1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," in public assistance,
4further providing for eligibility for persons with drug-
5related felonies.

6WHEREAS, The General Assembly has the responsibility to
7prevent and deter the misuse of taxpayer-funded welfare
8benefits, an issue uniquely within the purview of the General
9Assembly as the body most representative of the people of this
10Commonwealth; and

11WHEREAS, A person's participation in welfare programs is
12optional and conditioned on accepting the terms set by the
13General Assembly; and

14WHEREAS, No one has a right or legal claim to taxpayer-funded
15welfare benefits; and

16WHEREAS, Welfare must be a temporary bridge to help citizens
17join the workforce and achieve self-sufficiency; and

1WHEREAS, The participation in the illegal drug trade is a
2substantial barrier to a welfare recipient returning to the work
3force; and

4WHEREAS, The General Assembly finds and declares that the
5intent of this legislation is:

6(1) To ensure taxpayer-funded welfare benefits are not
7used to purchase illicit drugs.

8(2) To reduce the illegal drug trade, which causes
9substantial damage to the social, moral and financial fabric
10of this Commonwealth.

11(3) To discourage the use of illicit drugs.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 432.24 of the act of June 13, 1967
15(P.L.31, No.21), known as the Public Welfare Code, added June
1630, 2011 (P.L.89, No.22), is amended to read:

17Section 432.24. [Eligibility for Persons with Drug-related
18Felonies] Screening for Illegal Drug Use.--(a) To the extent
19permitted by Federal law, [a person who is otherwise eligible to
20receive public assistance shall not be denied assistance solely
21because he has been convicted of a felony drug offense,
22provided:

23(1) He is complying with or has already complied with the
24obligations imposed by the criminal court.

25(2) He is actively engaged in or has completed a court-
26ordered substance abuse treatment program and participates in
27periodic drug screenings for five years after the drug-related
28conviction or for the duration of probation, whichever is of
29longer duration] the department shall develop and implement a 
30drug test and drug retest program to screen applicants for and 

1recipients of public assistance. Each applicant or recipient 
2eighteen years of age or older and less than sixty-five years of 
3age must meet the requirements of this section as a condition 
4for receiving public assistance.

5(b) Under the screening for the drug test and retest program
6the department shall:

7(1) Require a recipient be scheduled to be tested [if he has
8either a felony conviction for a drug offense which occurred
9within five years or a felony conviction for a drug offense for
10which he is presently on probation] subject to the following
11conditions:

12(i) An individual who is applying for public assistance is
13required to be tested and shall be tested at the time the
14application for public assistance is made.

15(ii) A recipient already receiving public assistance as of
16the effective date of this section shall be scheduled to be
17tested in accordance with paragraph (2).

18(2) Develop and implement a system for randomly testing no
19less than twenty percent of the individuals receiving public
20assistance benefits during each six-month period following the
21effective date of this section who are subject to testing for
22the presence of illegal drugs under this section.

23(3) Deny public assistance to an individual who refuses to
24take the drug test or the drug retest required by this section
25and terminate the public assistance benefits for anyone who
26refuses to submit to the random drug test required by this
27section.

28(c) An individual who takes the drug test or retest and
29fails it shall be subject to the following sanctions:

30(1) For failing a drug test or retest the first time[, an 

1individual shall be provided an assessment for addiction and 
2provided treatment for addiction as indicated by treatment 
3criteria developed by the Single State Authority on Drugs and 
4Alcohol. Assessments shall be conducted by the Single County 
5Authority (SCA) on Drugs and Alcohol or a designee. Treatment 
6recommended shall be provided by facilities licensed by the 
7Division of Drug and Alcohol Program Licensure in the Department 
8of Health. Medicaid eligibility and determinations shall be 
9expedited to ensure access to assessment and addiction treatment 
10through Medicaid. If the individual cooperates with the 
11assessment and treatment, no penalty will be imposed. If the 
12individual refuses to cooperate with the assessment and 
13treatment,] the public assistance shall be suspended for six 
14months. The department must notify the individual of the failed 
15drug test no later than seven days after receipt of the drug 
16test results, and the suspension in public assistance will begin 
17on the next scheduled distribution of public assistance and for 
18every other distribution of public assistance until the 
19suspension period lapses. After suspension, an individual may 
20apply for public assistance, but shall submit to a retest.

21(2) For failing a drug test or retest the second time, the
22public assistance to which the individual is entitled shall be
23suspended for twelve months. The department must notify the
24individual of the failed drug test no later than seven days
25after receipt of the drug test results, and the suspension in
26public assistance shall begin on the next scheduled distribution
27of public assistance and for every other distribution of public
28assistance until the suspension period lapses. After suspension,
29an individual may then reapply for public assistance, but shall
30submit to a retest.

1(3) For failing a drug test or retest the third time, the
2individual shall no longer be entitled to public assistance.

3(c.1) During the time that an applicant or recipient is
4under a sanction under subsection (c), the department shall
5appoint a protective payee to receive public assistance on
6behalf of the children of the applicant or recipient.

7(c.2) The department shall keep all results of the drug test
8or retest confidential to all parties, including law
9enforcement, except as required by a subpoena or court order.

10(d) Nothing in this section shall be construed to render
11applicants or recipients who fail a drug test or drug retest
12ineligible for:

13(1) a Commonwealth program that pays the costs for
14participating in a drug treatment program;

15(2) a medical assistance program; or

16(3) another benefit not included within the definition of
17public assistance as defined under this act.

18[(e) Notwithstanding any other provision in this section,
19the department shall, in its sole discretion, determine when it
20is cost effective to implement the provisions of this section.

21(f) Within six months of the effective date of this section,
22the department shall submit a written report detailing the
23department's determination whether it is cost effective to
24implement the provisions of this section. Nothing in this
25section shall prohibit the department from implementation of
26this program prior to the issuance of the report. The report
27shall be submitted to the Governor, the General Assembly, the
28chairperson and minority chairperson of the Public Health and
29Welfare Committee of the Senate, the chairperson and minority
30chairperson of the Health Committee of the House of

1Representatives and the Inspector General.]

2(g) As used in this section, the following words and phrases
3shall have the meanings given to them in this subsection unless
4the context clearly indicates otherwise:

5["Drug offense" means an offense resulting in a conviction
6for the possession, use or distribution of a controlled
7substance, or conspiracy to commit the offense, whether the
8offense occurred in this Commonwealth or in another
9jurisdiction.]

10"Drug test" [means] and "drug retest" mean a urinalysis,
11blood test or another scientific study of an individual's body
12which has been conclusively found to detect the presence or
13prior use of an illegal drug or substance and for which the
14accuracy has been accepted in the scientific community.

15"Public assistance" means Temporary Assistance to Needy
16Families (TANF), Federal food stamps, general assistance and
17State supplemental assistance.

18Section 2. This act shall take effect in 60 days.