SENATE AMENDED
PRIOR PRINTER'S NOS. 2583, 3022, 3882, PRINTER'S NO. 4011
4005
No. 2044 Session of 1979
INTRODUCED BY MESSRS. PUNT, GLADECK, ZORD, LASHINGER, MISS
SIRIANNI, MR. NOYE, MRS. ARTY, MESSRS. BURD, POTT, CESSAR,
ZELLER, PERZEL, GIAMMARCO, MRS. R. CLARK, MESSRS. DeVERTER,
ARMSTRONG, MANMILLER, CIMINI, SCHEAFFER, W. W. FOSTER,
MADIGAN, COSLETT, SIEMINSKI, McVERRY, GRUPPO, FISCHER, LEVI,
PYLES, MRS. E. Z. TAYLOR, MESSRS. POLITE, CORNELL, MRS.
LEWIS, MESSRS. NAHILL, MOWERY, PRATT, BORSKI, DIETZ, SWIFT,
BOWSER, BITTLE, LETTERMAN, BELARDI, MRS. M. H. GEORGE,
MESSRS. MILLER, LEHR, ALDEN, PETERSON, GAMBLE,
E. H. SMITH, ZITTERMAN, COCHRAN, TELEK, S. E. HAYES, JR.,
GEIST, E. G. JOHNSON, PITTS, FREIND, DAVIES, McCLATCHY, RYAN,
MACKOWSKI, DUFFY, CHESS, COLE, SPITZ, GRIECO, WASS,
E. R. LYNCH, MOEHLMANN, WENGER, ANDERSON, DORR, MRS. HONAMAN,
MESSRS. KLINGAMAN, GATSKI, BROWN, ROCKS, SERAFINI, McKELVEY,
HASAY, CALTAGIRONE, BRANDT, FISHER AND McMONAGLE, DECEMBER 3,
1979
SENATOR SMITH, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, OCTOBER 6, 1980
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," limiting general
4 assistance to chronically needy persons and transitionally
5 needy persons, FURTHER PROVIDING FOR ANNUAL QUALITY CONTROL <--
6 REVIEWS RELATING TO THE ADMINISTRATION OF ASSISTANCE, FOR
7 CHILD SUPPORT ELIGIBILITY, PROVIDING AN EMPLOYMENT PROGRAM <--
8 FOR GENERAL ASSISTANCE RECIPIENTS AND FURTHER PROVIDING FOR
9 CONTINUING ELIGIBILITY FOR GENERAL ASSISTANCE AND THE
10 VERIFICATION THEREOF, FOR PROCEDURES RELATING TO THE
11 COOPERATION OF CARETAKER RELATIVES, FOR ACCESS TO CERTAIN
12 RECORDS, FOR THE USE OF FUNDS SAVED FOR CERTAIN EXPENDITURES,
13 AND PROVIDING A TAX CREDIT AGAINST THE CORPORATE NET INCOME <--
14 TAX FOR BUSINESS FIRMS FOR EMPLOYING RECIPIENTS, AND <--
15 PROVIDING FOR REIMBURSEMENT TO COUNTIES FOR CHILD WELFARE
16 SERVICES, AND MAKING AN APPROPRIATION. <--
17 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Clause (3) of section 432, act of June 13, 1967 <--
