To amend sections 5107.02 and 5115.03 and to enact sections 5101.20, 5101.21, 5107.36, 5107.37, 5115.04, and 5120.37 of the Revised Code to deny eligibility for certain public assistance to fugitive felons and probation and parole violators; to require the Department of Human Services to exchange data with law enforcement agencies concerning fugitive felons and probation and parole violators; to require the Department to provide information regarding public assistance recipients to law enforcement agencies for purposes of investigations, prosecutions, or criminal or civil proceedings; to require the Department to exchange information regarding public assistance recipients with the Auditor of State and other government entities performing similar functions; to require the Auditor of State to report certain information to the Governor and the General Assembly; and to require the Department of Rehabilitation and Correction to enter into agreements to share information with the Department of Human Services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 5101.20. (A) AS USED IN THIS SECTION:

(1) "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN SERVICES ESTABLISHED UNDER CHAPTER 329. of the Revised Code OR A PUBLIC CHILDREN SERVICES AGENCY, AS DEFINED IN SECTION 2151.011 OF THE REVISED CODE.

(2) "FUGITIVE FELON" MEANS AN INDIVIDUAL WHO IS FLEEING TO AVOID PROSECUTION, OR CUSTODY OR CONFINEMENT AFTER CONVICTION, UNDER THE LAWS OF THE PLACE FROM WHICH THE INDIVIDUAL IS FLEEING, FOR A CRIME OR AN 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 JERSEY, A HIGH MISDEMEANOR, REGARDLESS OF WHETHER THE INDIVIDUAL HAS DEPARTED FROM THE INDIVIDUAL'S USUAL PLACE OF RESIDENCE.

(3) "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION 149.011 OF THE REVISED CODE, ANY OTHER DOCUMENTS IN ANY FORMAT, AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT ARE GENERATED, ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN SERVICES, A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON BEHALF OF THE STATE DEPARTMENT OR A COUNTY AGENCY.

(4) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS AS DEFINED IN SECTION 109.71 OF THE REVISED CODE, A PROSECUTING ATTORNEY, THE ATTORNEY GENERAL, SIMILAR AGENCIES OF OTHER STATES, FEDERAL LAW ENFORCEMENT AGENCIES, AND POSTAL INSPECTORS. "LAW ENFORCEMENT AGENCY" INCLUDES THE PEACE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS EMPLOYED BY THE AGENCY.

(5) "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE, MEDICAL ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT TO CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. OF THE REVISED CODE OR AN EXECUTIVE ORDER ISSUED UNDER SECTION 107.17 of the Revised Code.

(6) "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR OR RECIPIENT OR FORMER RECIPIENT OF PUBLIC ASSISTANCE.

(B) THE STATE DEPARTMENT SHALL ENTER INTO WRITTEN AGREEMENTS WITH LAW ENFORCEMENT AGENCIES TO EXCHANGE, OBTAIN, OR SHARE INFORMATION REGARDING PUBLIC ASSISTANCE RECIPIENTS TO ENABLE THE STATE DEPARTMENT, COUNTY AGENCIES, AND LAW ENFORCEMENT AGENCIES TO DETERMINE WHETHER A RECIPIENT OR A MEMBER OF A RECIPIENT'S ASSISTANCE GROUP IS EITHER OF THE FOLLOWING:

(1) A FUGITIVE FELON;

(2) VIOLATING A CONDITION OF PROBATION, A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION IMPOSED UNDER STATE OR FEDERAL LAW.

(C) THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE INFORMATION REGARDING RECIPIENTS OF PUBLIC ASSISTANCE UNDER A PROGRAM ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT TO CHAPTER 5107. OR 5115. of the Revised Code TO LAW ENFORCEMENT AGENCIES ON REQUEST FOR THE PURPOSES OF INVESTIGATIONS, PROSECUTIONS, AND CRIMINAL AND CIVIL PROCEEDINGS THAT ARE WITHIN THE SCOPE OF THE LAW ENFORCEMENT AGENCIES' OFFICIAL DUTIES.

(D) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE ACCESS TO INFORMATION TO THE AUDITOR OF STATE ACTING PURSUANT TO CHAPTER 117. OR SECTIONS 5101.181 AND 5101.182 of the Revised Code AND TO ANY OTHER GOVERNMENT ENTITY AUTHORIZED BY STATE OR FEDERAL LAW TO CONDUCT AN AUDIT OF OR SIMILAR ACTIVITY INVOLVING A PUBLIC ASSISTANCE PROGRAM.

(E) INFORMATION ABOUT A RECIPIENT SHALL BE EXCHANGED, OBTAINED, OR SHARED ONLY IF THE STATE DEPARTMENT, COUNTY AGENCY, OR LAW ENFORCEMENT AGENCY REQUESTING THE INFORMATION GIVES SUFFICIENT INFORMATION TO SPECIFICALLY IDENTIFY THE RECIPIENT. IN ADDITION TO THE RECIPIENT'S NAME, IDENTIFYING INFORMATION MAY INCLUDE THE RECIPIENT'S CURRENT OR LAST KNOWN ADDRESS, SOCIAL SECURITY NUMBER, OTHER IDENTIFYING NUMBER, AGE, GENDER, PHYSICAL CHARACTERISTICS, ANY INFORMATION SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER DIVISION (B) OF THIS SECTION, OR ANY INFORMATION CONSIDERED APPROPRIATE BY THE DEPARTMENT OR AGENCY.

