HOUSE AMENDED
PRIOR PRINTER'S NOS. 669, 1353 PRINTER'S NO. 1802
No. 627 Session of 1989
INTRODUCED BY ROCKS, JUBELIRER, LEMMOND, LOEPER, FISHER, PECORA,
HELFRICK, GREENWOOD, BRIGHTBILL, HESS, WENGER, HOLL, WILT,
HOPPER, TILGHMAN, MADIGAN, SHAFFER, ARMSTRONG, SALVATORE,
PETERSON, RHOADES, SHUMAKER, PUNT, BAKER, CORMAN,
PORTERFIELD, SCANLON, LINCOLN, LEWIS, FATTAH, STOUT,
AFFLERBACH, REIBMAN, MELLOW, JONES AND REGOLI,
FEBRUARY 28, 1989
AS REPORTED FROM COMMITTEE ON MILITARY AND VETERANS AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 11, 1989
AN ACT
1 Amending Title 51 (Military Affairs) of the Pennsylvania
2 Consolidated Statutes, providing for special State duty AND <--
3 FOR VETERANS' LITIGATION AWARDS; further providing for
4 activation of the Pennsylvania National Guard; and making an
5 appropriation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 102 of Title 51 of the Pennsylvania
9 Consolidated Statutes is amended by adding a definition to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
1 "Special State duty." State military duty by the
2 Pennsylvania military forces authorized by section 512 (relating
3 to special State duty). The term does not include active State
4 duty authorized by section 508 (relating to active State duty
5 for emergency) or duty authorized and funded under Title 10 of
6 the United States Code (relating to Armed Forces) and Title 32
7 of the United States Code (relating to National Guard).
8 Section 2. Section 508 of Title 51 is amended to read:
9 § 508. Active State duty for emergency.
10 The Governor may place the Pennsylvania National Guard, or
11 any part thereof, or when unavailable due to call or order into
12 the service of the United States, the Pennsylvania Guard, or any
13 part thereof, on active duty when an emergency in this
14 Commonwealth occurs or is threatened[,]; when a shipment of
15 controlled substances or designer drugs under the act of April
16 14, 1972 (P.L.233, No.64), known as The Controlled Substance,
17 Drug, Device and Cosmetic Act, is imminent; or when tumult, riot
18 or disaster shall exist or is imminent.
19 Section 3. Title 51 is amended by adding a section to read:
20 § 512. Special State duty.
21 The Governor may place, or delegate authority to the Adjutant
22 General to order, any volunteer member of the Pennsylvania
23 National Guard or, when unavailable due to call or order into
24 the service of the United States, any member of the Pennsylvania
25 Guard on special State duty to respond to community needs,
26 support Commonwealth functions and ceremonies, participate in
27 court-martials and board functions, support Federal, State and
28 local drug eradication and interdiction operations and perform
29 other necessary military duties to the extent that funds are
30 appropriated and available for special State duty.
19890S0627B1802 - 2 -
1 Section 4. Section 902 of Title 51 is amended by adding a
2 paragraph to read:
3 § 902. General powers and duties of Adjutant General.
4 The Adjutant General as head of the department is responsible
5 to the Commonwealth and to the Governor for the organization and
6 functioning of said department, and the performance and carrying
7 out of all the duties, powers and responsibilities given or
8 delegated. In addition he is hereby authorized and directed to:
9 * * *
10 (13) Order members of the Pennsylvania National Guard to
11 special State duty under section 512 (relating to special
12 State duty).
13 Section 5. Section 3101 of Title 51 is amended to read:
14 § 3101. Pay of officers and enlisted personnel on special duty.
15 [Commissioned officers may be ordered upon special duty at
16 the discretion of the Governor and] Officers and enlisted
17 personnel ordered on special State duty for which pay is
18 authorized under the order prescribing the performance thereof
19 shall receive the pay and allowances of their respective grades
20 during the time they may continue upon duty under such order.
21 The pay authorized by this section shall not be less than $45
22 per day.
23 Section 6. Title 51 is amended by adding a section to read:
24 § 3105. Supplemental pay for enlisted personnel performing
25 federally funded duty.
