PRINTER'S NO. 1281
No. 1049 Session of 1999
INTRODUCED BY WAUGH, WAGNER, COSTA, KITCHEN, DENT, O'PAKE, TILGHMAN, EARLL, MADIGAN, HELFRICK, SALVATORE, GERLACH, MOWERY, LEMMOND, STOUT, HART, WHITE, LOEPER, MELLOW, TOMLINSON, BELL, BRIGHTBILL, MUSTO AND SLOCUM, JULY 23, 1999
REFERRED TO EDUCATION, JULY 23, 1999
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," extending 9 coverage to emergency personnel. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. The title and section 1 of the act of December 13 16, 1998 (P.L.980, No.129), known as the Police Officer, 14 Firefighter, Correction Employee and National Guard Member Child 15 Beneficiary Education Act, are amended to read: 16 AN ACT 17 Providing for a waiver of tuition and other fees for children of 18 certain deceased [police officers, National Guard members, 19 firefighters and correction employees at community colleges 20 and State-owned and State-related institutions of higher
1 education] public servants and for additional powers and 2 duties of the Pennsylvania Higher Education Assistance Agency 3 and the Department of General Services. 4 Section 1. Short title. 5 This act shall be known and may be cited as the [Police 6 Officer, Firefighter, Correction Employee and National Guard 7 Member] Public Servant Child Beneficiary Education Act. 8 Section 2. Section 2 of the act is amended by adding 9 definitions to read: 10 Section 2. Definitions. 11 The following words and phrases when used in this act shall 12 have the meanings given to them in this section unless the 13 context clearly indicates otherwise: 14 * * * 15 "Emergency management." As defined in 35 Pa.C.S. § 7102 16 (relating to definitions). 17 "Emergency management worker." An individual who is actively 18 involved in emergency management. The term includes a 19 volunteer. 20 "Emergency medical technician." As defined in section 3 of 21 the act of July 3, 1985 (P.L.164, No.45), known as the Emergency 22 Medical Services Act. 23 "Emergency medical technician-paramedic." As defined in 24 section 3 of the act of July 3, 1985 (P.L.164, No.45), known as 25 the Emergency Medical Services Act. 26 * * * 27 "Public servant." Any correction employee, emergency 28 management worker, emergency medical technician, emergency 29 medical technician-paramedic, firefighter, member of the 30 National Guard or police officer. 19990S1049B1281 - 2 -
1 * * *
2 Section 3. Section 3 of the act is amended to read:
3 Section 3. Postsecondary Educational Gratuity Program.
4 (a) Establishment.--There is hereby established the
5 Postsecondary Educational Gratuity Program for children of
6 [police officers, firefighters, correction employees and
7 National Guard members] public servants of this Commonwealth who
8 are killed while acting in the performance of their duties.
9 (b) Eligibility.--
10 (1) Police officers shall be deemed to have been killed
11 in the performance of their duties if death results from job-
12 related injuries sustained or inflicted while performing any
13 of the following:
14 (i) Answering an emergency call.
15 (ii) Conducting interrogations of crime suspects or
16 interrogations pursuant to a response to an emergency
17 call.
18 (iii) Conducting vehicle stops for traffic
19 violations.
20 (iv) Actively responding to requests for assistance
21 from the public.
22 (v) Maintaining order and security at the scene of
23 an emergency.
24 (2) Firefighters shall be deemed to have been killed in
25 the performance of their duties if death results from job-
26 related injuries sustained or inflicted while performing any
27 of the following:
28 (i) Being present at the scene of a fire or going to
29 and from a fire. In the case of volunteer firefighters,
30 going to and from a fire shall include traveling from and
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1 directly returning to the firefighter's home, place of 2 business or other location where the firefighter was when 3 the fire call or alarm was received for a fire which the 4 firefighter's volunteer fire company attended. 5 (ii) Answering an emergency call. 6 (iii) Maintaining order and security at the scene of 7 an emergency. 8 (3) A member of the National Guard shall be deemed to 9 have been killed in the performance of his or her duties if 10 his or her death results from performance of a duty required 11 by his or her orders or commander while in an official duty 12 status other than on Federal active duty. 13 (4) Correction employees shall be deemed to have been 14 killed in the performance of their duties if death results 15 from job-related injuries sustained or inflicted while 16 maintaining order and security or otherwise carrying out 17 their duties at a correctional facility. 18 (4.1) An emergency management worker shall be deemed to 19 have been killed in the performance of duty if death results 20 from injuries sustained while performing duties at a site 21 disaster by a political subdivision under 35 Pa.C.S. § 22 7501(b) (relating to general authority of political 23 subdivisions) or at a site where the Pennsylvania Emergency 24 Management Agency has been activated and dispatched through 25 the county emergency system. 26 (4.2) An emergency medical technician or an emergency 27 medical technician-paramedic shall be deemed to have been 28 killed in the performance of duty if death results from job- 29 related injuries sustained or inflicted while performing any 30 of the following: 19990S1049B1281 - 4 -
