SENATE AMENDED
PRIOR PRINTER'S NOS. 1385, 1870, 2298, PRINTER'S NO. 2855
2365
No. 1179 Session of 2005
INTRODUCED BY R. MILLER, SEMMEL, BARRAR, BENNINGHOFF,
CALTAGIRONE, CAPPELLI, CRAHALLA, DALLY, DeWEESE, FAIRCHILD,
GEIST, GEORGE, GILLESPIE, GINGRICH, GOODMAN, GRUCELA, HARPER,
HENNESSEY, HERMAN, HUTCHINSON, JAMES, W. KELLER, KENNEY,
KOTIK, LEDERER, MACKERETH, McILHATTAN, NAILOR, O'NEILL,
PHILLIPS, PISTELLA, RAPP, REICHLEY, RUBLEY, STABACK, SURRA,
TANGRETTI, E. Z. TAYLOR, TIGUE, YOUNGBLOOD, ZUG, SIPTROTH,
DENLINGER, CIVERA, MELIO, HABAY, BROWNE, SAMUELSON, WRIGHT,
MUSTIO, THOMAS, YUDICHAK, NICKOL, BALDWIN, HICKERNELL,
S. MILLER, TRUE, McGEEHAN AND ALLEN, MARCH 29, 2005
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, OCTOBER 18, 2005
AN ACT
1 Amending Title 51 (Military Affairs) of the Pennsylvania
2 Consolidated Statutes, establishing the Military Family
3 Relief Assistance Program and the Military Family Relief
4 Assistance Fund.; and making an appropriation. <--
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 51 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 7319. Military Family Relief Assistance. <--
10 (a) Establishment of fund.--In order to carry out the
11 purposes of section 315.8 of the act of March 4, 1971 (P.L.6,
12 No.2), known as the Tax Reform Code of 1971, there is hereby
13 established in the State Treasury a restricted revenue account
1 within the General Fund which shall be known as the Military
2 Family Relief Assistance Fund.
3 (b) Administration of program.--
4 (1) The department shall contract with a nonprofit
5 entity to administer the program established in paragraph (2)
6 and shall accept voluntary contributions from persons for the
7 fund.
8 (2) The Military Family Relief Assistance Program is
9 established. Contributions received for the fund shall be
10 distributed by the department under the program to
11 Pennsylvania resident servicemen or servicewomen or their
12 families that have suffered a sudden or unexpected loss of
13 income or other source of support or a death or an illness of
14 a family member or a natural or man-made disaster that
15 creates a direct and immediate demonstrable financial need
16 for assistance in order to provide themselves and their
17 families with food, shelter, clothing, required medical care
18 and other necessities of life.
19 (3) Persons applying for assistance under the program
20 must physically reside in this Commonwealth and demonstrate
21 that they have applied for and been turned down for existing
22 relief programs as determined by the department.
23 (c) Rules.--The department shall develop rules and
24 regulations necessary to administer the provisions of this
25 section.
26 (d) Moneys received.--All moneys received from the voluntary
27 contribution system established in section 315.8 of the Tax
28 Reform Code of 1971 shall be deposited in the fund.
29 (e) Electronic donations and applications.--In addition to
30 the voluntary contribution system established in section 315.8
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1 of the Tax Reform Code of 1971, the Commonwealth is also
2 authorized to accept electronic donations to the fund.
3 Electronic donations shall be deposited into the fund and the
4 fund may elect to pay the cost of any such electronic
5 transaction. In addition, the agency, nonprofit or person
6 responsible for administering the fund shall ensure that
7 applications to receive assistance from this fund can be
8 obtained electronically. All agencies of State, county and
9 municipal government within this Commonwealth may include a
10 brief description of the Pennsylvania Military Family Relief <--
11 Assistance Program, the electronic and mailing address to make
12 donations to this fund and the electronic and mailing address to
13 request assistance from this program in their publications,
14 mailings and communications.
15 (f) Future appropriations.--The General Assembly may, from
16 time to time, appropriate funds into the fund for the purposes
17 of this section.
18 (g) Use of fund money.--The moneys contained in the fund are
19 hereby appropriated on a continuing basis to the Department of
20 Military and Veterans Affairs for the exclusive use of carrying
21 out the purposes of this section.
