| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| 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 |
| |
1 | Amending Title 51 (Military Affairs) of the Pennsylvania |
2 | Consolidated Statutes, in State Veterans' Commission, further |
3 | providing for specific powers and duties; in veterans' |
4 | emergency assistance, further providing for purpose and for |
5 | amounts of assistance; providing for veterans homeless |
6 | assistance grants; establishing the Veterans Emergency |
7 | Assistance Fund; and making editorial changes. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1704(4) of Title 51 of the Pennsylvania |
11 | Consolidated Statutes is amended to read: |
12 | § 1704. Specific powers and duties. |
13 | The commission shall have the following powers and duties: |
14 | * * * |
15 | (4) Oversee veterans' emergency assistance payments and |
16 | veterans homeless assistance grants under Chapter 85 |
17 | (relating to veterans' emergency assistance). |
|
1 | * * * |
2 | Section 2. Chapter 85 of Title 51 is repealed: |
3 | [CHAPTER 85 |
4 | VETERANS' EMERGENCY ASSISTANCE |
5 | Sec. |
6 | 8501. Definitions. |
7 | 8502. Purpose. |
8 | 8503. Eligibility. |
9 | 8504. Amounts of assistance. |
10 | 8505. Appeals. |
11 | § 8501. Definitions. |
12 | The following words and phrases when used in this chapter |
13 | shall have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Commission." The State Veterans' Commission established |
16 | under section 1702 (relating to State Veterans' Commission). |
17 | "Eligible veteran." A former member of the military or naval |
18 | service of the United States, or women's organization officially |
19 | connected therewith, who: |
20 | (1) served during a period of war or armed conflict and |
21 | was honorably discharged from the armed forces; |
22 | (2) died in service or was killed in action during a |
23 | period of war or armed conflict; or |
24 | (3) as a result of peacetime hostile fire or terrorist |
25 | attack as determined by the department, was killed or |
26 | suffered a service-connected disability as certified by the |
27 | United States Veterans' Administration and, if surviving, was |
28 | honorably discharged from the armed forces. |
29 | "Emergency." A sudden or unexpected loss of income due to |
30 | sickness, disability, unemployment or other cause beyond the |
|
1 | control of the applicant for emergency assistance. |
2 | "Surviving dependents." The following are considered |
3 | surviving dependents of a deceased eligible veteran: |
4 | (1) The unmarried surviving spouse of the deceased |
5 | eligible veteran. |
6 | (2) If there is no unmarried spouse of a deceased |
7 | eligible veteran, the unmarried minor children, children who, |
8 | before attaining the age of 18, became permanently incapable |
9 | of self-support, and children who are less than 23 years of |
10 | age and are pursuing a full-time course of instruction at an |
11 | approved educational institution, provided they were, on the |
12 | death of the eligible veteran, dependent on the eligible |
13 | veteran for more than 50% of the cost of their support. |
14 | (3) If the eligible veteran is not survived by a spouse |
15 | or dependent children, the surviving parents of the eligible |
16 | veteran, provided that, on the date of the eligible veteran's |
17 | death, they were dependent on the veteran for more than 50% |
18 | of the cost of their support. |
19 | § 8502. Purpose. |
20 | The purpose of the Veterans' Emergency Assistance Program is |
21 | to provide temporary financial assistance to eligible veterans, |
22 | their unmarried surviving spouses and surviving dependents when |
23 | they face a financial emergency and need assistance to provide |
24 | themselves with the necessities of life. |
25 | § 8503. Eligibility. |
26 | In order to qualify for the Veterans' Emergency Assistance |
27 | Program, applicants must demonstrate that: |
28 | (1) They are eligible veterans or surviving dependents |
29 | of eligible veterans. |
30 | (2) They are domiciliaries of Pennsylvania who |
|
1 | permanently reside exclusively in this Commonwealth. |
2 | (3) They are not receiving monetary assistance payable |
3 | under the act of June 13, 1967 (P.L.31, No.21), known as the |
4 | Public Welfare Code. |
5 | (4) They suffered a sudden or unexpected loss of income |
6 | or other source of support such that they have a direct and |
7 | immediate demonstrable financial need for assistance in order |
8 | to provide themselves and their families with food, shelter, |
9 | clothing, required medical care and other necessities of |
10 | life. |
11 | § 8504. Amounts of assistance. |
12 | (a) Maximum amount.--In no event shall veterans' emergency |
