PRINTER'S NO. 4175
No. 2973 Session of 1996
INTRODUCED BY E. Z. TAYLOR, SHEEHAN, GEORGE, M. COHEN, STABACK,
LEDERER, CHADWICK, BEBKO-JONES, MELIO, LAUGHLIN, MERRY,
KAISER, BAKER, FARMER, TRELLO, FAIRCHILD, BELFANTI, OLASZ,
DiGIROLAMO, GODSHALL, WALKO, HESS, PLATTS, TRUE, RUBLEY,
THOMAS, DENT, DEMPSEY, GEIST, BUNT, BELARDI, MILLER, ITKIN,
GIGLIOTTI, MYERS, ROBINSON, FICHTER, SAINATO, LUCYK, LYNCH,
KING, L. I. COHEN, YOUNGBLOOD, HENNESSEY, PETTIT, JAMES,
PISTELLA, TRAVAGLIO, KENNEY, MAJOR, WOGAN, SATHER AND
PHILLIPS, OCTOBER 10, 1996
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, OCTOBER 10, 1996
AN ACT
1 Amending Title 51 (Military Affairs) of the Pennsylvania
2 Consolidated Statutes, providing for a Pennsylvania Armed
3 Conflict Service Medal; and making an appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 37 of Title 51 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subchapter heading
8 to read:
9 CHAPTER 37
10 DECORATIONS, MEDALS, BADGES AND AWARDS
11 SUBCHAPTER A
12 GENERAL PROVISIONS
13 Section 2. Section 3701 of Title 51 is amended to read:
14 § 3701. Authorized decorations, medals, badges and awards.
1 (a) General rule.--The following decorations, medals, badges
2 and awards are authorized to be presented by the Governor in the
3 name of the Commonwealth:
4 (1) Pennsylvania Cross for Valor.
5 (2) Pennsylvania Distinguished Service Medal.
6 (3) Pennsylvania Meritorious Service Medal.
7 (4) Pennsylvania Commendation Medal.
8 (5) [State Medal for Federal Service during any war.]
9 Pennsylvania Armed Conflict Service Medal.
10 (6) Pennsylvania Service Ribbon or Medal for active
11 State service during an emergency.
12 (7) Pennsylvania Twenty Year Service Medal.
13 (8) Major General Thomas R. White, Jr. Medal.
14 (9) General Thomas J. Stewart Medal.
15 (10) Pennsylvania Outstanding Aeronautical Achievement
16 Award.
17 (11) Marksmanship Medals or Badges.
18 (b) Method of award.--The following decorations, medals,
19 badges and awards will be awarded under the following
20 conditions:
21 (1) The Pennsylvania Cross for Valor shall be awarded by
22 the Governor to members of the Pennsylvania National Guard,
23 Pennsylvania Guard or the armed forces of the United States
24 or their reserve components for acts of bravery or valor
25 above the ordinary gallantry of other members of the
26 services.
27 (2) The Pennsylvania Distinguished Service Medal shall
28 be awarded by the Governor to members of the Pennsylvania
29 National Guard, Pennsylvania Guard or armed forces of the
30 United States or their reserve components in recognition of
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1 meritorious service beyond the normal dictates of duty to
2 this Commonwealth.
3 (3) The Pennsylvania Meritorious Service Medal shall be
4 awarded by the Governor to civilians and members of the
5 Pennsylvania National Guard, Pennsylvania Guard or the armed
6 forces of the United States or their reserve components in
7 recognition of meritorious service rendered this Commonwealth
8 and while holding a position of great responsibility.
9 (4) The qualifications for awarding the Pennsylvania
10 Commendation Medal, [the State Medal for Federal Service
11 during any war,] the Service Ribbon or Medal for active State
12 service during an emergency, the Pennsylvania Twenty Year
13 Service Medal, the Major General Thomas R. White, Jr. Medal,
14 the General Thomas J. Stewart Medal, the Pennsylvania
15 Outstanding Aeronautical Achievement Award, and the
16 Marksmanship Medals or Badges, shall be prescribed by the
17 Adjutant General by regulation. The qualifications for
18 awarding the Pennsylvania Armed Conflict Service Medal shall
19 be governed by Subchapter B (relating to Pennsylvania Armed
20 Conflict Service Medal).
21 (5) The Adjutant General is empowered to establish such
22 other decorations, medals, badges and awards as he may
23 prescribe by regulation.
24 (c) Recommendations for medals.--All recommendations for
25 decorations, medals, badges and awards, except those of the
26 Governor, must be forwarded to the Governor through the
27 department.
28 Section 3. Chapter 37 of Title 51 is amended by adding a
29 subchapter to read:
30 SUBCHAPTER B
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1 PENNSYLVANIA ARMED CONFLICT SERVICE MEDAL
2 Sec.
3 3721. Short title of subchapter.
4 3722. Preamble.
5 3723. Definitions.
6 3724. Award of Pennsylvania Armed Conflict Service Medal.
7 3725. Duties of Adjutant General.
8 3726. Notification of veterans.
9 3727. Voluntary contribution system.
10 3728. Pennsylvania Armed Conflict Service Medal Fund.
11 3729. Use of contributions.
12 3730. Appropriation.
13 § 3721. Short title of subchapter.
14 This subchapter shall be known and may be cited as the
15 Pennsylvania Armed Conflict Service Medal Act.
16 § 3722. Preamble.
17 The sons and daughters of this Commonwealth always answered
18 the call of duty when the principles of freedom were at risk.
