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H. B. No. 336 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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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.
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