THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY KASUNIC, BOSCOLA, BREWSTER, BROWNE, BRUBAKER, GREENLEAF, KITCHEN, LEACH, RAFFERTY, TARTAGLIONE AND WAUGH, FEBRUARY 3, 2011

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 3, 2011  

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, changing the name of the Department of

Military and Veterans Affairs; establishing the Department of

Veterans Affairs, the bureaus within the department and the

State Veterans Commission; providing for the powers and

duties of the Department of Veterans Affairs and its bureaus;

and making conforming amendments and editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of Title 51 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

"Armory."  Land, buildings and fixtures used for housing

elements of the Pennsylvania military forces.

"Department."  The Department of Military [and Veterans]

Affairs of the Commonwealth.

"National Defense Act."  The act of Congress, entitled "An

act for making further and more effectual provisions for the

National Defense and for other purposes," approved June 3, 1916,

its amendments and supplements.

"National Guard of the United States."  The Army National

Guard of the United States and the Air National Guard of the

United States.

"Officer."  Commissioned or warrant officer.

"Order."  General or special order, oral or written, whether

issued pursuant to State or Federal authority.

"Pennsylvania Guard."  Those organized units of the

Pennsylvania military forces which are not Federally recognized

or which serve under the authority of the Governor when the

Pennsylvania National Guard, in whole or in part, is on extended

Federal active duty.

"Pennsylvania military forces."  The land, air and sea

military units organized for the internal security of this

Commonwealth.

"Pennsylvania National Guard."  The Pennsylvania Army

National Guard and the Pennsylvania Air National Guard.

Section 2.  Section 701 of Title 51 is repealed:

[§ 701.  Overall powers of department.

(a)  Powers and duties.--The department shall continue to

exercise the powers and perform the duties by law vested in and

imposed upon the Adjutant General and the department.

(b)  Designation.--The Department of Military Affairs is

designated as the Department of Military and Veterans Affairs.

Contracts, deeds and official actions by the department shall

not be affected by the use of the designation by the department

as the Department of Military Affairs. The department may

continue to use the name Department of Military Affairs on

stationery or any official documents until existing supplies are

exhausted. The department may substitute the title Department of

Military and Veterans Affairs for the Department of Military

Affairs on its documents and materials on such schedule as it

deems appropriate.]

Section 3.  Title 51 is amended by adding a section to read:

§ 701.1.  Transfer provisions.

(a)  Designation.--The Department of Military and Veterans

Affairs is designated as the Department of Military Affairs.

(b)  Transfer enumerated.--The following are transferred to

the department:

(1)  All bureaus, organizations and divisions in the

Department of Military and Veterans Affairs relating to its

military affairs functions enumerated in this title.

(2)  All personnel, allocations, appropriations,

equipment, files, records, contracts, agreements, obligations

and other materials which are used, employed or expended by

the Department of Military and Veterans Affairs in connection

with the functions transferred by this section to the

Department of Military Affairs in the first instance and as

if these contracts, agreements and obligations had been

incurred or entered into by the Department of Military

Affairs.

(c)  Apportionment.--The personnel, appropriations, equipment

and other items and material transferred by this section shall

include an appropriate portion of the general administrative,

overhead and supporting personnel, appropriations, equipment and

other material of the agency and shall also include, where

applicable, Federal grants and funds and other benefits from any

Federal program.

(d)  Status of employees.--All personnel transferred under

this section shall retain any civil service employment status

assigned to the personnel.

Section 4.  Section 704 and Chapter 17 of Title 51 are

repealed:

[§ 704.  Advisory councils for veterans' homes.

(a)  Establishment of advisory council.--There is hereby

established an advisory council for each veterans' home operated

by the Commonwealth. Each advisory council shall consist of 15

members and the Adjutant General, who shall serve ex officio.

Twelve of the members shall be appointed by the Governor from a

list of nominations submitted to the Adjutant General by the

Pennsylvania War Veterans' Council. The Speaker of the House of

Representatives and the President pro tempore of the Senate

shall each appoint one member from their respective bodies to

serve on each council. The remaining member on the advisory

council shall be selected by the residents of the veterans'

homes.

(b)  Term of office and officers.--Each member of the

councils appointed from the General Assembly shall serve for the

duration of that General Assembly. The eight members appointed

by the Governor shall serve a term of three years, provided that

the initial eight members selected by the Governor shall serve

as follows: three members for one year, three members for two

years and two members for three years as designated by the

Governor. Each council shall organize as soon as possible and

shall annually elect a president, vice president and secretary.

(c)  Removal for cause.--The members appointed by the

Governor may be removed by the Governor for cause.

(d)  Quorum and time of meetings.--Six members of a council

shall constitute a quorum for the purpose of conducting the

business of the council. Each advisory council shall meet at

least quarterly and at other times at the call of the president.

(e)  Expenses.--Members of each advisory council shall

receive no compensation for their services but shall receive

reimbursement for their necessary and proper expenses for

attendance at meetings.

(f)  Power and duty of advisory councils.--Each veterans'

home advisory council shall advise the Adjutant General as to

the management, operation and the adequacy of facilities and

services at their respective homes.]