1 (i) Being present at the scene of an emergency or 2 going to and from an emergency. In the case of a 3 volunteer, going to and from an emergency shall include 4 traveling from and directly returning to the individual's 5 home, place of business or other location where the 6 individual was when the emergency call was received. 7 (ii) Answering an emergency call. 8 (iii) Maintaining order and security at the scene of 9 an emergency. 10 As used in subparagraphs (i) through (iii), the term 11 "emergency" has the meaning given in section 3 of the act of 12 July 3, 1985 (P.L.164, No.45), known as the Emergency Medical 13 Services Act. 14 (5) Notwithstanding the provisions of this section, 15 deaths which occur as the direct and proximate result of 16 preexisting physical conditions, diseases or illnesses shall 17 be excluded from eligibility under this section. 18 (6) Any child of a [police officer, firefighter, 19 correction employee or National Guard member] public servant 20 killed in the performance of his or her duties shall be 21 eligible for an educational gratuity provided the child is 25 22 years of age or younger at the time of application for 23 participation in this program, meets all admission 24 requirements of the community college or State-owned or 25 State-related institution to which application is made and is 26 enrolled as a full-time student at a community college or a 27 State-owned or State-related institution. 28 (7) A child who is 25 years of age or younger at the 29 time of the child's application for participation in this 30 program and who meets all other eligibility requirements may 19990S1049B1281 - 5 -
1 receive an educational gratuity for up to five years provided 2 the child otherwise continues to be eligible for 3 participation. 4 (c) Scope of benefit.-- 5 (1) The benefit available under this section shall be 6 provided only for full-time students who are pursuing 7 undergraduate studies leading to an associate degree or a 8 baccalaureate degree. 9 (2) A child becomes eligible for this benefit after he 10 or she has applied for available scholarships and Federal and 11 State grants to cover tuition and room and board costs. The 12 child must provide a record of application for such financial 13 aid to the community college or State-owned or State-related 14 institution to which he or she is applying. 15 (3) A community college or a State-owned or State- 16 related institution shall waive all remaining tuition and 17 room and board charges (total tuition, room and board and 18 fees minus awarded scholarships and Federal and State grants) 19 for an eligible child during the time the child is enrolled 20 as a full-time student provided the child meets all 21 requirements for admission to the community college or State- 22 owned or State-related institution and during the child's 23 enrollment complies with all requirements of the institution 24 for continued attendance and award of an associate degree or 25 a baccalaureate degree. 26 (d) Administration.-- 27 (1) Copies of all police officer and firefighter death 28 certifications received by the Department of General Services 29 under the act of June 24, 1976 (P.L.424, No.101), referred to 30 as the Emergency and Law Enforcement Personnel Death Benefits 19990S1049B1281 - 6 -
1 Act, shall be provided by the Department of General Services 2 to PHEAA within 20 days of their receipt. 3 (2) Written notification of the death of any correction 4 employee killed in the performance of his or her duties shall 5 be submitted to PHEAA by the Secretary of Corrections within 6 20 days of the death of the employee. 7 (2.1) Written notification of death of an emergency 8 medical technician killed in the performance of duty or an 9 emergency medical technician-paramedic killed in the 10 performance of duty shall be submitted to PHEAA by the Board 11 of Directors of the Pennsylvania Emergency Health Services 12 Council within 20 days of the death of the individual. 13 (3) Written notification of the death of any member of 14 the National Guard killed in the performance of his or her 15 duties shall be submitted to PHEAA by the Adjutant General of 16 the Department of Military and Veterans Affairs within 20 17 days of the death of the National Guard member. 18 (3.1) Written notification of the death of an emergency 19 management worker killed in the performance of duty shall be 20 submitted to PHEAA by the Director of the Pennsylvania 21 Emergency Management Agency within 20 days of the death of 22 the worker. 23 (4) Applications for an educational gratuity shall be 24 submitted to PHEAA by the child or the surviving parent or 25 guardian of the child, together with a certified copy of the 26 child's birth certificate or adoption record or other 27 documentation of birth or adoption acceptable to PHEAA. The 28 application shall include a copy of the child's letter of 29 acceptance at a community college or a State-owned or State- 30 related institution. If no death certification has been 19990S1049B1281 - 7 -
1 received from the Department of General Services, Secretary 2 of Corrections or Adjutant General of the Department of 3 Military and Veterans Affairs, PHEAA may elect to accept 4 other documentation certifying that the child's parent was a 5 police officer, firefighter, correction employee or National 6 Guard member killed during the performance of his or her 7 duties. 8 (5) Within 30 days of receipt of a completed 9 application, PHEAA shall send written notice to the child and 10 the community college or State-owned or State-related 11 institution of the child's eligibility or noneligibility for 12 participation in this program. If the child is determined not 13 to be eligible for an educational gratuity, the notice shall 14 include the reason or reasons for such determination and an 15 indication that an appeal of PHEAA's determination may be 16 made pursuant to 2 Pa.C.S. (relating to administrative law 17 and procedure). 18 (6) Upon receipt of notification of the child's 19 eligibility from PHEAA, a community college or a State-owned 20 or State-related institution is prohibited from charging the 21 child or the child's parent or guardian any tuition fee or 22 room and board charge. If moneys have been received by the 23 community college or the State-owned or State-related 24 institution for these purposes, those moneys must be refunded 25 in full within 30 days of receipt by the community college or 26 the State-owned or State-related institution of the notice of 27 the child's eligibility. 28 (7) Each community college or State-owned or State- 29 related institution at which an eligible child is enrolled 30 shall notify PHEAA upon the child's graduation or when the 19990S1049B1281 - 8 -
1 child is no longer enrolled at the community college or 2 State-owned or State-related institution. 3 Section 4. This act shall take effect in 60 days. F29L24VDL/19990S1049B1281 - 9 -