Bill Text: PA HB1354 | 2009-2010 | Regular Session | Introduced

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Bill Title: In State Veterans' Commission, further providing for specific powers and duties; and, in veterans' emergency assistance, further providing for purpose and for amounts of assistance; providing for veterans' homeless assistance grants; establishing the Veterans' Emergency Assistance Fund; and making editorial changes.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-04-27 - Referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS [HB1354 Detail]

Download: Pennsylvania-2009-HB1354-Introduced.html

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PRINTER'S NO. 1639
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1354 Session of2009
INTRODUCED BY GOODMAN, BARRAR, BELFANTI, BEYER, BISHOP, BRENNAN, BROWN, CALTAGIRONE, COHEN, DeLUCA, EVERETT, FAIRCHILD, GEIST, GROVE, HARHAI, HARHART, HENNESSEY, HESS, HORNAMAN, HUTCHINSON, KORTZ, KULA, MAHONEY, MANN, MELIO, MICOZZIE, MOUL, MUNDY, PASHINSKI, PHILLIPS, PRESTON, QUINN, READSHAW, REICHLEY, SCAVELLO, SIPTROTH, K. SMITH, STABACK, SWANGER, J. TAYLOR, VULAKOVICH, YOUNGBLOOD AND YUDICHAK, APRIL 27, 2009
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, APRIL 27, 2009
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in State Veterans' Commission, further
providing for specific powers and duties; in veterans'
emergency assistance, further providing for purpose and for
amounts of assistance; providing for veterans homeless
assistance grants; establishing the Veterans Emergency
Assistance Fund; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1704(4) of Title 51 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1704. Specific powers and duties.
The commission shall have the following powers and duties:
* * *
(4) Oversee veterans' emergency assistance payments and
veterans homeless assistance grants under Chapter 85
(relating to veterans' emergency assistance).
* * *
Section 2. Chapter 85 of Title 51 is repealed:
[CHAPTER 85
VETERANS' EMERGENCY ASSISTANCE
Sec.
8501. Definitions.
8502. Purpose.
8503. Eligibility.
8504. Amounts of assistance.
8505. Appeals.
§ 8501. 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:
"Commission." The State Veterans' Commission established
under section 1702 (relating to State Veterans' Commission).
"Eligible veteran." A former member of the military or naval
service of the United States, or women's organization officially
connected therewith, who:
(1) served during a period of war or armed conflict and
was honorably discharged from the armed forces;
(2) died in service or was killed in action during a
period of war or armed conflict; or
(3) as a result of peacetime hostile fire or terrorist
attack as determined by the department, was killed or
suffered a service-connected disability as certified by the
United States Veterans' Administration and, if surviving, was
honorably discharged from the armed forces.
"Emergency." A sudden or unexpected loss of income due to
sickness, disability, unemployment or other cause beyond the
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control of the applicant for emergency assistance.
"Surviving dependents." The following are considered
surviving dependents of a deceased eligible veteran:
(1) The unmarried surviving spouse of the deceased
eligible veteran.
(2) If there is no unmarried spouse of a deceased
eligible veteran, the unmarried minor children, children who,
before attaining the age of 18, became permanently incapable
of self-support, and children who are less than 23 years of
age and are pursuing a full-time course of instruction at an
approved educational institution, provided they were, on the
death of the eligible veteran, dependent on the eligible
veteran for more than 50% of the cost of their support.
(3) If the eligible veteran is not survived by a spouse
or dependent children, the surviving parents of the eligible
veteran, provided that, on the date of the eligible veteran's
death, they were dependent on the veteran for more than 50%
of the cost of their support.
§ 8502. Purpose.
The purpose of the Veterans' Emergency Assistance Program is
to provide temporary financial assistance to eligible veterans,
their unmarried surviving spouses and surviving dependents when
they face a financial emergency and need assistance to provide
themselves with the necessities of life.
§ 8503. Eligibility.
