As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                               H. B. No. 566     5            

      1999-2000                                                    6            


   REPRESENTATIVES MEAD-TIBERI-GOODMAN-JOLIVETTE-TERWILLEGER-      8            

             TRAKAS-JACOBSON-NETZLEY-TAYLOR-HARTNETT               9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To enact sections 5101.87, 5101.871, 5101.872,        12           

                5101.873, 5101.874, and 5101.875 of the Revised    13           

                Code to require that the Director of Job and       14           

                Family Services implement a statewide automated    15           

                finger imaging system to prevent an individual     16           

                from receiving assistance under more than one      17           

                name from a Temporary Assistance for Needy                      

                Families Program or, if federal matching funds     18           

                are provided, the Food Stamp Program, and to make  19           

                an appropriation.                                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 5101.87, 5101.871, 5101.872,       23           

5101.873, 5101.874, and 5101.875 of the Revised Code be enacted    25           

to read as follows:                                                             

      Sec. 5101.87.  AS USED IN SECTIONS 5101.87 TO 5101.875 OF    27           

THE REVISED CODE:                                                  29           

      (A)  "ADULT" AND "MINOR CHILD" HAVE THE SAME MEANINGS AS IN  31           

SECTION 5107.02 OF THE REVISED CODE.                               32           

      (B)  "ASSISTANCE GROUP" MEANS A GROUP OF INDIVIDUALS         34           

TREATED AS A UNIT FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR  35           

A TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM.                 36           

      (C)  "FOOD STAMP PROGRAM" MEANS THE PROGRAM ESTABLISHED BY   38           

THE "FOOD STAMP ACT OF 1977," 91 STAT. 958, 7 U.S.C.A. 2011, AS    40           

AMENDED.                                                           41           

      (D)  "HOUSEHOLD" HAS THE SAME MEANING AS IN 7 U.S.C.A.       46           

                                                          2      


                                                                 
2012(i).                                                                        

      (E)  "OHIO WORKS FIRST PROGRAM" MEANS THE PROGRAM            48           

ESTABLISHED BY CHAPTER 5107. OF THE REVISED CODE.                  50           

      (F)  "PREVENTION, RETENTION, AND CONTINGENCY PROGRAM" MEANS  52           

THE PROGRAM ESTABLISHED BY CHAPTER 5108. OF THE REVISED CODE.      54           

      (G)(1)  "PUBLIC ASSISTANCE PROGRAM" MEANS EITHER OF THE      56           

FOLLOWING:                                                         57           

      (a)  THE OHIO WORKS FIRST PROGRAM;                           59           

      (b)  THE PREVENTION, RETENTION, AND CONTINGENCY PROGRAM.     61           

      (2)  IF THE DIRECTOR OF JOB AND FAMILY SERVICES ENTERS INTO  63           

AN AGREEMENT UNDER SECTION 5101.874 OF THE REVISED CODE REGARDING  64           

ANOTHER STATE'S TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAMS,  65           

"PUBLIC ASSISTANCE PROGRAM" ALSO MEANS THAT STATE'S TEMPORARY      67           

ASSISTANCE FOR NEEDY FAMILIES PROGRAM.                             68           

      (3)  IF THE DIRECTOR IS PROVIDED FEDERAL MATCHING FUNDS      70           

PURSUANT TO SECTION 5101.872 OF THE REVISED CODE, "PUBLIC          71           

ASSISTANCE PROGRAM" ALSO MEANS THE FOOD STAMP PROGRAM.                          

