PRIOR PRINTER'S NO. 1314
PRINTER'S NO. 1694
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1038
Session of
2015
INTRODUCED BY REESE, BAKER, BARRAR, BLOOM, CAUSER, COHEN,
D. COSTA, CUTLER, DAY, DEASY, DIAMOND, DUNBAR, FEE, GABLER,
GIBBONS, GILLEN, GOODMAN, GREINER, GRELL, GROVE, HAHN,
A. HARRIS, HICKERNELL, PHILLIPS-HILL, IRVIN, JOZWIAK,
KAUFFMAN, M. K. KELLER, KNOWLES, LAWRENCE, MACKENZIE,
MARSHALL, MASSER, McNEILL, METCALFE, METZGAR, MILLARD, MURT,
PEIFER, PICKETT, SACCONE, SANKEY, SAYLOR, STAATS, STEPHENS,
TOEPEL, WARD, WARNER, ZIMMERMAN, TOOHIL, BENNINGHOFF, MOUL,
KLUNK, KRIEGER, KORTZ, BOBACK, WATSON, MILNE, B. MILLER,
FARRY, MICCARELLI AND DUSH, APRIL 20, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 2, 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 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. Section 484 of the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code, added December 17,
2009 (P.L.598, No.54), is amended to read:
Section 484. Prohibited Use of Public Assistance Funds.--(a)
It shall be unlawful for any individual to [PURCHASE]:
(1) Purchase 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
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administered by the [Department of Public Welfare] department or
a debit card issued to convey support payment moneys.
(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) Withdrawal of funds.-- 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, use 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 2. Section 488 of the act, amended July 15, 1976,
(P.L.993, No.202), is amended to read:
Section 488. Violation; Penalty.--(a) Any bank, industrial
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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
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 of this act commits a misdemeanor and shall, upon
conviction, be sentenced to pay a fine not exceeding one
thousand dollars ($1000).
Section 3. This act shall take effect in 60 days.
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