THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PERRY, AUMENT, BOBACK, CALTAGIRONE, CLYMER, COX, CREIGHTON, DALEY, DAY, EVERETT, FARRY, FLECK, GEORGE, GINGRICH, GOODMAN, GRELL, HORNAMAN, HUTCHINSON, JOHNSON, KAUFFMAN, M. K. KELLER, KILLION, KIRKLAND, MAHONEY, MARSHALL, METCALFE, MILLARD, MILLER, MOUL, MURPHY, MURT, PETRI, PYLE, RAPP, REICHLEY, ROAE, ROCK, SONNEY, STEVENSON, SWANGER, J. TAYLOR AND VEREB, MARCH 21, 2011

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 21, 2011  

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, further providing for soldier defined,

for credits in civil service examinations, for additional

points in grading civil service examinations, for preference

in appointment or promotion, for lack of training, age or

physical impairment, for preferential rating provision in

public works specifications, for computation of seniority for

reduction in force, for preference of spouses and for law

exclusive.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 7101, 7102, 7103, 7104, 7105, 7106,

7107, 7108 and 7109 of Title 51 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 7101.  [Soldier] Veteran defined.

As used in this chapter, ["soldier"] "veteran" means 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 provision, will be designated by the

Department of Military and Veterans Affairs.

§ 7102.  Credits in civil service examinations.

(a)  General rule.--When any [soldier] veteran shall take any

civil service appointment [or promotional] examination for a

public position under the Commonwealth, or under any political

subdivision thereof, he shall be given credit in the manner

hereinafter provided; for the discipline and experience

represented by his military training and for the loyalty and

public spirit demonstrated by his service for the preservation

of his country, as provided in this chapter.

(b)  Disclosure of rank or serial number.--[No soldier] A

veteran taking any civil service appointment [or promotional]

examination shall not be required to furnish, nor shall he

furnish in connection therewith, his former rank or service

serial number.

§ 7103.  Additional points in grading civil service

examinations.

(a)  Commonwealth examinations.--Whenever any [soldier]

veteran shall successfully pass a civil service appointment [or

promotional] examination for a public position under this

Commonwealth, or any political subdivision thereof, [and shall

thus establish] establishing that he possesses the

qualifications required by law for appointment to [or promotion

in] such public position, such [soldier's] veteran's examination

shall be marked or graded an additional ten points above the

mark or grade credited for the examination, and the total mark

or grade [thus] obtained shall represent the final mark or grade

of such [soldier] veteran, and shall determine his standing on

any eligible [or promotional] list, certified or furnished to

the appointing [or promoting power] authority.

(b)  Municipal examinations.--When any [such person] veteran 

shall [take any] successfully pass an examination for

appointment [or promotion] in the civil service of any of the

various municipal agencies within this Commonwealth, as required

by any existing law or any law which may hereafter be enacted,

such [person's] veteran's examination shall be marked or graded

[15% perfect before the quality or contents of the examination

shall be considered. When the examination of any such person is

completed and graded, such grading or percentage as the

examination merits shall be added to the aforesaid 15%, and

such] an additional ten points above the mark or grade credited

for the examination and the total mark or grade shall represent

the final grade or [classification] mark of such [person]

veteran and shall determine his or her order of standing on the

eligible list.

§ 7104.  Preference in appointment [or promotion].

(a)  Non-civil service.--Whenever any [soldier] veteran 

possesses the requisite qualifications and is eligible to

appointment to [or promotion in] a public position, where no

such civil service examination is required, the appointing

[power] authority in making an appointment [or promotion] to a

public position shall give preference to such [soldier] veteran.

(b)  Name on civil service list.--Whenever any [soldier]

veteran possesses the requisite qualifications, [and] by having 

his name [appears] appear on any eligible [or promotional] list,

certified or furnished as the result of any such civil service

examination, the appointing [or promoting power] authority in

making an appointment [or promotion] to a public position shall

give preference to such [soldier] veteran, notwithstanding that

his name does not stand highest on the eligible [or promotional]

list.

(c)  Name not on civil service list.--In making an

appointment [or promotion] to public office where a civil

service examination is required, the appointing [or promotional

power] authority may give preference to any [soldier] veteran,

who has passed the required examination for appointment [or

promotion] to such position, [and] establishing that he 

possesses the requisite qualifications, although his name does

not appear on the eligible [or promotional] list certified or

furnished to the appointing [or promoting power] authority.

(d)  Preference for external promotions.--In promoting to

public office where a civil service examination is required, the

promoting authority shall give preference to any veteran who has

passed the examination for promotion to such position or, where

no exam is required, who possesses the requisite qualifications

for promotion, provided that in all cases the promotion is

external in nature.

§ 7105.  Lack of training, age or physical impairment.

The lack of academic or scholastic training or experience,

age, loss of limb or other physical impairment which does not in

fact incapacitate any such [soldier] veteran shall not be deemed

to disqualify him, provided he possesses the other requisite

qualifications to satisfactorily perform all of the duties which

the position requires.

§ 7106.  Preferential rating provision in public works

specifications.

Whenever the Commonwealth issues specifications for the

construction, alteration or repair of any public works, such

specifications shall include a provision under which the

contractors and subcontractors shall agree to give a

preferential rating similar to that given by the Commonwealth to

any [soldier] veteran making application for employment upon

such public works.

§ 7107.  Computation of seniority for reduction in force.

Whenever a reduction in force is necessary in any public

position, or on public works of the Commonwealth and its

political subdivisions, and personnel are discharged according

to seniority, the number of years of service of any [soldier]

veteran shall be determined by adding his total years of service

in the civil service or on public works to his total years of

service as a member of the armed forces of the United States, or

in any women's organization officially connected therewith

during any war in which the United States engaged.

§ 7108.  Preference of spouses.

The same preferential rating given to [soldiers] veterans

under the provisions of this chapter shall be extended to

include the spouses of deceased or disabled [soldiers] veterans.

§ 7109.  Law exclusive.

This chapter shall be construed as being the exclusive law

applying to the Commonwealth, and its political subdivisions, in

giving preference to [soldiers] veterans in appointment or

promotion to, or retention in, public position or on public

works.

Section 2.  This act shall take effect immediately.