AN ACT

 

1Amending Title 51 (Military Affairs) of the Pennsylvania
2Consolidated Statutes, further providing for Veterans' Trust
3Fund and for military family relief assistance.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 1721(a) and (c) of Title 51 of the
7Pennsylvania Consolidated Statutes, amended October 24, 2012
8(P.L.1602, No.194), are amended by adding paragraphs to read:

9§ 1721. Veterans' Trust Fund.

10(a) Source of revenue.--In addition to transfers under
11section 1719-G of the act of April 9, 1929 (P.L.343, No.176),
12known as The Fiscal Code, the Veterans' Trust Fund shall include
13funds from the following sources:

14(1) Proceeds paid by the Department of Transportation
15under 75 Pa.C.S. § 1320 (relating to contributions to
16Veterans' Trust Fund).

17(2) Amounts payable to the fund under 75 Pa.C.S

1§ 1364(b) (relating to special plates for veterans).

2(3) Grants, gifts, donations and other payments from a
3person or government entity.

4(3.1) On or after January 1, 2015, all moneys received
5from the voluntary contribution system established in section
6315.8 of the act of March 4, 1971 (P.L.6, No.2), known as the
7Tax Reform Code of 1971.

8(4) Money appropriated to the fund.

9* * *

10(c) Authorized purposes.--The department may expend money
11from the Veterans' Trust Fund for the following purposes:

12(1) Grants for programs or projects to support
13Pennsylvania veterans and their families to:

14(i) the Pennsylvania Veterans Foundation;

15(ii) veterans' service organizations; and

16(iii) other Statewide charitable organizations.

17(2) Grants or funding for new, innovative and expanded
18activities or programs operated by a county director of
19veterans affairs or the State Association of County Directors
20of Veterans Affairs.

21(3) Grants to Statewide veterans' service organizations
22in addition to the grants authorized and funded under section
239304 (relating to grants to veterans' service officer
24programs).

25(4) Assistance to Pennsylvania veterans in need of
26shelter or other necessities of living to the extent that
27other funds or resources are not available.

28(5) Assistance to operate, maintain and repair
29Pennsylvania monuments honoring Pennsylvania service members
30and veterans who served in the United States or overseas.

1(5.1) On or after January 1, 2015, assistance to
2eligible present and former service members and eligible
3relatives of eligible present and former service members
4under the Military Family Relief Assistance Program described
5in section 7319 (relating to military family relief
6assistance).

7(6) Payments to the Motor License Fund for actual costs
8incurred by the Department of Transportation to implement 75
9Pa.C.S. §§ 1320 (relating to contributions to Veterans' Trust
10Fund) and 1510 (relating to issuance and content of driver's
11license).

12* * *

13Section 2. Section 7319 of Title 51 is amended to read:

14§ 7319. Military family relief assistance.

15(a) Establishment of fund.--In order to carry out the
16purposes of section 315.8 of the act of March 4, 1971 (P.L.6, 
17No.2), known as the Tax Reform Code of 1971, there is hereby
18established in the State Treasury a restricted revenue account
19within the General Fund which shall be known as the Military
20Family Relief Assistance Fund.

21(b) Administration of program.--

22(1) The department shall administer and staff the
23program established in paragraph (2) and shall accept
24voluntary contributions from persons for the fund. The
25department may consult with any governmental or
26nongovernmental organization as is necessary to complete the
27requirements under this section but shall not enter into an
28agreement or contract with any such organization for the
29staffing functions of the program.

30(2) The Military Family Relief Assistance Program is

1established. Contributions received for the fund shall be
2distributed by the department under the program to eligible
3service members and eligible relatives of eligible present 
4and former service members. Applicants must demonstrate to
5the department that they have a direct and immediate
6financial need as a result of [the military service of the
7service member. Such] circumstances [must be] beyond the
8control of and not as a result of misconduct by the service
9member. The applicant shall demonstrate that the financial
10need is caused by one or more of the following:

11(i) A sudden or unexpected loss of income, real or 
12personal property, assets or financial support directly
13related to the military service or exigent financial 
14circumstances of the service member.

15(ii) The death or critical illness of a parent,
16spouse, sibling or child resulting in an immediate need
17for travel, lodging or subsistence for which the
18applicant lacks financial resources.

