Ohio-2011-HB252-Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 252

Representative Young

Cosponsors: Representatives Henne, Maag, Newbold, Martin, Buchy, Beck, Sprague, Blessing, Ruhl, Johnson, Bubp, Combs, Roegner, Thompson, Adams, J.

A BILL

To amend sections 4123.01, 5104.30, 5107.05, 5111.01,

and 5115.02 and to enact sections 3801.01,

3801.02, 3801.03, and 3801.04 of the Revised Code

to require a prosecuting attorney to ask the

Immigration and Naturalization Service of the

United States to verify or ascertain the

immigration status of an offender who has been

convicted of or pleaded guilty to a felony, to

require a prosecuting attorney if the INS informs

the prosecutor that the offender is an illegal

alien to notify the alleged felon's employer, the

Department of Job and Family Services, the

Registrar of Motor Vehicles, and the Secretary of

State, to make illegal aliens ineligible for

certain state public benefits, and to prohibit the

Registrar of Motor Vehicles from issuing a

driver's license to an alleged felon with respect

to whom a prosecuting attorney has given the

Registrar the above notice and require the

Registrar to cancel any driver's licenses issued

to such an alleged felon.

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

Section 1. That sections 4123.01, 5104.30, 5107.05, 5111.01,	22
and 5115.02 be amended and sections 3801.01, 3801.02, 3801.03, and	23
3801.04 of the Revised Code be enacted to read as follows:	24

Sec. 3801.01. As used in this chapter:

(A) "Alien" means a person who is not a United States citizen	26
or a United States national.	27

(B) "Illegal alien" means an alien who is deportable, as	28
determined by the immigration and naturalization service of the	29
United States, because of one of the following:	30

(1) The alien entered the United States illegally without the	31
proper authorization and documents.	32

(2) The alien once entered the United States legally and has	33
since violated the terms of the status under which the alien	34
entered the United States.	35

(3) The alien once entered the United States legally but has	36
overstayed the time limits of the original legal status.	37

Sec. 3801.02. (A) If an individual has been convicted of or	38
pleaded guilty to a felony, the prosecuting attorney who	39
prosecuted the offender's case shall request the immigration and	40
naturalization service of the United States to verify or ascertain	41
the citizenship or immigration status of the offender pursuant to	42
8 U.S.C. 1373 of the federal "Immigration and Nationality Act." If	43
the response of the immigration and naturalization service of the	44
United States states that the immigration and naturalization	45
service has determined that the offender is an illegal alien, the	46
prosecuting attorney shall make the notifications required under	47
sections 3801.03 and 3801.04 of the Revised Code. If the response	48
of the immigration and naturalization service states that the	49
immigration and naturalization service has not determined that the	50
offender is an illegal alien but the prosecuting attorney has	51
reasonable cause to believe that the offender is an illegal alien,	52
the prosecuting attorney shall contact the immigration and	53
naturalization service and provide the immigration and	54
naturalization service with the offender's name, address, and	55
other identifying information. If the offender is currently	56
incarcerated in a jail, prison, or other place of detention, the	57
prosecuting attorney shall provide the United States immigration	58
and naturalization service with the name and location of the jail,	59
prison, or other place of detention in which the offender is being	60
held.	61

(B) Except as provided by federal law, officials and agencies	62
of this state or of political subdivisions of this state are not	63
prohibited or in any way restricted from sending to or receiving	64
from the United States immigration and naturalization service	65
information relative to an individual's citizenship or immigration	66
status, maintaining information relative to the individual's	67
citizenship or immigration status, or exchanging information	68
relative to the individual's citizenship or immigration status	69
with any other federal, state, or local government official or	70
entity.	71

Sec. 3801.03. If a prosecuting attorney has received a	72
response to a request made by the prosecuting attorney under	73
section 3801.02 of the Revised Code that states that the	74
immigration and naturalization service of the United States has	75
determined that the offender is an illegal alien, the prosecuting	76
attorney shall notify the offender's employer, if the offender is	77
employed, that the employment of the individual may violate 8	78
U.S.C. 1324a of the United States "Immigration and Nationality	79
Act," 8 U.S.C. 1101 et seq., as amended.	80

Sec. 3801.04. (A) If a prosecuting attorney has received a	81
response to a request made by the prosecuting attorney under	82
section 3801.02 of the Revised Code that states that the	83
immigration and naturalization service of the United States has	84
determined that the offender is an illegal alien, the prosecuting	85
attorney shall notify the department of job and family services.	86
The notification shall include the offender's name, address, and	87
any other identifying information in the possession of the	88
prosecuting attorney. The department of job and family services	89
shall notify the offender that the department will not provide to	90
the offender unemployment compensation benefits under Chapter	91
4141. of the Revised Code, supplemental nutrition assistance	92
program benefits under sections 5101.54 to 5101.544 of the Revised	93
Code, children's health insurance program benefits under section	94
5101.50 to 5101.53 of the Revised Code, or other benefits	95
administered by the department. The department shall provide to	96
the offender any of these benefits if the offender is eligible for	97
the benefit under another section of the Revised Code and shall	98
amend the notification to the offender as appropriate.	99

