Pennsylvania Act 1996-56 — MILITARY AFFAIRS (51 PA.C.S.) - AMEND

Act text

MILITARY AFFAIRS (51 PA.C.S.) - AMEND
                  Act of Jun. 19, 1996, P.L. 344, No. 56              Cl. 51
                             Session of 1996
                               No. 1996-56

     SB 698

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, further providing for educational aid
        for certain members of the Pennsylvania National Guard; and
        conferring powers and duties on the Adjutant General, the
        Department of Military Affairs and the Pennsylvania Higher
        Education Assistance Agency.

        The General Assembly finds and declares as follows:
            (1)  The Pennsylvania National Guard must recruit
        thousands of young Pennsylvanians each year to attain and
        sustain its required troop strength to meet Federal manning
        requirements and to provide the Governor with a well-trained
        and organized military force to respond to emergencies in
        this Commonwealth.
            (2)  The men and women of the Pennsylvania National Guard
        face increasing leadership and technical challenges and the
        percentage of members of the National Guard with post-high
        school, college and technical education must be increased to
        meet these challenges.
            (3)  Currently available programs are not adequate to
        meet the financial needs of National Guard personnel who are
        pursuing a higher education or to attract young men and women
        into the National Guard who are high school graduates with
        the desire and ability to pursue their higher education in
        Commonwealth colleges and universities or business, trade and
        technical schools.
            (4)  The Pennsylvania National Guard needs a cadre of
        well-educated leaders to lead the Guard now and in the
        future.
            (5)  An innovative education assistance program will
        provide public service educational grants for members of the
        Pennsylvania National Guard and will keep Pennsylvania
        student soldiers in this Commonwealth and benefit
        Pennsylvania communities.
            (6)  An educational assistance program will reward those
        young Pennsylvanians who volunteer to serve their nation and
        Commonwealth as part of the Pennsylvania National Guard and
        will make this Commonwealth more competitive with other
        states and regular forces in the educational benefits offered
        to military personnel.
            (7)  The Educational Assistance Program is designed to
        provide public service educational grants to members of the
        Pennsylvania National Guard by means of grants administered
        by the Pennsylvania Higher Education Assistance Agency.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 3104 of Title 51 of the Pennsylvania
     Consolidated Statutes is repealed.
        Section 2.  Title 51 is amended by adding a chapter to read:
                                CHAPTER 32
                      EDUCATIONAL ASSISTANCE PROGRAM
     Sec.
     3201.  Definitions.
     3202.  Eligibility.
     3203.  Certification of eligibility.
     3204.  Grants.
     3205.  Amount of grants.
     3206.  Limitations.
     3207.  Recoupment of grant payments.
     3208.  Regulations.
     3209.  Administration.
      § 3201.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Agency."  The Pennsylvania Higher Education Assistance
     Agency.
        "Approved institution of higher learning."  An educational
     institution offering a post-secondary program of education
     located in this Commonwealth and approved by the Pennsylvania
     Higher Education Assistance Agency.
        "Approved program of education."  A degree- or certificate-
     granting curriculum or course of study to be pursued on a full-
     time or part-time basis or its equivalent as determined by the
     Pennsylvania Higher Education Assistance Agency, at an approved
     institution of higher learning.
        "Department."  The Department of Military and Veterans
     Affairs of the Commonwealth.
        "Eligible member."  A member of the Pennsylvania National
     Guard who meets the criteria specified in section 3202 (relating
     to eligibility) and who has been awarded a certificate of
     eligibility under section 3203 (relating to certification of
     eligibility).
        "Full-time student."  A student enrolled in an approved
     institution of higher learning pursuing an approved program of
     education equal to or greater than 15 credit hours or its
     equivalent recognized by the Pennsylvania Higher Education
     Assistance Agency as a full-time course of study.
        "Part-time student."  A student enrolled in an approved
     institution of higher education pursuing an approved program of
     education of less than 15 credit hours or its equivalent
