THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, APRIL 18, 2012  

AN ACT

Amending Titles 51 (Military Affairs) and 53 (Municipalities

Generally) of the Pennsylvania Consolidated Statutes, in

professional and occupational licenses, expanding the scope

of licensure and further providing for definitions and for

retention and certification; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The heading of Title 51 of the Pennsylvania

Consolidated Statutes is amended to read:

CHAPTER 75

[PROFESSIONAL AND OCCUPATIONAL] LICENSES AND CERTIFICATES

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

read:

§ 7501.  [Definition] Definitions.

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

following words and phrases when used in this chapter shall have

the meanings given to them in this section unless the context

clearly indicates otherwise:

"Armed forces."  The United States Armed Forces. The term

includes:

(1)  A reserve component of a branch of the United States

military.

(2)  The National Guard of the United States.

(3)  The Pennsylvania National Guard.

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

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

service of]:

(1)  is serving in the [United States of America or its

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

marine thereof, or of any auxiliary thereof subject to

military discipline]; or

(2)  has been discharged from the armed forces under

conditions other than dishonorable.

§ 7502.  Retention of licenses and certifications of persons

entering military service.

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

certified by [the Department of State, Department of Labor and

Industry, Department of Education, Insurance Department,

Department of Banking or the Municipal Police Officers'

Education and Training Commission or pursuant to the act of

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

Training Act,] a Commonwealth agency to practice any profession

or to work at any trade or occupation, who [heretofore has or

shall thereafter enlist or be inducted or drafted into the

military or naval service of the United States in time of war or

preparation for national defense during a national emergency,]

has been called to active duty for more than 30 days shall not

thereby forfeit his or her current license or registration and

shall be exempt from any continuing educational requirements or

in-service training requirements.

(b)  Renewal of license or certification following

discharge.--[Any such person] A veteran, upon presentation of a

discharge from such service within one year from date thereof,

and upon payment of the fee prescribed by law for the current

renewal period only, shall be entitled to a renewal of his or

her license, certification or registration in the same manner as

though such renewal had been made prior to the expiration of his

or her last preceding renewal, as though all intermediate

renewal fees had been paid and as though all continuing

education or in-service training requirements have been

satisfied.

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

training and service experience shall be taken into

consideration by the entities listed in subsection (a) to

determine whether a licensing or certification requirement can

be exempted. If the veteran is lacking in a requirement, the

veteran shall only be responsible for that requirement.

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

§ 2167.  Police training.

* * *

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

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

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

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

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

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

waiver as required under this subsection shall not be

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

participate in such in-service training as the commission deems

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

75 (relating to [professional and occupational] licenses and

certificates).

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