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        PRIOR PRINTER'S NO. 1852                      PRINTER'E NO. 2096

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1315 Session of 2008


        INTRODUCED BY WAUGH, BAKER, RAFFERTY, PUNT, O'PAKE, MADIGAN,
           KASUNIC, FONTANA, ERICKSON, BOSCOLA, ORIE, KITCHEN,
           TOMLINSON, EICHELBERGER, WONDERLING, REGOLA, LOGAN, CORMAN,
           ARMSTRONG, BROWNE, BRUBAKER, ROBBINS, PIPPY, EARLL, COSTA,
           WOZNIAK, C. WILLIAMS, FOLMER, M. WHITE, D. WHITE, RHOADES,
           McILHINNEY, DINNIMAN, STOUT, MUSTO, WASHINGTON AND FERLO,
           MARCH 20, 2008

        SENATOR ARMSTRONG, APPROPRIATIONS, RE-REPORTED AS AMENDED,
        JUNE 2, 2008

                                     AN ACT

     1  Providing for a Postsecondary Education Tuition Reimbursement
     2     Program for volunteer firefighters, FIRE POLICE and emergency  <--
     3     services personnel.

     4     The General Assembly finds that, since volunteer
     5  firefighters, FIRE POLICE and emergency services personnel        <--
     6  provide essential public services and save taxpayers billions of
     7  dollars annually in communities across this Commonwealth, this
     8  act shall provide significant assistance to them in attaining a
     9  quality postsecondary education.
    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12  Section 1.  Short title.
    13     This act shall be known and may be cited as the Volunteer
    14  Firefighter and Emergency Services Postsecondary Education
    15  Tuition Reimbursement Program Act.


     1  Section 2.  Definitions.
     2     The following words and phrases when used in this act shall
     3  have the meanings given to them in this section unless the
     4  context clearly indicates otherwise:
     5     "ACTIVE VOLUNTEER."  A VOLUNTEER FOR A VOLUNTEER AMBULANCE     <--
     6  SERVICE, VOLUNTEER FIRE COMPANY OR VOLUNTEER RESCUE COMPANY
     7  CERTIFIED BY THE COMMISSIONER OF INTERNAL REVENUE OF THE UNITED
     8  STATES AND THE DIRECTOR OF THE PENNSYLVANIA STATE INCOME TAX
     9  BUREAU AS MEETING THE CRITERIA OF THE ACT OF MARCH 4, 1971
    10  (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, AND
    11  EMPLOYED BY A TAXPAYER IN THIS COMMONWEALTH.
    12     "Agency."  The Pennsylvania Higher Education Assistance
    13  Agency.
    14     "Community college."  An institution established pursuant to
    15  Article XIX-A of the act of March 10, 1949 (P.L.30, No.14),
    16  known as the Public School Code of 1949, or the former act of
    17  August 24, 1963 (P.L.1132, No.484), known as the Community
    18  College Act of 1963.
    19     "INDEPENDENT INSTITUTION OF HIGHER EDUCATION."  ANY            <--
    20  ACCREDITED NONPROFIT PRIVATE OR INDEPENDENT COLLEGE OR
    21  UNIVERSITY LOCATED IN THIS COMMONWEALTH.
    22     "State-owned university."  A university which is part of the
    23  State System of Higher Education as established under Article
    24  XX-A of the act of March 10, 1949 (P.L.30, No.14), known as the
    25  Public School Code of 1949, and all branches and campuses of a
    26  State-owned university.
    27     "State-related university."  Any of the following
    28  universities, including any of their branch campuses:
    29         (1)  The Pennsylvania State University.
    30         (2)  The University of Pittsburgh.
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     1         (3)  Temple University.
     2         (4)  Lincoln University.
     3     "VOLUNTEER AMBULANCE SERVICE."  AS DEFINED IN SECTION 102 OF   <--
     4  THE ACT OF JULY 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER
     5  FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT ACT.
     6     "VOLUNTEER FIRE COMPANY."  AS DEFINED IN SECTION 102 OF THE
     7  ACT OF JULY 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER
     8  FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT ACT.
     9     "VOLUNTEER RESCUE COMPANY."  AS DEFINED IN SECTION 102 OF THE
    10  ACT OF JULY 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER
    11  FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT ACT.
    12  Section 3.  Tuition assistance program.
    13     (a)  Establishment.--The Volunteer Firefighter and Emergency
    14  Services Postsecondary Education Tuition Reimbursement Program
    15  is established in the agency.
    16     (b)  Credits or payments.--The tuition reimbursement program
    17  shall consist of a credit or payment by TO a community college,   <--
    18  State-owned university or, State-related university OR            <--
    19  INDEPENDENT INSTITUTION OF HIGHER EDUCATION of 50% of a
    20  qualified student's share of tuition for each course credit       <--
    21  CREDIT COURSE NOT TO EXCEED THE ACTUAL COST, with payment from    <--
    22  the Commonwealth AGENCY going directly to the community college,  <--
    23  State-owned university or, State-related university OR            <--
    24  INDEPENDENT INSTITUTION OF HIGHER EDUCATION for such credits or
    25  payments. IN THE CASE OF AN INDEPENDENT INSTITUTION OF HIGHER     <--
    26  EDUCATION, THE AGENCY SHALL REIMBURSE THE INSTITUTION UP TO A
    27  MAXIMUM OF 50% OF THE STATE-RELATED INSTITUTIONS' AVERAGE
    28  TUITION COST.
    29     (c)  Qualifications.--Any applicant who meets the following
    30  criteria shall be eligible for tuition assistance under this
    20080S1315B2096                  - 3 -     

