PRINTER'S NO. 1672
No. 1204 Session of 2007
INTRODUCED BY BROWNE, STACK, TARTAGLIONE, MUSTO, WASHINGTON,
O'PAKE, PUNT, C. WILLIAMS, LAVALLE, RHOADES, ORIE,
WONDERLING, COSTA, BOSCOLA, RAFFERTY AND FERLO,
DECEMBER 27, 2007
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
DECEMBER 27, 2007
AN ACT
1 Amending Title 51 (Military Affairs) of the Pennsylvania
2 Consolidated Statutes, changing the name of the Department of
3 Military and Veterans Affairs; further providing for the
4 State Veterans' Commission and the Deputy Adjutant General
5 for Veterans' Affairs; establishing the Department of
6 Veterans Affairs, the bureaus within the department and the
7 State Veterans Commission; providing for the powers and
8 duties of the Department of Veterans Affairs and its bureaus;
9 and making conforming amendments and editorial changes.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 102 of Title 51 of the Pennsylvania
13 Consolidated Statutes is amended to read:
14 § 102. Definitions.
15 Subject to additional definitions contained in subsequent
16 provisions of this title which are applicable to specific
17 provisions of this title, the following words and phrases when
18 used in this title shall have, unless the context clearly
19 indicates otherwise, the meanings given to them in this section:
20 "Armory." Land, buildings and fixtures used for housing
1 elements of the Pennsylvania military forces.
2 "Department." The Department of Military [and Veterans]
3 Affairs of the Commonwealth.
4 "National Defense Act." The act of Congress, entitled "An
5 act for making further and more effectual provisions for the
6 National Defense and for other purposes," approved June 3, 1916,
7 its amendments and supplements.
8 "National Guard of the United States." The Army National
9 Guard of the United States and the Air National Guard of the
10 United States.
11 "Officer." Commissioned or warrant officer.
12 "Order." General or special order, oral or written, whether
13 issued pursuant to State or Federal authority.
14 "Pennsylvania Guard." Those organized units of the
15 Pennsylvania military forces which are not Federally recognized
16 or which serve under the authority of the Governor when the
17 Pennsylvania National Guard, in whole or in part, is on extended
18 Federal active duty.
19 "Pennsylvania military forces." The land, air and sea
20 military units organized for the internal security of this
21 Commonwealth.
22 "Pennsylvania National Guard." The Pennsylvania Army
23 National Guard and the Pennsylvania Air National Guard.
24 Section 2. Sections 701(b), 704, 710(a) and (c) and 902(11),
25 (12) and (14) of Title 51 are amended to read:
26 § 701. Overall powers of department.
27 * * *
28 (b) Designation.--[The Department of Military Affairs is
29 designated as the Department of Military and Veterans Affairs.
30 Contracts, deeds and official actions by the department shall
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1 not be affected by the use of the designation by the department
2 as the Department of Military Affairs. The department may
3 continue to use the name Department of Military Affairs on
4 stationery or any official documents until existing supplies are
5 exhausted. The department may substitute the title Department of
6 Military and Veterans Affairs for the Department of Military
7 Affairs on its documents and materials on such schedule as it
8 deems appropriate.] The Department of Military and Veterans
9 Affairs is designated as the Department of Military Affairs.
10 Contracts, deeds and official actions by the department shall
11 not be affected by the use of the designation by the department
12 as the Department of Military and Veterans Affairs. The
13 department may continue to use the name Department of Military
14 and Veterans Affairs on stationery or any official documents
15 until existing supplies are exhausted. The department may
16 substitute the title Department of Military Affairs for the
17 Department of Military and Veterans Affairs on its documents and
18 materials on such schedule as it deems appropriate.
19 [§ 704. Advisory councils for veterans' homes.
20 (a) Establishment of advisory council.--There is hereby
21 established an advisory council for each veterans' home operated
22 by the Commonwealth. Each advisory council shall consist of 15
23 members and the Adjutant General, who shall serve ex officio.
24 Twelve of the members shall be appointed by the Governor from a
25 list of nominations submitted to the Adjutant General by the
26 Pennsylvania War Veterans' Council. The Speaker of the House of
27 Representatives and the President pro tempore of the Senate
28 shall each appoint one member from their respective bodies to
29 serve on each council. The remaining member on the advisory
30 council shall be selected by the residents of the veterans'
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1 homes.
2 (b) Term of office and officers.--Each member of the
3 councils appointed from the General Assembly shall serve for the
4 duration of that General Assembly. The eight members appointed
5 by the Governor shall serve a term of three years, provided that
6 the initial eight members selected by the Governor shall serve
7 as follows: three members for one year, three members for two
8 years and two members for three years as designated by the
9 Governor. Each council shall organize as soon as possible and
10 shall annually elect a president, vice president and secretary.
11 (c) Removal for cause.--The members appointed by the
12 Governor may be removed by the Governor for cause.
13 (d) Quorum and time of meetings.--Six members of a council
14 shall constitute a quorum for the purpose of conducting the
15 business of the council. Each advisory council shall meet at
16 least quarterly and at other times at the call of the president.
17 (e) Expenses.--Members of each advisory council shall
18 receive no compensation for their services but shall receive
19 reimbursement for their necessary and proper expenses for
20 attendance at meetings.
21 (f) Power and duty of advisory councils.--Each veterans'
22 home advisory council shall advise the Adjutant General as to
23 the management, operation and the adequacy of facilities and
24 services at their respective homes.]
25 § 710. Pennsylvania Veterans' Memorial Trust Fund.
26 (a) Administration.--The separate fund in the State Treasury
27 known as the Pennsylvania Veterans' Memorial Trust Fund shall be
28 administered by the [State Veterans' Commission] department, and
29 all moneys in the fund are appropriated to the [State Veterans'
30 Commission] department on a continuing basis.
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1 * * *
2 (c) Contributions and solicitation of funds.--
3 (1) The [State Veterans' Commission] department is
4 authorized:
5 (i) To accept, on behalf of the Commonwealth, gifts,
6 donations, legacies and usages of money from individuals,
7 organizations, public or private corporations and other
8 similar entities.
9 (ii) To solicit and raise moneys from public and
10 private sources.
11 (2) All money received or raised under this subsection
12 shall be paid into the State Treasury and credited to the
13 fund.
14 § 902. General powers and duties of Adjutant General.
15 The Adjutant General as head of the department is responsible
16 to the Commonwealth and to the Governor for the organization and
17 functioning of said department, and the performance and carrying
18 out of all the duties, powers and responsibilities given or
19 delegated. In addition he is hereby authorized and directed to:
20 * * *
21 [(11) Coordinate with other Commonwealth agencies and
22 departments, and the respective agencies of the Federal
23 Government, all matters relating to veterans' affairs within
24 this Commonwealth.
25 (12) Appoint a Deputy Adjutant General for Veterans'
26 Affairs, who shall serve as the Director of the Bureau for
27 Veterans' Affairs.]
28 * * *
29 [(14) Authorize the admittance of any member of a group
30 which has been granted veterans status by the Secretary of
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1 Defense and any spouse of a member to State veterans' homes,
2 using admission criteria and procedures as established by the
3 department by regulation.]
4 Section 3. Chapter 17 of Title 51 is repealed:
5 [CHAPTER 17
6 STATE VETERANS' COMMISSION
7 AND DEPUTY ADJUTANT GENERAL
8 FOR VETERANS' AFFAIRS
9 Subchapter
10 A. State Veterans' Commission
11 B. Deputy Adjutant General for Veterans' Affairs
12 SUBCHAPTER A
13 STATE VETERANS' COMMISSION
14 Sec.
15 1701. Definitions.
16 1702. State Veterans' Commission.
17 1703. General powers and duties.
18 1704. Specific powers and duties.
19 1705. Veterans' home hall of fame.
20 § 1701. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Commission." The State Veterans' Commission established by
25 this chapter.
26 § 1702. State Veterans' Commission.
27 (a) Establishment.--There is hereby established within the
28 department an advisory commission to be known as the State
29 Veterans' Commission.
30 (b) Composition.--The commission shall be composed of:
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1 (1) The Adjutant General, ex officio, or his designee.
2 (2) The State commander, commandant or head, or his
3 designee, of each of the following named veterans'
4 organizations:
5 (i) The American Legion.
6 (ii) AMVETS.
7 (iii) Blinded Veterans Association.
8 (iv) Catholic War Veterans of the United States of
9 America.
10 (v) Disabled American Veterans.
11 (vi) Jewish War Veterans of the United States.
12 (vii) Marine Corps League.
13 (viii) Military Order of the Purple Heart.
14 (ix) State Association of County Directors of
15 Veterans' Affairs.
16 (x) Veterans of Foreign Wars of the United States.
17 (xi) Veterans of World War I of the United States of
18 America, Inc.
19 (xii) Italian-American War Veterans of the United
20 States, Inc.
21 (xiii) The Vietnam Veterans of America, Inc.
22 (xiv) American Ex-Prisoners of War.
23 (xv) Keystone Paralyzed Veterans Association.
24 (3) Four members at large appointed by the Governor from
25 a list provided by the Adjutant General, each of whom shall
26 be a veteran and a member in good and regular standing of a
27 Pennsylvania branch, post, lodge or club of a recognized
28 national veterans' organization active in this Commonwealth.
29 At least one member shall be a female veteran, and at least
30 one member shall be a veteran of the Vietnam era. Members at
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1 large shall serve a term of four years and until a successor
2 has been appointed.
3 (4) The State Adjutants of the American Legion, the
4 Disabled American Veterans (DAV) and the Veterans of Foreign
5 Wars (VFW) and the Executive Director of AMVETS as nonvoting
6 members.
7 (c) Officers.--The commission shall annually elect a
8 chairman and vice chairman at the first meeting of the
9 commission after October 1. The Deputy Adjutant General for
10 Veterans' Affairs shall serve as the executive secretary to the
11 commission.
12 (d) Compensation and expenses.--Members of the commission
13 shall receive no compensation for their services but shall
14 receive reimbursement for their necessary and proper expenses
15 for attendance at meetings.
16 (e) Meetings and quorum.--The commission shall meet upon the
17 call of the chairman or the Adjutant General. Nine members of
18 the commission shall constitute a quorum.
19 (f) Declared vacancies.--The Governor, upon recommendation
20 of the Adjutant General, shall declare a vacancy to exist
21 whenever any member at large fails to attend three consecutive
22 meetings without good cause. Any declared vacancy shall be
23 filled for the unexpired term.
24 § 1703. General powers and duties.
