AN ACT

 

1Requiring certain institutions of higher education that enter
2into <-consent decrees agreements with governing bodies which
3impose <-fines monetary penalties to pay the fines monetary 
4penalties into endowments under certain circumstances; and
5providing for duties of the Pennsylvania Commission on Crime
6and Delinquency.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Short title.

10This act shall be known and may be cited as the Institution
11of Higher Education Consent Decree<- Monetary Penalty Endowment
12Act.

13Section 2. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17"Commission." The Pennsylvania Commission on Crime and
18Delinquency.

1"Governing body." The body of an<- An organization or legal
2entity with which an institution of higher education is
3associated and which body may impose a fine or<- monetary penalty
4against the institution of higher education.

5"Institution of higher education." A postsecondary
6educational institution in this Commonwealth that receives a<- 
7direct<- an annual appropriation from an act of the General
8Assembly.

9Section 3. Consent decree fine<- Monetary penalty endowments.

10(a) General rule.--If an institution of higher education
11enters <-into a consent decree with a governing body and the 
12consent decree:

13(1) requires the institution of higher education to pay 
14a fine of pa<-ys a monetary penalty pursuant to an agreement 
15entered into with a governing body and:

16(1) the monetary penalty is at least $10,000,000 in
17installments over a time period in excess of one year; and

18(2) the agreement<- provides that the fine monetary 
19penalty will be used for a specific purpose,

20then the institution of higher education shall pay the fine to<-
21monetary penalty shall be deposited into<- an endowment that
22complies with the provisions of subsection (b).

23(b) Requirements of endowment.--An endowment under
24subsection (a) shall satisfy the following requirements:

25(1) The endowment shall be established as<- a separate
26trust fund in the State Treasury and the State Treasurer
27shall be custodian thereof. The State Treasurer shall invest
28the money in the endowment subject to the prudent investor
29provisions of 20 Pa.C.S. § 7203 (relating to prudent investor 
30rule). The moneys of the separate trust fund are appropriated

1to the commission on a continuing basis to carry out the
2provisions of this act.

3(2) The<- In addition to the monetary penalty deposited 
4into the endowment, the endowment shall be authorized to
5accept donations from any source.

6(3) The commission shall expend the money of the
7endowment in accordance with the purposes enumerated in the
8consent decree<- agreement between the institution of higher 
9education and the governing body and subject to the
10provisions of paragraph (4).

11(4) Unless otherwise expressly stated in the consent<- 
12decree<- agreement, the funds may only be used within this
13Commonwealth for the exclusive<- benefit of the residents of
14this Commonwealth and on any of the following:

15(i) Programs or projects preventing child sexual
16abuse and or assisting the victims of child sexual abuse.

17(ii) Multidisciplinary investigative teams
18established under 23 Pa.C.S. (relating to Domestic
19Relations).

20(iii) Child advocacy centers.

21(iv) Victim service organizations that provide
22services to children subjected to sexual abuse.

23(v) Training of persons who are mandated by law to
24report child sexual abuse or to treat victims of child
25sexual abuse.

26(5) If the endowment is established to exist for at
27least five years:

28(i) During the first five years, not more than 50%
29of the fines<- monetary penalties paid into the endowment
30shall be expended annually as provided in paragraphs (3)

1and (4).

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

5Section 4. Duties of commission.

6(a) General rule.--<-Within 12 months of the effective date of
<-7a consent decree an agreement subject to an endowment under this
8act, the commission shall:

9(1) Develop a form for applicants to use for requesting
10money from the endowment established by the consent decree<- 
11agreement<-.

12(2) Establish a timeline for reviewing applications and
13approving expenditures from the endowment.

14(3) Develop methodology to equitably approve payments to
15applicants throughout all geographic areas of this
16Commonwealth.

<-17(b) Reporting.--For an endowment established under this act,
18the commission shall:

19(1) Provide notice of any proposed expenditure of money
20from the endowment to the President pro tempore of the
21Senate, the Majority and Minority Leaders of the Senate and
22the Chairman and Minority Chairman of the Appropriations
23Committee of the Senate, the Speaker of the House of
24Representatives, the Majority and Minority Leaders of the
25House of Representatives and Chairman and Minority Chairman
26of the Appropriations Committee of the House of
27Representatives for review and comment. No proposed
28expenditure of money from the endowment may occur until 30
29days after the date of the notice for the proposed
30expenditure.

1(2) Provide an annual report itemizing all approved
2expenditures of money from the endowment to the President pro
3tempore of the Senate, the Majority and Minority Leaders of
4the Senate and the Chairman and Minority Chairman of the
5Appropriations Committee of the Senate, the Speaker of the
6House of Representatives, the Majority and Minority Leaders
7of the House of Representatives and Chairman and Minority
8Chairman of the Appropriations Committee of the House of
9Representatives. The report shall include the name of each
10organization receiving an expenditure from the endowment, the
11amount received by each organization and summary information
12aggregating expenditures by expenditure category pursuant to
13section 3(b)(4).

14Section 5. Applicability.

15This act shall apply to all fines<- monetary penalties paid or
16due <-payable under consent decrees agreements between 
17institutions of higher education and governing bodies regardless
18of the payment date.

19Section 6. Effective date.

20This act shall take effect immediately.

 

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