PRINTER'S NO. 1309
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1013
Session of
2015
INTRODUCED BY HUGHES, VULAKOVICH, TEPLITZ, SCAVELLO, FONTANA,
RAFFERTY, TARTAGLIONE, SABATINA, YUDICHAK, COSTA, WARD,
AUMENT, BROWNE, HAYWOOD AND WILEY, OCTOBER 9, 2015
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
OCTOBER 9, 2015
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, providing for voluntary veterans'
preference in private employment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 51 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 72
VOLUNTARY VETERANS' PREFERENCE
IN PRIVATE EMPLOYMENT
Sec.
7201. Scope of chapter.
7202. Legislative findings.
7203. Definitions.
7204. Veterans' preference private employment policy.
7205. Eligibility for preference.
7206. Nonviolation of equal opportunity laws.
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§ 7201. Scope of chapter.
This chapter relates to private employer's veterans'
preference policies.
§ 7202. Legislative findings.
The General Assembly finds and declares as follows:
(1) The Commonwealth has a moral duty and obligation to
provide for and assist its military personnel and veterans,
including new veterans returning from deployment in United
States military operations in places such as Iraq and
Afghanistan.
(2) According to a 2014 annual report by the United
States Bureau of Labor Statistics, this Commonwealth has an
unemployment rate of 4.7% for veterans, while 44.3% of
veterans were employed, which trailed the national average of
47.9%.
(3) While the Commonwealth offers veterans' preference
in public employment, a similar preference does not exist for
private employers.
(4) Twenty states have enacted legislation authorizing a
veterans' preference by private employers. The Commonwealth
should follow this emerging trend.
(5) Many states that have enacted similar legislation
have lower veteran unemployment rates and higher percentages
of employed veterans than this Commonwealth.
(6) The Commonwealth has a duty to help ease the
transition back to society for veterans, and allowing private
businesses to apply a veterans' preference employment policy
would assist more veterans in obtaining employment.
§ 7203. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"DD 214." A United States Department of Defense Report of
Separation Form 214 or a similarly effective form issued by the
Department of Defense relating to separation from military
service.
"Private employer." A sole proprietor, corporation,
partnership, limited liability company or any other legal
entity, including nonprofits, with more than one employee.
"Spouse of a disabled veteran." The spouse of a veteran who
has been classified by the United States Department of Veterans
Affairs' Veterans Benefits Administration as having a permanent
total disability and is a United States citizen.
"Surviving spouse." A spouse of a deceased veteran who is
married to the veteran prior to or on the effective date of this
section and who is a United States citizen.
"Veteran." An individual who served in any of the following
and was released under honorable conditions:
(1) the United States Armed Forces;
(2) any women's organization officially connected with
the United States Armed Forces; or
(3) the Pennsylvania National Guard.
"Veterans' preference employment policy." A voluntary policy
adopted by a private employer for hiring, promoting or retaining
a veteran, a spouse of a disabled veteran or a surviving spouse
over another qualified applicant or employee.
§ 7204. Veterans' preference private employment policy.
(a) Authority.--A private employer may adopt and apply a
veterans' employment policy.
(b) Policy.--A veterans' preference employment policy shall:
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(1) be in writing;
(2) require the inclusion of a statement in any job
posting that indicates that the employer has and applies a
veterans' preference employment policy;
(3) be provided to the applicant at time of hiring and
provided to all employees on an annual basis; and
(4) be applied uniformly to employment decisions
regarding:
(i) the hiring of new applicants;
(ii) the promotion of current employees; and
(iii) the retention of employees during a reduction
in the workforce.
§ 7205. Eligibility for preference.
A veteran, spouse of a disabled veteran or surviving spouse
shall submit the DD 214 of the veteran to a private employer
with a veterans' preference employment policy for consideration
by the employer.
§ 7206. Nonviolation of equal opportunity laws.
A voluntary veterans' preference employment policy adopted
and applied in accordance with this chapter shall not be
considered a violation of any State or local equal employment
opportunity law.
Section 2. This act shall take effect in 60 days.
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