CORRECTIVE REPRINT
SENATE AMENDED
PRIOR PRINTER'S NOS. 115, 1695, 1859
PRINTER'S NO. 1861
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
131
Session of
2015
INTRODUCED BY BARRAR, V. BROWN, CONKLIN, DAVIDSON, DEASY,
GABLER, A. HARRIS, JAMES, MACKENZIE, READSHAW, SCHLOSSBERG,
TALLMAN, GILLEN, KORTZ, GIBBONS, DEAN, FARRY, BROWNLEE,
DAVIS, SIMS, MOUL AND BARBIN, JANUARY 21, 2015
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 22, 2015
AN ACT
Amending the act of December 15, 1982 (P.L.1266, No.287),
entitled, as amended, "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 attendance at State-
related and State-owned institutions of higher learning and
community colleges; AND PROVIDING FOR APPLICABILITY AND
ELIGIBILITY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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," amended June 28, 1996 (P.L.420, No.60) and July
9, 2010 (P.L.453, No.57), is amended to read:
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
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of tuition to be charged students attending community colleges,
PUBLIC INSTITUTIONS OF HIGHER LEARNING AND State-related and
State-owned institutions of higher learning 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
[or their dependents], their spouses and dependent children who
are assigned to an active duty station in Pennsylvania and who
reside in Pennsylvania and any civilian personnel [or their
dependents], 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. [Military personnel and their dependents]
(a.1) PUBLIC INSTITUTIONS OF HIGHER LEARNING OR State-
related or State-owned institutions.--Veterans, their spouses
and dependent children, military personnel , their spouses and
dependent children and civilian personnel [and their
dependents], their spouses and dependent children who are
admitted to [a community college or] a PUBLIC INSTITUTION OF
HIGHER LEARNING OR A State-related or State-owned 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 [college or] institution.
(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.
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(a.3) Distance learning tuition.--A community college,
PUBLIC INSTITUTION OF HIGHER LEARNING OR State-related or State-
owned institution of higher learning [may] 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 T HE 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).
(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.4) (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).
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(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 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.
"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
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." The Pennsylvania State
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University, the University of Pittsburgh, Temple University and
Lincoln University and their branch campuses.
"Veteran." An individual who served in the United States
Armed Forces, including a reserve component or National Guard
and who was discharged or released from service under conditions
other than dishonorable and is eligible to receive benefits
under 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) and 38
U.S.C. Chs. 30 (relating to all-volunteer force educational
assistance program), 31 (relating to training and rehabilitation
for veterans with service-connected disabilities) and 33
(relating to post-9/11 educational assistance). . THE TERM
INCLUDES AN INDIVIDUAL DESCRIBED IN 33 38 U.S.C. § 3319(B)
(RELATING TO AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS TO
FAMILY MEMBERS).
Section 2. This act shall take effect immediately JULY 1,
2015, OR IMMEDIATELY, WHICHEVER IS LATER.
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