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PRIOR PRINTER'S NO. 762
PRINTER'S NO. 1305
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
804
Session of
2023
INTRODUCED BY BURNS, RABB, BOYLE, PROBST, KENYATTA, VENKAT,
SANCHEZ, HILL-EVANS, GALLOWAY, N. NELSON, DELLOSO, CIRESI,
OTTEN, ABNEY, MERSKI, PISCIOTTANO, ZIMMERMAN, D. WILLIAMS,
HOWARD, DEASY, MADDEN, WARREN, RAPP, TAKAC, CONKLIN, GILLEN
AND WEBSTER, APRIL 3, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 23, 2023
AN ACT
Amending the act of December 15, 1982 (P.L.1266, No.287),
entitled "An act conferring limited residency status on
military personnel, their dependents and civilian personnel
assigned to an active duty station in Pennsylvania," further
providing for residency of students.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1(a.1) and (a.2) of the act of December
15, 1982 (P.L.1266, No.287), entitled "An act conferring limited
residency status on military personnel, their dependents and
civilian personnel assigned to an active duty station in
Pennsylvania," are amended to read:
SECTION 1. SECTION 1 OF THE ACT OF DECEMBER 15, 1982
(P.L.1266, NO.287), ENTITLED "AN ACT CONFERRING LIMITED
RESIDENCY STATUS ON MILITARY PERSONNEL, THEIR DEPENDENTS AND
CIVILIAN PERSONNEL ASSIGNED TO AN ACTIVE DUTY STATION IN
PENNSYLVANIA," IS AMENDED TO READ:
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Section 1. * * * (A) GENERAL RULE.--THE TERM "RESIDENT" OR
"RESIDENCY," OR ANY OTHER TERM OR EXPRESSION USED TO DESIGNATE A
COMMONWEALTH RESIDENT STUDENT, WHEN USED TO DETERMINE THE RATE
OF TUITION TO BE CHARGED STUDENTS ATTENDING COMMUNITY COLLEGES,
PUBLIC INSTITUTIONS OF HIGHER LEARNING [AND STATE-RELATED AND
STATE-OWNED INSTITUTIONS OF HIGHER LEARNING], STATE-RELATED
INSTITUTIONS, STATE-OWNED INSTITUTIONS AND PRIVATE INSTITUTIONS
SHALL BE CONSTRUED TO MEAN AND INCLUDE ANY VETERANS, THEIR
SPOUSES AND DEPENDENT CHILDREN WHO DO NOT CURRENTLY RESIDE IN
PENNSYLVANIA. THE TERM SHALL ALSO BE CONSTRUED TO MEAN AND
INCLUDE MILITARY PERSONNEL, THEIR SPOUSES AND DEPENDENT CHILDREN
WHO ARE ASSIGNED TO AN ACTIVE DUTY STATION IN PENNSYLVANIA AND
WHO RESIDE IN PENNSYLVANIA AND ANY CIVILIAN PERSONNEL, THEIR
SPOUSES AND DEPENDENT CHILDREN EMPLOYED AT A DEPARTMENT OF
DEFENSE FACILITY WHO ARE TRANSFERRED TO PENNSYLVANIA BY THE
DEPARTMENT OF DEFENSE AND WHO RESIDE IN PENNSYLVANIA.
(a.1) Public institutions of higher learning [or State-
related or State-owned], STATE-RELATED INSTITUTIONS, STATE-OWNED
INSTITUTIONS AND PRIVATE institutions.--Veterans, their spouses
and dependent children, military personnel, their spouses and
dependent children and civilian personnel, their spouses and
dependent children who are admitted to a public institution of
higher learning [or a State-related or State-owned], STATE-
RELATED INSTITUTION, STATE-OWNED INSTITUTION OR PRIVATE
institution shall be charged resident tuition rates provided
that the student is a resident under this section [on the first
day of the semester or term of the institution.] on the date of
deposit confirming their intent to enroll, begins enrollment
within the corresponding term for which the deposit was made and
remains in continuous enrollment at the institution.
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(a.2) Community colleges.--Veterans, their spouses and
dependent children, military personnel, their spouses and
dependent children and civilian personnel, their spouses and
dependent children who are admitted to a community college shall
be charged the local sponsor rate provided that the student is a
resident under this section [on the first day of the semester or
term of the college.] on the date of enrollment, registers for
the corresponding term and remains in continuous enrollment at
the institution.
* * *
(A.3) DISTANCE LEARNING TUITION.--A COMMUNITY COLLEGE,
PUBLIC INSTITUTION OF HIGHER LEARNING [OR STATE-RELATED OR
STATE-OWNED INSTITUTION OF HIGHER LEARNING], STATE-RELATED
INSTITUTION, STATE-OWNED INSTITUTION OR PRIVATE INSTITUTION
SHALL CHARGE RESIDENT TUITION RATES TO ANY ACTIVE MILITARY
PERSONNEL AND THEIR DEPENDENTS WHO ARE TAKING COLLEGE COURSES OR
RECEIVING OTHER EDUCATION SERVICES THROUGH THE INTERNET OR BY
OTHER ELECTRONIC MEANS.
