Regular Session 2021-2022 House Bill 1978 P.N. 2268

PRINTER'S NO. 2268

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1978

Session of

2021

INTRODUCED BY PENNYCUICK, O'NEAL, ROTHMAN, RYAN, MIZGORSKI,

MILLARD, POLINCHOCK, HAMM, GUENST, HILL-EVANS AND

C. WILLIAMS, OCTOBER 18, 2021

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, OCTOBER 18, 2021

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, in State Veterans' Commission and

Deputy Adjutant General for Veterans' Affairs, further

providing for State Veterans' Commission, for general powers

and duties and for specific powers and duties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1702, 1703 and 1704 of Title 51 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 1702. State Veterans' Commission.

(a) Establishment.--There is hereby established within the

department an [advisory] independent commission to be known as

the State Veterans' Commission.

(b) Composition.--The commission shall be composed of:

(1) The Deputy Adjutant General for Veterans' Affairs,

ex officio, or his designee.

[(2) The State commander, commandant or head, or his

designee, of each of the following named veterans'

organizations:

(i) The American Legion.

(ii) AMVETS.

(iii) Blinded Veterans Association.

(iv) Catholic War Veterans of the United States of

America.

(v) Disabled American Veterans.

(vi) Jewish War Veterans of the United States.

(vii) Marine Corps League.

(viii) Military Order of the Purple Heart.

(ix) State Association of County Directors of

Veterans' Affairs.

(x) Veterans of Foreign Wars of the United States.

(xi) (Deleted by amendment).

(xii) Italian-American War Veterans of the United

States, Inc.

(xiii) The Vietnam Veterans of America, Inc.

(xiv) American Ex-Prisoners of War.

(xv) Keystone Paralyzed Veterans Association.

(xvi) Military Officers Association of America.

(xvii) The Korean War Veterans Association, Inc.]

(3) Four members at large appointed by the Governor from

a list provided by the Adjutant General, each of whom shall

be a veteran and a member in good and regular standing of a

Pennsylvania branch, post, lodge or club of a recognized

national veterans' organization active in this Commonwealth.

At least one member shall be a female veteran, and at least

one member shall be a veteran of the Vietnam era. Members at

large shall serve a term of four years and until a successor

has been appointed.]

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(2) Five veterans appointed by the Governor from a list

of candidates provided by the department through the

Pennsylvania War Veterans Council to represent their member

veteran service organizations. Organizations may not have

more than one member appointed to the commission at the same

time.

(2.1) Six veterans appointed by the Governor from a list

of candidates provided by a selection committee to represent

the five geographical regions of this Commonwealth. Each

region must have at least one representative appointed to the

commission. The selection committee shall be composed of:

(i) Three members of the Veterans Affairs and

Emergency Preparedness Committee of the Senate who are

chosen by the President pro tempore, the Majority Leader

and the Minority Leader of the Senate.

(ii) Three members of the Veterans Affairs and

Emergency Preparedness Committee of the House of

Representatives who are chosen by the Speaker, the

Majority Leader and the Minority Leader of the House of

Representatives.

(3) Members as follows:

(i) Five members at large appointed by the Governor

from a list provided by the department through the Office

of Veterans' Affairs who shall be appointed to fill the

following functional areas of expertise:

(A) Veteran mental health.

(B) Veteran education and employment.

(D) Veterans courts and judiciary.

(E) Veteran community medical care.

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(ii) Each member under this paragraph shall

demonstrate expertise in supporting veterans through

their attained education, experience and affiliation in

organizations and services. Each functional area shall

have one representative appointed to the commission.

(4) The State Adjutants of the American Legion, the

Disabled American Veterans (DAV) and the Veterans of Foreign

Wars (VFW) and the Executive Director of AMVETS as nonvoting

members.

(b.1) Veteran population demographics.--The overall

composition of the commission shall meet or exceed the

Commonwealth's veteran population demographics percentage by

gender, race and service period. The United States Veterans'

Affairs National Center for Veterans Analysis and Statistics may

be consulted for information on demographics percentage by

gender, race and service period.

