PRIOR PRINTER'S NOS. 259, 1419, 1737 PRINTER'S NO. 1774
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
AS AMENDED ON THIRD CONSIDERATION, MAY 1, 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," providing for county <--
4 advisory committees in first and second class counties;
5 abolishing county boards of assistance EXCEPT FOR COUNTY <--
6 BOARDS IN FIRST, SECOND AND CERTAIN THIRD CLASS COUNTIES; and
7 making conforming amendments.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of June 13, 1967 (P.L.31, No.21), known <--
11 as the Public Welfare Code, is amended by adding a section to
12 read:
13 Section 403.1. County Advisory Committees.--(a) For each
14 county of the first or second class, a county advisory committee
15 is created for the purpose of providing the executive director
16 of the county assistance office with advice about access to and
17 delivery of services in an efficient, economical and responsive
18 manner.
19 (b) Each committee shall be composed of not less than seven
1 nor more than eleven members, who shall be residents of the
2 county. The secretary shall appoint representatives from among
3 the following groups:
4 (1) Consumers.
5 (2) Provider organizations.
6 (3) Business.
7 (4) Social welfare.
8 (5) Labor.
9 (6) Education.
10 (7) Public human services administration.
11 (c) Each member of a county advisory committee shall be
12 appointed for a term of two years and may serve up to three
13 consecutive terms, not including any partial term for which the
14 appointee fills a midterm vacancy.
15 (d) A county advisory committee shall meet a least once
16 annually, and at other times as necessary, or at the request of
17 the executive director. Committee members shall serve without
18 compensation, but shall be reimbursed for actual and necessary
19 traveling expenses in connection with attendance at meetings.
20 Section 2. Sections 406 and 407 of the act are amended to
21 read:
22 SECTION 1. SECTION 406 OF THE ACT OF JUNE 13, 1967 (P.L.31, <--
23 NO.21), KNOWN AS THE PUBLIC WELFARE CODE, IS AMENDED TO READ:
24 Section 406. Receipt and Allocation of Funds.--The
25 department shall have the duty:
26 (1) To receive and to supervise the disbursement of funds,
27 provided by the Federal government or from any other source for
28 use in this Commonwealth, for assistance.
29 (2) To allocate to the several assistance programs funds
30 with which to provide assistance and funds for administrative
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1 expenses, and as may be needed, from time to time, to keep
2 reasonable emergency funds in the hands of [local boards] the
3 county assistance office, which shall be used, subject to the
4 rules, regulations and standards of the department, by the
5 Executive Director for the furnishing of assistance and pensions
6 respectively in emergency cases, upon application to [him, or
7 under the direction of any member of the local board] the
8 Executive Director.
9 [Section 407. Supervision of County Boards.--The department <--
10 shall have the power to exercise general supervision of the
11 county boards of public assistance, and establish for such
12 boards, rules, regulations and standards.]
13 Section 3 2. Section 408.1 of the act, added April 8, 1982 <--
14 (P.L.231, No.75), is amended to read:
15 Section 408.1. Rental Payments to Housing Authorities.--If
16 upon the petition of any housing authority created under the
17 laws of this Commonwealth and after a hearing, the [county
18 board] department finds that a tenant of a housing project of
19 the housing authority who is a recipient of public assistance
20 owes the authority rent, in an amount equal to or greater than
21 three monthly rental payments, then the [board shall notify the
22 department to] department shall deduct an amount equal to one
23 and one-third monthly rental payments from each monthly
24 assistance payment and pay the amounts deducted to the housing
25 authority until such time as all the rent owed is paid. The
26 department shall make the deductions required by this section to
27 the fullest extent not inconsistent with Federal statute or
28 regulation and shall make every effort to obtain a waiver of any
29 inconsistent Federal requirement. If the provisions of this
30 section are held to be invalid by the court, then the remaining
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1 provisions of this act shall not be affected and shall be given
2 the full force and effect of law.
3 Section 4. Sections 409, 415, 416, 417, 418, 419, 420 and <--
4 421 of the act are amended to read:
5 SECTION 3. SECTIONS 409 AND 415 OF THE ACT ARE AMENDED TO <--
6 READ:
7 Section 409. Collection of Information; Reports.--The
8 department shall have the duty:
9 (1) To gather and study current information constantly, and
10 to report, at least annually, to the Governor, as to the nature
11 and need of assistance, as to the amounts expended under the
12 supervision of each county [board] assistance office, and as to
13 the work of each county [board] assistance office, and to cause
14 such reports to be published for the information of the public.