(B) If a prosecuting attorney has received a response to a	100
request made by the prosecuting attorney under section 3801.02 of	101
the Revised Code that states that the immigration and	102
naturalization service of the United States has determined that	103
the offender is an illegal alien, the prosecuting attorney shall	104
notify the registrar of motor vehicles. The notification shall	105
include the offender's name, address, and any other identifying	106
information in the possession of the prosecuting attorney. The	107
registrar shall notify the offender that the registrar will not	108
issue a temporary instruction permit, a driver's license, or	109
commercial driver's license to the offender and will cancel any	110
driver's or commercial driver's license that has been issued to	111
the offender.	112

(C)(1) If a prosecuting attorney has received a response to a	113
request made by the prosecuting attorney under section 3801.02 of	114
the Revised Code that states that the immigration and	115
naturalization service of the United States has determined that	116
the offender is an illegal alien, the prosecuting attorney shall	117
notify the secretary of state. The notification shall include the	118
offender's name, address, and any other information in the	119
possession of the prosecuting attorney.	120

(2) If the offender is a registered elector, the offender's	121
registration shall be canceled pursuant to section 3503.21 of the	122
Revised Code. A board of elections shall not register the offender	123
as an elector.	124

(3) The secretary of state shall investigate whether the	125
offender has voted in an election while the offender was not a	126
legally qualified elector in violation of section 3599.12 of the	127
Revised Code.	128

Sec. 4123.01. As used in this chapter:

129

(A)(1) "Employee" means:

130

(a) Every person in the service of the state, or of any	131
county, municipal corporation, township, or school district	132
therein, including regular members of lawfully constituted police	133
and fire departments of municipal corporations and townships,	134
whether paid or volunteer, and wherever serving within the state	135
or on temporary assignment outside thereof, and executive officers	136
of boards of education, under any appointment or contract of hire,	137
express or implied, oral or written, including any elected	138
official of the state, or of any county, municipal corporation, or	139
township, or members of boards of education.	140

As used in division (A)(1)(a) of this section, the term	141
"employee" includes the following persons when responding to an	142
inherently dangerous situation that calls for an immediate	143
response on the part of the person, regardless of whether the	144
person is within the limits of the jurisdiction of the person's	145
regular employment or voluntary service when responding, on the	146
condition that the person responds to the situation as the person	147
otherwise would if the person were on duty in the person's	148
jurisdiction:	149

(i) Off-duty peace officers. As used in division (A)(1)(a)(i)	150
of this section, "peace officer" has the same meaning as in	151
section 2935.01 of the Revised Code.	152

(ii) Off-duty firefighters, whether paid or volunteer, of a	153
lawfully constituted fire department.	154

(iii) Off-duty first responders, emergency medical	155
technicians-basic, emergency medical technicians-intermediate, or	156
emergency medical technicians-paramedic, whether paid or	157
volunteer, of an ambulance service organization or emergency	158
medical service organization pursuant to Chapter 4765. of the	159
Revised Code.	160

(b) Every person in the service of any person, firm, or	161
private corporation, including any public service corporation,	162
that (i) employs one or more persons regularly in the same	163
business or in or about the same establishment under any contract	164
of hire, express or implied, oral or written, including legal	165
aliens and minors, household workers who earn one hundred sixty	166
dollars or more in cash in any calendar quarter from a single	167
household and casual workers who earn one hundred sixty dollars or	168
more in cash in any calendar quarter from a single employer, or	169
(ii) is bound by any such contract of hire or by any other written	170
contract, to pay into the state insurance fund the premiums	171
provided by this chapter.	172

(c) Every person who performs labor or provides services	173
pursuant to a construction contract, as defined in section 4123.79	174
of the Revised Code, if at least ten of the following criteria	175
apply:	176

(i) The person is required to comply with instructions from	177
the other contracting party regarding the manner or method of	178
performing services;	179

(ii) The person is required by the other contracting party to	180
have particular training;	181

(iii) The person's services are integrated into the regular	182
functioning of the other contracting party;	183

(iv) The person is required to perform the work personally;

184

(v) The person is hired, supervised, or paid by the other	185
contracting party;	186

(vi) A continuing relationship exists between the person and	187
the other contracting party that contemplates continuing or	188
recurring work even if the work is not full time;	189

(vii) The person's hours of work are established by the other	190
contracting party;	191

(viii) The person is required to devote full time to the	192
business of the other contracting party;	193

