Bill Text: PA HB2039 | 2011-2012 | Regular Session | Introduced

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Bill Title: In public assistance, further providing for eligibility for persons with drug-related felonies.

Spectrum: Strong Partisan Bill (Republican 38-2)

Status: (Introduced - Dead) 2011-11-30 - Referred to HUMAN SERVICES [HB2039 Detail]

Download: Pennsylvania-2011-HB2039-Introduced.html

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PRINTER'S NO. 2801
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2039 Session of2011
INTRODUCED BY KRIEGER, REESE, DUNBAR, EVANKOVICH, TRUITT, MILLARD, TALLMAN, HALUSKA, GRELL, HARRIS, STEVENSON, MAJOR, GROVE, MARSHALL, KAUFFMAN, READSHAW, EVERETT, CAUSER, F. KELLER, MARSICO, FARRY, FLECK, M. K. KELLER, SCHRODER, ROAE, GINGRICH, GEIST, MILNE, BLOOM, COX AND MURT, NOVEMBER 30, 2011
REFERRED TO COMMITTEE ON HUMAN SERVICES, NOVEMBER 30, 2011
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 workforce and achieve self-sufficiency; and
WHEREAS, The participation in the illegal drug trade is a
substantial barrier to a welfare recipient 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 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), is amended to read:
Section 432.24. [Eligibility for Persons with Drug-related
Felonies] Screening for Illegal Drug Use.--(a) To the extent
permitted by Federal law, [a person who is otherwise eligible to
receive public assistance shall not be denied assistance solely
because he has been convicted of a felony drug offense,
provided:
(1) He is complying with or has already complied with the
obligations imposed by the criminal court.
(2) He is actively engaged in or has completed a court-
ordered substance abuse treatment program and participates in
periodic drug screenings for five years after the drug-related
conviction or for the duration of probation, whichever is of
longer duration] the department shall develop and implement a
drug test and drug retest program to screen applicants for and
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recipients of public assistance. Each applicant or recipient
eighteen years of age or older and less than sixty-five years of
age must meet the requirements of this section as a condition
for receiving public assistance.
(b) Under the screening for the drug test and retest program
the department shall:
(1) Require a recipient be scheduled to be tested [if he has
either a felony conviction for a drug offense which occurred
within five years or a felony conviction for a drug offense for
which he is presently on probation] subject to the following
conditions:
(i) An individual who is applying for public assistance is
required to be tested and shall be tested at the time the
application for public assistance is made.
(ii) A recipient already receiving public assistance as of
the effective date of this section shall be scheduled to be
tested in accordance with paragraph (2).
(2) Develop and implement a system for randomly testing no
less than twenty percent of the individuals receiving public
assistance benefits during each six-month period following the
effective date of this section who are subject to testing for
the presence of illegal drugs under this section.
(3) Deny public assistance to an individual who refuses to
take the drug test or the drug retest required by this section
and terminate the public assistance benefits for anyone who
refuses to submit to the random drug test required by this
section.
(c) An individual who takes the drug test or retest and
fails it shall be subject to the following sanctions:
(1) For failing a drug test or retest the first time[, an
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individual shall be provided an assessment for addiction and
provided treatment for addiction as indicated by treatment
criteria developed by the Single State Authority on Drugs and
Alcohol. Assessments shall be conducted by the Single County
Authority (SCA) on Drugs and Alcohol or a designee. Treatment
recommended shall be provided by facilities licensed by the
Division of Drug and Alcohol Program Licensure in the Department
of Health. Medicaid eligibility and determinations shall be
expedited to ensure access to assessment and addiction treatment
through Medicaid. If the individual cooperates with the
assessment and treatment, no penalty will be imposed. If the
individual refuses to cooperate with the assessment and
treatment,] the public assistance shall be suspended for six
months. The department must notify the individual of the failed
drug test no later than seven days after receipt of the drug
test results, and the suspension in public assistance will begin
on the next scheduled distribution of public assistance and for
every other distribution of public assistance until the
suspension period lapses. After suspension, an individual may
apply for public assistance, but shall submit to a retest.
(2) For failing a drug test or retest the second time, the
public assistance to which the individual is entitled shall be
suspended for twelve months. The department must notify the
individual of the failed drug test no later than seven days
after receipt of the drug test results, and the suspension in
public assistance shall begin on the next scheduled distribution
of public assistance and for every other distribution of public
assistance until the suspension period lapses. After suspension,
an individual may then reapply for public assistance, but shall
submit to a retest.
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(3) For failing a drug test or retest the third time, the
individual shall no longer be entitled to public assistance.
(c.1) During the time that an applicant or recipient is
under a sanction under subsection (c), the department shall
appoint a protective payee to receive public assistance on
behalf of the children of the applicant or recipient.
(c.2) The department shall keep all results of the drug test
or retest confidential to all parties, including law
enforcement, except as required by a subpoena or court order.
(d) Nothing in this section shall be construed to render
applicants or recipients who fail a drug test or drug retest
ineligible for:
(1) a Commonwealth program that pays the costs for
participating in a drug treatment program;
(2) a medical assistance program; or
(3) another benefit not included within the definition of
public assistance as defined under this act.
[(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
chairperson of the Health Committee of the House of
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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" [means] and "drug retest" mean 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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