     recognized by the Pennsylvania Higher Education Assistance
     Agency as a part-time course of study.
        "Program."  The Educational Assistance Program established in
     this chapter.
        "Qualified resident."  An individual who has been a bona fide
     resident of this Commonwealth for a period of at least 12
     consecutive months immediately prior to the time an application
     for a grant is made. The Pennsylvania Higher Education
     Assistance Agency shall make the final decision on whether an
     applicant is a qualified resident.
      § 3202.  Eligibility.
        (a)  General rule.--A Pennsylvania National Guard member is
     eligible to receive a public service educational grant under
     this chapter if the member meets all of the following
     eligibility criteria:
            (1)  The member is a qualified resident of this
        Commonwealth.
            (2)  The member serves in an enlisted grade or in the
        grade of a warrant officer 1, warrant officer 2, first
        lieutenant or second lieutenant.
            (3)  The member is a member in good standing and has been
        a satisfactory participant in Pennsylvania National Guard
        activities for a minimum service period established by the
        Adjutant General.
            (4)  The member has enrolled as a student in an approved
        program of education at an approved institution of higher
        learning.
        (b)  Additional eligibility criteria for full-time student
     assistance grants.--In addition to the eligibility criteria
     specified in subsection (a), a student must meet the following
     eligibility criteria to qualify for a full-time student
     assistance grant:
            (1)  The member does not possess a baccalaureate degree.
            (2)  The member accepts an obligation to serve in the
        Pennsylvania National Guard for a period of six years from
        the date of entry into the program by enlistment,
        reenlistment, extension of enlistment or execution of a
        service commitment.
            (3)  The member has enrolled as a full-time student in an
        approved program of education at an approved institution of
        higher learning.
            (4)  The member is not receiving a Reserve Officer
        Training Corps (ROTC) Scholarship.
      § 3203.  Certification of eligibility.
        The department shall certify members of the Pennsylvania
     National Guard as eligible to participate in the program who
     meet the eligibility criteria set forth in section 3202
     (relating to eligibility) and shall provide the agency with a
     certificate of eligibility for an eligible member.
      § 3204.  Grants.
        (a)  General rule.--From the funds appropriated specifically
     for the purposes of this chapter, grants shall be provided to
     eligible members for the purpose of pursuing approved programs
     of education.
        (b)  Promissory notes.--At the receipt of the grant, an
     eligible member shall sign a promissory note to repay the full
     amount of the grant. The promissory note shall be conditional
     upon noncompletion of the service obligation under section
     3207(a) (relating to recoupment of grant payments).
      § 3205.  Amount of grants.
        (a)  Full-time student assistance grants.--Grants awarded
     under this chapter to full-time students shall be determined by
     the agency without regard to financial need and shall not exceed
     for each academic year the lesser of:
            (1)  the tuition of the approved institution of higher
        learning for the approved program of education in which the
        member is enrolled; or
            (2)  two-thirds of the tuition charged to a resident of
        this Commonwealth at a member institution of the State System
        of Higher Education for the same academic year.
        (b)  Part-time student assistance grants.--Grants awarded
     under this chapter to part-time students shall be determined by
     the agency without regard to financial need and shall not exceed
     for each academic year or period the lesser of:
            (1)  one-half of the tuition for the part-time course of
        study in which the member is enrolled; or
            (2)  one-third of the tuition charged to a resident of
        the Commonwealth at a member institution of the State System
        of Higher Education for the same academic year or period.
        (c)  Other grants.--The agency shall not reduce the amount of
     other agency grants or aid for which the eligible member
     qualifies on account of the member's eligibility for or receipt
     of grants under this chapter.
        (d)  Adjustments.--If the agency and the Adjutant General
     determine that the amount appropriated for the program in any
     year will be insufficient to provide grants in the amounts set
     forth in this section to all eligible members, the agency and
     the department may reduce the maximum amount of the grants