[CHAPTER 17

STATE VETERANS' COMMISSION

AND DEPUTY ADJUTANT GENERAL

FOR VETERANS' AFFAIRS

Subchapter

A.  State Veterans' Commission

B.  Deputy Adjutant General for Veterans' Affairs

SUBCHAPTER A

STATE VETERANS' COMMISSION

Sec.

1701.  Definitions.

1702.  State Veterans' Commission.

1703.  General powers and duties.

1704.  Specific powers and duties.

1705.  Veterans' home hall of fame.

§ 1701.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The State Veterans' Commission established by

this chapter.

§ 1702.  State Veterans' Commission.

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

department an advisory commission to be known as the State

Veterans' Commission.

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

(1)  The Adjutant General, 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.

(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.

(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.

(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.

(c)  Officers.--The commission shall annually elect a

chairman and vice chairman at the first meeting of the

commission after October 1. The Deputy Adjutant General for

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. 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.

§ 1703.  General powers and duties.

The commission shall advise the Adjutant General and the

department 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 Adjutant General upon such matters as the

Adjutant General may bring before it.

(2)  Investigate the work of the department and make

recommendations to it regarding the department'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 to the Governor

legislation for submission to the General Assembly concerning

veterans and their activities.

(4)  Oversee veterans' emergency assistance payments

under Chapter 85 (relating to veterans' emergency

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).

(7)  Promulgate rules and regulations governing all

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

§ 1705.  Veterans' home hall of fame.

(a)  General rule.--Each veterans' home operated by the

Commonwealth shall establish and dedicate a hall of fame to

recognize and honor the military achievements of outstanding

veterans who have completed honorable, active duty military

service and who reside or resided in the geographic region

served by the veterans' home. The area or space in the veterans'

home dedicated to the hall of fame may be used for other

purposes.

(b)  Selection of inductees.--The advisory council for each

veterans' home shall, consistent with the guidelines established

by the commission in subsection (c), nominate eligible veterans

for induction into the hall of fame by the commission and

perform such other duties relating to the hall of fame as

approved by the commission. Any Medal of Honor recipient shall

be automatically inducted into the hall of fame.

(c)  Oversight.--The commission shall develop guidelines for

the halls of fame. The guidelines shall include, but not be

limited to:

(1)  Eligibility criteria for qualified candidates.

(2)  Procedures for nomination of candidates and

selection of inductees.

(3)  Ceremonies to officially honor the inductees.

(4)  Manner of recognizing or presenting the inductees in

the halls of fame.

(5)  Maintenance of the halls of fame.

(6)  Duties of the advisory councils of the veterans'

homes relating to the halls of fame.

(d)  Documentation.--Each eligible veteran or his or her

representative shall be responsible for obtaining the

documentation necessary to establish his or her eligibility from

the National Archives in Washington, D.C., or the National

Personnel Record Center in St. Louis, Missouri.

(e)  Centralized list.--The State Veterans' Commission shall

keep a centralized list of all hall of fame inductees from all

regional veterans' homes.

SUBCHAPTER B

DEPUTY ADJUTANT GENERAL

FOR VETERANS' AFFAIRS

Sec.

1711.  Qualifications and status.

1712.  Specific duties.

§ 1711.  Qualifications and status.

(a)  Deputy Adjutants General.--In addition to such other

Deputy Adjutants General as may be named in the department,

there shall be a Deputy Adjutant General for Veterans' Affairs,

who shall perform the duties under section 1712 (relating to

specific duties) and such other duties as the Adjutant General

may assign.

(b)  Appointment.--The Deputy Adjutant General for Veterans'

Affairs shall be selected and appointed as other Deputy

Adjutants General are selected and appointed. He shall be a

veteran and an active member of at least one of the veterans'

organizations listed under section 1702(b) (relating to State

Veterans' Commission).

(c)  Compensation.--The compensation of the Deputy Adjutant

General for Veterans' Affairs shall be as established by law.

(d)  Status.--The Deputy Adjutant General for Veterans'

Affairs shall be accorded all the rights, emoluments and

privileges, except pay and allowances, of a brigadier general in

the Pennsylvania Guard and shall be addressed as "General."

§ 1712.  Specific duties.

In addition to such other duties as may be provided by law or

as assigned by the Adjutant General, the Deputy Adjutant General

for Veterans' Affairs shall have the following specific duties:

(1)  To recommend to the Adjutant General and the

Governor, with the advice of the State Veterans' Commission,

new legislation and amendments to existing statutes

concerning veterans and their activities for consideration by

the General Assembly.

(2)  To cooperate with all Federal and State departments

and agencies in the interest of veterans.

(3)  To aid in filing and prosecuting claims of

Pennsylvania's veterans and their dependents under Federal or

State laws or regulations.

(4)  To aid veterans in seeking employment or

reemployment after their honorable discharge from the armed

forces of the United States.

(5)  To aid veterans requiring medical care in securing

hospitalization provided by a Federal or State medical or

care facility.

(6)  To aid in the rehabilitation of injured, wounded or

compensable veterans in educational institutions or

vocational training institutions for which they may be

eligible by law.

(7)  To cooperate with and advise the Department of

Education with respect to vocational training programs for

veterans, particularly programs suited to casualties.

