A02763
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
847
Session of
2019
INTRODUCED BY WALSH, RYAN, DUNBAR, MURT, METZGAR, TOEPEL,
ROTHMAN, KAUFFMAN, B. MILLER, IRVIN, MILLARD, PICKETT,
ZIMMERMAN, DeLUCA, BERNSTINE, PYLE, STRUZZI, SAYLOR, NEILSON,
CIRESI, WARNER, OBERLANDER, KEEFER, GROVE, JONES, HERSHEY,
DOWLING, SIMMONS, MASSER, GILLEN AND SCHLEGEL CULVER,
MARCH 14, 2019
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, JUNE 4, 2019
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 484(a), (b) and (c) of the act of June
13, 1967 (P.L.31, No.21), known as the Human Services Code,
amended October 24, 2018 (P.L.777, No.125), are amended and the
section is amended by adding a subsection to read:
SECTION 1. SECTION 484(A) OF THE ACT OF JUNE 13, 1967
(P.L.31, NO.21), KNOWN AS THE HUMAN SERVICES CODE, AMENDED
OCTOBER 24, 2018 (P.L.777, NO.125), IS AMENDED AND THE SECTION
IS AMENDED BY ADDING A SUBSECTION subsections TO READ:
Section 484. Prohibited Use of Public Assistance Funds.--(a)
It shall be unlawful for any individual to:
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(1) Purchase liquor or alcohol with an access device.
(2) Withdraw funds from an access device for any transaction
in a licensed facility or any retail establishment that provides
adult-oriented entertainment in which performers disrobe or
perform in an unclothed state for entertainment.
(3) Purchase tobacco or tobacco paraphernalia with an access
device.
(b) It shall be unlawful for a licensed gaming entity or an
entity licensed by the Pennsylvania Liquor Control Board to
allow for the withdrawal of funds from an access device 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.
* * *
(c.1) 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 an access device
which relate to child support or the State blind pension.
(c.2) No penalty shall be assessed against an individual,
and the department may not disqualify an individual from
receiving public assistance under this section, unless the
department clearly demonstrates the following:
(1) The source of the funds withdrawn for a purpose
proscribed in this section is public assistance.
(2) The department has informed the individual about the
provisions of this section.
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(3) The individual has knowingly violated a provision of
this section.
* * *
Section 2. This act shall take effect in 60 days.
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