(F)(1) THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES ARE NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE RELEASE OF INFORMATION IN ACCORDANCE WITH DIVISION (E) OF THIS SECTION. THIS SECTION DOES NOT AFFECT ANY IMMUNITY OR DEFENSE THAT THE STATE DEPARTMENT AND ITS OFFICERS AND EMPLOYEES MAY BE ENTITLED TO UNDER ANOTHER SECTION OF THE REVISED CODE OR THE COMMON LAW OF THIS STATE, INCLUDING SECTION 9.86 OF THE REVISED CODE.

(2) THE COUNTY AGENCIES AND THEIR EMPLOYEES ARE NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY ARISES FROM THE RELEASE OF INFORMATION IN ACCORDANCE WITH DIVISIONS (B), (C), AND (E) OF THIS SECTION. "EMPLOYEE" HAS THE SAME MEANING AS IN DIVISION (B) OF SECTION 2744.01 OF THE REVISED CODE. THIS SECTION DOES NOT AFFECT ANY IMMUNITY OR DEFENSE THAT THE COUNTY AGENCIES AND THEIR EMPLOYEES MAY BE ENTITLED TO UNDER ANOTHER SECTION OF THE REVISED CODE OR THE COMMON LAW OF THIS STATE, INCLUDING SECTION 2744.02 AND DIVISION (A)(6) OF SECTION 2744.03 OF THE REVISED CODE.

(G) THE AUDITOR OF STATE SHALL PREPARE AN ANNUAL REPORT ON THE OUTCOME OF THE AGREEMENTS REQUIRED UNDER DIVISION (B) OF THIS SECTION. THE REPORT SHALL INCLUDE THE NUMBER OF FUGITIVE FELONS AND PROBATION AND PAROLE VIOLATORS APPREHENDED DURING THE IMMEDIATELY PRECEDING YEAR AS A RESULT OF THE EXCHANGE OF INFORMATION PURSUANT TO THAT DIVISION. THE AUDITOR OF STATE SHALL FILE THE REPORT WITH THE GOVERNOR, THE PRESIDENT AND MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.THE STATE DEPARTMENT, COUNTY AGENCIES, AND LAW ENFORCEMENT AGENCIES SHALL COOPERATE WITH THE AUDITOR'S OFFICE IN GATHERING THE INFORMATION REQUIRED UNDER THIS DIVISION.

Sec. 5101.21. AN INDIVIDUAL OTHERWISE INELIGIBLE FOR AID UNDER CHAPTER 5107. OF THE REVISED CODE OR FOOD STAMPS BENEFITS UNDER THE "FOOD STAMP ACT OF 1977," 78 STAT. 703, 7 U.S.C. 2011, AS AMENDED, BECAUSE OF PARAGRAPH (a) OF SECTION 115 OF THE "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 21 U.S.C. 862a, IS ELIGIBLE FOR THE AID OR BENEFITS IF THE INDIVIDUAL MEETS ALL OTHER ELIGIBILITY REQUIREMENTS FOR THE AID OR BENEFITS.

Sec. 5107.02. (A) The department of human services shall:

(1) Prepare and submit to the United States secretary of health and human services a plan for aid to dependent children;

(2) Prescribe forms for applications, certificates, reports, records, and accounts of the county administration, and other matters;

(3) Make such reports, in such form and containing such information as the administration may find necessary to assure the correctness and verification of such reports;

(4) Require such reports and information from each county administration as may be necessary or advisable;

(5) Provide, by rules or otherwise, for putting into effect such methods of administration and procedure as are found by the administration or the department to be necessary to the efficient operation of the plan in the respective counties;

(6) Afford a fair hearing to any individual entitled thereto under section 5107.05 of the Revised Code, in which case the finding and order of the department shall be final;

(7) Administer and expend, pursuant to this chapter, any sums appropriated by the general assembly for the purpose of this chapter and all sums paid to the state by the secretary of the treasury of the United States as authorized by Title IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended;

(8) Conduct such investigations as are necessary;

(9) Enter into reciprocal agreements with other states relative to the provision of aid to dependent children to residents and nonresidents;

(10) Adopt rules establishing eligibility requirements for aid and the method of determining the amount of aid an assistance group may receive under this chapter. The rules shall specify what is considered countable income for the purpose of determining financial eligibility and the amount of assistance an assistance group may receive under this chapter. The rules shall be consistent with Title IV-A of the "Social Security Act," regulations promulgated by and the plan for aid to dependent children approved by the United States secretary of health and human services under Title IV-A of that act, this chapter, and any other section of the Revised Code establishing conditions and requirements of aid under this chapter.