(8)  To administer relief provided by the Commonwealth

for veterans and their dependents.

(9)  To administer the distribution under the direction

of the Adjutant General of any compensation to veterans or

their dependents that has been or may be granted by the

Commonwealth.

(10)  To investigate the work of other State agencies in

administering laws affecting veterans and their dependents.

(11)  To investigate, compile and maintain complete and

accurate data concerning veterans of the armed forces of the

United States and all State and municipal activities related

thereto.

(12)  To compile from the records transmitted from the

various counties of this Commonwealth a record of the burial

places in this Commonwealth of deceased veterans, including

such information as the Deputy Adjutant General for Veterans'

Affairs or his designee deems necessary and appropriate.

(13)  To disseminate information concerning

Pennsylvania's veterans and Pennsylvania's veterans' programs

to veterans' organizations, to the public press and other

media and to the general public.

(14)  To biannually submit, through the Adjutant General,

to the Governor a report of State activities on behalf of

veterans.

(15)  To serve as a clearinghouse for all problems or

issues related to Pennsylvania's veterans and their

dependents.

(16)  To serve as Executive Secretary of the State

Veterans' Commission.]

Section 5.  Title 51 is amended by adding a chapter to read:

CHAPTER 18

DEPARTMENT OF VETERANS AFFAIRS

Sec.

1801.  Definitions.

1802.  Department of Veterans Affairs.

1803.  Secretary of Veterans Affairs.

1804.  Deputy secretaries.

1805.  Bureaus and commissions.

1806.  Powers and duties of department.

1807.  Bureau of Veterans Homes.

1808.  Bureau of Veterans Programs, Benefits and Claims.

1809.  Bureau of Administration and Personnel.

1810.  State Veterans Commission.

1811.  Veterans home hall of fame.

1812.  Application of Administrative Code.

§ 1801.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The State Veterans Commission established

under this chapter.

"Department."  The Department of Veterans Affairs of the

Commonwealth established under this chapter.

"Secretary."  The Secretary of Veterans Affairs of the

Commonwealth.

§ 1802.  Department of Veterans Affairs.

(a)  Establishment.--The Department of Veterans Affairs is

hereby established as an administrative department within the

Executive Department of the Commonwealth and is vested with the

power and authority as set forth in this chapter.

(b)  Transfer provisions.--The following are transferred to

the department:

(1)  All bureaus, organizations and divisions in the

Department of Military and Veterans Affairs responsible for

the functions enumerated in this chapter.

(2)  All personnel, allocations, appropriations,

equipment, files, records, contracts, agreements, obligations

and other materials that are used, employed or expended by

the Department of Military and Veterans Affairs in connection

with the functions transferred by this chapter to the

Department of Veterans Affairs in the first instance and as

if these contracts, agreements and obligations had been

incurred or entered into by the Department of Veterans

Affairs.

(c)  Apportionment.--The personnel, appropriations, equipment

and other items and material transferred by this section shall

include an appropriate portion of the general administrative,

overhead and supporting personnel, appropriations, equipment and

other material of the agency and shall also include, where

applicable, Federal grants and funds and other benefits from any

Federal program.

(d)  Status of employees.--All personnel transferred under

this section shall retain any civil service employment status

assigned to the personnel.

§ 1803.  Secretary of Veterans Affairs.

(a)  Appointment.--The Governor shall nominate in accordance

with the provisions of the Constitution of Pennsylvania and, by

and with the advice and consent of a majority of the members

elected to the Senate, appoint a Secretary of Veterans Affairs.

(b)  Qualifications.--No person shall be nominated under

subsection (a) unless the person is a veteran.

(c)  Term.--The Secretary of Veterans Affairs shall serve a

four-year term and until a successor shall have been appointed

and qualified.

(d)  Vacancy.--If the office of Secretary of Veterans Affairs

shall become vacant, the Governor shall fill the vacancy in

accordance with the provisions of the Constitution of

Pennsylvania and subsection (a).

§ 1804.  Deputy secretaries.

The secretary shall appoint three deputy secretaries, who

shall serve at the pleasure of the secretary, to assist the

secretary in the administration and operation of the department

as follows:

(1)  Deputy Secretary for Veterans Homes.

(2)  Deputy Secretary for Veterans Programs, Benefits and

Claims.

(3)  Deputy Secretary for Veterans Administration and

Personnel.

§ 1805.  Bureaus and commissions.

The following bureaus and commissions are created within the

department:

(1)  The Bureau of Veterans Homes.

(2)  The Bureau of Veterans Programs, Benefits and

Claims.

(3)  The Bureau of Administration and Personnel.

(4)  The State Veterans Commission.

§ 1806.  Powers and duties of department.

The department shall have the following powers and duties:

(1)  To administer 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.

(2)  To investigate and compile data concerning veterans

of the armed forces of the United States and all State and

municipal activities relating to veterans.

(3)  To administer veterans pensions and benefits under

Chapter 77 (relating to veterans' pensions and benefits).

(4)  To administer the Veterans' Emergency Assistance

Program established under Chapter 85 (relating to veterans'

emergency assistance).