3 (P.L.31, No.21), known as the "Public Welfare Code," amended
4 April 1, 1976 (P.L.64, No.28), is amended to read:
5 SECTION 1. SECTION 403, ACT OF JUNE 13, 1967 (P.L.31, <--
6 NO.21), KNOWN AS THE "PUBLIC WELFARE CODE," IS AMENDED BY ADDING
7 A SUBSECTION TO READ:
8 SECTION 403. UNIFORMITY IN ADMINISTRATION OF ASSISTANCE;
9 REGULATIONS AS TO ASSISTANCE.--* * *
10 (E) BEGINNING JULY 1, 1981, THE DEPARTMENT SHALL CONDUCT
11 ANNUAL QUALITY CONTROL REVIEWS OF THE CHRONICALLY NEEDY CASE
12 LOAD IN ACCORDANCE WITH A METHODOLOGY AND SCOPE DETERMINED BY
13 THE DEPARTMENT.
14 SECTION 2. SUBSECTION (E) OF SECTION 405.1 OF THE ACT, ADDED
15 JULY 15, 1976 (P.L.993, NO.202), IS AMENDED TO READ:
16 SECTION 405.1. PENNSYLVANIA EMPLOYABLES PROGRAM.--* * *
17 (E) THE DEPARTMENT SHALL[, WITHIN TWELVE MONTHS OF THE
18 EFFECTIVE DATE OF THIS ACT,] ESTABLISH [A SERIES OF
19 DEMONSTRATION PROJECTS] THROUGHOUT THE COMMONWEALTH, PROGRAMS
20 WHICH WILL HAVE AS THEIR PRIMARY PURPOSE, THE OBTAINING OF BONA
21 FIDE EMPLOYMENT FOR NON-EXEMPT ASSISTANCE APPLICANTS AND
22 RECIPIENTS. [THE DEMONSTRATION PROJECTS MAY BE SUBSTITUTED FOR
23 THE REGISTRATION REQUIRED BY SUBSECTION (A). THE DEMONSTRATION
24 PROJECTS SHALL INCLUDE, BUT NOT BE LIMITED TO REFERRAL TO
25 PRIVATE EMPLOYMENT AGENCIES UNDER CONTRACT WITH THE DEPARTMENT
26 AND THE ESTABLISHMENT OF AN EMPLOYMENT OFFICER IN COUNTY BOARD
27 OF ASSISTANCE OFFICES. THOSE DEMONSTRATION PROJECTS CONSIDERED
28 BY THE DEPARTMENT TO BE SUCCESSFUL AFTER AT LEAST A TWELVE-MONTH
29 TRIAL PERIOD MAY BE MADE PERMANENT ON EITHER A STATEWIDE OR
30 LOCALIZED BASIS. DURING THE TRIAL PERIOD, A DEMONSTRATION
19790H2044B4011 - 2 -
1 PROJECT MAY BE EXPANDED. EVERY DEMONSTRATION PROJECT MUST
2 INCLUDE ADEQUATE PROVISION FOR EVALUATION AND EACH EVALUATION
3 SHALL INCLUDE PARTICIPATION BY MEMBERS OF THE PUBLIC.] NOTHING
4 IN THIS SUBSECTION SHALL BE CONSTRUED TO PERMIT [THE
5 IMPLEMENTATION OF A DEMONSTRATION PROGRAM] PROGRAMS WHICH WOULD
6 REQUIRE AN APPLICANT OR RECIPIENT TO PERFORM WORK AS PAYMENT FOR
7 AN ASSISTANCE GRANT.
8 * * *
9 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
10 SECTION 405.2. EMPLOYMENT PROGRAM.--(A) ANY PERSON WHO HAS
11 NOT RECEIVED A BONA FIDE OFFER OF TRAINING OR EMPLOYMENT UNDER
12 SECTION 405.1 SHALL, AS A CONDITION OF CONTINUING ELIGIBILITY
13 FOR GENERAL ASSISTANCE, REPORT TO AND REGISTER WITH THE LOCAL
14 OFFICE OF THE BUREAU OF EMPLOYMENT SECURITY FOR ASSIGNMENT TO
15 AVAILABLE EMPLOYMENT OPPORTUNITIES.
16 (B) EACH LOCAL OFFICE OF THE BUREAU SHALL REPORT TO THE
17 DEPARTMENT THE NAMES OF PERSONS WHO HAVE REPORTED AND REGISTERED
18 BUT FOR WHOM THE BUREAU HAS BEEN UNABLE TO SECURE EMPLOYMENT.
19 (C) THE BUREAU SHALL PROVIDE TO ALL POLITICAL SUBDIVISIONS
20 IN THE COMMONWEALTH LISTS ON WHICH THERE SHALL APPEAR THE NAMES
21 OF RESIDENTS OF THE POLITICAL SUBDIVISION FOR WHOM THE BUREAU
22 HAS BEEN UNABLE TO SECURE EMPLOYMENT.
23 (D) NOTWITHSTANDING THE PROVISIONS OF SECTION 405.1, ANY <--
24 PERSON (D) ANY PERSON NOT EXEMPT FROM REGISTRATION UNDER <--
25 SECTION 405.1 AND FOR WHOM THE BUREAU HAS BEEN UNABLE TO SECURE
26 EMPLOYMENT SHALL AS A CONDITION OF CONTINUING ELIGIBILITY FOR
27 GENERAL ASSISTANCE BE REQUIRED TO WORK FOR THE POLITICAL
28 SUBDIVISION IN WHICH HE OR SHE RESIDES, FOR ANY MUNICIPAL
29 AUTHORITY PROVIDING SERVICE TO SUCH POLITICAL SUBDIVISION OR FOR
30 THE COMMONWEALTH. ANY WORK OPPORTUNITY PROVIDED BY THE
19790H2044B4011 - 3 -
1 COMMONWEALTH SHALL BE WITHIN THE COUNTY WITHIN WHICH SUCH PERSON
2 RESIDES. SUCH PERSON SHALL BE REQUIRED TO WORK THAT NUMBER OF
3 HOURS WHICH WHEN MULTIPLIED BY THE PREVAILING MINIMUM WAGE UNDER
4 FEDERAL LAW EQUALS THE AMOUNT OF GENERAL ASSISTANCE SUCH PERSON
5 RECEIVES.
6 (E) NO PERSON SHALL BE DENIED GENERAL ASSISTANCE UNDER THIS
7 SECTION IF THE POLITICAL SUBDIVISION, MUNICIPAL AUTHORITY OR THE
8 COMMONWEALTH HAS NO AVAILABLE WORK IN THE POLITICAL SUBDIVISION
9 IN WHICH SUCH PERSON RESIDES, IN THE SERVICE AREA OF THE
10 MUNICIPAL AUTHORITY OR, IN THE CASE OF COMMONWEALTH EMPLOYMENT,
11 IN THE COUNTY WITHIN WHICH SUCH PERSON RESIDES.
12 (F) ANY AGENCY OF THE COMMONWEALTH, POLITICAL SUBDIVISION OR
13 MUNICIPAL AUTHORITY PROVIDING WORK FOR PERSONS UNDER THIS
14 SECTION SHALL REPORT TO THE BUREAU POSITIONS PROVIDED, JOB
15 LOCATION, HOURS OF WORK AND THE NAMES OF ALL PERSONS WHO HAVE
16 BEEN PROVIDED WORK.
17 (G) WORK PROVIDED UNDER THIS SECTION MUST BE CONSISTENT WITH
18 THE PERSON'S PHYSICAL, MENTAL AND EMOTIONAL CAPABILITIES.
19 (H) NO PERSON EMPLOYED BY THE COMMONWEALTH, ANY AGENCY OF
20 THE COMMONWEALTH, ANY POLITICAL SUBDIVISION OR ANY MUNICIPAL
21 AUTHORITY SHALL BE TERMINATED OR DISPLACED FROM HIS OR HER
22 POSITION AND REPLACED BY A PERSON TAKEN FROM THE GENERAL
23 ASSISTANCE ROLLS AND PROVIDED A POSITION OR PROVIDED A JOB UNDER
24 THE PROVISIONS OF THIS SECTION.
25 (I) THE BUREAU SHALL HAVE THE AUTHORITY TO PROMULGATE RULES
26 AND REGULATIONS NECESSARY FOR THE APPLICATION OF THIS SECTION
27 AND FOR THE DETERMINATION OF CONTINUED ELIGIBILITY UNDER THE
28 EMPLOYMENT REQUIREMENTS OF THIS SECTION.
29 (J) WORKMEN'S COMPENSATION INSURANCE PREMIUMS SHALL BE THE
30 RESPONSIBILITY OF THE ENTITY WHICH PROVIDES THE EMPLOYMENT
19790H2044B4011 - 4 -
1 OPPORTUNITY.
2 (K) NO LIEN SHALL BE IMPOSED AGAINST THE PROPERTY OF ANY
3 PERSON DURING THE PERIOD SUCH PERSON IS WORKING UNDER THE TERMS
4 OF THIS SECTION.
5 SECTION 3 4. SECTION 409 OF THE ACT IS AMENDED TO READ: <--
6 SECTION 409. COLLECTION OF INFORMATION; REPORTS.--THE
7 DEPARTMENT SHALL HAVE THE DUTY:
8 (1) TO GATHER AND STUDY CURRENT INFORMATION CONSTANTLY, AND
9 TO REPORT, AT LEAST ANNUALLY, TO THE GOVERNOR, AS TO THE NATURE
10 AND NEED OF ASSISTANCE, AS TO THE AMOUNTS EXPENDED UNDER THE
11 SUPERVISION OF EACH COUNTY BOARD, AND AS TO THE WORK OF EACH
12 COUNTY BOARD, AND TO CAUSE SUCH REPORTS TO BE PUBLISHED FOR THE
13 INFORMATION OF THE PUBLIC.
14 (2) TO REPORT, AT LEAST ANNUALLY, TO THE GOVERNOR, AS TO THE
15 COST OF LIVING IN THE VARIOUS COUNTIES, AS RELATED TO THE
16 STANDARDS OF ASSISTANCE AND THE AMOUNTS EXPENDED FOR ASSISTANCE,
17 AND TO CAUSE SUCH REPORTS TO BE PUBLISHED FOR THE INFORMATION OF
18 THE PUBLIC. THE DEPARTMENT SHALL PUBLISH ANNUALLY IN THE
19 PENNSYLVANIA BULLETIN A DESCRIPTION OF THE METHODOLOGY IT USES
20 IN DETERMINING WHAT INCOME PERSONS NEED TO MEET A MINIMUM
21 STANDARD OF HEALTH AND DECENCY, THE AMOUNTS SO REQUIRED TO MEET
22 THAT STANDARD AND THE PERCENTAGE OF THE NEED MET BY CASH
23 ASSISTANCE PAYMENTS AND FOOD STAMPS.
24 SECTION 4 5. THE INTRODUCTORY PARAGRAPH AND CLAUSE (3) OF <--
25 SECTION 432 OF THE ACT, AMENDED APRIL 1, 1976 (P.L.64, NO.28),
26 ARE AMENDED TO READ:
27 Section 432. Eligibility.--Except as hereinafter otherwise
28 provided, and subject to the rules, regulations, and standards
29 established by the department, both as to eligibility for
30 assistance and as to its nature and extent, needy persons of the
19790H2044B4011 - 5 -
1 classes defined in clauses (1), (2)[, (2)(i) and (2)(ii)] AND <--
2 (3) shall be eligible for assistance:
3 * * *
4 (3) Other persons who are citizens of the United States, or
5 legally admitted aliens and who are chronically needy or
6 transitionally needy persons.
