AN ACT

 

1Amending Title 51 (Military Affairs) of the Pennsylvania
2Consolidated Statutes, providing for fee waiver certificate.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Title 51 of the Pennsylvania Consolidated
6Statutes is amended by adding a chapter to read:

7CHAPTER 97

8FEE WAVIER CERTIFICATE

9Sec.

109701. Definitions.

119702. Fee waiver certificate.

129703. License.

139704. Offenses.

149705. Reporting.

15§ 9701. Definitions.

16The following words and phrases when used in this chapter
17shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Applicant." A veteran or a surviving spouse.

3"Director." A county director of veterans' affairs in which
4the applicant resides.

5"Legal resident of this Commonwealth." An individual who is
6domiciled and resides within this Commonwealth.

7"License." Any of the following licenses:

8(1) A peddlers license issued under the act of June 14,
91901 (P.L.563, No.270), entitled, "An act to provide for the
10licensing of hawkers and peddlers in the boroughs and
11townships of the Commonwealth, and providing a penalty for
12failure to obtain the same."

13(2) A license issued under 3 Pa.C.S. Ch. 57 (relating to
14food protection).

<-15(3) A peddlers license issued under a local ordinance in
16cities of the first, second, second class A and third
17classes.

18"Licensor." A State or local entity responsible for issuing 
19a license.

20"Secretary." The Secretary of Agriculture of the
21Commonwealth.

22"Surviving spouse." An individual who meets all of the
23following:

24(1) Is the surviving spouse of a veteran.

25(2) Is a legal resident of this Commonwealth.

26"Veteran." An individual who meets all of the following:

27(1) Served in the United States Armed Forces, including
28a reserve component or the National Guard and who has been
29discharged or released from the service under conditions
30other than dishonorable.

1(2) Is a legal resident of this Commonwealth.

2§ 9702. Fee waiver certificate.

3(a) Veteran.--

4(1) A veteran may obtain a fee waiver certificate from a
5director if the veteran does all of the following:

6(i) Provides documentation required by the
7department to the director.

8(ii) The documentation under subparagraph (i) shall
9include the applicant's name and residence at the time of
10application.

11(iii) The documentation under subparagraph (i) shall
12be signed by the veteran in the presence of the director
13or a deputy designated by the director.

14(iv) A copy of the documentation under subparagraph
15(i) shall be attached to the fee waiver certificate
16issued by the director.

17(2) No charge may be imposed for a fee waiver 
18certificate issued under this subsection.

19(b) Surviving spouse.--

20(1) A surviving spouse may obtain a fee waiver 
21certificate from a director if the surviving spouse does all
22of the following:

23(i) Presents to the director an affidavit stating
24that the surviving spouse is the lawful surviving spouse
25of the deceased veteran.

26(ii) Provides documentation required by the
27department to the director establishing that the
28individual is the surviving spouse stated under
29subparagraph (i).

30(iii) Submits a true and correct copy of the

1original certificate of honorable discharge of the
2surviving spouse's deceased spouse.

3(2) No charge may be imposed for a fee waiver
4certificate issued under paragraph (1).

5(3) A fee waiver certificate issued under paragraph (1)
6shall be void if the surviving spouse remarries.

7(c) Photograph.--The documentation for a fee waiver
8certificate must be accompanied by a photograph of the applicant
9taken within 60 days prior to the application and, upon the
10issuance of the fee waiver certificate, shall be attached to the
11fee waiver certificate.

12§ 9703. License.

13(a) Compliance.--An applicant seeking to obtain a license
14shall comply with the State and local process for obtaining the
15license.

16(b) Waiver of fee.--An applicant under subsection (a) may
17provide a copy of the fee waiver certificate to a licensor which
18shall exempt the applicant from paying any fees or costs related
19to the license.

20§ 9704. Offenses.

21(a) Fee waiver certificate.--A person who fraudulently
22obtains or violates the terms of a fee waiver certificate
23commits a misdemeanor of the third degree.

24(b) Unauthorized use.--A person assigning, transferring or
25attempting to assign or transfer a fee waiver certificate or
26using or attempting to use a fee waiver certificate contrary to
27this chapter commits a misdemeanor of the third degree.

28(c) Unauthorized charge.--A person who charges or collects
29or attempts to charge or collect a fee or other compensation for
30the licensing or registration of an applicant with a valid fee

1waiver certificate commits a misdemeanor of the third degree.

2§ 9705. Reporting.

3Each director shall determine on a quarterly basis the total
4number of fee waiver certificates issued under this chapter and
5report the amount to the department. The department shall
6maintain a record of the number of fee waiver certificates
7issued.

8Section 2. This act shall take effect in 60 days.