Bill Summary – FastDemocracy

PRIOR PRINTER'S NO. 1556                         PRINTER'S NO.   1712
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 1151
                                               Session of
                                                 2024
     INTRODUCED BY MARTIN, K. WARD, PITTMAN, AUMENT, ARGALL,
        PENNYCUICK, LANGERHOLC, LAUGHLIN, MASTRIANO, REGAN, STEFANO,
        VOGEL AND J. WARD, APRIL 26, 2024
     AS AMENDED ON THIRD CONSIDERATION, JUNE 10, 2024
                                    AN ACT
 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
    act relating to the public school system, including certain
    provisions applicable as well to private and parochial
    schools; amending, revising, consolidating and changing the
    laws relating thereto," in the State System of Higher
    Education, further providing for definitions and establishing
    the Grow Pennsylvania Merit Scholarship Program.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 2001-A of the act of March 10, 1949
 (P.L.30, No.14), known as the Public School Code of 1949,
 amended July 8, 2022 (P.L.620, No.55), is amended to read:
    Section 2001-A.    Definitions.--The following words and
 phrases when used in this article shall, for the purpose of this
 article, have the following meanings, respectively, except in
 those instances where the context clearly indicates a different
 meaning:
    [(1)]   "Affiliated entity" shall mean a private nonprofit
 corporation with the sole purpose of benefiting the State System
 of Higher Education or a State-owned university.
    "Agency" shall mean the Pennsylvania Higher Education
 Assistance Agency.
    "Approved course of study" shall mean a program offered by an
 institution that provides instruction in agriculture, computer
 science, business, education, SPECIAL EDUCATION, STEM EDUCATION, <--
 engineering, nursing, ALLIED HEALTH, criminal justice or other      <--
 in-demand occupations approved by the agency in consultation
 with the Independent Fiscal Office.
    [(1.1)]   "Board" shall mean the Board of Governors of the
 State System of Higher Education.
    "Campus police" shall mean all law enforcement personnel
 employed by the system who have successfully completed a campus
 police course of training approved under 53 Pa.C.S. Ch. 21
 Subch. D (relating to municipal police education and training).
    [(2)]   "Chancellor" shall mean the chief executive officer of
 the State System of Higher Education.
    [(3)]   "Coalition bargaining" shall mean two (2) or more
 employers bargaining jointly with all of their employes in a
 particular category or bargaining unit so that one collective
 process would determine the conditions of employment for all
 employers in the appropriate units involved.
    [(4)]   "Commission" shall mean the presidents of the several
 institutions.
    [(4.1)]   "Commonwealth University of Pennsylvania" shall mean
 the institution comprised of Bloomsburg University of
 Pennsylvania, Lock Haven University of Pennsylvania and
 Mansfield University of Pennsylvania as consolidated under
 section 2002-A.
    [(5)]   "Council" shall mean the council of trustees of the
 individual institutions.
20240SB1151PN1712                  - 2 -
    [(6)]   "Deferment" shall mean any authorized delay in the
 payment by a student of all or part of his tuition fee, charges
 for room and board, application fee, student activity fee, or
 any other charge or fee.
    [(6.1)]   "Education record" shall have the same meaning as in
 the Family Educational Rights and Privacy Act of 1974 (Public
 Law 90-247, 20 U.S.C. § 1232g). ((6.1) added July 1, 2020,
 P.L.558, No.50)
    [(7)]   "Employer" shall mean the Board of Governors of the
 State System of Higher Education as the successor employer to
 the Commonwealth of Pennsylvania.
    [(8)]   "Graduate assistant" means a graduate student
 appointed by the president and assigned to a faculty or staff
 member to assist in research, instruction and other related
 professional duties.
    "Grounds" shall mean all lands and buildings owned,
 controlled, leased or managed by the system and all highways,
 trafficways and bicycle and pedestrian facilities that traverse
 or abut such lands and buildings.
    [(9)]   "Higher education" shall include any organized program
 of instruction, research or service primarily concerned with a
 field of organized knowledge, related theory, and associated
 practice or application of skills and which leads to a degree;
 that is, the work is creditable toward a degree.
    "In-demand occupation" shall mean a job that is in demand by
 employers in this Commonwealth, requires a high level of skill
 and is likely to provide family-sustaining wages.
    [(9.1)]   "Initial member" shall mean a trustee serving on the
 council of trustees as of June 30, 2022, for an institution
 consolidated under section 2002-A that has been nominated and
20240SB1151PN1712                  - 3 -
 appointed by the Governor and confirmed by the Senate.
    [(10)]     "Institution" shall mean each of the State-owned
 colleges and university on the effective date hereof, or
 hereafter created, and including its personnel, and its physical
 plant, instructional equipment, records and all other property
 thereof.
    [(10.1)]     "Integrated council" shall mean each of the
 following:
    (1)     The Council of Trustees of Commonwealth University of
 Pennsylvania.
