130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

H. B. No. 336  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 336


Representative Uecker 

Cosponsors: Representatives Young, Wachtmann, Combs, Pelanda, Maag, Boose 



A BILL
To amend sections 5101.54 and 5101.84 of the Revised Code to terminate an individual's eligibility for the Ohio Works First program or Supplemental Nutrition Assistance Program for three years on conviction of a felony offense that has as an element the possession, use, or distribution of a controlled substance.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5101.54 and 5101.84 of the Revised Code be amended to read as follows:
Sec. 5101.54.  (A) The director of job and family services shall administer the supplemental nutrition assistance program in accordance with the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). The department may:
(1) Prepare and submit to the secretary of the United States department of agriculture a plan for the administration of the supplemental nutrition assistance program;
(2) Prescribe forms for applications, certificates, reports, records, and accounts of county departments of job and family services, and other matters;
(3) Require such reports and information from each county department of job and family services as may be necessary and advisable;
(4) Administer and expend any sums appropriated by the general assembly for the purposes of the supplemental nutrition assistance program and all sums paid to the state by the United States as authorized by the Food and Nutrition Act of 2008;
(5) Conduct such investigations as are necessary;
(6) Enter into interagency agreements and cooperate with investigations conducted by the department of public safety, including providing information for investigative purposes, exchanging property and records, passing through federal financial participation, modifying any agreements with the United States department of agriculture, providing for the supply, security, and accounting of supplemental nutrition assistance program benefits for investigative purposes, and meeting any other requirements necessary for the detection and deterrence of illegal activities in the supplemental nutrition assistance program;
(7) Adopt rules in accordance with Chapter 119. of the Revised Code governing employment and training requirements of recipients of supplemental nutrition assistance program benefits, including rules specifying which recipients are subject to the requirements and establishing sanctions for failure to satisfy the requirements. The rules shall be consistent with 7 U.S.C. 2015 and, to the extent practicable, may provide for the recipients to participate in work activities, developmental activities, and alternative work activities established under sections 5107.40 to 5107.69 of the Revised Code that are comparable to programs authorized by 7 U.S.C. 2015(d)(4). The rules may reference rules adopted under section 5107.05 of the Revised Code governing work activities, developmental activities, and alternative work activities established under sections 5107.40 to 5107.69 of the Revised Code.
(8) Adopt rules in accordance with section 111.15 of the Revised Code that are consistent with state law, the Food and Nutrition Act of 2008, as amended, and regulations adopted thereunder governing the following:
(a) Eligibility requirements for the supplemental nutrition assistance program;
(b) Sanctions for failure to comply with eligibility requirements;
(c) Allotment of supplemental nutrition assistance program benefits;
(d) To the extent permitted under federal statutes and regulations, a system under which some or all recipients of supplemental nutrition assistance program benefits subject to employment and training requirements established by rules adopted under division (A)(7) of this section receive the benefits after satisfying the requirements;
(e) Administration of the program by county departments of job and family services;
(f) Other requirements necessary for the efficient administration of the program.
(9) Submit a plan to the United States secretary of agriculture for the department of job and family services to operate a simplified supplemental nutrition assistance program pursuant to 7 U.S.C. 2035 under which requirements governing the Ohio works first program established under Chapter 5107. of the Revised Code also govern the supplemental nutrition assistance program in the case of households receiving supplemental nutrition assistance program benefits and participating in Ohio works first.
(B) A household that is entitled to receive supplemental nutrition assistance program benefits and that is determined to be in immediate need of nutrition assistance, shall receive certification of eligibility for program benefits, pending verification, within twenty-four hours, or, if mitigating circumstances occur, within seventy-two hours, after application, if:
(1) The results of the application interview indicate that the household will be eligible upon full verification;
(2) Information sufficient to confirm the statements in the application has been obtained from at least one additional source, not a member of the applicant's household. Such information shall be recorded in the case file, and shall include:
(a) The name of the person who provided the name of the information source;
(b) The name and address of the information source;
(c) A summary of the information obtained.
The period of temporary eligibility shall not exceed one month from the date of certification of temporary eligibility. If eligibility is established by full verification, benefits shall continue without interruption as long as eligibility continues.
At the time of application, the county department of job and family services shall provide to a household described in this division a list of community assistance programs that provide emergency food.
(C) All applications shall be approved or denied through full verification within thirty days from receipt of the application by the county department of job and family services.
(D) Nothing in this section shall be construed to prohibit the certification of households that qualify under federal regulations to receive supplemental nutrition assistance program benefits without charge under the Food and Nutrition Act of 2008.
(E) Any person who applies for the supplemental nutrition assistance program shall receive a voter registration application under section 3503.10 of the Revised Code.
Sec. 5101.84.  An (A) As used in this section:
"Controlled substance" has the same meaning as in section 102(6) of the "Controlled Substances Act," 84 Stat. 1243 (1970), 21 U.S.C. 802(6).
"Ohio works first program" has the same meaning as in section 5107.02 of the Revised Code.
"Prevention, retention, and contingency program" has the same meaning as in section 5108.01 of the Revised Code.
"Supplemental nutrition assistance program" means the program operated pursuant to the "Food and Nutrition Act of 2008," 122 Stat. 1853 et seq. (2008), 7 U.S.C. 2011 et seq., as amended.
(B) Except as provided in division (C) of this section, an individual otherwise ineligible for aid under Chapter 5107. or 5108. of the Revised Code or supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) the Ohio works first program; prevention, retention, and contingency program; or the supplemental nutrition assistance program because of paragraph (a) of 21 U.S.C. 862a is eligible for the aid or benefits program if the individual meets all other eligibility requirements for the aid or benefits program.
(C) An individual participating in the Ohio works first program ceases to be eligible to participate in the program, and an individual receiving benefits under the supplemental nutrition assistance program ceases to be eligible to receive the benefits, for three years if the individual is convicted under federal or state law of any offense that is classified as a felony by the law of the jurisdiction involved and has as an element the possession, use, or distribution of a controlled substance. The period of ineligibility begins on the date of the individual's conviction.
Section 2.  That existing sections 5101.54 and 5101.84 of the Revised Code are hereby repealed.
Please send questions and comments to the Webmaster.
© 2024 Legislative Information Systems | Disclaimer