PRINTER'S NO. 892
No. 819 Session of 1979
INTRODUCED BY BURD, LIVENGOOD, SIEMINSKI, PERZEL, MADIGAN,
CESSAR, MOWERY, PUNT, POTT, B. D. CLARK, McVERRY AND DUFFY,
MARCH 26, 1979
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 26, 1979
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," amending the Pennsylvania
4 employables program and providing for a community work
5 experience and training program.
6 Statement of findings and declaration of policy.--(a) The
7 General Assembly finds that:
8 (1) The purpose of a welfare program is to provide
9 assistance to the needy and distressed, to enable them to
10 maintain for themselves and their dependents a decent and
11 healthful standard of living and to do this in such a way as to
12 promote self respect, rehabilitation and, if possible, self
13 dependency.
14 (2) General assistance is a State-funded program available
15 to persons who meet certain eligibility conditions, but who do
16 not qualify for a Federal categorical program.
17 (3) In Pennsylvania, the current average monthly caseload in
18 this category of assistance is approximately 150,000 persons.
19 (4) Of this 150,000, 56% are estimated to be employable.
1 (5) Aid to families with dependent children is a Federal and
2 State funded program intended to provide money for dependent
3 children who are in need because support from the usual source,
4 parents, is not available.
5 (6) In Pennsylvania, the current average monthly caseload in
6 this category of assistance is approximately 600,000 persons.
7 (7) Of this 600,000, 7.5% are estimated to be employable.
8 (8) Aid to families with dependent children, unemployed
9 father is a Federal and State funded program, elected at the
10 State's option, to provide assistance to families in which the
11 father is employed less than 100 hours a month or exceeds that
12 standard for a particular month if his work is intermittent and
13 the excess is of a temporary nature.
14 (9) In Pennsylvania, the current average monthly caseload in
15 this category of assistance is approximately 33,000 persons.
16 (10) Of this 33,000, 26.6% are estimated to be employable.
17 (b) Pursuant to these findings, the General Assembly states
18 that the purposes of this act are to:
19 (1) Provide assistance to those persons who are truly in
20 need.
21 (2) Reduce the caseload of the present general assistance
22 program by requiring those persons who are capable of employment
23 to seek and retain employment.
24 (3) Provide an opportunity for general assistance
25 employables to develop employability through actual employment
26 experience at a work site or through an on-the-job training
27 program.
28 (4) Provide an avenue whereby general assistance employables
29 can develop a recent employment history and work skills.
30 (5) Assist general assistance employables in becoming
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1 competitive in the labor market.
2 (6) Require the Department of Public Welfare to establish
3 regulations consistent with the Federal Social Security Act and
4 regulations issued thereunder, to administer the aid to families
5 with dependent children, and the unemployed fathers programs.
6 The department shall monitor any changes in Federal law or
7 regulation which would permit expansion of the State program.
8 (7) Request the Department of Public Welfare to petition the
9 United States Department of Health, Education and Welfare to
10 determine the feasibility of amending Federal regulations
11 providing for work requirements for aid to families with
12 dependent children recipients.
13 (8) Enable individuals employed under the community work
14 experience and training program to move promptly into regular
15 public or private employment or into training or public service
16 employment programs to improve their employability in regular
17 public or private employment.
18 (9) Assist recipients of public assistance to become self-
19 supporting through implementation of the community work
20 experience and training program.
21 (10) Provide for demonstration projects of employment and
22 training in both the public and private sectors.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Subsection (e) of section 405.1, act of June 13,
26 1967 (P.L.31, No.21), known as the "Public Welfare Code," added
27 July 9, 1976 (P.L.993, No.202), is amended to read:
28 Section 405.1. Pennsylvania Employables Program.--* * *
29 (e) The department shall, within twelve months of the
30 effective date of this act, establish a series of demonstration
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1 projects which will have as their primary purpose, the obtaining
2 of bona fide employment for non-exempt assistance applicants and
3 recipients. The demonstration projects may be substituted for
4 the registration required by subsection (a). The demonstration
5 projects shall include, but not be limited to referral to
6 private employment agencies under contract with the department
7 and the establishment of an employment officer in county board
8 of assistance offices. Those demonstration projects considered
9 by the department to be successful after at least a twelve-month
10 trial period may be made permanent on either a Statewide or
11 localized basis. During the trial period, a demonstration
12 project may be expanded. Every demonstration project must
13 include adequate provision for evaluation and each evaluation
14 shall include participation by members of the public. [Nothing
15 in this subsection shall be construed to permit the
16 implementation of a demonstration program which would require an
17 applicant or recipient to perform work as payment for an
18 assistance grant.]
