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PRIORH1773B2364A03291 PRINTER'SSFL:JMT 10/20/19 #90 A03291 AMENDMENTS TO HOUSE BILL NO.
23641773 PRINTER'SSponsor: NO.
2763REPRESENTATIVE THERIGBY GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
17732364 2019Amend INTRODUCEDBill, BYpage STRUZZI,4, FARRY,line BARRAR,27, BOBACK,by CALTAGIRONE,inserting CIRESI,after ECKER,"30%" FREEMAN,or, HEFFLEY,if HOHENSTEIN,the HOWARD,individual JAMES,was KAUFFMAN,enrolled KULIK,as MALAGARI,a MURT,student OWLETT,in PYLE,a READSHAW,high SAINATO,school SCHLOSSBERG,or SCHMITT,in STAATS,an ULLMAN,approved ZABEL,program ZIMMERMAN,of SCHWEYER,education POLINCHOCK,at O'MARA,an RIGBY,approved DEASY,institution DeLUCA,of GAYDOS,higher HELM,learning DUSH,within BURNS,the THOMAS,one-year QUINN,period GILLEN,before KORTZthe ANDindividual RYAN,submitted AUGUSTan 30,application 2019to AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 22, 2019 AN ACT Amending Title 35 (Health and Safety) of the Pennsylvaniaagency Consolidatedfor Statutes,tuition inassistance, emergencynot managementless services,than providing15% for2019/90SFL/HB1773A03291 tuition- assistance1 for- active volunteers;
and establishing the Active Volunteer Tuition Assistance Program and Active Volunteer Tuition Assistance Fund.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.
Title 35 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 79B TUITION ASSISTANCE FOR ACTIVE VOLUNTEERS Subchapter A.
Preliminary Provisions B.
Active Volunteer Tuition Assistance Program SUBCHAPTER A PRELIMINARY PROVISIONS Sec.
79B01.
Definitions.
§ 79B01.
Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Active volunteer." A volunteer for a volunteer organization who satisfies the eligibility criteria under section 79B12(a) (relating to eligibility), receives a certificate of eligibility and complies with the requirements of the program.
"Agency." The Pennsylvania Higher Education Assistance Agency.
"Annual tuition rate." The in-State tuition rate, including a technology tuition fee, established or approved by May 1 of each year by the Board of Governors of the State System of Higher Education.
"Approved institution of higher learning." An educational institution offering a postsecondary program of education located in this Commonwealth and approved by the agency.
"Approved program of education." A degree-granting or certificate-granting curriculum, course of study or training program required for entrance into a specific career to be pursued on a full-time or part-time basis or its equivalent as determined by the agency, at an approved institution of higher learning.
"Certificate of eligibility." A certificate issued by the agency under section 79B12(b) that certifies that an active volunteer satisfies the eligibility criteria under section 79B12(a).
"Eligible student." An active volunteer who is enrolled in 20190HB1773PN2763 - 2 - an approved institution of higher learning.
"Emergency medical services agency." As defined in section 8103 (relating to definitions).
"Full-time student." An eligible student pursuing no less than 12 credit hours per semester of an approved program of education or its equivalent that is recognized by the agency as a full-time course of study.
"Fund." The Active Volunteer Tuition Assistance Fund established under under section 79B21(a) (relating to Active Volunteer Tuition Assistance Program Fund).
"Part-time student." An eligible student pursuing less than 12 credit hours per semester of an approved program of education or its equivalent that is recognized by the agency as a part-time course of study.
"Program." The Active Volunteer Tuition Assistance Program established under section 79B11 (relating to establishment).
"Technology tuition fee." A separate tuition fee established by the Board of Governors of the State System of Higher Education for rendering technology resources and services to enhance student learning experiences.
"Tuition assistance." Reimbursement provided by the agency for tuition under the program.
"Volunteer fire company." A nonprofit chartered corporation, association or organization located in this Commonwealth that provides fire protection services and may offer other voluntary emergency services within this Commonwealth.
