1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," in public assistance,
4further providing for eligibility for persons with drug-
5related felonies.

6WHEREAS, The General Assembly has the responsibility to
7prevent and deter the misuse of taxpayer-funded welfare
8benefits, an issue uniquely within the purview of the General
9Assembly as the body most representative of the people of this
10Commonwealth; and

11WHEREAS, A person's participation in welfare programs is
12optional and conditioned on accepting the terms set by the
13General Assembly; and

14WHEREAS, No one has a right or legal claim to taxpayer-funded
15welfare benefits; and

16WHEREAS, Welfare must be a temporary bridge to help citizens
17join the workforce and achieve self-sufficiency; and

1WHEREAS, The participation in the illegal drug trade is a
2substantial barrier to a welfare recipient returning to the work
3force; and

4WHEREAS, The General Assembly finds and declares that the
5intent of this legislation is:

6(1)  To ensure taxpayer-funded welfare benefits are not
7used to purchase illicit drugs.

8(2)  To reduce the illegal drug trade, which causes
9substantial damage to the social, moral and financial fabric
10of this Commonwealth.

11(3)  To discourage the use of illicit drugs.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 432.24 of the act of June 13, 1967
15(P.L.31, No.21), known as the Public Welfare Code, added June
1630, 2011 (P.L.89, No.22), is amended to read:

17Section 432.24. Eligibility for Persons with Drug-related
18Felonies.--(a) To the extent permitted by Federal law, a person
19who is otherwise eligible to receive public assistance shall not
20be denied assistance solely because he has been convicted of a
21felony drug offense, provided:

22(1) He is complying with or has already complied with the
23obligations imposed by the criminal court.

24(2) He is actively engaged in or has completed a court-
25ordered substance abuse treatment program and participates in
26periodic drug screenings for five years after the drug-related
27conviction or for the duration of probation, whichever is of
28longer duration.

29(b) Under the screening for the drug test and retest program
30the department shall:

1(1) Require a recipient be scheduled to be tested if he has
2either a felony conviction for a drug offense which occurred
3within five years or a felony conviction for a drug offense for
4which he is presently on probation subject to the following
5conditions:

6(i) An individual who is applying for public assistance is
7required to be tested and shall be tested at the time the
8application for public assistance is made.

9(ii) A recipient already receiving public assistance as of
10the effective date of this section shall be scheduled to be
11tested in accordance with paragraph (2).

12(2) Develop and implement a system for randomly testing no
13less than twenty percent of the individuals receiving public
14assistance benefits during each six-month period following the
15effective date of this section who are subject to testing for
16the presence of illegal drugs under this section.

17(3) Deny public assistance to an individual who refuses to
18take the drug test or the drug retest required by this section
19and terminate the public assistance benefits for anyone who
20refuses to submit to the random drug test required by this
21section.

22(c) An individual who takes the drug test or retest and
23fails it shall be subject to the following sanctions:

24(1) For failing a drug test or retest the first time, an 
25individual shall be provided an assessment for addiction and 
26provided treatment for addiction as indicated by treatment 
27criteria developed by the Single State Authority on Drugs and 
28Alcohol. Assessments shall be conducted by the Single County 
29Authority (SCA) on Drugs and Alcohol or a designee. Treatment 
30recommended shall be provided by facilities licensed by the
 

1Division of Drug and Alcohol Program Licensure in the Department 
2of Health. Medicaid eligibility and determinations shall be 
3expedited to ensure access to assessment and addiction treatment 
4through Medicaid. If the individual cooperates with the 
5assessment and treatment, no penalty will be imposed. If the 
6individual refuses to cooperate with the assessment and 
7treatment, the public assistance shall be suspended for six 
8months. The department must notify the individual of the failed 
9drug test no later than seven days after receipt of the drug 
10test results, and the suspension in public assistance will begin 
11on the next scheduled distribution of public assistance and for 
12every other distribution of public assistance until the 
13suspension period lapses. After suspension, an individual may 
14apply for public assistance, but shall submit to a retest.

15(2) For failing a drug test or retest the second time, the
16public assistance to which the individual is entitled shall be
17suspended for twelve months. The department must notify the
18individual of the failed drug test no later than seven days
19after receipt of the drug test results, and the suspension in
20public assistance shall begin on the next scheduled distribution
21of public assistance and for every other distribution of public
22assistance until the suspension period lapses. After suspension,
23an individual may then reapply for public assistance, but shall
24submit to a retest.

25(3) For failing a drug test or retest the third time, the
26individual shall no longer be entitled to public assistance.

27(d) Nothing in this section shall be construed to render
28applicants or recipients who fail a drug test or drug retest
29ineligible for:

30(1) a Commonwealth program that pays the costs for

1participating in a drug treatment program;

2(2) a medical assistance program; or

3(3) another benefit not included within the definition of
4public assistance as defined under this act.

5[(e) Notwithstanding any other provision in this section,
6the department shall, in its sole discretion, determine when it
7is cost effective to implement the provisions of this section.

8(f) Within six months of the effective date of this section,
9the department shall submit a written report detailing the
10department's determination whether it is cost effective to
11implement the provisions of this section. Nothing in this
12section shall prohibit the department from implementation of
13this program prior to the issuance of the report. The report
14shall be submitted to the Governor, the General Assembly, the
15chairperson and minority chairperson of the Public Health and
16Welfare Committee of the Senate, the chairperson and minority
17chairperson of the Health Committee of the House of
18Representatives and the Inspector General.]

19(g) As used in this section, the following words and phrases
20shall have the meanings given to them in this subsection unless
21the context clearly indicates otherwise:

22"Drug offense" means an offense resulting in a conviction for
23the possession, use or distribution of a controlled substance,
24or conspiracy to commit the offense, whether the offense
25occurred in this Commonwealth or in another jurisdiction.

26"Drug test" or "drug retest" means a urinalysis, blood test
27or another scientific study of an individual's body which has
28been conclusively found to detect the presence or prior use of
29an illegal drug or substance and for which the accuracy has been
30accepted in the scientific community.

1"Public assistance" means Temporary Assistance to Needy
2Families (TANF), Federal food stamps, general assistance and
3State supplemental assistance.

4Section 2. This act shall take effect in 60 days.