(ix) The person is required to perform the work on the	194
premises of the other contracting party;	195

(x) The person is required to follow the order of work set by	196
the other contracting party;	197

(xi) The person is required to make oral or written reports	198
of progress to the other contracting party;	199

(xii) The person is paid for services on a regular basis such	200
as hourly, weekly, or monthly;	201

(xiii) The person's expenses are paid for by the other	202
contracting party;	203

(xiv) The person's tools and materials are furnished by the	204
other contracting party;	205

(xv) The person is provided with the facilities used to	206
perform services;	207

(xvi) The person does not realize a profit or suffer a loss	208
as a result of the services provided;	209

(xvii) The person is not performing services for a number of	210
employers at the same time;	211

(xviii) The person does not make the same services available	212
to the general public;	213

(xix) The other contracting party has a right to discharge	214
the person;	215

(xx) The person has the right to end the relationship with	216
the other contracting party without incurring liability pursuant	217
to an employment contract or agreement.	218

Every person in the service of any independent contractor or	219
subcontractor who has failed to pay into the state insurance fund	220
the amount of premium determined and fixed by the administrator of	221
workers' compensation for the person's employment or occupation or	222
if a self-insuring employer has failed to pay compensation and	223
benefits directly to the employer's injured and to the dependents	224
of the employer's killed employees as required by section 4123.35	225
of the Revised Code, shall be considered as the employee of the	226
person who has entered into a contract, whether written or verbal,	227
with such independent contractor unless such employees or their	228
legal representatives or beneficiaries elect, after injury or	229
death, to regard such independent contractor as the employer.	230

(d) Every person to whom all of the following apply:

231

(i) The person is a resident of a state other than this state	232
and is covered by that other state's workers' compensation law;	233

(ii) The person performs labor or provides services for that	234
person's employer while temporarily within this state;	235

(iii) The laws of that other state do not include the	236
provisions described in division (H)(4) of section 4123.54 of the	237
Revised Code.	238

(2) "Employee" does not mean any of the following:

239

(a) A duly ordained, commissioned, or licensed minister or	240
assistant or associate minister of a church in the exercise of	241
ministry;	242

(b) Any officer of a family farm corporation;

243

244

(d) An illegal alien, as defined in section 3801.01 of the	245
Revised Code;	246

~~(d)~~(e) An individual who otherwise is an employee of an	247
employer but who signs the waiver and affidavit specified in	248
section 4123.15 of the Revised Code on the condition that the	249
administrator has granted a waiver and exception to the	250
individual's employer under section 4123.15 of the Revised Code.	251

Any employer may elect to include as an "employee" within	252
this chapter, any person excluded from the definition of	253
"employee" pursuant to division (A)(2) of this section. If an	254
employer is a partnership, sole proprietorship, individual	255
incorporated as a corporation, or family farm corporation, such	256
employer may elect to include as an "employee" within this	257
chapter, any member of such partnership, the owner of the sole	258
proprietorship, the individual incorporated as a corporation, or	259
the officers of the family farm corporation. In the event of an	260
election, the employer shall serve upon the bureau of workers'	261
compensation written notice naming the persons to be covered,	262
include such employee's remuneration for premium purposes in all	263
future payroll reports, and no person excluded from the definition	264
of "employee" pursuant to division (A)(2) of this section,	265
proprietor, individual incorporated as a corporation, or partner	266
shall be deemed an employee within this division until the	267
employer has served such notice.	268

For informational purposes only, the bureau shall prescribe	269
such language as it considers appropriate, on such of its forms as	270
it considers appropriate, to advise employers of their right to	271
elect to include as an "employee" within this chapter a sole	272
proprietor, any member of a partnership, an individual	273
incorporated as a corporation, the officers of a family farm	274
corporation, or a person excluded from the definition of	275
"employee" under division (A)(2) of this section, that they should	276
check any health and disability insurance policy, or other form of	277
health and disability plan or contract, presently covering them,	278
or the purchase of which they may be considering, to determine	279
whether such policy, plan, or contract excludes benefits for	280
illness or injury that they might have elected to have covered by	281
workers' compensation.	282

(B) "Employer" means:

283

(1) The state, including state hospitals, each county,	284
municipal corporation, township, school district, and hospital	285
owned by a political subdivision or subdivisions other than the	286
state;	287

(2) Every person, firm, professional employer organization as	288
defined in section 4125.01 of the Revised Code, and private	289
corporation, including any public service corporation, that (a)	290
has in service one or more employees or shared employees regularly	291
in the same business or in or about the same establishment under	292
any contract of hire, express or implied, oral or written, or (b)	293
is bound by any such contract of hire or by any other written	294
contract, to pay into the insurance fund the premiums provided by	295
this chapter.	296

