PRINTER'S NO. 1593
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1192
Session of
2024
INTRODUCED BY GEBHARD, CULVER, VOGEL, BREWSTER, MASTRIANO, DUSH,
PENNYCUICK, J. WARD AND ROBINSON, MAY 13, 2024
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MAY 13, 2024
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Department of Military Affairs,
further providing for Fort Indiantown Gap; and establishing
the Service Members, Veterans and their Families Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 708(b), (c) and (d) of Title 51 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding subsections to read:
§ 708. Fort Indiantown Gap.
* * *
(b) Lease of installation.--
(1) The Adjutant General is authorized to enter into
agreements with the Federal Government and state governments
for the purpose of permitting [soldiers] units under their
command to use the real estate and equipment at Fort
Indiantown Gap for military training purposes[.], for
emergency response training and to support the quality of
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life of service members, veterans and their families.
( 2) In addition to the authority of the State Armory
Board under section 1509 (relating to r ental or lease of
armories and of buildings or structures at Fort Indiantown
Gap ) and to any other law relating to the leasing of
Commonwealth property, the Adjutant General may lease any
portion of the real property of Fort Indiantown Gap to an
individual or a public or nonpublic entity, including a
private commercial interest, to construct and operate a
revenue-generating business that meets all of the following
criteria:
(i) The business benefits the residents of the local
community in the vicinity of Fort Indiantown Gap and the
personnel of Fort Indiantown Gap and their families.
(ii) The business generates revenue for deposit into
the Service Members, Veterans and their Families Fund
established under subsection (f).
(3) If the Adjutant General opts to lease any portion of
the real property of Fort Indiantown Gap for the purpose
specified under paragraph (2), the Adjutant General shall
have the following duties:
(i) Select a prospective lessee to construct and
operate the revenue-generating business. In selecting a
prospective lessee under this subparagraph, the Adjutant
General shall consider all of the following:
(A) The ability of the prospective lessee to
provide an array of items or services as determined
by the Adjutant General.
(B) The degree to which the items or services
offered by the prospective lessee benefit the
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residents of the local community in the vicinity of
Fort Indiantown Gap.
(C) The degree to which the items or services
offered by the prospective lessee benefit the
personnel of Fort Indiantown Gap and their families.
(D) The experience of the prospective lessee in
operating the proposed type of revenue-generating
business, giving greater weight to the number of
years of experience, the number of years operating
within this Commonwealth and the total number of
similar businesses owned or operated by the
prospective lessee.
(ii) Establish the terms and conditions of the
lease, including the period of the lease. The terms and
conditions of the lease shall state that the lessee is
required to operate a revenue-generating business during
the period of the lease and the Commonwealth is not
liable for a claim associated with the lessee or with the
operation of the revenue-generating business.
(4) The Adjutant General may delegate the duties
specified under paragraph (2) or (3) to an employee or office
of the department as the Adjutant General deems appropriate.
(5) A determination by the Adjutant General or a
delegate under paragraph (2) or (3), including a
determination relating to the selection criteria for a
prospective lessee, the selection of a lessee, expenditures
or required forms or reports, shall not be subject to any of
the following:
(i) Administrative or judicial review under 2
Pa.C.S. Chs. 5 Subch. A (relating to practice and
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procedure of Commonwealth agencies) and 7 Subch. A
(relating to judicial review of Commonwealth agency
action) or any other State law.
(ii) The act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law.
(iii) The act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(v) The provisions of 62 Pa.C.S. Pt. I (relating to
Commonwealth Procurement Code).
(6) Nothing in this subsection shall be construed to be
a waiver of sovereign immunity for the purpose of 1 Pa.C.S. §
2310 (relating to sovereign immunity reaffirmed; specific
waiver) or otherwise.
(c) [Real] Purchase of real estate.--Upon the request of the
Adjutant General and with the approval of the Governor, the
Secretary of General Services is authorized to purchase lands
adjacent to Fort Indiantown Gap and to accept on behalf of the
department and the Commonwealth any improvements or
appurtenances to the lands comprising the installation.
(d) [Morale, recreation and welfare.--] Quality of life
programs.--
(1) The Adjutant General is authorized to operate
facilities and organize activities and programs at Fort
Indiantown Gap and at the department's facilities for the
purpose of improving the [morale, welfare and] quality of
life of service members,[ military dependents and veterans.]
veterans and their families. The Adjutant General shall
design the activities and programs to support military
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readiness through all of the following:
(i) Physical fitness and well-being.
(ii) Personal growth and development.
