PRINTER'S NO.  4295

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2718

Session of

2012

  

  

INTRODUCED BY SWANGER, CALTAGIRONE, GILLEN, GILLESPIE, HARRIS AND TOBASH, OCTOBER 17, 2012

  

  

REFERRED TO COMMITTEE ON HUMAN SERVICES, OCTOBER 17, 2012  

  

  

  

AN ACT

  

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Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

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act to consolidate, editorially revise, and codify the public

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welfare laws of the Commonwealth," providing for eligibility

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and determination of need related to recipients of temporary

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assistance to needy families.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 432.12 of the act of June 13, 1967

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(P.L.31, No.21), known as the Public Welfare Code, is amended by

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adding subsections to read:

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Section 432.12.  Determination of Need.--* * *

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(d)  In determining the amount of assistance payments to a

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recipient family of benefits under the Temporary Assistance to

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Needy Families (TANF) Program, the department shall revise the

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schedule of benefits to be paid to the recipient family by

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eliminating the increment in benefits under the program for

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which that family would otherwise be eligible as a result of the

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birth of a child conceived during the period in which the family

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is eligible for benefits under the TANF Program, or during a

 


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temporary period in which the family or recipient is ineligible

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for benefits under the TANF Program pursuant to a penalty

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imposed by the department for failure to comply with benefit

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eligibility requirements, subsequent to which the family or

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recipient is again eligible for benefits. The department shall

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provide instead that a recipient family in which the recipient

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parents an additional child conceived during the recipient's

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period of eligibility for benefits under the TANF Program, or

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during a temporary penalty period of ineligibility for benefits,

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may receive additional benefits only pursuant to subsection (e),

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except in the case of a general increase in the amount of

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benefits under the TANF Program which is provided to all program

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recipients and provide that any child support paid for the

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excluded child should be paid to the family for the benefit of

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the excluded child and should be disregarded in computing the

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amount of financial assistance which is available to the rest of

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the family.

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(e)  In the case of a family that receives benefits under the

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TANF Program in which the recipient parents an additional child

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conceived during the period in which the family is eligible for

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benefits under the TANF Program, or during a temporary penalty

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period of ineligibility for benefits subsequent to which the

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family of the recipient again becomes eligible for benefits, the

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department, subject to Federal approval, shall, in addition to

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eliminating the increase in the benefit as provided in

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subsection (d), provide that in computing the amount of

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financial assistance which is available to the family that

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receives benefits under the TANF Program, the monthly earned

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income disregard for each employed person in the family shall

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increase by an amount equal to that which the family would have

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otherwise received by parenting an additional child, adjusted

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for family size.

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(f)  Elimination of benefits under subsection (d) shall not

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apply to any child conceived as a result of rape or incest if

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the department:

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(1)  receives a non-notarized, signed statement from the

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pregnant woman stating that she was a victim of rape or incest,

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as the case may be, and that she reported the crime, including

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the identity of the offender, if known, to a law enforcement

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agency having the requisite jurisdiction or, in the case of

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incest where a pregnant minor is the victim, to the county child

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protective service agency and stating the name of the law

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enforcement agency or child protective service agency to which

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the report was made and the date such report was made;

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(2)  receives the signed statement of the pregnant woman

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which is described in this subsection. The statement shall bear

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the notice that any false statements made therein are punishable

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by law and shall state that the pregnant woman is aware that

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false reports to law enforcement authorities are punishable by

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law; and

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(3)  verifies with the law enforcement agency or child

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protective service agency named in the statement of the pregnant

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woman whether a report of rape or incest was filed with the

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agency in accordance with the statement. The Commonwealth agency

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shall report any evidence of false statements or of fraud in the

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procurement or attempted procurement of any payment from Federal

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or State funds appropriated by the Commonwealth pursuant to this

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subsection to the district attorney of appropriate jurisdiction

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and, where appropriate, to the Attorney General.

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Section 2.  This act shall take effect in 60 days.

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