All such employers are subject to this chapter. Any member of	297
a firm or association, who regularly performs manual labor in or	298
about a mine, factory, or other establishment, including a	299
household establishment, shall be considered an employee in	300
determining whether such person, firm, or private corporation, or	301
public service corporation, has in its service, one or more	302
employees and the employer shall report the income derived from	303
such labor to the bureau as part of the payroll of such employer,	304
and such member shall thereupon be entitled to all the benefits of	305
an employee.	306

(C) "Injury" includes any injury, whether caused by external	307
accidental means or accidental in character and result, received	308
in the course of, and arising out of, the injured employee's	309
employment. "Injury" does not include:	310

(1) Psychiatric conditions except where the claimant's	311
psychiatric conditions have arisen from an injury or occupational	312
disease sustained by that claimant or where the claimant's	313
psychiatric conditions have arisen from sexual conduct in which	314
the claimant was forced by threat of physical harm to engage or	315
participate;	316

(2) Injury or disability caused primarily by the natural	317
deterioration of tissue, an organ, or part of the body;	318

(3) Injury or disability incurred in voluntary participation	319
in an employer-sponsored recreation or fitness activity if the	320
employee signs a waiver of the employee's right to compensation or	321
benefits under this chapter prior to engaging in the recreation or	322
fitness activity;	323

(4) A condition that pre-existed an injury unless that	324
pre-existing condition is substantially aggravated by the injury.	325
Such a substantial aggravation must be documented by objective	326
diagnostic findings, objective clinical findings, or objective	327
test results. Subjective complaints may be evidence of such a	328
substantial aggravation. However, subjective complaints without	329
objective diagnostic findings, objective clinical findings, or	330
objective test results are insufficient to substantiate a	331
substantial aggravation.	332

(D) "Child" includes a posthumous child and a child legally	333
adopted prior to the injury.	334

(E) "Family farm corporation" means a corporation founded for	335
the purpose of farming agricultural land in which the majority of	336
the voting stock is held by and the majority of the stockholders	337
are persons or the spouse of persons related to each other within	338
the fourth degree of kinship, according to the rules of the civil	339
law, and at least one of the related persons is residing on or	340
actively operating the farm, and none of whose stockholders are a	341
corporation. A family farm corporation does not cease to qualify	342
under this division where, by reason of any devise, bequest, or	343
the operation of the laws of descent or distribution, the	344
ownership of shares of voting stock is transferred to another	345
person, as long as that person is within the degree of kinship	346
stipulated in this division.	347

(F) "Occupational disease" means a disease contracted in the	348
course of employment, which by its causes and the characteristics	349
of its manifestation or the condition of the employment results in	350
a hazard which distinguishes the employment in character from	351
employment generally, and the employment creates a risk of	352
contracting the disease in greater degree and in a different	353
manner from the public in general.	354

(G) "Self-insuring employer" means an employer who is granted	355
the privilege of paying compensation and benefits directly under	356
section 4123.35 of the Revised Code, including a board of county	357
commissioners for the sole purpose of constructing a sports	358
facility as defined in section 307.696 of the Revised Code,	359
provided that the electors of the county in which the sports	360
facility is to be built have approved construction of a sports	361
facility by ballot election no later than November 6, 1997.	362

(H) "Public employer" means an employer as defined in	363
division (B)(1) of this section.	364

(I) "Sexual conduct" means vaginal intercourse between a male	365
and female; anal intercourse, fellatio, and cunnilingus between	366
persons regardless of gender; and, without privilege to do so, the	367
insertion, however slight, of any part of the body or any	368
instrument, apparatus, or other object into the vaginal or anal	369
cavity of another. Penetration, however slight, is sufficient to	370
complete vaginal or anal intercourse.	371

(J) "Other-states' insurer" means an insurance company that	372
is authorized to provide workers' compensation insurance coverage	373
in any of the states that permit employers to obtain insurance for	374
workers' compensation claims through insurance companies.	375

(K) "Other-states' coverage" means insurance coverage	376
purchased by an employer for workers' compensation claims that	377
arise in a state or states other than this state and that are	378
filed by the employees of the employer or those employee's	379
dependents, as applicable, in that other state or those other	380
states.	381

Sec. 5104.30. (A) The department of job and family services	382
is hereby designated as the state agency responsible for	383
administration and coordination of federal and state funding for	384
publicly funded child care in this state. Publicly funded child	385
care shall be provided to the following:	386

(1) Recipients of transitional child care as provided under	387
section 5104.34 of the Revised Code;	388

(2) Participants in the Ohio works first program established	389
under Chapter 5107. of the Revised Code;	390

(3) Individuals who would be participating in the Ohio works	391
first program if not for a sanction under section 5107.16 of the	392
Revised Code and who continue to participate in a work activity,	393
developmental activity, or alternative work activity pursuant to	394
an assignment under section 5107.42 of the Revised Code;	395

