HOUSE AMENDED
PRIOR PRINTER'S NO. 367
PRINTER'S NO. 972
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
381
Session of
2021
INTRODUCED BY MARTIN, AUMENT, SCAVELLO, ARGALL, MASTRIANO,
PITTMAN, GORDNER, STEFANO, BARTOLOTTA AND BAKER,
MARCH 10, 2021
AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 25, 2021
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in certification of teachers, further
providing for substitute teaching permit for prospective
teachers.
AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN
ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
LAWS RELATING THERETO," IN PRELIMINARY PROVISIONS, FURTHER
PROVIDING FOR SPECIAL EDUCATION FUNDING COMMISSION; IN
GROUNDS AND BUILDINGS, FURTHER PROVIDING FOR LIMITATION ON
NEW APPLICATIONS FOR DEPARTMENT OF EDUCATION APPROVAL OF
PUBLIC SCHOOL BUILDING PROJECTS; IN CERTIFICATION OF
TEACHERS, FURTHER PROVIDING FOR SUBSTITUTE TEACHING PERMIT
FOR PROSPECTIVE TEACHERS; IN COMMUNITY COLLEGES, FURTHER
PROVIDING FOR FINANCIAL PROGRAM AND REIMBURSEMENT OF PAYMENTS
AND FOR COMMUNITY COLLEGE CAPITAL FUND; IN EDUCATIONAL TAX
CREDITS, FURTHER PROVIDING FOR LIMITATIONS; IN MISCELLANEOUS
PROVISIONS RELATING TO INSTITUTIONS OF HIGHER EDUCATION,
FURTHER PROVIDING FOR PUBLIC HIGHER EDUCATION FUNDING
COMMISSION; PROVIDING FOR INTERCOLLEGIATE ATHLETICS; IN
FUNDING FOR PUBLIC LIBRARIES, PROVIDING FOR STATE AID FOR
FISCAL YEAR 2021-2022; IN REIMBURSEMENTS BY COMMONWEALTH AND
BETWEEN SCHOOL DISTRICTS, FURTHER PROVIDING FOR STUDENT-
WEIGHTED BASIC EDUCATION FUNDING, FOR PAYMENTS TO
INTERMEDIATE UNITS AND FOR ASSISTANCE TO SCHOOL DISTRICTS
DECLARED TO BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR
FINANCIAL WATCH STATUS; IN CONSTRUCTION AND RENOVATION OF
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
BUILDINGS BY SCHOOL ENTITIES, FURTHER PROVIDING FOR
APPLICABILITY; AND MAKING AN EDITORIAL CHANGE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1201.1(b) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1201.1. Substitute Teaching Permit for Prospective
Teachers.--* * *
[(b) This section shall expire on June 30, 2021.]
Section 2. This act shall take effect immediately.
SECTION 1. SECTION 122(K)(2) OF THE ACT OF MARCH 10, 1949
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
AMENDED NOVEMBER 25, 2020 (P.L.1294, NO.136), IS AMENDED TO
READ:
SECTION 122. SPECIAL EDUCATION FUNDING COMMISSION.--* * *
(K) * * *
(2) THE COMMISSION SHALL BE RECONSTITUTED NOT LATER THAN
AUGUST 15, 2019, AND SHALL ISSUE THE REPORT TO THE RECIPIENTS
LISTED IN SUBSECTION (I)(5) NOT LATER THAN [JUNE 30, 2021]
DECEMBER 31, 2021. THE COMMISSION SHALL LIMIT THE SCOPE OF THE
REVIEW PROVIDED FOR UNDER THIS SUBSECTION TO ONLY THE PROVISION
OF SPECIAL EDUCATION PAYMENTS TO SCHOOL DISTRICTS BY THE
COMMONWEALTH THROUGH THE FUNDING FORMULA CONTAINED IN SECTION
2509.5.
* * *
SECTION 2. SECTION 732.1(A) OF THE ACT, AMENDED JUNE 5, 2020
(P.L.223, NO.30), IS AMENDED TO READ:
SECTION 732.1. LIMITATION ON NEW APPLICATIONS FOR DEPARTMENT
OF EDUCATION APPROVAL OF PUBLIC SCHOOL BUILDING PROJECTS.--(A)
FOR THE 2012-2013 FISCAL YEAR, 2013-2014 FISCAL YEAR, 2017-2018
20210SB0381PN0972 - 2 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
FISCAL YEAR, 2018-2019 FISCAL YEAR, 2019-2020 FISCAL YEAR [AND],
2020-2021 FISCAL YEAR AND 2021-2022 FISCAL YEAR, THE DEPARTMENT
OF EDUCATION SHALL NOT ACCEPT OR APPROVE NEW SCHOOL BUILDING
CONSTRUCTION OR RECONSTRUCTION PROJECT APPLICATIONS.
