PRINTER'S NO. 1756
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1226
Session of
2015
INTRODUCED BY VULAKOVICH, BAKER, COSTA, GORDNER, RESCHENTHALER,
SABATINA, SCAVELLO AND TEPLITZ, MAY 4, 2016
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MAY 4, 2016
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in State Veterans' Commission and
Deputy Adjutant General for Veterans' Affairs, further
providing for specific powers and duties and for Veterans'
Trust Fund; and, in Veterans' Emergency Assistance, further
providing for definitions, for purpose, for eligibility, for
amounts of assistance and for appeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1704(4) and 1721(c) and (d) of Title 51
of the Pennsylvania Consolidated Statutes are amended to read:
§ 1704. Specific powers and duties.
The commission shall have the following powers and duties:
* * *
(4) Oversee veterans' [emergency] temporary assistance
payments under Chapter 85 (relating to veterans' [emergency]
temporary assistance).
* * *
§ 1721. Veterans' Trust Fund.
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(c) Authorized purposes.--The department may expend money
from the Veterans' Trust Fund for the following purposes:
(1) Grants for programs or projects to support
Pennsylvania veterans and their families to:
[(i) the Pennsylvania Veterans Foundation;]
(ii) veterans' service organizations; and
(iii) other [Statewide] charitable organizations
with a primary mission to serve Pennsylvania veterans.
(2) Grants or funding for new, innovative and expanded
activities or programs operated by a county director of
veterans affairs or the State Association of County Directors
of Veterans Affairs.
[(3) Grants to Statewide veterans' service organizations
in addition to the grants authorized and funded under section
9304 (relating to grants to veterans' service officer
programs).]
(4) Assistance to Pennsylvania veterans in need of
shelter or other necessities of living to the extent that
other funds or resources are not available under Chapter 85
(relating to veterans' temporary assistance).
(5) Assistance to operate, maintain and repair
Pennsylvania monuments honoring Pennsylvania service members
and veterans who served in the United States or overseas.
(6) Payments to the Motor License Fund for actual costs
incurred by the Department of Transportation to implement 75
Pa.C.S. §§ 1320 (relating to contributions to Veterans' Trust
Fund) and 1510 (relating to issuance and content of driver's
license).
(7) Department-sponsored training and informational
programs for Pennsylvania veterans. No more than 10% of the
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balance in the fund as of October 1 of the previous year may
be used for this purpose.
(d) Contributions.--The department may solicit and accept
gifts, donations, legacies and other money for deposit into the
fund from a person, a foundation, a tax-exempt organization
under section 501(c)(3) of the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. § 501(c)(3)), an estate or a
government entity on behalf of the Commonwealth.
* * *
Section 2. The heading of Chapter 85 of Title 51 is amended
to read:
CHAPTER 85
VETERANS' [EMERGENCY] TEMPORARY ASSISTANCE
Section 3. Sections 8501, 8502, 8503, 8504 and 8505 of Title
51 are amended to read:
§ 8501. 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:
"Commission." The State Veterans' Commission established
under section 1702 (relating to State Veterans' Commission).
"Eligible veteran." [A former member of the military or
naval service of the United States, or women's organization
officially connected therewith, who:
(1) served during a period of war or armed conflict and
was honorably discharged from the armed forces;
(2) died in service or was killed in action during a
period of war or armed conflict; or
(3) as a result of peacetime hostile fire or terrorist
attack as determined by the department, was killed or
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suffered a service-connected disability as certified by the
United States Veterans' Administration and, if surviving, was
honorably discharged from the armed forces.]
A person who served in the armed forces of the United
States, including a reserve component and the National Guard,
or a women's organization officially connected therewith,
who:
(1) was discharged under honorable conditions after a
period of active duty, other than active duty for training,
as evidenced by a DD-Form 214 or NGB-22;
(2) died in service or was killed in action; or
(3) suffered a service-connected disability as certified
by the United States Department of Veterans Affairs.
"Emergency." A sudden or unexpected loss of income due to
sickness, disability, unemployment or other cause beyond the
control of the applicant for emergency assistance.
"Necessities of living." Water, food, shelter, clothing,
health care, personal vehicle, essential furnishings, utilities,
transportation, communication and laundry services to the extent
not provided by other government programs.