19 * * *
20 Section 2. The act is amended by adding a section to read:
21 Section 405.2. Community Work Experience and Training
22 Program.--(a) The department shall, within twelve months of the
23 effective date of this act, establish a series of demonstration
24 projects which will have as their purpose, the obtaining of bona
25 fide employment in either the private or public sectors. The
26 department shall develop a plan for the phased implementation of
27 community work experience and training programs. As this plan is
28 implemented, specific geographic areas within which such
29 programs are to be established shall be designated. Such
30 geographic areas may consist of a combination of counties, a
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1 single county or a municipality. Recipient participation in such
2 a demonstration project may be substituted for the registration
3 required in section 405.1(a).
4 (b) The demonstration projects shall include, but not be
5 limited to, referral to private employment agencies under
6 contract with the department and the establishment of an
7 employment officer in county board of assistance offices. The
8 department may develop such programs through contracts with any
9 public entity or nonprofit agency or organization subject to the
10 conditions and standards set forth below. All public entities
11 shall cooperate in the development and implementation of
12 community work experience and training programs for welfare
13 applicants and recipients in accordance with criteria and
14 standards established by the department: Provided, That any
15 program undertaken by a public agency be done with the consent
16 of that agency.
17 (c) At least three of the demonstration projects of the
18 community work experience and training program shall be as
19 follows:
20 (1) A countywide employment program to be conducted in a
21 fifth class county. Under this project, the department shall
22 consult with the county commissioners and may accept their
23 recommendations. Community work experience and training programs
24 under this subsection are to be confined to projects which serve
25 a useful public purpose such as in the fields of health, social
26 service, environmental protection, education, urban and rural
27 development and redevelopment, welfare, recreation, public
28 facilities and public safety.
29 (2) A two-county employment and on-site training program to
30 be conducted in adjoining third and fourth class counties, one
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1 of which is Appalachia, the other mixed urban and rural. Under
2 this project, the department shall contract with a private
3 employment agency - consulting service, at selected sites.
4 (3) An employment program to be conducted in a fourth class
5 county, considered partially urban.
6 (d) Those demonstration projects considered by the
7 department to be successful after at least a twelve-month trial
8 period may be made permanent on either a Statewide or localized
9 basis. During the trial period, a demonstration project may be
10 expanded. Every demonstration project must include adequate
11 provision for evaluation and each evaluation shall include
12 participation by members of the public.
13 (e) (1) All persons physically able to participate in the
14 program are required to do so. Persons participating in a
15 Federal funded assistance program shall participate in the
16 community work experience and training program to the extent
17 permitted by Federal law. Any such person refusing to
18 participate, except where good cause exists, shall receive no
19 further assistance payments until he/she has complied with the
20 provisions of this act.
21 (2) To the extent permitted by Federal law, aid shall be
22 terminated to a recipient of public assistance, who without good
23 cause refuses to participate in a community work experience
24 program: Provided, however, That aid for the support of the
25 child or children of such recipient of public assistance shall
26 not be reduced or terminated as a result of such refusal to
27 participate. Any recipient of public assistance who refuses
28 without good cause to participate shall not be considered a
29 needy relative or caretaker of a recipient child and shall not
30 be entitled to receive or use any part of an aid grant paid
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1 pursuant to this act.
2 (f) A community work experience and training program
3 established under this section shall provide:
4 (1) Appropriate standards for health, safety and other
5 conditions applicable to the performance of work, including
6 workmen's compensation insurance.
7 (2) That the program does not result in displacement of
8 persons currently employed.
9 (3) That the program does not apply to jobs covered by a
10 collective bargaining agreement.
11 (4) Reasonable conditions of work, taking into account the
12 geographic region, the residence of the participants, and the
13 proficiency of the participants.
14 (5) That participants will not be required, without their
15 consent, to remain away from their homes overnight.
16 (6) That participants will not be required to work in excess
17 of thirty-two hours in any calendar week nor in excess of one
18 hundred twenty-eight hours in any calendar month in order to
19 provide the participant the time and opportunity to seek regular
20 employment.
21 (7) That participant will be paid compensation at a rate not
22 less than the applicable Federal or State minimum wage.
23 (8) That the projects into which the participants may be
24 placed shall be of such nature that they provide practical
25 employment training experience.
26 (g) Participants in the program will be considered employes
27 of the sponsoring governmental unit, subject to all the rights
28 and liabilities of an employe, including responsibility for all
29 applicable local, State and Federal taxes and charges as an
30 employe.
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1 (h) All costs to the sponsoring governmental unit for
2 participation in this program shall be paid from the grants or
3 appropriations enacted to effectuate the program, established by
4 this section, such costs to include any employe benefits the
5 participant is entitled to, the employer's share of any local,
6 State or Federal taxes or charges, the cost of all insurances,
7 and any other incidental costs which would be applicable to an
8 employe of the governmental unit not under this program. The
9 employer unit shall be immune from any and all obligations,
10 responsibilities and liabilities, legal or otherwise, resulting
11 from its participating in this program, except as set forth in
12 this act.
13 Section 3. This act shall take effect in 180 days.
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