25 The commission shall advise the Adjutant General and the
26 department on all matters pertaining to the status, welfare,
27 benefits, employment and support of veterans and veterans'
28 programs in this Commonwealth and shall perform such other
29 functions as are provided by law.
30 § 1704. Specific powers and duties.
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1 The commission shall have the following powers and duties:
2 (1) Advise the Adjutant General upon such matters as the
3 Adjutant General may bring before it.
4 (2) Investigate the work of the department and make
5 recommendations to it regarding the department's
6 administration of the laws providing for the payment of
7 pensions and relief, for the marking of graves of veterans
8 and for the selection, acquisition and maintenance of a State
9 military cemetery.
10 (3) Investigate and recommend to the Governor
11 legislation for submission to the General Assembly concerning
12 veterans and their activities.
13 (4) Oversee veterans' emergency assistance payments
14 under Chapter 85 (relating to veterans' emergency
15 assistance).
16 (5) Certify educational gratuity payments for eligible
17 children under Chapter 87 (relating to educational gratuity
18 program).
19 (6) Determine eligibility of veteran applicants for real
20 property tax exemptions under Chapter 89 (relating to
21 disabled veterans' real estate tax exemption).
22 (7) Promulgate rules and regulations governing all
23 actions of the commission under paragraphs (4), (5) and (6).
24 § 1705. Veterans' home hall of fame.
25 (a) General rule.--Each veterans' home operated by the
26 Commonwealth shall establish and dedicate a hall of fame to
27 recognize and honor the military achievements of outstanding
28 veterans who have completed honorable, active duty military
29 service and who reside or resided in the geographic region
30 served by the veterans' home. The area or space in the veterans'
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1 home dedicated to the hall of fame may be used for other
2 purposes.
3 (b) Selection of inductees.--The advisory council for each
4 veterans' home shall, consistent with the guidelines established
5 by the commission in subsection (c), nominate eligible veterans
6 for induction into the hall of fame by the commission and
7 perform such other duties relating to the hall of fame as
8 approved by the commission. Any Medal of Honor recipient shall
9 be automatically inducted into the hall of fame.
10 (c) Oversight.--The commission shall develop guidelines for
11 the halls of fame. The guidelines shall include, but not be
12 limited to:
13 (1) Eligibility criteria for qualified candidates.
14 (2) Procedures for nomination of candidates and
15 selection of inductees.
16 (3) Ceremonies to officially honor the inductees.
17 (4) Manner of recognizing or presenting the inductees in
18 the halls of fame.
19 (5) Maintenance of the halls of fame.
20 (6) Duties of the advisory councils of the veterans'
21 homes relating to the halls of fame.
22 (d) Documentation.--Each eligible veteran or his or her
23 representative shall be responsible for obtaining the
24 documentation necessary to establish his or her eligibility from
25 the National Archives in Washington, D.C., or the National
26 Personnel Record Center in St. Louis, Missouri.
27 (e) Centralized list.--The State Veterans' Commission shall
28 keep a centralized list of all hall of fame inductees from all
29 regional veterans' homes.
30 SUBCHAPTER B
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1 DEPUTY ADJUTANT GENERAL
2 FOR VETERANS' AFFAIRS
3 Sec.
4 1711. Qualifications and status.
5 1712. Specific duties.
6 § 1711. Qualifications and status.
7 (a) Deputy Adjutants General.--In addition to such other
8 Deputy Adjutants General as may be named in the department,
9 there shall be a Deputy Adjutant General for Veterans' Affairs,
10 who shall perform the duties under section 1712 (relating to
11 specific duties) and such other duties as the Adjutant General
12 may assign.
13 (b) Appointment.--The Deputy Adjutant General for Veterans'
14 Affairs shall be selected and appointed as other Deputy
15 Adjutants General are selected and appointed. He shall be a
16 veteran and an active member of at least one of the veterans'
17 organizations listed under section 1702(b) (relating to State
18 Veterans' Commission).
19 (c) Compensation.--The compensation of the Deputy Adjutant
20 General for Veterans' Affairs shall be as established by law.
21 (d) Status.--The Deputy Adjutant General for Veterans'
22 Affairs shall be accorded all the rights, emoluments and
23 privileges, except pay and allowances, of a brigadier general in
24 the Pennsylvania Guard and shall be addressed as "General."
25 § 1712. Specific duties.
26 In addition to such other duties as may be provided by law or
27 as assigned by the Adjutant General, the Deputy Adjutant General
28 for Veterans' Affairs shall have the following specific duties:
29 (1) To recommend to the Adjutant General and the
30 Governor, with the advice of the State Veterans' Commission,
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1 new legislation and amendments to existing statutes
2 concerning veterans and their activities for consideration by
3 the General Assembly.
4 (2) To cooperate with all Federal and State departments
5 and agencies in the interest of veterans.
6 (3) To aid in filing and prosecuting claims of
7 Pennsylvania's veterans and their dependents under Federal or
8 State laws or regulations.
9 (4) To aid veterans in seeking employment or
10 reemployment after their honorable discharge from the armed
11 forces of the United States.
12 (5) To aid veterans requiring medical care in securing
13 hospitalization provided by a Federal or State medical or
14 care facility.
15 (6) To aid in the rehabilitation of injured, wounded or
16 compensable veterans in educational institutions or
17 vocational training institutions for which they may be
18 eligible by law.
19 (7) To cooperate with and advise the Department of
20 Education with respect to vocational training programs for
21 veterans, particularly programs suited to casualties.
22 (8) To administer relief provided by the Commonwealth
23 for veterans and their dependents.
24 (9) To administer the distribution under the direction
25 of the Adjutant General of any compensation to veterans or
26 their dependents that has been or may be granted by the
27 Commonwealth.
28 (10) To investigate the work of other State agencies in
29 administering laws affecting veterans and their dependents.
30 (11) To investigate, compile and maintain complete and
20070S1204B1672 - 12 -
1 accurate data concerning veterans of the armed forces of the
2 United States and all State and municipal activities related
3 thereto.
4 (12) To compile from the records transmitted from the
5 various counties of this Commonwealth a record of the burial
6 places in this Commonwealth of deceased veterans, including
7 such information as the Deputy Adjutant General for Veterans'
8 Affairs or his designee deems necessary and appropriate.
9 (13) To disseminate information concerning
10 Pennsylvania's veterans and Pennsylvania's veterans' programs
11 to veterans' organizations, to the public press and other
12 media and to the general public.
13 (14) To biannually submit, through the Adjutant General,
14 to the Governor a report of State activities on behalf of
15 veterans.
16 (15) To serve as a clearinghouse for all problems or
17 issues related to Pennsylvania's veterans and their
18 dependents.
19 (16) To serve as Executive Secretary of the State
20 Veterans' Commission.]
21 Section 4. Title 51 is amended by adding chapters to read:
22 CHAPTER 18
23 DEPARTMENT OF VETERANS AFFAIRS
24 Sec.
25 1801. Definitions.
26 1802. Establishment.
27 1803. Purpose.
28 1804. General powers and duties.
29 1805. Additional powers and duties.
30 1806. Secretary of Veterans Affairs.
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1 1807. Organization.
2 1808. Delegation of authority.
3 1809. Commissions, councils and boards.
4 1810. Bureau of Veterans Benefits Assistance.
5 1811. Local governing bodies.
6 1812. County and city veterans service officer.
7 1813. Cooperation and joint employment.
8 1814. Bureau of State Veterans Homes.
9 1815. State Veterans Commission.
10 1816. Veterans Organizations Advisory Council.
11 1817. Advisory councils for State veterans homes.
12 1818. Prohibitions.
13 1819. Confidentiality of records.
14 1820. Technology services.
15 1821. Reports.
16 1822. Cost reduction measures and acceptance of gifts.
17 1823. Interagency agreements.
18 1824. Conflict of interest.
19 1825. Information of public interest and public complaints.
20 1826. Liberal construction.
21 1827. Conflict between statutes and within statute.
22 1828. Severability.
23 § 1801. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Commission." The State Veterans Commission established
28 under this chapter.
29 "Commissioners." Members of the State Veterans Commission.
30 "Department." The Department of Veterans Affairs of the
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1 Commonwealth established under this chapter.
2 "Secretary." The Secretary of Veterans Affairs of the
3 Commonwealth.
4 "Veteran." A person who may be entitled to any benefits or
5 rights under the laws of the United States and this Commonwealth
6 by reason of service in the armed forces of the United States.
7 "Veterans organization." Any organization of veterans which
8 has been chartered by an act of the Congress of the United
9 States and which is legally constituted and operating in this
10 Commonwealth pursuant to that charter.
11 "Veterans service officer." A State, county or city employee
12 qualified under this chapter to provide benefits counseling and
13 claims services.
14 § 1802. Establishment.
15 The Department of Veterans Affairs is established as an
16 administrative department within the executive branch of the
17 Commonwealth and is vested with the power and authority as set
18 forth in this chapter.
19 § 1803. Purpose.
20 The purpose of the department is to actively aid veterans,
21 their dependents, surviving dependents and beneficiaries in
22 obtaining or maintaining privileges, rights and benefits to
23 which they are entitled under Federal and State laws.
24 § 1804. General powers and duties.
25 The department is authorized and empowered to do all of the
26 following:
27 (1) To aid veterans, their dependents, surviving
28 dependents and beneficiaries in the presentation, processing,
29 proof and establishment of any claims, privileges, rights and
30 benefits as they may be entitled to under Federal or State
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1 laws. The department has the authority to accept power of
2 attorney when necessary.
3 (2) To aid Commonwealth residents in active military
4 service and their dependents with problems arising out of the
5 service which come reasonably within the purview of the
6 department's program of assistance.
7 (3) To collect data and information as to the facilities
8 and services available to veterans, their dependents,
9 surviving dependents and beneficiaries.
10 (4) To inform agencies furnishing information or
11 services in this Commonwealth regarding the availability of
12 all of the following:
13 (i) Education, training and retraining facilities.
14 (ii) Health, medical, rehabilitative and housing
15 services and facilities.
16 (iii) Employment and reemployment services.
17 (iv) Provisions of Federal and State laws affording
18 rights, privileges and benefits to veterans and their
19 dependents, surviving dependents and beneficiaries.
20 (v) Any other matter of a related or appropriate
21 nature.
22 (5) To establish field offices, facilities and services
23 throughout this Commonwealth as may be necessary to carry out
24 the purposes of this chapter.
25 (6) To cooperate, as the department deems appropriate,
26 with governmental, private and civic agencies and
27 instrumentalities in securing services or benefits for
28 veterans, their dependents, surviving dependents and
29 beneficiaries.
