THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TOOHIL, ADOLPH, AUMENT, BAKER, BARRAR, BEAR, BENNINGHOFF, BOBACK, BOYD, CAUSER, CHRISTIANA, CLYMER, D. COSTA, COX, CREIGHTON, CUTLER, DALEY, DAY, DeLUCA, DENLINGER, EVANKOVICH, J. EVANS, EVERETT, GABLER, GEIST, GILLEN, GINGRICH, GOODMAN, GRELL, GROVE, HARHAI, HARHART, HARRIS, HEFFLEY, HESS, HICKERNELL, KAUFFMAN, M. K. KELLER, KNOWLES, KRIEGER, MAJOR, MARSHALL, MARSICO, MASSER, METCALFE, METZGAR, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MURT, MUSTIO, MYERS, OBERLANDER, PERRY, PICKETT, PYLE, QUIGLEY, READSHAW, REED, REESE, REICHLEY, ROAE, ROCK, SACCONE, SAYLOR, SCAVELLO, SCHRODER, SIMMONS, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, VEREB, VULAKOVICH AND WATSON, MARCH 31, 2011

REFERRED TO COMMITTEE ON HEALTH, MARCH 31, 2011  

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," adding definitions; and

further providing for false statements, investigations and

penalty and for reporting fraud.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 402 of the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code, is amended by adding

definitions to read:

Section 402.  Definitions.--As used in this article, unless

the content clearly indicates otherwise:

"Access device."  The Pennsylvania ACCESS Card or electronic

benefit transfer card.

* * *

"Authorization card."  The paper authorization to participate

that an individual signs and then exchanges for a designated

amount of food stamps or benefits.

* * *

Section 2.  Section 481 of the act, amended May 16, 1996

(P.L.175, No.35), is amended to read:

Section 481.  False Statements; Investigations; Penalty.--(a)

Any person who, either prior to, or at the time of, or

subsequent to the application for assistance[, by means of a

wilfully false] or the filing of an authorization card,

knowingly makes a false or misleading statement or

misrepresentation, or by impersonation or by [wilfully]

knowingly failing to disclose a material fact regarding

eligibility or other fraudulent means, secures, or attempts to

secure, or aids or abets or attempts to aid or abet any person

in securing assistance, an access device or Federal food stamps,

or violates 18 Pa.C.S. § 7313 (relating to buying or exchanging

Federal food order coupons, stamps, authorization cards or

access devices), commits a crime which shall be graded as

provided in subsection (b).

(b) Any person violating subsection (a) commits the grade of

crime determined from the following schedule:

[Pursuant to 42 Pa.C.S. § 1515(a)(7) (relating to jurisdiction

and venue), jurisdiction over cases graded a misdemeanor of the

third degree under this section shall be vested in district

justices.]

(c)  Any person committing a crime enumerated in subsection

(a) shall be ordered to pay restitution of any moneys received

by reason of any false or misleading statement,

misrepresentation, impersonation, failure to disclose required

information or fraudulent means. Restitution ordered under this

subsection may be paid in a lump sum, by monthly installments or

according to such other schedule as is deemed just by the

sentencing court. Notwithstanding the provisions of 18 Pa.C.S. §

1106(c)(2) (relating to restitution for injuries to person or

property) to the contrary, the period of time during which the

offender is ordered to make restitution may exceed the maximum

term of imprisonment to which the offender could have been

sentenced for the crime of which that person was convicted, if

the sentencing court determines such period to be reasonable and

in the interests of justice.

(d)  There shall be a four-year statute of limitations on all

crimes enumerated in subsection (a).

(e)  The [Treasury Department] Inspector General's Office 

shall have the power to investigate and prosecute any case

involving replacement of or duplicate receipt of or altered

assistance checks or access devices and shall have the power to

collect any funds as a result of such investigations and

prosecution. For purposes of this section those employes of the

[Treasury Department] Inspector General's Office as are

designated "investigators" are given the power and authority to

subpoena any document for review or audit and may question and

subpoena any person believed to have any knowledge in such

cases. The [Treasury Department] Inspector General's Office 

shall make such rules and regulations as may be necessary to

carry out the provisions of this section.

(f)  An applicant for or recipient of [aid to families with

dependent children] temporary assistance for needy families or

general assistance convicted of any offense pursuant to

subsection (a) shall be ineligible to receive cash assistance

for a period of six months from the date of a first conviction,

for a period of twelve months from the date of a second

conviction and permanently from the date of a third conviction.

Section 3.  Section 1417(b) of the act, added December 17,

2009 (P.L.598, No.54), is amended to read:

Section 1417.  Fraud Reporting to Inspector General.--* * *

(b)  The county assistance employe making a report in good

faith shall [not be subject to any sanctions for making a fraud

report.] be provided:

(1)  Whistleblower status as provided under the act of

December 12, 1986 (P.L.1559, No.169), known as the

"Whistleblower Law."

(2)  Immunity from civil or criminal liability for the

reporting of suspected fraud.

Section 4.  This act shall take effect in 60 days.