THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, SOLOBAY, TOMLINSON, MENSCH, GORDNER, ERICKSON, VOGEL, TARTAGLIONE, SCHWANK, FONTANA, YUDICHAK, RAFFERTY, STACK, SCARNATI, COSTA, BOSCOLA, BRUBAKER AND WARD, MAY 29, 2012

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 24, 2012   

AN ACT

Amending Titles 51 (Military Affairs) and 75 (Vehicles) of the

Pennsylvania Consolidated Statutes, in State Veterans'

Commission and Deputy Adjutant General for Veterans' Affairs,

establishing the Pennsylvania Veterans Trust Fund; providing

<--

for funds for Veterans' Trust Fund; in registration of

vehicles, providing for contributions to Veterans' Trust

Fund; and, in registration of vehicles, further providing for

special plates for veterans.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 17 of Title 51 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER C

<--

PENNSYLVANIA VETERANS TRUST FUND AND

PENNSYLVANIA VETERANS FOUNDATION

Sec.

1721.  Pennsylvania Veterans Trust Fund.

1722.  Contributions from drivers' licenses, registrations and

special license plates.

1723.  Use of driver's license or identification card to

indicate veteran status.

1724.  Administrative provisions.

1725.  Pennsylvania Veterans Foundation.

§ 1721.  Pennsylvania Veterans Trust Fund.

(a)  Establishment.--The Pennsylvania Veterans Trust Fund is

established in the State Treasury.

(b)  Source of revenue.--The Pennsylvania Veterans Trust Fund

shall be funded from the following sources:

(1)  Proceeds paid by the Department of Transportation

under section 1722 (relating to contributions from drivers'

licenses, registrations and special license plates) and 75

Pa.C.S. § 1364(b) (relating to special plates for veterans).

(2)  In fiscal year 2012, the sum of $1,700,000 shall be

transferred from the General Fund. This transfer shall occur

after sale of lands, buildings or other real estate used for

veterans' facilities or programs under the jurisdiction and

control of the department, excluding proceeds deposited in

the State Treasury Armory Fund under section 1511 (relating

to State Treasury Armory Fund).

(3)  Grants, gifts, donations and other payments from the

Federal Government, individuals, corporations, other trusts

and foundations or other legal entities.

(4)  Such funds as may, from time to time, be

appropriated to the Pennsylvania Veterans Trust Fund.

(c)  Appropriation.--Moneys in the Pennsylvania Veterans

Trust Fund are specifically appropriated on a continuing basis

to the department for the purposes specified in subsection (d).

(d)  Expenditures.--The department may expend moneys from the

Pennsylvania Veterans Trust Fund for the following purposes:

(1)  To make grants to the Pennsylvania Veterans

Foundation or other Statewide charitable foundations or

veterans' service organizations for funding programs and

projects to support Pennsylvania veterans and their families.

(2)  To make grants to, and provide funding support for,

new, innovative and expanded efforts and programs operated by

the County Directors of Veterans Affairs.

(3)  To make grants to Statewide veterans' service

organizations in addition to the grants authorized and funded

pursuant to section 9304 (relating to grants to veterans'

service officer programs).

(4)  To assist Pennsylvania veterans in need of shelter

and the necessities of living to the extent that other funds

are not appropriated and other resources are not available

for that purpose.

(5)  To assist in the operation, maintenance and repair

of Pennsylvania monuments honoring Pennsylvania service

members and veterans who served in the United States or

overseas.

(e)  Contributions and solicitation of funds.--The department

is authorized to solicit and accept, on behalf of the

Commonwealth, gifts, donations, legacies and usages of money for

the Pennsylvania Veterans Trust Fund from individuals,

organizations, public or private corporations or other similar

entities.

(f)  Procedures, policies and guidelines.--The department

shall establish procedures, policies and guidelines for

operation and maintenance of the Pennsylvania Veterans Trust

Fund within 60 days of the effective date of this section. The

guidelines shall be published as a notice in the Pennsylvania

Bulletin, but shall not be subject to review under section 205

of the act of July 31, 1968 (P.L.769, No.240), referred to as

the Commonwealth Documents Law, sections 204(b) and 301(10) of

the act of October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act or the act of June 25, 1982 (P.L.633,

No.181), known as the Regulatory Review Act.

(g)  Reports.--Beginning on or before July 31, 2013, and

every year thereafter, the department shall submit a report to

the chairman and minority chairman of the Veterans Affairs and

Emergency Preparedness Committee of the Senate and the chairman

and minority chairman of the Veterans Affairs and Emergency

Preparedness Committee of the House of Representatives detailing

the Pennsylvania Veterans Trust Fund revenues and expenditures

in the prior fiscal year and describing the activities, programs

and projects funded.

§ 1722.  Contributions from drivers' licenses, registrations and

special license plates.

