PRINTER'S NO. 3389
No. 2344 Session of 2008
INTRODUCED BY FAIRCHILD, MELIO, HERSHEY, BAKER, BOYD, BRENNAN,
CAUSER, DALLY, DePASQUALE, EVERETT, GEIST, GOODMAN, GRUCELA,
HARPER, HESS, KORTZ, MARKOSEK, McCALL, MILLARD, MOYER,
O'NEILL, PASHINSKI, PERRY, PHILLIPS, RAYMOND, SAINATO,
R. STEVENSON, J. TAYLOR, WATSON AND WOJNAROSKI,
MARCH 10, 2008
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MARCH 10, 2008
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for the Office of
21 Veteran Advocate; assigning duties to the Office of Attorney
22 General; and making an appropriation.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
1 as The Administrative Code of 1929, is amended by adding an
2 article to read:
3 ARTICLE IX-C
4 OFFICE OF VETERAN ADVOCATE
5 Section 901-C. Definitions.
6 The following words and phrases when used in this article
7 shall have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Commission." The State Civil Service Commission.
10 "Local government entity." Any municipal unit of government
11 of the Commonwealth.
12 "Veteran." A person who is currently serving or who has
13 served and been honorably discharged from a branch of the
14 military, whether under the jurisdiction of the Federal or State
15 Government.
16 Section 902-C. Office of Veteran Advocate.
17 (a) Establishment.--The Office of Veteran Advocate is
18 established in the Office of Attorney General to represent the
19 interest of veterans before the commission and to review and
20 intervene in cases involving, but not limited to, any of the
21 provisions of the following:
22 (1) 51 Pa.C.S. (relating to military affairs).
23 (2) Section 303(a) of the act of March 4, 1971 (P.L.6,
24 No.2), known as the Tax Reform Code of 1971.
25 (b) Qualifications.--The Veteran Advocate shall be an
26 individual who is a veteran and who, by training, experience and
27 attainment, is qualified to represent the interest of veterans.
28 Compensation shall be set by the Executive Board.
29 (c) Other activities prohibited.--No individual who serves
30 as a Veteran Advocate shall, while serving in such position,
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1 engage in any business, vocation, other employment or have other
2 interests inconsistent with the official responsibilities under
3 this article, nor shall the Veteran Advocate seek or accept
4 employment nor render beneficial services for compensation with
5 any other entity.
6 (d) Limitation.--Any individual who is appointed to the
7 position of Veteran Advocate shall not seek election nor accept
8 appointment to any political office during the tenure as Veteran
9 Advocate and for a period of two years after the appointment is
10 served or terminated.
11 Section 903-C. Assistant veteran advocates and other employees.
12 The Veteran Advocate, with the approval of the Attorney
13 General, shall appoint attorneys as assistant veteran advocates
14 and such additional clerical, technical and professional staff
15 as may be appropriate and may contract for such additional
16 services as shall be necessary for the performance of the
17 functions under this article. The compensation of assistant
18 veteran advocates and such clerical, technical and professional
19 staff shall be set by the Executive Board. No assistant veteran
20 advocate or other staff employee shall, while serving in such
21 position, engage in any business, vocation, other employment or
22 have other interests inconsistent with the official
23 responsibilities under this article.
24 Section 904-C. Powers and duties.
25 (a) General rule.--In addition to any other authority
26 conferred under this article, the Veteran Advocate is
27 authorized, and it shall be a duty, in carrying out
28 responsibilities under this article to represent the interest of
29 veterans as a party, or otherwise participate for the purpose of
30 representing an interest of veterans, before the commission in
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1 any matter properly before the commission, and before any court,
2 agency or local government entity initiating proceedings if, in
3 the judgment of the Veteran Advocate, such action may be
4 necessary, in connection with any matter involving regulation by
5 the commission, whether on appeal or otherwise initiated.
6 (b) Monitoring.--The Veteran Advocate may monitor all cases
7 before corresponding regulatory agencies of the United States,
8 including the Federal Communications Commission and the Federal
9 Energy Regulatory Commission, which impact interests of veterans
10 of this Commonwealth and may formally participate in those
11 proceedings which warrant such participation.
12 (c) Discretion.--The Veteran Advocate may exercise
13 discretion in determining the interests of veterans which will
14 be advocated in any particular proceeding and in determining
15 whether or not to participate in or initiate any particular
16 proceeding and, in so determining, shall consider the public
17 interest, the resources available and the substantiality of the
18 effect of the proceeding on the interest of veterans. The
19 Veteran Advocate may refrain from intervening when, in the
20 judgment of the Veteran Advocate, intervention is not necessary
21 to represent adequately the interest of veterans.
22 (d) Petition.--In addition to any other authority conferred
23 by this article, the Veteran Advocate is authorized to represent
24 an interest of veterans which is presented for consideration
25 upon petition in writing by a substantial number of persons. The
26 Veteran Advocate shall notify the principal sponsors of any such
27 petition within a reasonable time after receipt of any such
28 petition of the action taken or intended to be taken with
29 respect to the interest of veterans presented in such petition.
30 If the Veteran Advocate declines or is unable to represent such
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1 interest, the sponsors shall be notified and provided with a
2 statement of the reasons for declining.
3 (e) Action.--Any action brought by the Veteran Advocate
4 before a court or an agency of this Commonwealth or a local
5 government entity shall be brought in the name of the Veteran
6 Advocate. The Veteran Advocate may name a veteran or group of
7 veterans in whose name the action may be brought or may join
8 with a veteran or group of veterans in bringing the action.
9 (f) Statement.--At such time as the Veteran Advocate
10 determines, in accordance with applicable time limitations, to
11 initiate, intervene or otherwise participate in any commission,
12 agency or court proceeding, the Veteran Advocate shall issue
13 publicly a written statement, a copy of which shall be filed in
14 the proceeding in addition to any required entry of appearance,
15 stating concisely the specific interest of veterans to be
16 protected.
17 (g) Military leave.--The Veteran Advocate shall have the
18 authority to review military leave issues and veteran preference
19 issues arising at the State and local government levels.
20 Section 905-C. Duties of commission.
21 In dealing with any proposed action which may substantially
22 affect the interest of veterans, the commission shall:
23 (1) Notify the Veteran Advocate when notice of the
24 proposed action is given to the public or at a time fixed by
25 agreement between the Veteran Advocate and the commission in
26 a manner to assure the Veteran Advocate reasonable notice and
27 adequate time to determine whether to intervene in such
28 matter.
29 (2) Take such action with due consideration to the
30 interest of veterans, consistent with its other statutory
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1 responsibilities.
2 Section 906-C. Savings provision and construction.
3 Nothing contained in this article shall in any way limit the
4 right of any veteran to bring a proceeding before either the
5 commission or a court.
6 Section 907-C. Reports.
7 The Veteran Advocate shall annually transmit to the Governor,
8 the Attorney General and the General Assembly and shall make
9 available to the public an annual report on the conduct of the
10 Office of Veteran Advocate. The Veteran Advocate shall make
11 recommendations as may be necessary or desirable to protect the
12 interest of veterans.
13 Section 908-C. Appropriation.
14 The sum of $2,000,000, or as much thereof as may be
15 necessary, is hereby appropriated from the General Fund to the
16 Office of Veteran Advocate to carry out the provisions of this
17 article.
18 Section 2. This act shall take effect immediately.
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