PRINTER'S NO. 1344
No. 1167 Session of 1975
INTRODUCED BY BARBER, A. P. KELLY, OLIVER, LEDERER, VANN,
RIEGER, TOLL, JOHNSON, ROSS, GIAMMARCO AND RICHARDSON,
APRIL 29, 1975
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 29, 1975
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," adding a definition of
4 "local office" and further providing for powers of the
5 department as to public assistance, changing county boards to
6 advisory boards and redefining the powers and duties and
7 further defining public assistance administration at the
8 departmental and local levels.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 402, act of June 13, 1967 (P.L.31,
12 No.21), known as the "Public Welfare Code," is amended by adding
13 a definition to read:
14 Section 402. Definitions.--As used in this article:
15 * * *
16 "Local office" means county assistance office.
17 * * *
18 Section 2. Sections 403, 405, 406, 407, 409, the subdivision
19 heading (c) of Article IV, sections 415 and 416, the subdivision
20 heading (d) of Article IV, and sections 417, 418, 419, 420, 421,
1 422, 423, 424, 425, 426 and 427 of the act, are amended to read:
2 Section 403. Regulations as to Assistance.--The department
3 shall administer a State-wide system of assistance through local
4 offices and shall establish rules, regulations and standards,
5 consistent with the law, as to eligibility for assistance and as
6 to its nature and extent. Whenever a recipient of public
7 assistance, as a prerequisite to receiving assistance or
8 otherwise, has been required to encumber in favor of the
9 Commonwealth any property, or to give any bond, note or other
10 obligation in any sum to secure the repayment of moneys received
11 as assistance or for any other purposes, and such bonds, notes,
12 judgments, mortgages or other obligations are thereafter
13 assigned by the Commonwealth to any third party, the assignee
14 shall not be entitled to collect, and the person liable for the
15 payment of the lien or obligation shall not be liable for the
16 payment of, any amount greater than the amount the assignee paid
17 for the assignment, notwithstanding the face amount of such lien
18 or obligation. This provision shall not be effective as to the
19 collection of interest accruing after the date of the assignment
20 or costs of collection.
21 Section 405. Regulations as to Community Work and
22 Training.--The department shall establish rules, regulations and
23 standards, consistent with the Federal Social Security Act and
24 regulations issued thereunder, for administration by local
25 [boards] offices of community work and training programs for
26 employable recipients of assistance. The conditions applicable
27 to work performed by employable recipients of general assistance
28 shall be the same as those pertaining to recipients of
29 assistance for which Federal financial participation is
30 available to the Commonwealth, except that work required to be
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1 performed by recipients of general assistance may be work for a
2 public or nonprofit private agency. Any agency for which work is
3 performed under the provisions of this section shall reimburse
4 the persons performing such work for any additional expenses
5 reasonably attributable to such work, and for which provisions
6 are not made in the assistance grant or shall make provision for
7 meeting the needs for which such expenses would be incurred, to
8 the same extent and in the same manner that provision for
9 meeting such expenses or needs is made under rules and
10 regulations of the department in the case of other adult
11 assistance recipients who are employed. Such work shall be of a
12 constructive nature for the conservation of work skills and
13 development of new skills for individuals who have attained the
14 age of eighteen, and are receiving aid to families with
15 dependent children or general assistance under conditions which
16 are designed to assure protection of the health and welfare of
17 such individuals and the dependent children involved.
18 Section 406. Receipt and Allocation of Funds.--The
19 department shall have the duty:
20 (1) To receive and to supervise the disbursement of funds,
21 provided by the Federal government or from any other source for
22 use in this Commonwealth, for assistance.
23 (2) To allocate to the several assistance programs funds
24 with which to provide assistance and funds for administrative
25 expenses, and as may be needed, from time to time, to keep
26 reasonable emergency funds in the hands of local [boards]
27 offices, which shall be used, subject to the rules, regulations
28 and standards of the department, by the Executive Director for
29 the furnishing of assistance and pensions respectively in
30 emergency cases, upon application to him. [, or under the
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1 direction of any member of the local board.]
2 Section 407. [Supervision of County Boards.--The department
3 shall have the power to exercise general supervision of the
4 county boards of public assistance, and establish for such
5 boards, rules, regulations and standards.] Administration of
6 Local Offices.--The department shall administer assistance by
7 giving supervision and direction to the several local offices
8 and shall establish for such local offices rules, regulations
9 and standards relating to assistance and its administration.