19 The citizens of this Commonwealth are grateful for the personal
20 sacrifices that resulted from the courage and devotion to duty
21 as displayed by those who have worn the uniform of our nation.
22 In appreciation, the General Assembly establishes the
23 Pennsylvania Armed Conflict Service Medal.
24 § 3723. Definitions.
25 The following words and phrases when used in this subchapter
26 shall have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Armed conflict." The military operations that occurred in
29 World War II, Korea, the Dominican Republic, Vietnam, Grenada,
30 Panama and the Persian Gulf and all armed conflicts occurring
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1 thereafter. The period of time defined as armed conflict and the
2 area defined as the theater of operations shall be established
3 by the United States Department of Defense for the awarding of
4 combat pay.
5 "Fund." The Pennsylvania Armed Conflict Service Medal Fund.
6 "Legal resident of this Commonwealth." An individual who
7 gave this Commonwealth or any specific place in this
8 Commonwealth as his or her place of residence or home address
9 when entering the armed forces of the United States without
10 regard to the place of enlistment, commission or induction. The
11 proof of such residence shall be either the official records of
12 the United States or such other evidence of bona fide residence
13 as may be deemed sufficient by the Adjutant General. The term
14 shall include a person who became a veteran while serving as a
15 member of the Pennsylvania Army National Guard or the
16 Pennsylvania Air National Guard.
17 "Veteran." A member of the active component of the armed
18 forces of the United States who served in the theater of
19 operations during armed conflict. In addition, the term shall
20 also include a member of the Pennsylvania Army National Guard,
21 the Pennsylvania Air National Guard or a reserve component of
22 the armed forces who was called to serve on active duty for the
23 support of armed conflict, whether that service was in the
24 theater of operations or not. The term shall also include a
25 member of any active component of the armed forces of the United
26 States, any member of the Pennsylvania Army National Guard or
27 Pennsylvania Air National Guard or a reserve component of the
28 armed forces called to serve on active duty who, during periods
29 not defined as armed conflict and while performing official
30 military duties or being present on military property, was
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1 wounded or killed as a result of hostile action or who became a
2 captive of hostile forces. The term shall not include:
3 (1) An individual who was separated from the armed
4 forces under other than honorable conditions.
5 (2) An individual who has renounced his United States
6 citizenship.
7 § 3724. Award of Pennsylvania Armed Conflict Service Medal.
8 (a) Presentation by Governor.--The Pennsylvania Armed
9 Conflict Service Medal, to include a corresponding ribbon and
10 lapel pin, shall be presented by the Governor in the name of the
11 Commonwealth to each qualifying veteran who is a legal resident
12 of this Commonwealth. In the case of death, the medal shall be
13 awarded to the surviving spouse.
14 (b) Design and procurement.--The Adjutant General shall
15 provide for the design and procurement of the Pennsylvania Armed
16 Conflict Service Medal to include a corresponding ribbon and
17 lapel pin.
18 (c) Application procedure.--The Adjutant General shall
19 establish a procedure for receiving and reviewing applications
20 for receipt of the Pennsylvania Armed Conflict Service Medal and
21 for determining eligibility for such medal. Proof of qualifying
22 service shall be the official military records of the United
23 States or such other evidence as may be deemed sufficient by the
24 Adjutant General.
25 (d) Cost.--Any veteran who applies to the department on or
26 before June 15, 1998, and who is determined to be eligible by
27 the Adjutant General shall be awarded the Pennsylvania Armed
28 Conflict Service Medal at no cost to the veteran. Thereafter,
29 the medal shall be awarded to qualifying veterans at cost unless
30 a subsequent appropriation is authorized and available to cover
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1 the cost of the medal.
2 § 3725. Duties of Adjutant General.
3 In addition to other powers conferred by this subchapter, the
4 Adjutant General shall have the power:
5 (1) To receive for and on behalf of the Commonwealth
6 monetary gifts or bequests which shall be deposited in the
7 fund.
8 (2) To accept grants and subsidies from or enter into
9 agreements or any other transactions with any Federal agency
10 or agency of the Commonwealth or other entity.
11 (3) To enter into contracts and to execute all
12 instruments necessary or appropriate for the implementation
13 of this subchapter.
14 (4) To issue appropriate regulations for the
15 implementation of this subchapter.
16 (5) To do all other things necessary or appropriate to
17 carry out the powers granted by this subchapter.
18 § 3726. Notification of veterans.
19 (a) Preparation of pamphlet.--The Adjutant General shall, as
20 soon as practicable after the effective date of this subchapter,
21 prepare and publish a pamphlet containing an explanation of the
22 provisions of this chapter, accompanied by statements which he
23 believes may be of assistance in apprising the veterans of their
24 right to receive a Pennsylvania Armed Conflict Service Medal and
25 in filing applications for the medal. The Adjutant General
26 shall, from time to time, prepare and publish any additional or
27 supplementary information as may be found necessary.
28 (b) Distribution.--The pamphlet shall be distributed in a
29 manner determined by the Adjutant General to be most effective
30 to inform veterans of their rights under this subchapter. The
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1 Adjutant General shall enlist, as far as possible, the services
2 of veteran organizations in this Commonwealth in the
3 dissemination of the information.
4 Section 4. The sum of $200,000, or as much thereof as may be
5 necessary, is hereby appropriated to the Pennsylvania Armed
6 Conflict Service Medal Fund for the design, procurement and
7 implementation of this medal.
8 Section 5. This act shall take effect in 60 days.
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