PRIOR PRINTER'S NOS. 1647, 2289, 3297, PRINTER'S NO. 4738
4427, 4558, 4695, 4732
No. 1401 Session of 2001
INTRODUCED BY OLIVER, THOMAS, BISHOP, CURRY, DeWEESE, HORSEY,
JAMES, JOSEPHS, MANDERINO, ROBINSON, ROEBUCK, SHANER,
WASHINGTON, WATERS, J. WILLIAMS, YOUNGBLOOD, McILHATTAN AND
STETLER, APRIL 24, 2001
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
NOVEMBER 26, 2002
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for Low-Income
21 Home Energy Assistance Block Grants; and exempting certain <--
22 persons from Federal law relating to public assistance; AND <--
23 PROVIDING FOR WOMEN'S PREGNANCY SUPPORT SERVICES.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
1 as The Administrative Code of 1929, is amended by adding a
2 section to read:
3 Section 626. Low-Income Home Energy Assistance Block
4 Grant.--(a) The Low-Income Home Energy Assistance Block Grant
5 (LIHEABG) is to help lessen the impact of the high cost of
6 energy on low-income families and individuals, including energy
7 efficiency grants for low-income dwellings. No less than fifteen
8 per centum (15%) of all LIHEABG funds received shall be used for
9 weatherization.
10 (b) The Department of Community and Economic Development
11 shall adopt regulations regarding the weatherization
12 requirements of subsection (a) after consultation with the
13 Department of Public Welfare.
14 (c) Unexpended LIHEABG weatherization funds which would
15 result in LIHEABG funds being returned to the Federal Department
16 of Health and Human Services may be spent for assistance grants
17 at the discretion of the Secretary of the Budget. The Secretary
18 of the Budget shall notify the chairman and minority chairman of
19 the Appropriations Committee of the Senate and the chairman and
20 the minority chairman of the Appropriations Committee of the
21 House of Representatives of the intent to reallocate any such
22 funds ten days prior to any reallocation.
23 Section 2. Section 2301 of the act, amended July 13, 1957
24 (P.L.852, No.390), is amended to read:
25 Section 2301. Powers and Duties in General.--(a) The
26 Department of Public Welfare shall, subject to any inconsistent
27 provisions in this act contained, continue to exercise the
28 powers and perform the duties by law vested in and imposed upon
29 the said department, the Secretary of Public Welfare, and the
30 former Department of Public Welfare, and Commissioner of Public
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1 Welfare, and the former Department of Welfare.
2 (b) Pursuant to the authorization provided to the states
3 under the Personal Responsibility and Work Opportunity
4 Reconciliation Act of 1996 (Public Law 104-193, 21 U.S.C. §
5 862a(d)(1)(A)), Pennsylvania elects to exempt all individuals
6 domiciled in the State from application of 21 U.S.C. § 862a(a).
7 After approval of benefits, the department shall refer all
8 affected individuals for assessment and treatment under the act
9 of April 14, 1972 (P.L.221, No.63), known as the "Pennsylvania
10 Drug and Alcohol Abuse Control Act." This subsection shall not
11 be construed to alter or supersede the provisions of section
12 405.1 of the act of June 13, 1967 (P.L.31, No.21), known as the
13 "Public Welfare Code."
