AN ACT

 

1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," providing for the Office of
21Veteran Advocate; assigning duties to the Office of Attorney
22General; and authorizing an appropriation.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

25Section 1. The act of April 9, 1929 (P.L.177, No.175), known
26as The Administrative Code of 1929, is amended by adding an

1article to read:

2ARTICLE IX-C

3OFFICE OF VETERAN ADVOCATE

4Section 901-C. Definitions.

5The following words and phrases when used in this article
6shall have the meanings given to them in this section unless the
7context clearly indicates otherwise:

8"Commission." The State Civil Service Commission.

9"Local government entity." Any municipal unit of government 
10of the Commonwealth.

11"Veteran." A person who is currently serving or who has 
12served and been honorably discharged from a branch of the 
13military, whether under the jurisdiction of the Federal or State 
14Government.

15Section 902-C. Office of Veteran Advocate.

16(a) Establishment.--The Office of Veteran Advocate is
17established in the Office of Attorney General to represent the
18interest of veterans before the commission and to review and
19intervene in cases involving, but not limited to, any of the
20provisions of the following:

21(1) 51 Pa.C.S. (relating to military affairs).

22(2) Section 303(a) of the act of March 4, 1971 (P.L.6, 
23No.2), known as the Tax Reform Code of 1971.

24(b) Qualifications.--The Veteran Advocate shall be an
25individual who is a veteran and who, by training, experience and
26attainment, is qualified to represent the interest of veterans.
27Compensation shall be set by the Executive Board.

28(c) Other activities prohibited.--No individual who serves
29as Veteran Advocate shall, while serving in that position,
30engage in any business, vocation, other employment or have other

1interests inconsistent with the official responsibilities under
2this article, nor shall the Veteran Advocate seek or accept
3employment nor render beneficial services for compensation with
4any other entity.

5(d) Limitation.--Any individual who is appointed to the
6position of Veteran Advocate shall not seek election nor accept
7appointment to any political office during the tenure as Veteran
8Advocate and for a period of two years after the appointment is
9served or terminated.

10Section 903-C. Assistant veteran advocates and other employees.

11The Veteran Advocate, with the approval of the Attorney
12General, shall appoint attorneys as assistant veteran advocates
13and additional clerical, technical and professional staff as may
14be appropriate and may contract for additional services as shall
15be necessary for the performance of the functions under this
16article. The compensation of assistant veteran advocates and
17such clerical, technical and professional staff shall be set by
18the Executive Board. No assistant veteran advocate or other
19staff employee shall, while serving in that position, engage in
20any business, vocation, other employment or have other interests
21inconsistent with the official responsibilities under this
22article.

23Section 904-C. Powers and duties.

24(a) General rule.--In addition to any other authority
25conferred under this article, the Veteran Advocate is authorized
26and it shall be a duty, in carrying out responsibilities under
27this article, to represent the interest of veterans as a party,
28or otherwise participate for the purpose of representing an
29interest of veterans, before the commission in any matter
30properly before the commission, and before any court, agency or

1local government entity initiating proceedings if, in the
2judgment of the Veteran Advocate, such action may be necessary,
3in connection with any matter involving regulation by the
4commission, whether on appeal or otherwise initiated.

5(b) Monitoring.--The Veteran Advocate may monitor all cases
6before corresponding agencies of the United States, including
7the United States Veterans Administration, which impact
8interests of veterans of this Commonwealth and may formally
9participate in those proceedings which warrant such
10participation.

11(c) Discretion.--The Veteran Advocate may exercise
12discretion in determining the interests of veterans which will
13be advocated in any particular proceeding and in determining
14whether or not to participate in or initiate any particular
15proceeding and, in so determining, shall consider the public
16interest, the resources available and the substantiality of the
17effect of the proceeding on the interest of veterans. The
18Veteran Advocate may refrain from intervening when, in the
19judgment of the Veteran Advocate, intervention is not necessary
20to represent adequately the interest of veterans.

21(d) Petition.--In addition to any other authority conferred
22under this article, the Veteran Advocate is authorized to
23represent an interest of veterans which is presented for
24consideration upon petition in writing by a substantial number
25of persons. The Veteran Advocate shall notify the principal
26sponsors of the petition within a reasonable time after receipt
27of the petition of the action taken or intended to be taken with
28respect to the interest of veterans presented in the petition.
29If the Veteran Advocate declines or is unable to represent the
30interest, the sponsors shall be notified and provided with a

1statement of the reasons for declining.

2(e) Action.--Any action brought by the Veteran Advocate
3before a court or an agency of this Commonwealth or a local
4government entity shall be brought in the name of the Veteran
5Advocate. The Veteran Advocate may name a veteran or group of
6veterans in whose name the action may be brought or may join
7with a veteran or group of veterans in bringing the action.

8(f) Statement.--At the time the Veteran Advocate determines,
9in accordance with applicable time limitations, to initiate,
10intervene or otherwise participate in any commission, agency or
11court proceeding, the Veteran Advocate shall issue publicly a
12written statement, a copy of which shall be filed in the
13proceeding in addition to any required entry of appearance,
14stating concisely the specific interest of veterans to be
15protected.

16(g) Military leave.--The Veteran Advocate shall have the
17authority to review military leave issues and veteran preference
18issues arising at the State and local government levels.

19Section 905-C. Duties of commission.

20In dealing with any proposed action which may substantially
21affect the interest of veterans, the commission shall:

22(1) Notify the Veteran Advocate when notice of the
23proposed action is given to the public or at a time fixed by
24agreement between the Veteran Advocate and the commission in
25a manner to assure the Veteran Advocate reasonable notice and
26adequate time to determine whether to intervene in the
27matter.

28(2) Take action with due consideration to the interest
29of veterans, consistent with its other statutory
30responsibilities.

1Section 906-C. Savings provision and construction.

2Nothing contained under this article shall in any way limit
3the right of any veteran to bring a proceeding before either the
4commission or a court.

5Section 907-C. Reports.

6The Veteran Advocate shall annually transmit to the Governor,
7the Attorney General and the General Assembly and shall make
8available to the public an annual report on the conduct of the
9Office of Veteran Advocate. The Veteran Advocate shall make
10recommendations as may be necessary or desirable to protect the
11interest of veterans.

12Section 908-C. Appropriation.

13The General Assembly shall appropriate to the Office of
14Veteran Advocate the funding necessary to carry out the
15provisions of this article.

16Section 2. This act shall take effect July 1, 2013, or
17immediately, whichever is later.