Pennsylvania Act 2005-65 — MILITARY AND VETERANS CODE (51 PA.C.S.) - MILITARY FAMILY RELIEF ASSISTANCE PROGRAM AND MILITARY FAMILY RELIEF ASSISTANCE FUND

Act text

MILITARY AND VETERANS CODE (51 PA.C.S.) - MILITARY FAMILY RELIEF
      ASSISTANCE PROGRAM AND MILITARY FAMILY RELIEF ASSISTANCE FUND
                  Act of Nov. 10, 2005, P.L. 331, No. 65              Cl. 51
                             Session of 2005
                               No. 2005-65

     HB 1179

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, establishing the Military Family
        Relief Assistance Program and the Military Family Relief
        Assistance Fund.

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

        Section 1.  Title 51 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 7319.  Military family relief assistance.
        (a)  Establishment of fund.--In order to carry out the
     purposes of section 315.8 of the act of March 4, 1971 (P.L.6,
     No.2), known as the Tax Reform Code of 1971, there is hereby
     established in the State Treasury a restricted revenue account
     within the General Fund which shall be known as the Military
     Family Relief Assistance Fund.
        (b)  Administration of program.--
            (1)  The department shall administer and staff the
        program established in paragraph (2) and shall accept
        voluntary contributions from persons for the fund. The
        department may consult with any governmental or
        nongovernmental organization as is necessary to complete the
        requirements under this section but shall not enter into an
        agreement or contract with any such organization for the
        staffing functions of the program.
            (2)  The Military Family Relief Assistance Program is
        established. Contributions received for the fund shall be
        distributed by the department under the program to eligible
        service members and eligible relatives of eligible service
        members. Applicants must demonstrate to the department that
        they have a direct and immediate financial need as a result
        of the military service of the service member. Such
        circumstances must be beyond the control of and not as a
        result of misconduct by the service member. The applicant
        shall demonstrate that the financial need is caused by one or
        more of the following:
                (i)  A sudden or unexpected loss of income directly
            related to the military service of the service member.
                (ii)  The death or critical illness of a parent,
            spouse, sibling or child resulting in an immediate need
            for travel, lodging or subsistence for which the
            applicant lacks financial resources.
                (iii)  The wounding of the service member in the line
            of duty sustained as a result of combat or attack
            resulting in an immediate need for funds for travel,
            lodging, subsistence or other activities directly related
            to the casualty for which the applicant lacks financial
            resources. No more than two eligible relatives of an
            eligible service member may receive assistance under this
            subparagraph.
                (iv)  A natural or manmade disaster resulting in
            deprivation of food, shelter or other necessities of life
            for which the applicant lacks financial resources.
                (v)  Emergency need for child care of dependent
            children for which the applicant lacks financial
            resources.
                (vi)  Other immediate and necessitous cause
            determined in the guidelines established for the program
            that exceeds the financial resources of the applicant
            where failure to provide emergency assistance will
            substantially operate to the detriment of the service
            member or his or her dependents.
            (3)  In order to qualify for assistance under this
        program, applicants may be required under the guidelines of
        this program to seek relief from other available sources
        prior to applying for this program.
            (4)  An applicant may appeal a decision of the department
        to the Adjutant General. The Adjutant General shall have the
        authority to make a final determination concerning any
        appeal.
        (c)  Guidelines.--The department shall, in consultation with
     the chairman and minority chairman of the Appropriations
     Committee of the Senate, the chairman and minority chairman of
     the Appropriations Committee of the House of Representatives,
     the chairman and minority chairman of the Veterans Affairs and
     Emergency Preparedness Committee of the Senate and the chairman
     and minority chairman of the Veterans Affairs and Emergency
     Preparedness Committee of the House of Representatives, develop
     guidelines necessary to administer the provisions of this
     section. The guidelines established under this subsection shall
     do all of the following:
            (1)  Set forth eligibility for relief under this program
        and determine the amount of relief to be paid based on the
        need demonstrated by the applicant and the amount of money in