30 (7) To enter into any contract or agreement with any
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1 person, firm, corporation or governmental agency or
2 instrumentality in furtherance of the purposes of this
3 chapter and to make all rules and regulations necessary for
4 the proper and effective administration of its duties. The
5 department shall have the authority and responsibility to
6 apply for and administer any Federal programs and develop and
7 coordinate State programs as may be beneficial to the
8 particular interests of the veterans of this Commonwealth.
9 (8) To train, supervise and assist the employees of any
10 county or city who are engaged in veterans claims service,
11 benefits counseling and awareness programs. The services and
12 programs shall be operated in affiliation with and under the
13 supervision of the department.
14 (9) To accept any property, funds, services or
15 facilities from any source, public or private, granted in aid
16 or furtherance of the administration of the provisions of
17 this chapter.
18 (10) To perform other duties in connection with veterans
19 that may be referred to the secretary by the Governor and
20 other departments or agencies of the Commonwealth and to be a
21 clearinghouse and investigative body for all problems related
22 to Pennsylvania veterans, their dependents, surviving
23 dependents and beneficiaries.
24 § 1805. Additional powers and duties.
25 The department shall have the following powers and duties in
26 addition to the powers and duties prescribed under section 1804
27 (relating to general powers and duties):
28 (1) To administer the laws providing for any of the
29 following:
30 (i) The programs for veterans' pensions and benefits
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1 under Chapter 77 (relating to veterans' pensions and
2 benefits).
3 (ii) The Veterans' Emergency Assistance Program
4 established under Chapter 85 (relating to veterans'
5 emergency assistance).
6 (iii) The Educational Gratuity Program established
7 under Chapter 87 (relating to Educational Gratuity
8 Program).
9 (iv) The program for disabled veterans' real estate
10 tax exemption under Chapter 89 (relating to disabled
11 veterans' real estate tax exemption).
12 (v) Any relief programs provided by the Commonwealth
13 for veterans, their dependents, surviving dependents and
14 beneficiaries.
15 (vi) The distribution of any compensation to
16 veterans, their dependents, surviving dependents and
17 beneficiaries that has been or may be granted by the
18 Commonwealth.
19 (vii) State veterans homes program.
20 (viii) The Scotland School for Veterans' Children.
21 (ix) The Pennsylvania Veterans' Memorial Trust Fund.
22 (2) To recommend to the Governor new legislation and
23 amendments to existing statutes concerning veterans and their
24 activities for submission to the General Assembly.
25 (3) To aid in securing hospitalization for any veteran
26 requiring medical care that may be provided by a Federal or
27 State mental, medical or surgical facility specifically
28 provided for veterans or in any other public hospital.
29 (4) To cooperate with and advise the Department of
30 Education on vocational training programs and other veterans
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1 educational programs, particularly programs focused on severe
2 service-connected disabilities, for either day or evening
3 instruction, or both.
4 (5) To investigate the work of other departments of the
5 Commonwealth administering laws affecting veterans, their
6 dependents, dependent survivors and beneficiaries.
7 (6) To investigate, compile and maintain complete and
8 accurate data concerning veterans of the armed forces of the
9 United States and all related Commonwealth and municipal
10 activities.
11 (7) To establish an information center for all veterans,
12 their dependents, surviving dependents and beneficiaries and
13 to disseminate regularly to departments, regions, districts,
14 chapters, camps and posts, as appropriate, of veterans
15 organizations throughout this Commonwealth, information as
16 the secretary shall determine, and to transmit to the public
17 press and other media of public information, information
18 relative to veterans as may be of public interest.
19 (8) To submit annually to the Governor a performance and
20 accountability report of State activities on behalf of
21 veterans.
22 (9) To appoint an executive secretary to the State
23 Veterans Commission.
24 (10) To submit for accreditation to the United States
25 Department of Veterans Affairs in accordance with 38 CFR
26 (relating to pensions, bonuses, and veterans' relief) all
27 State, county and city employees performing the duties of
28 veterans service officers and to ensure that they are
29 annually recertified.
30 (11) To enter into agreements with veterans service
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1 organizations for the purpose of obtaining dual accreditation
2 for State, county and city veterans service officers.
3 (12) To specify to the counties and cities those
4 reports, accountings and other information it may require.
5 (13) To implement a networked computer system and
6 management information system for the automated submission,
7 reviewing and tracking of claims and for the purposes of
8 assisting in the annual performance evaluation of the
9 department.
10 (14) To develop and implement departmental performance
11 management measurement standards.
12 (15) To act as a fiduciary. The secretary shall act
13 without bond as conservator of the estate of a beneficiary of
14 the veterans administration when the secretary determines no
15 other suitable person will do so.
16 § 1806. Secretary of Veterans Affairs.
17 (a) Department head.--The executive head and appointing
18 authority of the department shall be the Secretary of Veterans
19 Affairs. The secretary shall serve at the pleasure of the
20 Governor.
21 (b) Appointment.--The Governor shall nominate in accordance
22 with the provisions of the Constitution of Pennsylvania and, by
23 and with the advice and consent of a majority of the members
24 elected to the Senate, appoint a Secretary of Veterans Affairs.
25 (c) Qualifications.--The secretary shall be an honorably
26 discharged veteran of the armed forces of the United States and
27 a United States citizen with proven managerial experience and
28 success.
29 (d) Salary.--The secretary shall be paid a fixed salary by
30 the Governor in accordance with the standards established by the
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1 Executive Board.
2 (e) Vacancy and succession.--If a vacancy occurs in the
3 position of secretary while the Senate is not in session, the
4 Governor shall make a temporary appointment until the next
5 meeting of the Senate, when the Governor shall present the
6 nomination for the office to that body in accordance with the
7 provisions of the Constitution of Pennsylvania.
8 (f) General powers and duties.--The secretary shall have all
9 of the following powers and duties:
10 (1) To conduct, control and supervise the department.
11 (2) To appoint and employ and to determine the powers
12 and duties together with the salaries and other expenses of
13 clerical and other personnel as are necessary to carry out
14 the duties of the department.
15 (3) To perform all other matters and things necessary to
16 carry out the provisions of this chapter.
17 (4) To develop a system of annual performance evaluation
18 based on qualitatively and quantitatively measurable job
19 tasks.
20 (5) To cooperate fully with the commission in matters
21 related to the duties of the commission and to endeavor to
22 implement the recommendations of the commission.
23 § 1807. Organization.
24 (a) Staff.--The secretary may appoint assistants and
25 executive staff as may be needed to administer the department.
26 All appointees made under this subsection shall be veterans and
27 shall serve at the pleasure of the secretary.
28 (b) Deputy secretary.--The secretary shall designate a
29 deputy secretary from the executive staff who shall have charge
30 and general supervision of the department in the absence or
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1 disability of the secretary. In case of a vacancy in the office
2 of secretary, the deputy secretary shall continue in charge of
3 the department until a successor is appointed and qualified or
4 until the Governor appoints a temporary acting secretary.
5 (c) Exemption.--Management level employees of the department
6 are exempt from the provisions of the act of August 5, 1941
7 (P.L.752, No.286), known as the Civil Service Act. For purposes
8 of this subsection, the term "management level employee" means
9 any individual who is involved directly in the determination of
10 policy or who responsibly directs the implementation of policy
11 and includes all employees above the first level of supervision.
12 All other employees of the department shall be subject to the
13 provisions of the Civil Service Act.
14 (d) Preference.--Unless otherwise provided by law, the
15 secretary shall give preference to veterans for positions in the
16 department.
17 (e) Special instructions.--While it is the intention of the
18 General Assembly to give the secretary flexibility in organizing
19 the department, the secretary shall perform all of the
20 following:
21 (1) The secretary shall create the Bureau of Veterans
22 Benefits Assistance and the Bureau of State Veterans Homes to
23 provide field services. Each bureau shall be administered by
24 a director.
25 (2) In addition to the functions administered by the
26 bureaus established in paragraph (1), the secretary shall
27 ensure the department has the following minimum functional
28 capabilities, which may be obtained through hired employees,
29 contract operations or interagency agreements as the
30 secretary deems best suited to fulfill needs as follows:
20070S1204B1672 - 22 -
1 (i) Information and research capability to
2 disseminate information and statistical analysis of
3 pertinent data, inclusive of management analysis and
4 program development requirements.
5 (ii) Personnel management capability for human
6 resource needs.
7 (iii) Fiscal management capability.
8 (iv) Purchasing capability for all purchasing and
9 reproduction needs.
10 (v) Administrative and automated data processing
11 (ADP) support.
12 (vi) Staff development capability to provide
13 professional education to employees and county and city
14 veterans service officers.
15 (vii) Legal expertise on veterans' matters.
16 (viii) Legislative affairs capability to represent
17 the department on all matters involving legislation at
18 Federal and State levels.
19 (ix) Inspection capability to investigate and report
20 on organizational matters and to audit the performance of
21 the department in its various functional areas.
22 § 1808. Delegation of authority.
23 The secretary may delegate any power or duty vested in or
24 transferred to the secretary by law or executive order to the
25 deputy secretary or to any other assistant or subordinate, but
26 the secretary shall be responsible for the official acts of the
27 officers and employees of the department.
28 § 1809. Commissions, councils and boards.
29 The secretary shall recognize and support the following
30 commissions, councils and boards:
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1 (1) The State Veterans Commission.
2 (2) The Veterans Organizations Advisory Council.
3 (3) The State Veterans homes advisory councils.
4 (4) The Board of Trustees of the Scotland School for
5 Veterans' Children.
6 § 1810. Bureau of Veterans Benefits Assistance.
7 (a) Establishment.--The Bureau of Veterans Benefits
8 Assistance is established as a bureau within the department.
9 (b) Director.--The Director of Veterans Benefits Assistance
10 shall have supervisory authority over the Bureau of Veterans
11 Benefits Assistance. The secretary shall appoint and may remove
12 the director for just cause.
13 (c) Powers and duties.--
14 (1) The Bureau of Veterans Benefits Assistance shall
15 have the power and duty to aid members of the armed forces of
16 the United States and veterans, who are residents of this
17 Commonwealth, and their dependents, surviving dependents and
18 beneficiaries in relation to matters pertaining to all of the
19 following:
20 (i) Educational training and retraining services and
21 facilities.
22 (ii) Health, medical and rehabilitation services and
23 facilities.
24 (iii) Provisions of Federal and State laws affording
25 special rights and privileges to members of the armed
26 forces and veterans and their dependents, dependent
27 survivors and beneficiaries.
28 (iv) Employment and reemployment services.
29 (v) Other matters of similar, related or appropriate
30 nature.
