THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TURZAI, SAYLOR, BAKER, BARRAR, BEAR, BENNINGHOFF, BEYER, BOBACK, BOYD, BROOKS, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, CUTLER, DAY, DELOZIER, DENLINGER, ELLIS, EVERETT, FAIRCHILD, FLECK, GABIG, GABLER, GEIST, GILLESPIE, GINGRICH, GRELL, GROVE, HARHART, HARRIS, HELM, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, M. KELLER, KNOWLES, KRIEGER, MAJOR, MARSHALL, MARSICO, METCALFE, METZGAR, MILLARD, MILLER, MOUL, MURT, MUSTIO, OBERLANDER, O'NEILL, PAYNE, PEIFER, PHILLIPS, PICKETT, PYLE, QUIGLEY, RAPP, REED, REESE, ROAE, ROCK, SCHRODER, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN AND VULAKOVICH, NOVEMBER 10, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, NOVEMBER 10, 2009  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," further providing for

meeting special needs, work supports and incentives; and

abrogating a regulation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 408 of act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code, amended May 16, 1996

(P.L.175, No.35), is amended to read:

Section 408.  Meeting Special Needs; Work Supports and

Incentives.--[(a)  The department shall take measures not

inconsistent with the purposes of this article; and when other

funds or facilities for such purposes are inadequate or

unavailable to provide for special needs of individuals eligible

for assistance; to relieve suffering and distress arising from

disabilities and infirmities; to promote their rehabilitation;

to help them if possible to become self-dependent; and, to

cooperate to the fullest extent with other public agencies

empowered by law to provide rehabilitative or similar services.

(b)  The department may provide assistance to recipients for

child day care when the department has determined that without

such services the recipient would be exempt from compliance with

the conditions of the agreement of mutual responsibility or work

requirements or when a former recipient who is employed has

ceased to receive cash assistance for a reason other than a

sanction for noncompliance with an eligibility condition. In

establishing the time limits and levels of access to child day-

care funds, the department shall take into account availability,

costs and the number of assistance groups needing services

within the geographic area and shall seek to provide essential

services to the greatest number of recipients.]

(c)  The department may provide the following assistance to

recipients [for transportation and work support] when the

department has determined that without such [services]

assistance the recipient would be exempt from compliance with

the conditions of the agreement of mutual responsibility [or]

and work requirements[. In establishing the time limits and

levels of access to transportation and work support, the

department shall take into account availability, costs and the

number of recipients needing services within the geographic area

and shall seek to provide essential services to the greatest

number of recipients.] and that the assistance is directly

related to work, education or training activities:

(1)  Clothing.

(2)  Testing fee.

(3)  Union dues or professional fee.

(4)  Transportation, limited to:

(i)  Public transportation. Payment may be made for

transportation provided by bus, subway, commuter rail, taxi or

paratransit.

(ii)  Private transportation. Payment may be made for costs

incurred for transportation provided by privately owned

vehicles, ride sharing and car or van pools.

(d)  The department may make payments under this section as

long as the payment:

(1)  is not made directly to a recipient;

(2)  is made directly to the payee, upon receipt of an

invoice; and

(3)  has been preapproved by the department.

(e)  Under this section, the department may not:

(1)  pay for any services other than those set forth in

subsection (c);

(2)  pay for the same item under subsection (c)(1), (2) or

(3) more than once in the same year; or

(3)  pay more than two hundred fifty dollars ($250) annually

for transportation under subsection (c)(4).

(f)  Each county assistance office shall retain documentation

of payments under this section.

(g)  The department shall make an annual report to the

President pro tempore of the Senate, the Majority Leader of the

Senate, the Minority Leader of the Senate, the chair and

minority chair of the Public Health and Welfare Committee of the

Senate, the chair and minority chair of the Appropriations

Committee of the Senate, the Speaker of the House of

Representatives, the Majority Leader of the House of

Representatives, the Minority Leader of the House of

Representatives, the chair and minority chair of the Health and

Human Services Committee of the House of Representatives and the

chair and minority chair of the Appropriations Committee of the

House of Representatives on:

(1)  the implementation of this subsection; and

(2)  the need for the allowances under this section.

(h)  Amounts paid under this section shall be taken from

funds derived from a single line item State appropriation

contained in a general appropriation bill.

Section 2.  The provisions of 55 Pa. Code § 165.46(a), (c)

and (d) (relating to types of special allowances for supportive

services) are abrogated.

Section 3.  This act shall take effect in 60 days.