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HOUSE AMENDED
PRIOR PRINTER'S NO. 1560
PRINTER'S NO. 2113
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1076
Session of
2020
INTRODUCED BY BAKER, MENSCH, IOVINO, SABATINA, ARNOLD,
MASTRIANO, MUTH, BREWSTER, FONTANA, LEACH, SANTARSIERO,
J. WARD, KILLION, TARTAGLIONE, COSTA, AUMENT AND REGAN,
MARCH 9, 2020
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 21, 2020
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in military leave of absence, further
providing for military family relief assistance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7319(h) of Title 51 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 7319. Military family relief assistance.
* * *
[(h) Expiration.--This section shall expire June 30, 2020.]
* * *
SECTION 1. SECTION 7319 OF TITLE 51 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS REENACTED AND AMENDED TO READ:
§ 7319. MILITARY FAMILY RELIEF ASSISTANCE.
(A) ESTABLISHMENT OF FUND.--IN ORDER TO CARRY OUT THE
PURPOSES OF SECTION 315.8 OF THE ACT OF MARCH 4, 1971 (P.L.6,
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NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, THERE IS HEREBY
ESTABLISHED IN THE STATE TREASURY A RESTRICTED REVENUE ACCOUNT
WITHIN THE GENERAL FUND WHICH SHALL BE KNOWN AS THE MILITARY
FAMILY RELIEF ASSISTANCE FUND.
(B) ADMINISTRATION OF PROGRAM.--
(1) THE DEPARTMENT SHALL ADMINISTER AND STAFF THE
PROGRAM ESTABLISHED IN PARAGRAPH (2) AND SHALL ACCEPT
VOLUNTARY CONTRIBUTIONS FROM PERSONS FOR THE FUND. THE
DEPARTMENT MAY CONSULT WITH ANY GOVERNMENTAL OR
NONGOVERNMENTAL ORGANIZATION AS IS NECESSARY TO COMPLETE THE
REQUIREMENTS UNDER THIS SECTION BUT SHALL NOT ENTER INTO AN
AGREEMENT OR CONTRACT WITH ANY SUCH ORGANIZATION FOR THE
STAFFING FUNCTIONS OF THE PROGRAM.
(2) THE MILITARY FAMILY RELIEF ASSISTANCE PROGRAM IS
ESTABLISHED. CONTRIBUTIONS RECEIVED FOR THE FUND SHALL BE
DISTRIBUTED BY THE DEPARTMENT UNDER THE PROGRAM TO ELIGIBLE
SERVICE MEMBERS AND ELIGIBLE RELATIVES OF ELIGIBLE SERVICE
MEMBERS. APPLICANTS MUST DEMONSTRATE TO THE DEPARTMENT THAT
THEY HAVE A DIRECT AND IMMEDIATE FINANCIAL NEED AS A RESULT
OF CIRCUMSTANCES BEYOND THE CONTROL OF AND NOT AS A RESULT OF
MISCONDUCT BY THE SERVICE MEMBER. THE APPLICANT SHALL
DEMONSTRATE THAT THE FINANCIAL NEED IS CAUSED BY ONE OR MORE
OF THE FOLLOWING:
(I) A SUDDEN OR UNEXPECTED LOSS OF INCOME, REAL OR
PERSONAL PROPERTY, ASSETS OR SUPPORT DIRECTLY RELATED TO
THE MILITARY SERVICE OF, OR EXIGENT CIRCUMSTANCES
AFFECTING, THE SERVICE MEMBER.
(II) THE DEATH OR CRITICAL ILLNESS OF A PARENT,
SPOUSE, SIBLING OR CHILD RESULTING IN AN IMMEDIATE NEED
FOR TRAVEL, LODGING OR SUBSISTENCE FOR WHICH THE
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APPLICANT LACKS FINANCIAL RESOURCES.
(III) THE WOUNDING OF THE SERVICE MEMBER IN THE LINE
OF DUTY SUSTAINED AS A RESULT OF COMBAT OR ATTACK
RESULTING IN AN IMMEDIATE NEED FOR FUNDS FOR TRAVEL,
LODGING, SUBSISTENCE OR OTHER ACTIVITIES DIRECTLY RELATED
TO THE CASUALTY FOR WHICH THE APPLICANT LACKS FINANCIAL
RESOURCES. NO MORE THAN TWO ELIGIBLE RELATIVES OF AN
ELIGIBLE SERVICE MEMBER MAY RECEIVE ASSISTANCE UNDER THIS
SUBPARAGRAPH.
