THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FAIRCHILD, ADOLPH, ARGALL, BARRAR, BEAR, BEYER, BOYD, BRENNAN, BROWN, CAUSER, COHEN, CONKLIN, CREIGHTON, DENLINGER, EVERETT, FLECK, GEIST, GEORGE, GIBBONS, GINGRICH, GOODMAN, GRUCELA, HARKINS, HARPER, HARRIS, HESS, HUTCHINSON, KORTZ, MARSICO, McGEEHAN, McILVAINE SMITH, MICCARELLI, MICOZZIE, MILLER, M. O'BRIEN, O'NEILL, PHILLIPS, PYLE, RAPP, READSHAW, ROHRER, SIPTROTH, K. SMITH, SOLOBAY, STERN, STEVENSON, THOMAS, VULAKOVICH, WALKO, WATSON AND WHITE, FEBRUARY 4, 2009

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 4, 2009  

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," providing for the Office of

Veteran Advocate; assigning duties to the Office of Attorney

General; and authorizing an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding an

article to read:

ARTICLE IX-C

OFFICE OF VETERAN ADVOCATE

Section 901-C.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The State Civil Service Commission.

"Local government entity."  Any municipal unit of government

of the Commonwealth.

"Veteran."  A person who is currently serving or who has

served and been honorably discharged from a branch of the

military, whether under the jurisdiction of the Federal or State

Government.

Section 902-C.  Office of Veteran Advocate.

(a)  Establishment.--The Office of Veteran Advocate is

established in the Office of Attorney General to represent the

interest of veterans before the commission and to review and

intervene in cases involving, but not limited to, any of the

provisions of the following:

(1)  51 Pa.C.S. (relating to military affairs).

(2)  Section 303(a) of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971.

(b)  Qualifications.--The Veteran Advocate shall be an

individual who is a veteran and who, by training, experience and

attainment, is qualified to represent the interest of veterans.

Compensation shall be set by the Executive Board.

(c)  Other activities prohibited.--No individual who serves

as Veteran Advocate shall, while serving in such position,

engage in any business, vocation, other employment or have other

interests inconsistent with the official responsibilities under

this article, nor shall the Veteran Advocate seek or accept

employment nor render beneficial services for compensation with

any other entity.

(d)  Limitation.--Any individual who is appointed to the

position of Veteran Advocate shall not seek election nor accept

appointment to any political office during the tenure as Veteran

Advocate and for a period of two years after the appointment is

served or terminated.

Section 903-C.  Assistant veteran advocates and other employees.

The Veteran Advocate, with the approval of the Attorney

General, shall appoint attorneys as assistant veteran advocates

and such additional clerical, technical and professional staff

as may be appropriate and may contract for such additional

services as shall be necessary for the performance of the

functions under this article. The compensation of assistant

veteran advocates and such clerical, technical and professional

staff shall be set by the Executive Board. No assistant veteran

advocate or other staff employee shall, while serving in such

position, engage in any business, vocation, other employment or

have other interests inconsistent with the official

responsibilities under this article.

Section 904-C.  Powers and duties.

(a)  General rule.--In addition to any other authority

conferred under this article, the Veteran Advocate is authorized

and it shall be a duty, in carrying out responsibilities under

this article, to represent the interest of veterans as a party,

or otherwise participate for the purpose of representing an

interest of veterans, before the commission in any matter

properly before the commission, and before any court, agency or

local government entity initiating proceedings if, in the

judgment of the Veteran Advocate, such action may be necessary,

in connection with any matter involving regulation by the

commission, whether on appeal or otherwise initiated.

(b)  Monitoring.--The Veteran Advocate may monitor all cases

before corresponding agencies of the United States, including

the United States Veterans Administration, which impact

interests of veterans of this Commonwealth and may formally

participate in those proceedings which warrant such

participation.

(c)  Discretion.--The Veteran Advocate may exercise

discretion in determining the interests of veterans which will

be advocated in any particular proceeding and in determining

whether or not to participate in or initiate any particular

proceeding and, in so determining, shall consider the public

interest, the resources available and the substantiality of the

effect of the proceeding on the interest of veterans. The

Veteran Advocate may refrain from intervening when, in the

judgment of the Veteran Advocate, intervention is not necessary

to represent adequately the interest of veterans.

(d)  Petition.--In addition to any other authority conferred

by this article, the Veteran Advocate is authorized to represent

an interest of veterans which is presented for consideration

upon petition in writing by a substantial number of persons. The

Veteran Advocate shall notify the principal sponsors of any such

petition within a reasonable time after receipt of any such

petition of the action taken or intended to be taken with

respect to the interest of veterans presented in such petition.

If the Veteran Advocate declines or is unable to represent such

interest, the sponsors shall be notified and provided with a

statement of the reasons for declining.

(e)  Action.--Any action brought by the Veteran Advocate

before a court or an agency of this Commonwealth or a local

government entity shall be brought in the name of the Veteran

Advocate. The Veteran Advocate may name a veteran or group of

veterans in whose name the action may be brought or may join

with a veteran or group of veterans in bringing the action.

(f)  Statement.--At such time as the Veteran Advocate

determines, in accordance with applicable time limitations, to

initiate, intervene or otherwise participate in any commission,

agency or court proceeding, the Veteran Advocate shall issue

publicly a written statement, a copy of which shall be filed in

the proceeding in addition to any required entry of appearance,

stating concisely the specific interest of veterans to be

protected.

(g)  Military leave.--The Veteran Advocate shall have the

authority to review military leave issues and veteran preference

issues arising at the State and local government levels.

Section 905-C.  Duties of commission.

In dealing with any proposed action which may substantially

affect the interest of veterans, the commission shall:

(1)  Notify the Veteran Advocate when notice of the

proposed action is given to the public or at a time fixed by

agreement between the Veteran Advocate and the commission in

a manner to assure the Veteran Advocate reasonable notice and

adequate time to determine whether to intervene in such

matter.

(2)  Take such action with due consideration to the

interest of veterans, consistent with its other statutory

responsibilities.

Section 906-C.  Savings provision and construction.

Nothing contained in this article shall in any way limit the

right of any veteran to bring a proceeding before either the

commission or a court.

Section 907-C.  Reports.

The Veteran Advocate shall annually transmit to the Governor,

the Attorney General and the General Assembly and shall make

available to the public an annual report on the conduct of the

Office of Veteran Advocate. The Veteran Advocate shall make

recommendations as may be necessary or desirable to protect the

interest of veterans.

Section 908-C.  Appropriation.

The General Assembly shall appropriate to the Office of

Veteran Advocate the funding necessary to carry out the

provisions of this article.

Section 2.  This act shall take effect July 1, 2009.