As Introduced
136th General Assembly
Regular Session H. B. No. 174
2025-2026
Representatives Rader, Tims
Cosponsors: Representatives White, E., Brent, McNally, Sigrist, Denson, Synenberg, Lett, Upchurch, Abdullahi, Brennan, Mohamed, Brownlee, Thomas, C.
To enact section 5101.548 of the Revised Code to establish a program to refund SNAP recipients who have been victims of electronic theft or fraud, to name this act the No Hungry Families Act, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5101.548 of the Revised Code be enacted to read as follows:
Sec. 5101.548. (A) As used in this section:
(1) "Card cloning" means a form of theft that occurs when an unauthorized person uses data captured by skimming or other means to create fake electronic benefit transfer cards used to steal supplemental nutrition assistance program benefits.
(2) "Card skimming" means a form of theft that occurs when an unauthorized device is installed on a retailer's card reader machines, known as point-of-sale terminals, to capture card data or record supplemental nutrition assistance program households' personal identification numbers.
(3) "Electronic benefit theft" means theft of supplemental nutrition assistance program benefits by card skimming, card cloning, and other similar fraudulent methods such as scamming through fraudulent phone calls or text messages that mimic official department of job and family services or county department of job and family services messaging and phishing emails.
(4) "Phishing" means an attempt to deceive people into revealing sensitive information such as passwords, banking, and credit card details. Some phishing emails also contain malicious or unwanted software used to track recipients' online activities, steal their personal data, or slow their computers.
(5) "Scamming" means a form of theft in which a person is falsely deceived into giving benefits, electronic benefit transfer card information, or both to an unauthorized person.
(B)(1) Not later than sixty days after the effective date of this section, the director of job and family services shall establish a program to replace supplemental nutrition assistance program benefits for households that have had benefits stolen on or after December 21, 2024, as a result of electronic benefit theft. Benefits stolen before December 21, 2024, are ineligible for replacement under the program.
(2) The director shall prescribe a form for households to apply for replacement benefits. The form shall include a place for a recipient's signature, attesting that the household did not have knowledge of any transaction for which the household is applying for replacement benefits and did not authorize any such transaction.
(C) Supplemental nutrition program assistance benefits eligible for replacement are limited to both of the following:
(1) Regular supplemental nutrition assistance program benefits, including initial prorations;
(2) Disaster supplemental nutrition assistance program benefits.
(D)(1) The amount replaced under the program established under this section shall not exceed the lesser of the following:
(a) The amount of benefits stolen from the household as a result of electronic benefit theft;
(b) The amount that equals two months of the household's monthly allotment, as of the month in which the benefits were stolen as a result of electronic benefit theft.
(2) If an incident of electronic benefit theft occurs over the course of several transactions or days, calculations for the amount of replacement benefits for purposes of division (D)(1)(b) of this section shall be based on the date of the first occurrence of the electronic benefit theft.
(3) No household shall receive replacement benefits under this section more than twice in a fiscal year.
(E)(1) To receive replacement benefits, a household shall submit to the county department of job and family services a completed application form prescribed by the department of job and family services as follows:
(a) For supplemental nutrition assistance program benefits stolen on or after the effective date of this section, within ninety calendar days of the date the benefits were stolen or within ninety days of receiving a letter from the county department indicating the household may have been a victim of electronic benefit theft, whichever is later;
(b) For supplemental nutrition assistance program benefits stolen between December 21, 2024, and the effective date of this section, ninety calendar days from the effective date of this section.
(2) If a household submits an incomplete form or does not provide all required information as determined by the county department, the county department shall return the form to the household indicating what information is missing and shall allow the household fifteen calendar days to submit an updated form that includes the requested information.
(F)(1) Within thirty calendar days of receipt of a request of replacement benefits, the county department shall review the request and determine if the household is eligible for replacement benefits. If eligible, the department of job and family services shall replace the amount of stolen benefits permitted under division (D)(1) of this section.