(4) A family receiving publicly funded child care on October	396
1, 1997, until the family's income reaches one hundred fifty per	397
cent of the federal poverty line;	398

(5) Subject to available funds, other individuals determined	399
eligible in accordance with rules adopted under section 5104.38 of	400
the Revised Code.	401

The department shall apply to the United States department of	402
health and human services for authority to operate a coordinated	403
program for publicly funded child care, if the director of job and	404
family services determines that the application is necessary. For	405
purposes of this section, the department of job and family	406
services may enter into agreements with other state agencies that	407
are involved in regulation or funding of child care. The	408
department shall consider the special needs of migrant workers	409
when it administers and coordinates publicly funded child care and	410
shall develop appropriate procedures for accommodating the needs	411
of migrant workers for publicly funded child care.	412

(B)(1) The department of job and family services shall	413
distribute state and federal funds for publicly funded child care,	414
including appropriations of state funds for publicly funded child	415
care and appropriations of federal funds available under the child	416
care block grant act, Title IV-A, and Title XX. The department may	417
use any state funds appropriated for publicly funded child care as	418
the state share required to match any federal funds appropriated	419
for publicly funded child care.	420

(2) The department shall not use state funds to provide	421
publicly funded child care to illegal aliens or to the families of	422
illegal aliens.	423

(C) In the use of federal funds available under the child	424
care block grant act, all of the following apply:	425

(1) The department may use the federal funds to hire staff to	426
prepare any rules required under this chapter and to administer	427
and coordinate federal and state funding for publicly funded child	428
care.	429

(2) Not more than five per cent of the aggregate amount of	430
the federal funds received for a fiscal year may be expended for	431
administrative costs.	432

(3) The department shall allocate and use at least four per	433
cent of the federal funds for the following:	434

(a) Activities designed to provide comprehensive consumer	435
education to parents and the public;	436

(b) Activities that increase parental choice;

437

(c) Activities, including child care resource and referral	438
services, designed to improve the quality, and increase the	439
supply, of child care;	440

(d) Establishing a voluntary child day-care center	441
quality-rating program in which participation in the program may	442
allow a child day-care center to be eligible for grants, technical	443
assistance, training, or other assistance and become eligible for	444
unrestricted monetary awards for maintaining a quality rating.	445

(4) The department shall ensure that the federal funds will	446
be used only to supplement, and will not be used to supplant,	447
federal, state, and local funds available on the effective date of	448
the child care block grant act for publicly funded child care and	449
related programs. If authorized by rules adopted by the department	450
pursuant to section 5104.42 of the Revised Code, county	451
departments of job and family services may purchase child care	452
from funds obtained through any other means.	453

(D) The department shall encourage the development of	454
suitable child care throughout the state, especially in areas with	455
high concentrations of recipients of public assistance and	456
families with low incomes. The department shall encourage the	457
development of suitable child care designed to accommodate the	458
special needs of migrant workers. On request, the department,	459
through its employees or contracts with state or community child	460
care resource and referral service organizations, shall provide	461
consultation to groups and individuals interested in developing	462
child care. The department of job and family services may enter	463
into interagency agreements with the department of education, the	464
board of regents, the department of development, and other state	465
agencies and entities whenever the cooperative efforts of the	466
other state agencies and entities are necessary for the department	467
of job and family services to fulfill its duties and	468
responsibilities under this chapter.	469

The department shall develop and maintain a registry of	470
persons providing child care. The director shall adopt rules	471
pursuant to Chapter 119. of the Revised Code establishing	472
procedures and requirements for the registry's administration.	473

(E)(1) The director shall adopt rules in accordance with	474
Chapter 119. of the Revised Code establishing both of the	475
following:	476

(a) Reimbursement ceilings for providers of publicly funded	477
child care not later than the first day of July in each	478
odd-numbered year;	479

(b) A procedure for reimbursing and paying providers of	480
publicly funded child care.	481

(2) In establishing reimbursement ceilings under division	482
(E)(1)(a) of this section, the director shall do all of the	483
following:	484

(a) Use the information obtained under division (B)(3) of	485
section 5104.04 of the Revised Code;	486

(b) Establish an enhanced reimbursement ceiling for providers	487
who provide child care for caretaker parents who work	488
nontraditional hours;	489

(c) For a type B family day-care home provider that has	490
received limited certification pursuant to rules adopted under	491
division (G)(1) of section 5104.011 of the Revised Code, establish	492
a reimbursement ceiling that is the following:	493

(i) If the provider is a person described in division	494
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	495
per cent of the reimbursement ceiling that applies to a type B	496
family day-care home certified by the same county department of	497
job and family services pursuant to section 5104.11 of the Revised	498
Code;	499

(ii) If the provider is a person described in division	500
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	501
cent of the reimbursement ceiling that applies to a type B family	502
day-care home certified by the same county department pursuant to	503
section 5104.11 of the Revised Code.	504

(3) In establishing reimbursement ceilings under division	505
(E)(1)(a) of this section, the director may establish different	506
reimbursement ceilings based on any of the following:	507

(a) Geographic location of the provider;

508

(b) Type of care provided;

509

510

(d) Special needs of the child served;

511

(e) Whether the expanded hours of service are provided;

512

(f) Whether weekend service is provided;

513

(g) Whether the provider has exceeded the minimum	514
requirements of state statutes and rules governing child care;	515

(h) Any other factors the director considers appropriate.