(5)  To administer the Educational Gratuity Program

established under Chapter 87 (relating to Educational

Gratuity Program).

(6)  To administer the disabled veterans real estate tax

exemption under Chapter 89 (relating to disabled veterans'

real estate tax exemption).

(7)  To recommend to the Governor new legislation and

amendments to existing statutes concerning veterans and their

activities for submission to the General Assembly.

(8)  To cooperate with all departments and agencies of

the Commonwealth in the interest of veterans welfare.

(9)  To aid in filing and prosecuting all claims of the

Commonwealth's veterans and dependents of veterans under

Federal or State statutes.

(10)  To aid in the employment and reemployment of all

veterans honorably discharged from the armed forces of the

United States or their auxiliaries.

(11)  To aid in securing hospitalization for any veteran

requiring medical care that may be provided by a Federal or

State mental, medical or surgical facility specifically

provided for veterans or in any other public hospital.

(12)  To aid in the rehabilitation of injured, wounded or

compensable veterans or other veterans in educational

institutions or vocational training institutions to which

they may be eligible by statute.

(13)  To cooperate with and advise the Department of

Education with respect to the establishment of vocational

training programs, particularly programs suited to war

casualties, for either day or evening instruction, or both.

(14)  To administer relief provided by the Commonwealth

for veterans and dependents of veterans.

(15)  To administer the distribution of any compensation

to veterans or dependents of veterans that has been or may be

granted by the Commonwealth.

(16)  To investigate the work of other departments of the

Commonwealth administering laws affecting veterans or

veterans' orphans.

(17)  To investigate, compile and maintain complete and

accurate data concerning veterans of the armed forces of the

United States and all State and municipal activities relating

thereto.

(18)  To compile from the records transmitted from the

various counties of this Commonwealth, a record of the burial

places within this Commonwealth of deceased service persons,

including such information as the secretary deems necessary

and appropriate.

(19)  To establish an information center and to

disseminate regularly to chapters, camps and posts of

veterans organizations throughout this Commonwealth such

information as the secretary shall determine and to transmit

to the public press and other media of public information

information relative to veterans as may be of public

interest.

(20)  To submit biannually to the Governor a report of

State activities on behalf of veterans.

(21)  To perform other duties in connection with veterans

that may be referred to the secretary by other departments or

agencies of the Commonwealth, and to be a clearinghouse for

all problems related to Pennsylvania veterans and their

dependents.

(22)  To appoint an executive secretary to the

commission.

§ 1807.  Bureau of Veterans Homes.

(a)  Establishment.--The Bureau of Veterans Homes is hereby

established as a bureau within the department.

(b)  Powers and duties.--In addition to the powers and duties

conferred under this chapter, the Deputy Secretary for Veterans

Homes shall, with the approval of the secretary, have the power

and duty to:

(1)  Oversee the bureau and make recommendations to the

secretary regarding the maintenance and operation of veterans

homes throughout this Commonwealth.

(2)  Appoint a director to administer each veterans home.

Each director shall be qualified and licensed in this

Commonwealth as a nursing home administrator. Each director

shall appoint such officers and employees as may be necessary

and fix their salaries in conformity with the standards

established by the Executive Board.

(3)  Accept gifts, grants or payments for the use of each

veterans home, except that the department may expend Federal

funds to the extent they are appropriated to the department

by the General Assembly.

(4)  Establish a schedule of fees to be charged to

residents. The fees shall be based on the level of service or

care required and the ability of the resident to pay. The

department shall establish the level of service to be

provided in accordance with the Federal Department of

Veterans Affairs' standards of nursing and domiciliary care.

(c)  Advisory councils for veterans homes.--

(1)  There is hereby established an advisory council for

each veterans home operated by the department. Each advisory

council shall consist of 15 members and the secretary, who

shall serve ex officio. Twelve of the members shall be

appointed by the Governor from a list of nominations

submitted to the secretary by the Pennsylvania War Veterans

Council. The president pro tempore of the Senate and the

Speaker of the House of Representatives shall each appoint

one member from their respective legislative chamber to serve

on each council. The remaining member on the advisory council

shall be selected by the residents of the veterans homes.

(2)  Each member of the councils appointed from the

General Assembly shall serve for the duration of that session

of the General Assembly. The eight members appointed by the

Governor shall serve a term of three years, provided that the

initial eight members selected by the Governor shall serve as

follows: three members for one year, three members for two

years and two members for three years as designated by the

Governor. Each council shall organize as soon as possible and

shall annually elect a president, vice president and

secretary.

(3)  The members appointed by the Governor may be removed

by the Governor for cause.

(4)  Six members of the council shall constitute a quorum

for the purpose of conducting the business of the council.

Each council shall meet at least quarterly and at other times

at the call of the president.

(5)  Members of each council shall receive no

compensation for their services but shall receive

reimbursement for their necessary and proper expenses for

attendance at meetings.

(6)  Each council shall advise the secretary as to the

management, operation and adequacy of facilities and services

at their respective homes.

§ 1808.  Bureau of Veterans Programs, Benefits and Claims.

