THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HEFFLEY, GABLER, AUMENT, BOBACK, BROOKS, CREIGHTON, EMRICK, FARRY, GEORGE, GILLEN, GROVE, HESS, HORNAMAN, KAUFFMAN, KILLION, MAJOR, MILLARD, MILLER, MURT, PASHINSKI, PICKETT, READSHAW, ROCK, TOEPEL, TRUITT, VULAKOVICH, GEIST AND KORTZ, APRIL 18, 2012

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 22, 2012   

AN ACT

Amending Titles Title 51 (Military Affairs) and 53

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(Municipalities Generally) of the Pennsylvania Consolidated

Statutes, in professional and occupational licenses,

expanding the scope of licensure and further providing for

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definitions and for retention and certification; and making

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an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The heading of Chapter 75 of Title 51 of the

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Pennsylvania Consolidated Statutes is amended to read:

CHAPTER 75

PROFESSIONAL AND OCCUPATIONAL LICENSES AND CERTIFICATES

Section 2.  Sections 7501 and 7502 of Title 51 are amended to

read:

Section 1.  Section 7501 of Title 51 of the Pennsylvania

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Consolidated Statutes is amended to read:

§ 7501.  [Definition] Definitions.

[As used in this chapter, the word "person" means any] The

following words and phrases when used in this chapter shall have

the meanings given to them in this section unless the context

clearly indicates otherwise:

"Active duty."  Full-time duty for a period of more than 30

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days by a member of the armed forces. The term does not include

active duty for training.

"Armed forces."  The Army, Navy, Air Force, Marines and Coast

Guard of the United States, including the reserve components of

those entities and the Pennsylvania National Guard.

"Person."  An individual[, whether male or female,] who may,

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have been, is now or may hereafter become engaged in the service

of the armed forces of the United States [of America or its

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allies as a member of the armed forces, or of the merchant

marine thereof, or of any auxiliary thereof subject to military

discipline].

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"Service Member."  An individual currently serving on active

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duty in the armed forces.

"Veteran."  An individual who served on active duty in the

armed forces and who has been discharged or released from the

service under conditions other than dishonorable.

Section 2.  Section 7502 of Title 51 is amended by adding a

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subsection to read:

§ 7502.  Retention of licenses and certifications of persons

entering military service.

(a)  General rule.--[Any person] A veteran or service member 

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licensed or certified by [the Department of State, Department of

Labor and Industry, Department of Education, Insurance

Department, Department of Banking or the Municipal Police

Officers' Education and Training Commission or pursuant to the

act of October 10, 1974 (P.L.705, No.235), known as the Lethal

Weapons Training Act,] a Commonwealth agency to practice any

profession or to work at any trade or occupation[, who

heretofore has or shall thereafter enlist or be inducted or

drafted into the military or naval service of the United States

in time of war or preparation for national defense during a

national emergency,] shall not thereby forfeit his or her

current license or registration and shall be exempt from any

continuing educational requirements or in-service training

requirements.

(b)  Renewal of license or certification following discharge 

or release.--[Any such person] A veteran or service member, upon

presentation of a discharge from such service within one year

from date thereof, and upon payment of the fee prescribed by law

for the current renewal period only, shall be entitled to a

renewal of his or her license, certification or registration in

the same manner as though such renewal had been made prior to

the expiration of his or her last preceding renewal, as though

all intermediate renewal fees had been paid and as though all

continuing education or in-service training requirements have

been satisfied.

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(c)  Exemptions.--A veteran's military service, education,

training and service experience shall be taken into

consideration by all Commonwealth agencies to determine whether

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a licensing or certification requirement can be exempted. If the

veteran is lacking in a requirement, the veteran shall only be

responsible for that requirement.

Section 3.  Section 2167(d) of Title 53 is amended to read:

§ 2167.  Police training.

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(d)  Mandatory waiver request.--If a police officer is unable to

attend in-service training due to service in the military or

National Guard or as a result of injury sustained in service as

a police officer, the officer's employer shall request a waiver

under section 2164(6) (relating to powers and duties of

commission). A police officer whose employer fails to request a

waiver as required under this subsection shall not be

decertified unless, upon return to service, the officer fails to

participate in such in-service training as the commission deems

appropriate in accordance with this chapter and 51 Pa.C.S. Ch.

75 (relating to professional and occupational licenses and

certificates). consideration by the entities listed in

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subsection (a) to determine whether a licensing or certification

requirement has been met by or can otherwise be waived by reason

of that military service, education, training or experience. The

veteran shall only be required to meet a licensing or

certification requirement which has not been met by or waived

under this subsection.

Section 4 3.  This act shall take effect in 60 days.

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