* * *
SECTION 3. SECTION 1201.1(A) INTRODUCTORY PARAGRAPH AND (B)
OF THE ACT ARE AMENDED TO READ:
SECTION 1201.1. SUBSTITUTE TEACHING PERMIT FOR PROSPECTIVE
TEACHERS.--[(A)] AN INDIVIDUAL WHO DOES NOT HOLD A CERTIFICATE
UNDER SECTION 1201 SHALL BE ELIGIBLE TO TEACH AS A SUBSTITUTE IN
A SCHOOL DISTRICT, AN AREA CAREER AND TECHNICAL SCHOOL OR AN
INTERMEDIATE UNIT PROVIDED THAT:
* * *
[(B) THIS SECTION SHALL EXPIRE ON JUNE 30, 2021.]
SECTION 4. SECTION 1913-A(B)(1.6) OF THE ACT IS AMENDED BY
ADDING SUBCLAUSES TO READ:
SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OF
PAYMENTS.--* * *
(B) * * *
(1.6) FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, THE PAYMENT FOR A COMMUNITY COLLEGE SHALL CONSIST OF
THE FOLLOWING:
* * *
(XIV) FOR THE 2021-2022 FISCAL YEAR, EACH COMMUNITY COLLEGE
SHALL RECEIVE AN AMOUNT EQUAL TO THE FOLLOWING:
(A) AN AMOUNT EQUAL TO THE REIMBURSEMENT FOR OPERATING COSTS
RECEIVED IN FISCAL YEAR 2019-2020 UNDER SUBCLAUSE (XII)(A) AND
(C).
(B) AN AMOUNT EQUAL TO THE ECONOMIC DEVELOPMENT STIPEND
RECEIVED IN FISCAL YEAR 2019-2020 UNDER SUBCLAUSE (XII)(B).
20210SB0381PN0972 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(XV) FOR FISCAL YEAR 2021-2022, A COMMUNITY COLLEGE APPROVED
BY THE STATE BOARD OF EDUCATION DURING THE 2020 CALENDAR YEAR
SHALL RECEIVE AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE
AMOUNT APPROPRIATED FOR THE ALLOCATION OF COMMUNITY COLLEGE
FUNDING AND THE SUM OF THE AMOUNTS DETERMINED FOR COMMUNITY
COLLEGES UNDER CLAUSE (XIV).
* * *
SECTION 5. SECTION 1917-A(E) OF THE ACT, AMENDED JUNE 5,
2020 (P.L.223, NO.30), IS AMENDED TO READ:
SECTION 1917-A. COMMUNITY COLLEGE CAPITAL FUND.--* * *
[(E) PAYMENTS FROM THE FUND MAY ONLY BE MADE TO COMMUNITY
COLLEGES THAT RECEIVED PAYMENT UNDER 1913-A(B)(1.6) IN THE PRIOR
FISCAL YEAR.]
SECTION 6. SECTION 2006-B(A) OF THE ACT IS AMENDED TO READ:
SECTION 2006-B. LIMITATIONS.
(A) AMOUNT.--
(1) THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
APPROVED FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO SCHOLARSHIP
ORGANIZATIONS, EDUCATIONAL IMPROVEMENT ORGANIZATIONS AND PRE-
KINDERGARTEN SCHOLARSHIP ORGANIZATIONS SHALL NOT EXCEED
[$185,000,000] $225,000,000 IN A FISCAL YEAR.
(I) NO LESS THAN [$135,000,000] $175,000,000 OF THE
TOTAL AGGREGATE AMOUNT SHALL BE USED TO PROVIDE TAX
CREDITS FOR CONTRIBUTIONS FROM BUSINESS FIRMS TO
SCHOLARSHIP ORGANIZATIONS.
* * *
SECTION 7. SECTION 2001-I(I)(13) OF THE ACT, AMENDED JUNE 5,
2020 (P.L.223, NO.30), IS AMENDED TO READ:
SECTION 2001-I. PUBLIC HIGHER EDUCATION FUNDING COMMISSION.
* * *
20210SB0381PN0972 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(I) ADDITIONAL POWERS AND DUTIES.--THE COMMISSION SHALL HAVE
ALL OF THE FOLLOWING POWERS AND DUTIES:
* * *
(13) ISSUE A REPORT OF THE COMMISSION'S FINDINGS AND
RECOMMENDATIONS TO THE GOVERNOR, THE PRESIDENT PRO TEMPORE OF
THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE
MAJORITY LEADER AND MINORITY LEADER OF THE SENATE, THE
MAJORITY LEADER AND MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES, THE SECRETARY OF EDUCATION, THE STATE BOARD
OF EDUCATION, THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE
APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE
EDUCATION COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE
OF THE HOUSE OF REPRESENTATIVES NOT LATER THAN [NOVEMBER 30,
2021] MAY 31, 2022.