22 § 7319. MILITARY FAMILY RELIEF ASSISTANCE. <--
23 (A) ESTABLISHMENT OF FUND.--IN ORDER TO CARRY OUT THE
24 PURPOSES OF SECTION 315.8 OF THE ACT OF MARCH 4, 1971 (P.L.6,
25 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, THERE IS HEREBY
26 ESTABLISHED IN THE STATE TREASURY A RESTRICTED REVENUE ACCOUNT
27 WITHIN THE GENERAL FUND WHICH SHALL BE KNOWN AS THE MILITARY
28 FAMILY RELIEF ASSISTANCE FUND.
29 (B) ADMINISTRATION OF PROGRAM.--
30 (1) THE DEPARTMENT SHALL ADMINISTER AND STAFF THE
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1 PROGRAM ESTABLISHED IN PARAGRAPH (2) AND SHALL ACCEPT
2 VOLUNTARY CONTRIBUTIONS FROM PERSONS FOR THE FUND. THE
3 DEPARTMENT MAY NOT CONTRACT WITH OR ALLOW A PUBLIC OR PRIVATE
4 ENTITY TO PARTICIPATE IN THE ADMINISTRATION OR STAFFING OF
5 ANY ASPECT OF THE PROGRAM.
6 (2) THE MILITARY FAMILY RELIEF ASSISTANCE PROGRAM IS
7 ESTABLISHED. CONTRIBUTIONS RECEIVED FOR THE FUND SHALL BE
8 DISTRIBUTED BY THE DEPARTMENT UNDER THE PROGRAM TO ELIGIBLE
9 SERVICE MEMBERS AND ELIGIBLE RELATIVES OF ELIGIBLE SERVICE
10 MEMBERS. APPLICANTS MUST DEMONSTRATE TO THE DEPARTMENT THAT
11 THEY HAVE A DIRECT AND IMMEDIATE FINANCIAL NEED AS A RESULT
12 OF THE MILITARY SERVICE OF THE SERVICE MEMBER. SUCH
13 CIRCUMSTANCES MUST BE BEYOND THE CONTROL OF, AND NOT AS A
14 RESULT OF MISCONDUCT BY, THE SERVICE MEMBER. THE APPLICANT
15 SHALL DEMONSTRATE THAT THE FINANCIAL NEED IS CAUSED BY ONE OR
16 MORE OF THE FOLLOWING:
17 (I) A SUDDEN OR UNEXPECTED LOSS OF INCOME DIRECTLY
18 RELATED TO THE MILITARY SERVICE OF THE SERVICE MEMBER.
19 (II) THE DEATH OR CRITICAL ILLNESS OF A PARENT,
20 SPOUSE, SIBLING OR CHILD RESULTING IN AN IMMEDIATE NEED
21 FOR TRAVEL, LODGING OR SUBSISTENCE FOR WHICH THE
22 APPLICANT LACKS FINANCIAL RESOURCES.
23 (III) THE WOUNDING OF THE SERVICE MEMBER IN THE LINE
24 OF DUTY SUSTAINED AS A RESULT OF COMBAT OR ATTACK
25 RESULTING IN AN IMMEDIATE NEED FOR FUNDS FOR TRAVEL,
26 LODGING, SUBSISTENCE OR OTHER ACTIVITIES DIRECTLY RELATED
27 TO THE CASUALTY FOR WHICH THE APPLICANT LACKS FINANCIAL
28 RESOURCES. NO MORE THAN TWO ELIGIBLE RELATIVES OF AN
29 ELIGIBLE SERVICE MEMBER MAY RECEIVE ASSISTANCE UNDER THIS
30 SUBPARAGRAPH.
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1 (IV) A NATURAL OR MANMADE DISASTER RESULTING IN
2 DEPRIVATION OF FOOD, SHELTER OR OTHER NECESSITIES OF LIFE
3 FOR WHICH THE APPLICANT LACKS FINANCIAL RESOURCES.
4 (V) EMERGENCY NEED FOR CHILD CARE OF DEPENDENT
5 CHILDREN FOR WHICH THE APPLICANT LACKS FINANCIAL
6 RESOURCES.
7 (VI) OTHER IMMEDIATE AND NECESSITOUS CAUSE
8 DETERMINED IN THE RULES ESTABLISHED FOR THE PROGRAM THAT
9 EXCEEDS THE FINANCIAL RESOURCES OF THE APPLICANT WHERE
10 FAILURE TO PROVIDE EMERGENCY ASSISTANCE WILL
11 SUBSTANTIALLY OPERATE TO THE DETRIMENT OF THE SERVICE
12 MEMBER OR HIS OR HER DEPENDENTS.
13 (3) IN ORDER TO QUALIFY FOR ASSISTANCE UNDER THIS
14 PROGRAM, APPLICANTS MAY BE REQUIRED UNDER THE RULES OF THIS
15 PROGRAM TO SEEK RELIEF FROM OTHER AVAILABLE SOURCES PRIOR TO
16 APPLYING FOR THIS PROGRAM.
17 (4) AN APPLICANT MAY APPEAL A DECISION OF THE DEPARTMENT
18 TO THE ADJUTANT GENERAL. THE ADJUTANT GENERAL SHALL HAVE THE
19 AUTHORITY TO MAKE A FINAL DETERMINATION CONCERNING ANY
20 APPEAL.
21 (C) RULES.--THE DEPARTMENT SHALL, IN CONSULTATION WITH THE
22 CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
23 OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
24 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
25 CHAIRMAN AND MINORITY CHAIRMAN OF THE VETERANS AFFAIRS AND
26 EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE AND THE CHAIRMAN
27 AND MINORITY CHAIRMAN OF THE VETERANS AFFAIRS AND EMERGENCY
28 PREPAREDNESS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, DEVELOP
29 RULES NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SECTION.
30 THE RULES ESTABLISHED UNDER THIS SUBSECTION SHALL DO ALL OF THE
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1 FOLLOWING:
2 (1) SET FORTH ELIGIBILITY FOR RELIEF UNDER THIS PROGRAM
3 AND DETERMINE GUIDELINES ON THE AMOUNT OF RELIEF TO BE PAID
4 BASED ON THE NEED DEMONSTRATED BY THE APPLICANT AND THE
5 AMOUNT OF MONEY IN THE FUND AT THE TIME OF APPLICATION.
6 (2) SET FORTH THE MAXIMUM AMOUNT OF RELIEF AND THE
7 MAXIMUM NUMBER OF APPLICANTS PER EVENT OR EPISODE.
8 (3) SET FORTH ANY OTHER INFORMATION NECESSARY FOR THE
9 ADMINISTRATION AND ENFORCEMENT OF THE PROGRAM.
10 (D) MONEYS RECEIVED.--ALL MONEYS RECEIVED FROM THE VOLUNTARY
11 CONTRIBUTION SYSTEM ESTABLISHED IN SECTION 315.8 OF THE TAX
12 REFORM CODE OF 1971 SHALL BE DEPOSITED IN THE FUND.
13 (E) OTHER VOLUNTARY CONTRIBUTIONS.--IN ADDITION TO THE
14 VOLUNTARY CONTRIBUTION SYSTEM ESTABLISHED IN SECTION 315.8 OF
15 THE TAX REFORM CODE OF 1971, THE COMMONWEALTH IS ALSO AUTHORIZED
16 TO ACCEPT OTHER VOLUNTARY CONTRIBUTIONS AND ELECTRONIC DONATIONS
17 TO THE FUND. ALL OTHER VOLUNTARY CONTRIBUTIONS AND ELECTRONIC
18 DONATIONS SHALL BE DEPOSITED INTO THE FUND. IN ADDITION, THE
19 DEPARTMENT SHALL ENSURE THAT APPLICATIONS TO RECEIVE ASSISTANCE
20 FROM THIS FUND CAN BE OBTAINED ELECTRONICALLY. ALL AGENCIES OF
21 STATE, COUNTY AND MUNICIPAL GOVERNMENT WITHIN THIS COMMONWEALTH
22 MAY INCLUDE A BRIEF DESCRIPTION OF THE MILITARY FAMILY RELIEF
23 ASSISTANCE PROGRAM, THE ELECTRONIC AND MAILING ADDRESS TO MAKE
24 DONATIONS TO THIS FUND AND THE ELECTRONIC AND MAILING ADDRESS TO
25 REQUEST ASSISTANCE FROM THIS PROGRAM IN THEIR PUBLICATIONS,
26 MAILINGS AND COMMUNICATIONS.
27 (F) FUTURE APPROPRIATIONS.--THE GENERAL ASSEMBLY MAY
28 APPROPRIATE FUNDS FOR TRANSFER TO THE FUND FOR THE PURPOSES OF
29 THIS SECTION.
30 (G) USE OF FUND MONEY.--THE MONEYS CONTAINED IN THE FUND ARE
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1 HEREBY APPROPRIATED ON A CONTINUING BASIS TO THE DEPARTMENT OF
2 MILITARY AND VETERANS AFFAIRS FOR THE EXCLUSIVE USE OF CARRYING
3 OUT THE PURPOSES OF THIS SECTION.
4 (H) EXPIRATION.--THIS SECTION SHALL EXPIRE FIVE YEARS FROM
5 THE EFFECTIVE DATE OF THIS SECTION.
