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

AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 2, 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 Chapter 75 of Title 51 of the

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Pennsylvania Consolidated Statutes is amended to read:

CHAPTER 75

[PROFESSIONAL AND OCCUPATIONAL] LICENSES AND CERTIFICATES

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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

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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.

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

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

active duty for training.

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

Guard of the United States, including the reserve components of

those entities and the Pennsylvania National Guard.

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

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

of the armed forces of 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].

"Service Member."  An individual currently serving on active

duty in the armed forces.

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

armed forces and who has been discharged or released from the

service under conditions other than dishonorable.

§ 7502.  Retention of licenses and certifications of persons

entering military service.

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

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

Labor and Industry, Department of Education, Insurance

Department, Department of Banking or the Municipal Police

Officers' Education and Training Commission or pursuant to the

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

Weapons Training Act,] a Commonwealth agency to practice any

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

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[heretofore has or shall thereafter enlist or be inducted or

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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

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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 

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

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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) all

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Commonwealth agencies 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.

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

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

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

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

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

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

waiver as required under this subsection shall not be

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

participate in such in-service training as the commission deems

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

75 (relating to [professional and occupational] licenses and

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certificates).

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