26 Whenever any member of the Pennsylvania National Guard is
27 ordered to federally funded duty under Title 32 of the United
28 States Code (relating to National Guard) for the purpose of drug
29 eradication or interdiction within this Commonwealth, the
30 Adjutant General shall be authorized, to the extent that
19890S0627B1802 - 3 -
1 Commonwealth funds are appropriated and available for such
2 purpose, to supplement the Federal pay and allowances of such
3 personnel so that it is not less than $45 per day.
4 SECTION 7. TITLE 51 IS AMENDED BY ADDING A CHAPTER TO READ: <--
5 CHAPTER 79
6 VETERANS' LITIGATION AWARDS
7 SEC.
8 7901. DEFINITIONS.
9 7902. VETERANS' LITIGATION AWARDS.
10 § 7901. DEFINITIONS.
11 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
12 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
13 CONTEXT CLEARLY INDICATES OTHERWISE:
14 "AGENT ORANGE." THE HERBICIDE COMPOSED OF
15 TRICHLOROPHENOXYACETIC ACID AND DICHLOROPHENOXYACETIC ACID AND
16 THE CONTAMINANT DIOXIN (TCDD).
17 "VIETNAM HERBICIDE." THE HERBICIDES, DEFOLIANTS AND OTHER
18 CAUSATIVE AGENTS CONTAINING DIOXIN, INCLUDING AGENT ORANGE, USED
19 IN THE VIETNAM CONFLICT.
20 § 7902. VETERANS' LITIGATION AWARDS.
21 (A) AWARD EXCLUSIONS.--NOTWITHSTANDING ANY OTHER LAW OF THIS
22 COMMONWEALTH TO THE CONTRARY, ANY PROCEEDS RECEIVED PURSUANT TO
23 A JUDGMENT IN, OR SETTLEMENT OF, A LAW SUIT AGAINST THE
24 MANUFACTURER OR DISTRIBUTOR OF A VIETNAM HERBICIDE, FOR DAMAGES
25 RESULTING FROM EXPOSURE THERETO SHALL NOT BE INCOME OR
26 COMPENSATION FOR THE PURPOSE OF ANY STATE OR LOCAL TAX, OR FOR
27 THE CALCULATION OF ANY EXEMPTION OR REBATE THEREFROM, AND SHALL
28 NOT BE INCOME OR AN ASSET FOR DETERMINING THE ELIGIBILITY FOR
29 STATE OR LOCAL GOVERNMENT BENEFIT PROGRAMS INCLUDING, BUT NOT
30 LIMITED TO, GENERAL PUBLIC ASSISTANCE AND VOCATIONAL
19890S0627B1802 - 4 -
1 REHABILITATION. SUCH PROCEEDS SHALL NOT BE SUBJECT TO RECOUPMENT
2 FOR THE RECEIPT OF ANY GOVERNMENTAL BENEFITS, NOR SHALL ANY LIEN
3 BE ENFORCEABLE AGAINST SUCH SUMS FOR ANY REASON.
4 (B) PAYMENT METHOD.--THIS EXCLUSION OF LITIGATION PROCEEDS
5 FROM USE IN TAX OR BENEFIT PROGRAM CALCULATIONS SHALL BE
6 AVAILABLE TO DISABLED VETERANS OR THEIR BENEFICIARIES, WHETHER
7 PAYMENT IS RECEIVED IN A LUMP SUM OR PAYABLE IN INSTALLMENTS
8 OVER A PERIOD OF YEARS.
9 Section 7 8. The sum of $1,000,000, or as much thereof as <--
10 may be necessary, is hereby appropriated to the Pennsylvania
11 National Guard for the fiscal year July 1, 1989, to June 30,
12 1990, for drug interdiction support at international ports and
13 airports of this Commonwealth.
14 SECTION 9. SECTION 7 OF THIS ACT, ADDING CHAPTER 79, SHALL <--
15 BE RETROACTIVE TO JANUARY 1, 1989.
16 Section 8 10. This act shall take effect immediately. <--
B16L51RZ/19890S0627B1802 - 5 -