PRIOR PRINTER'S NO. 1370

PRINTER'S NO.  1537

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1251

Session of

2011

  

  

INTRODUCED BY TOOHIL, ADOLPH, AUMENT, BAKER, BARRAR, BEAR, BENNINGHOFF, BOBACK, BOYD, CAUSER, CHRISTIANA, CLYMER, D. COSTA, COX, CREIGHTON, CUTLER, DALEY, DAY, DeLUCA, DENLINGER, EVANKOVICH, J. EVANS, EVERETT, GABLER, GEIST, GILLEN, GINGRICH, GOODMAN, GRELL, GROVE, HARHAI, HARHART, HARRIS, HEFFLEY, HESS, HICKERNELL, KAUFFMAN, M. K. KELLER, KNOWLES, KRIEGER, MAJOR, MARSHALL, MARSICO, MASSER, METCALFE, METZGAR, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MURT, MUSTIO, OBERLANDER, PERRY, PICKETT, PYLE, QUIGLEY, READSHAW, REED, REESE, REICHLEY, ROAE, ROCK, SACCONE, SAYLOR, SCAVELLO, SCHRODER, SIMMONS, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, VEREB, VULAKOVICH, WATSON, FARRY, DELOZIER, RAPP, MALONEY, KORTZ, BARBIN, CALTAGIRONE AND GILLESPIE, MARCH 31, 2011

  

  

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 12, 2011   

  

  

  

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," adding definitions; and

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further providing for false statements, investigations and

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penalty and for reporting fraud.

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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 402 of the act of June 13, 1967 (P.L.31,

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No.21), known as the Public Welfare Code, is amended by adding

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definitions to read:

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Section 402.  Definitions.--As used in this article, unless

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the content clearly indicates otherwise:

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"Access device."  The Pennsylvania ACCESS Card or electronic

 


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benefit transfer card.

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* * *

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"Authorization card."  The paper authorization to participate

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that an individual signs and then exchanges for a designated

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amount of food stamps or benefits.

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* * *

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Section 2.  Section 481 of the act, amended May 16, 1996

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(P.L.175, No.35), is amended to read:

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Section 481.  False Statements; Investigations; Penalty.--(a)

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Any person who, either prior to, or at the time of, or

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subsequent to the application for assistance[, by means of a

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wilfully false] or the filing of an authorization card,

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knowingly makes a false or misleading statement or

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misrepresentation, or by impersonation or by [wilfully]

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knowingly failing to disclose a material fact regarding

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eligibility or other fraudulent means, secures, or attempts to

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secure, or aids or abets or attempts to aid or abet any person

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in securing assistance, an access device or Federal food stamps,

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or violates 18 Pa.C.S. § 7313 (relating to buying or exchanging

<--

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Federal food order coupons, stamps, authorization cards or

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access devices), commits a crime which shall be graded as

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provided in subsection (b).

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(b) Any person violating subsection (a) commits the grade of

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crime determined from the following schedule:

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Amount of Assistance

or Food Stamps

  

Degree of Crime

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[$3,000 or more

  

Felony of the third degree

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$1,500 to $2,999

  

Misdemeanor of the first degree

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$1,000 to $1,499

  

Misdemeanor of the second degree

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$  999 and under, or  

  

  

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an attempt to commit

any act prohibited in

subsection (a)

  

  

Misdemeanor of the third degree]

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$1,000 or more

  

Felony of the third degree

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$999 and under, or an

attempt to commit any

act prohibited in

subsection (a)

  

  

  

  

Misdemeanor of the first degree

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[Pursuant to 42 Pa.C.S. § 1515(a)(7) (relating to jurisdiction

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and venue), jurisdiction over cases graded a misdemeanor of the

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third degree under this section shall be vested in district

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justices.]

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(c)  Any person committing a crime enumerated in subsection

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(a) shall be ordered to pay restitution of any moneys received

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by reason of any false or misleading statement,

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misrepresentation, impersonation, failure to disclose required

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information or fraudulent means. Restitution ordered under this

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subsection may be paid in a lump sum, by monthly installments or

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according to such other schedule as is deemed just by the

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sentencing court. Notwithstanding the provisions of 18 Pa.C.S. §

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1106(c)(2) (relating to restitution for injuries to person or

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property) to the contrary, the period of time during which the

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offender is ordered to make restitution may exceed the maximum

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term of imprisonment to which the offender could have been

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sentenced for the crime of which that person was convicted, if

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the sentencing court determines such period to be reasonable and

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in the interests of justice.

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(d)  There shall be a four-year statute of limitations on all

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crimes enumerated in subsection (a).

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(e)  The [Treasury Department] Inspector General's Office 

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shall have the power to investigate and prosecute any case

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involving replacement of or duplicate receipt of or altered

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assistance checks or access devices and shall have the power to

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collect any funds as a result of such investigations and

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prosecution. For purposes of this section those employes of the

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[Treasury Department] Inspector General's Office as are

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designated "investigators" are given the power and authority to

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subpoena any document for review or audit and may question and

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subpoena any person believed to have any knowledge in such

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cases. The [Treasury Department] Inspector General's Office 

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shall make such rules and regulations as may be necessary to

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carry out the provisions of this section.

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(f)  An applicant for or recipient of [aid to families with

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dependent children] temporary assistance for needy families or

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general assistance convicted of any offense pursuant to

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subsection (a) shall be ineligible to receive cash assistance

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for a period of six months from the date of a first conviction,

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for a period of twelve months from the date of a second

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conviction and permanently from the date of a third conviction.

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Section 3.  Section 1417(b) of the act, added December 17,

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2009 (P.L.598, No.54), is amended to read:

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Section 1417.  Fraud Reporting to Inspector General.--* * *

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(b)  The county assistance employe making a report in good

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faith shall [not be subject to any sanctions for making a fraud

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report.] be provided:

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(1)  Whistleblower status as provided under the act of

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December 12, 1986 (P.L.1559, No.169), known as the

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"Whistleblower Law."

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(2)  Immunity from civil or criminal liability for the

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reporting of suspected fraud.

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Section 4.  This act shall take effect in 60 days.

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