PRIOR PRINTER'S NOS. 259, 1419 PRINTER'S NO. 1737
No. 255 Session of 2005
INTRODUCED BY THOMPSON, ARMSTRONG, CORMAN, RAFFERTY, EARLL,
PILEGGI, MADIGAN, WENGER, WOZNIAK, LEMMOND, KASUNIC, BOSCOLA,
M. WHITE, ROBBINS, WAUGH, D. WHITE AND PIPPY,
FEBRUARY 11, 2005
SENATOR WENGER, APPROPRIATIONS, RE-REPORTED AS AMENDED,
APRIL 24, 2006
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," making repeals to <--
4 eliminate county boards of assistance; and providing for an
5 advisory board for county assistance office. PROVIDING FOR <--
6 COUNTY ADVISORY COMMITTEES IN FIRST AND SECOND CLASS
7 COUNTIES; ABOLISHING COUNTY BOARDS OF ASSISTANCE; AND MAKING
8 CONFORMING AMENDMENTS.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Subdivisions (c) and (d) of Article IV of the act <--
12 of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
13 Code, are repealed.
14 Section 2. Article IV of the act is amended by adding a
15 subdivision to read:
16 (n) Advisory Board for County Assistance Office
17 Section 494. Establishment.
18 For each county of the first class and each county of the
19 second class of this Commonwealth, an advisory board shall be
1 established to provide any necessary advice to the County
2 Assistance Office, under the Department of Public Welfare. The
3 advisory board shall advise on measures to promote the welfare
4 and self-dependency of individuals and families eligible for
5 assistance, including, but not limited to:
6 (1) providing advice on policy proposed or implemented
7 on the Federal or State level;
8 (2) methods to secure rehabilitative, remedial or other
9 constructive aid; or
10 (3) the absence or inadequacy of resources, through
11 direct provision of such aid.
12 Each advisory board shall be composed of a minimum of five
13 members. There shall be a maximum of 11 members on any advisory
14 board, who shall serve a maximum term of three years. Each
15 advisory board shall include individuals from community
16 organizations or with educational or professional experience
17 with public assistance, job training and any other types of
18 self-dependency programs that would assist carrying out the
19 goals of the welfare program in this Commonwealth. Advisory
20 board members shall be appointed by the secretary, in
21 consultation with the legislators who represent all or part of
22 the county. Any vacancy caused by the expiration of the term
23 shall be filled by an appointment, in the manner provided, for a
24 term of three years, and any vacancy, otherwise caused, shall be
25 filled for the duration of the unexpired term by appointment, in
26 the same manner. Any member of an advisory board who has served
27 all or any portions of three consecutive three-year terms or as
28 a member of a county board of assistance shall be ineligible for
29 further reappointment until after one full term has passed. The
30 members of the county advisory board shall serve without
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1 compensation, but shall be reimbursed any necessary expenses.
2 Each advisory board shall organize annually and elect from its
3 members a vice chairman and a secretary. The chairman, who shall
4 be selected by the Secretary of Public Welfare, shall not serve
5 more than two consecutive terms. The advisory board shall meet
6 at least four times a year. The department shall promulgate
7 regulations to carry out the provisions of this subdivision. The
8 department shall draft interim guidelines for the advisory
9 boards to operate until such regulations are promulgated.
10 Section 3. This act shall take effect in 60 days.
11 SECTION 1. THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN <--
12 AS THE PUBLIC WELFARE CODE, IS AMENDED BY ADDING A SECTION TO
13 READ:
14 SECTION 403.1. COUNTY ADVISORY COMMITTEES.--(A) FOR EACH
15 COUNTY OF THE FIRST OR SECOND CLASS, A COUNTY ADVISORY COMMITTEE
16 IS CREATED FOR THE PURPOSE OF PROVIDING THE EXECUTIVE DIRECTOR
17 OF THE COUNTY ASSISTANCE OFFICE WITH ADVICE ABOUT ACCESS TO AND
18 DELIVERY OF SERVICES IN AN EFFICIENT, ECONOMICAL AND RESPONSIVE
19 MANNER.
20 (B) EACH COMMITTEE SHALL BE COMPOSED OF NOT LESS THAN SEVEN
21 NOR MORE THAN ELEVEN MEMBERS, WHO SHALL BE RESIDENTS OF THE
22 COUNTY. THE SECRETARY SHALL APPOINT REPRESENTATIVES FROM AMONG
23 THE FOLLOWING GROUPS:
24 (1) CONSUMERS.
25 (2) PROVIDER ORGANIZATIONS.
