51 PA Cons Stat § 7319 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 73 - Military Leave of Absence|Section 7319 - Military family relief assistance

§ 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 circumstances 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, real or personal property, assets or support directly related to the military service of, or exigent circumstances affecting, 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 or other exigent circumstances 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.--(Deleted by amendment).  (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) Any of the following: (i) A member of the armed forces of the United States or its reserve components, including the Pennsylvania National Guard, who is serving on active duty other than active duty for training 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.  (iii) A member in good standing of any reserve component of the armed forces of the United States, including the Pennsylvania National Guard, for a period of three years after release from a tour of active duty, other than active duty for training, or release from a tour of State active duty of 30 or more consecutive days' duration when the need for assistance is directly related to the circumstances under subsection (b)(2).  (iv) A former member of the armed forces of the United States or its reserve components, including the Pennsylvania National Guard, for a period of four years after discharge if:  (A) The member was discharged for medical reasons arising out of the member's military service.  (B) The medical disability that resulted in the member's discharge was incurred in the line of duty and was not the result of misconduct.  (C) The medical condition giving rise to the discharge did not exist prior to the member entering military service.  (D) The medical disability was incurred while the member was serving on active duty, other than active duty for training, or State active duty for a period of 30 or more consecutive days.  (E) The former member received an honorable discharge for medical reasons. (F) The need for assistance is directly related to the former member's military service, to exigent circumstances beyond the eligible member's control or the disability incurred in the line of duty of the military service.  (2) An eligible service member must be a resident of Pennsylvania at the time of the application for assistance.  "Exigent circumstances." Emergency or extraordinary situations or conditions resulting in an eligible service member being unable to provide the necessities of living for the member or the member's dependents due to factors beyond the member's control. The term includes, but is not limited to, natural or manmade disasters, loss of home, loss of employment, disability or serious illness or injury.  "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.  (Nov. 10, 2005, P.L.331, No.65, eff. imd.; Mar. 16, 2010, P.L.140, No.9, eff. 60 days; Oct. 29, 2020, P.L.1053, No.104, eff. imd.)    2020 Amendment. Act 104 reenacted and amended section 7319. 2020 Expiration. Section 7319 expired June 30, 2020. See Act 66 of 2014.