    (2)     The Council of Trustees of Pennsylvania Western
 University.
    "Maintenance projects" shall mean those activities,
 materials, labor and contracts necessary to replace, restore,
 refurbish or enhance real property which do not alter the
 architectural or engineering characteristics of the structure,
 as follows: painting; window repair and replacement; roof repair
 and replacement; repointing and masonry repair; downspout and
 gutters; landscaping; roadways, parking facilities, track and
 athletic court resurfacing and reconstruction; sidewalk and
 curbing reconstruction and replacement; asbestos abatement (in
 accordance with all State and Federal statutes and regulations);
 caulking and insulation; and replacement, reconstruction and
 construction of non-load-bearing interior walls. No such project
 shall affect the structural integrity of any existing facility
 or utility system.
    "Merit scholarship" means SHALL MEAN the waiver of an amount    <--
 equal to the differential between tuition for a resident and
 nonresident student.
    [(10.2)]     "Pennsylvania Western University" shall mean the
20240SB1151PN1712                    - 4 -
 institution comprised of California University of Pennsylvania,
 Clarion University of Pennsylvania and Edinboro University of
 Pennsylvania as consolidated under section 2002-A.
       [(11)]   "Professional employe" for the purposes of this act,
 professional employe means any employe whose work:
       [(i)] (1)    is predominately intellectual and varied in
 character;
       [(ii)] (2)    requires consistent exercise of discretion and
 judgment;
       [(iii)] (3)    requires knowledge of an advanced nature in the
 field of science or learning customarily acquired by specialized
 study in an institution of higher learning or its equivalent;
 and
       [(iv)] (4)    is of such character that the output or result
 accomplished cannot be standardized in relation to a given
 period of time.
       "Program" means SHALL MEAN the Grow Pennsylvania Merit           <--
 Scholarship Program.
       [(12)]   "Refund" shall mean any return payment, or remission,
 by an institution to a student of all or part of any sum he has
 paid for tuition, room and board, application or student
 activity fee or any other charge or fee.
       [(13)]   "Secretary" shall mean the Secretary of Education of
 the Commonwealth of Pennsylvania or such person as the secretary
 may designate to act on behalf of the secretary with regard to
 any of the duties and prerogatives imposed by this act.
       [(14)]   "State board" shall mean the State Board of
 Education.
       "STEM" SHALL MEAN SCIENCE, TECHNOLOGY, ENGINEERING AND           <--
 MATHEMATICS.
20240SB1151PN1712                      - 5 -
    [(15)]    "Student" shall mean a person who is enrolled in a
 course of study in any institution which is subject to the
 provisions hereof.
    [(16)]    "Student association" shall mean the officially
 recognized representative body of the student population of each
 institution.
    [(17)]    "System" shall mean the State System of Higher
 Education.
    [(17.1)]    "Transitional member" shall mean a trustee serving
 on the council of trustees as of June 30, 2022, for an
 institution consolidated under section 2002-A, who is appointed
 to serve on an integrated council for a term beginning on July
 15, 2022, until September 30, 2022, or upon confirmation of
 initial members by the Senate, whichever occurs earlier.
    [(18)]    "Waiver" shall mean any release from initial payment
 by a student of all or part of his tuition, charge for room and
 board, application or student activity fee or any other charge
 or fee.
    [(19)     "Maintenance projects" shall mean those activities,
 materials, labor and contracts necessary to replace, restore,
 refurbish or enhance real property which do not alter the
 architectural or engineering characteristics of the structure,
 as follows: painting; window repair and replacement; roof repair
 and replacement; repointing and masonry repair; downspout and
 gutters; landscaping; roadways, parking facilities, track and
 athletic court resurfacing and reconstruction; sidewalk and
 curbing reconstruction and replacement; asbestos abatement (in
 accordance with all State and Federal statutes and regulations);
 caulking and insulation; and replacement, reconstruction and
 construction of non-load bearing interior walls. No such project
20240SB1151PN1712                    - 6 -
 shall affect the structural integrity of any existing facility
 or utility system.
    (20)    "Campus police" shall mean all law enforcement
 personnel employed by the system who have successfully completed
 a campus police course of training approved under 53 Pa.C.S. Ch.
 21 Subch. D (relating to municipal police education and
 training).
    (21)    "Grounds" shall mean all lands and buildings owned,
 controlled, leased or managed by the system and all highways,
 trafficways and bicycle and pedestrian facilities that traverse
 or abut such lands and buildings.]
    Section 2.    The act is amended by adding a section to read:
    Section 2022-A.    Grow Pennsylvania Merit Scholarship
 Program.--(a)   Beginning with the class of first-time freshmen
 enrolling for the 2025-2026 academic year, the system AGENCY, IN <--
 CONJUNCTION WITH THE SYSTEM, shall administer a program, which
 is established and shall be known as the Grow Pennsylvania Merit
 Scholarship Program, that awards merit scholarships to eligible
 nonresident students.