26 (3) BUSINESS.
27 (4) SOCIAL WELFARE.
28 (5) LABOR.
29 (6) EDUCATION.
30 (7) PUBLIC HUMAN SERVICES ADMINISTRATION.
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1 (C) EACH MEMBER OF A COUNTY ADVISORY COMMITTEE SHALL BE
2 APPOINTED FOR A TERM OF TWO YEARS AND MAY SERVE UP TO THREE
3 CONSECUTIVE TERMS, NOT INCLUDING ANY PARTIAL TERM FOR WHICH THE
4 APPOINTEE FILLS A MIDTERM VACANCY.
5 (D) A COUNTY ADVISORY COMMITTEE SHALL MEET A LEAST ONCE
6 ANNUALLY, AND AT OTHER TIMES AS NECESSARY, OR AT THE REQUEST OF
7 THE EXECUTIVE DIRECTOR. COMMITTEE MEMBERS SHALL SERVE WITHOUT
8 COMPENSATION, BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY
9 TRAVELING EXPENSES IN CONNECTION WITH ATTENDANCE AT MEETINGS.
10 SECTION 2. SECTIONS 406 AND 407 OF THE ACT ARE AMENDED TO
11 READ:
12 SECTION 406. RECEIPT AND ALLOCATION OF FUNDS.--THE
13 DEPARTMENT SHALL HAVE THE DUTY:
14 (1) TO RECEIVE AND TO SUPERVISE THE DISBURSEMENT OF FUNDS,
15 PROVIDED BY THE FEDERAL GOVERNMENT OR FROM ANY OTHER SOURCE FOR
16 USE IN THIS COMMONWEALTH, FOR ASSISTANCE.
17 (2) TO ALLOCATE TO THE SEVERAL ASSISTANCE PROGRAMS FUNDS
18 WITH WHICH TO PROVIDE ASSISTANCE AND FUNDS FOR ADMINISTRATIVE
19 EXPENSES, AND AS MAY BE NEEDED, FROM TIME TO TIME, TO KEEP
20 REASONABLE EMERGENCY FUNDS IN THE HANDS OF [LOCAL BOARDS] THE
21 COUNTY ASSISTANCE OFFICE, WHICH SHALL BE USED, SUBJECT TO THE
22 RULES, REGULATIONS AND STANDARDS OF THE DEPARTMENT, BY THE
23 EXECUTIVE DIRECTOR FOR THE FURNISHING OF ASSISTANCE AND PENSIONS
24 RESPECTIVELY IN EMERGENCY CASES, UPON APPLICATION TO [HIM, OR
25 UNDER THE DIRECTION OF ANY MEMBER OF THE LOCAL BOARD] THE
26 EXECUTIVE DIRECTOR.
27 [SECTION 407. SUPERVISION OF COUNTY BOARDS.--THE DEPARTMENT
28 SHALL HAVE THE POWER TO EXERCISE GENERAL SUPERVISION OF THE
29 COUNTY BOARDS OF PUBLIC ASSISTANCE, AND ESTABLISH FOR SUCH
30 BOARDS, RULES, REGULATIONS AND STANDARDS.]
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1 SECTION 3. SECTION 408.1 OF THE ACT, ADDED APRIL 8, 1982
2 (P.L.231, NO.75), IS AMENDED TO READ:
3 SECTION 408.1. RENTAL PAYMENTS TO HOUSING AUTHORITIES.--IF
4 UPON THE PETITION OF ANY HOUSING AUTHORITY CREATED UNDER THE
5 LAWS OF THIS COMMONWEALTH AND AFTER A HEARING, THE [COUNTY
6 BOARD] DEPARTMENT FINDS THAT A TENANT OF A HOUSING PROJECT OF
7 THE HOUSING AUTHORITY WHO IS A RECIPIENT OF PUBLIC ASSISTANCE
8 OWES THE AUTHORITY RENT, IN AN AMOUNT EQUAL TO OR GREATER THAN
9 THREE MONTHLY RENTAL PAYMENTS, THEN THE [BOARD SHALL NOTIFY THE
10 DEPARTMENT TO] DEPARTMENT SHALL DEDUCT AN AMOUNT EQUAL TO ONE
11 AND ONE-THIRD MONTHLY RENTAL PAYMENTS FROM EACH MONTHLY
12 ASSISTANCE PAYMENT AND PAY THE AMOUNTS DEDUCTED TO THE HOUSING
13 AUTHORITY UNTIL SUCH TIME AS ALL THE RENT OWED IS PAID. THE
14 DEPARTMENT SHALL MAKE THE DEDUCTIONS REQUIRED BY THIS SECTION TO
15 THE FULLEST EXTENT NOT INCONSISTENT WITH FEDERAL STATUTE OR
16 REGULATION AND SHALL MAKE EVERY EFFORT TO OBTAIN A WAIVER OF ANY
17 INCONSISTENT FEDERAL REQUIREMENT. IF THE PROVISIONS OF THIS
18 SECTION ARE HELD TO BE INVALID BY THE COURT, THEN THE REMAINING
19 PROVISIONS OF THIS ACT SHALL NOT BE AFFECTED AND SHALL BE GIVEN
20 THE FULL FORCE AND EFFECT OF LAW.
21 SECTION 4. SECTIONS 409, 415, 416, 417, 418, 419, 420 AND
22 421 OF THE ACT ARE AMENDED TO READ:
23 SECTION 409. COLLECTION OF INFORMATION; REPORTS.--THE
24 DEPARTMENT SHALL HAVE THE DUTY:
25 (1) TO GATHER AND STUDY CURRENT INFORMATION CONSTANTLY, AND
26 TO REPORT, AT LEAST ANNUALLY, TO THE GOVERNOR, AS TO THE NATURE
27 AND NEED OF ASSISTANCE, AS TO THE AMOUNTS EXPENDED UNDER THE
28 SUPERVISION OF EACH COUNTY [BOARD] ASSISTANCE OFFICE, AND AS TO
29 THE WORK OF EACH COUNTY [BOARD] ASSISTANCE OFFICE, AND TO CAUSE
30 SUCH REPORTS TO BE PUBLISHED FOR THE INFORMATION OF THE PUBLIC.
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1 (2) TO REPORT, AT LEAST ANNUALLY, TO THE GOVERNOR, AS TO THE
2 COST OF LIVING IN THE VARIOUS COUNTIES, AS RELATED TO THE
3 STANDARDS OF ASSISTANCE AND THE AMOUNTS EXPENDED FOR ASSISTANCE,
4 AND TO CAUSE SUCH REPORTS TO BE PUBLISHED FOR THE INFORMATION OF
5 THE PUBLIC.
6 [SECTION 415. ESTABLISHMENT OF COUNTY BOARDS; EXPENSES.--FOR
7 EACH COUNTY OF THE COMMONWEALTH, THERE IS HEREBY ESTABLISHED A
8 COUNTY BOARD OF ASSISTANCE, TO BE KNOWN AS THE COUNTY BOARD OF
9 ASSISTANCE AND REFERRED TO IN THIS ARTICLE IV AS THE "COUNTY
10 BOARD," WHICH SHALL BE COMPOSED OF MEN AND WOMEN, TO BE
11 APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF TWO-
12 THIRDS OF ALL MEMBERS OF THE SENATE. THE COUNTY BOARDS SHALL BE
13 COMPOSED AS FAR AS POSSIBLE OF PERSONS ENGAGED OR INTERESTED IN
14 BUSINESS, SOCIAL WELFARE, LABOR, INDUSTRY, EDUCATION OR PUBLIC
15 ADMINISTRATION. THE MEMBERS OF THE COUNTY BOARDS SHALL SERVE
16 WITHOUT COMPENSATION, BUT SHALL BE REIMBURSED FOR NECESSARY
17 EXPENSES. NO MEMBER OF A COUNTY BOARD SHALL HOLD OFFICE IN ANY
18 POLITICAL PARTY. NOT ALL OF THE MEMBERS OF A COUNTY BOARD SHALL
19 BELONG TO THE SAME POLITICAL PARTY.
20 SECTION 416. COMPOSITION OF COUNTY BOARDS; TERMS;
21 OFFICERS.--(A) EACH COUNTY BOARD SHALL BE COMPOSED OF A MINIMUM
22 OF ELEVEN MEMBERS IN COUNTIES OF THE FIRST AND SECOND CLASSES,
23 AND OF A MINIMUM OF SEVEN MEMBERS IN OTHER COUNTIES. THERE SHALL
24 BE A MAXIMUM OF FIFTEEN MEMBERS ON ANY COUNTY BOARD AND, IN
25 ADDITION THERETO, THE GOVERNOR SHALL APPOINT AS EX OFFICIO
26 MEMBERS TWO COUNTY COMMISSIONERS, ONE FROM EACH POLITICAL PARTY.
27 ANY VACANCY CAUSED BY THE EXPIRATION OF A TERM SHALL BE FILLED
28 BY AN APPOINTMENT, IN THE MANNER ABOVE PROVIDED, FOR A TERM OF
29 THREE YEARS, AND ANY VACANCY, OTHERWISE CAUSED, SHALL BE FILLED
30 FOR THE DURATION OF THE UNEXPIRED TERM BY APPOINTMENT, IN THE
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1 SAME MANNER. ANY MEMBER OF A COUNTY BOARD WHO HAS SERVED ALL OR
2 ANY PORTIONS OF THREE CONSECUTIVE THREE-YEAR TERMS, AS ABOVE
3 SPECIFIED, SHALL BE INELIGIBLE FOR FURTHER REAPPOINTMENT UNTIL
4 AFTER ONE FULL TERM HAS PASSED.
5 (B) EACH COUNTY BOARD SHALL ORGANIZE ANNUALLY AND ELECT FROM
6 AMONG ITS MEMBERS A CHAIRMAN, VICE-CHAIRMAN AND A SECRETARY.
7 SECTION 417. PERSONNEL.--EACH COUNTY BOARD SHALL:
8 (1) IN ACCORDANCE WITH THE CIVIL SERVICE ACT, APPOINT,
9 TRANSFER, LAY OFF, SUSPEND AND REMOVE ITS EMPLOYES WHO SHALL, ON
10 BEHALF OF THE COUNTY BOARD AND UNDER THE SUPERVISION OF THE
11 EXECUTIVE DIRECTOR, PROVIDE ASSISTANCE IN THE TERRITORY UNDER
12 THE JURISDICTION OF THE COUNTY BOARD IN ACCORDANCE WITH LAW.
13 (2) DETERMINE THE NUMBER OF ITS EMPLOYES AND DIRECT AND
14 SUPERVISE THEIR SERVICES SO AS TO ATTAIN THE MAXIMUM DEGREE OF
15 EFFICIENCY.
16 (3) FROM TIME TO TIME, APPOINT SUCH BOARD OF REVIEW AS IT
17 SEES FIT AND PROPER, TO HEAR AND DETERMINE APPEALS BY EMPLOYES
18 FROM ORDERS OF DEMOTION AND OF REMOVAL.
19 SECTION 418. CONFORMITY WITH DEPARTMENTAL REGULATIONS;
20 RECOMMENDATIONS.--EACH COUNTY BOARD SHALL CONFORM TO THE RULES,
21 REGULATIONS AND STANDARDS, ESTABLISHED BY THE DEPARTMENT, AND
22 MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT AS TO RULES,
23 REGULATIONS AND STANDARDS AS TO ELIGIBILITY FOR ASSISTANCE, AND
24 AS TO THE NATURE AND EXTENT OF ASSISTANCE.
25 SECTION 419. ADMINISTRATION OF ASSISTANCE AND RELATED
26 FUNCTIONS.--EACH COUNTY BOARD SHALL:
27 (1) ADMINISTER PUBLIC ASSISTANCE IN THE COUNTY, AND
28 DETERMINE THE ELIGIBILITY FOR ASSISTANCE OF APPLICANTS AND
29 CONTINUED ELIGIBILITY FOR ASSISTANCE OF PERSONS RECEIVING THE
30 SAME IN ACCORDANCE WITH LAW AND RULES, REGULATIONS AND STANDARDS
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1 ESTABLISHED BY THE DEPARTMENT.