"Volunteer organization." A volunteer fire company or emergency medical services agency.
SUBCHAPTER B ACTIVE VOLUNTEER TUITION ASSISTANCE PROGRAM 20190HB1773PN2763 - 3 - Sec.
79B11.
Establishment.
79B12.
Eligibility.
79B13.
Tuition assistance.
79B14.
Promissory note.
79B15.
Amount of tuition payments.
79B16.
Limitation on tuition assistance.
79B17.
Recoupment of tuition assistance payments.
79B18.
Service records.
79B19.
Verification of active volunteer status.
79B20.
Administrative costs.
79B21.
Active Volunteer Tuition Assistance Program Fund.
79B22.
Regulations.
§ 79B11.
Establishment.
The Active Volunteer Tuition Assistance Program is established within the agency to provide tuition assistance to active volunteers with volunteer organizations who are students at approved institutions of higher learning.
§ 79B12.
Eligibility.
(a) Criteria.--Upon submitting an application to participate in the program in accordance with the agency's regulations, rules or guidelines under section 79B22 (relating to regulations), an individual shall be eligible to receive tuition assistance if the individual satisfies all of the following eligibility criteria:
(1) Is a resident of this Commonwealth.
(2) Is an active volunteer.
(3) Has participated in not less than 30% OR, IF THE <-- INDIVIDUAL WAS ENROLLED AS A STUDENT IN A HIGH SCHOOL OR IN AN APPROVED PROGRAM OF EDUCATION AT AN APPROVED INSTITUTION 20190HB1773PN2763 - 4 - OF HIGHER LEARNING WITHIN THE ONE-YEAR PERIOD BEFORE THE INDIVIDUAL SUBMITTED AN APPLICATION TO THE AGENCY FOR TUITION ASSISTANCE, NOT LESS THAN 15% of a volunteer organization's activities within the one-year period before the individual submitted an application to the agency for tuition assistance.
The activities may include, but not be limited to, training, drills, emergency response calls, administrative and operational support, fundraising or other events and projects that aid the financial viability of the volunteer organization.
(4) Has enrolled as a student in an approved program of education at an approved institution of higher learning.
(5) Accepts an obligation to serve as an active volunteer with a volunteer organization for at least one year prior to enrolling in an approved program of education and at least five years after completing an approved program of education.
(6) Has signed a promissory note obligating the individual to repay the full amount of tuition assistance received by the individual if the individual fails to satisfy the requirements under the program.
(7) Is in good standing with the volunteer organization for which the individual is an active volunteer.
(b) Certificate.--The agency shall issue a certificate of eligibility to an individual who satisfies the eligibility criteria under subsection (a).
§ 79B13.
Tuition assistance.
From funds appropriated for the program, tuition assistance shall be provided to eligible students to pursue approved programs of education on or after the effective date of this 20190HB1773PN2763 - 5 - section.
§ 79B14.
Promissory note.
Before participating in the program, an individual must sign a promissory note obligating the individual to repay the full amount of the tuition assistance received by the individual if the individual fails to satisfy the requirements under the program as specified under section 79B17 (relating to recoupment of tuition assistance payments).
§ 79B15.
Amount of tuition payments.
(a) Full-time students.--Payments of tuition assistance to a full-time student shall be determined by the agency and may not exceed the lesser of the following for an academic year:
(1) The tuition rate charged by the approved institution of higher learning for the number of credit hours per semester or its equivalent for the approved program of education in which the full-time student is enrolled.
(2) The annual tuition rate charged by an institution within the Pennsylvania State System of Higher Education for the academic year.
(b) Part-time students.--Payments of tuition assistance to a part-time student shall be determined by the agency and may not exceed the lesser of the following for an academic year:
(1) The tuition rate charged by the approved institution of higher learning for the number of credit hours per semester or its equivalent in which the part-time student is enrolled.