10 Section 409. Collection of Information; Reports.--The
11 department shall have the duty:
12 (1) To gather and study current information constantly, and
13 to report, at least annually, to the Governor, as to the nature
14 and need of assistance, [as to the amounts expended under the
15 supervision of each county board, and as to the work of each
16 county board] in each county as to the amounts expended in each
17 county and the work of each local office and county advisory
18 board, and to cause such reports to be published for the
19 information of the public.
20 (2) To report, at least annually, to the Governor, as to the
21 cost of living in the various counties, as related to the
22 standards of assistance and the amounts expended for assistance,
23 and to cause such reports to be published for the information of
24 the public.
25 ARTICLE IV
26 * * *
27 (c) County Advisory Boards of Assistance;
28 Establishment
29 Section 415. Establishment of County Advisory Boards;
30 Expenses.--For each county of the Commonwealth, there is hereby
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1 established a county advisory board of assistance, to be known
2 as the County Advisory Board of Assistance and referred to in
3 this Article IV as the "county advisory board," which shall be
4 composed of men and women, to be appointed by the Governor with
5 the advice and consent of two-thirds of all members of the
6 Senate. The county advisory boards shall be composed as far as
7 possible of persons engaged or interested in business, social
8 welfare, labor, industry, education or public administration.
9 The members of the county advisory boards shall serve without
10 compensation, but shall be reimbursed for necessary expenses. No
11 member of a county advisory board shall hold office in any
12 political party. Not all of the members of a county advisory
13 board shall belong to the same political party.
14 Section 416. Composition of County Advisory Boards; Terms,
15 Officers.--(a) Each county advisory board shall be composed of a
16 minimum of eleven members in counties of the first and second
17 classes, and of a minimum of seven members in other counties.
18 There shall be a maximum of fifteen members on any county
19 advisory board and, in addition thereto, the Governor shall
20 appoint as ex officio members two county commissioners, one from
21 each political party. Any vacancy caused by the expiration of a
22 term shall be filled by an appointment, in the manner above
23 provided, for a term of three years, and any vacancy, otherwise
24 caused, shall be filled for the duration of the unexpired term
25 by appointment, in the same manner. Any member of a county
26 advisory board who has served all or any portions of three
27 consecutive three-year terms, as above specified, shall be
28 ineligible for further reappointment until after one full term
29 has passed.
30 (b) Each county advisory board shall organize annually and
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1 elect from among its members a chairman, vice-chairman and a
2 secretary.
3 ARTICLE IV
4 * * *
5 (d) County Advisory Boards and Offices; Powers and Duties
6 Section 417. Personnel.--[Each county board] The department
7 shall:
8 (1) In accordance with the Civil Service Act, appoint,
9 transfer, lay off, suspend and remove its employes who shall, on
10 behalf of the [county board] department and under the
11 supervision of the Executive Director, provide assistance in the
12 territory under the jurisdiction of [the county board] each
13 local office in accordance with law.
14 (2) Determine the number of its employes and direct and
15 supervise their services so as to attain the maximum degree of
16 efficiency.
17 (3) From time to time, appoint such board of review as it
18 sees fit and proper, to hear and determine appeals by employes
19 from orders of demotion and of removal.
20 Section 418. [Conformity with Departmental Regulations;
21 Recommendations.-- Each county board shall conform to the rules,
22 regulations and standards, established by the department, and
23 may make recommendations to the department as to rules,
24 regulations and standards as to eligibility for assistance, and
25 as to the nature and extent of assistance.] County Advisory
26 Boards; Powers and Duties.--The county advisory boards in each
27 county shall:
28 (1) Give advice and make recommendations to the department
29 as to rules, regulations and standards relating to eligibility
30 for assistance and as to the nature and extent of assistance.
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1 (2) Advise the department with respect to the management and
2 operation of the local offices and any plans or programs for the
3 improvement of their operation.
4 (3) Keep under review all matters pertaining to the welfare
5 of assistance recipients, including former and potential
6 recipients, and to make recommendations to the department with
7 respect thereto.
8 (4) Develop and further means and methods of establishing
9 proper relations and understanding between the local office and
10 the community and to provide liaison between the local offices
11 and the community in order to serve the interests and needs of
12 both.
13 Section 419. Administration of Assistance and Related
14 Functions.--Each [county board] local office shall:
15 (1) Administer public assistance in the county, and
16 determine the eligibility for assistance of applicants and
17 continued eligibility for assistance of persons receiving the
18 same in accordance with law and rules, regulations and standards
19 established by the department.