* * *
SECTION 8. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XX-K
INTERCOLLEGIATE ATHLETICS
SECTION 2001-K. SCOPE OF ARTICLE.
THIS ARTICLE RELATES TO COLLEGE ATHLETE COMPENSATION RELATED
TO NAME, IMAGE OR LIKENESS AND PROFESSIONAL REPRESENTATION.
SECTION 2002-K. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ATHLETE AGENT." AS DEFINED IN 5 PA.C.S. § 3102 (RELATING TO
DEFINITIONS.
"COLLEGE STUDENT ATHLETE." AN INDIVIDUAL ENROLLED AT AN
INSTITUTION OF HIGHER EDUCATION WHO PARTICIPATES IN
INTERCOLLEGIATE ATHLETICS FOR THE INSTITUTION OF HIGHER
20210SB0381PN0972 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
EDUCATION. THE TERM DOES NOT INCLUDE AN INDIVIDUAL WHOSE
PARTICIPATION IS OR WAS IN A COLLEGE INTRAMURAL SPORT, CLUB
SPORT OR IN A PROFESSIONAL SPORT OUTSIDE OF INTERCOLLEGIATE
ATHLETICS.
"INSTITUTION OF HIGHER EDUCATION." ANY OF THE FOLLOWING:
(1) A UNIVERSITY WITHIN THE STATE SYSTEM OF HIGHER
EDUCATION.
(2) THE PENNSYLVANIA STATE UNIVERSITY, THE UNIVERSITY OF
PITTSBURGH, TEMPLE UNIVERSITY, LINCOLN UNIVERSITY OR ANY
OTHER INSTITUTION DESIGNATED AS STATE-RELATED BY THE
COMMONWEALTH.
(3) THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY.
(4) A COMMUNITY COLLEGE AS DEFINED IN ARTICLE XIX-A.
(5) A COLLEGE ESTABLISHED UNDER ARTICLE XIX-G.
(6) AN INSTITUTION OF HIGHER EDUCATION LOCATED IN AND
INCORPORATED OR CHARTERED BY THE COMMONWEALTH AND ENTITLED TO
CONFER DEGREES AS SPECIFIED IN SECTION 24 PA.C.S. § 6505
(RELATING TO POWER TO CONFER DEGREES) AND AS PROVIDED FOR BY
THE STANDARDS AND QUALIFICATIONS PRESCRIBED BY THE STATE
BOARD OF EDUCATION UNDER 24 PA.C.S. CH. 65 (RELATING TO
PRIVATE COLLEGES, UNIVERSITIES AND SEMINARIES).
(7) A PRIVATE SCHOOL LICENSED UNDER THE ACT OF DECEMBER
15, 1986 (P.L.1585, NO.174), KNOWN AS THE PRIVATE LICENSED
SCHOOLS ACT.
(8) A FOREIGN CORPORATION APPROVED TO OPERATE AN
EDUCATIONAL ENTERPRISE UNDER 22 PA. CODE CH. 36 (RELATING TO
FOREIGN CORPORATION STANDARDS).
"NCAA." THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION.
SECTION 2003-K. COMPENSATION REGARDING COLLEGE STUDENT
ATHLETE'S NAME, IMAGE OR LIKENESS RIGHTS.
20210SB0381PN0972 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(A) COMPENSATION ALLOWED.--A COLLEGE STUDENT ATHLETE MAY
EARN COMPENSATION FOR THE USE OF THE COLLEGE STUDENT ATHLETE'S
NAME, IMAGE OR LIKENESS UNDER THIS ARTICLE. THE COMPENSATION
SHALL BE COMMENSURATE WITH THE MARKET VALUE OF THE STUDENT
ATHLETE'S NAME, IMAGE OR LIKENESS. THE COMPENSATION MAY NOT BE
PROVIDED IN EXCHANGE, IN WHOLE OR IN PART, FOR A CURRENT OR
PROSPECTIVE STUDENT ATHLETE TO ATTEND, PARTICIPATE OR PERFORM AT
A PARTICULAR INSTITUTION OF HIGHER EDUCATION.