(a)  Establishment.--The Bureau of Veterans Programs,

Benefits and Claims is hereby established as a bureau within the

department. The bureau shall administer all veterans programs,

except veterans homes, providing for the administration of all

benefits granted to veterans under the laws of this

Commonwealth.

(b)  Powers and duties.--In addition to the powers and duties

conferred under this chapter, the Deputy Secretary for Veterans

Programs, Benefits and Claims shall have the power and duty to:

(1)  Oversee the Bureau of Veterans Programs, Benefits

and Claims and assist veterans and their dependents in making

claims under Federal or State law.

(2)  Make recommendations to the secretary regarding the

administration of veterans programs of the Commonwealth.

(3)  Oversee the Scotland School for Veterans' Children.

§ 1809.  Bureau of Administration and Personnel.

(a)  Establishment.--The Bureau of Administration and

Personnel is hereby established as a bureau within the

department. The bureau shall be responsible for all matters

relating to the administration of the department.

(b)  Powers and duties.--The Deputy Secretary for

Administration and Personnel shall have the following powers and

duties:

(1)  Oversee the Bureau of Administration and Personnel.

(2)  Oversee department personnel.

(3)  Administer the day-to-day operations of the

department.

(4)  Manage the fiscal affairs of the department.

(5)  Formulate a proposed budget, which shall be approved

by the secretary, for submission to the Governor.

(6)  Make recommendations to the secretary regarding the

operations of the department.

§ 1810.  State Veterans Commission.

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

department an advisory commission to be known as the State

Veterans Commission.

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

(1)  The secretary, ex officio or his designee.

(2)  The Adjutant General or his designee.

(3)  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 of

America.

(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)  Veterans of World War I of the United States of

America, Inc.

(xii)  Italian-American War Veterans of the United

States.

(xiii)  The Vietnam Veterans of America.

(xiv)  American Ex-Prisoners of War.

(xv)  Keystone Paralyzed Veterans of America.

(4)  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.

(5)  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.

(c)  Officers.--The commission shall annually elect a

chairman and vice chairman at the first meeting of the

commission after October 1. The Deputy Adjutant General for

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. 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)  General powers and duties.--The commission shall advise

the secretary and the department 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.

(h)  Specific powers and duties.--The commission shall have

the following powers and duties:

(1)  Advise the secretary upon such matters as the

secretary may bring before it.

(2)  Investigate the work of the department and make

recommendations to it regarding the department'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 to the secretary

legislation for submission to the General Assembly concerning

veterans and their activities.

§ 1811.  Veterans home hall of fame.

(a)  General rule.--Each veterans home operated by the

Commonwealth shall establish and dedicate a hall of fame to

recognize and honor the military achievements of outstanding

veterans who have completed honorable, active duty military

service and who reside or resided in the geographic region

served by the veterans home. The area or space in the veterans

home dedicated to the hall of fame may be used for other

purposes.

(b)  Selection of inductees.--The advisory council for each

veterans home shall, consistent with the guidelines established

by the commission in subsection (c), nominate eligible veterans

for induction into the hall of fame by the commission and

perform such other duties relating to the hall of fame as

approved by the commission. Any Medal of Honor recipient shall

be automatically inducted into the hall of fame.

(c)  Oversight.--The commission shall develop guidelines for

the halls of fame. The guidelines shall include, but not be

limited to:

(1)  Eligibility criteria for qualified candidates.

(2)  Procedures for nomination of candidates and

selection of inductees.

(3)  Ceremonies to officially honor the inductees.

(4)  Manner of recognizing or presenting the inductees in

the halls of fame.

(5)  Maintenance of the halls of fame.

(6)  Duties of the advisory councils of the veterans

homes relating to the halls of fame.

(d)  Documentation.--Each eligible veteran or his or her

representative shall be responsible for obtaining the

documentation necessary to establish his or her eligibility from

the National Archives in Washington, DC, or the National

Personnel Record Center in St. Louis, Missouri.

(e)  Centralized list.--The State Veterans Commission shall

keep a centralized list of all hall of fame inductees from all

regional veterans homes.

§ 1812.  Application of Administrative Code.

Except as otherwise provided by law, the department shall be

subject to all the provisions of the act of April 9, 1929 (P.L.

177, No.175), known as The Administrative Code of 1929, which

apply generally to administrative departments.

Section 6.  Sections 3201, 7701, 7702, 8501, 8504(b), 8505,

8701, 8702(a) and (b), 8703(b) and (c), 8901, 8902, 8903, 8904,

8905, 9102(a) and (b) and 9301(a) of Title 51 are amended to

read:

§ 3201.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency."  The Pennsylvania Higher Education Assistance

Agency.

"Approved institution of higher learning."  An educational

institution offering a post-secondary program of education

located in this Commonwealth and approved by the Pennsylvania

Higher Education Assistance Agency.

"Approved program of education."  A degree- or certificate-

granting curriculum or course of study to be pursued on a full-

time or part-time basis or its equivalent as determined by the

Pennsylvania Higher Education Assistance Agency, at an approved

institution of higher learning.

"Department."  The Department of Military [and Veterans]

Affairs of the Commonwealth.

"Eligible member."  A member of the Pennsylvania National

Guard who meets the criteria specified in section 3202 (relating

to eligibility) and who has been awarded a certificate of

eligibility under section 3203 (relating to certification of

eligibility).