19(iii) The wounding of the service member in the line
20of duty sustained as a result of combat or attack
21resulting in an immediate need for funds for travel,
22lodging, subsistence or other activities directly related
23to the casualty for which the applicant lacks financial
24resources. No more than two eligible relatives of an
25eligible service member may receive assistance under this
26subparagraph.

27(iv) A natural or manmade disaster or other exigent 
28circumstances resulting in deprivation of food, shelter
29or other necessities of life for which the applicant
30lacks financial resources.

1(v) Emergency need for child care of dependent
2children for which the applicant lacks financial
3resources.

4(vi) Other immediate and necessitous cause
5determined in the guidelines established for the program
6that exceeds the financial resources of the applicant
7where failure to provide emergency assistance will
8substantially operate to the detriment of the service
9member or his or her dependents.

10(3) In order to qualify for assistance under this
11program, applicants may be required under the guidelines of
12this program to seek relief from other available sources
13prior to applying for this program.

14(4) An applicant may appeal a decision of the department
15to the Adjutant General. The Adjutant General shall have the
16authority to make a final determination concerning any
17appeal.

18(c) Guidelines.--The department shall, in consultation with
19the chairman and minority chairman of the Appropriations
20Committee of the Senate, the chairman and minority chairman of
21the Appropriations Committee of the House of Representatives,
22the chairman and minority chairman of the Veterans Affairs and
23Emergency Preparedness Committee of the Senate and the chairman
24and minority chairman of the Veterans Affairs and Emergency
25Preparedness Committee of the House of Representatives, develop
26guidelines necessary to administer the provisions of this
27section. The guidelines established under this subsection shall
28do all of the following:

29(1) Set forth eligibility for relief under this program
30and determine the amount of relief to be paid based on the

1need demonstrated by the applicant and the amount of money in
2the fund at the time of application.

3(2) Set forth the maximum amount of relief [and the
4maximum number of applicants per event or episode].

5(3) Set forth any other information necessary for the
6administration and enforcement of the program.

7(4) The guidelines established pursuant to this section
8shall be published in the Pennsylvania Bulletin but shall not
9be subject to review pursuant to section 205 of the act of
10July 31, 1968 (P.L.769, No.240), referred to as the
11Commonwealth Documents Law, sections 204(b) and 301(10) of
12the act of October 15, 1980 (P.L.950, No.164), known as the
13Commonwealth Attorneys Act, or the act of June 25, 1982 
14(P.L.633, No.181), known as the Regulatory Review Act.

15(d) Moneys received.--All moneys received from the voluntary
16contribution system established in section 315.8 of the Tax
17Reform Code of 1971 before January 1, 2015, shall be deposited
18in the fund. On or after January 1, 2015, all moneys received 
19from the voluntary contribution system established in section 
20315.8 of the Tax Reform Code of 1971 shall be deposited in the 
21Veterans' Trust Fund described in section 1721 (relating to 
22Veterans' Trust Fund).

23(e) Other voluntary contributions.--In addition to the
24voluntary contribution system established in section 315.8 of
25the Tax Reform Code of 1971, the Commonwealth is also authorized
26to accept other voluntary contributions and electronic donations
27to the fund. All other voluntary contributions and electronic
28donations received before January 1, 2015, shall be deposited
29into the fund. On or after January 1, 2015, all moneys received 
30from other voluntary contributions shall be deposited in the
 

1Veterans' Trust Fund described in section 1721. In addition, the
2department shall ensure that applications to receive assistance
3from this fund can be obtained electronically. All agencies of
4State, county and municipal government within this Commonwealth
5may include a brief description of the Military Family Relief
6Assistance Program, the electronic and mailing address to make
7donations to [this fund] the funds and the electronic and
8mailing address to request assistance from this program in their
9publications, mailings and communications.

10(f) Future appropriations.--The General Assembly may
11appropriate funds for transfer to the [fund] funds for the
12purposes of this section.