(B) PROHIBITION REGARDING INSTITUTIONS OF HIGHER
EDUCATION.--AN INSTITUTION OF HIGHER EDUCATION MAY NOT:
(1) UPHOLD A RULE, REQUIREMENT, STANDARD OR OTHER
LIMITATION THAT PREVENTS A COLLEGE STUDENT ATHLETE OF THE
INSTITUTION OF HIGHER EDUCATION FROM EARNING COMPENSATION
THROUGH THE USE OF THE COLLEGE STUDENT ATHLETE'S NAME, IMAGE
OR LIKENESS RIGHTS.
(2) ARRANGE THIRD-PARTY COMPENSATION FOR A COLLEGE
STUDENT ATHLETE RELATING TO THE USE OF THE COLLEGE STUDENT
ATHLETE'S NAME, IMAGE OR LIKENESS RIGHTS OR USE A SIMILAR
TYPE OF ARRANGEMENT AS AN INDUCEMENT TO RECRUIT A PROSPECTIVE
COLLEGE STUDENT ATHLETE.
(C) PROHIBITIONS REGARDING INTERCOLLEGIATE ATHLETIC
ENTITIES.--AN ATHLETIC ASSOCIATION, CONFERENCE OR OTHER GROUP OR
ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS,
INCLUDING THE NCAA, MAY NOT:
(1) PREVENT A COLLEGE STUDENT ATHLETE FROM EARNING
COMPENSATION THROUGH THE USE OR LICENSE OF THE COLLEGE
STUDENT ATHLETE'S NAME, IMAGE OR LIKENESS RIGHTS.
(2) PREVENT AN INSTITUTION OF HIGHER EDUCATION FROM
FULLY PARTICIPATING IN INTERCOLLEGIATE ATHLETICS AS A RESULT
OF A COLLEGE STUDENT ATHLETE'S USE OF THE COLLEGE STUDENT
20210SB0381PN0972 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ATHLETE'S NAME, IMAGE OR LIKENESS RIGHTS TO SEEK
COMPENSATION.
(D) ROYALTY PAYMENT.--A PERSON THAT PRODUCES A COLLEGE TEAM
JERSEY, A COLLEGE TEAM VIDEO GAME OR COLLEGE TEAM TRADING CARDS
FOR THE PURPOSE OF MAKING A PROFIT SHALL MAKE A ROYALTY PAYMENT
TO EACH COLLEGE STUDENT ATHLETE WHOSE NAME, IMAGE, LIKENESS OR
OTHER INDIVIDUALLY IDENTIFIABLE FEATURE IS USED.
SECTION 2004-K. PROFESSIONAL REPRESENTATION.
(A) PROHIBITIONS.--
(1) AN INSTITUTION OF HIGHER EDUCATION, ATHLETIC
ASSOCIATION, CONFERENCE OR OTHER GROUP OR ORGANIZATION WITH
AUTHORITY OVER INTERCOLLEGIATE ATHLETICS, INCLUDING THE NCAA,
MAY NOT INTERFERE WITH OR PREVENT A COLLEGE STUDENT ATHLETE
FROM FULLY PARTICIPATING IN INTERCOLLEGIATE ATHLETICS FOR
OBTAINING PROFESSIONAL REPRESENTATION IN RELATION TO
CONTRACTS OR LEGAL MATTERS, INCLUDING REPRESENTATION PROVIDED
BY ATHLETE AGENTS, FINANCIAL ADVISORS OR LEGAL REPRESENTATION
PROVIDED BY ATTORNEYS, IN RELATION TO A COLLEGE STUDENT
ATHLETE'S USE OF THE COLLEGE STUDENT ATHLETE'S NAME, IMAGE OR
LIKENESS RIGHTS.
(2) AN ATHLETIC ASSOCIATION, CONFERENCE OR OTHER GROUP
OR ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE
ATHLETICS, INCLUDING THE NCAA, MAY NOT PREVENT AN INSTITUTION
OF HIGHER EDUCATION FROM FULLY PARTICIPATING IN
INTERCOLLEGIATE ATHLETICS WITHOUT PENALTY TO THE INSTITUTION
OR INDIVIDUAL STUDENT AS A RESULT OF A COLLEGE STUDENT
ATHLETE OBTAINING PROFESSIONAL REPRESENTATION IN RELATION TO
CONTRACTS OR LEGAL MATTERS, INCLUDING REPRESENTATION PROVIDED
BY ATHLETE AGENTS, FINANCIAL ADVISORS OR LEGAL REPRESENTATION
PROVIDED BY ATTORNEYS, IN RELATION TO A COLLEGE STUDENT
20210SB0381PN0972 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ATHLETE'S USE OF THE COLLEGE STUDENT ATHLETE'S NAME, IMAGE OR
LIKENESS RIGHTS.