In order to qualify for the Veterans' Emergency Assistance
Program, applicants must demonstrate that:
(1) They are eligible veterans or surviving dependents
of eligible veterans.
(2) They are domiciliaries of Pennsylvania who
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permanently reside exclusively in this Commonwealth.
(3) They are not receiving monetary assistance payable
under the act of June 13, 1967 (P.L.31, No.21), known as the
Public Welfare Code.
(4) They suffered a sudden or unexpected loss of income
or other source of support such that they have a direct and
immediate demonstrable financial need for assistance in order
to provide themselves and their families with food, shelter,
clothing, required medical care and other necessities of
life.
§ 8504. Amounts of assistance.
(a) Maximum amount.--In no event shall veterans' emergency
assistance payments exceed the maximum assistance payable for a
family of the same size under the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code.
(b) Standards.--Subject to the limitation set forth in
subsection (a), the State Veterans' Commission shall recommend
uniform and equitable standards for the amounts of veterans'
emergency assistance.
(c) Restrictions.--No person shall be eligible to receive
veterans' emergency assistance for more than three months in any
12-month period.
(d) Method; adjustments.--Veterans' emergency assistance
shall be paid monthly, and no payments shall be made in the form
of relief orders. The department may adjust the amounts of
assistance paid under this program so that total payments do not
exceed the amount of the appropriation.
§ 8505. Appeals.
Any person aggrieved by a decision denying payment of
veterans' emergency assistance may appeal to the Adjutant
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General under provisions of Title 2 (relating to administrative
law and procedure).]
Section 3. Title 51 is amended by adding a chapter to
read:
CHAPTER 85
VETERANS EMERGENCY ASSISTANCE
Subchapter
A. Preliminary Provisions
B. Veterans Emergency Assistance Payments
C. Grants and Other Assistance
D. Miscellaneous Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
8511. Definitions.
8512. Purposes.
§ 8511. 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:
"Commission." The State Veterans' Commission established
under section 1702 (relating to State Veterans' Commission).
"Eligible veteran." A former member of the military or naval
service of the United States, or women's organization officially
connected therewith, who:
(1) served during a period of war or armed conflict and
was honorably discharged from the armed forces;
(2) died in service or was killed in action during a
period of war or armed conflict; or
(3) as a result of peacetime hostile fire or terrorist
20090HB1354PN1639 - 5 -
attack as determined by the department, was killed or
suffered a service-connected disability as certified by the
United States Department of Veterans Affairs and, if
surviving, was honorably discharged from the armed forces.
"Emergency." A sudden or unexpected loss of income due to
sickness, disability, unemployment or other cause beyond the
control of the applicant for emergency assistance.
"Surviving dependents." The following are considered
surviving dependents of a deceased eligible veteran:
(1) The unmarried surviving spouse of the deceased
eligible veteran.
(2) If there is no unmarried spouse of a deceased
eligible veteran, the unmarried minor children, children who,
before attaining 18 years of age, became permanently
incapable of self-support, and children who are less than 23
years of age and are pursuing a full-time course of
instruction at an approved educational institution, provided
they were, on the death of the eligible veteran, dependent on
the eligible veteran for more than 50% of the cost of their
support.
(3) If the eligible veteran is not survived by a spouse
or dependent children, the surviving parents of the eligible
veteran, provided that, on the date of the eligible veteran's
death, they were dependent on the veteran for more than 50%
of the cost of their support.
§ 8512. Purposes.
The purposes of the Veterans Emergency Assistance Program are
to:
(1) Provide temporary financial assistance payments to
eligible veterans, their unmarried surviving spouses and
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surviving dependents when they face a financial emergency and
need assistance to provide themselves with the necessities of
life.
(2) Provide grants to counties that provide services to
eligible veterans who are homeless.
SUBCHAPTER B
VETERANS EMERGENCY ASSISTANCE PAYMENTS
Sec.
8521. Eligibility
8522. Amounts of assistance payments.
§ 8521. Eligibility.