2 (2) TAKE MEASURES TO PROMOTE THE WELFARE AND SELF-DEPENDENCY
3 OF INDIVIDUALS AND FAMILIES ELIGIBLE FOR ASSISTANCE BY HELPING
4 THEM TO SECURE REHABILITATIVE, REMEDIAL OR OTHER CONSTRUCTIVE
5 AID, THROUGH LOCAL COMMUNITY RESOURCES, OR IN THE ABSENCE OR
6 INADEQUACY OF SUCH RESOURCES, THROUGH DIRECT PROVISION OF SUCH
7 AID, IN ACCORDANCE WITH RULES, REGULATIONS AND STANDARDS ADOPTED
8 BY THE DEPARTMENT.
9 (3) WITH THE APPROVAL OF THE SECRETARY, SUPERVISE THE
10 ADMINISTRATION OF AND PROMOTE ANY OTHER PUBLIC FUNCTION RELATED
11 TO ASSISTANCE, OR THE WORK OF THE DEPARTMENT, OR OF THE COUNTY
12 BOARD, WHICH MAY BE COMMITTED TO THE COUNTY BOARD BY A POLITICAL
13 SUBDIVISION OF THE COMMONWEALTH.
14 SECTION 420. REPORTS AND BUDGET REQUESTS.--EACH COUNTY BOARD
15 SHALL SUBMIT REPORTS AND BUDGET REQUESTS TO THE DEPARTMENT AS
16 REQUIRED AND SHALL STUDY, REPORT AND INTERPRET ITS POLICIES,
17 PROBLEMS AND WORK, TO THE DEPARTMENT AND TO THE PUBLIC.
18 SECTION 421. COMMUNITY WORK AND TRAINING PROGRAMS.--EACH
19 COUNTY BOARD SHALL ADMINISTER COMMUNITY WORK AND TRAINING
20 PROGRAMS IN ACCORDANCE WITH LAW AND THE RULES, REGULATIONS AND
21 STANDARDS ESTABLISHED BY THE DEPARTMENT.]
22 SECTION 5. SECTIONS 422 AND 423 OF THE ACT, AMENDED APRIL 8,
23 1982 (P.L.231, NO.75), ARE AMENDED TO READ:
24 [SECTION 422. ENCOURAGEMENT OF EMPLOYMENT.--EACH COUNTY
25 BOARD SHALL ENCOURAGE EMPLOYABLE RECIPIENTS OF ASSISTANCE TO
26 ACCEPT FULL OR PART-TIME EMPLOYMENT.
27 SECTION 423. HEARING APPEALS OF RECIPIENTS.--(A) EACH
28 COUNTY BOARD SHALL HEAR AND DETERMINE APPEALS FROM ACTIONS OF
29 ITS EMPLOYES AFFECTING THE RIGHTS OF THOSE APPLYING FOR OR
30 RECEIVING ASSISTANCE. ANY PERSON APPLYING FOR OR RECEIVING
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1 ASSISTANCE OF ANY TYPE COVERED BY THE PUBLIC ASSISTANCE
2 PROVISIONS OF THE FEDERAL SOCIAL SECURITY ACT, MAY APPEAL TO THE
3 DEPARTMENT FROM ANY DECISION OF THE COUNTY BOARD, REFUSING OR
4 DISCONTINUING HIS ASSISTANCE, IN WHOLE OR IN PART. IN EVERY SUCH
5 APPEAL, AN OPPORTUNITY FOR A FAIR HEARING SHALL BE GRANTED, AND
6 THE DECISION OF THE DEPARTMENT ON SUCH APPEAL SHALL BE FINAL,
7 EXCEPT AS OTHERWISE HEREINAFTER PROVIDED. ALL SUCH APPEALS SHALL
8 BE IN ACCORDANCE WITH RULES AND REGULATIONS ESTABLISHED BY THE
9 DEPARTMENT. IF THE APPELLANT IS ALREADY RECEIVING ASSISTANCE AND
10 REQUESTS A FAIR HEARING WITHIN THE TIMELY NOTICE PERIOD,
11 ASSISTANCE SHALL NOT BE TERMINATED UNTIL A DECISION IS RENDERED
12 IN THE HEARING EXCEPT IN THOSE APPEALS WHERE THE SOLE ISSUE IS
13 ONE OF STATE OR FEDERAL LAW OR POLICY OR CHANGE IN STATE OR
14 FEDERAL LAW OR POLICY. IN APPEALS WHERE THE SOLE ISSUE IS ONE OF
15 STATE OR FEDERAL LAW OR POLICY OR CHANGE IN STATE OR FEDERAL LAW
16 OR POLICY, ASSISTANCE SHALL BE TERMINATED WHEN THE DECISION IS
17 RENDERED BY THE COUNTY BOARD OF ASSISTANCE. ASSISTANCE GRANTED
18 PENDING A FAIR HEARING IS SUBJECT TO RECOVERY BY THE DEPARTMENT
19 IF THE DEPARTMENT ACTION IS SUSTAINED.
20 (B) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN TITLE 2 OF
21 THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO
22 ADMINISTRATIVE LAW AND PROCEDURE), THE DEPARTMENT MAY MAKE AN
23 ADJUDICATION SOLELY ON THE BASIS OF WRITTEN SUBMISSIONS IF THE
24 SOLE QUESTION PRESENTED BY THE APPELLANT IS ONE OF STATE OR
25 FEDERAL LAW.]
26 SECTION 6. SECTIONS 424, 425, 426 AND 427 OF THE ACT ARE
27 AMENDED TO READ:
28 [SECTION 424. APPOINTMENT OF COMMITTEES.--EACH COUNTY BOARD
29 MAY:
30 (1) APPOINT LABOR REVIEW COMMITTEES, COMPOSED OF
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1 REPRESENTATIVE CITIZENS OF THE COUNTY, WHO SHALL SERVE WITHOUT
2 COMPENSATION, AND WHOSE DUTY IT SHALL BE TO PASS ON THE
3 ELIGIBILITY OF ANY APPLICANT FOR OR RECIPIENT OF GENERAL
4 ASSISTANCE WHO SHALL REFUSE AN OFFER OF EMPLOYMENT AND WHOSE
5 CASE SHALL BE REFERRED TO SUCH A COMMITTEE BY THE COUNTY BOARD.
6 (2) APPOINT COMMITTEES OF THE COUNTY BOARD OR OF LOCAL
7 CITIZENS IN VARIOUS COMMUNITIES OF THE COUNTY, AS CIRCUMSTANCES
8 MAY REQUIRE, TO COOPERATE WITH THE COUNTY BOARD IN (I) SUPPLYING
9 INFORMATION AS TO THE ELIGIBILITY OF PERSONS FOR ASSISTANCE;
10 (II) RECOMMENDING LOCAL POLICIES; AND (III) STIMULATING LOCAL
11 EMPLOYMENT; AND, ON PETITION OF FIFTY OR MORE RESIDENTS OF ANY
12 COMMUNITY, IT SHALL BE MANDATORY UPON THE COUNTY BOARD TO
13 APPOINT A COMMITTEE TO FUNCTION IN SUCH COMMUNITY.
14 SECTION 425. FURNISHING INFORMATION.--UPON REQUEST BY ANY
15 ADULT RESIDENT OF THE COMMONWEALTH, ANY COUNTY BOARD SHALL
16 FURNISH THE ADDRESS AND AMOUNT OF ASSISTANCE WITH RESPECT TO
17 PERSONS RECEIVING ASSISTANCE ABOUT WHOM INQUIRY IS MADE, BUT
18 SUCH INFORMATION SHALL NOT BE USED FOR COMMERCIAL OR POLITICAL
19 PURPOSES.
20 SECTION 426. EMPLOYMENT OF CREDIT RATING AGENCIES.--AS NEED
21 MAY REQUIRE EACH COUNTY BOARD MAY EMPLOY THE SERVICES OF
22 COMMERCIAL CREDIT RATING AGENCIES FOR THE PURPOSE OF DETERMINING
23 ELIGIBILITY FOR GENERAL ASSISTANCE.
24 SECTION 427. RECEIPT AND EXPENDITURE OF CONTRIBUTIONS.--EACH
25 COUNTY BOARD MAY RECEIVE AND SPEND CONTRIBUTIONS FROM ANY SOURCE
26 FOR PURPOSES RELATED TO ASSISTANCE, OR TO THE WORK OF THE
27 DEPARTMENT.]
28 SECTION 7. SECTION 432.18 OF THE ACT, ADDED JULY 15, 1976
29 (P.L.993, NO.202), IS AMENDED TO READ:
30 SECTION 432.18. ASSISTANCE PAYMENTS; LOST, STOLEN, DESTROYED
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1 OR NOT RECEIVED.--IN THE EVENT THAT A RECIPIENT OF ASSISTANCE
2 DOES NOT RECEIVE AN ASSISTANCE CHECK, OR IF SUCH CHECK IS LOST,
3 STOLEN OR DESTROYED AFTER RECEIPT BUT BEFORE IT IS CASHED, THE
4 COUNTY OFFICE AFTER A PERIOD OF THREE DAYS MAY AUTHORIZE A ONE-
5 TIME GRANT FROM THE COUNTY DISBURSEMENT, PROVIDED THAT THE
6 FOLLOWING CONDITIONS ARE MET:
7 (1) THE RECIPIENT REPORTS THE NONRECEIPT OF THE CHECK, LOSS,
8 OR THEFT OF AN UNENDORSED CHECK OR DESTRUCTION OF AN ENDORSED
9 CHECK. THE REPORT OF A LOSS OR THEFT OF A CHECK SHALL BE
10 ACCOMPANIED BY A SWORN STATEMENT TO THAT EFFECT UNDER PENALTY OF
11 FRAUD. THE [COUNTY BOARD] DEPARTMENT SHALL IMMEDIATELY STOP
12 PAYMENT ON THE CHECK AFTER RECEIPT OF ITS COPY OF THE SIGNED
13 STATEMENT.
14 (2) THE CHECK WAS SENT TO THE RECIPIENT.