"Need for temporary assistance." Financial circumstances
resulting in insufficient funds to pay for necessities of living
for a veteran and family members of the veteran when any of the
following occur:
(1) The veteran is temporarily unable to obtain or
maintain the necessities of living without undue hardship.
(2) The need is caused by a loss of income, assets or
support due to sickness, disability, unemployment, natural or
manmade disaster or other cause beyond the control of, and
not as a result of misconduct by, the applicant.
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(3) The need is caused by an increase in costs of
obtaining or maintaining necessities of living beyond the
control of, and not as a result of misconduct by, the
applicant.
"Program." The Veterans' Temporary Assistance Program under
this chapter.
"Surviving dependents." The following are considered
surviving dependents of a deceased eligible veteran:
(1) The unmarried surviving spouse of the deceased
eligible veteran.
(2) If there is no unmarried spouse of a deceased
eligible veteran, the unmarried minor children, children who,
before attaining the age of 18, became permanently incapable
of self-support, and children who are less than 23 years of
age and are pursuing a full-time course of instruction at an
approved educational institution, provided they were, on the
death of the eligible veteran, dependent on the eligible
veteran for more than 50% of the cost of their support.
(3) If the eligible veteran is not survived by a spouse
or dependent children, the surviving parents of the eligible
veteran, provided that, on the date of the eligible veteran's
death, they were dependent on the veteran for more than 50%
of the cost of their support.
§ 8502. Purpose.
The purpose of the [Veterans' Emergency Assistance Program]
program is to provide temporary financial assistance to eligible
veterans, their unmarried surviving spouses and surviving
dependents when they face a financial emergency and need
assistance to provide themselves with the necessities of [life]
living.
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§ 8503. Eligibility.
In order to qualify for the [Veterans' Emergency Assistance
Program] program, applicants must demonstrate that:
(1) They are eligible veterans or eligible surviving
dependents of eligible veterans.
[(2) They are domiciliaries of Pennsylvania who
permanently reside exclusively in this Commonwealth.
(3) They are not receiving monetary assistance payable
under the act of June 13, 1967 (P.L.31, No.21), known as the
Public Welfare Code.
(4) They suffered a sudden or unexpected loss of income
or other source of support such that they have a direct and
immediate demonstrable financial need for assistance in order
to provide themselves and their families with food, shelter,
clothing, required medical care and other necessities of
life.]
(2) They are permanent residents of this Commonwealth
who do not maintain residence in any other state for any
purpose.
(3) They are not receiving sufficient monetary
assistance from any Federal or State agency based on the need
for temporary assistance described in the application. The
receipt of f ood stamp assistance does not disqualify an
applicant from eligibility for temporary assistance.
(4) They can provide documentation that other funds or
resources are not available to address the need for temporary
assistance.
(5) They demonstrate an immediate need for temporary
assistance in order to provide themselves and their families
with the necessities of living. The assistance must be
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essential for the applicant to obtain and maintain the
necessities of living. Assistance for the relief of an
inconvenience is deemed nonessential.
§ 8504. Amounts of assistance.
(a) Maximum amount.--In no event shall veterans' [emergency]
temporary assistance payments exceed the established maximum
assistance [payable for a family of the same size under the act
of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
Code] or the documented amount of need, whichever is less.
(b) Standards.--Subject to the limitation set forth in
subsection (a), the [State Veterans' Commission] department
shall [recommend] determine uniform and equitable standards for
the amounts of veterans' [emergency] temporary assistance. The
department shall report periodically to the commission on the
administration and status of the program.
(c) Restrictions.--No person shall be eligible to receive
veterans' [emergency] temporary assistance for more than [three
months] the established maximum assistance in any 12-month
period.
(d) Method; adjustments.--[Veterans' emergency assistance
shall be paid monthly, and no] No payments shall be made in the
form of relief orders. The department may adjust the amounts of
assistance paid under [this] the program so that total payments
do not exceed the amount of [the appropriation] available funds.
§ 8505. Appeals.
Any person aggrieved by a decision denying payment of
veterans' [emergency] temporary assistance may appeal to the
Adjutant General under provisions of [Title 2 (relating to
administrative law and procedure)] 1 Pa. Code § 35.20 (relating
to appeals from actions of the staff).
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Section 4. The Adjutant General shall promulgate regulations
to carry out the amendment of 51 Pa.C.S. Ch. 85.
Section 5. This act shall take effect July 1, 2016, or
immediately, whichever is later.
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