7 (i) Chronically needy persons are those persons chronically
8 in need who may be eligible for an indeterminate period as a
9 result of medical, social or related circumstances and shall
10 include, but shall be limited to, the following: <--
11 (A) A child who is under age sixteen EIGHTEEN, or who is <--
12 under twenty-two and attending high school, an approved program
13 of vocational training on a full-time basis, or undergraduate
14 college on a full-time basis. No general assistance shall be
15 paid to any full-time undergraduate student at a college or
16 university who has not participated in a Federally subsidized
17 program for dependent children within the previous five years.
18 (B) A person who is over fifty-five FORTY years of age. <--
19 (C) A person who has a serious physical or mental handicap
20 which prevents him or her from working in an employment <--
21 situation as determined by the department after consultation
22 with a practitioner of the healing arts. ANY SUBSTANTIAL GAINFUL <--
23 ACTIVITY AS DETERMINED IN ACCORDANCE WITH STANDARDS ESTABLISHED
24 BY THE DEPARTMENT. THE DEPARTMENT MAY REQUIRE THAT DOCUMENTATION
25 OF DISABILITY BE SUBMITTED FROM A PHYSICIAN OR PSYCHOLOGIST. THE
26 DEPARTMENT MAY ALSO ORDER AT THE DEPARTMENT'S EXPENSE A PERSON
27 TO SUBMIT TO AN INDEPENDENT EXAMINATION AS A CONDITION OF
28 RECEIVING ASSISTANCE UNDER THIS PARAGRAPH. The department shall
29 determine eligibility within thirty days from the date of
30 application. PERSONS DISCHARGED FROM MENTAL INSTITUTIONS SHALL <--
19790H2044B4011 - 6 -
1 BE CLASSIFIED AS CHRONICALLY NEEDY IN ACCORDANCE WITH DEPARTMENT
2 REGULATIONS.
3 (D) A lone caretaker for one or more dependents. <--
4 (D) A PERSON WHO IS A CARETAKER. THIS CATEGORY OF PERSONS <--
5 SHALL INCLUDE (I) ONE PARENT OR OTHER CARETAKER OF A CHILD UNDER
6 THE AGE OF FOURTEEN AND (II) PERSONS WHOSE PRESENCE IS REQUIRED
7 IN THE HOME TO CARE FOR ANOTHER PERSON AS DETERMINED IN
8 ACCORDANCE WITH DEPARTMENT REGULATIONS.
9 (E) A person suffering from drug or alcohol abuse who is
10 currently undergoing active treatment in an approved program.
11 (F) A person over age forty-five who has been certified by <--
12 the Bureau of Employment Security as being vocationally unable
13 to obtain employment.
14 (F) A PERSON WHO IS EMPLOYED FULL TIME AND WHO DOES NOT HAVE <--
15 EARNINGS IN EXCESS OF CURRENT GRANT LEVELS.
16 (G) Any person who is ineligible for Unemployment
17 Compensation and whose income falls below the poverty ASSISTANCE <--
18 ALLOWANCE level as a result of a natural disaster AS DETERMINED <--
19 BY THE DEPARTMENT.
20 (H) ANY PERSON WHO DOES NOT QUALIFY AS CHRONICALLY NEEDY
21 UNDER OTHER PROVISIONS OF THIS ACT, WHO HAS SERVED AT LEAST TWO
22 YEARS ON A SENTENCE OF IMPRISONMENT, AND HAS BEEN TRANSFERRED TO
23 A PRE-RELEASE FACILITY, RELEASED ON PAROLE, OR RELEASED AT THE
24 EXPIRATION OF THE MAXIMUM SENTENCE NOT MORE THAN SIXTY DAYS
25 BEFORE APPLYING FOR ASSISTANCE. SUCH PERSONS SHALL ONLY BE
26 CONSIDERED AS CHRONICALLY NEEDY UNDER THIS PROVISION FOR A
27 MAXIMUM OF THREE MONTHS FOLLOWING RELEASE FROM IMPRISONMENT, AND
28 MUST COMPLY WITH SECTION 405.1. SECTIONS 405.1 AND 405.2. <--
29 (I) ANY PERSON, OTHERWISE ELIGIBLE FOR GENERAL ASSISTANCE, <--
30 WHO IS REGISTERED WITH THE BUREAU OF EMPLOYMENT SECURITY AND WHO
19790H2044B4011 - 7 -
1 HAS NOT REFUSED AN OFFER OF BONA FIDE EMPLOYMENT AS DEFINED
2 UNDER SECTION 405.1.
3 (I) ANY PERSON, OTHERWISE ELIGIBLE FOR GENERAL ASSISTANCE, <--
4 WHO IS REGISTERED WITH THE BUREAU OF EMPLOYMENT SECURITY AND WHO
5 HAS NOT REFUSED AN OFFER OF BONA FIDE EMPLOYMENT AS DEFINED
6 UNDER SECTIONS 405.1 AND 405.2.
7 (ii) Assistance for chronically needy persons shall continue
8 as long as the person remains eligible. Redeterminations shall
9 be conducted on at least an annual basis and persons capable of
10 work, even though otherwise eligible for assistance to the
11 chronically needy, would be required to register for employment
12 and accept employment if offered as a condition of eligibility
13 except as otherwise exempt under section 405.1.
14 (iii) Transitionally needy persons are those persons who are
15 otherwise eligible for general assistance but do not qualify as
16 chronically needy. Assistance for transitionally needy persons
17 shall be authorized in the form of a single grant not to exceed
18 the amount of thirty days assistance in any twelve-month period.
19 * * *
20 Section 2. This act shall be implemented during the six- <--
21 month period following the effective date hereof. During that
22 time, the eligibility of all recipients receiving general
23 assistance as of the effective date of this act shall be
24 redetermined. General assistance recipients found eligible as
25 chronically needy would be continued as general assistance
26 recipients beyond the six-month implementation period so long as
27 they maintained their eligibility. Transitionally needy
28 recipients would be eligible for the one time grant of up to
29 thirty days assistance at the end of the six-month
30 implementation period. Provisions of this act shall apply to new
19790H2044B4011 - 8 -
1 applicants for general assistance as of the effective date of
2 the act.
3 Section 3. No person shall be employed or enrolled for
4 training under the Comprehensive Employment and Training Act
5 (CETA) by any CETA prime sponsor until all transitionally needy
6 persons in the geographic area of the CETA prime sponsors have
7 been employed or enrolled in a training program.
