PRINTER'S NO. 2509
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1834
Session of
2017
INTRODUCED BY REESE, BENNINGHOFF, BERNSTINE, CAUSER, COX,
DeLUCA, DUNBAR, ENGLISH, FARRY, FEE, GABLER, GILLEN,
GILLESPIE, GREINER, GROVE, HAHN, A. HARRIS, HICKERNELL,
PHILLIPS-HILL, KAUFER, KAUFFMAN, MACKENZIE, MARSHALL,
METZGAR, MILLARD, B. MILLER, MILNE, MULLERY, O'NEILL,
SACCONE, SANKEY, SAYLOR, TALLMAN, WARD, WARNER, WATSON AND
ZIMMERMAN, OCTOBER 2, 2017
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 2, 2017
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 prohibited use of public assistance
funds and for violation and penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 484 and 488 of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code, are amended
to read:
Section 484. Prohibited Use of Public Assistance Funds.--(a)
It shall be unlawful for any individual to [purchase]:
(1) Purchase liquor or alcohol with a gift certificate or a
gift card which is in the form of an electronic benefits card
issued to convey public assistance benefits administered by the
[Department of Public Welfare] department or a debit card issued
to convey support payment moneys.
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(2) Purchase tobacco or tobacco paraphernalia with an
electronic benefits transfer card issued to convey public
assistance benefits administered by the department.
(3) Access funds on an electronic benefits transfer card
issued to convey public assistance benefits administered by the
department in any transaction in a casino, a gaming
establishment or any retail establishment that provides adult-
oriented entertainment in which performers disrobe or perform in
an unclothed state for entertainment.
(b) It shall be unlawful for an entity licensed by the
Pennsylvania Gaming Control Board or the Pennsylvania Liquor
Control Board to allow for the withdrawal of funds or, through a
point of sale transaction, to allow the use of public assistance
benefits administered by the department.
(c) The Pennsylvania Gaming Control Board and the
Pennsylvania Liquor Control Board, in consultation with the
department, shall take appropriate measures to prevent the use
of public assistance funds for the purposes proscribed in this
section.
(d) Notwithstanding the prohibitions on the use of public
assistance funds in this section, this section shall not be
construed to apply to funds deposited onto the electronic
benefits transfer card which relate to child support or the
State blind pension.
Section 488. Violation; Penalty.--(a) Any bank, industrial
bank, credit union, trust company, bank and trust company,
private banker, building and loan association, or other
financial institution doing business in Pennsylvania, or
employer who or which willfully violates the provisions of
section 487 of this act, or who or which willfully makes any
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false or misleading statement in connection with any disclosure
required by said section, shall be guilty of a misdemeanor, and
upon conviction thereof, shall be sentenced to pay a fine not
exceeding one thousand dollars ($1000).
(b) Any retailer who willfully violates the provisions of
section 484 commits a misdemeanor and shall, upon conviction, be
sentenced to pay a fine not exceeding one thousand dollars
($1000).
Section 2. This act shall take effect in 60 days.
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