      (H)  "TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM"       73           

MEANS A PROGRAM CREATED UNDER THE AUTHORITY OF TITLE IV-A OF THE   77           

"SOCIAL SECURITY ACT," 110 STAT. 2113 (1996), 42 U.S.C.A. 601, AS  79           

AMENDED, INCLUDING THE OHIO WORKS FIRST AND PREVENTION,            80           

RETENTION, AND CONTINGENCY PROGRAMS.                               81           

      Sec. 5101.871.  NOT LATER THAN DECEMBER 31, 2001, THE        83           

DIRECTOR OF JOB AND FAMILY SERVICES SHALL IMPLEMENT A STATEWIDE    84           

AUTOMATED FINGER IMAGING SYSTEM TO TRACK AN INDIVIDUAL'S           85           

PARTICIPATION IN TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAMS  86           

AND PREVENT THE INDIVIDUAL FROM RECEIVING ASSISTANCE FROM A        87           

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM UNDER MORE THAN    88           

ONE NAME.                                                                       

      Sec. 5101.872.  AS SOON AS THE STATEWIDE AUTOMATED FINGER    91           

IMAGING SYSTEM IS FULLY IMPLEMENTED UNDER SECTION 5101.871 OF THE  92           

REVISED CODE, THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL APPLY  93           

TO THE UNITED STATES SECRETARY OF AGRICULTURE FOR FEDERAL          94           

MATCHING FUNDS TO BE USED TO INCLUDE THE FOOD STAMP PROGRAM IN     95           

                                                          3      


                                                                 
THE SYSTEM.  IF FEDERAL MATCHING FUNDS ARE PROVIDED, THE DIRECTOR               

SHALL INCLUDE THE FOOD STAMP PROGRAM IN THE SYSTEM FOR THE         96           

PURPOSE OF TRACKING AN INDIVIDUAL'S PARTICIPATION IN THE FOOD      97           

STAMP PROGRAM AND PREVENTING THE INDIVIDUAL FROM RECEIVING         98           

ASSISTANCE FROM THE PROGRAM UNDER MORE THAN ONE NAME.              99           

      Sec. 5101.873.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF   102          

THIS SECTION, THE FIRST TIME AFTER THE STATEWIDE AUTOMATED FINGER  103          

IMAGING SYSTEM IS IMPLEMENTED FOR TEMPORARY ASSISTANCE FOR NEEDY   104          

FAMILIES PROGRAMS UNDER SECTION 5101.871 OF THE REVISED CODE THAT  105          

THE ELIGIBILITY OF AN ASSISTANCE GROUP FOR A TEMPORARY ASSISTANCE  106          

FOR NEEDY FAMILIES PROGRAM IS DETERMINED OR REDETERMINED AND THE   108          

FIRST TIME AFTER THE FOOD STAMP PROGRAM IS INCLUDED IN THE SYSTEM  109          

UNDER SECTION 5101.872 OF THE REVISED CODE THAT THE ELIGIBILITY    110          

OF A HOUSEHOLD FOR THE FOOD STAMP PROGRAM IS DETERMINED OR                      

REDETERMINED, EACH MEMBER OF THE ASSISTANCE GROUP OR HOUSEHOLD     112          

SHALL SUBMIT TO FINGER IMAGING AS PART OF THE ELIGIBILITY          113          

DETERMINATION OR REDETERMINATION PROCESS.                                       

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO A        116          

MEMBER OF AN ASSISTANCE GROUP OR HOUSEHOLD TO WHOM ANY OF THE      118          

FOLLOWING APPLY:                                                                

      (1)  THE MEMBER IS A MINOR CHILD, UNLESS A COUNTY            120          

DEPARTMENT OF JOB AND FAMILY SERVICES HAS A REASONABLE SUSPICION   121          

THAT THE MINOR CHILD IS RECEIVING ASSISTANCE FROM THE PUBLIC       122          

ASSISTANCE PROGRAM UNDER A DIFFERENT NAME.                         123          

      (2)  THE TECHNOLOGY THE STATEWIDE AUTOMATED FINGER IMAGING   125          

SYSTEM USES IS UNABLE TO OBTAIN FROM THE MEMBER AN ACCURATE        126          

FINGER IMAGE.                                                                   

