PRIOR PRINTER'S NO. 1309
PRINTER'S NO. 1427
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1013
Session of
2015
INTRODUCED BY HUGHES, VULAKOVICH, TEPLITZ, SCAVELLO, FONTANA,
RAFFERTY, TARTAGLIONE, SABATINA, YUDICHAK, COSTA, WARD,
AUMENT, BROWNE, HAYWOOD AND WILEY, OCTOBER 9, 2015
SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
AS AMENDED, NOVEMBER 18, 2015
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, providing for voluntary veterans'
preference in private employment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 51 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 72
VOLUNTARY VETERANS' PREFERENCE
IN PRIVATE EMPLOYMENT
Sec.
7201. Scope of chapter.
7202. Legislative findings.
7203 7202 . Definitions.
7204 7203 . Veterans' preference private employment policy.
7205 7204 . Eligibility for preference.
7206 7205 . Nonviolation of equal opportunity laws.
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§ 7201. Scope of chapter.
This chapter relates to private employer's veterans'
preference policies.
§ 7202. Legislative findings.
The General Assembly finds and declares as follows:
(1) The Commonwealth has a moral duty and obligation to
provide for and assist its military personnel and veterans,
including new veterans returning from deployment in United
States military operations in places such as Iraq and
Afghanistan.
(2) According to a 2014 annual report by the United
States Bureau of Labor Statistics, this Commonwealth has an
unemployment rate of 4.7% for veterans, while 44.3% of
veterans were employed, which trailed the national average of
47.9%.
(3) While the Commonwealth offers veterans' preference
in public employment, a similar preference does not exist for
private employers.
(4) Twenty states have enacted legislation authorizing a
veterans' preference by private employers. The Commonwealth
should follow this emerging trend.
(5) Many states that have enacted similar legislation
have lower veteran unemployment rates and higher percentages
of employed veterans than this Commonwealth.
(6) The Commonwealth has a duty to help ease the
transition back to society for veterans, and allowing private
businesses to apply a veterans' preference employment policy
would assist more veterans in obtaining employment.
§ 7203 7202 . Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"DD 214." A United States Department of Defense Report of
Separation Form 214 or a similarly effective form issued by the
Department of Defense relating to separation from military
service.
"Private employer." A sole proprietor, corporation,
partnership, limited liability company or any other legal
entity, including nonprofits, with more than one employee.
"SOLDIER." A PERSON WHO SERVED OR HEREAFTER SERVES IN THE
ARMED FORCES OF THE UNITED STATES, OR IN ANY WOMEN'S
ORGANIZATION OFFICIALLY CONNECTED THEREWITH, DURING ANY WAR OR
ARMED CONFLICT IN WHICH THE UNITED STATES ENGAGED AND WHO WAS
RELEASED FROM ACTIVE DUTY UNDER HONORABLE CONDITIONS, OTHER THAN
FROM PERIODS OF ACTIVE DUTY FOR TRAINING, OR WITH AN HONORABLE
DISCHARGE FROM SUCH SERVICE, OR A PERSON WHO SO SERVED OR
HEREAFTER SERVES IN THE ARMED FORCES OF THE UNITED STATES, OR IN
ANY WOMEN'S ORGANIZATION OFFICIALLY CONNECTED THEREWITH, SINCE
JULY 27, 1953, INCLUDING SERVICE IN VIETNAM, AND WHO HAS AN
HONORABLE DISCHARGE FROM SUCH SERVICE. QUALIFYING PERIODS OF
SERVICE DURING A WAR OR ARMED CONFLICT, FOR PURPOSES OF THIS
DEFINITION, WILL BE DESIGNATED BY THE DEPARTMENT OF MILITARY AND
VETERANS AFFAIRS.
"Spouse of a disabled veteran." The spouse of a veteran who
has been classified by the United States Department of Veterans
Affairs' Veterans Benefits Administration as having a permanent
total disability and is a United States citizen.
"Surviving spouse." A spouse of a deceased veteran who is
married to the veteran prior to or on the effective date of this
section and who is a United States citizen SOLDIER .
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"Veteran." An individual who served in any of the following
and was released under honorable conditions:
(1) the United States Armed Forces;
(2) any women's organization officially connected with
the United States Armed Forces; or
(3) the Pennsylvania National Guard. AN INDIVIDUAL WHO
HAS SERVED IN THE ARMED FORCES OF THE UNITED STATES,
INCLUDING A RESERVE COMPONENT AND NATIONAL GUARD, AND WHO HAS
BEEN DISCHARGED OR RELEASED FROM THE SERVICE UNDER CONDITIONS
OTHER THAN DISHONORABLE.
"Veterans' preference employment policy." A voluntary policy
adopted by a private employer for hiring, promoting or retaining
a veteran, a spouse of a disabled veteran or a surviving spouse
over another qualified applicant or employee.
§ 7204 7203 . Veterans' preference private employment policy.
(a) Authority.--A private employer may adopt and apply a
veterans' employment policy.
(b) Policy.--A veterans' preference employment policy shall:
(1) be in writing;
(2) require the inclusion of a statement in any job
posting that indicates that the employer has and applies a
veterans' preference employment policy;
(3) be provided to the applicant at time of hiring and
provided to all employees on an annual basis; and
(4) be applied uniformly to employment decisions
regarding:
(i) the hiring of new applicants;
(ii) the promotion of current employees; and
(iii) the retention of employees during a reduction
in the workforce.
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§ 7205 7204 . Eligibility for preference.
A veteran, spouse of a disabled veteran or surviving spouse
shall submit the DD 214 of the veteran to a private employer
with a veterans' preference employment policy for consideration
by the employer.
§ 7206 7205 . Nonviolation of equal opportunity laws.
A voluntary veterans' preference employment policy adopted
and applied in accordance with this chapter shall not be
considered a violation of any State or local equal employment
opportunity law.
Section 2. This act shall take effect in 60 days.
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