20070S1204B1672 - 24 -
1 (2) The Bureau of Veterans Benefits Assistance shall
2 supervise the county and city veterans service officers
3 during the performance of their duties involving submission,
4 follow-up and reconsiderations of claims for benefits and
5 services filed on behalf of veterans, benefits counseling and
6 benefits awareness programs. The supervision shall not
7 include duties and tasks performed by the county and city
8 veterans service officers which pertain solely to local
9 activities or are required pursuant to other State laws. The
10 Bureau of Veterans Benefits Assistance shall be responsible
11 for veterans service officer training under section 1812
12 (relating to county and city veterans service officer).
13 (3) The Bureau of Veterans Benefits Assistance shall
14 have the capability of representing veterans before the Board
15 of Veterans Appeals and the Court of Veterans Appeals.
16 (4) The Bureau of Veterans Benefits Assistance shall
17 perform any other duties as may be assigned by the secretary.
18 (d) Field offices.--With the approval of the secretary, the
19 director of the Bureau of Veterans Benefits Assistance may do
20 any of the following:
21 (1) Establish, alter or abolish bureau districts within
22 this Commonwealth and establish, alter or abolish any
23 subordinate State field offices within the districts.
24 (2) Appoint and remove a supervisor for a district or
25 office.
26 (3) Appoint officers, consultants, clerks and other
27 employees as may be necessary to administer the functions of
28 the Bureau of Veterans Benefits Assistance, fix their
29 compensation within the limitation provided by law and
30 prescribe their duties.
20070S1204B1672 - 25 -
1 (e) Qualifications for State veterans service officers.--A
2 State veterans service officer shall meet all of the following
3 qualifications:
4 (1) Be a United States citizen.
5 (2) Be a veteran who served at least 18 months of active
6 duty in the armed forces of the United States and was
7 separated from the service under honorable conditions. An
8 honorably discharged veteran who was discharged for service-
9 connected or aggravated medical reasons before serving 18
10 months of active duty and who completed a tour of duty other
11 than active duty for training, regardless of the length of
12 the tour, or who satisfied his or her military obligation in
13 a manner other than active duty for training or reserve duty
14 shall be eligible under this paragraph.
15 (3) Have at least a high school degree or equivalency
16 diploma.
17 (4) Have at least four years of successful
18 administrative or managerial experience or several years of
19 successful veterans service officer experience.
20 (5) Be accredited in accordance with 38 CFR 14.629
21 (relating to requirements for accreditation of service
22 organization representatives; agents; and attorneys).
23 (f) Training of State veterans service officers.--
24 (1) State veterans service officers must be accredited
25 and annually recertified in accordance with the requirements
26 of this chapter.
27 (2) State veterans service officers shall serve an
28 internship of 18 months under the direct supervision of an
29 experienced and accredited State veterans service officer.
30 The department shall sponsor an intern before the United
20070S1204B1672 - 26 -
1 States Department of Veterans Affairs for their accreditation
2 in accordance with 38 CFR (relating to pensions, bonuses, and
3 veterans' relief) if the intern provides satisfactory proof
4 of all of the following:
5 (i) Successful completion of the internship.
6 (ii) Procurement of a letter of recommendation from
7 the supervising State veterans service officer.
8 (iii) Achievement of a score of 80 or higher on a
9 State-developed test approved by the United States
10 Department of Veterans Affairs.
11 (3) The Bureau of Veterans Benefits Assistance shall
12 establish a periodic refresher, update and advanced training
13 program which State veterans service officers must attend and
14 successfully pass as a condition of continued employment.
15 § 1811. Local governing bodies.
16 Notwithstanding any other law, the governing body of a county
17 shall and the governing body of a city may aid and assist,
18 wherever practical and feasible, a veteran who has served in the
19 armed forces of the United States and received an honorable
20 discharge from any branch of the military service of the United
21 States, and their dependents, in presenting claims for and
22 securing compensation, hospitalization, education, loans, career
23 training and other benefits or privileges to which the veteran
24 or the veteran's dependents are or may become entitled under any
25 Federal or State law by reason of their service in the armed
26 forces of the United States.
27 § 1812. County and city veterans service officer.
28 (a) General requirement.--
29 (1) The governing body of a county shall do all of the
30 following:
20070S1204B1672 - 27 -
1 (i) Employ a county veterans service officer.
2 (ii) Provide office space, clerical assistance and
3 the necessary supplies incidental to providing and
4 maintaining a county service office.
5 (iii) Pay any necessary expenses and salaries.
6 (2) The governing body of a city may do any of the
7 following:
8 (i) Employ a city veterans service officer.
9 (ii) Provide office space, clerical assistance and
10 the necessary supplies incidental to providing and
11 maintaining a city service office.
12 (iii) Pay any necessary expenses and salaries.
13 (b) Qualifications.--In order to be employed as a county or
14 city veterans service officer, a person must do all of the
15 following:
16 (1) Meet the qualifications of a State veterans service
17 officer under section 1810(e) (relating to Bureau of Veterans
18 Benefits Assistance).
19 (2) Be approved by the department under subsection (c).
20 (c) Approval required.--Any county or city desiring to
21 employ a county or city veteran service officer under this
22 section shall notify the department of its intention and shall
23 furnish the department with the name of any person applying,
24 along with documentation supporting the person's qualifications.
25 The department, upon receipt, shall certify to the county or
26 city the names of candidates for the position who meet the
27 requirements and qualifications prescribed by the department.
28 The county or city may employ any person certified by the
29 department. Duties, compensation and terms of employment shall
30 be prescribed by the appropriate governing body.
20070S1204B1672 - 28 -
1 (d) Subject to department rules.--Any person employed by any
2 county or city under this section shall be subject to
3 regulations promulgated by the department. County and city
4 veterans service officers who are not performing up to the
5 standards of the department shall have their accreditation
6 revoked and shall be recommended to the appropriate governing
7 body for removal.
8 (e) Training, accreditation and reimbursement.--The
9 department is directed to establish a training program for
10 county and city veterans service officers. Every county or city
11 veterans service officer employed under this section shall
12 attend the training program established by the department and
13 successfully complete a State-developed test approved by the
14 United States Department of Veterans Affairs and administered by
15 the department prior to assuming any responsibilities as a
16 county or city veterans service officer. The department shall do
17 all of the following:
18 (1) Sponsor the individual before the United States
19 Department of Veterans Affairs for their accreditation in
20 accordance with 38 CFR (relating to pensions, bonuses, and
21 veterans' relief).
22 (2) Recertify a qualified individual annually.
23 (3) Establish a periodic refresher, update and advanced
24 training program which each county or city veterans service
25 officer must attend and successfully complete as a condition
26 of remaining in employment as a county or city veterans
27 service officer.
28 (4) Reimburse county and city veterans service officers
29 for travel expenses incurred while fulfilling the
30 requirements of this section.
20070S1204B1672 - 29 -
1 (f) Current veterans service officers.--County or city
2 veterans service officers employed prior to the effective date
3 of this subsection shall be exempt from the provisions of
4 subsection (b)(2) and section 1810(e)(2), (3) and (4). County or
5 city veterans service officers who are not accredited on the
6 effective date of this subsection shall, in order to continue
7 employment as a county or city veterans service officer, become
8 accredited within 12 months of the effective date of this
9 subsection.
10 § 1813. Cooperation and joint employment.
11 The governing body of a county and of a city in this
12 Commonwealth may, by majority vote of the full governing bodies,
13 enter into agreements to do any of the following to carry out
14 the purposes of this chapter:
15 (1) Work jointly with any contiguous county or
16 contiguous city within the county.
17 (2) Employ jointly a veterans service officer.
18 § 1814. Bureau of State Veterans Homes.
19 (a) Establishment.--The Bureau of State Veterans Homes is
20 established as a bureau within the department.
21 (b) Powers and duties of Bureau of State Veterans Homes.--
22 The Bureau of State Veterans Homes shall have the following
23 powers and duties:
24 (1) To make recommendations to the secretary regarding
25 the maintenance and operation of State veterans homes and the
26 Scotland School for Veterans' Children.
27 (2) To operate State veterans homes and the Scotland
28 School for Veterans' Children.
29 (3) To accept gifts, grants or payments for the use of
30 each State veterans home and the Scotland School for
20070S1204B1672 - 30 -
1 Veterans' Children.
2 (4) To establish a schedule of fees to be charged to
3 residents of the State veterans homes. The fees shall be
4 based on the level of service or care required and the
5 ability of the resident to pay. The department shall
6 establish the level of service to be provided in accordance
7 with the Federal Department of Veterans Affairs standards of
8 nursing and domiciliary care.
9 (5) To perform any other duties assigned by the
10 secretary.
11 (c) Commandant.--The Commandant of State Veterans Homes
12 shall have supervisory authority over the Bureau of State
13 Veterans Homes. The secretary shall appoint and may remove the
14 commandant for just cause. The commandant shall have the
15 following powers and duties:
16 (1) To appoint, with the approval of the secretary, a
17 director qualified and licensed in this Commonwealth as a
18 nursing home administrator to administer each State veterans
19 home.
20 (2) To appoint, with the approval of the secretary, a
21 person to be Superintendent of the Scotland School for
22 Veterans' Children.
23 (3) To approve the appointment of officers and employees
24 by the State Veterans' Homes Commandant and the
25 Superintendent of the Scotland School for Veterans' Children.
26 § 1815. State Veterans Commission.
27 (a) Establishment.--There is established and assigned to the
28 department an advisory commission to the Governor and secretary
29 to be known as the State Veterans Commission. The commission
30 shall not be subject to control, supervision or direction by the
20070S1204B1672 - 31 -
1 department.
2 (b) Composition.--
3 (1) The commission shall be composed of all of the
4 following:
5 (i) Fifteen members appointed by the Governor
6 pursuant to paragraph (4) and as recommended by the
7 Veterans Organizations Advisory Council through the
8 secretary pursuant to paragraph (5).
9 (ii) Four at-large members appointed by the Governor
10 pursuant to paragraph (4) and as recommended to the
11 Governor as follows:
12 (A) One recommended by the President pro tempore
13 of the Senate.
14 (B) One recommended by the Minority Leader of
15 the Senate.
16 (C) One recommended by the Speaker of the House
17 of Representatives.
18 (D) One recommended by the Minority Leader of
19 the House of Representatives.
20 (iii) The following members as nonvoting, ex officio
21 members:
22 (A) The Adjutant General.
23 (B) The Secretary of Labor and Industry.
24 (C) The President of the Pennsylvania State
25 Association of County Directors of Veterans Affairs.
26 (iv) Any member appointed pursuant to paragraph (2)
27 or (3).
28 (2) The secretary may appoint the head of a State agency
29 or a designee as an ex officio member.
