AN ACT

 

1Amending Title 51 (Military Affairs) of the Pennsylvania
2Consolidated Statutes, providing for fee waiver certificate.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Title 51 of the Pennsylvania Consolidated
6Statutes is amended by adding a chapter to read:

7CHAPTER 97

8FEE WAVIER CERTIFICATE

9Sec.

109701. Definitions.

119702. Fee waiver certificate.

129703. License.

139704. Offenses.

149705. Reporting.

15§ 9701. Definitions.

16The following words and phrases when used in this chapter
17shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Applicant." A veteran or a surviving spouse.

3"Director." A county director of veterans' affairs in which
4the applicant resides.

5"Legal resident of this Commonwealth." An individual who is
6domiciled and resides within this Commonwealth.

7"License." Any of the following licenses:

8(1) A peddlers license issued under the act of June 14,
91901 (P.L.563, No.270), entitled, "An act to provide for the
10licensing of hawkers and peddlers in the boroughs and
11townships of the Commonwealth, and providing a penalty for
12failure to obtain the same."

13(2) A license issued under 3 Pa.C.S. Ch. 57 (relating to
14food protection).

15"Licensor." A State or local entity responsible for issuing 
16a license.

17"Secretary." The Secretary of Agriculture of the
18Commonwealth.

19"Surviving spouse." An individual who meets all of the
20following:

21(1) Is the surviving spouse of a veteran.

22(2) Is a legal resident of this Commonwealth.

23"Veteran." An individual who meets all of the following:

24(1) Served in the United States Armed Forces, including
25a reserve component or the National Guard and who has been
26discharged or released from the service under conditions
27other than dishonorable.

28(2) Is a legal resident of this Commonwealth.

29§ 9702. Fee waiver certificate.

30(a) Veteran.--

1(1) A veteran may obtain a fee waiver certificate from a
2director if the veteran does all of the following:

3(i) Provides documentation required by the
4department to the director.

5(ii) The documentation under subparagraph (i) shall
6include the applicant's name and residence at the time of
7application.

8(iii) The documentation under subparagraph (i) shall
9be signed by the veteran in the presence of the director
10or a deputy designated by the director.

11(iv) A copy of the documentation under subparagraph
12(i) shall be attached to the fee waiver certificate
13issued by the director.

14(2) No charge may be imposed for a fee waiver 
15certificate issued under this subsection.

16(b) Surviving spouse.--

17(1) A surviving spouse may obtain a fee waiver 
18certificate from a director if the surviving spouse does all
19of the following:

20(i) Presents to the director an affidavit stating
21that the surviving spouse is the lawful surviving spouse
22of the deceased veteran.

23(ii) Provides documentation required by the
24department to the director establishing that the
25individual is the surviving spouse stated under
26subparagraph (i).

27(iii) Submits a true and correct copy of the
28original certificate of honorable discharge of the
29surviving spouse's deceased spouse.

30(2) No charge may be imposed for a fee waiver

1certificate issued under paragraph (1).

2(3) A fee waiver certificate issued under paragraph (1)
3shall be void if the surviving spouse remarries.

4(c) Photograph.--The documentation for a fee waiver
5certificate must be accompanied by a photograph of the applicant
6taken within 60 days prior to the application and, upon the
7issuance of the fee waiver certificate, shall be attached to the
8fee waiver certificate.

9§ 9703. License.

10(a) Compliance.--An applicant seeking to obtain a license
11shall comply with the State and local process for obtaining the
12license.

13(b) Waiver of fee.--An applicant under subsection (a) may
14provide a copy of the fee waiver certificate to a licensor which
15shall exempt the applicant from paying any fees or costs related
16to the license.

17§ 9704. Offenses.

18(a) Fee waiver certificate.--A person who fraudulently
19obtains or violates the terms of a fee waiver certificate
20commits a misdemeanor of the third degree.

21(b) Unauthorized use.--A person assigning, transferring or
22attempting to assign or transfer a fee waiver certificate or
23using or attempting to use a fee waiver certificate contrary to
24this chapter commits a misdemeanor of the third degree.

25(c) Unauthorized charge.--A person who charges or collects
26or attempts to charge or collect a fee or other compensation for
27the licensing or registration of an applicant with a valid fee
28waiver certificate commits a misdemeanor of the third degree.

29§ 9705. Reporting.

30Each director shall determine on a quarterly basis the total

1number of fee waiver certificates issued under this chapter and
2report the amount to the department. The department shall
3maintain a record of the number of fee waiver certificates
4issued.

5Section 2. This act shall take effect in 60 days.