"Full-time student."  A student enrolled in an approved

institution of higher learning pursuing an approved program of

education equal to or greater than 15 credit hours or its

equivalent recognized by the Pennsylvania Higher Education

Assistance Agency as a full-time course of study.

"Part-time student."  A student enrolled in an approved

institution of higher education pursuing an approved program of

education of less than 15 credit hours or its equivalent

recognized by the Pennsylvania Higher Education Assistance

Agency as a part-time course of study.

"Program."  The Educational Assistance Program established in

this chapter.

"Qualified resident."  An individual who has been a bona fide

resident of this Commonwealth prior to the time an application

for a grant is made. The Pennsylvania Higher Education

Assistance Agency shall make the final decision on whether an

applicant is a qualified resident.

§ 7701.  Blind veteran's pension.

(a)  Definition.--As used in this section, the term "blind

veteran" shall mean any person who served in the military or

naval forces of the United States, or any woman's organization

officially connected therewith, at any time, and who gave the

Commonwealth of Pennsylvania, as his or her place of residence

at the time of entering the military or naval forces of the

United States, and who while performing duties connected with

such service suffered an injury or incurred a disease which

resulted in blindness to the extent that he or she has 3/60 or

10/200 or less normal vision. The term "blind veteran" shall not

include any person separated from the military or naval forces

of the United States, or any woman's organization officially

connected therewith, under other than honorable conditions.

(b)  Amount and eligibility.--In addition to any other

assistance provided by the Commonwealth and in addition to any

compensation provided by the Federal Government, every blind

veteran shall be paid a pension of $150 per month. Applications

for such pensions shall be made to and in the form prescribed by

the department. The [Adjutant General] department shall have the

power[,] and it shall be [his] the department's duty to

determine the eligibility of every applicant for a pension, and

[his] the department's decision in the matter shall be final.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Department."  The Department of Veterans Affairs of the

Commonwealth established under section 1802 (relating to

Department of Veterans Affairs).

§ 7702.  Paralyzed veteran's pension.

(a)  Amount and eligibility.--In addition to any other

assistance provided by the Commonwealth and in addition to any

compensation provided by the Federal Government, every paralyzed

veteran shall be paid a pension of $150 per month. Applications

for the pensions shall be made to and in the form prescribed by

the department. The [Adjutant General] department shall

determine the eligibility of every applicant for a pension, and

[his] the department's decision in the matter shall be final.

(b)  Regulations.--The [Adjutant General] department shall

promulgate such regulations as may be necessary to implement

this program.

(c)  Definition.--As used in this section [the term

"paralyzed veteran" means any], the following words and phrases

shall have the meanings given to them in this subsection:

"Department."  The Department of Veterans Affairs of the

Commonwealth established under section 1802 (relating to

Department of Veterans Affairs).

"Paralyzed veteran."  A person who served in the military or

naval forces of the United States, or any woman's organization

officially connected therewith, and who gave this Commonwealth

as his or her place of residence at the time of entering the

military or naval forces of the United States and who, while

performing duties connected with such service, suffered an

injury or incurred a disease which resulted in the loss or loss

of use of two or more extremities. The term does not include any

person separated from the military or naval forces of the United

States, or any woman's organization officially connected

therewith, under other than honorable conditions.

§ 8501.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

["Commission."  The State Veterans' Commission established

under section 1702 (relating to State Veterans' Commission).]

"Department."  The Department of Veterans Affairs of the

Commonwealth established under section 1802 (relating to

Department of Veterans Affairs).

"Eligible veteran."  A former member of the military or naval

service of the United States, or women's organization officially

connected therewith, who:

(1)  served during a period of war or armed conflict and

was honorably discharged from the armed forces;

(2)  died in service or was killed in action during a

period of war or armed conflict; or

(3)  as a result of peacetime hostile fire or terrorist

attack as determined by the department, was killed or

suffered a service-connected disability as certified by the

United States Veterans' Administration and, if surviving, was

honorably discharged from the armed forces.

"Emergency."  A sudden or unexpected loss of income due to

sickness, disability, unemployment or other cause beyond the

control of the applicant for emergency assistance.

"Surviving dependents."  The following are considered

surviving dependents of a deceased eligible veteran:

(1)  The unmarried surviving spouse of the deceased

eligible veteran.

(2)  If there is no unmarried spouse of a deceased

eligible veteran, the unmarried minor children, children who,

before attaining the age of 18, became permanently incapable

of self-support, and children who are less than 23 years of

age and are pursuing a full-time course of instruction at an

approved educational institution, provided they were, on the

death of the eligible veteran, dependent on the eligible

veteran for more than 50% of the cost of their support.

(3)  If the eligible veteran is not survived by a spouse

or dependent children, the surviving parents of the eligible

veteran, provided that, on the date of the eligible veteran's

death, they were dependent on the veteran for more than 50%

of the cost of their support.

§ 8504.  Amounts of assistance.

* * *

(b)  Standards.--Subject to the limitation set forth in

subsection (a), the [State Veterans' Commission shall recommend]

department shall establish uniform and equitable standards for

the amounts of veterans' emergency assistance.