516

(F) The director shall adopt rules in accordance with Chapter	517
119. of the Revised Code to implement the voluntary child day-care	518
center quality-rating program described in division (C)(3)(d) of	519
this section.	520

(G) As used in this section, "illegal alien" has the same	521
meaning as in section 3801.01 of the Revised Code.	522

Sec. 5107.05. The director of job and family services shall	523
adopt rules to implement this chapter. The rules shall be	524
consistent with Title IV-A, Title IV-D, federal regulations, state	525
law, the Title IV-A state plan submitted to the United States	526
secretary of health and human services under section 5101.80 of	527
the Revised Code, amendments to the plan, and waivers granted by	528
the United States secretary. Rules governing eligibility, program	529
participation, and other applicant and participant requirements	530
shall be adopted in accordance with Chapter 119. of the Revised	531
Code. Rules governing financial and other administrative	532
requirements applicable to the department of job and family	533
services and county departments of job and family services shall	534
be adopted in accordance with section 111.15 of the Revised Code.	535

(A) The rules shall specify, establish, or govern all of the	536
following:	537

(1) A payment standard for Ohio works first based on federal	538
and state appropriations that is increased in accordance with	539
section 5107.04 of the Revised Code;	540

(2) For the purpose of section 5107.04 of the Revised Code,	541
the method of determining the amount of cash assistance an	542
assistance group receives under Ohio works first;	543

(3) Requirements for initial and continued eligibility for	544
Ohio works first, including requirements regarding income,	545
citizenship, age, residence, and assistance group composition;	546

(4) For the purpose of section 5107.12 of the Revised Code,	547
application and verification procedures, including the minimum	548
information an application must contain;	549

(5) The extent to which a participant of Ohio works first	550
must notify, pursuant to section 5107.12 of the Revised Code, a	551
county department of job and family services of additional income	552
not previously reported to the county department;	553

(6) For the purpose of section 5107.16 of the Revised Code,	554
all of the following:	555

(a) Standards for the determination of good cause for failure	556
or refusal to comply in full with a provision of a	557
self-sufficiency contract;	558

(b) The compliance form a member of an assistance group may	559
complete to indicate willingness to come into full compliance with	560
a provision of a self-sufficiency contract;	561

(c) The manner by which the compliance form is to be	562
completed and provided to a county department of job and family	563
services.	564

(7) The department of job and family services providing	565
written notice of a sanction under section 5107.161 of the Revised	566
Code;	567

(8) For the purpose of division (A)(2) of section 5107.17 of	568
the Revised Code, the period of time by which a county department	569
of job and family services is to receive a compliance form	570
established in rules adopted under division (A)(6)(b) of this	571
section;	572

(9) Requirements for the collection and distribution of	573
support payments owed participants of Ohio works first pursuant to	574
section 5107.20 of the Revised Code;	575

(10) For the purpose of section 5107.22 of the Revised Code,	576
what constitutes cooperating in establishing a minor child's	577
paternity or establishing, modifying, or enforcing a child support	578
order and good cause for failure or refusal to cooperate;	579

(11) The requirements governing the LEAP program, including	580
the definitions of "equivalent of a high school diploma" and "good	581
cause," and the incentives provided under the LEAP program;	582

(12) If the director implements section 5107.301 of the	583
Revised Code, the requirements governing the award provided under	584
that section, including the form that the award is to take and	585
requirements an individual must satisfy to receive the award;	586

(13) Circumstances under which a county department of job and	587
family services may exempt a minor head of household or adult from	588
participating in a work activity or developmental activity for all	589
or some of the weekly hours otherwise required by section 5107.43	590
of the Revised Code.	591

(14) The maximum amount of time the department will subsidize	592
positions created by state agencies and political subdivisions	593
under division (C) of section 5107.52 of the Revised Code;	594

(15) The implementation of sections 5107.71 to 5107.717 of	595
the Revised Code by county departments of job and family services;	596

(16) A domestic violence screening process to be used for the	597
purpose of division (A) of section 5107.71 of the Revised Code;	598

(17) The minimum frequency with which county departments of	599
job and family services must redetermine a member of an assistance	600
group's need for a waiver issued under section 5107.714 of the	601
Revised Code.	602