8 Section 4. This act shall take effect in 90 days.
9 SECTION 5 6. SECTIONS 432.3, 432.6(A) AND 432.7(A)(4) AND <--
10 (B) OF THE ACT, ADDED JULY 15, 1976 (P.L.993, NO.202), ARE
11 AMENDED TO READ:
12 SECTION 432.3. VOLUNTARY TERMINATION OF EMPLOYMENT.--A
13 PERSON WHO IS NOT IN A CLASS OF PERSONS EXCLUDED FROM MANDATORY
14 PARTICIPATION IN THE PENNSYLVANIA EMPLOYABLES PROGRAM AND WHO
15 WITHOUT GOOD CAUSE: (I) VOLUNTARILY TERMINATES EMPLOYMENT OR
16 REDUCES HIS EARNING CAPACITY FOR THE PURPOSE OF QUALIFYING FOR
17 ASSISTANCE OR A LARGER AMOUNT THEREOF; [OR] (II) FAILS TO APPLY
18 IN GOOD FAITH FOR SUITABLE WORK AT SUCH TIME AND IN SUCH MANNER
19 AS THE DEPARTMENT MAY PRESCRIBE; OR (III) FAILS OR REFUSES TO
20 ACCEPT REFERRAL TO AND PARTICIPATE IN A VOCATIONAL
21 REHABILITATION OR TRAINING PROGRAM, INCLUDING THE WORK INCENTIVE
22 PROGRAM, OR REFUSES TO ACCEPT REFERRAL TO AND WORK IN EMPLOYMENT
23 IN WHICH HE IS ABLE TO ENGAGE, PROVIDED SUCH EMPLOYMENT CONFORMS
24 TO THE STANDARDS ESTABLISHED FOR A BONA FIDE OFFER OF EMPLOYMENT
25 IN THE PENNSYLVANIA EMPLOYABLES PROGRAM, SHALL BE DISQUALIFIED
26 FROM RECEIVING ASSISTANCE FOR [THIRTY DAYS THEREAFTER AND] SIXTY
27 DAYS FOR THE FIRST VIOLATION AND THEREAFTER UNTIL SUCH TIME AS
28 HE IS WILLING TO COMPLY WITH THE REQUIREMENTS OF SECTION 405.1.
29 FOR EACH SUBSEQUENT VIOLATION, THE MINIMUM DISQUALIFICATION
30 PERIOD SHALL BE INCREASED BY SIXTY DAYS. THE DISQUALIFICATION
19790H2044B4011 - 9 -
1 PERIOD SHALL COMMENCE ON THE DATE THE DEPARTMENT'S ORDER
2 IMPOSING THE DISQUALIFICATION IS FINAL.
3 SECTION 432.6. SUPPORT FROM LEGALLY RESPONSIBLE RELATIVES.--
4 (A) EVERY APPLICANT FOR ASSISTANCE WHOSE ELIGIBILITY IS BASED ON
5 DEPRIVATION DUE TO ABSENCE OF A PARENT FROM A HOME SHALL BE
6 REFERRED WITHIN TEN DAYS FOR INTERVIEW TO THE [DESIGNATED
7 SUPPORT OFFICIAL OF THE DEPARTMENT WHO SHALL BE STATIONED IN
8 LOCAL WELFARE OFFICES, UNLESS SUCH OFFICES HAVE TOO FEW
9 APPLICANTS TO WARRANT PERMANENT STATIONING] DOMESTIC RELATIONS
10 SECTION OR OTHER APPLICABLE DIVISION OF THE COURT OF COMMON
11 PLEAS. THE DEPARTMENT SHALL BE RESPONSIBLE FOR TAKING ALL STEPS
12 NECESSARY TO IDENTIFY, LOCATE, AND OBTAIN SUPPORT PAYMENTS FROM
13 ABSENT PARENTS.
14 * * *
15 SECTION 432.7. DETERMINATION OF PATERNITY AND ENFORCEMENT OF
16 SUPPORT OBLIGATIONS.--IN ACCORDANCE WITH A CHILD SUPPORT PLAN
17 APPROVED BY THE FEDERAL GOVERNMENT, THE DEPARTMENT SHALL HAVE
18 THE POWER AND ITS DUTY SHALL BE TO:
19 (A) REQUIRE AS A CONDITION OF ELIGIBILITY FOR ASSISTANCE
20 THAT THE APPLICANT OR RECIPIENT:
21 * * *
22 (4) COOPERATE IN OBTAINING SUPPORT PAYMENTS FOR SUCH
23 APPLICANT OR RECIPIENT AND FOR A CHILD WITH RESPECT TO WHOM SUCH
24 AID IS CLAIMED OR IN OBTAINING ANY OTHER PAYMENT OR PROPERTY DUE
25 SUCH APPLICANT, RECIPIENT OR SUCH CHILD, EXCEPT WHEN SUCH
26 COOPERATION WOULD NOT BE IN THE BEST INTEREST OF THE CHILD IN
27 ACCORDANCE WITH STANDARDS DEVELOPED BY THE DEPARTMENT CONSISTENT
28 WITH FEDERAL REGULATIONS. "COOPERATION" INCLUDES, BUT IS NOT
29 LIMITED TO, THE KEEPING OF SCHEDULED APPOINTMENTS WITH
30 APPLICABLE OFFICES AND APPEARING AS A WITNESS IN COURT OR AT
19790H2044B4011 - 10 -
1 OTHER HEARINGS OR PROCEEDINGS NECESSARY TO OBTAIN SUPPORT FROM
2 THE ABSENT PARENT.
3 (B) PROVIDE FOR PROTECTIVE PAYMENTS [FOR ANY CHILD ELIGIBLE
4 FOR ASSISTANCE WHEN A CARETAKER RELATIVE IS INELIGIBLE DUE TO
5 THE CARETAKER RELATIVE'S FAILURE TO COMPLY WITH EITHER CLAUSE
6 (2), (3) OR (4) OF SUBSECTION (A)] AS SET FORTH IN SECTION
7 432.7A.