(A.4) ELIGIBILITY.--A VETERAN AND HIS SPOUSE AND DEPENDENT
CHILDREN OR ANY OTHER INDIVIDUAL SHALL BE CHARGED A RESIDENT
TUITION RATE OR LOCAL SPONSOR RATE AS PROVIDED FOR UNDER THIS
ACT IF THE INDIVIDUAL IS ELIGIBLE TO RECEIVE BENEFITS UNDER ANY
OF THE FOLLOWING:
(1) 10 U.S.C. CHS. 1606 (RELATING TO EDUCATIONAL
ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE) AND 1607
(RELATING TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT
MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER
OPERATIONS).
(2) 38 U.S.C. CH. 30 (RELATING TO ALL-VOLUNTEER FORCE
EDUCATIONAL ASSISTANCE PROGRAM).
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(3) 38 U.S.C. CH. 31 (RELATING TO TRAINING AND
REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED
DISABILITIES).
(4) 38 U.S.C. CH. 33 (RELATING TO POST-9/11 EDUCATIONAL
ASSISTANCE).
(A.5) ADDITIONAL ELIGIBILITY.--A CHILD, A SPOUSE OR A
SURVIVING SPOUSE WHO IS ELIGIBLE TO RECEIVE BENEFITS UNDER 38
U.S.C. CH. 35 (RELATING TO SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE) SHALL ALSO BE CHARGED A RESIDENT TUITION
RATE OR LOCAL SPONSOR RATE UNDER THE APPROPRIATE TERMS AND
CONDITIONS OF SUBSECTION (A.1), (A.2) OR (A.3).
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN THEM IN THIS
SUBSECTION:
"COMMUNITY [COLLEGES." INSTITUTIONS NOW OR HEREAFTER CREATED
PURSUANT TO] COLLEGE." AN INSTITUTION ESTABLISHED UNDER ARTICLE
XIX-A OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE
PUBLIC SCHOOL CODE OF 1949, OR THE ACT OF AUGUST 24, 1963
(P.L.1132, NO.484), KNOWN AS THE COMMUNITY COLLEGE ACT OF 1963.
"LOCAL SPONSOR." A SCHOOL DISTRICT, MUNICIPALITY OR COUNTY
BOARD OF SCHOOL DIRECTORS, OR ANY COMBINATION OF SCHOOL
DISTRICTS, MUNICIPALITIES OR COUNTY BOARDS OF SCHOOL DIRECTORS,
THAT PARTICIPATE OR PROPOSE TO PARTICIPATE IN THE ESTABLISHMENT
AND OPERATION OF A COMMUNITY COLLEGE.
"LOCAL SPONSOR RATE." THE TUITION CHARGED TO AN INDIVIDUAL
WHO IS A RESIDENT OF A SCHOOL DISTRICT OR MUNICIPALITY THAT IS A
MEMBER OF THE LOCAL SPONSOR OF THE COMMUNITY COLLEGE.
"MEMBER OF A LOCAL SPONSOR." A SCHOOL DISTRICT OR
MUNICIPALITY THAT, ALONE OR WITH OTHER DISTRICTS AND
MUNICIPALITIES, IS INCLUDED IN A LOCAL SPONSOR.
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"PRIVATE INSTITUTION." AN INSTITUTION OF HIGHER EDUCATION,
OTHER THAN A STATE-RELATED INSTITUTION, THAT RECEIVES A
NONPREFERRED APPROPRIATION FROM THE COMMONWEALTH.
"PUBLIC INSTITUTION OF HIGHER LEARNING." A PUBLIC
INSTITUTION LICENSED OR REGISTERED UNDER THE ACT OF DECEMBER 15,
1986 (P.L.1585, NO.174), KNOWN AS THE PRIVATE LICENSED SCHOOLS
ACT, AND APPROVED TO OFFER A PROGRAM CULMINATING IN AN ASSOCIATE
IN SPECIALIZED BUSINESS DEGREE OR AN ASSOCIATE IN SPECIALIZED
TECHNOLOGY DEGREE.
"STATE-OWNED [INSTITUTIONS." THOSE INSTITUTIONS WHICH ARE]
INSTITUTION." AN INSTITUTION THAT IS PART OF THE STATE SYSTEM
OF HIGHER EDUCATION PURSUANT TO ARTICLE XX-A OF THE ACT OF MARCH
10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF
1949.
"STATE-RELATED [INSTITUTIONS] INSTITUTION." ANY OF THE
FOLLOWING INSTITUTIONS, INCLUDING ANY OF THEIR BRANCH CAMPUSES:
(1) THE PENNSYLVANIA STATE UNIVERSITY[, THE].
(2) THE UNIVERSITY OF PITTSBURGH[,].
(3) TEMPLE UNIVERSITY [AND].
(4) LINCOLN UNIVERSITY [AND THEIR BRANCH CAMPUSES].
"VETERAN." AN INDIVIDUAL WHO SERVED IN THE UNITED STATES
ARMED FORCES, INCLUDING A RESERVE COMPONENT OR THE NATIONAL
GUARD AND WHO WAS DISCHARGED OR RELEASED FROM SERVICE UNDER
CONDITIONS OTHER THAN DISHONORABLE. THE TERM INCLUDES AN
INDIVIDUAL DESCRIBED IN 38 U.S.C. ยง 3319(B) (RELATING TO
AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS TO FAMILY
MEMBERS).
Section 2. This act shall take effect in 60 days.
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