14 Section 3. This act shall take effect July 1, 2003. <--
15 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
16 SECTION 2336. WOMEN'S PREGNANCY SUPPORT SERVICES.--(A) (1)
17 THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
18 (I) WOMEN CONFRONTED WITH UNPLANNED OR CRISIS PREGNANCIES
19 OFTEN ARE LEFT WITH THE IMPRESSION THAT ABORTION IS THE ONLY
20 CHOICE THAT THEY HAVE IN DEALING WITH THEIR PREGNANCIES.
21 (II) WOMEN OFTEN LACK ACCURATE INFORMATION, SUPPORTIVE
22 COUNSELING AND OTHER ASSISTANCE REGARDING ADOPTION AND PARENTING
23 AS ALTERNATIVES TO ABORTION.
24 (III) ORGANIZATIONS THAT PROVIDE ACCURATE INFORMATION,
25 SUPPORTIVE COUNSELING AND OTHER ASSISTANCE REGARDING ADOPTION
26 AND PARENTING AS ALTERNATIVES TO ABORTION CAN REACH WOMEN IN
27 NEED OF THEIR SERVICES AND PROVIDE FOR THEIR NEEDS IF THEY HAVE
28 SUFFICIENT RESOURCES.
29 (2) THE PURPOSE OF THIS SECTION IS:
30 (I) TO PROMOTE CHILDBIRTH AS A VIABLE AND POSITIVE
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1 ALTERNATIVE TO ABORTION AND TO EMPOWER THOSE FACING UNPLANNED OR
2 CRISIS PREGNANCIES TO CHOOSE CHILDBIRTH RATHER THAN ABORTION.
3 (II) TO CARRY OUT CLAUSE (1) BY SUPPORTING ENTITIES AND
4 PROJECTS THAT PROVIDE INFORMATION, COUNSELING AND SUPPORT
5 SERVICES THAT ASSIST WOMEN TO CHOOSE CHILDBIRTH AND TO MAKE
6 INFORMED DECISIONS REGARDING THE CHOICE OF ADOPTION OR PARENTING
7 WITH RESPECT TO THEIR CHILDREN.
8 (III) TO MAXIMIZE THE EFFECTIVENESS OF THIS SECTION BY
9 LIMITING THIS PROGRAM TO THOSE ENTITIES AND PROJECTS THAT HAVE A
10 STATED POLICY OF ACTIVELY PROMOTING CHILDBIRTH INSTEAD OF
11 ABORTION AND THAT HAVE EXPERIENCE IN PROVIDING ALTERNATIVE-TO-
12 ABORTION SERVICES.
13 (B) THE DEPARTMENT SHALL MAKE A GRANT TO A GRANTEE FOR
14 CARRYING OUT THE PURPOSES AUTHORIZED IN THIS SECTION FROM ANY
15 FUNDS APPROPRIATED FOR THIS PURPOSE.
16 (C) (1) GRANT FUNDS APPROPRIATED TO CARRY OUT THE PURPOSES
17 OF THIS SECTION MAY BE EXPENDED ONLY FOR THE OPERATION OF A
18 PROGRAM WHICH IS CARRIED OUT PURSUANT TO AGREEMENTS UNDER CLAUSE
19 (4) AND WHICH IS DESIGNED TO PROVIDE ALTERNATIVE-TO-ABORTION
20 SERVICES TO ELIGIBLE INDIVIDUALS AS DESCRIBED IN CLAUSE (2).
21 (2) AN INDIVIDUAL IS AN ELIGIBLE INDIVIDUAL FOR PURPOSES OF
22 CLAUSE (1) IF:
23 (I) THE INDIVIDUAL IS PREGNANT OR HAS REASONABLE GROUNDS TO
24 BELIEVE SHE MAY BE PREGNANT;
25 (II) THE INDIVIDUAL IS THE PARENT OR LEGAL GUARDIAN OF AN
26 INFANT WHO IS LESS THAN TWELVE (12) MONTHS OLD; OR
27 (III) THE INDIVIDUAL IS THE SPOUSE OR OTHER PARTNER OF AN
28 INDIVIDUAL DESCRIBED IN SUBCLAUSE (I) OR (II).
29 (3) THE DEPARTMENT MAY NOT IMPOSE INCOME LIMITS FOR ELIGIBLE
30 INDIVIDUALS.
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1 (4) GRANT FUNDS APPROPRIATED TO CARRY OUT THE PURPOSES OF
2 THIS SECTION SHALL BE AWARDED ONLY TO A GRANTEE OPERATED IN
3 ACCORDANCE WITH THE FOLLOWING:
4 (I) THE DEPARTMENT SHALL AWARD A GRANT TO A NONPROFIT
5 PRIVATE ENTITY THAT, UNDER THE AWARD, SHALL BE DESIGNATED AS THE
6 GRANTEE AND SHALL HAVE THE PRINCIPAL RESPONSIBILITY FOR
7 ADMINISTERING THE PROGRAM, INCLUDING ENTERING INTO AGREEMENTS
8 WITH SERVICE PROVIDERS.
9 (II) THE GRANTEE SHALL ENTER INTO AGREEMENTS WITH THOSE
10 SERVICE PROVIDERS THAT THE GRANTEE DEEMS TO BE BEST ABLE TO
11 ACCOMPLISH THE PURPOSES OF SUBSECTION (A)(2) FOR REIMBURSEMENT
12 OF ALTERNATIVE-TO-ABORTION SERVICES PROVIDED TO ELIGIBLE
13 INDIVIDUALS ON A FEE-FOR-SERVICE BASIS, AS PROVIDED IN
14 SUBSECTION (E)(2).
15 (III) THE GRANTEE MAY EXPEND FUNDS TO ADMINISTER THE
16 PROGRAM, TO REIMBURSE SERVICE PROVIDERS AND TO PROVIDE
17 ADDITIONAL SERVICES TO ASSIST THOSE PROVIDERS IN PROVIDING
18 ALTERNATIVE-TO-ABORTION SERVICES TO ELIGIBLE INDIVIDUALS
19 CONSISTENT WITH THE PURPOSES OF THIS SECTION, INCLUDING, BUT NOT
20 LIMITED TO, PROVIDING FOR A TOLL-FREE REFERRAL SYSTEM,
21 ADVERTISING OF ALTERNATIVE-TO-ABORTION SERVICES, PURCHASING OF
22 EDUCATIONAL MATERIALS AND AWARDING OF GRANTS FOR NEW SERVICE
23 PROVIDER SITES AND NEW PROJECT DEVELOPMENT.
24 (IV) AN ENTITY MAY NOT BECOME A GRANTEE UNLESS, CONSISTENT
25 WITH THE OVERALL PURPOSE OF THIS SECTION, IT HAS A STATED POLICY
26 OF ACTIVELY PROMOTING CHILDBIRTH INSTEAD OF ABORTION AND MEETS
27 ONE OF THE FOLLOWING CRITERIA:
28 (A) FOR THE FIVE-YEAR PERIOD PRECEDING THE DATE ON WHICH THE
29 ENTITY APPLIES TO RECEIVE THE GRANT, IT HAS BEEN ENGAGED
30 PRIMARILY IN THE PROVISION OF CORE SERVICES OR IT HAS OPERATED A
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1 PROJECT THAT PROVIDES SUCH SERVICES; OR
2 (B) IT ALREADY SERVES AS A GRANTEE PURSUANT TO A
3 COMMONWEALTH APPROPRIATION DESIGNED TO FUND ALTERNATIVE-TO-
4 ABORTION SERVICES.
5 (V) AN ENTITY MAY NOT BECOME A SERVICE PROVIDER UNLESS:
6 (A) IT OPERATES A SERVICE PROVIDER PROJECT THAT HAS A STATED
7 POLICY OF ACTIVELY PROMOTING CHILDBIRTH INSTEAD OF ABORTION;
8 (B) ITS PROJECT HAS BEEN PROVIDING ALTERNATIVE-TO-ABORTION
9 SERVICES TO CLIENTS FOR AT LEAST ONE (1) YEAR; AND
10 (C) ITS PROJECT IS PHYSICALLY AND FINANCIALLY SEPARATE FROM
11 ANY ENTITY THAT ADVOCATES, PERFORMS OR COUNSELS OR REFERS FOR
12 ABORTION.
13 (D) NO SERVICE PROVIDER PROJECT OR GRANTEE MAY PERFORM,
14 COUNSEL OR REFER FOR OR ADVOCATE ABORTION.
15 (E) (1) EACH FISCAL YEAR, THE DEPARTMENT SHALL DISBURSE TO
16 THE GRANTEE GRANT FUNDS FOR THE ADMINISTRATIVE COSTS OF THE
17 PROGRAM PROVIDED FOR IN THIS SECTION OUT OF ANY FUNDS
18 APPROPRIATED FOR PURPOSES OF THIS SECTION.
19 (2) FOR EACH FISCAL YEAR, THE DEPARTMENT SHALL DISBURSE TO
20 THE GRANTEE FOR SERVICE COSTS ALL REMAINING GRANT FUNDS NOT
21 EXPENDED ON PERMISSIBLE ADMINISTRATIVE COSTS OUT OF ANY FUNDS
22 APPROPRIATED FOR PURPOSES OF THIS SECTION. THE GRANTEE SHALL
23 REIMBURSE SERVICE PROVIDERS FOR ALTERNATIVE-TO-ABORTION SERVICES
24 AUTHORIZED BY GRANTEE AND PROVIDED TO ELIGIBLE INDIVIDUALS AT
25 THE FOLLOWING FEE-FOR-SERVICE RATES FOR FISCAL YEAR 2003-2004:
26 ONE DOLLAR AND TWO CENTS ($1.02) FOR EVERY MINUTE OF COUNSELING
27 OR THE PROVISION OF INFORMATION TO ELIGIBLE INDIVIDUALS; ONE
28 DOLLAR AND TWO CENTS ($1.02) FOR EVERY MINUTE OF REFERRAL TIME
29 SPENT; ONE DOLLAR AND TWO CENTS ($1.02) FOR EVERY MINUTE SPENT
30 COMPLETING CLIENT SERVICES AND DEMOGRAPHIC REPORTS; TWENTY
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1 DOLLARS AND FORTY CENTS ($20.40) PER INDIVIDUAL PER HOUR OF
2 CLASS INSTRUCTION PROVIDED; TEN DOLLARS AND TWENTY CENTS
3 ($10.20) FOR EACH SELF-ADMINISTERED PREGNANCY TEST KIT PROVIDED;