30 (3) The Governor may appoint additional members as
20070S1204B1672 - 32 -
1 recommended by an individual or organization, including the
2 Veterans Organizations Advisory Council. Organizational
3 affiliation shall not be a prerequisite for recommendation or
4 appointment.
5 (4) In making appointments, care shall be taken to
6 ensure that the members represent all of the following:
7 (i) All geographical portions of this Commonwealth.
8 (ii) All periods of service which have living
9 veterans.
10 (iii) Issues and concerns of female and minority
11 veterans.
12 (5) (i) Except as provided in subparagraph (ii), the
13 Veterans Organizations Advisory Council shall initially
14 recommend the following number of qualified veterans from
15 each of the following veterans organizations for
16 appointment pursuant to paragraph (1):
17 (A) The American Legion - two members.
18 (B) Veterans of Foreign Wars of the United
19 States - two members.
20 (C) AMVETS - one member.
21 (D) Disabled American Veterans - one member.
22 (E) Marine Corps League - one member.
23 (F) Military Order of the Purple Heart - one
24 member.
25 (G) The Vietnam Veterans of America, Inc. - one
26 member.
27 (H) Blinded Veterans Association - one member.
28 (I) Keystone Paralyzed Veterans Association -
29 one member.
30 (J) Jewish War Veterans of the United States -
20070S1204B1672 - 33 -
1 one member.
2 (K) Catholic War Veterans of the United States
3 of America - one member.
4 (L) Italian-American War Veterans of the United
5 States, Inc. - one member.
6 (M) American Ex-Prisoners of War - one member.
7 (ii) The Veterans Organizations Advisory Council
8 may, with the approval of the secretary, recommend
9 qualified veterans based on a different allocation scheme
10 than that specified in subparagraph (i). The Veterans
11 Organizations Advisory Council shall provide to the
12 secretary on July 1 of each year a listing of member
13 organizations, the number of their members and its
14 recommended allocation scheme.
15 (6) The secretary and the Veterans Organizations
16 Advisory Council shall monitor the commission to ensure that
17 the composition and qualification requirements of this
18 section are met.
19 (c) Terms.--The commissioners shall serve for terms of three
20 years each and, to ensure continuity, terms shall be staggered
21 so that not more than a third of the members' terms expire each
22 year. The staggering scheme shall be implemented by executive
23 order. The entities making recommendations under subsection
24 (b)(1)(i) and (ii) shall recommend replacements for their
25 respective commissioners at least six months prior to the
26 completion of the commissioner's appointment. Commissioners
27 shall be eligible for reappointment. Each member of the
28 commission shall take an oath of office that the member will, so
29 far as it devolves upon the member, diligently and honestly
30 administer the affairs of the commission and that the member
20070S1204B1672 - 34 -
1 will not knowingly violate or willfully permit to be violated
2 any of the provisions of law applicable to this chapter. The
3 oath shall be subscribed by the individual taking it and
4 certified by the officer before whom it is taken and shall be
5 immediately filed in the Office of the Secretary of the
6 Commonwealth.
7 (d) Qualifications.--A commissioner must meet all of the
8 following qualifications:
9 (1) Be a veteran who has been separated from the armed
10 forces of the United States under honorable conditions.
11 (2) Be a United States citizen.
12 (3) Be a legal resident of this Commonwealth.
13 (e) Officers.--One of the members of the commission shall be
14 designated as chairperson by the Governor. The designation shall
15 be in writing and shall be filed with the commission. The
16 commission shall designate its vice chairperson. The secretary
17 shall provide an executive secretary.
18 (f) Meetings and quorums.--The commission shall meet at
19 least four times annually at any place within this Commonwealth
20 upon the call of the chairperson. Fifty percent of the voting
21 members of the commission, plus one additional voting member,
22 shall constitute a quorum.
23 (g) Removal.--The Governor may suspend a member of the
24 commission only for cause. Upon the recommendation of the
25 secretary, the Governor shall declare a vacancy whenever a
26 commissioner fails to attend three consecutive meetings without
27 good cause.
28 (h) Vacancies.--A vacancy shall be filled for the remainder
29 of the unexpired term in the same manner as the original
30 appointment.
20070S1204B1672 - 35 -
1 (i) Compensation and reimbursement.--Commissioners shall
2 receive no salary or other compensation but shall be entitled to
3 receive expenses actually and necessarily incurred in the
4 performance of their duties.
5 (j) Powers and duties.--The commission shall have the
6 following powers and duties:
7 (1) To serve as a monitoring body to ensure that the
8 department is meeting the intentions of the Governor and the
9 General Assembly in being a proactive advocate on behalf of
10 veterans, military service members, and their dependents,
11 dependent survivors and beneficiaries.
12 (2) To advise the secretary and the Governor on all
13 matters pertaining to the status, welfare, benefits,
14 employment and other support of veterans in this
15 Commonwealth.
16 (3) To advise the secretary and the Governor on any
17 veterans affairs matter they bring before the commission.
18 (4) To assist the secretary in the formulation of
19 policies affecting veterans.
20 (5) To investigate the work of the department and make
21 recommendations to it regarding its administration of
22 applicable Federal and State laws, including State veterans
23 programs assigned to the department.
24 (6) To investigate and recommend to the secretary
25 legislation for submission to the General Assembly concerning
26 veterans and their activities.
27 (7) To work with the Veterans Organizations Advisory
28 Council to obtain their views and positions on all matters
29 related to veterans.
30 (8) To conduct a biennial survey of possible
20070S1204B1672 - 36 -
1 contributions that veterans service organizations and their
2 auxiliaries and other organizations concerned with veterans
3 benefits could make to the Commonwealth and report these
4 results to the department together with recommendations for
5 encouraging the contributions.
6 (9) To conduct an annual review on veterans issues for
7 the purpose of identifying those issues most urgently in need
8 of departmental, gubernatorial or legislative action. The
9 results of the review shall be formally reported in writing
10 to the Governor, the department, the President pro tempore of
11 the Senate and the Speaker of the House of Representatives.
12 (10) To present legislative testimony for any action
13 requiring legislative involvement.
14 (11) To induct nominees from the advisory council for
15 the veterans home hall of fame.
16 (k) Administration prohibited.--The commission shall not
17 administer any veterans programs or portions of veterans
18 programs for the department.
19 (l) Administrative support.--In addition to an executive
20 secretary, the secretary shall provide the commission with
21 additional administrative staff support as required in the
22 performance of their duties.
23 § 1816. Veterans Organizations Advisory Council.
24 (a) Establishment.--The State department commanders or
25 official heads of each veterans organization shall constitute an
26 advisory council to the department and to the commission, to be
27 known as the Veterans Organizations Advisory Council. The
28 Veterans Organizations Advisory Council shall not be subject to
29 control, supervision or direction by the department or the
30 commission.
20070S1204B1672 - 37 -
1 (b) Bylaws.--The Veterans Organizations Advisory Council may
2 create bylaws for its own use and conduct meetings among its own
3 members as necessary. Members may appoint an authorized delegate
4 to represent them on the Veterans Organizations Advisory
5 Council.
6 (c) Powers and duties.--The Veterans Organizations Advisory
7 Council shall have the following powers and duties:
8 (1) To nominate members to sit on the State veterans
9 homes advisory councils to the secretary.
10 (2) To, when requested, biennially assist the commission
11 in its survey of the possible contributions that veterans
12 service organizations and their auxiliaries and other
13 organizations concerned with veterans benefits can make to
14 assist the department in providing benefits to veterans,
15 their dependents, surviving dependents and beneficiaries.
16 (3) To support the commission in its work with the
17 various veterans organizations and their auxiliaries within
18 this Commonwealth.
19 (4) To function as a liaison between the various
20 veterans organizations and the commission on matters
21 pertaining to veterans and their organizations.
22 (5) To work with the commission to identify those issues
23 most urgently in need of departmental, gubernatorial or
24 legislative action.
25 (6) To present legislative testimony for any action
26 requiring legislative involvement.
27 (7) To submit names to the secretary for recommendation
28 for appointment to the commission.
29 § 1817. Advisory councils for State veterans homes.
30 (a) Establishment.--There is established an advisory council
20070S1204B1672 - 38 -
1 to the director of State veterans homes and the Commandant and
2 secretary for each veterans home operated by the department.
3 (b) Composition.--
4 (1) Each advisory council established under subsection
5 (a) shall consist of the following members:
6 (i) Ten members appointed by the Governor from a
7 list of nominations submitted to the secretary by the
8 Veterans Organizations Advisory Council.
9 (ii) One member of the Senate appointed by the
10 President pro tempore of the Senate.
11 (iii) One member of the Senate appointed by the
12 Minority Leader of the Senate.
13 (iv) One member of the House of Representatives
14 appointed by the Speaker of the House of Representatives.
15 (v) One member of the House of Representatives
16 appointed by the Minority Leader of the House of
17 Representatives.
18 (vi) One member appointed by the residents of the
19 State veterans homes.
20 (vii) The director of State veterans homes, who
21 shall serve ex officio.
22 (viii) Any members appointed pursuant to paragraph
23 (2).
24 (2) The secretary may appoint the head of a State agency
25 or a designee as an ex officio member.
26 (c) Terms of service.--Each member of an advisory council
27 appointed from the General Assembly shall serve until the
28 succeeding General Assembly is seated. With the exception of ex
29 officio members, all other members shall serve a term of three
30 years. Appointments will be staggered as much as practicable. A
20070S1204B1672 - 39 -
1 member shall be eligible for reappointment.
2 (d) Officers.--Each advisory council shall organize as soon
3 as possible after the effective date of this section and shall
4 annually elect a president, vice president and secretary.
5 (e) Meetings and quorums.--Nine members of an advisory
6 council shall constitute a quorum for the purpose of conducting
7 the business of the advisory council. Each advisory council
8 shall meet at least quarterly and at other times at the call of
9 the president.
10 (f) Removal for cause.--Each member may be removed for cause
11 by the member's respective appointing authority.
12 (g) Compensation and reimbursement.--Members of each
13 advisory council shall receive no compensation for their
14 services but shall receive reimbursement from the department for
15 their necessary and proper expenses for attendance at meetings.
16 (h) Powers and duties.--
17 (1) Each advisory council shall advise the director of
18 State veterans homes as to the management, operations and
19 adequacy of facilities and services at their respective
20 veterans homes.
21 (2) Each advisory council shall nominate inductees for
22 their respective veterans home hall of fame in accordance
23 with that program's guidance.
