PRINTER'S NO. 485
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
438
Session of
2015
INTRODUCED BY KNOWLES, METCALFE, MILLARD, BLOOM, DUNBAR, BOBACK,
CAUSER, BARRAR, SACCONE, HICKERNELL, KAUFFMAN, DAY, HEFFLEY,
SAYLOR, TALLMAN, ACOSTA, D. COSTA, MULLERY, GOODMAN, JAMES,
MARSICO, M. K. KELLER, EMRICK, MURT, GABLER, A. HARRIS, FEE,
ROAE, CUTLER, EVERETT, ZIMMERMAN, DIAMOND, GREINER,
EVANKOVICH, TOOHIL, FARRY, SONNEY, REGAN, GILLEN, MASSER,
SIMMONS AND PHILLIPS-HILL, FEBRUARY 10, 2015
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 10, 2015
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 eligibility for persons with drug-
related felonies.
WHEREAS, The General Assembly has the responsibility to
prevent and deter the misuse of taxpayer-funded welfare
benefits, an issue uniquely within the purview of the General
Assembly as the body most representative of the people of this
Commonwealth; and
WHEREAS, A person's participation in welfare programs is
optional and conditioned on accepting the terms set by the
General Assembly; and
WHEREAS, No one has a right or legal claim to taxpayer-funded
welfare benefits; and
WHEREAS, Welfare must be a temporary bridge to help citizens
join the work force and achieve self-sufficiency; and
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WHEREAS, The participation in the illegal drug trade is a
substantial barrier to a welfare recipient's returning to the
work force; and
WHEREAS, The General Assembly finds and declares that the
intent of this legislation is:
(1) To ensure taxpayer-funded welfare benefits are not
used to purchase illicit drugs.
(2) To reduce the illegal drug trade, which causes
substantial damage to the social, moral and financial fabric
of this Commonwealth.
(3) To discourage the use of illicit drugs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 432.24(e), (f) and (g) of the act of June
13, 1967 (P.L.31, No.21), known as the Public Welfare Code,
added June 30, 2011 (P.L.89, No.22), are amended to read:
Section 432.24. Eligibility for Persons with Drug-related
Felonies.--* * *
[(e) Notwithstanding any other provision in this section,
the department shall, in its sole discretion, determine when it
is cost effective to implement the provisions of this section.
(f) Within six months of the effective date of this section,
the department shall submit a written report detailing the
department's determination whether it is cost effective to
implement the provisions of this section. Nothing in this
section shall prohibit the department from implementation of
this program prior to the issuance of the report. The report
shall be submitted to the Governor, the General Assembly, the
chairperson and minority chairperson of the Public Health and
Welfare Committee of the Senate, the chairperson and minority
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chairperson of the Health Committee of the House of
Representatives and the Inspector General.]
(g) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Drug offense" means an offense resulting in a conviction for
the possession, use or distribution of a controlled substance,
or conspiracy to commit the offense, whether the offense
occurred in this Commonwealth or in another jurisdiction.
"Drug test" or "drug retest" means a urinalysis, blood test
or another scientific study of an individual's body which has
been conclusively found to detect the presence or prior use of
an illegal drug or substance and for which the accuracy has been
accepted in the scientific community.
"Public assistance" means Temporary Assistance to Needy
Families (TANF), Federal food stamps, general assistance and
State supplemental assistance.
Section 2. This act shall take effect in 60 days.
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