4 AND TEN DOLLARS AND TWENTY CENTS ($10.20) FOR EVERY PANTRY VISIT
5 LIMITED TO TWELVE (12) VISITS PER CLIENT. FOR FISCAL YEAR 2004-
6 2005 AND SUBSEQUENT YEARS, EACH OF THE DOLLAR AMOUNTS SPECIFIED
7 IN THIS CLAUSE SHALL BE ADJUSTED BY THE DEPARTMENT TO OFFSET THE
8 EFFECTS OF INFLATION OCCURRING AFTER THE BEGINNING OF FISCAL
9 YEAR 2003-2004. THE DEPARTMENT SHALL PUBLISH THE ADJUSTED
10 AMOUNTS AS A NOTICE IN THE PENNSYLVANIA BULLETIN.
11 (F) NO GRANT FUNDS MAY BE EXPENDED FOR ANY OF THE FOLLOWING:
12 (1) PERFORMING ABORTION, COUNSELING OR REFERRING FOR
13 ABORTION OR ADVOCATING ABORTION.
14 (2) PROVIDING, REFERRING OR ADVOCATING THE USE OF
15 CONTRACEPTIVE SERVICES, DRUGS OR DEVICES.
16 (3) PROVIDING INPATIENT HOSPITAL SERVICES.
17 (4) MAKING CASH PAYMENTS TO INTENDED RECIPIENTS OF SERVICES.
