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1996 Pennsylvania Attorney General Reports and Opinions 1 (1996)

handle is hein.sag/sagpa0007 and id is 1 raw text is: COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL I6THrLOOR HARRISBURG, PA. 17120 STRAWBERRY SoUAAC THOMAS W. CORBETT, JR. HAR sauRG, PA 17120 ATTORNEY GENERAL 1 1777-3391 December 9, 1996 Honorable Feather 0. Houstoun Secretary Department of Public Welfare Room 333, Health and Welfare Building Harrisburg, PA 17105 Dear Secretary Houstoun: You have requested my opinion regarding the enforceability of the durational residency and citizenship requirements of Act 1996-35 (Act 35), which amended various provisions of the Public Welfare Code governing eligibility for cash and medical assistance under the Commonwealth's General Assistance program. Section 11 of Act 35 amends Section 432.4 of the Public Welfare Code, 62 P.S. §432.4, to enlarge from sixty days to twelve months the period of time that an applicant for cash assistance must be a Pennsylvania resident before becoming eligible for benefits. Section 15 of Act 35 amends Section 442.1 of the Code, 62 P.S. §442.1, to add a requirement that an applicant for medical assistance must be a Pennsylvania resident for ninety days before becoming eligible for benefits. Section 14.1 of Act 35 amends the Code to add Section 432.22, 62 P.S. §432.22, which disqualifies for cash or medical assistance an applicant who is not a citizen of the United States. In providing legal advice to the head of a Commonwealth agency, the Attorney General is required by Section 204(a)(3) of the Commonwealth Attorneys Act, 71 P.S. §732-204(a) (3), to uphold and defend the constitutionality of all statutes so as to prevent their suspension or abrogation in the absence of a controlling decision by a court of competent jurisdiction. Since each of the foregoing provisions of Act 35 implicates a decision of the United States Supreme Court relevant to its constitutionality, it is incumbent upon me to determine whether the Supreme Court decision is controlling so as to compel the advice that the provision to which it relates is unenforceable.

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