13(g) Use of fund money.--The moneys contained in the fund are
14hereby appropriated on a continuing basis to the Department of
15Military and Veterans Affairs for the exclusive use of carrying
16out the purposes of this section. On or after January 1, 2015, 
17all moneys in the fund shall be transferred to the Veterans' 
18Trust Fund from which they may be expended for the purposes of 
19this section and the purposes described in section 1721.

20(h) Expiration.--This section shall expire June 30, [2016] 
212020.

22(i) Reporting.--Beginning on or before July 30, 2006, and
23every year thereafter for the length of the program, the
24department shall submit a report to the chairman and minority
25chairman of the Appropriations Committee of the Senate, the
26chairman and minority chairman of the Appropriations Committee
27of the House of Representatives, the chairman and minority
28chairman of the Veterans Affairs and Emergency Preparedness
29Committee of the Senate and the chairman and minority chairman
30of the Veterans Affairs and Emergency Preparedness Committee of

1the House of Representatives detailing the program's guidelines,
2the number of applicants, the total amount of money raised and
3distributed and the type of applicant need. The report shall
4also set forth any participation by a governmental or
5nongovernmental organization utilized in the furtherance of the
6program.

7(j) Definitions.--As used in this section, the following
8words and phrases shall have the meanings given to them in this
9subsection:

10"Eligible relative of an eligible service member." The
11dependent spouse or dependent child of the eligible service
12member or, in the case of applicants for financial assistance to
13visit a hospitalized service member, the service member's
14spouse, parent, sibling or child. An eligible relative must be a
15resident of Pennsylvania at the time of application for
16assistance.

17"Eligible service member."

18(1) Any of the following:

19(i) A member of the armed forces of the United
20States or its reserve components, including the 
21Pennsylvania National Guard, who is serving on active
22duty other than active duty for training for a period of
2330 or more consecutive days.

24(ii) A member of the Pennsylvania National Guard
25serving on State active duty for a period of 30 or more
26consecutive days.

27(iii) A member in good standing of any reserve
28component of the armed forces of the United States,
29including the Pennsylvania National Guard, for a period
30of [one year] three years after release from a tour of

1active duty, other than active duty for training, or
2release from a tour of State active duty of 30 or more
3consecutive days' duration when the need for assistance
4is directly related to the [member's performance of
5active duty or State active duty.] reserve component or 
6Pennsylvania National Guard service of the member or 
7exigent circumstances beyond the member's control.

8(iv) A former member of the armed forces of the
9United States or its reserve components, including the
10Pennsylvania National Guard, for a period of [two] four 
11years after discharge if:

12(A) The member was discharged for medical
13reasons arising out of the member's military service.

14(B) The medical disability that resulted in the
15member's discharge was incurred in the line of duty
16and was not the result of misconduct.

17(C) The medical condition giving rise to the
18discharge did not exist prior to the member entering
19military service.

20(D) The medical disability was incurred while
21the member was serving on active duty, other than
22active duty for training, or State active duty for a
23period of 30 or more consecutive days.

24(E) The former member received an honorable
25discharge for medical reasons.

26(F) The need for assistance is directly related
27to the former member's military service or to exigent 
28circumstances beyond the eligible member's control 
29or the disability incurred [as a result] in the line 
30of duty of the military service.

1(v) A former member of the armed forces of the
2United States or its reserve components, including the
3Pennsylvania National Guard, who served on active duty,
4other than active duty for training, for a period of 30
5or more consecutive days, in a zone of combat or in
6support of contingency operations, after September 11,
7who was discharged or released from such active duty
8under honorable conditions and demonstrates a need for
9assistance related to the former member's military
10service or to exigent circumstances beyond the former
11member's control.

12(2) An eligible service member must be a resident of
13Pennsylvania at the time of the application for assistance.

14"Resident of Pennsylvania." Either of the following:

15(1) An individual who is domiciled in this Commonwealth.
16The individual must either physically reside in Pennsylvania
17or be absent from the State pursuant to military orders. An
18individual's spouse or dependent who is domiciled in this
19Commonwealth but who is stationed in another state or country
20shall qualify under the program as a resident of Pennsylvania
21so long as the person does not become domiciled in another
22state.

23(2) An individual who qualifies under the definition of
24"resident individual" in section 301(p) of the Tax Reform
25Code of 1971.

26Section 3. This act shall take effect in 60 days.