SB 6 — An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in public assistance, further providing for definitions, for resources and for verification system, prohibiting eligibility for individuals convicted of drug distribution, prohibiting eligibility for violators of sexual offender registration, further providing for false statements, investigations and penalty and for prohibited use of public assistance funds, providing for lost access devices and further providing for violation and penalty.

PRIOR PRINTER'S NO.

164 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

9946 THE2017 GENERALINTRODUCED ASSEMBLYBY OFREGAN, PENNSYLVANIAARGALL, SENATESCARNATI, BILLCORMAN, SessionRESCHENTHALER, AND DiSANTO, JANUARY 25, 2017AKOVICH, FOLMER, AUMENT, WHITE REFERRED TO HEALTH AND HUMAN SERVICES, JANUARY 25, 2017 AN ACT Amending the act of No.June 13, 1967 (P.L.31, No.21), entitled "An act to consolidate, editorially revise, and codify the public welfare laws of the Commonwealth," in public assistance, further providing for definitions, for resources and for verification system, prohibiting eligibility for individuals convicted of drug distribution, prohibiting eligibility for violators of sexual offender registration, further providing for false statements, investigations and penalty and for access devices and further providing for violation andor lost penalty.

6 2017 INTRODUCED BY REGAN, ARGALL, SCARNATI, CORMAN, RESCHENTHALER, DiSANTO, RAFFERTY, WAGNER, YUDICHAK, VOGEL, STEFANO ANDHITE, BROOKS, JANUARY 25, 2017 SEN2017 BAKER, HEALTH AND HUMAN SERVICES, AS AMENDED, JUNE 21, 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," in public assistance, further providing for definitions, for resources and for verification system, prohibiting eligibility for individuals convicted of drug distribution, prohibiting eligibility for for false statements, investigations and penalty and fording prohibited use of public assistance funds, providing for lost access devices and further providing for violation and penalty.

(4) One motor vehicle with a fair market value, according to a standard guide resource available to the automobile industry and consumers that determines the value of new and used automobiles, of less than thirty-five thousand dollars ($35,000) <-- FORTY THOUSAND DOLLARS ($40,000) per assistance group.

<-- (5) Retroactive assistance payments received as a result of a prehearing conference or a fair hearing decision.

* * * (g) For the purpose of determining a recipient's eligibility 20170SB0006PN0994 - 2 - for assistance, individual lottery winnings of six hundred 20170SB0006PN0164 - 2 - dollars ($600) or more shall be considered an available resource.

Eligibility for Individuals Convicted of Drug Distribution.--(a) (1) Notwithstanding sections 405.1 and 432.24, to the extent permitted by Federal law, no individual who, after the effective date of this section, has been convicted under section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," when the amount of 20170SB0006PN0994 - 3 - controlled substances involved is equivalent to or greater than 20170SB0006PN0164 - 3 - the amount of controlled substances set forth in 18 Pa.C.S.

Treatment recommended shall be provided by facilities licensed by the Division of Drug 20170SB0006PN0994 - 4 - and Alcohol Program Licensure in the Department of Drug and 20170SB0006PN0164 - 4 - Alcohol Programs.

(e) This section shall not apply to benefits which are afforded to the minor children of those individuals who are denied eligibility to receive public assistance benefits under 20170SB0006PN0994 - 5 - subsection (a).

20170SB0006PN0164 - 5 - (f) As used in this section, the term "public assistance" means Temporary Assistance to Needy Families (TANF), general assistance and State supplemental assistance.

THE DEPARTMENT SHALL <-- ISSUE REGULATIONS NECESSARY TO EFFECTUATE COMPLIANCE WITH THE REGISTRATION REQUIREMENTS FOR INDIVIDUALS IT CONSIDERS TRANSIENT OR HOMELESS TO INCLUDE ANY ADDRESS OR LOCATION WHERE PUBLIC ASSISTANCE FUNDS ARE TO BE SENT ON BEHALF OF AN ELIGIBLE INDIVIDUAL.

Amount of Assistance Degree of Crime or Food Stamps 20170SB0006PN0994 - 6 - [$3,000 or more Felony of the third degree $1,500 to $2,999 Misdemeanor of the first degree $1,000 to $1,499 Misdemeanor of the second degree $ 999 and under, or an attempt to commit any act prohibited in 20170SB0006PN0164 - 6 - subsection (a) Misdemeanor of the third degree Pursuant to 42 Pa.C.S.

(2) Purchase tobacco, or tobacco paraphernalia, with an <-- access device.

(3) (2) Withdraw funds from an access device for any <-- transaction in a casino or gaming establishment or any retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for 20170SB0006PN0994 - 7 - entertainment.

20170SB0006PN0164 - 7 - (c) The Pennsylvania Gaming Control Board and the Pennsylvania Liquor Control Board, in consultation with the department, shall take appropriate measures to prevent the use of public assistance funds for the purposes proscribed in this section.

(E) THE DEPARTMENT SHALL NOT ASSESS A REPLACEMENT FEE IN <-- ACCORDANCE WITH SUBSECTION (A) OR (B) AND NO NOTIFICATION SHALL BE MADE IN ACCORDANCE WITH SUBSECTION (C) IF:

20170SB0006PN0994 - 8 - (1) A RECIPIENT IS ABLE TO PROVE THAT THE ACCESS DEVICE ASSIGNED TO THE RECIPIENT HAS BEEN LOST IN POSTAGE OR HAS OTHERWISE BEEN LOST BY THE DEPARTMENT.

(2) THE ACCESS DEVICE ASSIGNED TO A RECIPIENT BY THE DEPARTMENT IS DAMAGED OR DOES NOT FUNCTION.

(3) A RECIPIENT'S ORIGINAL ACCESS DEVICE WAS LOST OR DAMAGED IN A FIRE, FLOOD OR OTHER NATURAL DISASTER.

Penalty.--(a) Any bank, industrial bank, credit union, trust company, bank and trust company, private banker, building and loan association, or other financial institution doing business in Pennsylvania, or employer who or which wilfully violates the provisions of section 487 of this act, or who or which wilfully makes any false or misleading statement in connection with any disclosure required by said section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not 20170SB0006PN0164 - 8 - exceeding one thousand dollars ($1000).

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