AN ACT

 

1Requiring certain institutions of higher education that enter
2into consent decrees which impose fines to pay the fines into
3endowments under certain circumstances; and providing for
4duties of the Pennsylvania Commission on Crime and
5Delinquency.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Short title.

9This act shall be known and may be cited as the Institution
10of Higher Education Consent Decree Endowment Act.

11Section 2.  Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Commission."  The Pennsylvania Commission on Crime and
16Delinquency.

17"Governing body."  The body of an organization or legal
18entity with which an institution of higher education is

1associated and which body may impose a fine or penalty against
2the institution of higher education.

3"Institution of higher education."  A postsecondary
4educational institution in this Commonwealth that receives a
5direct appropriation from an act of the General Assembly.

6Section 3.  Consent decree fine endowments.

7(a)  General rule.--If an institution of higher education
8enters into a consent decree with a governing body and the
9consent decree:

10(1)  requires the institution of higher education to pay
11a fine of at least $10,000,000 in installments over a time
12period in excess of one year; and

13(2)  provides that the fine will be used for a specific
14purpose,

15then the institution of higher education shall pay the fine to
16an endowment that complies with the provisions of subsection
17(b).

18(b)  Requirements of endowment.--An endowment under
19subsection (a) shall satisfy the following requirements:

20(1)  The endowment shall be a separate trust fund in the
21State Treasury and the State Treasurer shall be custodian
22thereof. The State Treasurer shall invest the money in the
23endowment subject to the prudent investor provisions of 20
24Pa.C.S. § 7203 (relating to prudent investor rule). The
25moneys of the separate trust fund are appropriated to the
26commission on a continuing basis to carry out the provisions
27of this act.

28(2)  The endowment shall be authorized to accept
29donations from any source.

30(3)  The commission shall expend the money of the

1endowment in accordance with the purposes enumerated in the
2consent decree and subject to the provisions of paragraph
3(4).

4(4)  Unless otherwise expressly stated in the consent
5decree, the funds may only be used within this Commonwealth
6for the exclusive benefit of the residents of this
7Commonwealth and on any of the following:

8(i)  Programs or projects preventing child sexual
9abuse and or assisting the victims of child sexual abuse.

10(ii)  Multidisciplinary investigative teams
11established under 23 Pa.C.S. (relating to Domestic
12Relations).

13(iii)  Child advocacy centers.

14(iv)  Victim service organizations that provide
15services to children subjected to sexual abuse.

16(v)  Training of persons who are mandated by law to
17report child sexual abuse or to treat victims of child
18sexual abuse.

19(5)  If the endowment is established to exist for at
20least five years:

21(i)  During the first five years, not more than 50%
22of the fines paid into the endowment shall be expended
23annually as provided in paragraphs (3) and (4).

24(ii)  Each year thereafter, all interest and earnings
25of the endowment shall be expended as provided in
26paragraphs (3) and (4).

27Section 4.  Duties of commission.

28Within 12 months of the effective date of a consent decree
29subject to an endowment under this act, the commission shall:

30(1)  Develop a form for applicants to use for requesting

1money from the endowment established by the consent decree.

2(2)  Establish a timeline for reviewing applications and
3approving expenditures from the endowment.

4(3)  Develop methodology to equitably approve payments to
5applicants throughout all geographic areas of this
6Commonwealth.

7Section 5.  Applicability.

8This act shall apply to all fines paid or due under consent
9decrees regardless of the payment date.

10Section 6.  Effective date.

11This act shall take effect immediately.

 

See other bills
under the
same topic