(B) QUALIFICATIONS.--PROFESSIONAL REPRESENTATION OBTAINED BY
A COLLEGE STUDENT ATHLETE SHALL BE FROM A PERSON:
(1) ACTING AS AN ATHLETE AGENT IN ACCORDANCE WITH 5
PA.C.S. CH. 33 (RELATING TO REGISTRATION);
(2) ACTING AS A FINANCIAL ADVISOR IN ACCORDANCE WITH THE
LAWS OF THIS COMMONWEALTH; OR
(3) ADMITTED TO PRACTICE LAW BY A COURT OF RECORD OF
THIS COMMONWEALTH.
(C) LIMITATION.--A PERSON THAT REPRESENTS AN INSTITUTION OF
HIGHER EDUCATION MAY NOT REPRESENT A COLLEGE STUDENT ATHLETE IN
A BUSINESS AGREEMENT.
SECTION 2005-K. SCHOLARSHIPS.
(A) ELIGIBILITY.--EARNING COMPENSATION FROM THE USE OF A
COLLEGE STUDENT ATHLETE'S NAME, IMAGE OR LIKENESS RIGHTS MAY NOT
AFFECT THE COLLEGE STUDENT ATHLETE'S SCHOLARSHIP ELIGIBILITY,
DURATION OR RENEWAL.
(B) COMPENSATION.--
(1) FOR PURPOSES OF THIS ARTICLE, AN ATHLETICS GRANT-IN-
AID OR STIPEND SCHOLARSHIP FROM AN INSTITUTION OF HIGHER
EDUCATION IN WHICH A COLLEGE STUDENT ATHLETE IS ENROLLED MAY
NOT BE CONSIDERED TO LIMIT A COLLEGE STUDENT ATHLETE'S RIGHT
TO USE THE COLLEGE STUDENT ATHLETE'S NAME, IMAGE OR LIKENESS
RIGHTS, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION.
(2) AN ATHLETICS GRANT-IN-AID OR STIPEND SCHOLARSHIP MAY
NOT BE REVOKED OR REDUCED AS A RESULT OF A COLLEGE STUDENT
ATHLETE EARNING COMPENSATION UNDER THIS ARTICLE, EXCEPT IF
OTHERWISE MANDATED BY FEDERAL OR STATE STUDENT AID
GUIDELINES.
20210SB0381PN0972 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SECTION 2006-K. CONTRACTS.
(A) OPPORTUNITIES.--AN INSTITUTION OF HIGHER EDUCATION,
ATHLETIC ASSOCIATION, CONFERENCE OR OTHER GROUP OR ORGANIZATION
WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS MAY NOT BE
REQUIRED TO IDENTIFY, CREATE, FACILITATE, NEGOTIATE OR ENABLE
OPPORTUNITIES FOR A COLLEGE STUDENT ATHLETE TO EARN COMPENSATION
FOR THE COLLEGE STUDENT ATHLETE'S USE OF THE COLLEGE STUDENT
ATHLETE'S NAME, IMAGE OR LIKENESS RIGHTS.
(B) USE OF TRADEMARKS.--THIS ARTICLE SHALL NOT ESTABLISH OR
GRANT A RIGHT TO A COLLEGE STUDENT ATHLETE TO USE THE NAME,
TRADEMARKS, SERVICES MARKS, LOGOS, SYMBOLS OR ANY OTHER
INTELLECTUAL PROPERTY, REGISTERED OR UNREGISTERED, OF AN
INSTITUTION OF HIGHER EDUCATION, ATHLETIC ASSOCIATION,
CONFERENCE OR OTHER GROUP OR ORGANIZATION WITH AUTHORITY OVER
INTERCOLLEGIATE ATHLETICS, IN FURTHERANCE OF THE COLLEGE STUDENT
ATHLETE'S OPPORTUNITIES TO EARN COMPENSATION FOR THE COLLEGE
STUDENT ATHLETE'S USE OF THE COLLEGE STUDENT ATHLETE'S NAME,
IMAGE OR LIKENESS RIGHTS.
(C) ENFORCEMENT.--THIS ARTICLE SHALL NOT LIMIT THE RIGHT OF
AN INSTITUTION OF HIGHER EDUCATION TO ESTABLISH AND ENFORCE ANY
OF THE FOLLOWING:
(1) ACADEMIC STANDARDS, REQUIREMENTS, REGULATIONS OR
OBLIGATIONS FOR THE INSTITUTION OF HIGHER EDUCATION'S COLLEGE
STUDENT ATHLETES.
(2) TEAM RULES OF CONDUCT OR OTHER RULES OF CONDUCT.