18 (5) PURCHASING OR IMPROVING LAND OR PURCHASING, CONSTRUCTING
19 OR PERMANENTLY IMPROVING, OTHER THAN MINOR REMODELING, ANY
20 BUILDING OR OTHER FACILITY.
21 (G) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
22 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
23 "ADMINISTRATIVE COSTS" MEANS EXPENDITURES FOR COSTS
24 ASSOCIATED WITH ADMINISTRATION OF THE PROGRAM BY THE GRANTEE,
25 INCLUDING, BUT NOT LIMITED TO, SALARIES OF ADMINISTRATIVE OFFICE
26 STAFF, TAXES, EMPLOYE BENEFITS, JOB PLACEMENT COSTS, POSTAGE AND
27 SHIPPING COSTS, TRAVEL AND LODGING FOR ADMINISTRATIVE STAFF,
28 OFFICE RENT AND UTILITIES, COMPUTER AND SOFTWARE EXPENSES,
29 EQUIPMENT SERVICING COSTS, TELEPHONE AND FAX COSTS, INSURANCE
30 AND OFFICE SUPPLIES, PROFESSIONAL DEVELOPMENT FOR ADMINISTRATIVE
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1 STAFF, AUDIT EXPENSES AND ONGOING LEGAL, ACCOUNTING AND COMPUTER
2 CONSULTING FOR THE PROGRAM. THE TERM DOES NOT INCLUDE
3 EXPENDITURES FOR SERVICE COSTS.
4 "ALTERNATIVE-TO-ABORTION SERVICES" MEANS CORE SERVICES AND
5 SUPPORT SERVICES.
6 "CORE SERVICES" MEANS THE PROVISION OF INFORMATION AND
7 COUNSELING THAT PROMOTES CHILDBIRTH INSTEAD OF ABORTION AND
8 ASSISTS PREGNANT WOMEN IN MAKING AN INFORMED DECISION REGARDING
9 THE ALTERNATIVES OF ADOPTION OR PARENTING WITH RESPECT TO THEIR
10 CHILDREN.
11 "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC WELFARE OF THE
12 COMMONWEALTH.
13 "PANTRY VISIT" MEANS A VISIT BY AN ELIGIBLE INDIVIDUAL TO A
14 SERVICE PROVIDER DURING WHICH BABY FOOD, MATERNITY OR BABY
15 CLOTHING OR BABY FURNITURE ARE MADE AVAILABLE TO THE INDIVIDUAL
16 FREE OF CHARGE.
17 "REFERRAL TIME" MEANS THE TIME TAKEN TO RESEARCH AND SET UP
18 AN APPOINTMENT ON BEHALF OF AN ELIGIBLE INDIVIDUAL TO SECURE
19 SUPPORT THROUGH A REFERRAL.
20 "REFERRALS" MEANS ACTION TAKEN ON BEHALF OF AN ELIGIBLE
21 INDIVIDUAL TO SECURE FROM A SOCIAL SERVICE AGENCY OR OTHER
22 ENTITY ADDITIONAL SUPPORT OR SERVICES, ITEMS AND ASSISTANCE
23 REGARDING PHYSICAL AND MENTAL HEALTH, INCLUDING THAT RELATED TO
24 PRENATAL, POSTNATAL AND POSTPARTUM HEALTH, FOOD, CLOTHING,
25 HOUSING, EDUCATION, VOCATIONAL TRAINING AND FOR OTHER SERVICES
26 DESIGNED TO ASSIST PREGNANT WOMEN AND INFANTS IN NEED.
27 "SERVICE COSTS" MEANS EXPENDITURES FOR COSTS INCURRED BY THE
28 GRANTEE TO PROVIDE SUPPORT FOR SERVICE PROVIDER PROJECTS,
29 INCLUDING SALARIES FOR TECHNICAL SUPPORT STAFF, TAXES, EMPLOYEE
30 BENEFITS, JOB PLACEMENT COSTS, PROFESSIONAL DEVELOPMENT AND
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1 ONGOING TRAINING, PROGRAM TERMINATION COSTS, EDUCATIONAL AND
2 INFORMATIONAL MATERIAL FOR ELIGIBLE INDIVIDUALS AND COUNSELORS,
3 ADVERTISING COSTS, OPERATION OF A TOLL-FREE REFERRAL SYSTEM,
4 TRAVEL FOR TECHNICAL SUPPORT STAFF, BILLING AND DATABASE
5 COMPUTER CONSULTING, SEMINARS FOR COUNSELING TRAINING, MEETINGS
6 REGARDING PROGRAM COMPLIANCE REQUIREMENTS, MINOR EQUIPMENT
7 PURCHASES FOR SERVICE PROVIDER PROJECTS, NEW PROJECT
8 DEVELOPMENT, NEW SERVICE PROVIDER SITE DEVELOPMENT AND SERVICE
9 PROVIDER REIMBURSEMENTS FOR ALTERNATIVE-TO-ABORTION SERVICES.
10 "SERVICE PROVIDER" MEANS A NONGOVERNMENTAL ENTITY THAT
11 OPERATES A SERVICE PROVIDER PROJECT AND THAT ENTERS INTO AN
12 AGREEMENT WITH THE GRANTEE IN WHICH THE AGREEMENT PROVIDES FOR
13 THE REIMBURSEMENT FOR ALTERNATIVE-TO-ABORTION SERVICES PROVIDED
14 TO ELIGIBLE INDIVIDUALS.
15 "SERVICE PROVIDER PROJECT" MEANS A PROJECT OR PROGRAM
16 OPERATED BY A SERVICE PROVIDER THAT PROVIDES CORE SERVICES AND
17 MAY ALSO PROVIDE SUPPORT SERVICES.
18 "SUPPORT SERVICES" MEANS ADDITIONAL SERVICES AND ASSISTANCE
19 DESIGNED TO ASSIST ELIGIBLE INDIVIDUALS TO CARRY THEIR CHILDREN
20 TO TERM AND TO SUPPORT ELIGIBLE INDIVIDUALS IN THEIR PARENTING
21 OR ADOPTION DECISION. THESE SUPPORT SERVICES INCLUDE THE
22 PROVISION OF:
23 (1) SELF-ADMINISTERED PREGNANCY TESTING;
24 (2) BABY FOOD, MATERNITY AND BABY CLOTHING AND BABY
25 FURNITURE;
26 (3) INFORMATION AND EDUCATION, INCLUDING CLASSES, REGARDING
27 PRENATAL CARE, CHILDBIRTH, ADOPTION, PARENTING, CHASTITY OR
28 ABSTINENCE; AND
29 (4) REFERRALS FOR SERVICES CONSISTENT WITH THE PURPOSES OF
30 THIS SECTION, INCLUDING PRENATAL CARE, ADOPTION SERVICES
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1 DOMESTIC VIOLENCE COUNSELING, SUBSTANCE ABUSE TREATMENT,
2 SEXUALLY TRANSMITTED DISEASE COUNSELING AND TESTING, AND COUNTY
3 ASSISTANCE OFFICE SERVICES.
4 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
5 (1) THE AMENDMENT OR ADDITION OF SECTIONS 626 AND 2301
6 OF THE ACT SHALL TAKE EFFECT JULY 1, 2003.
7 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
8 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
9 DAYS.
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