(IV) A NATURAL OR MANMADE DISASTER OR OTHER EXIGENT
CIRCUMSTANCES RESULTING IN DEPRIVATION OF FOOD, SHELTER
OR OTHER NECESSITIES OF LIFE FOR WHICH THE APPLICANT
LACKS FINANCIAL RESOURCES.
(V) EMERGENCY NEED FOR CHILD CARE OF DEPENDENT
CHILDREN FOR WHICH THE APPLICANT LACKS FINANCIAL
RESOURCES.
(VI) OTHER IMMEDIATE AND NECESSITOUS CAUSE
DETERMINED IN THE GUIDELINES ESTABLISHED FOR THE PROGRAM
THAT EXCEEDS THE FINANCIAL RESOURCES OF THE APPLICANT
WHERE FAILURE TO PROVIDE EMERGENCY ASSISTANCE WILL
SUBSTANTIALLY OPERATE TO THE DETRIMENT OF THE SERVICE
MEMBER OR HIS OR HER DEPENDENTS.
(3) IN ORDER TO QUALIFY FOR ASSISTANCE UNDER THIS
PROGRAM, APPLICANTS MAY BE REQUIRED UNDER THE GUIDELINES OF
THIS PROGRAM TO SEEK RELIEF FROM OTHER AVAILABLE SOURCES
PRIOR TO APPLYING FOR THIS PROGRAM.
(4) AN APPLICANT MAY APPEAL A DECISION OF THE DEPARTMENT
TO THE ADJUTANT GENERAL. THE ADJUTANT GENERAL SHALL HAVE THE
AUTHORITY TO MAKE A FINAL DETERMINATION CONCERNING ANY
APPEAL.
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(C) GUIDELINES.--THE DEPARTMENT SHALL, IN CONSULTATION WITH
THE CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS
COMMITTEE OF THE SENATE, THE CHAIRMAN AND MINORITY CHAIRMAN OF
THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES,
THE CHAIRMAN AND MINORITY CHAIRMAN OF THE VETERANS AFFAIRS AND
EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE AND THE CHAIRMAN
AND MINORITY CHAIRMAN OF THE VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, DEVELOP
GUIDELINES NECESSARY TO ADMINISTER THE PROVISIONS OF THIS
SECTION. THE GUIDELINES ESTABLISHED UNDER THIS SUBSECTION SHALL
DO ALL OF THE FOLLOWING:
(1) SET FORTH ELIGIBILITY FOR RELIEF UNDER THIS PROGRAM
AND DETERMINE THE AMOUNT OF RELIEF TO BE PAID BASED ON THE
NEED DEMONSTRATED BY THE APPLICANT AND THE AMOUNT OF MONEY IN
THE FUND AT THE TIME OF APPLICATION.
(2) SET FORTH THE MAXIMUM AMOUNT OF RELIEF AND THE
MAXIMUM NUMBER OF APPLICANTS PER EVENT OR EPISODE.
(3) SET FORTH ANY OTHER INFORMATION NECESSARY FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE PROGRAM.
(4) THE GUIDELINES ESTABLISHED PURSUANT TO THIS SECTION
SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN BUT SHALL NOT
BE SUBJECT TO REVIEW PURSUANT TO SECTION 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW, SECTIONS 204(B) AND 301(10) OF
THE ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
COMMONWEALTH ATTORNEYS ACT, OR THE ACT OF JUNE 25, 1982
(P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW ACT.
(D) MONEYS RECEIVED.--ALL MONEYS RECEIVED FROM THE VOLUNTARY
CONTRIBUTION SYSTEM ESTABLISHED IN SECTION 315.8 OF THE TAX
REFORM CODE OF 1971 SHALL BE DEPOSITED IN THE FUND.