24 (3) Each advisory council shall advise at least annually
25 the secretary as to the management, operations and adequacy
26 of facilities and services at their respective veterans
27 homes. The advice will be documented in the format specified
28 by the secretary. A copy of this report will be forwarded to
29 the commission.
30 § 1818. Prohibitions.
20070S1204B1672 - 40 -
1 Neither the department nor a veterans service officer may do
2 any of the following:
3 (1) Charge a fee or permit the payment of a fee by an
4 applicant to a third person for services the veterans service
5 officer renders under this chapter.
6 (2) Seek to influence the execution of a power of
7 attorney to itself or to one national service organization
8 over that of another.
9 (3) Refuse to aid a veteran or a service member on
10 active duty or their dependents, surviving dependents or
11 beneficiaries in services rendered under this chapter.
12 § 1819. Confidentiality of records.
13 No records on individuals shall be disclosed or used for any
14 purpose, except for official purposes, and no records shall be
15 disclosed, destroyed or used in any manner which is in violation
16 of any existing Federal law. Nothing in this chapter shall be
17 construed to convert records which are the property of the
18 Federal government into Commonwealth property.
19 § 1820. Technology services.
20 (a) Veterans Internet website.--
21 (1) The department shall work with the Deputy Secretary
22 for Information Technology in the Governor's Office of
23 Administration and with other State agencies as necessary to
24 establish and maintain on the State's Internet website a link
25 to the veterans Internet website. The Internet website shall
26 allow veterans to access information on Federal and State
27 veterans benefits programs.
28 (2) Any State agency that participates in the veterans
29 Internet website is encouraged to allow a veteran to
30 electronically file for Commonwealth veterans benefits,
20070S1204B1672 - 41 -
1 including the electronic signing of the filing by the veteran
2 and an electronic acknowledgment of the filing.
3 (3) The veterans Internet website may allow a veteran to
4 electronically file for selected Federal veterans benefits as
5 specified by the department, when deemed prudent.
6 (4) The veterans Internet website shall also include a
7 detailed organizational chart for the department, the annual
8 written performance and accountability report, the survey
9 report, the strategic plan, the benefits handbook and the
10 newsletter as described in this section and section 1821
11 (relating to reports).
12 (b) Toll-free telephone number.--The department shall
13 establish, operate and maintain a toll-free telephone number for
14 the purpose of providing callers with information relating to
15 services provided by the department as well as services and
16 programs provided to veterans by other agencies, bureaus and
17 organizations.
18 (c) Forms.--All forms of the department that are
19 disseminated to the public shall contain all of the following:
20 (1) The veterans Internet website address.
21 (2) The department's toll-free telephone number.
22 (d) Benefits booklets.--
23 (1) In every even-numbered year, the department shall
24 create an electronic version of a State veterans benefits
25 booklet and provide a printed copy and an electronic version
26 of the booklet to all of the following:
27 (i) Each State, county and city veterans service
28 officer for distribution in accordance with paragraph
29 (2).
30 (ii) The personnel office of each Federal or State
20070S1204B1672 - 42 -
1 military installation in this Commonwealth.
2 (iii) Each member of the General Assembly.
3 (iv) Each veterans service organization chartered in
4 this Commonwealth.
5 (2) Each State, county and city veterans service officer
6 is encouraged to distribute a copy of the booklet to any
7 person who claims or will claim Pennsylvania as a residence
8 after discharge from the armed forces of the United States.
9 Each State, county and city veterans service officer shall
10 make a copy of the booklet available at the State, county or
11 city veterans service office.
12 (3) The department shall update the booklet as
13 necessary.
14 (4) The department shall provide an electronic version
15 of the booklet on the veterans Internet website.
16 (e) Electronic access.--The department, with the assistance
17 of the Deputy Secretary for Information Technology in the
18 Governor's Office of Administration, shall develop and implement
19 a program that uses appropriate computer hardware and software
20 to facilitate:
21 (1) electronic delivery of a veterans newsletter and the
22 benefits booklet in subsection (d); and
23 (2) electronic initiation and tracking of veterans
24 benefits claims by State, county and city veterans service
25 officers.
26 § 1821. Reports.
27 (a) Performance and accountability report.--The department
28 shall, no later than December 31 of each year, make an annual
29 written performance and accountability report for the prior
30 fiscal year, to the Governor, the commission, the President pro
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1 tempore of the Senate and the Speaker of the House of
2 Representatives. The report shall include:
3 (1) A comparison of State performance against other
4 states and each county in the receipt and use of Federal
5 veterans entitlements.
6 (2) The expenses incurred in veterans service work in
7 this Commonwealth.
8 (3) The number, nature and kind of cases handled by the
9 department and by county and city veterans service officers.
10 (4) The amounts of increased benefits obtained for
11 veterans.
12 (5) An evaluation of the Bureau of Veterans Benefits
13 Assistance performance in relation to the department's
14 performance management measurement standards established for
15 it.
16 (6) The names of all certified veterans service
17 officers, including county and city veterans service
18 officers.
19 (7) An accounting of State home utilization, waiting
20 periods and costs, together with an evaluation of the Bureau
21 of State Veterans Homes' performance in relation to the
22 department's performance management measurement standards
23 established for it.
24 (8) A list of Federal and State laws, rules and
25 regulations, with synopsis, promulgated during the
26 legislative year.
27 (9) A detailed accounting of all money received and
28 disbursed in the prior fiscal year.
29 (10) The actions taken by the department in implementing
30 State programs and services.
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1 (11) An evaluation of the performance of any other unit
2 of the department not provided for in this subsection in
3 relation to established performance management measurement
4 standards.
5 (b) Survey report.--The department shall conduct an ongoing
6 study on the problems and needs of those residents of this
7 Commonwealth who are veterans of the armed forces of the United
8 States and the problems and needs of their dependents, surviving
9 dependents and beneficiaries. The report shall be submitted
10 biennially to the same parties listed in the performance and
11 accountability report. The report shall include:
12 (1) A survey of existing Federal and State programs
13 available for such persons that specifies the extent to which
14 such programs presently are being implemented, with
15 recommendations for the improved implementation, extension or
16 improvement of such programs.
17 (2) A survey of the needs of such persons in the areas
18 of social services, health care, education and employment and
19 any other areas of determined need, with recommendations
20 regarding Federal, State and community services that would
21 meet those needs.
22 (3) A survey of Federal, State, public and private
23 moneys available that could be used to defray the costs of
24 State or community services needed for such persons.
25 (c) Strategic plan.--The department shall prepare and submit
26 biennially by July 1st of even-numbered years a five-year plan.
27 The plan shall be submitted to the same parties listed in
28 subsection (a). The plan shall include the performance
29 management measures and standards to be used in the performance
30 and accountability report.
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1 § 1822. Cost reduction measures and acceptance of gifts.
2 The department, with the approval of the Governor, may apply
3 for and accept funds, grants, gifts and services from the
4 Commonwealth, the United States Government or any of its
5 agencies, or any other public or private source and may use
6 funds derived from these sources to defray clerical and
7 administrative costs as may be necessary for carrying out its
8 duties. Any funds received under this section shall be subject
9 to accountability and audit.
10 § 1823. Interagency agreements.
11 The secretary shall adopt a joint memorandum of understanding
12 with the following governmental entities to coordinate the
13 provision of services to veterans and their dependents,
14 surviving dependents and beneficiaries:
15 (1) The Department of Labor and Industry.
16 (2) The Department of Education.
17 (3) The Office of Administration.
18 (4) The Department of Aging.
19 (5) The Department of Public Welfare.
20 (6) Any other agency of the Commonwealth that
21 administers a program applicable only to veterans or their
22 dependents or routinely works with veterans.
23 § 1824. Conflict of interest.
24 Notwithstanding any other provision of law, a person required
25 to register as a lobbyist because of activities on behalf of a
26 veterans organization or association may not serve as a member
27 of or as general counsel to the department, the commission or
28 any of the State veterans homes advisory councils.
29 § 1825. Information of public interest and public complaints.
30 The department shall prepare information of public interest
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1 describing the functions of the department and the procedures
2 for filing and for resolution of public complaints by the
3 department. The department shall make the information available
4 to the general public and appropriate State agencies.
5 § 1826. Liberal construction.
6 The rule of strict construction shall have no application to
7 this chapter and it shall be liberally construed in order to
8 carry out the objective for which it is designed, in accordance
9 with the legislative intent to give the secretary the maximum
10 possible freedom in carrying the provisions of this chapter into
11 effect.
12 § 1827. Conflict between statutes and within statute.
13 Unless explicitly expressed otherwise, when a conflict arises
14 with other statutes or with other provisions within this title,
15 this chapter shall have precedence and shall govern.
16 § 1828. Severability.
17 The provisions of this act are severable. If any provision of
18 this act or its application to any person or circumstance is
19 held invalid, the invalidity shall not affect other provisions
20 or applications of this act which can be given effect without
21 the invalid provision or application.
22 CHAPTER 20
23 VETERANS HOME HALL OF FAME
24 Sec.
25 2001. Definitions.
26 2002. State veterans home hall of fame.
27 2003. Selection of inductees.
28 2004. Oversight.
29 2005. Documentation.
30 2006. Centralized list.
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1 § 2001. Definitions.
2 The following words and phrases when used in this chapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Commission." The State Veterans Commission established
6 under Chapter 18 (relating to Department of Veterans Affairs).
7 "Department." The Department of Veterans Affairs of the
8 Commonwealth established under Chapter 18 (relating to
9 Department of Veterans Affairs).
10 § 2002. State veterans home hall of fame.
11 Each State veterans home operated by the Commonwealth shall
12 establish and dedicate a hall of fame to recognize and honor the
13 military achievements of outstanding veterans who have completed
14 honorable, active duty military service and who reside or
15 resided in the geographic region served by the veterans home.
16 The area or space in the veterans home dedicated to the hall of
17 fame may be used for other purposes.
18 § 2003. Selection of inductees.
19 The advisory council for each veterans home shall, consistent
20 with the guidelines established by the department in section
21 2004 (relating to oversight), nominate eligible veterans for
22 induction into the hall of fame by the commission and perform
23 other duties relating to the hall of fame as approved by the
24 department. A Medal of Honor recipient shall be automatically
25 inducted into the hall of fame.
26 § 2004. Oversight.
27 The department shall develop guidelines for the halls of
28 fame. The guidelines shall include all of the following:
29 (1) Eligibility criteria for qualified candidates.
30 (2) Procedures for nomination of candidates and
20070S1204B1672 - 48 -
1 selection of inductees.
2 (3) Ceremonies to officially honor the inductees.
3 (4) Manner of recognizing or presenting the inductees in
4 the halls of fame.