15 (2) To report, at least annually, to the Governor, as to the
16 cost of living in the various counties, as related to the
17 standards of assistance and the amounts expended for assistance,
18 and to cause such reports to be published for the information of
19 the public.
20 [Section 415. Establishment of County Boards; Expenses.--For <--
21 [each county of the Commonwealth] A COUNTY OF THE FIRST OR <--
22 SECOND CLASS OR A COUNTY OF THE THIRD CLASS WITH A POPULATION
23 BETWEEN ONE HUNDRED NINETY-FIVE THOUSAND AND TWO HUNDRED TWENTY-
24 FIVE THOUSAND PERSONS, there is hereby established a county
25 board of assistance, to be known as the County Board of
26 Assistance and referred to in this Article IV as the "county
27 board," [which] AND EVERY OTHER COUNTY BOARD OF ASSISTANCE IS <--
28 HEREBY ABOLISHED. THE COUNTY BOARDS shall be composed of men and
29 women, to be appointed by the Governor with the advice and
30 consent of two-thirds of all members of the Senate. The county
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1 boards shall be composed as far as possible of persons engaged
2 or interested in business, social welfare, labor, industry,
3 education or public administration. The members of the county
4 boards shall serve without compensation, but shall be reimbursed
5 for necessary expenses. No member of a county board shall hold
6 office in any political party. Not all of the members of a
7 county board shall belong to the same political party.
8 Section 416. Composition of County Boards; Terms; <--
9 Officers.--(a) Each county board shall be composed of a minimum
10 of eleven members in counties of the first and second classes,
11 and of a minimum of seven members in other counties. There shall
12 be a maximum of fifteen members on any county board and, in
13 addition thereto, the Governor shall appoint as ex officio
14 members two county commissioners, one from each political party.
15 Any vacancy caused by the expiration of a term shall be filled
16 by an appointment, in the manner above provided, for a term of
17 three years, and any vacancy, otherwise caused, shall be filled
18 for the duration of the unexpired term by appointment, in the
19 same manner. Any member of a county board who has served all or
20 any portions of three consecutive three-year terms, as above
21 specified, shall be ineligible for further reappointment until
22 after one full term has passed.
23 (b) Each county board shall organize annually and elect from
24 among its members a chairman, vice-chairman and a secretary.
25 Section 417. Personnel.--Each county board shall:
26 (1) In accordance with the Civil Service Act, appoint,
27 transfer, lay off, suspend and remove its employes who shall, on
28 behalf of the county board and under the supervision of the
29 Executive Director, provide assistance in the territory under
30 the jurisdiction of the county board in accordance with law.
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1 (2) Determine the number of its employes and direct and
2 supervise their services so as to attain the maximum degree of
3 efficiency.
4 (3) From time to time, appoint such board of review as it
5 sees fit and proper, to hear and determine appeals by employes
6 from orders of demotion and of removal.
7 Section 418. Conformity with Departmental Regulations;
8 Recommendations.--Each county board shall conform to the rules,
9 regulations and standards, established by the department, and
10 may make recommendations to the department as to rules,
11 regulations and standards as to eligibility for assistance, and
12 as to the nature and extent of assistance.
13 Section 419. Administration of Assistance and Related
14 Functions.--Each county board shall:
15 (1) Administer public assistance in the county, and
16 determine the eligibility for assistance of applicants and
17 continued eligibility for assistance of persons receiving the
18 same in accordance with law and rules, regulations and standards
19 established by the department.
20 (2) Take measures to promote the welfare and self-dependency
21 of individuals and families eligible for assistance by helping
22 them to secure rehabilitative, remedial or other constructive
23 aid, through local community resources, or in the absence or
24 inadequacy of such resources, through direct provision of such
25 aid, in accordance with rules, regulations and standards adopted
26 by the department.
27 (3) With the approval of the secretary, supervise the
28 administration of and promote any other public function related
29 to assistance, or the work of the department, or of the county
30 board, which may be committed to the county board by a political
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1 subdivision of the Commonwealth.
2 Section 420. Reports and Budget Requests.--Each county board
3 shall submit reports and budget requests to the department as
4 required and shall study, report and interpret its policies,
5 problems and work, to the department and to the public.