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(E) OTHER VOLUNTARY CONTRIBUTIONS.--IN ADDITION TO THE
VOLUNTARY CONTRIBUTION SYSTEM ESTABLISHED IN SECTION 315.8 OF
THE TAX REFORM CODE OF 1971, THE COMMONWEALTH IS ALSO AUTHORIZED
TO ACCEPT OTHER VOLUNTARY CONTRIBUTIONS AND ELECTRONIC DONATIONS
TO THE FUND. ALL OTHER VOLUNTARY CONTRIBUTIONS AND ELECTRONIC
DONATIONS SHALL BE DEPOSITED INTO THE FUND. IN ADDITION, THE
DEPARTMENT SHALL ENSURE THAT APPLICATIONS TO RECEIVE ASSISTANCE
FROM THIS FUND CAN BE OBTAINED ELECTRONICALLY. ALL AGENCIES OF
STATE, COUNTY AND MUNICIPAL GOVERNMENT WITHIN THIS COMMONWEALTH
MAY INCLUDE A BRIEF DESCRIPTION OF THE MILITARY FAMILY RELIEF
ASSISTANCE PROGRAM, THE ELECTRONIC AND MAILING ADDRESS TO MAKE
DONATIONS TO THIS FUND AND THE ELECTRONIC AND MAILING ADDRESS TO
REQUEST ASSISTANCE FROM THIS PROGRAM IN THEIR PUBLICATIONS,
MAILINGS AND COMMUNICATIONS.
(F) FUTURE APPROPRIATIONS.--THE GENERAL ASSEMBLY MAY
APPROPRIATE FUNDS FOR TRANSFER TO THE FUND FOR THE PURPOSES OF
THIS SECTION.
(G) USE OF FUND MONEY.--THE MONEYS CONTAINED IN THE FUND ARE
HEREBY APPROPRIATED ON A CONTINUING BASIS TO THE DEPARTMENT OF
MILITARY AND VETERANS AFFAIRS FOR THE EXCLUSIVE USE OF CARRYING
OUT THE PURPOSES OF THIS SECTION.
[(H) EXPIRATION.--THIS SECTION SHALL EXPIRE JUNE 30, 2020.]
(I) REPORTING.--BEGINNING ON OR BEFORE JULY 30, 2006, AND
EVERY YEAR THEREAFTER FOR THE LENGTH OF THE PROGRAM, THE
DEPARTMENT SHALL SUBMIT A REPORT TO THE CHAIRMAN AND MINORITY
CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
OF THE HOUSE OF REPRESENTATIVES, THE CHAIRMAN AND MINORITY
CHAIRMAN OF THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS
COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN
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OF THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF
THE HOUSE OF REPRESENTATIVES DETAILING THE PROGRAM'S GUIDELINES,
THE NUMBER OF APPLICANTS, THE TOTAL AMOUNT OF MONEY RAISED AND
DISTRIBUTED AND THE TYPE OF APPLICANT NEED. THE REPORT SHALL
ALSO SET FORTH ANY PARTICIPATION BY A GOVERNMENTAL OR
NONGOVERNMENTAL ORGANIZATION UTILIZED IN THE FURTHERANCE OF THE
PROGRAM.
(J) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION:
"ELIGIBLE RELATIVE OF AN ELIGIBLE SERVICE MEMBER." THE
DEPENDENT SPOUSE OR DEPENDENT CHILD OF THE ELIGIBLE SERVICE
MEMBER OR, IN THE CASE OF APPLICANTS FOR FINANCIAL ASSISTANCE TO
VISIT A HOSPITALIZED SERVICE MEMBER, THE SERVICE MEMBER'S
SPOUSE, PARENT, SIBLING OR CHILD. AN ELIGIBLE RELATIVE MUST BE A
RESIDENT OF PENNSYLVANIA AT THE TIME OF APPLICATION FOR
ASSISTANCE.
"ELIGIBLE SERVICE MEMBER."
(1) ANY OF THE FOLLOWING:
(I) A MEMBER OF THE ARMED FORCES OF THE UNITED
STATES OR ITS RESERVE COMPONENTS, INCLUDING THE
PENNSYLVANIA NATIONAL GUARD, WHO IS SERVING ON ACTIVE
DUTY OTHER THAN ACTIVE DUTY FOR TRAINING FOR A PERIOD OF
30 OR MORE CONSECUTIVE DAYS.
(II) A MEMBER OF THE PENNSYLVANIA NATIONAL GUARD
SERVING ON STATE ACTIVE DUTY FOR A PERIOD OF 30 OR MORE
CONSECUTIVE DAYS.