5 (5) Maintenance of the halls of fame.
6 (6) Duties of the advisory councils of the veterans
7 homes relating to the halls of fame.
8 § 2005. Documentation.
9 Each eligible veteran or his or her representative shall be
10 responsible for obtaining the documentation necessary to
11 establish his or her eligibility from the National Archives in
12 Washington, DC, or the National Personnel Record Center in St.
13 Louis, Missouri.
14 § 2006. Centralized list.
15 The department shall keep a centralized list of all hall of
16 fame inductees from all regional veterans homes.
17 Section 5. Sections 3201, 3210, 7101, 7701, 7702, 8501,
18 8504(b), 8505, 8701, 8702(a) and (b), 8703(b) and (c), 8901,
19 8902, 8903, 8904, 8905, 9102(a) and (b) and 9301 of Title 51 are
20 amended to read:
21 § 3201. Definitions.
22 The following words and phrases when used in this chapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Agency." The Pennsylvania Higher Education Assistance
26 Agency.
27 "Approved institution of higher learning." An educational
28 institution offering a post-secondary program of education
29 located in this Commonwealth and approved by the Pennsylvania
30 Higher Education Assistance Agency.
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1 "Approved program of education." A degree- or certificate-
2 granting curriculum or course of study to be pursued on a full-
3 time or part-time basis or its equivalent as determined by the
4 Pennsylvania Higher Education Assistance Agency, at an approved
5 institution of higher learning.
6 "Combat zone." An area designated by Presidential executive
7 order as a combat zone as described in section 7508 of the
8 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
9 7508).
10 "Department." The Department of Military [and Veterans]
11 Affairs of the Commonwealth.
12 "Eligible member." A member of the Pennsylvania National
13 Guard who meets the criteria specified in section 3202 (relating
14 to eligibility) and who has been awarded a certificate of
15 eligibility under section 3203 (relating to certification of
16 eligibility).
17 "Full-time student." A student enrolled in an approved
18 institution of higher learning pursuing an approved program of
19 education equal to or greater than 15 credit hours or its
20 equivalent recognized by the Pennsylvania Higher Education
21 Assistance Agency as a full-time course of study.
22 "Fund." The Educational Assistance Program Fund.
23 "Part-time student." A student enrolled in an approved
24 institution of higher education pursuing an approved program of
25 education of less than 15 credit hours or its equivalent
26 recognized by the Pennsylvania Higher Education Assistance
27 Agency as a part-time course of study.
28 "Program." The Educational Assistance Program established in
29 this chapter.
30 "Qualified resident." An individual who has been a bona fide
20070S1204B1672 - 50 -
1 resident of this Commonwealth prior to the time an application
2 for a grant is made. The Pennsylvania Higher Education
3 Assistance Agency shall make the final decision on whether an
4 applicant is a qualified resident.
5 § 3210. Educational Assistance Program Fund.
6 All moneys appropriated for the purposes of this chapter and
7 all investment income earned on those moneys shall be deposited
8 in the Educational Assistance Program Fund, which is hereby
9 established as a special nonlapsing fund in the State Treasury.
10 All moneys placed in the fund and the investment income it
11 accrues are hereby appropriated on a continuing basis to the
12 Department of Military [and Veterans] Affairs and shall be used
13 solely for the purposes of the program.
14 § 7101. Soldier defined.
15 As used in this chapter, "soldier" means a person who served
16 or hereafter serves in the armed forces of the United States, or
17 in any women's organization officially connected therewith,
18 during any war or armed conflict in which the United States
19 engaged and who was released from active duty under honorable
20 conditions, other than from periods of active duty for training,
21 or with an honorable discharge from such service, or a person
22 who so served or hereafter serves in the armed forces of the
23 United States, or in any women's organization officially
24 connected therewith, since July 27, 1953, including service in
25 Vietnam, and who has an honorable discharge from such service.
26 Qualifying periods of service during a war or armed conflict,
27 for purposes of this provision, will be designated by the
28 Department of Military [and Veterans] Affairs.
29 § 7701. Blind veteran's pension.
30 (a) Definition.--As used in this section the term "blind
20070S1204B1672 - 51 -
1 veteran" shall mean any person who served in the military or
2 naval forces of the United States, or any woman's organization
3 officially connected therewith, at any time, and who gave the
4 Commonwealth of Pennsylvania, as his or her place of residence
5 at the time of entering the military or naval forces of the
6 United States, and who while performing duties connected with
7 such service suffered an injury or incurred a disease which
8 resulted in blindness to the extent that he or she has 3/60 or
9 10/200 or less normal vision. The term "blind veteran" shall not
10 include any person separated from the military or naval forces
11 of the United States, or any woman's organization officially
12 connected therewith, under other than honorable conditions.
13 (b) Amount and eligibility.--In addition to any other
14 assistance provided by the Commonwealth and in addition to any
15 compensation provided by the Federal Government, every blind
16 veteran shall be paid a pension of $150 per month. Applications
17 for such pensions shall be made to and in the form prescribed by
18 the [department] Department of Veterans Affairs. The [Adjutant
19 General] Department of Veterans Affairs shall have the power,
20 and it shall be [his] the duty of the Department of Veterans
21 Affairs to determine the eligibility of every applicant for a
22 pension, and [his decision] the decision of the Department of
23 Veterans Affairs in the matter shall be final.
24 § 7702. Paralyzed veteran's pension.
25 (a) Amount and eligibility.--In addition to any other
26 assistance provided by the Commonwealth and in addition to any
27 compensation provided by the Federal Government, every paralyzed
28 veteran shall be paid a pension of $150 per month. Applications
29 for the pensions shall be made to and in the form prescribed by
30 the [department] Department of Veterans Affairs. The [Adjutant
20070S1204B1672 - 52 -
1 General] Department of Veterans Affairs shall determine the
2 eligibility of every applicant for a pension, and [his decision]
3 the decision of the Department of Veterans Affairs in the matter
4 shall be final.
5 (b) Regulations.--The [Adjutant General] Department of
6 Veterans Affairs shall promulgate such regulations as may be
7 necessary to implement this program.
8 (c) Definition.--As used in this section the term "paralyzed
9 veteran" means any person who served in the military or naval
10 forces of the United States, or any woman's organization
11 officially connected therewith, and who gave this Commonwealth
12 as his or her place of residence at the time of entering the
13 military or naval forces of the United States and who, while
14 performing duties connected with such service, suffered an
15 injury or incurred a disease which resulted in the loss or loss
16 of use of two or more extremities. The term does not include any
17 person separated from the military or naval forces of the United
18 States, or any woman's organization officially connected
19 therewith, under other than honorable conditions.
20 § 8501. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 ["Commission." The State Veterans' Commission established
25 under section 1702 (relating to State Veterans' Commission).]
26 "Department." The Department of Veterans Affairs of the
27 Commonwealth established under section 1802 (relating to
28 establishment).
29 "Eligible veteran." A former member of the military or naval
30 service of the United States, or women's organization officially
20070S1204B1672 - 53 -
1 connected therewith, who:
2 (1) served during a period of war or armed conflict and
3 was honorably discharged from the armed forces;
4 (2) died in service or was killed in action during a
5 period of war or armed conflict; or
6 (3) as a result of peacetime hostile fire or terrorist
7 attack as determined by the department, was killed or
8 suffered a service-connected disability as certified by the
9 United States Veterans' Administration and, if surviving, was
10 honorably discharged from the armed forces.
11 "Emergency." A sudden or unexpected loss of income due to
12 sickness, disability, unemployment or other cause beyond the
13 control of the applicant for emergency assistance.
14 "Surviving dependents." The following are considered
15 surviving dependents of a deceased eligible veteran:
16 (1) The unmarried surviving spouse of the deceased
17 eligible veteran.
18 (2) If there is no unmarried spouse of a deceased
19 eligible veteran, the unmarried minor children, children who,
20 before attaining the age of 18, became permanently incapable
21 of self-support, and children who are less than 23 years of
22 age and are pursuing a full-time course of instruction at an
23 approved educational institution, provided they were, on the
24 death of the eligible veteran, dependent on the eligible
25 veteran for more than 50% of the cost of their support.
26 (3) If the eligible veteran is not survived by a spouse
27 or dependent children, the surviving parents of the eligible
28 veteran, provided that, on the date of the eligible veteran's
29 death, they were dependent on the veteran for more than 50%
30 of the cost of their support.
20070S1204B1672 - 54 -
1 § 8504. Amounts of assistance.
2 * * *
3 (b) Standards.--Subject to the limitation set forth in
4 subsection (a), [the State Veterans' Commission shall recommend]
5 the department shall establish uniform and equitable standards
6 for the amounts of veterans' emergency assistance.
7 * * *
8 § 8505. Appeals.
9 Any person aggrieved by a decision denying payment of
10 veterans' emergency assistance may appeal to the [Adjutant
11 General] department under the provisions of Title 2 (relating to
12 administrative law and procedure).
13 § 8701. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 ["Commission." The State Veterans' Commission established
18 under section 1702 (relating to State Veterans' Commission).]
19 "Department." The Department of Veterans Affairs of the
20 Commonwealth established under section 1802 (relating to
21 establishment).
22 "Educational institution." Any college or university of the
23 State System of Higher Education, a State-aided educational or
24 training institution of a secondary or college grade or other
25 institution of higher education, a business school, a trade
26 school, a hospital school providing training for nurses, an
27 institution providing courses in beauty culture, art, radio or
28 undertaking or embalming, or such other educational training
29 within this Commonwealth approved by the commission.
30 "Eligible disabled or deceased veteran." A person who served
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1 in the military or naval forces of the United States, or a
2 women's organization officially connected therewith, who:
3 (1) was killed in action or died as a result of wounds
4 incurred during a period of war or armed conflict or as a
5 result of hostile fire or terrorist attack during peacetime
6 (as determined by the Department of Military Affairs);
7 (2) died in service during a period of war or armed
8 conflict;
9 (3) was honorably discharged from the military or naval
10 forces of the United States and certified by the United
11 States Veterans' Administration as a 100% disabled veteran as
12 a result of service during a period of war or armed conflict
13 or as a result of hostile fire or terrorist attack (as
14 determined by the Department of Military Affairs) during
15 peacetime; or
16 (4) was honorably discharged from the military or naval
17 forces of the United States and died as a result of a
18 service-connected disability (as certified by the United
19 States Veterans' Administration) incurred during a period of
20 war or armed conflict or as a result of peacetime hostile
21 fire or terrorist attack (as determined by the Department of
22 Military Affairs).
23 "Qualified child." Any child meeting the requirements of
24 section 8703 (relating to eligibility and qualification
25 requirements).