8 * * *
9 SECTION 6 7. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
10 SECTION 432.7A. PROTECTIVE PAYMENTS IMPOSED FOR FAILURE TO
11 COOPERATE.--(A) IT IS ESSENTIAL TO THE EFFECTIVE AND
12 RESPONSIBLE UTILIZATION OF ASSISTANCE FUNDS THAT APPLICANTS AND
13 RECIPIENTS WHO ARE CARETAKER RELATIVES OF A CHILD WHOSE
14 ELIGIBILITY FOR ASSISTANCE IS BASED ON DEPRIVATION DUE TO
15 ABSENCE OF A PARENT FROM A HOME, COOPERATE FULLY WITH THE
16 DEPARTMENT IN SECURING CHILD SUPPORT PAYMENTS FROM THE ABSENT
17 PARENT AND IN ALL OTHER MATTERS SET FORTH IN SUBSECTION (A) OF
18 SECTION 432.7.
19 (B) (1) UPON APPLICATION FOR ASSISTANCE, EACH CARETAKER
20 RELATIVE SHALL BE NOTIFIED THAT HIS OR HER COOPERATION IN THE
21 MATTERS SET FORTH IN SUBSECTION (A) OF SECTION 432.7 SHALL BE
22 REQUIRED AS A CONDITION OF ELIGIBILITY AND THAT FAILURE TO
23 COOPERATE WILL RESULT IN THE IMPOSITION OF PROTECTIVE PAYMENTS
24 FOR ANY CHILD IN WHOSE BEHALF THE CARETAKER RELATIVE SEEKS
25 ASSISTANCE.
26 (2) IF A CARETAKER RELATIVE FAILS TO COOPERATE WITH THE
27 DEPARTMENT AS SET FORTH IN SUBSECTION (A) OF SECTION 432.7,
28 UNLESS THE FAILURE TO COOPERATE WAS FOR GOOD CAUSE AS DETERMINED
29 BY THE DEPARTMENT, THE DEPARTMENT SHALL NOTIFY THE CARETAKER
30 RELATIVE VERBALLY AND IN WRITING THAT COOPERATION SHALL BE
19790H2044B4011 - 11 -
1 REQUIRED AS A CONDITION FOR CONTINUING ELIGIBILITY AND SHALL
2 FURTHER INFORM THE CARETAKER RELATIVE THAT IF HE OR SHE FAILS TO
3 COOPERATE PROTECTIVE PAYMENTS WILL BE IMPOSED.
4 (3) IF THE CARETAKER RELATIVE FAILS TO COOPERATE, UNLESS THE
5 FAILURE TO COOPERATE WAS FOR GOOD CAUSE, THE DEPARTMENT SHALL
6 NOTIFY THE CARETAKER RELATIVE IN WRITING THAT PROTECTIVE
7 PAYMENTS WILL BE IMPOSED FOR ANY CHILD SO AFFECTED TEN DAYS
8 AFTER THE DATE OF NOTICE. AT THE EXPIRATION OF THE TEN-DAY
9 PERIOD, THE DEPARTMENT SHALL IMPOSE PROTECTIVE PAYMENTS.
10 SECTION 7 8. SECTIONS 432.9(B) AND 432.11(A) OF THE ACT, <--
11 ADDED JULY 15, 1976 (P.L.993, NO.202), ARE AMENDED TO READ:
12 SECTION 432.9. CENTRAL REGISTRY.--* * *
13 (B) TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE
14 DEPARTMENT MAY REQUEST AND SHALL RECEIVE FROM ALL DEPARTMENTS,
15 BUREAUS, BOARDS OR OTHER AGENCIES OF THIS COMMONWEALTH, OR ANY
16 OF ITS POLITICAL SUBDIVISIONS, AND THE SAME ARE AUTHORIZED TO
17 PROVIDE, SUCH ASSISTANCE AND DATA [EXCEPT TAX RECORDS] AS WILL
18 ENABLE THE DEPARTMENT AND OTHER PUBLIC AGENCIES TO CARRY OUT
19 THEIR DUTIES TO LOCATE ABSENT PARENTS FOR THE SUPPORT OF THEIR
20 CHILDREN. THE DATA TO BE PROVIDED FROM TAX RECORDS SHALL BE
21 LIMITED, TO FULL NAME, RESIDENCE OR ADDRESS, NAME AND ADDRESS OF
22 EMPLOYER AND THE SOCIAL SECURITY ACCOUNT NUMBER OF THE ABSENT
23 PARENT. THE DEPARTMENT SHALL UTILIZE THE "PARENT LOCATOR
24 SERVICE" PURSUANT TO ESTABLISHMENT IN THE DEPARTMENT OF HEALTH,
25 EDUCATION AND WELFARE BY FILING IN ACCORDANCE WITH SECTION
26 653(B) OF THE SOCIAL SECURITY ACT.
27 * * *
28 SECTION 432.11. ACCESS TO STATE RECORDS.--(A) THE SECRETARY
29 OR HIS DESIGNEES IN WRITING SHALL HAVE ACCESS TO ALL RECORDS
30 [OTHER THAN TAX RECORDS], AND THE DEPARTMENT, IN COOPERATION
19790H2044B4011 - 12 -
1 WITH ALL OTHER DEPARTMENTS OF THE EXECUTIVE BRANCH, SHALL
2 ESTABLISH A SINGLE UNIFORM SYSTEM OF INFORMATION CLEARANCE AND
3 RETRIEVAL. INFORMATION COLLECTED AS A RESULT OF THE USE OF TAX
4 RECORDS SHALL BE LIMITED TO FULL NAME, RESIDENCE OR ADDRESS,
5 NAME AND ADDRESS OF EMPLOYER AND THE SOCIAL SECURITY ACCOUNT
6 NUMBER OF THE ABSENT PARENT.
7 * * *
8 SECTION 8 9. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
9 SECTION 432.19. VERIFICATION OF ELIGIBILITY.--THE DEPARTMENT
10 MAY ISSUE REGULATIONS REQUIRING THAT CERTAIN CONDITIONS OF
11 ELIGIBILITY FOR ASSISTANCE BE VERIFIED PRIOR TO AUTHORIZATION OF
12 ASSISTANCE OR DURING A REDETERMINATION OF A RECIPIENT'S
13 ELIGIBILITY. INITIAL AUTHORIZATION OF ASSISTANCE SHALL NOT BE
14 DELAYED MORE THAN FIFTEEN DAYS AFTER APPLICATION FOR PURPOSES OF
15 VERIFICATION OF ELIGIBILITY IF THE APPLICANT HAS COOPERATED IN
16 THE VERIFICATION ATTEMPT. EXCEPT WHEN PROHIBITED BY FEDERAL LAW,
17 IT SHALL BE A CONDITION OF ELIGIBILITY FOR ASSISTANCE THAT AN
18 APPLICANT OR RECIPIENT CONSENT TO THE DISCLOSURE OF INFORMATION
19 ABOUT THE AGE, RESIDENCE, CITIZENSHIP, EMPLOYMENT, APPLICATIONS
20 FOR EMPLOYMENT, INCOME AND RESOURCES OF THE APPLICANT OR
21 RECIPIENT WHICH IS IN THE POSSESSION OF THIRD PARTIES. SUCH
22 CONSENT SHALL BE EFFECTIVE TO EMPOWER ANY THIRD PARTY TO RELEASE
23 INFORMATION REQUESTED BY THE DEPARTMENT. EXCEPT IN CASES OF
24 SUSPECTED FRAUD, THE DEPARTMENT SHALL ATTEMPT TO NOTIFY THE
25 APPLICANT OR RECIPIENT PRIOR TO CONTACTING A THIRD PARTY FOR
26 INFORMATION ABOUT THAT APPLICANT OR RECIPIENT.
27 SECTION 438. DUTIES OF THE DEPARTMENT OF LABOR AND
28 INDUSTRY.--(A) THE DEPARTMENT OF LABOR AND INDUSTRY SHALL
29 ESTABLISH GOALS FOR AND COORDINATE ACTIVITIES OF ALL DEPARTMENTS
30 AND AGENCIES THAT HAVE AS THEIR PURPOSE JOB SEARCH, COUNSELLING,
19790H2044B4011 - 13 -
1 DEVELOPMENT, TRAINING AND PLACEMENT.
2 (B) THE DEPARTMENT OF LABOR AND INDUSTRY SHALL REVIEW AND
3 ASSESS ALL JOB TRAINING, COUNSELLING, EDUCATIONAL AND EMPLOYMENT
4 PROGRAMS AND REPORT ANNUALLY TO THE PUBLIC HEALTH AND WELFARE
5 COMMITTEE OF THE SENATE AND THE HEALTH AND WELFARE COMMITTEE OF
6 THE HOUSE OF REPRESENTATIVES AS TO THE RESULTS OF THE PROGRAMS.
7 THE REPORT SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING
8 INFORMATION:
9 (1) THE COST OF JOB PLACEMENT.
