Regular Session 2015-2016 House Bill 1164 P.N. 1852

PRIOR PRINTER'S NOS. 1514, 1840

PRINTER'S NO. 1852

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1164

Session of

2015

INTRODUCED BY MURT, BLOOM, BAKER, BOBACK, V. BROWN, BROWNLEE,

COHEN, CUTLER, FEE, FREEMAN, GIBBONS, GOODMAN, GROVE, IRVIN,

KAUFER, KAUFFMAN, LONGIETTI, McGINNIS, McNEILL, B. MILLER,

MILNE, PASHINSKI, REED, ROSS, ROZZI, STEPHENS, TOOHIL,

TOPPER, WATSON, ZIMMERMAN, HARPER, SCHEMEL, DUSH, KORTZ,

WHEATLEY AND BARBIN, MAY 11, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 22, 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 copayments for subsidized child care;

AND ABROGATING A REGULATION.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 408.3 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 408.3. Copayments for Subsidized Child Care.--(a)

Notwithstanding any other provision of law or departmental

regulation, the parent or caretaker of a child enrolled in

subsidized child care shall pay a copayment for the subsidized

child care based on a percentage of the adjusted gross income of

the family as specified in a copayment schedule established by

the department pursuant to this section.

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(b) The department shall publish a notice setting forth the

copayment schedule in the Pennsylvania Bulletin.

section, all of the following shall apply:

(1) Copayments shall be based upon a [sliding income scale]

a percentage of income taking into account Federal poverty

income guidelines. Copayments shall be updated annually.

(2) At the department's discretion, copayments may be

imposed:

(i) for each child enrolled in subsidized child care;

(ii) based upon family size; or

(iii) in accordance with both subparagraphs (i) and (ii).

(3) Copayment amounts shall be a minimum of five dollars

($5) per week and [may] shall increase in incremental amounts,

based on a percentage of adjusted gross income of the family, as

determined by the department [taking into account annual family

income].

(4) A family's annual copayment under either paragraph (1)

or (2) shall not exceed:

(i) eight percent of the family's annual income if the

family's annual income is one hundred percent of the Federal

poverty income guideline or less; [or]

(ii) eleven percent of the family's annual income if the

family's annual income [exceeds] is between one hundred percent

of the Federal poverty income guideline[.] and , BUT IS NOT MORE

THAN two hundred and fifty percent of the Federal poverty income

guideline;

(iii) thirteen percent of the family's annual income if the

family's annual income is between EXCEEDS two hundred and fifty

percent of the Federal poverty income guideline and , BUT IS NOT

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MORE THAN two hundred and seventy-five percent of the Federal

poverty guideline; or

(iv) fifteen percent of the family's annual income if the

family's annual income is between EXCEEDS two hundred and

seventy-five percent of the Federal poverty income guideline

and , BUT IS NOT MORE THAN three hundred percent of the Federal

poverty income guideline. Notwithstanding this subsection,

beginning with State fiscal year 2012-2013, the department may

adjust the annual copayment percentages specified in this

subsection by promulgation of final-omitted regulations under

section 204 of the act of July 31, 1968 (P.L.769, No.240),

referred to as the "Commonwealth Documents Law."

(5) A family that exceeds the minimum work requirements as a

result of each parent, or in the case of a single parent

household by the sole parent, performing additional wage-earning

hours shall have a reduced copayment, so long as the reduction

does not reduce the weekly copayment below that which is set

under paragraph (3). This paragraph shall apply to a family that

ONLY TO A FAMILY THAT , AFTER MUTUALLY QUALIFYING FOR AND

RECEIVING SUBSIDIZED CHILD CARE, increases its average work week

after the effective date of this paragraph and has increased the

family's adjusted gross income as a result of working additional

wage-earning hours . The reduction shall be applied as follows:

(i) For an average work week of at least twenty-five wage-

earning hours per parent, three-quarters of one percent

reduction from the amount set under this subsection.

(ii) For an average work week of at least thirty wage-

earning hours per parent, a one and one-half percent reduction

from the amount set under this subsection.

(iii) For an average work week of at least thirty-five wage-

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earning hours per parent, two and one-quarter percent reduction

from the amount set under this subsection.

(iv) For an average work week of at least forty wage-earning

hours per parent, a three percent reduction from the amount set

under this subsection.

(6) A family that has qualified for a reduction in the child

care copayment shall provide documentation of its average work

week hours every twelve months to continue to receive the child

care copayment reduction.

(7) A family that has previously qualified for a reduction

in the child care copayment shall continue to remain eligible

for subsidized child care if the family:

(i) does not exceed three hundred percent of the Federal

poverty income guideline;

(ii) has been in compliance with the requirements under

paragraph (6);

(iii) continues to exceed the minimum work requirements by

performing additional wage-earning hours;

(iv) has increased the family's adjusted gross income as a

result of performing additional wage-earning hours; and

(v) is current and remains current with making its copayment

to the caretaker.

(8) The average work week of a family shall be calculated by

reviewing the family's income statements and taking the average

of the number of hours worked per parent over a twelve-month

period and dividing by fifty-two .

(d) Notwithstanding subsection (a), a parent or caretaker

copayment may be waived in accordance with department

regulations.

(e) As used in this section, "wage-earning hours" means

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hours for which an individual is financially compensated by an

employer. The term does not include hours spent volunteering, in

education or in job training, unless those hours are compensated

as a condition of employment.

SECTION 2. THE ELIGIBILITY LIMITATION OF 235% OF THE FEDERAL

POVERTY INCOME GUIDELINE UNDER 55 PA. CODE § 3041.41(B) AND (C)

IS ABROGATED INSOFAR AS IT IS INCONSISTENT WITH THE AMENDMENT OF

SECTION 408.3 OF THE ACT.

Section 2 3. This act shall take effect in 60 days.

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