Regular Session 2021-2022 Senate Bill 0381 P.N. 0972

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

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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

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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).

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(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.

* * *

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(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

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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.

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(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.

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

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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

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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.

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.

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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.

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.

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(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

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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,

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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

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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).

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(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

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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.

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