    (b)    To be eligible for receipt of a merit scholarship, an
 eligible nonresident student must:
    (1)    Demonstrate a grade point average of at least 2.50 on a
 4.0 scale.
    (2)    Be enrolled in person in an approved course of study.,    <--
 EXCEPT THAT A PERSON MAY TAKE OCCASIONAL ONLINE COURSES.
    (3)    Enter into a written agreement with the agency to:
    (i)    Satisfy all degree requirements and other requirements
 of this section.
    (ii)    Commence employment in this Commonwealth within one
 year after completion of an approved course of study culminating
20240SB1151PN1712                   - 7 -
 in a bachelor's or associate's degree. The employment must be in
 a field IN-DEMAND OCCUPATIONS, as determined by the agency,        <--
 related to the approved course of study for a period of fifteen    <--
 months of each academic year the student received a merit
 scholarship, unless the agency determines that there are
 extenuating circumstances.
    (iii)   Reimburse the agency all amounts waived under this      <--
 section, including interest, as determined by the agency, if the
 student breaches the agreement.
    (III)   REIMBURSE THE AGENCY THE AGGREGATE AMOUNT OF A          <--
 SCHOLARSHIP RECEIVED UNDER THIS ARTICLE IF THE STUDENT BREECHES
 THE AGREEMENT. THE AGENCY, IN ITS DISCRETION, MAY CHARGE
 INTEREST. FOR A STUDENT WHO PARTIALLY SATISFIES THE WORK
 REQUIREMENT, THE AGENCY SHALL PRORATE THE REQUIRED
 REIMBURSEMENT.
    (c)   The agency shall monitor and verify a student's
 compliance with the agreement and enforce repayment of all merit
 scholarships for a student who does not comply with the
 provisions of this section, including USE OF lawful collection     <--
 procedures and of private collection agencies.. NOTHING UNDER      <--
 THIS SUBSECTION SHALL BE CONSTRUED TO REQUIRE AN INSTITUTION OF
 HIGHER EDUCATION TO ENFORCE ANY PROVISION OF THIS ARTICLE
 RELATING TO REPAYMENT OF FUNDS FOR FAILURE TO COMPLY WITH THE
 PROVISIONS OF THIS SECTION.
    (d)   A scholarship shall be for a maximum of four academic
 years.
    (e)   If a student terminates enrollment in the approved
 course of study during the academic year or prior to completion
 of the approved course of study, an institution shall notify the
 agency in writing. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED <--
20240SB1151PN1712                  - 8 -
 TO CHANGE A STUDENT'S ELIGIBILITY FOR A MERIT SCHOLARSHIP IF THE
 STUDENT TERMINATES ENROLLMENT IN ONE APPROVED COURSE OF STUDY
 AND ENROLLS IN A DIFFERENT APPROVED COURSE OF STUDY.
    (f)   Money reimbursed to the agency under this section shall
 be transferred to the system.
    (g)   (1)   The agency shall postpone the work requirement
 under subsection (b)(3) for extenuating circumstances, as
 determined by the agency, or if the student enrolls in a higher
 level degree program.
    (2)   A student that enrolls in a higher level degree program
 must provide the agency with documentation showing continual
 status as a full-time student in order to be given a
 postponement by the agency under this section.
    (h)   A merit scholarship received by a student shall not be
 considered taxable income for purposes of Article III of the act
 of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of
 1971."
    (i)   The agency SYSTEM shall provide assistance to the system <--
 AGENCY as necessary to administer the program.                     <--
    (j)   The system AGENCY, in consultation with the agency        <--
 SYSTEM, shall prepare and submit to the Governor and the General <--
 Assembly no later than December 31, 2025, and each year
 thereafter, a report detailing the operation of the program. The
 report shall, at a minimum, include:
    (1)   A list of the in-demand occupations for which grants      <--
 MERIT SCHOLARSHIPS may be sought.                                  <--
    (2)   The number of merit scholarships applicants.
    (3)   The number of merit scholarships awarded.
    (4)   The number of merit scholarships awarded by approved
 source of study.
20240SB1151PN1712                    - 9 -
    (5)   The number of merit scholarships awarded by institution.
    (6)   The average amount of the merit scholarship.
    (7)   The number of merit scholarship recipients that are
 employed and meeting the work requirement under subsection (b)
 (3).
    (8)   The number of merit scholarship recipients that have not
 met the work requirement.
    (9)   The amount of money reimbursed to the system AGENCY by     <--
 merit scholarship recipients that have not met the work
 requirement.
    Section 3.   This act shall take effect in 60 days.
20240SB1151PN1712                  - 10 -
Statutes/Laws affected: 
Printer's No. 1556: P.L.30, No.14
Printer's No. 1712: P.L.30, No.14