PRINTER'S NO. 2414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1791
Session of
2019
INTRODUCED BY T. DAVIS, ROZZI, ECKER, ULLMAN, SAPPEY, HILL-
EVANS, READSHAW, SCHLOSSBERG, BOBACK, FREEMAN, ZIMMERMAN,
PETRARCA, CALTAGIRONE, OTTEN, SCHMITT, CIRESI, McCLINTON,
KIM, ZABEL, DeLUCA, DEASY, SAINATO, KINSEY, THOMAS, WARREN,
HOWARD, DRISCOLL, KORTZ AND YOUNGBLOOD, SEPTEMBER 5, 2019
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, SEPTEMBER 5, 2019
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for the Firefighter
Educational Assistance Program; and establishing the
Firefighter Educational Assistance Program Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 79B
FIREFIGHTER EDUCATIONAL ASSISTANCE
Sec.
79B01. Definitions.
79B02. Program.
79B03. Eligibility.
79B04. Certification of eligibility.
79B05. Grants.
79B06. Amount of grants.
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79B07. Limitations.
79B08. Recoupment of grant payments.
79B09. Regulations.
79B10. Appropriation and administrative costs.
79B11. Fund.
§ 79B01. 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:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Annual tuition rate." The in-State tuition rate, including
a technology tuition fee, established or approved by May 1 of
each year by the Board of Governors of the State System of
Higher Education.
"Approved institution of higher learning." An educational
institution offering a postsecondary program of education
located in this Commonwealth and approved by the agency.
"Approved program of education." A degree-granting or
certificate-granting curriculum, course of study or training
program required for entrance into a specific career to be
pursued on a full-time or part-time basis, or its equivalent, as
determined by the agency, at an approved institution of higher
learning.
"Certificate of eligibility." A certificate issued by the
State Fire Commissioner that certifies a member's eligibility to
receive a grant.
"Costs of attendance." Allowable educational expenses, as
determined by the agency, that are consistent with the
administration of the act of January 25, 1966 (1965 P.L.1546,
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No.541), referred to as the Higher Education Scholarship Law.
"Educational assistance." A benefit earned which shall be
granted to an eligible member who has complied with all of the
requirements provided for under this chapter.
"Eligible member." A member of a fire company who meets the
criteria specified in section 79B03 (relating to eligibility)
and who has been awarded a certificate of eligibility under
section 79B04 (relating to certification of eligibility).
"Fire company." A volunteer fire company or a municipal fire
company located in this Commonwealth.
"Full-time student." An eligible member enrolled in an
approved institution of higher learning pursuing an approved
program of education equal to or greater than 12 credit hours
per semester or its equivalent that is recognized by the agency
as a full-time course of study.
"Fund." The Firefighter Educational Assistance Program Fund
established in section 79B11 (relating to fund).
"Grant." An educational assistance grant under this chapter.
"Member." A member of a fire company.
"Part-time student." An eligible member enrolled in an
approved institution of higher learning pursuing an approved
program of education of less than 12 credit hours per semester
or its equivalent that is recognized by the agency as a part-
time course of study.
"Program." The Firefighter Educational Assistance Program
established in section 79B02 (relating to p rogram ).
"Promissory note." A written contract signed by a member in
which the member promises to repay the awarded grant amount.
"Qualified resident." An individual who has been a bona fide
resident of this Commonwealth prior to the time an application
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for a grant is made. The agency shall make the final decision on
whether an applicant is a qualified resident.
"Service obligation." The service obligation provided for
under section 79B03(b)(2) (relating to eligibility).
"Technology tuition fee." A separate tuition fee established
by the Board of Governors of the State System of Higher
Education for rendering technology resources and services to
enhance student learning experiences.
§ 79B02. Program.
The Firefighter Educational Assistance Program is established
to provide educational assistance to eligible firefighters in
the form of grants. The program shall be administered by the
State Fire Commissioner in accordance with this chapter.
§ 79B03. Eligibility.
(a) General rule.--A member is eligible to receive a grant
if the member meets all of the following eligibility criteria:
(1) The member is a qualified resident of this
Commonwealth.
(2) The member is in good standing with a fire company
in this Commonwealth for a minimum service period established
by the State Fire Commissioner.
(3) The member has completed the required firefighter
training established by the State Fire Commissioner.
(b) Additional eligibility criteria for full-time
educational assistance grants.--In addition to the eligibility
criteria specified in subsection (a), a member must meet the
following eligibility criteria to qualify for a full-time
educational assistance grant:
(1) The member does not possess a baccalaureate degree.
(2) The member accepts an obligation to serve in a fire
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company in this Commonwealth for a period of six years from
the date of entry into the program.
(3) The member has enrolled as a full-time student in an
approved program of education at an approved institution of
higher learning.
§ 79B04. Certification of eligibility.
The State Fire Commissioner shall certify firefighters as
eligible to participate in the program who meet the eligibility
criteria set forth in section 79B03 (relating to eligibility)
and shall provide the agency with a certificate of eligibility
for an eligible member.
§ 79B05. Grants.
