title IV-A of that act, this chapter, and 239
any other section of the Revised Code establishing conditions and 240
requirements of aid under this chapter. 242
(B)(1) The department shall determine a minimum standard 244
as of January 1, 1979, and shall update the minimum standard 245
annually. "Minimum standard" means the minimum amounts of income 246
and resources necessary for persons to maintain health and 247
decency. 248
(2) The department shall establish, by rule, a payment 250
standard based on state appropriations that is the maximum amount 251
of aid an assistance group may receive under this chapter. 252
(C) For the purpose of investigations, any authorized 254
representative of the department shall have access to all records 255
and information bearing thereon. 256
The department may adopt reasonable rules governing the 258
custody, use, and preservation of the records, papers, files, and 259
communications of the department, the county administration for 260
aid to dependent children, and all other state and county 261
officials participating in the administration of this chapter. 262
Wherever names and addresses of recipients of aid to dependent 263
children or applicants for such aid or any other disclosure of 264
information concerning such recipients or applicants are 265
furnished to or held by any other agency, department, or officer 266
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of government, such agency, department, or officer of government 267
shall adopt rules necessary to prevent the publication of lists 268
thereof or the disclosure of information concerning applicants 269
and recipients or the use of such lists or information for 270
purposes not directly connected with law enforcement or the 271
administration of aid to dependent children. 273
No person shall, except EXCEPT IN ACCORDANCE WITH RULES OF 275
THE DEPARTMENT for purposes directly connected with the 276
administration of public assistance, and in accordance with the 278
rules of the department OR AS REQUIRED BY SECTION 5101.20 OF THE 279
REVISED CODE, NO PERSON SHALL solicit, disclose, receive, make 280
use of, or authorize, knowingly permit, participate in, or 281
acquiesce in the use of, any list of or names of, persons 282
applying for or receiving such assistance, directly or indirectly 283
derived from the records, papers, files, or communications of the 284
department or county administrations or agencies thereof, or 285
acquired in the course of the performance of official duties. 286
(D) Each county administration shall comply with the 288
rules, determinations, and orders of the department. 289
Sec. 5107.36. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE 291
UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY: 292
(A) THE INDIVIDUAL IS A FUGITIVE FELON AS DEFINED IN 295
SECTION 5101.20 OF THE REVISED CODE;
(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, 297
A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL 298
SANCTION IMPOSED UNDER FEDERAL OR STATE LAW. 299
Sec. 5107.37. AN INDIVIDUAL WHO RESIDES IN A COUNTY HOME, 301
CITY INFIRMARY, JAIL, OR OTHER PUBLIC INSTITUTION IS NOT ELIGIBLE 302
FOR ASSISTANCE UNDER THIS CHAPTER. 303
Sec. 5115.03. (A) The state department of human services 312
shall do all of the following: 313
(1) Adopt rules governing the administration of disability 315
assistance, including the administration of financial assistance 316
and disability assistance medical assistance. The rules shall be 318
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binding on county departments of human services. 319
(2) Make investigations to determine whether disability 321
assistance is being administered in compliance with the Revised 322
Code and rules adopted by the state department. 323
(3) Administer disability assistance in a county where the 325
county department of human services fails to perform the 326
administrative functions required of it under section 5115.02 of 327
the Revised Code. 328
(B) If the state department administers disability 330
assistance in a county pursuant to division (A)(3) of this 331
section, it may expend any local funds available for 332
administration of disability assistance, and for a period not to 333
exceed three months, if necessary, may pay the entire 334
administrative cost of disability assistance in the county from 335
state appropriations for disability assistance. The county shall 336
promptly reimburse the department for any funds spent by the 337
state during any period the department administers disability 338
assistance in the county. 339
(C) The state department shall adopt rules in accordance 341
with section 111.15 of the Revised Code governing the custody, 342
use, and preservation of disability assistance records, papers, 343
files, and communications of the state department, county 344
departments, and all other state and county offices and officials 345
participating in administration of disability assistance. Each 346
government entity that acquires or maintains records that include 347
names of or other information about disability assistance 348
applicants or recipients shall adopt such rules as are necessary 349
to prevent disclosure of the names or information except as 350
required for LAW ENFORCEMENT OR administration of disability 351
assistance or as required by other sections of the Revised Code. 352
Except for purposes directly connected with administration 354
of disability assistance or as required by SECTION 5101.20 OR any 355
other section of the Revised Code, no person shall solicit, 356
disclose, receive, make use of, or knowingly permit, participate 357
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in, or acquiesce in the use of names or other information about 358
disability assistance applicants or recipients that is derived 359
from the records, papers, files, or communications of any 360
government entity or acquired in the course of performing 361
official duties. Any use of names or other information about 362
disability assistance applicants or recipients that is permitted 363
by this division, OTHER THAN INFORMATION OBTAINED UNDER SECTION 364
5101.20 OF THE REVISED CODE, shall be in accordance with the 365
rules adopted by the state department. 366
Sec. 5115.04. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE 368
UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY: 369
(A) THE INDIVIDUAL IS A FUGITIVE FELON AS DEFINED IN 372
SECTION 5101.20 OF THE REVISED CODE;
(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, 374
A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL 375
SANCTION IMPOSED UNDER FEDERAL OR STATE LAW. 376
Sec. 5120.37. THE DEPARTMENT OF REHABILITATION AND 378
CORRECTION SHALL ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF 379
HUMAN SERVICES TO EXCHANGE OR SHARE INFORMATION CONCERNING 380
PERSONS SENTENCED TO ANY INSTITUTION, DIVISION, OR PLACE UNDER 381
THE CONTROL AND MANAGEMENT OF THE DEPARTMENT OF REHABILITATION 382
AND CORRECTION DURING THE IMMEDIATELY PRECEDING MONTH. 383
Section 2. That existing sections 5107.02 and 5115.03 of 386
the Revised Code are hereby repealed.
Section 3. Because the Temporary Assistance to Needy 388
Families Program has replaced the Aid to Dependent Children 389
Program pursuant to Executive Order 96-73V, signed September 13, 390
1996, references to the Aid to Dependent Children Program in 391
Section 1 of this act shall be deemed to refer to the Temporary
Assistance to Needy Families Program. 392