(3) STANDARDS OR POLICIES REGARDING THE GOVERNANCE OR
OPERATION OF OR PARTICIPATION IN INTERCOLLEGIATE ATHLETICS.
(4) DISCIPLINARY RULES AND STANDARDS GENERALLY
APPLICABLE TO ALL STUDENTS OF THE INSTITUTION OF HIGHER
EDUCATION.
20210SB0381PN0972 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(D) PROHIBITION.--A COLLEGE STUDENT ATHLETE MAY NOT EARN
COMPENSATION AS A RESULT OF THE USE OF THE COLLEGE STUDENT
ATHLETE'S NAME, IMAGE OR LIKENESS IN CONNECTION WITH A PERSON,
COMPANY OR ORGANIZATION RELATED TO OR ASSOCIATED WITH THE
DEVELOPMENT, PRODUCTION, DISTRIBUTION, WHOLESALING OR RETAILING
OF ANY OF THE FOLLOWING:
(1) ADULT ENTERTAINMENT PRODUCTS AND SERVICES.
(2) ALCOHOL PRODUCTS.
(3) CASINOS AND GAMBLING, INCLUDING SPORTS BETTING, THE
LOTTERY AND BETTING IN CONNECTION WITH VIDEO GAMES, ONLINE
GAMES AND MOBILE DEVICES.
(4) TOBACCO AND ELECTRONIC SMOKING PRODUCTS AND DEVICES.
(5) PRESCRIPTION PHARMACEUTICALS.
(6) A CONTROLLED DANGEROUS SUBSTANCE.
(E) PROHIBITION.--AN INSTITUTION OF HIGHER EDUCATION MAY
PROHIBIT A COLLEGE STUDENT ATHLETE'S INVOLVEMENT IN NAME, IMAGE
OR LIKENESS ACTIVITIES THAT CONFLICT WITH EXISTING INSTITUTIONAL
SPONSORSHIP ARRANGEMENTS AT THE TIME THE COLLEGE STUDENT ATHLETE
DISCLOSES A CONTRACT TO THE INSTITUTION OF HIGHER EDUCATION AS
REQUIRED UNDER SUBSECTION (F). AN INSTITUTION OF HIGHER
EDUCATION, AT THE INSTITUTION OF HIGHER EDUCATION'S DISCRETION,
MAY PROHIBIT A COLLEGE STUDENT ATHLETE'S INVOLVEMENT IN NAME,
IMAGE OR LIKENESS ACTIVITIES BASED ON OTHER CONSIDERATIONS, SUCH
AS CONFLICT WITH INSTITUTIONAL VALUES, AS DEFINED BY THE
INSTITUTION OF HIGHER EDUCATION. AN INSTITUTION OF HIGHER
EDUCATION SHALL HAVE POLICIES THAT SPECIFY THE NAME, IMAGE OR
LIKENESS ACTIVITIES IN WHICH COLLEGE STUDENT ATHLETES MAY OR MAY
NOT ENGAGE.
(F) DISCLOSURE.--A COLLEGE STUDENT ATHLETE WHO PROPOSES TO
ENTER INTO A CONTRACT PROVIDING COMPENSATION TO THE COLLEGE
20210SB0381PN0972 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
STUDENT ATHLETE FOR USE OF THE COLLEGE STUDENT ATHLETE'S NAME,
IMAGE OR LIKENESS RIGHTS SHALL DISCLOSE THE CONTRACT AT LEAST
SEVEN DAYS PRIOR TO EXECUTION OF THE CONTRACT TO AN OFFICIAL OF
THE INSTITUTION OF HIGHER EDUCATION, WHO IS DESIGNATED BY THE
INSTITUTION OF HIGHER EDUCATION.
SECTION 2007-K. VIOLATIONS AND CLAIMS.
(A) PROTECTIONS AND RIGHT TO ADJUDICATE.--A COLLEGE STUDENT
ATHLETE, INSTITUTION OF HIGHER EDUCATION OR CONFERENCE SHALL NOT
BE DEPRIVED OF A PROTECTION PROVIDED UNDER STATE LAW WITH
RESPECT TO A CONTROVERSY THAT ARISES IN THIS COMMONWEALTH AND
SHALL HAVE THE RIGHT TO ADJUDICATION IN THIS COMMONWEALTH OF A
CLAIM THAT ARISES IN THIS COMMONWEALTH.
(B) PRIVATE CIVIL ACTION.--A COLLEGE STUDENT ATHLETE SHALL
HAVE THE RIGHT TO PURSUE A PRIVATE CIVIL ACTION AGAINST A PERSON
THAT VIOLATES THIS ARTICLE. THE COURT SHALL AWARD COSTS AND
REASONABLE ATTORNEY FEES TO A PREVAILING PLAINTIFF IN AN ACTION
BROUGHT AGAINST A PERSON VIOLATING THIS ARTICLE.
