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 20050S0255B1774 - 2 -
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 20050S0255B1774 - 3 -
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 20050S0255B1774 - 4 -
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. 20050S0255B1774 - 5 -
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 20050S0255B1774 - 6 -
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 20050S0255B1774 - 7 -
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 20050S0255B1774 - 8 -
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 20050S0255B1774 - 9 -
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 20050S0255B1774 - 10 -
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 20050S0255B1774 - 11 -
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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