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SENATE AMENDED
PRIOR PRINTER'S NOS. 2252, 2974, 3177
PRINTER'S NO. 3511
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1600
Session of
2015
INTRODUCED BY MACKENZIE, ACOSTA, BARRAR, BIZZARRO, CORBIN,
D. COSTA, DRISCOLL, FEE, GROVE, A. HARRIS, JOZWIAK, KINSEY,
KNOWLES, MALONEY, McNEILL, MILLARD, MURT, NEILSON, READSHAW,
ROZZI, SCHLOSSBERG, SCHWEYER, THOMAS, WARD, WARNER, WHITE,
COHEN, GILLEN, ROTHMAN, BRADFORD, KORTZ, MICCARELLI, NELSON,
DUSH, GABLER AND DAVIS, SEPTEMBER 29, 2015
SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
IN SENATE, AS AMENDED, JUNE 14, 2016
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in veteran-owned small businesses,
further providing for definitions and for regulations and
providing for business fee exemption.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 96 of Title 51 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter heading
to read:
SUBCHAPTER A
PRELIMINARY PROVISIONS
Section 2. Section 9601 of Title 51 is amended to read:
§ 9601. Definitions.
Subject to section 9602 (relating to regulations), the
following words and phrases when used in this chapter shall have
the meanings given to them in this section unless the context
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clearly indicates otherwise:
"Commonwealth agency." As defined in 62 Pa.C.S. § 103
(relating to definitions).
"Executive agency." As defined in 62 Pa.C.S. § 103 (relating
to definitions).
"Purchasing agency." As defined in 62 Pa.C.S. § 103
(relating to definitions).
"Service-disabled." Being in possession of:
(1) a disability rating letter issued by the United
States Department of Veterans Affairs; or
(2) a disability determination from the United States
Department of Defense.
"Service-disabled veteran-owned small business." A small
business owned and controlled by:
(1) a service-disabled veteran or veterans; or
(2) if approved by the Department of General Services, a
surviving spouse or permanent caregiver of a service-disabled
veteran.
"Small business." As defined in 62 Pa.C.S. § 2102 (relating
to definitions).
"State-affiliated entity." As defined in 62 Pa.C.S. § 103
(relating to definitions).
"Veteran." [An individual who served on active duty in the
United States Armed Forces, including any of the following:
(1) A reservist or member of the National Guard who was
discharged or released from the service under honorable
conditions.
(2) A reservist or member of the National Guard who
completed an initial term of enlistment or qualifying period
of service.
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(3) A reservist or member of the National Guard who was
disabled in the line of duty during training.] An individual
who served in the United States Armed Forces, including a
reserve component or the National Guard, and who was
discharged or released from service under conditions other
than dishonorable.
"Veteran-owned small business." A small business owned and
controlled by a veteran or veterans.
Section 3. Chapter 96 of Title 51 is amended by adding a
subchapter heading to read:
SUBCHAPTER B
PARTICIPATION
Section 4. Section 9602 of Title 51 is amended to read:
§ 9602. Regulations.
(a) Promulgation.--The Department of General Services shall
establish policy in accordance with this [chapter] subchapter
for executive agencies and independent agencies and may, in
consultation with the department, promulgate regulations
establishing detailed definitions of the words and phrases
defined in section 9601 (relating to definitions) using, in
addition to the criteria set forth in section 9601, other
criteria as it deems appropriate, including the number of
employees and the dollar volume of business.
(b) Implementation.--State-affiliated entities shall
implement the policy for their procurement programs.
(c) Antifraud provisions.--The Department of General
Services shall establish policy and promulgate regulations
establishing antifraud provisions to deter and penalize
businesses that are not owned by those who are service-disabled
or by veterans but who falsely claim that they are in order to
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receive any action authorized by this [chapter] subchapter.
(d) Notice.--Notice of the antifraud provisions and an
e-mail address and telephone number to report violations of the
antifraud provisions to the Department of General Services shall
be included, if feasible, in any application to be certified or
to be included in any source list authorized by this [chapter]
subchapter. The Department of General Services shall include in
its annual reports to the General Assembly information about the
number of businesses penalized for violating antifraud
provisions.
Section 5. Chapter 96 of Title 51 is amended by adding a
subchapter to read:
SUBCHAPTER C
BUSINESS FEE EXEMPTION
Sec.
9610. Definitions.
9611. Exemption.
§ 9610. Definitions.
As used in this subchapter, the following words and phrases
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Business fee." A fee required to be paid to the
Commonwealth or an instrumentality of the Commonwealth A
POLITICAL SUBDIVISION for starting or opening a business within
this Commonwealth. The term does not include a fee for
maintaining licensure or other requirement for continuing to
operate a business.
"Reservist." A member of a United States Armed Forces
reserve component or National Guard.
"Reservist-owned small business." A business owned and
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controlled by a member of a United States Armed Forces reserve
component or National Guard.
§ 9611. Exemption.
(a) Payment.--A veteran-owned or reservist-owned small
business shall be exempt from the payment of a business fee.
(b) Proof.--A veteran or reservist must provide the
department OR LICENSING AUTHORITY OF A POLITICAL SUBDIVISION
with proof of the veteran's or reservist's status using any of
the following WITH ANY BUSINESS APPLICATION :
(1) A copy of a Federal DD-214 form.
(2) A copy of a Federal NGB-22 form.
(3) A valid Federal Veterans' Administration card.
(4) A valid Department of Defense-issued military
identification card.
(c) Status.--The Department of State OR LICENSING AUTHORITY
OF A POLITICAL SUBDIVISION , in consultation with other
Commonwealth agencies, may determine an applicant's status as a
veteran or reservist in accordance with this section.
(d) Offenses.--
(1) A person who fraudulently obtains a business fee
exemption commits a misdemeanor of the third degree.
(2) A person assigning, transferring or attempting to
assign or transfer a business fee exemption or using or
attempting to use a business fee exemption contrary to this
section commits a misdemeanor of the third degree.
(e) Reporting.--The Department of State shall annually
determine the total number of business fee exemptions issued
under this section. APPLIED FOR AND ISSUED AND THE TOTAL DOLLAR
AMOUNT OF THE EXEMPTIONS UNDER THIS SECTION AND SUBMIT A REPORT
TO THE CHAIR AND MINORITY CHAIR OF THE VETERANS AFFAIRS AND
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EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE AND THE CHAIR AND
MINORITY CHAIR OF THE VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THE
REPORT MAY BE SUBMITTED ELECTRONICALLY.
Section 6. The amendment of 51 Pa.C.S. §§ 9601 and 9602
shall not affect nor impair the status of any of the following
under 51 Pa.C.S. Ch. 96 or 74 Pa.C.S.:
(1) A veteran-owned small business.
(2) A service-disabled veteran-owned small business.
Section 7. This act shall take effect in 60 days.
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