(iii) Social interaction and camaraderie.
(iv) Opportunities for leisure and recreation and
discounts on travel, tickets and lodging.
(2) The Adjutant General is [also] authorized to enter
into concession agreements with private organizations for the
continued operation of a canteen, exchange, commissary,
restaurant or other enterprise which will improve the morale
or welfare of [active, retired or reserve members.] service
members, veterans and their families.
(3) These operations, facilities, activities and
programs must be financially self-sustaining, and any income,
including fees and charges, derived from the concession
agreements and the operation of the facilities, activities
and programs shall be deposited by the Adjutant General [with
a bank or trust company. Moneys in the account may only be
used for the continued operation of the facilities,
activities or programs at Fort Indiantown Gap. Any Federal
funds specifically designated to assist the Adjutant General
in implementing this subsection are hereby appropriated to
the department for these purposes.] into the Service Members,
Veterans and their Families Fund established under subsection
(f).
(4) No General Fund moneys or other State funds shall be
used for the purposes authorized under this subsection. [An
audit of all accounts under this subsection must be conducted
annually on the State fiscal year basis, and the department
shall provide a copy of the audit to the Secretary of the
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Budget.]
* * *
(f) Service Members, Veterans and their Families Fund.--
(1) The Service Members, Veterans and their Families
Fund is established as a restricted fund in the State
Treasury. Revenue generated from lessees under subsection (b)
shall be paid into the State Treasury and deposited into the
Service Members, Veterans and their Families Fund.
(2) The department may accept, on behalf of the
Commonwealth, gifts, donations, legacies and usages of money
from individuals, organizations, public or private
corporations and other similar entities and solicit and raise
money from public and private sources for the purpose of the
Service Members, Veterans and their Families Fund. All money
received and raised under this paragraph shall be paid into
the State Treasury and credited to the Service Members,
Veterans and their Families Fund.
(3) The department shall expend money from the Service
Members, Veterans and their Families Fund for the following
purposes:
(i) The continued operation of quality of life
activities and programs in this Commonwealth that benefit
service members, veterans and their families under
subsection (d).
(ii) The development of new activities and programs
in this Commonwealth to benefit service members, veterans
and their families under subsection (d).
(iii) Grants to governmental and nonprofit
organizations that provide activities and programs to
benefit service members, veterans and their families
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under subsection (d).
(iv) Provide morale, welfare and recreation support
to Pennsylvania National Guard units deployed outside of
this Commonwealth.
(4) Money in the Service Members, Veterans and their
Families Fund is appropriated on a continuing basis to the
department for the purposes specified under paragraph (3).
(5) The Adjutant General shall determine how to expend
the money in the Service Members, Veterans and their Families
Fund for the purposes specified under paragraph (3). The
Adjutant General shall determine how to expend the money in
the Service Members, Veterans and their Families Fund during
the same fiscal year in which the money was deposited into
the Service Members, Veterans and their Families Fund. If the
Adjutant General is unable to expend the money in the Service
Members, Veterans and their Families Fund for the purpose
determined by the Adjutant General in the same fiscal year in
which the money was deposited into the Service Members,
Veterans and their Families Fund due to inadequate
applications for the money, the Adjutant General may opt to
reallocate the money for a different purpose under paragraph
(3) or expend the money in the next fiscal year for the same
purpose originally determined by the Adjutant General.
(6) No later than 60 days from the effective date of
this paragraph, the department shall adopt a statement of
policy for the maintenance and use of the Service Members,
Veterans and their Families Fund and transmit the statement
of policy to the Legislative Reference Bureau for publication
in the next available issue of the Pennsylvania Bulletin. The
statement of policy adopted under this paragraph shall not be
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subject to any of the following:
(i) Section 612 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
(ii) Sections 201, 202, 203, 204 and 205 of the
Commonwealth Documents Law.
(iii) Sections 204(b) and 301(10) of the
Commonwealth Attorneys Act.
(iv) The Regulatory Review Act.
(g) Report.--No later than July 31, 2025, and each year
thereafter, the department shall submit to the chairperson and
minority chairperson of the Veterans Affairs and Emergency
Preparedness Committee of the Senate and the chairperson and
minority chairperson of the Veterans Affairs and Emergency
Preparedness Committee of the House of Representatives a report
detailing the deposits and expenditures of the Service Members,
Veterans and their Families Fund in the prior fiscal year and
describing the activities and programs that received money from
the Service Members, Veterans and their Families Fund.
Section 2. This act shall take effect in 90 days.
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