In order to qualify for the Veterans Emergency Assistance
Program, applicants must demonstrate that:
(1) They are eligible veterans or surviving dependents
of eligible veterans.
(2) They are domiciliaries of Pennsylvania who
permanently reside exclusively in this Commonwealth.
(3) They are not receiving monetary assistance payable
under the act of June 13, 1967 (P.L.31, No.21), known as the
Public Welfare Code.
(4) They suffered a sudden or unexpected loss of income
or other source of support such that they have a direct and
immediate demonstrable financial need for assistance in order
to provide themselves and their families with food, shelter,
clothing, required medical care and other necessities of
life.
§ 8522. Amounts of assistance payments.
(a) Maximum amount.--In no event shall veterans emergency
assistance payments exceed the maximum assistance payable for a
family of the same size under the act of June 13, 1967 (P.L.31,
20090HB1354PN1639 - 7 -
No.21), known as the Public Welfare Code.
(b) Standards.--Subject to the limitation set forth in
subsection (a), the State Veterans' Commission shall recommend
uniform and equitable standards for the amounts of veterans
emergency assistance payments.
(c) Restrictions.--No person shall be eligible to receive
veterans emergency assistance payments for more than three
months in any 12-month period.
(d) Method; adjustments.--Veterans emergency assistance
under this subchapter shall be paid monthly, and no payments
shall be made in the form of relief orders. The department may
adjust the amounts of assistance paid under this subchapter so
that total payments do not exceed the amount of the
appropriation.
SUBCHAPTER C
GRANTS AND OTHER ASSISTANCE
Sec.
8531. Veterans homeless assistance grants.
§ 8531. Veterans homeless assistance grants.
(a) Authorization.--In addition to the veterans emergency
assistance payments authorized under Subchapter B (relating to
veterans emergency assistance payments), the department may
award grants to counties or nonprofit organizations that provide
supportive services and housing assistance to eligible veterans
who are homeless or in danger of becoming homeless.
(b) Restrictions.--A grant awarded under this section may
only be used to provide supportive services or housing
assistance to veterans who are eligible under section 8521
(relating to eligibility).
(c) Guidelines.--The State Veterans' Commission shall
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recommend to the department guidelines for the award of veterans
homeless assistance grants. The guidelines shall include, but
are not limited to, the following:
(1) Eligibility requirements for counties and nonprofit
organizations to satisfy in order to be awarded veterans
homeless assistance grants.
(2) The amount of veterans homeless assistance grants to
be awarded to counties and nonprofit organizations.
(3) The type of supportive services and housing
assistance that may be provided with funding from the
veterans homeless assistance grants.
SUBCHAPTER D
MISCELLANEOUS PROVISIONS
Sec.
8541. Appeals.
8542. Veterans Emergency Assistance Fund.
§ 8541. Appeals.
Any person aggrieved by a decision denying payment of
veterans emergency assistance under Subchapter B (relating to
veterans emergency assistance payments) may appeal to the
Adjutant General under provisions of Title 2 (relating to
administrative law and procedure).
§ 8542. Veterans Emergency Assistance Fund.
(a) Establishment.--The Veterans Emergency Assistance Fund
is established in the State Treasury as a restricted revenue
account within the General Fund.
(b) Purpose.--The moneys of the fund shall be used for
veterans emergency assistance payments under Subchapter B
(relating to veterans emergency assistance payments) and for
veterans homeless assistance grants under Subchapter C (relating
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to grants and other assistance) and shall supplement any
appropriations from the General Fund for such purposes.
(c) Contributions.--The department may accept contributions
from individuals, organizations, public or private corporations
and other similar entities for the fund.
(d) Administration.--The fund shall be administered by the
department, which shall determine the allocation of moneys in
the fund between veterans emergency assistance payments under
Subchapter B and veterans homeless assistance grants under
Subchapter C.
Section 4. This act shall take effect in 60 days.
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