SECTION 2008-K. SETTLEMENTS.
LEGAL SETTLEMENTS MADE ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION MAY NOT PERMIT NONCOMPLIANCE WITH THIS ARTICLE.
SECTION 2009-K. SEVERABILITY.
THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE. IF ANY
PROVISION OF THIS ARTICLE OR THE APPLICATION OF ANY PROVISION OF
THIS ARTICLE IS HELD TO BE INVALID, THAT INVALIDITY SHALL NOT
AFFECT ANY OTHER PROVISION OR APPLICATION OF ANY OTHER PROVISION
THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
APPLICATION.
SECTION 9. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2325. STATE AID FOR FISCAL YEAR 2021-2022.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
20210SB0381PN0972 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
EACH LIBRARY SUBJECT TO 24 PA.C.S. CH. 93 (RELATING TO PUBLIC
LIBRARY CODE), SHALL BE ELIGIBLE FOR STATE AID FOR FISCAL YEAR
2021-2022 AS FOLLOWS:
(1) FUNDS APPROPRIATED FOR LIBRARIES SHALL BE
DISTRIBUTED TO EACH LIBRARY UNDER THE FOLLOWING FORMULA:
(I) DIVIDE THE AMOUNT OF FUNDING THAT THE LIBRARY
RECEIVED IN FISCAL YEAR 2020-2021 UNDER SECTION 2324 BY
THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2020-2021.
(II) MULTIPLY THE QUOTIENT UNDER SUBPARAGRAPH (I) BY
THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2021-2022.
(2) FOLLOWING DISTRIBUTION OF FUNDS APPROPRIATED FOR
STATE AID TO LIBRARIES UNDER PARAGRAPH (1), ANY REMAINING
FUNDS MAY BE DISTRIBUTED AT THE DISCRETION OF THE STATE
LIBRARIAN.
(3) IF FUNDS APPROPRIATED FOR STATE AID TO LIBRARIES IN
FISCAL YEAR 2021-2022 ARE LESS THAN FUNDS APPROPRIATED IN
FISCAL YEAR 2002-2003, THE STATE LIBRARIAN MAY WAIVE
STANDARDS AS PRESCRIBED IN 24 PA.C.S. CH. 93.
(4) EACH LIBRARY SYSTEM RECEIVING STATE AID UNDER THIS
SECTION MAY DISTRIBUTE THE LOCAL LIBRARY SHARE OF THAT AID IN
A MANNER AS DETERMINED BY THE BOARD OF DIRECTORS OF THE
LIBRARY SYSTEM.
(5) IN THE CASE OF A LIBRARY SYSTEM THAT CONTAINS A
LIBRARY OPERATING IN A CITY OF THE SECOND CLASS, CHANGES TO
THE DISTRIBUTION OF STATE AID TO THE LIBRARY SHALL BE MADE BY
MUTUAL AGREEMENT BETWEEN THE LIBRARY AND THE LIBRARY SYSTEM.
(6) IN THE EVENT OF A CHANGE IN DISTRICT LIBRARY CENTER
POPULATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AS A
RESULT OF:
(I) A CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT
20210SB0381PN0972 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OR COUNTY MOVING FROM ONE LIBRARY CENTER TO ANOTHER; OR
(II) A TRANSFER OF DISTRICT LIBRARY CENTER STATUS TO
A COUNTY LIBRARY SYSTEM;
FUNDING OF DISTRICT LIBRARY CENTER AID SHALL BE PAID BASED ON
THE POPULATION OF THE NEWLY ESTABLISHED OR RECONFIGURED
DISTRICT LIBRARY CENTER.
(7) IN THE EVENT OF A CHANGE IN DIRECT SERVICE AREA FROM
ONE LIBRARY TO ANOTHER, THE STATE LIBRARIAN, UPON AGREEMENT
OF THE AFFECTED LIBRARIES, MAY REDISTRIBUTE THE LOCAL LIBRARY
SHARE OF AID TO THE LIBRARY CURRENTLY SERVICING THE AREA.