(III) A MEMBER IN GOOD STANDING OF ANY RESERVE
COMPONENT OF THE ARMED FORCES OF THE UNITED STATES,
INCLUDING THE PENNSYLVANIA NATIONAL GUARD, FOR A PERIOD
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OF THREE YEARS AFTER RELEASE FROM A TOUR OF ACTIVE DUTY,
OTHER THAN ACTIVE DUTY FOR TRAINING, OR RELEASE FROM A
TOUR OF STATE ACTIVE DUTY OF 30 OR MORE CONSECUTIVE DAYS'
DURATION WHEN THE NEED FOR ASSISTANCE IS DIRECTLY RELATED
TO THE CIRCUMSTANCES UNDER SUBSECTION (B)(2).
(IV) A FORMER MEMBER OF THE ARMED FORCES OF THE
UNITED STATES OR ITS RESERVE COMPONENTS, INCLUDING THE
PENNSYLVANIA NATIONAL GUARD, FOR A PERIOD OF FOUR YEARS
AFTER DISCHARGE IF:
(A) THE MEMBER WAS DISCHARGED FOR MEDICAL
REASONS ARISING OUT OF THE MEMBER'S MILITARY SERVICE.
(B) THE MEDICAL DISABILITY THAT RESULTED IN THE
MEMBER'S DISCHARGE WAS INCURRED IN THE LINE OF DUTY
AND WAS NOT THE RESULT OF MISCONDUCT.
(C) THE MEDICAL CONDITION GIVING RISE TO THE
DISCHARGE DID NOT EXIST PRIOR TO THE MEMBER ENTERING
MILITARY SERVICE.
(D) THE MEDICAL DISABILITY WAS INCURRED WHILE
THE MEMBER WAS SERVING ON ACTIVE DUTY, OTHER THAN
ACTIVE DUTY FOR TRAINING, OR STATE ACTIVE DUTY FOR A
PERIOD OF 30 OR MORE CONSECUTIVE DAYS.
(E) THE FORMER MEMBER RECEIVED AN HONORABLE
DISCHARGE FOR MEDICAL REASONS.
(F) THE NEED FOR ASSISTANCE IS DIRECTLY RELATED
TO THE FORMER MEMBER'S MILITARY SERVICE, TO EXIGENT
CIRCUMSTANCES BEYOND THE ELIGIBLE MEMBER'S CONTROL OR
THE DISABILITY INCURRED IN THE LINE OF DUTY OF THE
MILITARY SERVICE.
(2) AN ELIGIBLE SERVICE MEMBER MUST BE A RESIDENT OF
PENNSYLVANIA AT THE TIME OF THE APPLICATION FOR ASSISTANCE.
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"EXIGENT CIRCUMSTANCES." EMERGENCY OR EXTRAORDINARY
SITUATIONS OR CONDITIONS RESULTING IN AN ELIGIBLE SERVICE MEMBER
BEING UNABLE TO PROVIDE THE NECESSITIES OF LIVING FOR THE MEMBER
OR THE MEMBER'S DEPENDENTS DUE TO FACTORS BEYOND THE MEMBER'S
CONTROL. THE TERM INCLUDES, BUT IS NOT LIMITED TO, NATURAL OR
MANMADE DISASTERS, LOSS OF HOME, LOSS OF EMPLOYMENT, DISABILITY
OR SERIOUS ILLNESS OR INJURY.
"RESIDENT OF PENNSYLVANIA." EITHER OF THE FOLLOWING:
(1) AN INDIVIDUAL WHO IS DOMICILED IN THIS COMMONWEALTH.
THE INDIVIDUAL MUST EITHER PHYSICALLY RESIDE IN PENNSYLVANIA
OR BE ABSENT FROM THE STATE PURSUANT TO MILITARY ORDERS. AN
INDIVIDUAL'S SPOUSE OR DEPENDENT WHO IS DOMICILED IN THIS
COMMONWEALTH BUT WHO IS STATIONED IN ANOTHER STATE OR COUNTRY
SHALL QUALIFY UNDER THE PROGRAM AS A RESIDENT OF PENNSYLVANIA
SO LONG AS THE PERSON DOES NOT BECOME DOMICILED IN ANOTHER
STATE.
(2) AN INDIVIDUAL WHO QUALIFIES UNDER THE DEFINITION OF
"RESIDENT INDIVIDUAL" IN SECTION 301(P) OF THE TAX REFORM
CODE OF 1971.
Section 2. This act shall take effect immediately.
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