20 (2) Take measures to promote the welfare and self-dependency
21 of individuals and families eligible for assistance by helping
22 them to secure rehabilitative, remedial or other constructive
23 aid, through local community resources, or in the absence or
24 inadequacy of such resources, through direct provision of such
25 aid, in accordance with rules, regulations and standards adopted
26 by the department.
27 (3) With the approval of the secretary, supervise the
28 administration of and promote any other public function related
29 to assistance, or the work of the department, [or of the county
30 board,] which may be committed to the [county board] local
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1 office by a political subdivision of the Commonwealth.
2 Section 420. Reports and Budget Requests.--Each [county
3 board] local office shall submit reports and budget requests to
4 the department as required and shall study, report and interpret
5 its policies, problems and work, to the department and to the
6 public.
7 Section 421. Community Work and Training Programs.--Each
8 [county board] local office shall administer community work and
9 training programs in accordance with law and the rules,
10 regulations and standards established by the department.
11 Section 422. Encouragement of Employment.--Each [county
12 board] local office shall encourage employable recipients of
13 assistance to accept full or part-time employment by providing
14 that such recipients will again be granted assistance upon the
15 termination of such employment, if in need thereof; and, any
16 rule or regulation of the department [or of the county board]
17 heretofore or hereafter adopted, contrary hereto, is hereby
18 voided.
19 Section 423. Hearing Appeals of Recipients.--[Each county
20 board shall hear and determine appeals from actions of its
21 employes affecting the rights of those applying for or receiving
22 assistance.] Any person applying for or receiving assistance of
23 any type [covered by the public assistance provisions of the
24 Federal Social Security Act,] may appeal to the department from
25 any decision of the [county board] local office, refusing or
26 discontinuing his assistance, in whole or in part. In every such
27 appeal, an opportunity for a fair hearing shall be granted. [,
28 and the decision of the department on such appeal shall be
29 final, except as otherwise hereinafter provided.] All such
30 appeals shall be in accordance with rules and regulations
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1 established by the department. [Any person applying for or
2 receiving assistance may appeal to the common pleas court of the
3 county in which such person resides from any decision of a
4 county board or of the department refusing or discontinuing his
5 assistance because he is deemed ineligible as a person who
6 advocates or actively participates by an overt act or acts in a
7 movement proposing a change in the form of government of the
8 United States by means not provided for in the Constitution of
9 the United States. Such appeal may be made within ten days after
10 receipt by such person of a registered mail notice of the
11 decision of the county board or of the department. The common
12 pleas court, as aforesaid, shall give such person an opportunity
13 for a fair hearing; at such hearing the burden of proof shall be
14 on the department. The decision of the common pleas court on
15 such appeal shall be final. All appeals from the county board to
16 the department or from the department or county board to the
17 common pleas court, as aforesaid, shall operate as a supersedeas
18 of any order of the county board or department in all cases
19 where the appellant is already receiving assistance.]
20 Section 424. Appointment of Committees.--Each county
21 advisory board may:
22 (1) Appoint labor review committees, composed of
23 representative citizens of the county, who shall serve without
24 compensation, and whose duty it shall be to pass on the
25 eligibility of any applicant for or recipient of general
26 assistance who shall refuse an offer of employment and whose
27 case shall be referred to such a committee by the county
28 advisory board.
29 (2) Appoint committees of the county advisory board or of
30 local citizens in various communities of the county, as
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1 circumstances may require, to cooperate with the county advisory
2 board in (i) supplying information as to the eligibility of
3 persons for assistance; (ii) recommending local policies; and
4 (iii) stimulating local employment; and, on petition of fifty or
5 more residents of any community, it shall be mandatory upon the
6 county advisory board to appoint a committee to function in such
7 community.
8 Section 425. Furnishing Information.--Upon request by any
9 adult resident of the Commonwealth, any [county board] local
10 office shall furnish the address and amount of assistance with
11 respect to persons receiving assistance about whom inquiry is
12 made, but such information shall not be used for commercial or
13 political purposes.
14 Section 426. Employment of Credit Rating Agencies.--As need
15 may require each [county board] local office may employ the
16 services of commercial credit rating agencies for the purpose of
17 determining eligibility for general assistance.
18 Section 427. Receipt and Expenditure of Contributions.--Each
19 [county board] local office may receive and spend contributions
20 from any source for purposes related to assistance, or to the
21 work of the department.
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