     1  act:
     2         (1)  The applicant must be a resident of this
     3     Commonwealth.
     4         (2)  The applicant has successfully completed the          <--
     5     requirements for and has received certification as a
     6     Firefighter I, II or III, Fire Officer I or II or Fire
     7     Instructor I or II from the Pennsylvania Fire Academy or one
     8     of its delegated authorities consistent with the National
     9     Board of Professional Qualifications or the applicant is
    10     certified as an Emergency Medical Technician by the
    11     Department of Health as provided for in the act of July 3,
    12     1985 (P.L.164, No.45), known as the Emergency Medical
    13     Services Act.
    14         (2)  THE APPLICANT MUST BE AN ACTIVE VOLUNTEER EMERGENCY   <--
    15     MEDICAL SERVICES WORKER OR VOLUNTEER FIREFIGHTER.
    16         (3)  The applicant must provide the community college,
    17     State-owned university or, State-related university OR         <--
    18     INDEPENDENT INSTITUTION OF HIGHER EDUCATION with a sworn
    19     statement of fact by the fire chief, president or
    20     commissioner of a volunteer fire department, nonprofit
    21     ambulance service, nonprofit rescue squad or nonprofit
    22     hazardous material response team, of which the applicant is a
    23     volunteer, attesting that the applicant has participated in
    24     at least 30% of the volunteer organization's emergency
    25     responses within the last 18 months. A junior volunteer 16
    26     through 18 years of age must have participated in at least
    27     20% of the emergency responses and have attended at least 20
    28     hours of training or classroom instruction on an annual
    29     basis, as certified by the fire chief, president or
    30     commissioner of the volunteer organization.
    20080S1315B2096                  - 4 -     

     1         (4)  The applicant must make an application to the agency  <--
     2     for any other financial assistance.
     3         (4)  THE APPLICANT MUST BE ENROLLED IN A PROGRAM OF        <--
     4     UNDERGRADUATE STUDY LEADING TO AN ASSOCIATE'S OR BACHELOR'S
     5     DEGREE.
     6         (5)  THE APPLICANT MUST MAKE AN APPLICATION TO THE
     7     AGENCY.
     8     (d)  Limitation.--No applicant shall be eligible for tuition
     9  reimbursement under this act for more than five academic years.   <--
    10  FIVE ACADEMIC YEARS FOR FULL-TIME STUDENTS OR AN EQUIVALENT       <--
    11  THEREOF FOR PART-TIME STUDENTS.
    12  Section 4.  Reimbursement of tuition costs.
    13     The agency shall reimburse the community college, State-owned
    14  university or State-related university an amount equal to 50% of
    15  the cost of a course credit for each course where tuition
    16  reimbursement is granted pursuant to this act. IN THE CASE OF AN  <--
    17  INDEPENDENT INSTITUTION OF HIGHER LEARNING, THE AGENCY SHALL
    18  REIMBURSE THE INSTITUTION UP TO A MAXIMUM OF 50% OF THE STATE-
    19  RELATED INSTITUTIONS' AVERAGE TUITION COST FOR EACH COURSE WHERE
    20  TUITION REIMBURSEMENT IS GRANTED PURSUANT TO THIS ACT. The
    21  reimbursements shall be verified by enrollment and itemized by
    22  the applicant for auditing purposes under this act. The
    23  reimbursements shall be made annually by the agency to the
    24  appropriate community college, State-related university or
    25  State-owned university. IF INSUFFICIENT FUNDS ARE APPROPRIATED    <--
    26  TO MAKE PAYMENTS PURSUANT TO THIS SECTION, THE PAYMENTS SHALL BE
    27  MADE ON A PRO RATA BASIS.
    28  Section 5.  Funding.
    29     The General Assembly shall annually include in the             <--
    30  appropriation to the Pennsylvania Higher Education Assistance
    20080S1315B2096                  - 5 -     

     1  Agency in the General Appropriation Act an appropriation from
     2  the General Fund in an amount sufficient to make tuition
     3  reimbursement payments pursuant to this act.
     4     FUNDING FOR THIS ACT SHALL BE DEPENDENT ON ANNUAL              <--
     5  APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
     6  Section 6.  Regulations.
     7     The agency shall in a manner provided by law promulgate rules
     8  and regulations necessary to carry out this act.
     9  Section 7 30.  Effective date.                                    <--
    10     This act shall take effect July 1, 2008, or immediately,
    11  whichever is later.













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