13 | assistance payments exceed the maximum assistance payable for a |
14 | family of the same size under the act of June 13, 1967 (P.L.31, |
15 | No.21), known as the Public Welfare Code. |
16 | (b) Standards.--Subject to the limitation set forth in |
17 | subsection (a), the State Veterans' Commission shall recommend |
18 | uniform and equitable standards for the amounts of veterans' |
19 | emergency assistance. |
20 | (c) Restrictions.--No person shall be eligible to receive |
21 | veterans' emergency assistance for more than three months in any |
22 | 12-month period. |
23 | (d) Method; adjustments.--Veterans' emergency assistance |
24 | shall be paid monthly, and no payments shall be made in the form |
25 | of relief orders. The department may adjust the amounts of |
26 | assistance paid under this program so that total payments do not |
27 | exceed the amount of the appropriation. |
28 | § 8505. Appeals. |
29 | Any person aggrieved by a decision denying payment of |
30 | veterans' emergency assistance may appeal to the Adjutant |
|
1 | General under provisions of Title 2 (relating to administrative |
2 | law and procedure).] |
3 | Section 3. Title 51 is amended by adding a chapter to |
4 | read: |
5 | CHAPTER 85 |
6 | VETERANS EMERGENCY ASSISTANCE |
7 | Subchapter |
8 | A. Preliminary Provisions |
9 | B. Veterans Emergency Assistance Payments |
10 | C. Grants and Other Assistance |
11 | D. Miscellaneous Provisions |
12 | SUBCHAPTER A |
13 | PRELIMINARY PROVISIONS |
14 | Sec. |
15 | 8511. Definitions. |
16 | 8512. Purposes. |
17 | § 8511. Definitions. |
18 | The following words and phrases when used in this chapter |
19 | shall have the meanings given to them in this section unless the |
20 | context clearly indicates otherwise: |
21 | "Commission." The State Veterans' Commission established |
22 | under section 1702 (relating to State Veterans' Commission). |
23 | "Eligible veteran." A former member of the military or naval |
24 | service of the United States, or women's organization officially |
25 | connected therewith, who: |
26 | (1) served during a period of war or armed conflict and |
27 | was honorably discharged from the armed forces; |
28 | (2) died in service or was killed in action during a |
29 | period of war or armed conflict; or |
30 | (3) as a result of peacetime hostile fire or terrorist |
|
1 | attack as determined by the department, was killed or |
2 | suffered a service-connected disability as certified by the |
3 | United States Department of Veterans Affairs and, if |
4 | surviving, was honorably discharged from the armed forces. |
5 | "Emergency." A sudden or unexpected loss of income due to |
6 | sickness, disability, unemployment or other cause beyond the |
7 | control of the applicant for emergency assistance. |
8 | "Surviving dependents." The following are considered |
9 | surviving dependents of a deceased eligible veteran: |
10 | (1) The unmarried surviving spouse of the deceased |
11 | eligible veteran. |
12 | (2) If there is no unmarried spouse of a deceased |
13 | eligible veteran, the unmarried minor children, children who, |
14 | before attaining 18 years of age, became permanently |
15 | incapable of self-support, and children who are less than 23 |
16 | years of age and are pursuing a full-time course of |
17 | instruction at an approved educational institution, provided |
18 | they were, on the death of the eligible veteran, dependent on |
19 | the eligible veteran for more than 50% of the cost of their |
20 | support. |
21 | (3) If the eligible veteran is not survived by a spouse |
22 | or dependent children, the surviving parents of the eligible |
23 | veteran, provided that, on the date of the eligible veteran's |
24 | death, they were dependent on the veteran for more than 50% |
25 | of the cost of their support. |
26 | § 8512. Purposes. |
27 | The purposes of the Veterans Emergency Assistance Program are |
28 | to: |
29 | (1) Provide temporary financial assistance payments to |
30 | eligible veterans, their unmarried surviving spouses and |
|
1 | surviving dependents when they face a financial emergency and |
2 | need assistance to provide themselves with the necessities of |
3 | life. |
4 | (2) Provide grants to counties that provide services to |
5 | eligible veterans who are homeless. |
6 | SUBCHAPTER B |
7 | VETERANS EMERGENCY ASSISTANCE PAYMENTS |
8 | Sec. |
9 | 8521. Eligibility |
10 | 8522. Amounts of assistance payments. |
11 | § 8521. Eligibility. |
12 | In order to qualify for the Veterans Emergency Assistance |
13 | Program, applicants must demonstrate that: |
14 | (1) They are eligible veterans or surviving dependents |
15 | of eligible veterans. |
