PRINTER'S NO. 82
No. 97 Session of 2001
INTRODUCED BY CAPPABIANCA, M. BAKER, BEBKO-JONES, BELARDI,
BELFANTI, M. COHEN, COLAFELLA, GEIST, GEORGE, GRUCELA,
HARHAI, HERMAN, HORSEY, LAUGHLIN, LEDERER, READSHAW,
B. SMITH, SOLOBAY, STABACK, STEELMAN, SURRA, THOMAS, TIGUE,
WILT, YOUNGBLOOD, YUDICHAK AND WANSACZ, JANUARY 23, 2001
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 23, 2001
AN ACT
1 Amending the act of December 16, 1998 (P.L.980, No.129),
2 entitled "An act providing for a waiver of tuition and other
3 fees for children of certain deceased police officers,
4 National Guard members, firefighters and correction employees
5 at community colleges and State-owned and State-related
6 institutions of higher education and for additional powers
7 and duties of the Pennsylvania Higher Education Assistance
8 Agency and the Department of General Services," expanding the
9 scope of the act to cover law enforcement officers of the
10 Pennsylvania Game Commission.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The title and sections 1 and 2 of the act of
14 December 16, 1998 (P.L.980, No.129), known as the Police
15 Officer, Firefighter, Correction Employee and National Guard
16 Member Child Beneficiary Education Act, are amended to read:
17 AN ACT
18 Providing for a waiver of tuition and other fees for children of
19 certain deceased [police] law enforcement officers, National
20 Guard members, firefighters and correction employees at
1 community colleges and State-owned and State-related
2 institutions of higher education and for additional powers
3 and duties of the Pennsylvania Higher Education Assistance
4 Agency and the Department of General Services.
5 Section 1. Short title.
6 This act shall be known and may be cited as the [Police] Law
7 Enforcement Officer, Firefighter, Correction Employee and
8 National Guard Member Child Beneficiary Education Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Associate degree." An undergraduate degree awarded by a
14 community college, a State-related institution or a State-owned
15 institution.
16 "Baccalaureate degree." An undergraduate degree awarded by a
17 State-owned or State-related institution.
18 "Child" or "children." A resident of this Commonwealth who
19 is the child by birth or adoption of a deceased police officer,
20 firefighter, correction employee or National Guard member killed
21 in the performance of his or her duties.
22 "Community college." A public college or technical institute
23 which is established and operated under Article XIX-A of the act
24 of March 10, 1949 (P.L.30, No.14), known as the Public School
25 Code of 1949, and all branches or campuses of a community
26 college.
27 "Correction employee." An individual employed on a full-time
28 basis at a State or county correctional facility who has care,
29 custody and control of inmates.
30 "Educational gratuity." The waiver by a community college or
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1 a State-owned or State-related institution of tuition, fees and
2 room and board charges for an eligible child.
3 "Firefighter." An individual employed in that capacity on a
4 full-time basis by a municipality or a member of a volunteer
5 fire company of this Commonwealth. The term includes members of
6 a rescue squad or ambulance service as defined in the act of
7 June 24, 1976 (P.L.424, No.101), referred to as the Emergency
8 and Law Enforcement Personnel Death Benefits Act.
9 "Member of the National Guard." A person who is an active
10 member in good standing in the Pennsylvania National Guard.
11 "Municipality." A county, city, borough, incorporated town
12 or township, regardless of form of government.
13 "Pennsylvania Higher Education Assistance Agency" or "PHEAA."
14 The Pennsylvania Higher Education Assistance Agency created by
15 the act of August 7, 1963 (P.L.549, No.290), referred to as the
16 Pennsylvania Higher Education Assistance Agency Act.
17 "Police officer." Any of the following:
18 (1) An individual employed on a full-time or part-time
19 basis by the Commonwealth as:
20 (i) a member of the Pennsylvania State Police Force
21 [or an]; or
22 (ii) a Game Commission officer or deputy Game
23 Commission officer.
24 (2) An individual employed on a full-time or part-time
25 basis as a police officer by a municipality of this
26 Commonwealth.
27 "Program." The Postsecondary Educational Gratuity Program
28 created by this act.
29 "Room and board charge." The amount charged by a community
30 college or a State-owned or State-related institution for
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1 provision of lodging and meals to students enrolled at the
2 community college or State-owned or State-related institution.
3 "State-owned institution." An institution which is part of
4 the State System of Higher Education under Article XX-A of the
5 act of March 10, 1949 (P.L.30, No.14), known as the Public
6 School Code of 1949, and all branches and campuses of a State-
7 owned institution.
8 "State-related institution." The Pennsylvania State
9 University, the University of Pittsburgh, Temple University, the
10 Pennsylvania College of Technology and Lincoln University.
11 "Total institution charges." Tuition and fees plus room and
12 board charges.
13 "Tuition and fees." The instructional charge and any other
14 fee established by the governing board of a community college
15 for Commonwealth residents attending the community college or
16 the instructional fee established by the Board of Governors of
17 the State System of Higher Education for Commonwealth residents
18 attending State-owned institutions. The term includes tuition
19 and fees set by the respective governing bodies of the State-
20 related institutions.
21 "Volunteer fire company." A nonprofit chartered corporation,
22 association or organization located in this Commonwealth which
23 provides fire protection services within this Commonwealth.
24 Section 2. The amendment of the definition of "police
25 officer" in section 2 of the act shall apply retroactively in
26 accordance with section 8 of the act.
27 Section 3. This act shall take effect in 60 days.
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