6 (I) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
7 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
8 SUBSECTION:
9 "ELIGIBLE RELATIVE OF AN ELIGIBLE SERVICE MEMBER." THE
10 DEPENDENT SPOUSE OR DEPENDENT CHILD OF THE ELIGIBLE SERVICE
11 MEMBER OR, IN THE CASE OF APPLICANTS FOR FINANCIAL ASSISTANCE TO
12 VISIT A HOSPITALIZED SERVICE MEMBER, THE SERVICE MEMBER'S
13 SPOUSE, PARENT, SIBLING OR CHILD. AN ELIGIBLE RELATIVE MUST BE A
14 RESIDENT OF PENNSYLVANIA AT THE TIME OF APPLICATION FOR
15 ASSISTANCE.
16 "ELIGIBLE SERVICE MEMBER."
17 (1) EITHER OF THE FOLLOWING:
18 (I) A MEMBER OF THE ARMED FORCES OF THE UNITED
19 STATES OR ITS RESERVE COMPONENTS WHO IS SERVING ON ACTIVE
20 DUTY OR STATE ACTIVE DUTY FOR A PERIOD OF 30 OR MORE
21 CONSECUTIVE DAYS.
22 (II) A MEMBER OF THE PENNSYLVANIA NATIONAL GUARD
23 SERVING ON STATE ACTIVE DUTY FOR A PERIOD OF 30 OR MORE
24 CONSECUTIVE DAYS.
25 (2) AN ELIGIBLE SERVICE MEMBER MUST HAVE BEEN A RESIDENT
26 OF PENNSYLVANIA WHEN HE OR SHE ENTERED MILITARY SERVICE AND
27 MUST BE A RESIDENT OF PENNSYLVANIA AT THE TIME OF THE
28 APPLICATION FOR ASSISTANCE.
29 "RESIDENT OF PENNSYLVANIA." EITHER OF THE FOLLOWING:
30 (1) AN INDIVIDUAL WHO IS DOMICILED IN THIS COMMONWEALTH.
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1 THE INDIVIDUAL MUST EITHER PHYSICALLY RESIDE IN PENNSYLVANIA
2 OR BE ABSENT FROM THE STATE PURSUANT TO MILITARY ORDERS. AN
3 INDIVIDUAL'S SPOUSE OR DEPENDENT WHO IS DOMICILED IN THIS
4 COMMONWEALTH BUT WHO IS STATIONED IN ANOTHER STATE OR COUNTRY
5 SHALL QUALIFY UNDER THE PROGRAM AS A RESIDENT OF PENNSYLVANIA
6 SO LONG AS THE PERSON DOES NOT BECOME DOMICILED IN ANOTHER
7 STATE.
8 (2) AN INDIVIDUAL WHO QUALIFIES UNDER THE DEFINITION OF
9 "RESIDENT INDIVIDUAL" IN SECTION 301(P) OF THE ACT OF MARCH
10 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
11 Section 2. The sum of $250,000 is hereby appropriated from <--
12 the General Fund to the Military Family Relief Assistance Fund.
13 Section 3 2. This act shall take effect immediately. <--
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