10 (2) THE NUMBER OF CASES IN EACH PROGRAM.
11 (3) THE TOTAL NUMBER OF JOB PLACEMENTS IN EACH PROGRAM.
12 (4) JOB PLACEMENT AS A PER CENT OF THE TOTAL CASES.
13 (5) THE PUBLIC ASSISTANCE EMPLOYABLES CASE LOAD.
14 (6) THE LENGTH OF TIME TO SECURE JOB PLACEMENT.
15 (7) THE LENGTH OF TIME EMPLOYED.
16 (8) THE NUMBER OF JOBS PER YEAR FOR EACH PERSON.
17 (9) EMPLOYER'S RESPONSE TO PUBLIC ASSISTANCE EMPLOYABLES.
18 (10) THE PERSONS OR AGENCIES RESPONSIBLE FOR OBTAINING JOB
19 PLACEMENTS.
20 (11) NUMBER OF BUSINESS FIRMS WHICH HIRED EMPLOYABLES AND
21 WHO CLAIMED A TAX CREDIT PURSUANT TO THE ACT OF NOVEMBER 29,
22 1967 (P.L.636, NO.292), KNOWN AS THE "NEIGHBORHOOD ASSISTANCE
23 ACT."
24 SECTION 9 10. SECTION 442.1 OF THE ACT, ADDED JULY 31, 1968 <--
25 (P.L.904, NO.273), IS AMENDED TO READ:
26 SECTION 442.1. THE MEDICALLY NEEDY; DETERMINATION OF
27 ELIGIBILITY.--A PERSON SHALL BE CONSIDERED MEDICALLY NEEDY IF
28 HE:
29 (1) RESIDES IN PENNSYLVANIA, REGARDLESS OF THE DURATION OF
30 HIS RESIDENCE OR HIS ABSENCE THEREFROM; AND
19790H2044B4011 - 14 -
1 (2) MEETS THE STANDARDS OF FINANCIAL ELIGIBILITY ESTABLISHED
2 BY THE DEPARTMENT WITH THE APPROVAL OF THE GOVERNOR. IN
3 ESTABLISHING THESE STANDARDS THE DEPARTMENT SHALL TAKE INTO
4 ACCOUNT (I) THE FUNDS CERTIFIED BY THE BUDGET SECRETARY AS
5 AVAILABLE FOR MEDICAL ASSISTANCE FOR THE MEDICALLY NEEDY; (II)
6 PERTINENT FEDERAL LEGISLATION AND REGULATIONS; AND (III) THE
7 COST OF LIVING. TRANSITIONALLY NEEDY PERSONS WHO ARE NOT
8 ELIGIBLE FOR CASH ASSISTANCE BY REASON OF SECTION 432(3)(III)
9 SHALL BE CONSIDERED MEDICALLY NEEDY.
10 SECTION 10 11. THE ACT IS AMENDED BY ADDING SECTIONS TO <--
11 READ:
12 SECTION 475. USE OF SAVINGS.--(A) THE DEPARTMENT SHALL
13 DETERMINE THE BASE YEAR EXPENDITURES FOR THE PURPOSE OF THIS
14 SECTION FOR GENERAL ASSISTANCE BY MULTIPLYING THE TOTAL COST OF
15 GENERAL ASSISTANCE CASH GRANTS FOR THE MONTHS OF JULY, AUGUST
16 AND SEPTEMBER OF 1980 BY FOUR. THE DEPARTMENT SHALL DETERMINE
17 THE FIRST YEAR EXPENDITURES FOR THE PURPOSE OF THIS SECTION FOR
18 GENERAL ASSISTANCE BY MULTIPLYING THE TOTAL COST OF GENERAL
19 ASSISTANCE CASH GRANTS FOR THE MONTHS OF JULY, AUGUST AND
20 SEPTEMBER OF 1981 BY FOUR. THE DEPARTMENT SHALL DETERMINE THE
21 SECOND YEAR EXPENDITURES FOR THE PURPOSE OF THIS SECTION FOR
22 GENERAL ASSISTANCE BY MULTIPLYING THE TOTAL COST OF GENERAL
23 ASSISTANCE CASH GRANTS FOR THE MONTHS OF JULY, AUGUST AND
24 SEPTEMBER OF 1982 BY FOUR.
25 (B) THE DEPARTMENT SHALL ESTABLISH THE FIRST YEAR SAVINGS
26 FOR THE PURPOSE OF THIS SECTION BY SUBTRACTING THE FIRST YEAR
27 GENERAL ASSISTANCE CASH GRANT COST FROM THE BASE YEAR GENERAL
28 ASSISTANCE CASH GRANT COST. THE DEPARTMENT SHALL ESTABLISH THE
29 SECOND YEAR SAVINGS FOR THE PURPOSE OF THIS SECTION BY
30 SUBTRACTING THE SECOND YEAR GENERAL ASSISTANCE CASH GRANT COST
19790H2044B4011 - 15 -
1 FROM THE FIRST YEAR GENERAL ASSISTANCE CASH GRANT COST.
2 (C) ON FEBRUARY 1, 1982 THE DEPARTMENT SHALL RAISE GENERAL
3 ASSISTANCE AND AID TO FAMILIES WITH DEPENDENT CHILDREN
4 ALLOWANCES SO THAT THE COST OF THE INCREASE IN STATE FUNDS FOR
5 THE PURPOSE OF THIS SECTION OVER THE TWELVE-MONTH PERIOD
6 BEGINNING ON THAT DATE SHALL BE EQUAL TO AT LEAST FIFTY PERCENT
7 OF THE FIRST YEAR SAVINGS. ON FEBRUARY 1, 1983, THE DEPARTMENT
8 SHALL FURTHER RAISE GENERAL ASSISTANCE AND AID TO FAMILIES WITH
9 DEPENDENT CHILDREN ALLOWANCES SO THAT THE COST OF THE FURTHER
10 INCREASE IN STATE FUNDS FOR THE PURPOSE OF THIS SECTION OVER THE
11 TWELVE-MONTH PERIOD BEGINNING ON THAT DATE SHALL BE EQUAL TO AT
12 LEAST FIFTY PERCENT OF THE SECOND YEAR SAVINGS. IN DETERMINING
13 THE COST OF THE INCREASES REQUIRED BY THIS SECTION THE
14 DEPARTMENT SHALL TAKE INTO CONSIDERATION EACH YEAR THE
15 LIKELIHOOD AND EXTENT OF FURTHER REDUCTIONS IN STATE FUND
16 EXPENDITURES DUE TO THE FURTHER REDUCTION IN THE GENERAL
17 ASSISTANCE CASELOAD. THAT PART OF THE FIRST AND SECOND YEAR
18 SAVINGS NOT USED FOR A GRANT INCREASE SHALL BE USED TO FUND
19 PROGRAMS DESIGNED TO PROVIDE JOBS AND JOB TRAINING FOR THE
20 TRANSITIONALLY NEEDY AND THE CHRONICALLY NEEDY.
21 SECTION 476. TAX CREDIT.--ANY BUSINESS FIRM AUTHORIZED TO DO <--
22 BUSINESS WITHIN THE COMMONWEALTH WHICH EMPLOYS A PERSON,
23 REGARDLESS OF RESIDENCY, WHO RECEIVED GENERAL ASSISTANCE FROM
24 THE COMMONWEALTH FOR A PERIOD OF AT LEAST SIX MONTHS IMMEDIATELY
25 PRECEDING HIS OR HER EMPLOYMENT, OR WHICH CONTRIBUTES TO
26 ORGANIZATIONS FOR PROVIDING JOB TRAINING, EDUCATION OR LONG-TERM
27 EMPLOYMENT OF PERSONS REGISTERED UNDER SECTION 405.1 IS ELIGIBLE
28 TO RECEIVE A TAX CREDIT AS PROVIDED IN THE ACT OF NOVEMBER 29,
29 1967 (P.L.636, NO.292), KNOWN AS THE "NEIGHBORHOOD ASSISTANCE
30 ACT," IN AN AMOUNT WHICH SHALL NOT EXCEED FIFTY PERCENT OF THE
19790H2044B4011 - 16 -
1 COMPENSATION PAID DURING THE TAXABLE YEAR TO SUCH EMPLOYE. THE
2 BUSINESS FIRM SEEKING A TAX CREDIT UNDER THIS SECTION IS
3 ENTITLED TO THE TAX CREDIT ONLY FOR WAGES PAID TO SUCH EMPLOYE
4 FOR THE FIRST TWELVE MONTHS OF EMPLOYMENT, AND SUCH EMPLOYE MUST
5 BE EMPLOYED BY THE BUSINESS FIRM FOR AT LEAST TWELVE CONSECUTIVE
6 MONTHS.
7 SECTION 476. TAX CREDIT.--(A) THE DEPARTMENT OF REVENUE <--
8 SHALL GRANT A TAX CREDIT, IN THE AMOUNT AS PROVIDED HEREIN,
9 AGAINST ANY TAX DUE UNDER ARTICLE IV OF THE ACT OF MARCH 4, 1971
10 (P.L.6, NO.2), KNOWN AS THE "TAX REFORM CODE OF 1971,"