* * *

§ 8505.  Appeals.

Any person aggrieved by a decision denying payment of

veterans' emergency assistance may appeal to the [Adjutant

General] department under provisions of Title 2 (relating to

administrative law and procedure).

§ 8701.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

["Commission."  The State Veterans' Commission established

under section 1702 (relating to State Veterans' Commission).]

"Department."  The Department of Veterans Affairs of the

Commonwealth established under section 1802 (relating to

Department of Veterans Affairs).

"Educational institution."  Any college or university of the

State System of Higher Education, a State-aided educational or

training institution of a secondary or college grade or other

institution of higher education, a business school, a trade

school, a hospital school providing training for nurses, an

institution providing courses in beauty culture, art, radio or

undertaking or embalming, or such other educational training

within this Commonwealth approved by the commission.

"Eligible disabled or deceased veteran."  A person who served

in the military or naval forces of the United States, or a

women's organization officially connected therewith, who:

(1)  was killed in action or died as a result of wounds

incurred during a period of war or armed conflict or as a

result of hostile fire or terrorist attack during peacetime

(as determined by the Department of Military Affairs);

(2)  died in service during a period of war or armed

conflict;

(3)  was honorably discharged from the military or naval

forces of the United States and certified by the United

States Veterans' Administration as a 100% disabled veteran as

a result of service during a period of war or armed conflict

or as a result of hostile fire or terrorist attack (as

determined by the Department of Military Affairs) during

peacetime; or

(4)  was honorably discharged from the military or naval

forces of the United States and died as a result of a

service-connected disability (as certified by the United

States Veterans' Administration) incurred during a period of

war or armed conflict or as a result of peacetime hostile

fire or terrorist attack (as determined by the Department of

Military Affairs).

"Qualified child."  Any child meeting the requirements of

section 8703 (relating to eligibility and qualification

requirements).

§ 8702.  Educational gratuity payments.

(a)  General rule.--The [commission] department shall make

educational gratuity payments not exceeding $500 per term or

semester per qualified child to each approved educational

institution upon submission by that approved educational

institution of proof that bills have been incurred or contracted

covering matriculation fees and other necessary fees, tuition,

board, room rent, books and supplies for a qualified child in a

definite amount for the school year.

(b)  Records.--The [commission] department shall attach the

proof submitted under subsection (a) to the requisition prepared

for payment out of appropriations made by the General Assembly

for purposes of the educational gratuity payments.

* * *

§ 8703.  Eligibility and qualification requirements.

* * *

(b)  Qualification determination.--The [commission]

department shall determine qualified applicants based on the

following requirements:

(1)  The applicant meets the requirements of subsection

(a).

(2)  The applicant is attending an approved educational

institution.

(3)  The applicant demonstrates a financial need for the

educational gratuity.

(c)  Appeal.--Any aggrieved applicant may appeal the decision

of the [commission to the Adjutant General] department under the

provisions of Title 2 (relating to administrative law and

procedure).

§ 8901.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Blind."  Visual acuity of three-sixtieths or ten two-

hundredths, or less normal vision.

["Commission."  The State Veterans' Commission established

under section 1702 (relating to State Veterans' Commission).]

"Department."  The Department of Veterans Affairs of the

Commonwealth established under section 1802 (relating to

Department of Veterans Affairs).

"Paraplegic."  The bilateral paralysis of the upper or lower

extremities of the body.

§ 8902.  Exemption.

(a)  General rule.--Any resident of this Commonwealth shall

be exempt from the payment of all real estate taxes levied upon

any building, including the land upon which it stands, occupied

by that person as a principal dwelling, if all of the following

requirements are met:

(1)  That person has been honorably discharged or

released under honorable circumstances from the armed forces

of the United States for service in any war or armed conflict

in which this nation was engaged.

(2)  As a result of such military service, that person is

blind or paraplegic or has sustained the loss of two or more

limbs, or has a service-connected disability declared by the

United States Veterans' Administration or its successors to

be a total or 100% permanent disability.

(3)  The dwelling is owned by that person solely, with

his or her spouse or as an estate by the entireties.

(4)  The need for the exemption from the payment of real

estate taxes has been determined by the [State Veterans'

Commission] department in compliance with the requirements of

this chapter.

(b)  Extension of exemption.--The exemption provided in

subsection (a) shall be extended to the unmarried surviving

spouse upon the death of the eligible veteran provided that the

[State Veterans' Commission] department determines that such

spouse is in need of an exemption.

§ 8903.  Duty of board.

When the conditions specified in section 8902 (relating to

exemption) are determined to exist by the board for the

assessment and revision of taxes, or by a similar board for the

assessment of taxes, and upon the receipt by that board of a

certification of need for the tax exemption from the

[commission] department, the board shall grant the tax exemption

prescribed by section 8902. Notification of the granting of the

tax exemption by the board shall be forwarded to the person who

has received the exemption from the payment of real estate taxes

and to the tax-levying bodies and tax collectors of all

political subdivisions imposing taxes upon the dwelling of the

person granted the exemption from payment of real estate taxes.

§ 8904.  Duty of [commission] department.