     proportionately or set a limit on the number of participants to
     ensure that sums expended do not exceed appropriations.
      § 3206.  Limitations.
        (a)  Time.--No member shall be eligible for full-time or
     part-time student assistance grants or a combination thereof
     under this chapter for a total of more than five academic years
     or their equivalent as determined by the agency.
        (b)  Active duty.--No grant payments shall be made under this
     chapter except during the eligible member's term of service as a
     member in good standing of the Pennsylvania National Guard.
      § 3207.  Recoupment of grant payments.
        (a)  General rule.--An eligible member who fails to meet the
     requirements of this chapter as a result of participation in
     this program or to meet other requirements established by the
     Adjutant General or the agency is liable to the Commonwealth for
     repayment of all grant payments made. The Adjutant General shall
     notify the agency if an eligible member fails to complete the
     service obligation, and the promissory note under section
     3204(b) (relating to grants) shall be payment in full upon
     demand by the agency on a schedule as the agency may determine.
        (b)  Forgiveness of recoupment.--The Adjutant General may
     advise the agency to forgive recoupment of all or part of an
     eligible member's grant payments if the Adjutant General
     determines that the member's failure to fulfill the six-year
     service obligation was the result of the eligible member's
     death, discharge because of disability incurred in line of duty,
     discharge because of a medical determination that the eligible
     member is medically unfit for duty when the medical condition is
     outside the eligible member's control and is not due to his
     misconduct or discharge or release because of other compelling
     circumstances outside the eligible member's control.
      § 3208.  Regulations.
        The Adjutant General and the agency may promulgate
     regulations to carry out the provisions of this chapter.
      § 3209.  Administration.
        The General Assembly shall appropriate funds to pay full-time
     and part-time student assistance grants under this chapter. A
     portion of the funds appropriated may be used to pay the costs
     of the administration of this chapter. Administrative costs for
     the 1996-1997 fiscal year shall not exceed 5% of the total
     amount of funds appropriated. Administrative costs in subsequent
     years shall not exceed 4% of the total amount of funds
     appropriated and shall be based on the processing fee for the
     total number of applications.
        Section 3.  (a)  From appropriations to it for this purpose,
     the Department of Military Affairs may continue to pay tuition
     credit grants to members who, prior to the effective date of
     this act, received or applied for grants under 51 Pa.C.S. § 3104
     for not more than three years after the effective date of this
     act.
        (b)  A member of the Pennsylvania National Guard in an
     enlisted grade or in the grade of a warrant officer 1, warrant
     officer 2, first lieutenant or second lieutenant after
     completing a minimum enlistment period as defined by the
     Adjutant General, who enrolls in a Pennsylvania institution of
     higher learning, with degree-granting status as approved by the
     Department of Education, shall receive a grant of one-half the
     cost of the credit, with a maximum of $60 per credit while
     satisfactorily enrolled, with a maximum of six credits per
     quarter or semester or 12 credits per year.
        (c)  Grants shall be paid only upon certification each
     quarter or semester by the Adjutant General that the student is
     a current member in good standing with the Pennsylvania National
     Guard and that his current enlistment extends beyond the
     expiration date of the current quarter or semester.
        (d)  The Department of Military Affairs shall administer the
     educational grants provided in this section from an
     appropriation made annually to the department for this purpose.
     The department may promulgate rules and regulations on the
     administration and management of this program. The grant program
     shall not exceed the amount of the appropriation. If the
     department determines that the amount appropriated will be
     insufficient to pay the grants in amounts set forth in
     subsection (b), the department shall reduce the amount of the
     grant payments proportionately so that the expenditures do not
     exceed the amounts appropriated.
        (e)  No person shall receive a grant under this section if he
     is awarded a grant under 51 Pa.C.S. Ch. 32.
        Section 4.  This act shall take effect July 1, 1996.

     APPROVED--The 19th day of June, A. D. 1996.

     THOMAS J. RIDGE