26 § 8702. Educational gratuity payments.
27 (a) General rule.--The [commission] department shall make
28 educational gratuity payments not exceeding $500 per term or
29 semester per qualified child to each approved educational
30 institution upon submission by that approved educational
20070S1204B1672 - 56 -
1 institution of proof that bills have been incurred or contracted
2 covering matriculation fees and other necessary fees, tuition,
3 board, room rent, books and supplies for a qualified child in a
4 definite amount for the school year.
5 (b) Records.--The [commission] department shall attach the
6 proof submitted under subsection (a) to the requisition prepared
7 for payment out of appropriations made by the General Assembly
8 for purposes of the educational gratuity payments.
9 * * *
10 § 8703. Eligibility and qualification requirements.
11 * * *
12 (b) Qualification determination.--The [commission]
13 department shall determine qualified applicants based on the
14 following requirements:
15 (1) The applicant meets the requirements of subsection
16 (a).
17 (2) The applicant is attending an approved educational
18 institution.
19 (3) The applicant demonstrates a financial need for the
20 educational gratuity.
21 (c) Appeal.--Any aggrieved applicant may appeal the decision
22 of the [commission to the Adjutant General] department under the
23 provisions of Title 2 (relating to administrative law and
24 procedure).
25 § 8901. Definitions.
26 The following words and phrases when used in this chapter
27 shall have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Blind." Visual acuity of three-sixtieths or ten two-
30 hundredths, or less normal vision.
20070S1204B1672 - 57 -
1 ["Commission." The State Veterans' Commission established
2 under section 1702 (relating to State Veterans' Commission).]
3 "Department." The Department of Veterans Affairs of the
4 Commonwealth established under section 1802 (relating to
5 establishment).
6 "Paraplegic." The bilateral paralysis of the upper or lower
7 extremities of the body.
8 § 8902. Exemption.
9 (a) General rule.--Any resident of this Commonwealth shall
10 be exempt from the payment of all real estate taxes levied upon
11 any building, including the land upon which it stands, occupied
12 by that person as a principal dwelling, if all of the following
13 requirements are met:
14 (1) That person has been honorably discharged or
15 released under honorable circumstances from the armed forces
16 of the United States for service in any war or armed conflict
17 in which this nation was engaged.
18 (2) As a result of such military service, that person is
19 blind or paraplegic or has sustained the loss of two or more
20 limbs, or has a service-connected disability declared by the
21 United States Veterans' Administration or its successors to
22 be a total or 100% permanent disability.
23 (3) The dwelling is owned by that person solely, with
24 his or her spouse or as an estate by the entireties.
25 (4) The need for the exemption from the payment of real
26 estate taxes has been determined by the [State Veterans'
27 Commission] department in compliance with the requirements of
28 this chapter.
29 (b) Extension of exemption.--The exemption provided in
30 subsection (a) shall be extended to the unmarried surviving
20070S1204B1672 - 58 -
1 spouse upon the death of the eligible veteran provided that the
2 [State Veterans' Commission] department determines that such
3 spouse is in need of an exemption.
4 [§ 8903. Duty of board.
5 When the conditions specified in section 8902 (relating to
6 exemption) are determined to exist by the board for the
7 assessment and revision of taxes, or by a similar board for the
8 assessment of taxes, and upon the receipt by that board of a
9 certification of need for the tax exemption from the commission,
10 the board shall grant the tax exemption prescribed by section
11 8902. Notification of the granting of the tax exemption by the
12 board shall be forwarded to the person who has received the
13 exemption from the payment of real estate taxes and to the tax-
14 levying bodies and tax collectors of all political subdivisions
15 imposing taxes upon the dwelling of the person granted the
16 exemption from payment of real estate taxes.]
17 § 8904. Duty of [commission] department.
18 The [commission] department shall:
19 (1) Fix uniform and equitable standards for determining
20 the need for exemption from the payment of real estate taxes
21 granted by this act. In fixing such uniform and equitable
22 standards, the commission shall apply a rebuttable
23 presumption that an applicant with annual income of $75,000
24 or less has a need for the exemption. Beginning on January 1,
25 2009, and every two years thereafter, the commission shall
26 adjust the annual income level qualifying for the rebuttable
27 presumption of need by an amount equal to the change in the
28 Consumer Price Index in the preceding two years. The
29 commission shall publish the adjusted annual income level
30 qualifying for the rebuttable presumption of need as a notice
20070S1204B1672 - 59 -
1 in the Pennsylvania Bulletin.
2 (2) After submission of proof of need by the applicant
3 for the exemption from payment of real estate taxes,
4 determine the need of the applicant.
5 (3) Review at least once every five years all
6 determinations of need for exemptions from the payment of
7 real estate taxes which have been granted in order to
8 determine any changes in the economic status of applicants
9 bearing upon the question of need.
10 (4) Certify the name and address and the need for
11 exemption from payment of real estate taxes, or termination
12 of such need, to the board for the assessment and revision of
13 taxes, or similar board for the assessment of taxes, having
14 jurisdiction of the assessment of the real property owned
15 solely or as an estate by the entirety and occupied as a
16 residence by the person seeking the tax exemption granted by
17 this chapter.
18 § 8905. Appeals.
19 Any applicant aggrieved by a determination of the
20 [commission] department may appeal that determination [to the
21 Adjutant General] under the provisions of Title 2 (relating to
22 administrative law and procedure).
23 § 9102. Affidavits and acknowledgments by designated officers.
24 (a) Designation of certain officers authorized.--Each local
25 organization of The American Red Cross, The American Legion,
26 Veterans of World War I of the U.S.A., Inc., Veterans of Foreign
27 Wars of the United States, Disabled American Veterans, United
28 Spanish War Veterans, Regular Veterans Association, Director of
29 Veterans Affairs, Jewish War Veterans of the United States, the
30 Military Order of the Purple Heart, the Italian American War
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1 Veterans of the United States, Incorporated, and such other
2 similar organizations now or hereafter accredited or recognized
3 by the United States [Veterans Administration] Department of
4 Veterans Affairs, which supplies such aid and assistance to
5 veterans or their dependents, and which gratuitously prepares
6 forms for veterans and their dependents in connection with their
7 affairs as such before the United States, any agency thereof, or
8 the Commonwealth, any agency or political subdivision thereof,
9 is hereby authorized to designate one of its officers to take
10 affidavits or acknowledgments to such forms, as may be required
11 by rule, regulation or otherwise by the United States, any
12 agency thereof, or the Commonwealth, any agency or political
13 subdivision thereof, in the administration of the affairs of
14 veterans and their dependents. For the same purposes the
15 Adjutant General is authorized to designate one or more persons
16 from the Department of Military Affairs, the Secretary of
17 Veterans Affairs is authorized to designate one or more persons
18 from the Department of Veterans Affairs, and the State Director
19 of Selective Service is authorized to designate one or more
20 persons from the Pennsylvania Selective Service System.
21 (b) Appointment, certification and authority.--When any such
22 officer or person is so designated, his name, address and
23 official position shall be furnished to the Secretary of the
24 Commonwealth, in writing, signed by such designated officer or
25 person, accompanied by a certificate of his designation by the
26 proper authority of such organization, or of the Adjutant
27 General, the Secretary of Veterans Affairs or the State Director
28 of Selective Service, as the case may be. Upon receipt of such
29 writing and certificate in form as herein provided the Secretary
30 of the Commonwealth, with the approval of the Governor, shall
20070S1204B1672 - 61 -
1 issue under his hand and seal of his office a certificate of
2 appointment to such designated officer or person which shall
3 authorize him to take affidavits or acknowledgments of veterans
4 and their dependents in connection with their affairs as such
5 before the United States, any agency thereof, or the
6 Commonwealth, any agency or political subdivision thereof. Such
7 authorized officer or person shall exercise the authority
8 conferred under the provisions of this section at the pleasure
9 of the Governor. Each certificate issued as aforesaid by the
10 Secretary of the Commonwealth shall be numbered in the order of
11 date issued, and the Secretary of the Commonwealth is hereby
12 authorized to certify such appointment whenever required.
13 * * *
14 [§ 9301. Reports of annual conventions.
15 (a) Printing and distribution by Commonwealth.--Whenever the
16 department commanders of the Grand Army of the Republic, the
17 United Spanish War Veterans, the Veterans of Foreign Wars of the
18 United States, the American Legion, the Disabled American
19 Veterans of the World War, the Veterans of World War I of the
20 U.S.A., Inc., the American Veterans of World War II (AMVETS),
21 Military Order of the Purple Heart, Jewish War Veterans,
22 Catholic War Veterans, Inc., The Society of the 28th Division,
23 A.E.F., the Marine Corps League and the Italian American War
24 Veterans of the United States, Incorporated, shall report to the
25 Department of Property and Supplies the proceedings of the
26 annual encampment or conventions of their respective
27 departments, with such general and special orders and circulars
28 and other data which may form a part of said proceedings, then
29 the said proceedings, so reported, shall be considered
30 Commonwealth records, and under the direction of the Department
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1 of Property and Supplies, shall be printed and bound, and a
2 printed and bound copy thereof shall be sent to each post or
3 detachment in this Commonwealth of the organization of whose
4 proceedings the same is a report.
5 (b) Number of copies printed and distributed.--Not more than
6 1500 copies of each of such annual reports shall be printed and
7 bound, and the balance remaining after the distribution provided
8 for in subsection (a) may be requisitioned as follows:
9 (1) State Librarian, 300 copies.
10 (2) Legislative Reference Bureau and Senate Library, ten
11 copies.
12 (3) Executive head of the organization of whose
13 proceedings it is a report, the remaining copies.]
14 Section 6. (a) All personnel, allocations, appropriations,
15 agreements, leases, claims, demands and causes of action of any
16 nature whether or not subject to litigation on the date of this
17 act, equipment, files, records, classified data files, plans,
18 maps, air photographs and all other materials which are used,
19 employed or expended in connection with the duties, powers or
20 functions of the Department of Military and Veterans Affairs
21 relating to veterans' affairs are hereby transferred by this act
22 to the Department of Veterans Affairs with the same force and
23 effect as if the appropriations had been made to and said items
24 had been the property of the Department of Veterans Affairs in
25 the first instance and if said contracts, agreements, leases and
26 obligations had been incurred or entered into by the Department
27 of Veterans Affairs.
28 (b) All personnel transferred to the Department of Veterans
29 Affairs from other State departments and agencies pursuant to
30 this act shall retain any civil service or other employment
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1 status assigned to said personnel in those departments or
2 agencies prior to the effective date of this act.
3 Section 7. This act shall take effect in 60 days.
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