      (3)  THE MEMBER IS A RESIDENT OF A NURSING HOME, AS DEFINED  128          

IN SECTION 3721.01 OF THE REVISED CODE.                            129          

      (4)  THE MEMBER IS EXEMPT FROM THE REQUIREMENT OF DIVISION   131          

(A) OF THIS SECTION PURSUANT TO RULES ADOPTED UNDER SECTION        132          

5101.875 OF THE REVISED CODE.                                      133          

      Sec. 5101.874.  FOR THE PURPOSE OF CONNECTING THE STATEWIDE  135          

AUTOMATED FINGER IMAGING SYSTEM IMPLEMENTED UNDER SECTIONS         137          

                                                          4      


                                                                 
5101.871 AND 5101.872 OF THE REVISED CODE WITH SIMILAR SYSTEMS TO  139          

EXPAND THE ABILITY OF THE SYSTEMS TO PREVENT AN INDIVIDUAL FROM    140          

RECEIVING ASSISTANCE FROM A PUBLIC ASSISTANCE PROGRAM UNDER MORE   141          

THAN ONE NAME, THE DIRECTOR OF JOB AND FAMILY SERVICES MAY ENTER   142          

INTO AGREEMENTS WITH THE FOLLOWING TO SHARE FINGER IMAGES:         143          

      (A)  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN        146          

SERVICES;                                                                       

      (B)  THE UNITED STATES DEPARTMENT OF AGRICULTURE;            149          

      (C)  AN ENTITY OF ANOTHER STATE ADMINISTERING A PUBLIC       151          

ASSISTANCE PROGRAM.                                                152          

      Sec. 5101.875.  THE DIRECTOR OF JOB AND FAMILY SERVICES      154          

SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED   155          

CODE TO IMPLEMENT SECTIONS 5101.87 TO 5101.875 OF THE REVISED      157          

CODE.  THE RULES SHALL INCLUDE ADDITIONAL EXEMPTIONS FROM THE      159          

REQUIREMENT OF DIVISION (A) OF SECTION 5101.873 OF THE REVISED     160          

CODE THAT THE DIRECTOR DETERMINES TO BE APPROPRIATE.  HOMEBOUND    161          

INDIVIDUALS MAY BE INCLUDED IN THE EXEMPTIONS.                     162          

      Section 2.  All items in this section are hereby             164          

appropriated as designated out of any moneys in the state          165          

treasury to the credit of the General Revenue Fund.  For all       166          

appropriations made in this act, those in the first column are                  

for fiscal year 2000 and those in the second column are for        167          

fiscal year 2001.  The appropriations made in this act are in      168          

addition to any other appropriations made for the 1999-2001        169          

biennium.                                                                       

           JFS  DEPARTMENT OF JOB AND FAMILY SERVICES              171          

General Revenue Fund                                               173          

GRF 600-402 Electronic Benefits                                    175          

            Transfer (EBT)                                         176          

                State             $            0 $    2,500,000    180          

TOTAL GRF General Revenue Fund                                     181          

    State                         $            0 $    2,500,000    185          

TOTAL ALL BUDGET FUND GROUPS      $            0 $    2,500,000    188          

      Statewide Automated Finger Imaging System                    191          

                                                          5      


                                                                 
      Of the foregoing appropriation item 600-402, Electronic      193          

Benefits Transfer, State, $2,500,000 shall be expended in Fiscal   194          

Year 2001 to implement a statewide automated finger imaging        195          

system in accordance with sections 5101.87 to 5101.875 of the      196          

Revised Code.                                                                   

      Within the limits set forth in this act, the Director of     198          

Budget and Management shall establish accounts indicating source   199          

and amount of funds for each appropriation made in this act, and   200          

shall determine the form and manner in which appropriation         201          

accounts shall be maintained.  Expenditures from appropriations    202          

contained in this act shall be accounted for as though made in                  

Am. Sub. H.B. 283 of the 123rd General Assembly.                   203          

      The appropriations made in this act are subject to all       205          

provisions of Am. Sub. H.B. 283 of the 123rd General Assembly.     206          

      Section 3.  The codified and uncodified sections of law      208          

contained in this act are not subject to the referendum.           209          

Therefore, under Ohio Constitution, Article II, Section 1d and     210          

section 1.471 of the Revised Code, the codified and uncodified     211          

sections of law contained in this act go into immediate effect                  

when this act becomes law.                                         212