PRINTER'S NO. 2057
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1211
Session of
2015
INTRODUCED BY BREWSTER, COSTA, KITCHEN, TEPLITZ, TARTAGLIONE,
FARNESE, SCHWANK, BLAKE, DINNIMAN, YUDICHAK, HUTCHINSON,
WILEY, WILLIAMS, BROWNE AND HUGHES, SEPTEMBER 16, 2016
REFERRED TO EDUCATION, SEPTEMBER 16, 2016
AN ACT
Providing for Commonwealth support for an Alcohol and Drug
Addiction Counselor Loan Forgiveness Program for qualified
alcohol and drug addiction loan forgiveness applicants.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Alcohol and
Drug Addiction Counselor Loan Forgiveness Program Act.
Section 2. Findings and declaration of purpose.
The General Assembly finds and declares that:
(1) Community-based alcohol and drug addiction treatment
services offer lifelong supports and opportunities for a
meaningful quality of life, in fulfillment of Federal and
State laws.
(2) Treatment of alcohol and other drug addiction is a
crucial investment in our health care, in the stability of
our families and in protecting the public safety.
(3) A qualified and stable work force is the key to
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quality alcohol and drug addiction counseling services.
(4) The pool of qualified staff members has diminished,
while alcohol and drug addiction has become an epidemic.
(5) The number of college students planning to enter the
alcohol and drug addiction counseling professions appears to
be inadequate to meet the need for staff members in this
Commonwealth.
(6) Demand from industry and other opportunities attract
potential staff members away from these professions.
(7) Payment of a portion of student loans for alcohol
and drug addiction counselors serves the important public
purpose of encouraging new staff members to pursue careers in
this Commonwealth.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Counselor." A counselor assistant, counselor or clinical
supervisor.
"Licensed alcohol and drug addiction treatment facility." An
alcohol or drug addiction treatment facility licensed by the
Department of Health to provide addiction treatment services.
"Qualified alcohol and drug addiction loan forgiveness
applicant." A person who meets all of the following criteria:
(1) Is a resident of this Commonwealth.
(2) Has successfully completed a two-year or four-year
academic degree or diploma or graduate level academic degree
or diploma at an accredited college or university.
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(3) Has been hired as a full-time counselor by a
licensed alcohol and drug addiction treatment facility.
(4) Has successfully completed the first six months of
full-time employment as a counselor at a licensed alcohol and
drug addiction treatment facility and remains in good
standing with the facility.
(5) Has borrowed through and has a current outstanding
balance with guaranteed Stafford or consolidation loan
programs administered by the Pennsylvania Higher Education
Assistance Agency.
"Qualified applicant." A qualified alcohol and drug
addiction loan forgiveness applicant.
Section 4. Alcohol and Drug Addiction Counselor Loan
Forgiveness Program.
(a) Components.--Components shall be as follows:
(1) A qualified applicant who is selected for the
Alcohol and Drug Addiction Counselor Loan Forgiveness Program
in accordance with this act shall be eligible for payment by
the agency of a portion of the debt incurred by the applicant
through the agency-administered guaranteed Stafford or
consolidation loan programs for the education necessary to be
an alcohol and drug addiction counselor in this Commonwealth
if the qualified applicant enters into a contract with the
agency that requires the qualified recipient to remain
employed as a full-time alcohol and drug addiction counselor
in this Commonwealth for a period of two consecutive years.
(2) The agency may forgive a proportional part of the
applicant's loan so that the loan may be entirely forgiven
over four years of full-time staff work. No more than $7,500
shall be forgiven in any year, and no more than $30,000 shall
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be forgiven for any applicant.
(3) Payments shall be made in accordance with the
procedures established by the agency.
(4) The contract entered into with the agency under
paragraph (1) shall be considered a contract with the
Commonwealth and shall include the following terms:
(i) The recipient shall agree to be employed by a
licensed alcohol and drug addiction treatment facility
located within this Commonwealth for a period of no less
than four years in the field.
(ii) The recipient shall permit the agency to
determine compliance with the work requirement and all
other terms of the contract.
(iii) Upon the recipient's death or total or
permanent disability, the agency shall nullify the
service obligation of the recipient.
(iv) If the recipient is convicted of or pleads
guilty or no contest to a felony, the agency shall have
the authority to terminate the recipient's service in the
program and demand repayment of the amount of the loan as
of the date of the conviction.
(v) Loan recipients who fail to begin or complete
the obligations contracted for shall pay to the agency
the amount of the loan received under the terms of the
contract under this section. Providing false information
or misrepresentation on an application or verification of
service shall be deemed a default. Determination as to
the time of the default shall be made by the agency.
(b) Limitation.--A loan forgiveness award under this act
shall not be made for a loan that is in default at the time of
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the application. Loan forgiveness provided under the provisions
of this act shall not be concurrently awarded to a recipient of
another Commonwealth-provided loan forgiveness program.
Section 5. Tax applicability.
Loan forgiveness repayments by a student shall not be
considered taxable income for purposes of Article II of the act
of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
Section 6. Annual report.
(a) Development of report.--The agency shall publish a
report by October 1, 2017, and every year thereafter for the
immediately preceding fiscal year. The report shall include
information regarding the operation of the program, including:
(1) The number and amount of alcohol and drug addiction
counselor contracts executed and renewed for alcohol and drug
addiction counselor loan forgiveness applicants.
(2) The number of defaulted alcohol and drug addiction
counselor contracts, reported by cause.
(3) The number of full-time staff employees of licensed
alcohol and drug addiction facilities participating in the
program, reported by type of institution attended, including
four-year educational institutions, community colleges and
independent two-year colleges.
(4) The number and type of enforcement actions taken by
the agency.
(b) Submission.--The annual report shall be submitted to the
Governor, the chair and minority chair of the Appropriations
Committee of the Senate, the chair and minority chair of the
Appropriations Committee of the House of Representatives, the
chair and minority chair of the Education Committee of the
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Senate, the chair and minority chair of the Education Committee
of the House of Representatives, the chair and minority chair of
the Public Health and Welfare Committee of the Senate and the
chair and minority chair of the Health and Human Services
Committee of the House of Representatives.
Section 7. Appeals.
The provisions of this act shall be subject to 22 Pa. Code
Ch. 121 (relating to student financial aid).
Section 8. Loan forgiveness awards.
Recipients of loan forgiveness awards under this act shall be
those alcohol and drug addiction counselors who are working in
and who have received a satisfactory rating from a licensed
alcohol and drug addiction treatment facility. Alcohol and drug
addiction counselors shall be required to submit such
documentation of eligibility as the agency may require,
including documentation to indicate full-time employment, as
full-time employment is defined by a licensed alcohol or drug
addiction treatment facility. The documentation shall be
presented to the agency in the form of a letter from the
applicant's employer stating that the applicant is employed by a
licensed alcohol and drug addiction facility and that the
applicant performs the applicant's duties in a satisfactory
manner.
Section 9. Funding.
Loan forgiveness awards under this act may be made to the
extent that funds are appropriated by the General Assembly and
are sufficient to cover the administration of the program. In
the event that funding is insufficient to fully fund
administration and all eligible applicants, priority shall be
given to renewal applicants. Thereafter, the agency shall
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utilize a random lottery system for determining which applicants
receive loan forgiveness awards.
Section 10. Responsibility of agency.
The agency shall administer the Alcohol and Drug Addiction
Counselor Loan Forgiveness Program established by this act and
shall adopt such regulations, policies, procedures and forms as
are necessary and not inconsistent with the provisions of this
act.
Section 11. Effective date.
This act shall take effect in 60 days.
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