15 (3) THE RECIPIENT SHALL BE INSTRUCTED ON HIS LIABILITY,
16 SHOULD THE LOST, STOLEN, DESTROYED OR NONRECEIVED CHECK COME
17 INTO HIS POSSESSION, TO RETURN SUCH CHECK IMMEDIATELY TO THE
18 COUNTY OFFICE AND THAT CASHING OR ATTEMPTING TO CASH SUCH CHECK
19 CONSTITUTES FRAUD.
20 SECTION 8. SECTIONS 466 AND 467(B) OF THE ACT, ADDED JUNE
21 16, 1994 (P.L.319, NO.49), ARE AMENDED TO READ:
22 SECTION 466. SANCTIONS FOR FAILURE TO COMPLY WITH MANDATORY
23 ATTENDANCE.--(A) THE [COUNTY BOARD OF ASSISTANCE] COUNTY
24 ASSISTANCE OFFICE FROM AN AREA PARTICIPATING IN THE
25 DEMONSTRATION PROGRAM SHALL REVIEW THE SCHOOL ATTENDANCE OF, AND
26 MAINTAIN ATTENDANCE RECORDS FOR, EVERY QUALIFIED INDIVIDUAL
27 SUBJECT TO ITS JURISDICTION. WHEN THE TOTAL NUMBER OF UNEXCUSED
28 ABSENCES IN ANY ONE SCHOOL MONTH EXCEEDS THREE FULL DAYS, THE
29 [COUNTY BOARD OF ASSISTANCE] COUNTY ASSISTANCE OFFICE SHALL
30 NOTIFY THE QUALIFIED INDIVIDUAL OF THE EXISTENCE OF AN
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1 ATTENDANCE PROBLEM FOR THAT SCHOOL YEAR AND THE POSSIBLE
2 IMPOSITION OF SANCTIONS UNDER SUBSECTION (B). THIS NOTIFICATION
3 SHALL BE SENT BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE
4 QUALIFIED INDIVIDUAL OR THE INDIVIDUAL'S PARENT OR LEGAL
5 GUARDIAN, WHOEVER IS THE PRIMARY AFDC RECIPIENT, WITHIN TEN DAYS
6 OF THE REVIEW.
7 (B) IF, AFTER NOTIFICATION UNDER SUBSECTION (A), THE [COUNTY
8 BOARD OF ASSISTANCE] COUNTY ASSISTANCE OFFICE DETERMINES IN ANY
9 SUBSEQUENT MONTH WITHIN THE SCHOOL YEAR THAT THE QUALIFIED
10 INDIVIDUAL CONTINUES TO HAVE AN ATTENDANCE PROBLEM, THE [COUNTY
11 BOARD OF ASSISTANCE] COUNTY ASSISTANCE OFFICE SHALL REDUCE THE
12 MONTHLY FAMILY SIZE ALLOWANCE BY SIXTY-FIVE DOLLARS ($65) FOR
13 EACH INDIVIDUAL WHO FAILS TO MEET THE ATTENDANCE REQUIREMENTS
14 SET FORTH IN THIS SUBARTICLE.
15 (C) THE SANCTION PROVIDED BY SUBSECTION (B) SHALL BE
16 EFFECTIVE FOR ONE PAYMENT MONTH FOR EACH MONTH THAT THE
17 QUALIFIED INDIVIDUAL FAILED TO MEET THE ATTENDANCE REQUIREMENT.
18 (D) IN THE CASE OF A DROPOUT, THE SANCTION SHALL REMAIN IN
19 EFFECT UNTIL THE QUALIFIED INDIVIDUAL PROVIDES WRITTEN PROOF
20 FROM THE SCHOOL DISTRICT THAT HE OR SHE HAS REENROLLED AND HAS
21 MET THE ATTENDANCE REQUIREMENT FOR ONE MONTH. ANY MONTH IN WHICH
22 SCHOOL IS "IN SESSION" AS DEFINED BY THE SCHOOL BOARD MAY BE
23 USED TO MEET THE ATTENDANCE REQUIREMENT. THE SANCTION SHALL BE
24 REMOVED IN THE NEXT POSSIBLE PAYMENT MONTH.
25 SECTION 467. POWERS AND DUTIES OF DEPARTMENT.--* * *
26 (B) THE DEPARTMENT AND THE [COUNTY BOARD OF ASSISTANCE]