11 COMMENCING WITH TAX YEAR 1981.
12 (B) THIS CREDIT SHALL BE AN AMOUNT EQUAL TO THIRTY PERCENT
13 OF FIRST YEAR WAGES OR SALARY PAID TO ANY EMPLOYE OF THE
14 TAXPAYER WHO, AT THE TIME OF EMPLOYMENT, WAS A RECIPIENT OF
15 GENERAL ASSISTANCE UNDER THIS ACT.
16 (C) THIS CREDIT SHALL BE TAKEN ONLY ONCE IN REGARD TO ANY
17 INDIVIDUAL EMPLOYE, BUT MAY BE TAKEN FOR ANY TAX YEAR UP TO FIVE
18 YEARS FROM THE DATE OF EMPLOYMENT OF THE EMPLOYE.
19 (D) THE TOTAL TAX CREDIT FOR ANY INDIVIDUAL EMPLOYE SHALL
20 NOT EXCEED THREE THOUSAND DOLLARS ($3,000).
21 (E) NO TAX CREDIT SHALL BE ALLOWED UNLESS THE EMPLOYE
22 REPRESENTS AN ADDITION TO THE EMPLOYER'S PENNSYLVANIA BASE LEVEL
23 WORK FORCE, WHICH IS DEFINED AS THE AVERAGE NUMBER OF EMPLOYES
24 LOCATED IN PENNSYLVANIA FOR WHICH FEDERAL UNEMPLOYMENT TAX WAS
25 PAID BY THE EMPLOYER DURING THE TAX YEAR IMMEDIATELY PRIOR TO
26 THE YEAR OF EMPLOYMENT, OR REPRESENTS A REPLACEMENT IN THE
27 PENNSYLVANIA BASE LEVEL WORK FORCE OF THAT EMPLOYER IF A
28 PREVIOUS EMPLOYE LEFT HIS OR HER POSITION VOLUNTARILY.
29 (F) IF AN EMPLOYER REDUCES HIS DEDUCTION FOR WAGES AND
30 SALARIES AS REQUIRED BY SECTION 208C OF THE INTERNAL REVENUE
19790H2044B4011 - 17 -
1 CODE AS A RESULT OF THE EMPLOYER TAKING A CREDIT FOR "NEW JOBS"
2 PURSUANT TO SECTION 44B OF THE INTERNAL REVENUE CODE, THE
3 EMPLOYER CAN ALSO TAKE A CREDIT UNDER THIS SECTION, PROVIDED
4 THAT THE TOTAL CREDITS OR DEDUCTIONS AGAINST FEDERAL AND STATE
5 CORPORATE TAXES FOR AN INDIVIDUAL EMPLOYE WHO QUALIFIES UNDER
6 SUBSECTION (B) OF THIS SECTION DOES NOT EXCEED FIFTY PERCENT OF
7 THE WAGES PAID TO THE EMPLOYE OR FIVE THOUSAND DOLLARS ($5,000),
8 WHICHEVER IS LESS. IF AN EMPLOYER TAKES A "NEW JOBS" CREDIT
9 PURSUANT TO SECTION 44B OF THE INTERNAL REVENUE CODE AND A
10 CREDIT UNDER THIS SECTION FOR AN INDIVIDUAL EMPLOYE, THE MAXIMUM
11 CREDIT AGAINST THE EMPLOYER'S CORPORATE NET INCOME TAX IS THREE
12 THOUSAND DOLLARS ($3,000) PER INDIVIDUAL EMPLOYE.
13 (G) THE DEPARTMENT OF REVENUE SHALL ADMINISTER THE
14 PROVISIONS OF THIS SECTION, PROMULGATE APPROPRIATE RULES,
15 REGULATIONS AND FORMS FOR THAT PURPOSE, AND MAKE SUCH
16 DETERMINATIONS AS MAY BE REQUIRED. DETERMINATIONS MADE WITH
17 RESPECT TO THE TAX CREDIT HEREIN PROVIDED MAY BE REVIEWED AND
18 APPEALED IN THE MANNER PROVIDED BY LAW FOR OTHER CORPORATE NET
19 INCOME TAX CREDITS.
20 (H) THE SECRETARY OF REVENUE SHALL DETERMINE FROM TIME TO
21 TIME THE TOTAL TAX CREDITS FOR WHICH APPLICATION HAS BEEN MADE
22 IN ANY YEAR. SHOULD IT APPEAR THAT THE LIMITATION SET FORTH IN
23 SUBSECTION (J) OF THIS SECTION FOR THAT YEAR HAS BEEN OR
24 IMMINENTLY WILL BE EXCEEDED, THE SECRETARY SHALL SO CERTIFY, AND
25 UPON PUBLICATION OF SUCH CERTIFICATION IN THE MANNER PROVIDED IN
26 THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
27 COMMONWEALTH DOCUMENTS LAW, THE PROVISIONS OF THIS SECTION SHALL
28 BE DEEMED SUSPENDED AS TO ALL FURTHER APPLICATIONS DURING THE
29 BALANCE OF THE YEAR IN QUESTION.
30 (I) NO CREDIT SHALL BE ALLOWED UNLESS THE EMPLOYE HAS BEEN
19790H2044B4011 - 18 -
1 RETAINED BY THE EMPLOYER FOR AT LEAST ONE YEAR PRIOR TO THE
2 CLAIM FOR CREDIT. IF THE EMPLOYE LEAVES HIS POSITION VOLUNTARILY
3 IN LESS THAN ONE YEAR, THE THIRTY PERCENT CREDIT SHALL APPLY
4 ONLY TO THE WAGES PAID UP TO TIME THE EMPLOYE VOLUNTARILY LEAVES
5 HIS POSITION.
6 (J) THIS SECTION SHALL APPLY TO EMPLOYES HIRED ON OR AFTER
7 JANUARY 1, 1981 AND THE TAX CREDITS SHALL BE APPLICABLE TO TAX
8 YEARS COMMENCING JANUARY 1, 1982. THE TOTAL TAX CREDITS GRANTED
9 UNDER THIS SECTION SHALL NOT EXCEED FIVE MILLION DOLLARS
10 ($5,000,000) FOR EMPLOYES HIRED DURING THE TWELVE-MONTH PERIOD
11 BEGINNING JANUARY 1, 1981, AND SHALL NOT EXCEED SEVEN MILLION
12 FIVE HUNDRED THOUSAND DOLLARS ($7,500,000) FOR EMPLOYES HIRED
13 DURING THE TWELVE-MONTH PERIOD BEGINNING JANUARY 1, 1982 AND
14 SHALL NOT EXCEED TEN MILLION DOLLARS ($10,000,000) FOR EMPLOYES
15 HIRED DURING THE TWELVE-MONTH PERIOD BEGINNING JANUARY 1, 1983.
16 NO TAX CREDITS SHALL BE GRANTED UNDER THIS SECTION FOR EMPLOYES
17 HIRED AFTER DECEMBER 31, 1983.
18 SECTION 709. REIMBURSEMENT TO COUNTIES.--(A) REIMBURSEMENT
19 FOR CHILD WELFARE SERVICES MADE PURSUANT TO SECTION 704.1 SHALL
20 NOT EXCEED THE STATE FUNDS APPROPRIATED EACH FISCAL YEAR.
21 (B) COMMENCING NO LATER THAN JULY 1, 1981 THE COUNTY
22 INSTITUTION DISTRICTS OR THEIR SUCCESSORS SHALL BE REIMBURSED IN
23 ACCORDANCE WITH THEIR FISCAL YEAR PLANS AS APPROVED BY THE
24 DEPARTMENT.
25 (C) THE DEPARTMENT SHALL, BY REGULATION, DEFINE ALLOWABLE
26 COSTS FOR AUTHORIZED CHILD WELFARE SERVICES AND SHALL NOT
27 APPROVE FOR REIMBURSEMENT PLANS IN THE AGGREGATE WHOSE COSTS ARE
28 IN EXCESS OF THE AMOUNT APPROPRIATED BY THE GENERAL ASSEMBLY.
29 LEGISLATIVE OVERSIGHT SHALL BE REQUIRED IN THE FORM OF AN ANNUAL
30 REPORT TO THE LEGISLATURE FROM THE DEPARTMENT INDICATING, BUT
19790H2044B4011 - 19 -
1 NOT LIMITED TO, SHOWING THE AMOUNTS PAID TO EACH COUNTY FOR EACH
2 FISCAL YEAR, THE SOURCE OF FUNDS, THE TIMELINESS OF PAYMENTS AND
3 THE EXTENT TO WHICH FUNDS WERE NOT AVAILABLE TO MEET ALLOWABLE
4 AND AUTHORIZED COSTS.
5 SECTION 11 12. THE DEPARTMENT SHALL CARRY OUT OR FUND AN <--
6 EVALUATION OF THE ECONOMIC AND SOCIAL IMPACT OF THE AMENDMENTS
7 TO SECTION 432 OF THE PUBLIC WELFARE CODE EFFECTED BY THIS ACT
8 AND PROVIDE THAT EVALUATION TO THE GENERAL ASSEMBLY BY JULY 1,
9 1982.
10 SECTION 12 13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW <--
11 EXCEPT AS EXPRESSLY PROHIBITED BY FEDERAL LAW AS APPLIED TO ANY
12 PARTICULAR INDIVIDUAL, ALL COMPREHENSIVE EMPLOYMENT AND TRAINING
13 ACT PROGRAMS SHALL GIVE FIRST PRIORITY TO THE TRANSITIONALLY
14 NEEDY AND THE CHRONICALLY NEEDY.
15 SECTION 14. THE SUM OF $28,000,000 IS HEREBY SPECIFICALLY <--
16 APPROPRIATED TO THE DEPARTMENT OF PUBLIC WELFARE FOR THE 1980-
17 1981 FISCAL YEAR FOR PAYMENT TO COUNTIES FOR CHILD WELFARE
18 PROGRAMS AND FOR THE CARE OF DELINQUENT AND DEPRIVED CHILDREN
19 COMMITTED BY THE COURTS TO A PRIVATE OR PUBLIC FACILITY. THE
20 MONEYS APPROPRIATED BY THIS SECTION SHALL BE IN ADDITION TO
21 THOSE MONEYS APPROPRIATED BY THE ACT OF JUNE 18, 1980 (NO.17A),
22 KNOWN AS THE "GENERAL APPROPRIATION ACT OF 1980." REIMBURSEMENT
23 FOR CHILD WELFARE SERVICES MADE PURSUANT TO SECTION 704.1 OF THE
24 ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE "PUBLIC
25 WELFARE CODE," SHALL NOT EXCEED THE AMOUNT OF STATE FUNDS
26 APPROPRIATED.
27 SECTION 13 14 15. (A) THE AMENDMENTS TO SECTIONS 432 AND <--
28 432.3 SHALL BECOME EFFECTIVE FEBRUARY 1, 1981.
29 (B) SECTION 405.2 OF THIS ACT SHALL TAKE EFFECT FEBRUARY 1, <--
30 1981.
19790H2044B4011 - 20 -
1 (C) SECTION 14 OF THIS AMENDATORY ACT SHALL TAKE EFFECT
2 IMMEDIATELY.
3 (B) (D) ALL OTHER PROVISIONS OF THIS ACT SHALL BECOME <--
4 EFFECTIVE JULY 1, 1981.
K21L63RLC/19790H2044B4011 - 21 -