16 | (2) They are domiciliaries of Pennsylvania who |
17 | permanently reside exclusively in this Commonwealth. |
18 | (3) They are not receiving monetary assistance payable |
19 | under the act of June 13, 1967 (P.L.31, No.21), known as the |
20 | Public Welfare Code. |
21 | (4) They suffered a sudden or unexpected loss of income |
22 | or other source of support such that they have a direct and |
23 | immediate demonstrable financial need for assistance in order |
24 | to provide themselves and their families with food, shelter, |
25 | clothing, required medical care and other necessities of |
26 | life. |
27 | § 8522. Amounts of assistance payments. |
28 | (a) Maximum amount.--In no event shall veterans emergency |
29 | assistance payments exceed the maximum assistance payable for a |
30 | family of the same size under the act of June 13, 1967 (P.L.31, |
|
1 | No.21), known as the Public Welfare Code. |
2 | (b) Standards.--Subject to the limitation set forth in |
3 | subsection (a), the State Veterans' Commission shall recommend |
4 | uniform and equitable standards for the amounts of veterans |
5 | emergency assistance payments. |
6 | (c) Restrictions.--No person shall be eligible to receive |
7 | veterans emergency assistance payments for more than three |
8 | months in any 12-month period. |
9 | (d) Method; adjustments.--Veterans emergency assistance |
10 | under this subchapter shall be paid monthly, and no payments |
11 | shall be made in the form of relief orders. The department may |
12 | adjust the amounts of assistance paid under this subchapter so |
13 | that total payments do not exceed the amount of the |
14 | appropriation. |
15 | SUBCHAPTER C |
16 | GRANTS AND OTHER ASSISTANCE |
17 | Sec. |
18 | 8531. Veterans homeless assistance grants. |
19 | § 8531. Veterans homeless assistance grants. |
20 | (a) Authorization.--In addition to the veterans emergency |
21 | assistance payments authorized under Subchapter B (relating to |
22 | veterans emergency assistance payments), the department may |
23 | award grants to counties or nonprofit organizations that provide |
24 | supportive services and housing assistance to eligible veterans |
25 | who are homeless or in danger of becoming homeless. |
26 | (b) Restrictions.--A grant awarded under this section may |
27 | only be used to provide supportive services or housing |
28 | assistance to veterans who are eligible under section 8521 |
29 | (relating to eligibility). |
30 | (c) Guidelines.--The State Veterans' Commission shall |
|
1 | recommend to the department guidelines for the award of veterans |
2 | homeless assistance grants. The guidelines shall include, but |
3 | are not limited to, the following: |
4 | (1) Eligibility requirements for counties and nonprofit |
5 | organizations to satisfy in order to be awarded veterans |
6 | homeless assistance grants. |
7 | (2) The amount of veterans homeless assistance grants to |
8 | be awarded to counties and nonprofit organizations. |
9 | (3) The type of supportive services and housing |
10 | assistance that may be provided with funding from the |
11 | veterans homeless assistance grants. |
12 | SUBCHAPTER D |
13 | MISCELLANEOUS PROVISIONS |
14 | Sec. |
15 | 8541. Appeals. |
16 | 8542. Veterans Emergency Assistance Fund. |
17 | § 8541. Appeals. |
18 | Any person aggrieved by a decision denying payment of |
19 | veterans emergency assistance under Subchapter B (relating to |
20 | veterans emergency assistance payments) may appeal to the |
21 | Adjutant General under provisions of Title 2 (relating to |
22 | administrative law and procedure). |
23 | § 8542. Veterans Emergency Assistance Fund. |
24 | (a) Establishment.--The Veterans Emergency Assistance Fund |
25 | is established in the State Treasury as a restricted revenue |
26 | account within the General Fund. |
27 | (b) Purpose.--The moneys of the fund shall be used for |
28 | veterans emergency assistance payments under Subchapter B |
29 | (relating to veterans emergency assistance payments) and for |
30 | veterans homeless assistance grants under Subchapter C (relating |
|
1 | to grants and other assistance) and shall supplement any |
2 | appropriations from the General Fund for such purposes. |
3 | (c) Contributions.--The department may accept contributions |
4 | from individuals, organizations, public or private corporations |
5 | and other similar entities for the fund. |
6 | (d) Administration.--The fund shall be administered by the |
7 | department, which shall determine the allocation of moneys in |
8 | the fund between veterans emergency assistance payments under |
9 | Subchapter B and veterans homeless assistance grants under |
10 | Subchapter C. |
11 | Section 4. This act shall take effect in 60 days. |
|