Regular Session 2023-2024 House Bill 0804 P.N. 1305

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. § 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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