(B) The rules adopted under division (A)(3) of this section	603
regarding income shall specify what is countable income, gross	604
earned income, and gross unearned income for the purpose of	605
section 5107.10 of the Revised Code.	606

The rules adopted under division (A)(3) of this section	607
regarding eligibility requirements shall state that illegal aliens	608
are not eligible to participate in Ohio works first.	609

The rules adopted under division (A)(10) of this section	610
shall be consistent with 42 U.S.C. 654(29).	611

The rules adopted under division (A)(13) of this section	612
shall specify that the circumstances include that a school or	613
place of work is closed due to a holiday or weather or other	614
emergency and that an employer grants the minor head of household	615
or adult leave for illness or earned vacation.	616

(C) The rules may provide that a county department of job and	617
family services is not required to take action under section	618
5107.76 of the Revised Code to recover an erroneous payment that	619
is below an amount the department specifies.	620

(D) As used in this section, "illegal alien" has the same	621
meaning as in section 3801.01 of the Revised Code.	622

Sec. 5111.01. As used in this chapter, "medical assistance	623
program" or "medicaid" means the program that is authorized by	624
this chapter and provided by the department of job and family	625
services under this chapter, Title XIX of the "Social Security	626
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the	627
waivers of Title XIX requirements granted to the department by the	628
centers for medicare and medicaid services of the United States	629
department of health and human services.	630

The department of job and family services shall act as the	631
single state agency to supervise the administration of the	632
medicaid program. As the single state agency, the department shall	633
comply with 42 C.F.R. 431.10(e). The department's rules governing	634
medicaid are binding on other agencies that administer components	635
of the medicaid program. No agency may establish, by rule or	636
otherwise, a policy governing medicaid that is inconsistent with a	637
medicaid policy established, in rule or otherwise, by the director	638
of job and family services.	639

(A) The department of job and family services may provide	640
medical assistance under the medicaid program as long as federal	641
funds are provided for such assistance, to the following:	642

(1) Families with children that meet either of the following	643
conditions:	644

(a) The family meets the income, resource, and family	645
composition requirements in effect on July 16, 1996, for the	646
former aid to dependent children program as those requirements	647
were established by Chapter 5107. of the Revised Code, federal	648
waivers granted pursuant to requests made under former section	649
5101.09 of the Revised Code, and rules adopted by the department	650
or any changes the department makes to those requirements in	651
accordance with paragraph (a)(2) of section 114 of the "Personal	652
Responsibility and Work Opportunity Reconciliation Act of 1996,"	653
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	654
implementing section 5111.0120 of the Revised Code. An adult loses	655
eligibility for medicaid under division (A)(1)(a) of this section	656
pursuant to division (E) of section 5107.16 of the Revised Code.	657

(b) The family does not meet the requirements specified in	658
division (A)(1)(a) of this section but is eligible for medicaid	659
pursuant to section 5101.18 of the Revised Code.	660

(2) Aged, blind, and disabled persons who meet the following	661
conditions:	662

(a) Receive federal aid under Title XVI of the "Social	663
Security Act," or are eligible for but are not receiving such aid,	664
provided that the income from all other sources for individuals	665
with independent living arrangements shall not exceed one hundred	666
seventy-five dollars per month. The income standards hereby	667
established shall be adjusted annually at the rate that is used by	668
the United States department of health and human services to	669
adjust the amounts payable under Title XVI.	670

(b) Do not receive aid under Title XVI, but meet any of the	671
following criteria:	672

(i) Would be eligible to receive such aid, except that their	673
income, other than that excluded from consideration as income	674
under Title XVI, exceeds the maximum under division (A)(2)(a) of	675
this section, and incurred expenses for medical care, as	676
determined under federal regulations applicable to section 209(b)	677
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	678
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	679
their income exceeds the maximum under division (A)(2)(a) of this	680
section;	681

(ii) Received aid for the aged, aid to the blind, or aid for	682
the permanently and totally disabled prior to January 1, 1974, and	683
continue to meet all the same eligibility requirements;	684

(iii) Are eligible for medicaid pursuant to section 5101.18	685
of the Revised Code.	686

(3) Persons to whom federal law requires, as a condition of	687
state participation in the medicaid program, that medicaid be	688
provided;	689

(4) Persons under age twenty-one who meet the income	690
requirements for the Ohio works first program established under	691
Chapter 5107. of the Revised Code but do not meet other	692
eligibility requirements for the program. The director shall adopt	693
rules in accordance with Chapter 119. of the Revised Code	694
specifying which Ohio works first requirements shall be waived for	695
the purpose of providing medicaid eligibility under division	696
(A)(4) of this section.	697