6 Section 421. Community Work and Training Programs.--Each
7 county board shall administer community work and training
8 programs in accordance with law and the rules, regulations and
9 standards established by the department.]
10 Section 5. Sections 422 and 423 of the act, amended April 8,
11 1982 (P.L.231, No.75), are amended to read:
12 [Section 422. Encouragement of Employment.--Each county
13 board shall encourage employable recipients of assistance to
14 accept full or part-time employment.
15 Section 423. Hearing Appeals of Recipients.--(a) Each
16 county board shall hear and determine appeals from actions of
17 its employes affecting the rights of those applying for or
18 receiving assistance. Any person applying for or receiving
19 assistance of any type covered by the public assistance
20 provisions of the Federal Social Security Act, may appeal to the
21 department from any decision of the county board, refusing or
22 discontinuing his assistance, in whole or in part. In every such
23 appeal, an opportunity for a fair hearing shall be granted, and
24 the decision of the department on such appeal shall be final,
25 except as otherwise hereinafter provided. All such appeals shall
26 be in accordance with rules and regulations established by the
27 department. If the appellant is already receiving assistance and
28 requests a fair hearing within the timely notice period,
29 assistance shall not be terminated until a decision is rendered
30 in the hearing except in those appeals where the sole issue is
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1 one of State or Federal law or policy or change in State or
2 Federal law or policy. In appeals where the sole issue is one of
3 State or Federal law or policy or change in State or Federal law
4 or policy, assistance shall be terminated when the decision is
5 rendered by the county board of assistance. Assistance granted
6 pending a fair hearing is subject to recovery by the department
7 if the department action is sustained.
8 (b) Notwithstanding anything to the contrary in Title 2 of
9 the Pennsylvania Consolidated Statutes (relating to
10 administrative law and procedure), the department may make an
11 adjudication solely on the basis of written submissions if the
12 sole question presented by the appellant is one of State or
13 Federal law.]
14 Section 6. Sections 424, 425, 426 and 427 of the act are
15 amended to read:
16 [Section 424. Appointment of Committees.--Each county board
17 may:
18 (1) Appoint labor review committees, composed of
19 representative citizens of the county, who shall serve without
20 compensation, and whose duty it shall be to pass on the
21 eligibility of any applicant for or recipient of general
22 assistance who shall refuse an offer of employment and whose
23 case shall be referred to such a committee by the county board.
24 (2) Appoint committees of the county board or of local
25 citizens in various communities of the county, as circumstances
26 may require, to cooperate with the county board in (i) supplying
27 information as to the eligibility of persons for assistance;
28 (ii) recommending local policies; and (iii) stimulating local
29 employment; and, on petition of fifty or more residents of any
30 community, it shall be mandatory upon the county board to
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1 appoint a committee to function in such community.
2 Section 425. Furnishing Information.--Upon request by any
3 adult resident of the Commonwealth, any county board shall
4 furnish the address and amount of assistance with respect to
5 persons receiving assistance about whom inquiry is made, but
6 such information shall not be used for commercial or political
7 purposes.
8 Section 426. Employment of Credit Rating Agencies.--As need
9 may require each county board may employ the services of
10 commercial credit rating agencies for the purpose of determining
11 eligibility for general assistance.
12 Section 427. Receipt and Expenditure of Contributions.--Each
13 county board may receive and spend contributions from any source
14 for purposes related to assistance, or to the work of the
15 department.]
16 Section 7 4. Section 432.18 of the act, added July 15, 1976 <--
17 (P.L.993, No.202), is amended to read:
18 Section 432.18. Assistance Payments; Lost, Stolen, Destroyed
19 or not Received.--In the event that a recipient of assistance
20 does not receive an assistance check, or if such check is lost,
21 stolen or destroyed after receipt but before it is cashed, the
22 county office after a period of three days may authorize a one-
23 time grant from the county disbursement, provided that the
24 following conditions are met:
25 (1) The recipient reports the nonreceipt of the check, loss,
26 or theft of an unendorsed check or destruction of an endorsed
27 check. The report of a loss or theft of a check shall be
28 accompanied by a sworn statement to that effect under penalty of
29 fraud. The [county board] department shall immediately stop
30 payment on the check after receipt of its copy of the signed
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1 statement.
2 (2) The check was sent to the recipient.