        the fund at the time of application.
            (2)  Set forth the maximum amount of relief and the
        maximum number of applicants per event or episode.
            (3)  Set forth any other information necessary for the
        administration and enforcement of the program.
            (4)  The guidelines established pursuant to this section
        shall be published in the Pennsylvania Bulletin but shall not
        be subject to review pursuant to section 205 of the act of
        July 31, 1968 (P.L.769, No.240), referred to as the
        Commonwealth Documents Law, sections 204(b) and 301(10) of
        the act of October 15, 1980 (P.L.950, No.164), known as the
        Commonwealth Attorneys Act, or the act of June 25, 1982
        (P.L.633, No.181), known as the Regulatory Review Act.
        (d)  Moneys received.--All moneys received from the voluntary
     contribution system established in section 315.8 of the Tax
     Reform Code of 1971 shall be deposited in the fund.
        (e)  Other voluntary contributions.--In addition to the
     voluntary contribution system established in section 315.8 of
     the Tax Reform Code of 1971, the Commonwealth is also authorized
     to accept other voluntary contributions and electronic donations
     to the fund. All other voluntary contributions and electronic
     donations shall be deposited into the fund. In addition, the
     department shall ensure that applications to receive assistance
     from this fund can be obtained electronically. All agencies of
     State, county and municipal government within this Commonwealth
     may include a brief description of the Military Family Relief
     Assistance Program, the electronic and mailing address to make
     donations to this fund and the electronic and mailing address to
     request assistance from this program in their publications,
     mailings and communications.
        (f)  Future appropriations.--The General Assembly may
     appropriate funds for transfer to the fund for the purposes of
     this section.
        (g)  Use of fund money.--The moneys contained in the fund are
     hereby appropriated on a continuing basis to the Department of
     Military and Veterans Affairs for the exclusive use of carrying
     out the purposes of this section.
        (h)  Expiration.--This section shall expire five years from
     the effective date of this section.
        (i)  Reporting.--Beginning on or before July 30, 2006, and
     every year thereafter for the length of the program, the
     department shall submit a report to the chairman and minority
     chairman of the Appropriations Committee of the Senate, the
     chairman and minority chairman of the Appropriations Committee
     of the House of Representatives, the chairman and minority
     chairman of the Veterans Affairs and Emergency Preparedness
     Committee of the Senate and the chairman and minority chairman
     of the Veterans Affairs and Emergency Preparedness Committee of
     the House of Representatives detailing the program's guidelines,
     the number of applicants, the total amount of money raised and
     distributed and the type of applicant need. The report shall
     also set forth any participation by a governmental or
     nongovernmental organization utilized in the furtherance of the
     program.
          (j)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Eligible relative of an eligible service member."  The
     dependent spouse or dependent child of the eligible service
     member or, in the case of applicants for financial assistance to
     visit a hospitalized service member, the service member's
     spouse, parent, sibling or child. An eligible relative must be a
     resident of Pennsylvania at the time of application for
     assistance.
        "Eligible service member."
            (1)  Either of the following:
                (i)  A member of the armed forces of the United
            States or its reserve components who is serving on active
            duty or state active duty for a period of 30 or more
            consecutive days.
                (ii)  A member of the Pennsylvania National Guard
            serving on state active duty for a period of 30 or more
            consecutive days.
            (2)  An eligible service member must have been a resident
        of Pennsylvania when he or she entered military service and
        must be a resident of Pennsylvania at the time of the
        application for assistance.
        "Resident of Pennsylvania."  Either of the following:
            (1)  An individual who is domiciled in this Commonwealth.
        The individual must either physically reside in Pennsylvania
        or be absent from the State pursuant to military orders. An
        individual's spouse or dependent who is domiciled in this
        Commonwealth but who is stationed in another state or country
        shall qualify under the program as a resident of Pennsylvania
        so long as the person does not become domiciled in another
        state.
            (2)  An individual who qualifies under the definition of
        "resident individual" in section 301(p) of the Tax Reform
        Code of 1971.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 10th day of November, A. D. 2005.

     EDWARD G. RENDELL