(a)  General rule.--Beginning as soon as practicable, but not

later than one year from the effective date of this section, the

Department of Transportation shall provide an applicant for:

(1)  An original or renewal driver's license or

identification card the opportunity to make a contribution of

$2 to the Pennsylvania Veterans Trust Fund. The contribution

shall be added to the regular fee for an original or renewal

driver's license or identification card. One contribution may

be made for each issuance or renewal of a driver's license or

identification card. Contributions shall be used exclusively

for the purposes enumerated in section 1721 (relating to

Pennsylvania Veterans Trust Fund).

(2)  A renewal vehicle registration the opportunity to

make a contribution of $2 to the Pennsylvania Veterans Trust

Fund. The contribution shall be added to the regular fee for

a renewal of a vehicle registration. One contribution may be

made for each renewal vehicle registration. Contributions

shall be used exclusively for the purposes described in

section 1721.

(b)  Special veterans' license plates.--The Pennsylvania

Veterans Trust Fund shall receive the proceeds for all special

motor vehicle license plates issued by the Department of

Transportation to honor Pennsylvania veterans as provided by 75

Pa.C.S. § 1364(b) (relating to special plates for veterans).

§ 1723.  Use of driver's license or identification card to

indicate veteran status.

(a)  General rule.--Beginning as soon as practicable, but not

later than 18 months following the effective date of this

section, the Department of Transportation shall process requests

from military veterans to place a veteran designation on the

driver's license or identification card of the veteran.

(b)  Application process.--Upon receipt of an application

from a veteran accompanied by a one-time payment of a $5 license

designation fee, which shall be in addition to any renewal or

duplicate driver's license or identification card fee, and by

such documentation as the Department of Transportation shall

require, the Department of Transportation shall issue the

veteran a driver's license or identification card displaying a

veteran designation.

§ 1724.  Administration provisions.

(a)  Agreement.--The Department of Transportation and the

department shall enter into an agreement which provides that the

department shall reimburse the Motor License Fund from the

Pennsylvania Veterans Trust Fund for the Department of

Transportation's actual annual operating costs of the veteran

programs in sections 1722 (relating to contributions from

drivers' licenses, registrations and special license plates) and

1723 (relating to use of driver's license or identification card

to indicate veteran status).

(b)  Deposits.--The Department of Transportation shall

monthly determine the total amount collected under sections 1722

and 1723 and shall report that amount to the State Treasurer,

who shall transfer that amount to the Pennsylvania Veterans

Trust Fund.

(c)  Cost of administration.--The Pennsylvania Veterans Trust

Fund shall reimburse the Motor License Fund for the actual costs

incurred by the Department of Transportation in the development

and implementation of the programs under sections 1722 and 1723

as well as the actual operating costs of the programs.

§ 1725.  Pennsylvania Veterans Foundation.

(a)  Charter granted.--The Pennsylvania Veterans Foundation,

a Statewide charitable foundation whose purpose is to assist and

provide benefits for Pennsylvania veterans and their families,

is chartered and recognized.

(b)  Board of directors and governance.--The Deputy Adjutant

General for Veterans' Affairs or his successor or designee shall

serve as ex officio members of the board of directors of the

Pennsylvania Veterans Foundation. The foundation will be

governed by a board of directors in accordance with its

corporate bylaws.

(c)  Funding.--In addition to raising funds in any manner

authorized by law for charitable foundations, the Pennsylvania

Veterans Foundation shall receive grants and other funding from

the Pennsylvania Veterans Trust Fund. The department or the

Auditor General may conduct such audits and reviews of the

foundation's use of grants from the Pennsylvania Veterans Trust

Fund as the Adjutant General or Auditor General deems

appropriate. Copies of all such audit reports and reviews shall

be furnished to the chairman and minority chairman of the

Veterans Affairs and Emergency Preparedness Committee of the

Senate and the chairman and minority chairman of the Veterans

Affairs and Emergency Preparedness Committee of the House of

Representatives.

SUBCHAPTER C

<--

FUNDS

Sec.

1721.  Veterans' Trust Fund.

§ 1721.  Veterans' Trust Fund.

(a)  Source of revenue.--In addition to transfers under

section 1719-G of the act of April 9, 1929 (P.L.343, No.176),

known as The Fiscal Code, the Veterans' Trust Fund shall include

funds from the following sources:

(1)  Proceeds paid by the Department of Transportation

under 75 Pa.C.S. § 1320 (relating to contributions to

Veterans' Trust Fund).

(2)  Amounts payable to the fund under 75 Pa.C.S §

1364(b) (relating to special plates for veterans).

(3)  Grants, gifts, donations and other payments from a

person or governmental entity.

(4)  Money appropriated to the fund.

(b)  Appropriation.–-Money in the fund is appropriated on a

continuing basis to the department for purposes set forth in

subsection (c).