The [commission] department shall:

(1)  Fix uniform and equitable standards for determining

the need for exemption from the payment of real estate taxes

granted by this act. In fixing such uniform and equitable

standards, the [commission] department shall apply a

rebuttable presumption that an applicant with annual income

of $75,000 or less has a need for the exemption. Beginning on

January 1, 2009, and every two years thereafter, the

[commission] department shall adjust the annual income level

qualifying for the rebuttable presumption of need by an

amount equal to the change in the Consumer Price Index in the

preceding two years. The [commission] department shall

publish the adjusted annual income level qualifying for the

rebuttable presumption of need as a notice in the

Pennsylvania Bulletin.

(2)  After submission of proof of need by the applicant

for the exemption from payment of real estate taxes,

determine the need of the applicant.

(3)  Review at least once every five years all

determinations of need for exemptions from the payment of

real estate taxes which have been granted in order to

determine any changes in the economic status of applicants

bearing upon the question of need.

(4)  Certify the name and address and the need for

exemption from payment of real estate taxes, or termination

of such need, to the board for the assessment and revision of

taxes, or similar board for the assessment of taxes, having

jurisdiction of the assessment of the real property owned

solely or as an estate by the entirety and occupied as a

residence by the person seeking the tax exemption granted by

this chapter.

§ 8905.  Appeals.

Any applicant aggrieved by a determination of the

[commission] department may appeal that determination [to the

Adjutant General] under the provisions of Title 2 (relating to

administrative law and procedure).

§ 9102.  Affidavits and acknowledgments by designated officers.

(a)  Designation of certain officers authorized.--Each local

organization of The American Red Cross, The American Legion,

Veterans of World War I of the U.S.A., Inc., Veterans of Foreign

Wars of the United States, Disabled American Veterans, United

Spanish War Veterans, Regular Veterans Association, Director of

Veterans Affairs, Jewish War Veterans of the United States, the

Military Order of the Purple Heart, the Italian American War

Veterans of the United States, Incorporated, and such other

similar organizations now or hereafter accredited or recognized

by the United States Veterans Administration, which supplies

such aid and assistance to veterans or their dependents, and

which gratuitously prepares forms for veterans and their

dependents in connection with their affairs as such before the

United States, any agency thereof, or the Commonwealth, any

agency or political subdivision thereof, is hereby authorized to

designate one of its officers to take affidavits or

acknowledgments to such forms, as may be required by rule,

regulation or otherwise by the United States, any agency

thereof, or the Commonwealth, any agency or political

subdivision thereof, in the administration of the affairs of

veterans and their dependents. For the same purposes the

Adjutant General is authorized to designate one or more persons

from the Department of Military Affairs, the Secretary of

Veterans Affairs is authorized to designate one or more persons

from the Department of Veterans Affairs, and the State Director

of Selective Service is authorized to designate one or more

persons from the Pennsylvania Selective Service System.

(b)  Appointment, certification and authority.--When any such

officer or person is so designated, his name, address and

official position shall be furnished to the Secretary of the

Commonwealth, in writing, signed by such designated officer or

person, accompanied by a certificate of his designation by the

proper authority of such organization, or of the Adjutant

General, the Secretary of Veterans Affairs or the State Director

of Selective Service, as the case may be. Upon receipt of such

writing and certificate in form as herein provided the Secretary

of the Commonwealth, with the approval of the Governor, shall

issue under his hand and seal of his office a certificate of

appointment to such designated officer or person which shall

authorize him to take affidavits or acknowledgments of veterans

and their dependents in connection with their affairs as such

before the United States, any agency thereof, or the

Commonwealth, any agency or political subdivision thereof. Such

authorized officer or person shall exercise the authority

conferred under the provisions of this section at the pleasure

of the Governor. Each certificate issued as aforesaid by the

Secretary of the Commonwealth shall be numbered in the order of

date issued, and the Secretary of the Commonwealth is hereby

authorized to certify such appointment whenever required.

* * *

§ 9301.  Reports of annual conventions.

(a)  Printing and distribution by Commonwealth.--Whenever the

department commanders of the Grand Army of the Republic, the

United Spanish War Veterans, the Veterans of Foreign Wars of the

United States, the American Legion, the Disabled American

Veterans of the World War, the Veterans of World War I of the

U.S.A., Inc., the American Veterans of World War II (AMVETS),

Military Order of the Purple Heart, Jewish War Veterans,

Catholic War Veterans, Inc., The Society of the 28th Division,

A.E.F., the Marine Corps League and the Italian American War

Veterans of the United States, Incorporated, shall report to the

Department of [Property and Supplies] General Services the

proceedings of the annual encampment or conventions of their

respective departments, with such general and special orders and

circulars and other data which may form a part of said

proceedings, then the said proceedings, so reported, shall be

considered Commonwealth records, and under the direction of the

Department of [Property and Supplies] General Services, shall be

printed and bound, and a printed and bound copy thereof shall be

sent to each post or detachment in this Commonwealth of the

organization of whose proceedings the same is a report.

* * *

Section 7.  Except as otherwise expressly provided by law,

the Department of Veterans Affairs shall be subject to all the

provisions of the act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, which apply generally to