(a) General rule.--From the funds appropriated for the
purposes of this chapter, grants shall be provided to eligible
members for the purpose of pursuing approved programs of
education.
(b) Promissory notes.--Upon receipt of a grant, an eligible
member shall sign a promissory note obligating the eligible
member to repay the full amount of the grant in accordance with
section 79B08(a) (relating to recoupment of grant payments) if
the eligible member fails to fulfill the service obligation or
to meet other requirements under this chapter.
§ 79B06. Amount of grants.
(a) Full-time educational assistance grants.--Grants awarded
to full-time students shall be determined by the agency without
regard to financial need and shall not exceed for each academic
year the lesser of:
(1) the tuition rate of the approved institution of
higher learning for the number of credit hours per semester
or its equivalent for the approved program of education in
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which the eligible member is enrolled; or
(2) the annual tuition rate charged by a State System of
Higher Education institution for the academic year.
(b) Part-time educational assistance grants.--Grants awarded
to part-time students who may or may not possess a baccalaureate
degree shall be determined by the agency without regard to
financial need and shall not exceed for each academic year or
period the lesser of:
(1) the tuition charged by the approved institution of
higher learning for the number of credit hours per semester
or its equivalent in which the eligible member is enrolled;
or
(2) the annual tuition rate charged by a State System of
Higher Education institution for the number of credit hours
per semester or its equivalent in which the eligible member
is enrolled for the same academic year or period.
(c) Other grants and financial aid.--
(1) The agency shall not reduce the amount of other
agency grants or aid for which the eligible member qualifies
on account of the eligible member's eligibility for or
receipt of grants under this chapter.
(2) Prior to making a grant, the approved institution of
higher learning shall first consider any Federal tuition
assistance received by the eligible member and shall award a
grant if the eligible member requires additional financial
aid to cover the costs of attendance for an approved program
of education. A grant shall be paid or refunded to the
eligible member for the costs of attendance. Grants
authorized under this chapter shall be reduced so that the
total of all Federal and State aid does not exceed 100% of
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the costs of attendance.
(d) Adjustments.--If the agency and the State Fire
Commissioner determine that the amount appropriated for the
program in any year will be insufficient to provide grants in
the amounts set forth in this section to all eligible members,
the agency and the State Fire Commissioner may reduce the
maximum amount of the grants proportionately or set a limit on
the number of participants to ensure that sums expended do not
exceed appropriations.
(e) Limit on charges.--Eligible members attending a State
System of Higher Education institution shall not be charged
additional tuition above the annual tuition rate.
§ 79B07. Limitations.
(a) Time.--No eligible member shall be eligible for full-
time or part-time educational assistance or a combination
thereof under this chapter for a total of more than five
academic years or their equivalent as determined by the agency.
(b) Limit on tuition.--At no time may a State System of
Higher Education institution charge an eligible member more than
the in-State rate.
§ 79B08. Recoupment of grant payments.
(a) General rule.--An eligible member who fails to meet the
service obligation or to meet other requirements established by
the State Fire Commissioner or the agency is liable to the
Commonwealth for repayment of all or part of any grant payments
made. The State Fire Commissioner shall notify the agency if an
eligible member fails to complete the service obligation, and
the promissory note under section 79B05(b) (relating to grants)
shall be repaid by the eligible member upon demand by the agency
on a schedule as the agency may determine.
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(b) Forgiveness of recoupment.--The State Fire Commissioner
shall notify the agency and the agency shall forgive recoupment
of all or part of an eligible member's grant payments if the
State Fire Commissioner determines that the eligible member's
failure to fulfill the service obligation is the result of one
of the following:
(1) Death or disability.
(2) Medical determination that the eligible member is
medically unable to perform the member's duties as a
firefighter when the medical condition is outside the
member's control and is not due to the member's misconduct.
(3) The existence of other compelling circumstances that
warrant forgiveness.
§ 79B09. Regulations.
The State Fire Commissioner and the agency may promulgate
regulations to carry out the provisions of this chapter.
§ 79B10. Appropriation and administrative costs.
(a) Appropriation.--Beginning with the 2020-2021 fiscal
year, the General Assembly shall appropriate funds to pay full-
time and part-time educational assistance grants. A portion of
the money appropriated may be used to pay the costs of the
administration of this chapter.
(b) Limitation.--Administrative costs for the fiscal year
beginning on July 1, 2020, and each fiscal year thereafter,
shall not exceed 3.5% of the total amount of funds appropriated.
§ 79B11. Fund.
(a) Establishment.--The Firefighter Educational Assistance
Program Fund is established as a special nonlapsing fund in the
State Treasury.
(b) Appropriation.--All money deposited into the fund and
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the interest the fund accrues are appropriated to the State Fire
Commissioner on a continuing basis to be used for the purposes
provided for under this chapter.
(c) Administrative action prohibited.--No administrative
action shall prevent the deposit of money into the fund in the
fiscal year in which the money is received.
(d) Use.--The fund may only be used for the purposes
provided for under this chapter, and no money in the fund may be
transferred or diverted to any other purpose by administrative
action.
Section 2. This act shall take effect immediately.
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