(B) If sufficient funds are appropriated for the medicaid	698
program, the department may provide medical assistance under the	699
medicaid program to persons in groups designated by federal law as	700
groups to which a state, at its option, may provide medical	701
assistance under the medicaid program.	702

(C) The department may expand eligibility for the medicaid	703
program to include individuals under age nineteen with family	704
incomes at or below one hundred fifty per cent of the federal	705
poverty guidelines, except that the eligibility expansion shall	706
not occur unless the department receives the approval of the	707
federal government. The department may implement the eligibility	708
expansion authorized under this division on any date selected by	709
the department, but not sooner than January 1, 1998.	710

(D) In addition to any other authority or requirement to	711
adopt rules under this chapter, the director may adopt rules in	712
accordance with section 111.15 of the Revised Code as the director	713
considers necessary to establish standards, procedures, and other	714
requirements regarding the provision of medical assistance under	715
the medicaid program. The rules may establish requirements to be	716
followed in applying for medicaid, making determinations of	717
eligibility for medicaid, and verifying eligibility for medicaid.	718
The rules may include special conditions as the department	719
determines appropriate for making applications, determining	720
eligibility, and verifying eligibility for any medical assistance	721
that the department may provide under the medicaid program	722
pursuant to division (C) of this section and section 5111.014 or	723
5111.0120 of the Revised Code.	724

(E) Notwithstanding divisions (A) and (B) of this section,	725
the department shall not provide medical assistance under the	726
medicaid program to illegal aliens or to the families of illegal	727
aliens.	728

Sec. 5115.02. (A) An individual is not eligible for	729
disability financial assistance under this chapter if any of the	730
following apply:	731

(1) The individual is eligible to participate in the Ohio	732
works first program established under Chapter 5107. of the Revised	733
Code; eligible to receive supplemental security income provided	734
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475	735
(1972), 42 U.S.C. 1383, as amended; or eligible to participate in	736
or receive assistance through another state or federal program	737
that provides financial assistance similar to disability financial	738
assistance, as determined by the director of job and family	739
services;	740

(2) The individual is ineligible to participate in the Ohio	741
works first program because of any of the following:	742

(a) The time limit established by section 5107.18 of the	743
Revised Code;	744

(b) Failure to comply with an application or verification	745
procedure;	746

(c) The fraud control provisions of section 5101.83 of the	747
Revised Code or the fraud control program established pursuant to	748
45 C.F.R. 235.112, as in effect July 1, 1996;	749

(d) The self-sufficiency contract provisions of sections	750
5107.14 and 5107.16 of the Revised Code;	751

(e) The minor parent provisions of section 5107.24 of the	752
Revised Code;	753

(f) The provisions of section 5107.26 of the Revised Code	754
regarding termination of employment without just cause.	755

(3) The individual, or any of the other individuals included	756
in determining the individual's eligibility, is involved in a	757
strike, as defined in section 5107.10 of the Revised Code;	758

(4) For the purpose of avoiding consideration of property in	759
determinations of the individual's eligibility for disability	760
financial assistance or a greater amount of assistance, the	761
individual has transferred property during the two years preceding	762
application for or most recent redetermination of eligibility for	763
disability assistance;	764

(5) The individual is a child and does not live with the	765
child's parents, guardians, or other persons standing in place of	766
parents, unless the child is emancipated by being married, by	767
serving in the armed forces, or by court order;	768

(6) The individual ~~reside~~resides in a county home, city	769
infirmary, jail, or public institution;	770

(7) The individual is a fugitive felon as defined in section	771
5101.26 of the Revised Code;	772

(8) The individual is violating a condition of probation, a	773
community control sanction, parole, or a post-release control	774
sanction imposed under federal or state law.	775

(9) The individual is an illegal alien.

776

(B)~~(1) As used in division (B)(2) of this section,~~	777
~~"assistance group" has the same meaning as in section 5107.02 of~~	778
~~the Revised Code.~~	779

~~(2)~~ Ineligibility under division (A)(2)(c) or (d) of this	780
section applies as follows:	781

~~(a)~~(1) In the case of an individual who is under eighteen	782
years of age, the individual is ineligible only if the individual	783
caused the assistance group to be ineligible to participate in the	784
Ohio works first program or resides with an individual eighteen	785
years of age or older who was a member of the same ineligible	786
assistance group.	787

~~(b)~~(2) In the case of an individual who is eighteen years of	788
age or older, the individual is ineligible regardless of whether	789
the individual caused the assistance group to be ineligible to	790
participate in the Ohio works first program.	791

792

(1) "Assistance group" has the same meaning as in section	793
5107.02 of the Revised Code.	794

(2) "Illegal alien" has the same meaning as in section	795
3801.01 of the Revised Code.	796

Section 2. That existing sections 4123.01, 5104.30, 5107.05,	797
5111.01, and 5115.02 of the Revised Code are hereby repealed.	798