(B)(1) The department shall determine a minimum standard as of January 1, 1979, and shall update the minimum standard annually. "Minimum standard" means the minimum amounts of income and resources necessary for persons to maintain health and decency.

(2) The department shall establish, by rule, a payment standard based on state appropriations that is the maximum amount of aid an assistance group may receive under this chapter.

(C) For the purpose of investigations, any authorized representative of the department shall have access to all records and information bearing thereon.

The department may adopt reasonable rules governing the custody, use, and preservation of the records, papers, files, and communications of the department, the county administration for aid to dependent children, and all other state and county officials participating in the administration of this chapter. Wherever names and addresses of recipients of aid to dependent children or applicants for such aid or any other disclosure of information concerning such recipients or applicants are furnished to or held by any other agency, department, or officer of government, such agency, department, or officer of government shall adopt rules necessary to prevent the publication of lists thereof or the disclosure of information concerning applicants and recipients or the use of such lists or information for purposes not directly connected with law enforcement or the administration of aid to dependent children.

No person shall, except EXCEPT IN ACCORDANCE WITH RULES OF THE DEPARTMENT for purposes directly connected with the administration of public assistance, and in accordance with the rules of the department OR AS REQUIRED BY SECTION 5101.20 OF THE REVISED CODE, NO PERSON SHALL solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, persons applying for or receiving such assistance, directly or indirectly derived from the records, papers, files, or communications of the department or county administrations or agencies thereof, or acquired in the course of the performance of official duties.

(D) Each county administration shall comply with the rules, determinations, and orders of the department.

Sec. 5107.36. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY:

(A) THE INDIVIDUAL IS A FUGITIVE FELON AS DEFINED IN SECTION 5101.20 of the Revised Code;

(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION IMPOSED UNDER FEDERAL OR STATE LAW.

Sec. 5107.37. AN INDIVIDUAL WHO RESIDES IN A COUNTY HOME, CITY INFIRMARY, JAIL, OR OTHER PUBLIC INSTITUTION IS NOT ELIGIBLE FOR ASSISTANCE UNDER THIS CHAPTER.

Sec. 5115.03. (A) The state department of human services shall do all of the following:

(1) Adopt rules governing the administration of disability assistance, including the administration of financial assistance and disability assistance medical assistance. The rules shall be binding on county departments of human services.

(2) Make investigations to determine whether disability assistance is being administered in compliance with the Revised Code and rules adopted by the state department.

(3) Administer disability assistance in a county where the county department of human services fails to perform the administrative functions required of it under section 5115.02 of the Revised Code.

(B) If the state department administers disability assistance in a county pursuant to division (A)(3) of this section, it may expend any local funds available for administration of disability assistance, and for a period not to exceed three months, if necessary, may pay the entire administrative cost of disability assistance in the county from state appropriations for disability assistance. The county shall promptly reimburse the department for any funds spent by the state during any period the department administers disability assistance in the county.

(C) The state department shall adopt rules in accordance with section 111.15 of the Revised Code governing the custody, use, and preservation of disability assistance records, papers, files, and communications of the state department, county departments, and all other state and county offices and officials participating in administration of disability assistance. Each government entity that acquires or maintains records that include names of or other information about disability assistance applicants or recipients shall adopt such rules as are necessary to prevent disclosure of the names or information except as required for LAW ENFORCEMENT OR administration of disability assistance or as required by other sections of the Revised Code.

Except for purposes directly connected with administration of disability assistance or as required by SECTION 5101.20 OR any other section of the Revised Code, no person shall solicit, disclose, receive, make use of, or knowingly permit, participate in, or acquiesce in the use of names or other information about disability assistance applicants or recipients that is derived from the records, papers, files, or communications of any government entity or acquired in the course of performing official duties. Any use of names or other information about disability assistance applicants or recipients that is permitted by this division,OTHER THAN INFORMATION OBTAINED UNDER SECTION 5101.20 OF THE REVISED CODE, shall be in accordance with the rules adopted by the state department.

Sec. 5115.04. AN INDIVIDUAL IS NOT ELIGIBLE FOR ASSISTANCE UNDER THIS CHAPTER IF EITHER OF THE FOLLOWING APPLY:

(A) THE INDIVIDUAL IS A FUGITIVE FELON AS DEFINED IN SECTION 5101.20 of the Revised Code;

(B) THE INDIVIDUAL IS VIOLATING A CONDITION OF PROBATION, A COMMUNITY CONTROL SANCTION, PAROLE, OR A POST-RELEASE CONTROL SANCTION IMPOSED UNDER FEDERAL OR STATE LAW.

Sec. 5120.37. THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF HUMAN SERVICES TO EXCHANGE OR SHARE INFORMATION CONCERNING PERSONS SENTENCED TO ANY INSTITUTION, DIVISION, OR PLACE UNDER THE CONTROL AND MANAGEMENT OF THE DEPARTMENT OF REHABILITATION AND CORRECTION DURING THE IMMEDIATELY PRECEDING MONTH.