(2) On receipt of a request for replacement of stolen benefits, the department shall send the household a new electronic benefit transfer card.
(G) In making its determination under division (F) of this section, a county department of job and family services shall conclude that benefits were stolen as a result of electronic benefit theft if there is evidence of two or more of the following:
(1) Transactions that occurred at a supplemental nutrition assistance program-authorized retailer known to the department of job and family services as previously processing fraudulent transactions;
(2) Even dollar transactions, high dollar transactions, or multiple transactions over a short period of time;
(3) Online transactions in which food was delivered to a location other than the household's address;
(4) Depleting the electronic benefit transfer card balance entirely or leaving a small amount, such as less than five dollars;
(5) Transactions outside of the household's normal shopping habits over the previous twelve months;
(6) Other evidence that supports the signed statement of the recipient attesting that the household had no knowledge of any transaction for which the household is applying for replacement benefits and did not authorize any such transaction.
(H) The county department of job and family services may deny an application for replacement benefits for one or more of the following reasons:
(1) The household fails to submit the application within the time frame described in division (E)(1) of this section.
(2) The application was submitted timely but was incomplete, and the household did not return the completed application within the time frame described in division (E)(2) of this section.
(3) The electronic benefit theft occurred before December 21, 2024.
(4) The household has already had stolen benefits replaced twice during the same fiscal year.
(5) Two or more validation claim criteria in division (G) of this section have not been established, as determined by the county department.
(6) The household reported a lost or stolen electronic benefit transfer card associated with unauthorized transactions that were not caused by electronic benefit theft.
(7) The household gave the electronic benefit transfer card and personal identification number to another person, and that person subsequently stole or misused the household's benefits.
(I) A household may request an administrative hearing to contest the denial of replacement benefits or the amount of replacement benefits approved. The household shall request the hearing within ninety calendar days of receiving the decision of the county department of job and family services regarding its application for replacement benefits. The department of job and family services shall not issue replacement benefits to the household while the appeal of the denial or amount is pending.
(J) The director of job and family services shall adopt rules to implement this section in accordance with Chapter 119. of the Revised Code.
Section 2. All items in this act are hereby appropriated as designated out of any moneys in the state treasury to the credit of the designated fund. For all operating appropriations made in this act, those in the first column are for fiscal year 2026 and those in the second column are for fiscal year 2027. The operating appropriations made in this act are in addition to any other operating appropriations made for these fiscal years.
Section 3.
|
1 |
2 |
3 |
4 |
5 |
A |
JFS DEPARTMENT OF JOB AND FAMILY SERVICES |
||||
B |
General Revenue Fund |
||||
C |
GRF |
600568 |
SNAP Replacement Benefits |
$17,000,000 |
$0 |
D |
TOTAL GRF General Revenue Fund |
$17,000,000 |
$0 |
||
E |
TOTAL ALL BUDGET FUND GROUPS |
$17,000,000 |
$0 |
||
SNAP REPLACEMENT BENEFITS
The foregoing appropriation item 600568, SNAP Replacement Benefits, shall be used to replace stolen Supplemental Nutrition Assistance Program benefits in accordance with section 5101.548 of the Revised Code.
On July 1, 2026, or as soon as possible thereafter, the Director of Job and Family Services may certify to the Director of Budget and Management an amount up to the unexpended, unencumbered balance of the foregoing appropriation item 600568, SNAP Replacement Benefits, at the end of fiscal year 2026 to be reappropriated to fiscal year 2027. The amount certified is hereby reappropriated to the same appropriation item for fiscal year 2027.
Section 4. Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act, and shall determine the manner in which appropriation accounts shall be maintained. Expenditures from operating appropriations contained in this act shall be accounted for as though made in, and are subject to all applicable provisions of, the main operating appropriations act of the 136th General Assembly.
Section 5. This act shall be known as the No Hungry Families Act.