(b.2) Appointment.--The Governor shall appoint each member

to the commission for a staggered and set term of four years or

until a successor has been appointed. The department, in

consultation with the commission, shall establish a standardized

selection process for the entity required to provide a candidate

list to identify, review and recommend commission candidates to

the Governor. A veteran organization, entity or individual may

apply for membership on the commission. Each applicant must be a

veteran who served in the United States Armed Forces, including

a reserve component or National Guard, and was discharged or

released from service under conditions other than dishonorable.

chairman and vice chairman at the first meeting of the

commission after October 1. The Deputy Adjutant General for

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Veterans' Affairs shall serve as the executive secretary to the

commission.

(d) Compensation and expenses.--Members of the commission

shall receive no compensation for their services but shall

receive reimbursement for their necessary and proper expenses

for attendance at meetings.

(e) Meetings and quorum.--The commission shall meet upon the

call of the chairman [or the Adjutant General]. The Deputy

Adjutant General, in consultation with the chairman, may call a

meeting when the services of the commission are needed as

provided for under this subchapter. Nine members of the

commission shall constitute a quorum.

(f) Declared vacancies.--The Governor, upon recommendation

of the Adjutant General, shall declare a vacancy to exist

whenever any member at large fails to attend three consecutive

meetings without good cause. Any declared vacancy shall be

filled for the unexpired term.

(g) Meetings and operations.--The commission shall establish

bylaws, special rules of order and standing operating procedures

which shall be reviewed and updated every five years. Robert's

Rules of Order Newly Revised may be used to govern commission

meetings if applicable and if not inconsistent with the bylaws,

special rules of order and standing operating procedures

established under this subsection.

(h) Administrative support.--The Office of Deputy Adjutant

General shall:

(i) Provide a suitable location and convenient room

that supports the needs of the commission to conduct

meetings.

(ii) Provide clerical assistance, stationery,

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postage, printing and supplies that may be necessary for

the work of the commission.

(iii) Provide notice of all meetings of the

commission, take minutes and post commission information

on the department's publicly accessible Internet website.

(iv) Provide for the reimbursement of per diems,

subsistence, travel and expenses.

(v) Provide the services of an independent legal

counsel for the commission to be appointed by the

commission and paid by the Commonwealth.

(vi) Assist the commission in carrying out the

provisions of this subchapter.

(i) Additional support.--The commission may receive

additional support from the department as agreed upon in a

memorandum of understanding.

§ 1703. General powers and duties.

The commission shall advise the [Adjutant General and the

department] Deputy Adjutant General and the department and shall

submit an annual report to the Governor, the chairperson of the

Veterans' Affairs and Emergency Preparedness Committee of the

Senate and the chairperson of the Veterans' Affairs and

Emergency Preparedness Committee of the House of Representatives

on all matters pertaining to the status, welfare, benefits,

employment and support of veterans and veterans' programs in

this Commonwealth and shall perform such other functions as are

provided by law.

§ 1704. Specific powers and duties.

The commission shall have the following powers and duties:

(1) Advise the Deputy Adjutant General upon such matters

as the Deputy Adjutant General may bring before it.

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(2) Investigate the work of the department and Office of

Deputy Adjutant General and make recommendations [to it]

regarding the department's and Office of Deputy Adjutant

General's administration of the laws providing for the

payment of pensions and relief, for the marking of graves of

veterans and for the selection, acquisition and maintenance

of a State military cemetery.

(3) [Investigate and recommend] Recommend to the

Governor legislation for submission to the General Assembly

concerning veterans and their activities[.] and provide to

the General Assembly the commission's position and

recommendations on proposed legislation presented to the

commission by the chairperson of a standing committee of the

General Assembly.

(4) Oversee veterans' temporary assistance payments

under Chapter 85 (relating to veterans' temporary

assistance).

(5) Certify educational gratuity payments for eligible

children under Chapter 87 (relating to educational gratuity

program).

(6) Determine eligibility of veteran applicants for real

property tax exemptions under Chapter 89 (relating to

disabled veterans' real estate tax exemption).

(6.1) Recommend by proposal budgetary requests to the

Office of Deputy Adjutant General for initiatives, studies,

projects and programs to improve veteran program outcomes.

(7) Promulgate rules and regulations governing all

actions of the commission under paragraphs (4), (5) and (6).

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

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