(2) The annual tuition rate charged by an institution within the State System of Higher Education for the number of credit hours per semester or its equivalent in which the part-time student is enrolled for the same academic year or 20190HB1773PN2763 - 6 - period.
(c) Limit on charges.--An eligible student who attends an institution within the State System of Higher Education may not be charged tuition exceeding the annual tuition rate.
§ 79B16.
Limitation on tuition assistance.
An eligible student shall not receive tuition assistance for a total of more than five academic years or an equivalent amount of time as determined by the agency.
§ 79B17.
Recoupment of tuition assistance payments.
(a) Noncompliance.--An individual who fails to satisfy the requirements under the program shall be liable to the Commonwealth for the full amount of tuition assistance received by the individual, unless the failure is a result of an injury while responding to an emergency as an active volunteer that prevents the individual from complying with the requirements under the program.
The promissory note under section 79B14 (relating to promissory note) shall be repaid by the individual upon demand by the agency on a schedule as the agency may determine.
(b) Notice.--A volunteer organization shall notify the agency if an active volunteer fails to satisfy the volunteer requirements under the program.
§ 79B18.
Service records.
(a) Logs.--For the purpose of ensuring compliance with the requirements under the program, the chief of a volunteer fire company or the supervisor or chief of an emergency medical services agency or their designees shall establish and maintain a service log that documents the services provided by an active volunteer participating in the program, including a calculation of the amount of time the active volunteer conducts activities 20190HB1773PN2763 - 7 - with the volunteer organization.
(b) Review.--Service logs under subsection (a) shall be subject to periodic review by the agency and the Department of Auditor General for the purpose of ensuring compliance with the requirements under this subchapter.
§ 79B19.
Verification of active volunteer status.
(a) Self-certification.--An individual shall sign and submit an application to the chief of a volunteer fire company or the supervisor or chief of the emergency medical services agency to attest that the individual is an active volunteer.
(b) Injured volunteer.--Notwithstanding the volunteer requirements under the program, an individual who was injured while responding to an emergency as an active volunteer who can no longer serve as an active volunteer because of the injury and who would otherwise be eligible for the program shall be eligible to participate in the program for five years from the date of the injury.
(c) Local sign-off.--The chief and another officer of the volunteer fire company and the supervisor or chief and another officer of the emergency medical services agency shall sign the application attesting that the individual is an active volunteer under subsection (a) or that the individual can no longer serve as an active volunteer due to injury under subsection (b).
The application shall then be forwarded to the agency for final review and processing.
§ 79B20.
Administrative costs.
The administrative costs of the program for the fiscal year beginning July 1, 2020, and each fiscal year thereafter shall not exceed 3.5% of the total amount of money appropriated to the agency to implement the program.
20190HB1773PN2763 - 8 - § 79B21.
Active Volunteer Tuition Assistance Program Fund.
(a) Establishment.--The Active Volunteer Tuition Assistance Program Fund is established as a nonlapsing restricted receipts account in the State Treasury.
(b) Appropriation.--Money deposited or transferred into the fund, including any accrued interest, is appropriated to the agency on a continuing basis to implement the program.
(c) Administrative actions.--No administrative action shall prevent the deposit or transfer of money into the fund.
(d) Use.--Money in the fund may only be used to implement the program.
Money in the fund may not be diverted for any other purpose by administrative action.
§ 79B22.
Regulations.
The agency shall promulgate regulations and establish rules or guidelines to administer this subchapter.
Section 2.
This act shall take effect as follows:
(1) The addition of 35 Pa.C.S.
§ 79B21 shall take effect July 1, 2020, or immediately, whichever is later.
(2) The addition of 35 Pa.C.S.
§§ 79B13 and 79B15 shall take effect August 1, 2020, or immediately, whichever is later.
(3) The remainder of this act shall take effect immediately.
20190HB1773PN2763 - 9 -