3 (3) The recipient shall be instructed on his liability,
4 should the lost, stolen, destroyed or nonreceived check come
5 into his possession, to return such check immediately to the
6 county office and that cashing or attempting to cash such check
7 constitutes fraud.
8 Section 8 5. Sections 466 and 467(b) of the act, added June <--
9 16, 1994 (P.L.319, No.49), are amended to read:
10 Section 466. Sanctions for Failure to Comply with Mandatory
11 Attendance.--(a) The [County Board of Assistance] county
12 assistance office from an area participating in the
13 demonstration program shall review the school attendance of, and
14 maintain attendance records for, every qualified individual
15 subject to its jurisdiction. When the total number of unexcused
16 absences in any one school month exceeds three full days, the
17 [County Board of Assistance] county assistance office shall
18 notify the qualified individual of the existence of an
19 attendance problem for that school year and the possible
20 imposition of sanctions under subsection (b). This notification
21 shall be sent by certified mail to the last known address of the
22 qualified individual or the individual's parent or legal
23 guardian, whoever is the primary AFDC recipient, within ten days
24 of the review.
25 (b) If, after notification under subsection (a), the [County
26 Board of Assistance] county assistance office determines in any
27 subsequent month within the school year that the qualified
28 individual continues to have an attendance problem, the [County
29 Board of Assistance] county assistance office shall reduce the
30 monthly family size allowance by sixty-five dollars ($65) for
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1 each individual who fails to meet the attendance requirements
2 set forth in this subarticle.
3 (c) The sanction provided by subsection (b) shall be
4 effective for one payment month for each month that the
5 qualified individual failed to meet the attendance requirement.
6 (d) In the case of a dropout, the sanction shall remain in
7 effect until the qualified individual provides written proof
8 from the school district that he or she has reenrolled and has
9 met the attendance requirement for one month. Any month in which
10 school is "in session" as defined by the school board may be
11 used to meet the attendance requirement. The sanction shall be
12 removed in the next possible payment month.
13 Section 467. Powers and Duties of Department.--* * *
14 (b) The department and the [County Board of Assistance]
15 county assistance office from an area participating in the
16 demonstration program shall be responsible for making the AFDC
17 eligibility determinations and budget computations necessary for
18 the implementation of the provisions of section 464.
19 * * *
20 Section 9 6. Sections 487 and 493(d) of the act, amended or <--
21 added April 8, 1982 (P.L.231, No.75), are amended to read:
22 Section 487. Information to be Supplied.--(a) Every bank,
23 industrial bank, credit union, trust company, bank and trust
24 company, private banker, and building and loan association, or
25 other financial institutions doing business in Pennsylvania[,]
26 shall, when requested in writing so to do by the department, [or
27 any county board] or by any official legislative investigating
28 committee, or by any authorized agent thereof, disclose to such
29 department, [board,] committee, or authorized agent, whether or
30 not any person applying for or receiving public assistance, or
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1 former recipient within four years of closing their case, or any
2 legally responsible relative of such applicant or recipient, or
3 former recipient, has had, or has any money on deposit with, or
4 invested in, such banking institution or building and loan
5 association within one year prior to their application for
6 assistance, or at any time thereafter, the amount and date of
7 such deposit or investment, and the amounts and dates of
8 withdrawals therefrom.
9 (b) Every employer shall, when requested in writing so to do
10 by the department [or any county board] or by any official
11 legislative investigating committee, or by any authorized agent
12 thereof, disclose to such department, [board,] committee, or
13 authorized agent within thirty days, whether or not any person
14 applying for or receiving public assistance or former recipient
15 within four years of closing their case, or any legally
16 responsible relative of such applicant or recipient or former
17 recipient, has or had received, or will receive, any money in
18 salary, wages, commission, or other compensation from such
19 employer, and if so, the amount and date of such salary, wages,
20 commission, or other compensation.
21 Section 493. Employment Opportunities Incentive Grant
22 Program.--* * *
23 (d) Projects receiving grants under this section shall
24 demonstrate the following:
25 (1) Linkage with and participation of the county [boards of]
26 assistance office.
27 (2) Provisions for support services such as remedial and
28 career education, academic education, counseling, in-service
29 training and job-based curriculums.
30 (3) Demonstrate that funding would result in the creation of
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1 permanent private job opportunities.
2 (4) Demonstrate previous capability to administer programs
3 of this nature.
4 * * *
5 Section 10 7. This act shall take effect in 60 days. <--
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