SECTION 10. SECTIONS 2502.53(B), 2509.1(C.2)(1) AND
2510.3(A)(2) OF THE ACT, AMENDED OR ADDED JUNE 5, 2020 (P.L.223,
NO.30), ARE AMENDED TO READ:
SECTION 2502.53. STUDENT-WEIGHTED BASIC EDUCATION FUNDING.--
* * *
(B) FOR THE 2015-2016 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, EXCEPT THE 2019-2020 SCHOOL YEAR WHICH SHALL BE
GOVERNED BY SUBSECTION (B.1), THE COMMONWEALTH SHALL PAY TO EACH
SCHOOL DISTRICT A BASIC EDUCATION FUNDING ALLOCATION WHICH SHALL
CONSIST OF THE FOLLOWING:
(1) AN AMOUNT EQUAL TO THE SCHOOL DISTRICT'S BASIC EDUCATION
FUNDING ALLOCATION FOR THE 2013-2014 SCHOOL YEAR.
(2) A STUDENT-BASED ALLOCATION TO BE CALCULATED AS FOLLOWS:
(I) MULTIPLY THE SCHOOL DISTRICT'S STUDENT-WEIGHTED AVERAGE
DAILY MEMBERSHIP BY THE MEDIAN HOUSEHOLD INCOME INDEX AND LOCAL
EFFORT CAPACITY INDEX.
(II) MULTIPLY THE PRODUCT IN SUBPARAGRAPH (I) BY THE
DIFFERENCE BETWEEN THE AMOUNT APPROPRIATED FOR THE ALLOCATION OF
BASIC EDUCATION FUNDING TO SCHOOL DISTRICTS AND THE AMOUNT
APPROPRIATED FOR THE ALLOCATION IN PARAGRAPH (1).
20210SB0381PN0972 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(III) DIVIDE THE PRODUCT IN SUBPARAGRAPH (II) BY THE SUM OF
THE PRODUCTS IN SUBPARAGRAPH (I) FOR ALL SCHOOL DISTRICTS.
(IV) FOR THE 2018-2019 SCHOOL YEAR, THE DIFFERENCE
DETERMINED UNDER SUBPARAGRAPH (II) SHALL BE $698,667,244.
(V) FOR THE 2020-2021 SCHOOL YEAR, THE DIFFERENCE DETERMINED
UNDER SUBPARAGRAPH (II) SHALL BE $898,667,244.
* * *
SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *
(C.2) THE FOLLOWING APPLY:
(1) FOR THE 2016-2017, 2017-2018, 2018-2019, 2019-2020
[AND], 2020-2021 AND 2021-2022 SCHOOL YEARS, FIVE AND FIVE-
TENTHS PERCENT (5.5%) OF THE STATE SPECIAL EDUCATION
APPROPRIATION SHALL BE PAID TO INTERMEDIATE UNITS ON ACCOUNT OF
SPECIAL EDUCATION SERVICES.
* * *
SECTION 2510.3. ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO
BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL
WATCH STATUS.--(A) THE FOLLOWING APPLY:
* * *
(2) FOR THE 2017-2018, 2018-2019, 2019-2020 [AND], 2020-2021
AND 2021-2022 FISCAL YEARS, THE DEPARTMENT OF EDUCATION MAY
UTILIZE UP TO SEVEN MILLION DOLLARS ($7,000,000) OF
UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM
APPROPRIATIONS FOR GRANTS, SUBSIDIES AND ASSESSMENTS MADE TO THE
DEPARTMENT OF EDUCATION TO ASSIST SCHOOL DISTRICTS DECLARED TO
BE IN FINANCIAL RECOVERY STATUS UNDER SECTION 621-A, IDENTIFIED
FOR FINANCIAL WATCH STATUS UNDER SECTION 611-A OR IDENTIFIED FOR
FINANCIAL WATCH STATUS UNDER SECTION 694-A; EXCEPT THAT THE
FUNDS MUST BE FIRST UTILIZED TO ACCOMPLISH THE PROVISIONS
CONTAINED IN SECTION 695-A. THE FUNDS SHALL BE TRANSFERRED BY
20210SB0381PN0972 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
THE SECRETARY OF THE BUDGET TO A RESTRICTED ACCOUNT AS NECESSARY
TO MAKE PAYMENTS UNDER THIS SECTION AND, WHEN TRANSFERRED, ARE
HEREBY APPROPRIATED TO CARRY OUT THE PROVISIONS OF THIS SECTION.
* * *
SECTION 11. SECTION 2608-J OF THE ACT, AMENDED JUNE 5, 2020
(P.L.223, NO.30), IS AMENDED TO READ:
SECTION 2608-J. APPLICABILITY.
THIS ARTICLE SHALL APPLY TO PROJECTS FOR WHICH APPROVAL AND
REIMBURSEMENT IS SOUGHT AND TO THE MAINTENANCE PROJECT GRANT
PROGRAM BEGINNING JULY 1, [2021] 2022.
SECTION 12. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
20210SB0381PN0972 - 16 -
1
2
3
4
5
6
7
8
9
10
11