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PRINTER'S NO. 471
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
450
Session of
2017
INTRODUCED BY MURT, READSHAW, DRISCOLL, DAVIS, MILLARD, McNEILL,
J. HARRIS, KINSEY, BOBACK, V. BROWN, KORTZ, SAYLOR, D. COSTA,
SAINATO, NEILSON, DeLUCA, DEASY AND FARRY, FEBRUARY 13, 2017
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, FEBRUARY 13, 2017
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in educational gratuity program,
establishing the Medal of Honor and Purple Heart Recipient
Tuition Waiver Program; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Chapter 87 of Title 51 of the
Pennsylvania Consolidated Statutes is amended to read:
CHAPTER 87
EDUCATIONAL [GRATUITY PROGRAM] AWARDS
Section 2. Chapter 87 of Title 51 is amended by adding a
subchapter heading to read:
SUBCHAPTER A
PRELIMINARY PROVISIONS
Section 3. Section 8701 of Title 51 is amended to read:
§ 8701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Commission." The State Veterans' Commission established
under section 1702 (relating to State Veterans' Commission).
"Educational institution." Any college or university of the
State System of Higher Education, a State-aided educational or
training institution of a secondary or college grade or other
institution of higher education, a business school, a trade
school, a hospital school providing training for nurses, an
institution providing courses in beauty culture, art, radio or
undertaking or embalming, or such other educational training
within this Commonwealth approved by the commission.
"Eligible disabled or deceased veteran." A person who served
in the military or naval forces of the United States, or a
women's organization officially connected therewith, who:
(1) was killed in action or died as a result of wounds
incurred during a period of war or armed conflict or as a
result of hostile fire or terrorist attack during peacetime
(as determined by the Department of Military Affairs);
(2) died in service during a period of war or armed
conflict;
(3) was honorably discharged from the military or naval
forces of the United States and certified by the United
States Veterans' Administration as a 100% disabled veteran as
a result of service during a period of war or armed conflict
or as a result of hostile fire or terrorist attack (as
determined by the Department of Military Affairs) during
peacetime; or
(4) was honorably discharged from the military or naval
forces of the United States and died as a result of a
service-connected disability (as certified by the United
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States Veterans' Administration) incurred during a period of
war or armed conflict or as a result of peacetime hostile
fire or terrorist attack (as determined by the Department of
Military Affairs).
"Qualified child." Any child meeting the requirements of
section [8703] 8712 (relating to eligibility and qualification
requirements).
Section 4. Chapter 87 of Title 51 is amended by adding a
subchapter heading to read:
SUBCHAPTER B
EDUCATIONAL GRATUITY
Section 5. Sections 8702 and 8703 of Title 51 are renumbered
to read:
§ [8702] 8711. Educational gratuity payments.
(a) General rule.--The commission shall make educational
gratuity payments not exceeding $500 per term or semester per
qualified child to each approved educational institution upon
submission by that approved educational institution of proof
that bills have been incurred or contracted covering
matriculation fees and other necessary fees, tuition, board,
room rent, books and supplies for a qualified child in a
definite amount for the school year.
(b) Records.--The commission shall attach the proof
submitted under subsection (a) to the requisition prepared for
payment out of appropriations made by the General Assembly for
purposes of the educational gratuity payments.
(c) Duration of payments.--Whenever a qualified child is
completing an educational or training course and becomes 23
years of age before completing the course, the educational
gratuity payment may be paid until the course is completed. No
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educational gratuity payments may be made for any qualified
child for a period longer than four scholastic years, provided,
however, that the department may adjust the payments per term or
semester per child so that the total payments do not exceed the
amount of the appropriation.
§ [8703] 8712. Eligibility and qualification requirements.
(a) Eligibility standards.--The following requirements shall
be used to determine the eligibility of applicants for
educational gratuity payments. The applicant shall be:
(1) Not less than 16 years of age nor more than 23 years
of age.
(2) The child of an eligible disabled or deceased
veteran.
(3) A resident of this Commonwealth for a period of five
years immediately preceding the date the application was
filed.
(b) Qualification determination.--The commission shall
determine qualified applicants based on the following
requirements:
(1) The applicant meets the requirements of subsection
(a).
(2) The applicant is attending an approved educational
institution.
(3) The applicant demonstrates a financial need for the
educational gratuity.
(c) Appeal.--Any aggrieved applicant may appeal the decision
of the commission to the Adjutant General under the provisions
of Title 2 (relating to administrative law and procedure).
Section 6. Chapter 87 of Title 51 is amended by adding a
subchapter to read:
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SUBCHAPTER C
MEDAL OF HONOR AND PURPLE HEART
RECIPIENT TUITION WAIVER PROGRAM
Sec.
8721. Definitions.
8722. Establishment.
8723. Requirements.
8724. Regulations.
§ 8721. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Medal of Honor recipient." A qualified resident who is a
veteran and who has been awarded the Medal of Honor as a result
of the individual's service in the United States Armed Forces.
"Public institution of higher education." One of the
following:
(1) A community college as defined under section 1901-
A(4) of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949.
(2) A State-related institution.
(3) The Pennsylvania State University, the University of
Pittsburgh, Temple University and Lincoln University or a
branch campus of one of these universities.
(4) A member institution of the State System of Higher
Education.
"Purple Heart recipient." A qualified resident who is a
veteran and who has been awarded the Purple Heart as a result of
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the individual's service in the United States Armed Forces.
"Qualified resident." An individual who has been a bona fide
resident of this Commonwealth prior to the time an application
for a tuition waiver is made.
"Tuition." The rate charged to a resident of this
Commonwealth by a public institution of higher education.
"Veteran." An individual who has served in the United States
Armed Forces, including a reserve component or National Guard,
and who has been discharged or released from the service under
conditions other than dishonorable.
§ 8722. Establishment.
There is established the Medal of Honor and Purple Heart
Recipient Tuition Waiver Program.
§ 8723. Requirements.
(a) Waiver.--Beginning in the 2017-2018 academic year, a
public institution of higher education shall waive the tuition
for each Medal of Honor recipient or Purple Heart recipient who:
(1) Is admitted as a full-time or part-time student in a
program of study leading to a degree or certificate.
(2) Provides documentation as required by the department
that provides verification that the applicant meets the
requirements under this subchapter.
(b) Determination.-- The agency shall make the final decision
as to whether an applicant is a qualified resident.
§ 8724. Regulations.
The Adjutant General and the agency may promulgate
regulations to carry out the provisions of this subchapter.
Section 7. This act shall take effect in 60 days.
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