(c)  Authorized purposes.--The department may expend money

from the Veterans' Trust Fund for the following purposes:

(1)  Grants for programs or projects to support

Pennsylvania veterans and their families to:

(i)  the Pennsylvania Veterans Foundation;

(ii)  veterans' service organizations; and

(iii)  other Statewide charitable organizations.

(2)  Grants or funding for new, innovative and expanded

activities or programs operated by a county director of

veterans affairs or the State Association of County Directors

of Veterans Affairs.

(3)  Grants to Statewide veterans' service organizations

in addition to the grants authorized and funded under section

9304 (relating to grants to veterans' service officer

programs).

(4)  Assistance to Pennsylvania veterans in need of

shelter or other necessities of living to the extent that

other funds or resources are not available.

(5)  Assistance to operate, maintain and repair

Pennsylvania monuments honoring Pennsylvania service members

and veterans who served in the United States or overseas.

(6)  Payments to the Motor License Fund for actual costs

incurred by the Department of Transportation to implement 75

Pa.C.S. §§ 1320 (relating to contributions to Veterans' Trust

Fund) and 1510 (relating to issuance and content of driver's

license).

(d)  Contributions.--The department may solicit and accept

gifts, donations, legacies and other money for deposit into the

fund from a person or a government entity on behalf of the

Commonwealth.

(e)  Operation.--The department shall adopt a statement of

policy for the maintenance and use of the fund within 60 days of

the effective date of this section. The policy shall be

published as a notice in the Pennsylvania Bulletin, but shall

not be subject to review under section 205 of the act of July

31, 1968 (P.L.769, No.240), referred to as the Commonwealth

Documents Law, sections 204(b) and 301(10) of the act of October

15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys

Act or the act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act.

(f)  Report.--By July 31, 2013, and every year thereafter,

the department shall submit to the chairman and minority

chairman of the Veterans Affairs and Emergency Preparedness

Committee of the Senate and the chairman and minority chairman

of the Veterans Affairs and Emergency Preparedness Committee of

the House of Representatives a report detailing the Veterans'

Trust Fund revenues and expenditures in the prior fiscal year

and describing the activities, programs and projects which

received funds.

Section 1.1.  Title 75 is amended by adding a section to

read:

§ 1320.  Contributions to Veterans' Trust Fund.

(a)  Option.--Within one year of the effective date of this

section the department shall provide for all of the following:

(1)  Ability of an applicant for an original or renewal

driver's license or identification card to make a

contribution of $3 to the Veterans' Trust Fund.

(2)  Ability of an applicant for a renewal vehicle

registration to make a contribution of $3 to the Veterans'

Trust Fund.

(b)  Implementation.--

(1)  A contribution under subsection (a) shall be added,

as appropriate, to the regular fee for:

(i)  an original or renewal driver's license or

identification card; and

(ii)  a renewal of a vehicle registration.

(2)  One contribution under subsection (a) may be made

for:

(i)  each issuance or renewal of a driver's license

or identification card; and

(ii)  each renewal vehicle registration.

(c)  Use.--Contributions under subsection (a) shall be used

exclusively for purposes set forth in 51 Pa.C.S. § 1721(c)

(relating to Veterans' Trust Fund).

(d)  Deposits.--

(1)  The department shall determine on a monthly basis

the total amount collected under this section and report the

amount to the State Treasurer.

(2)  The State Treasurer shall transfer the amount

collected to the Veterans' Trust Fund.

(e)  Reimbursement.--The Veterans' Trust Fund shall reimburse

the Motor License Fund for the actual costs incurred by the

department in the administration of this section.

Section 2.  Section 1364 of Title 75 is amended to read:

§ 1364.  Special plates for veterans.

(a)  Honorably discharged veterans.--Upon application of any

person who is an honorably discharged veteran of the armed

forces of the United States or a reserve component of the armed

forces as defined in 51 Pa.C.S. § 7301 (relating to

definitions), accompanied by a fee of $20 which shall be in

addition to the annual registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle as belonging to a person who is a

veteran of the armed forces of the United States. The special

registration plate may be used only on a passenger car or truck

with a registered gross weight of not more than 10,000 pounds.

(b)  Honoring our veterans.--Upon application of any person,

accompanied by a fee of $35, which shall be in addition to the

annual registration fee and by such documentation as the

department shall require, the department shall issue to the

person a special registration plate designating the vehicle as

belonging to a person who is honoring veterans of the armed

forces of the United States. The special registration plate may

be used only on a passenger car or truck with a registered gross

weight of not more than 10,000 pounds. The Pennsylvania Veterans 

<--

Veterans' Trust Fund shall receive $15 of the fee paid by the

<--

applicant for the plate.

Section 3.  This act shall take effect as follows:

<--

(1)  The amendment of 75 Pa.C.S. § 1364 shall take effect

in 180 days.

(2)  The remainder of this act shall take effect

immediately.

Section 3.  This act shall take effect in 30 days.

<--