27 COUNTY ASSISTANCE OFFICE FROM AN AREA PARTICIPATING IN THE
28 DEMONSTRATION PROGRAM SHALL BE RESPONSIBLE FOR MAKING THE AFDC
29 ELIGIBILITY DETERMINATIONS AND BUDGET COMPUTATIONS NECESSARY FOR
30 THE IMPLEMENTATION OF THE PROVISIONS OF SECTION 464.
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1 * * *
2 SECTION 9. SECTIONS 487 AND 493(D) OF THE ACT, AMENDED OR
3 ADDED APRIL 8, 1982 (P.L.231, NO.75), ARE AMENDED TO READ:
4 SECTION 487. INFORMATION TO BE SUPPLIED.--(A) EVERY BANK,
5 INDUSTRIAL BANK, CREDIT UNION, TRUST COMPANY, BANK AND TRUST
6 COMPANY, PRIVATE BANKER, AND BUILDING AND LOAN ASSOCIATION, OR
7 OTHER FINANCIAL INSTITUTIONS DOING BUSINESS IN PENNSYLVANIA[,]
8 SHALL, WHEN REQUESTED IN WRITING SO TO DO BY THE DEPARTMENT, [OR
9 ANY COUNTY BOARD] OR BY ANY OFFICIAL LEGISLATIVE INVESTIGATING
10 COMMITTEE, OR BY ANY AUTHORIZED AGENT THEREOF, DISCLOSE TO SUCH
11 DEPARTMENT, [BOARD,] COMMITTEE, OR AUTHORIZED AGENT, WHETHER OR
12 NOT ANY PERSON APPLYING FOR OR RECEIVING PUBLIC ASSISTANCE, OR
13 FORMER RECIPIENT WITHIN FOUR YEARS OF CLOSING THEIR CASE, OR ANY
14 LEGALLY RESPONSIBLE RELATIVE OF SUCH APPLICANT OR RECIPIENT, OR
15 FORMER RECIPIENT, HAS HAD, OR HAS ANY MONEY ON DEPOSIT WITH, OR
16 INVESTED IN, SUCH BANKING INSTITUTION OR BUILDING AND LOAN
17 ASSOCIATION WITHIN ONE YEAR PRIOR TO THEIR APPLICATION FOR
18 ASSISTANCE, OR AT ANY TIME THEREAFTER, THE AMOUNT AND DATE OF
19 SUCH DEPOSIT OR INVESTMENT, AND THE AMOUNTS AND DATES OF
20 WITHDRAWALS THEREFROM.
21 (B) EVERY EMPLOYER SHALL, WHEN REQUESTED IN WRITING SO TO DO
22 BY THE DEPARTMENT [OR ANY COUNTY BOARD] OR BY ANY OFFICIAL
23 LEGISLATIVE INVESTIGATING COMMITTEE, OR BY ANY AUTHORIZED AGENT
24 THEREOF, DISCLOSE TO SUCH DEPARTMENT, [BOARD,] COMMITTEE, OR
25 AUTHORIZED AGENT WITHIN THIRTY DAYS, WHETHER OR NOT ANY PERSON
26 APPLYING FOR OR RECEIVING PUBLIC ASSISTANCE OR FORMER RECIPIENT
27 WITHIN FOUR YEARS OF CLOSING THEIR CASE, OR ANY LEGALLY
28 RESPONSIBLE RELATIVE OF SUCH APPLICANT OR RECIPIENT OR FORMER
29 RECIPIENT, HAS OR HAD RECEIVED, OR WILL RECEIVE, ANY MONEY IN
30 SALARY, WAGES, COMMISSION, OR OTHER COMPENSATION FROM SUCH
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1 EMPLOYER, AND IF SO, THE AMOUNT AND DATE OF SUCH SALARY, WAGES,
2 COMMISSION, OR OTHER COMPENSATION.
3 SECTION 493. EMPLOYMENT OPPORTUNITIES INCENTIVE GRANT
4 PROGRAM.--* * *
5 (D) PROJECTS RECEIVING GRANTS UNDER THIS SECTION SHALL
6 DEMONSTRATE THE FOLLOWING:
7 (1) LINKAGE WITH AND PARTICIPATION OF THE COUNTY [BOARDS OF]
8 ASSISTANCE OFFICE.
9 (2) PROVISIONS FOR SUPPORT SERVICES SUCH AS REMEDIAL AND
10 CAREER EDUCATION, ACADEMIC EDUCATION, COUNSELING, IN-SERVICE
11 TRAINING AND JOB-BASED CURRICULUMS.
12 (3) DEMONSTRATE THAT FUNDING WOULD RESULT IN THE CREATION OF
13 PERMANENT PRIVATE JOB OPPORTUNITIES.
14 (4) DEMONSTRATE PREVIOUS CAPABILITY TO ADMINISTER PROGRAMS
15 OF THIS NATURE.
16 * * *
17 SECTION 10. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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