PRIOR PRINTER'S NO. 1484
PRINTER'S NO. 1683
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1041
Session of
2018
INTRODUCED BY BARTOLOTTA, SCARNATI, GORDNER, COSTA, HUGHES,
BREWSTER, SCHWANK, WARD, AUMENT, RAFFERTY, TARTAGLIONE, REGAN
AND VULAKOVICH, FEBRUARY 9, 2018
AS AMENDED ON THIRD CONSIDERATION, APRIL 23, 2018
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in veteran-owned small businesses,
providing for veteran-owned small business logotypes. FURTHER
PROVIDING FOR DEFINITIONS, REPEALING PROVISIONS RELATING TO
DEFINITIONS, FURTHER PROVIDING FOR EXEMPTION AND PROVIDING
FOR VETERAN-OWNED BUSINESS LOGOTYPE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 96 of Title 51 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER D
MISCELLANEOUS PROVISIONS
Sec.
9621. Veteran-owned small business logotypes.
§ 9621. Veteran-owned small business logotypes.
(a) Logotype for veteran-owned small businesses.--The
department, in consultation with the Office of Administration,
shall design an official logotype for use by veteran-owned small
businesses in this Commonwealth. The logotype design shall use
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the words: "Pennsylvania Veteran-owned Small Business."
(b) Logotype for service-disabled veteran-owned small
businesses.--The department, in consultation with the Office of
Administration, shall design an official logotype for use by
service-disabled veteran-owned small businesses in this
Commonwealth. The logotype design shall use the words:
"Pennsylvania Service-disabled Veteran-owned Small Business."
SECTION 1. THE DEFINITION OF "VETERAN" IN SECTION 9601 OF
TITLE 51 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED
AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:
§ 9601. DEFINITIONS.
SUBJECT TO SECTION 9602 (RELATING TO REGULATIONS), 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:
"BUSINESS FEE." A FEE REQUIRED TO BE PAID TO THE
COMMONWEALTH OR A POLITICAL SUBDIVISION FOR STARTING OR OPENING
A BUSINESS WITHIN THIS COMMONWEALTH. THE TERM DOES NOT INCLUDE A
FEE FOR MAINTAINING LICENSURE OR OTHER REQUIREMENT FOR
CONTINUING TO OPERATE A BUSINESS.
* * *
"VETERAN." AN INDIVIDUAL WHO:
(1) HAS SERVED IN THE UNITED STATES ARMED FORCES,
INCLUDING A RESERVE COMPONENT OR THE NATIONAL GUARD, AND WHO
WAS DISCHARGED OR RELEASED FROM SERVICE UNDER CONDITIONS
OTHER THAN DISHONORABLE[.]; OR
(2) IS ACTIVELY SERVING IN THE UNITED STATES ARMED
FORCES, INCLUDING A RESERVE COMPONENT OR THE NATIONAL GUARD.
"VETERAN-OWNED BUSINESS." AS DEFINED IN 62 PA.C.S. § 2201
(RELATING TO DEFINITIONS).
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* * *
SECTION 2. SECTIONS 9610 AND 9611(A), (B) AND (C) OF TITLE
51 ARE AMENDED TO READ:
[§ 9610. DEFINITIONS.
AS USED IN THIS SUBCHAPTER, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"BUSINESS FEE." A FEE REQUIRED TO BE PAID TO THE
COMMONWEALTH OR A POLITICAL SUBDIVISION FOR STARTING OR OPENING
A BUSINESS WITHIN THIS COMMONWEALTH. THE TERM DOES NOT INCLUDE A
FEE FOR MAINTAINING LICENSURE OR OTHER REQUIREMENT FOR
CONTINUING TO OPERATE A BUSINESS.
"RESERVIST." A MEMBER OF A UNITED STATES ARMED FORCES
RESERVE COMPONENT OR NATIONAL GUARD.
"RESERVIST-OWNED SMALL BUSINESS." A BUSINESS OWNED AND
CONTROLLED BY A MEMBER OF A UNITED STATES ARMED FORCES RESERVE
COMPONENT OR NATIONAL GUARD.]
§ 9611. EXEMPTION.
(A) PAYMENT.--A VETERAN-OWNED [OR RESERVIST-OWNED] SMALL
BUSINESS SHALL BE EXEMPT FROM THE PAYMENT OF A BUSINESS FEE.
(B) PROOF.--A VETERAN [OR RESERVIST] MUST PROVIDE THE
DEPARTMENT OR LICENSING AUTHORITY OF A POLITICAL SUBDIVISION
WITH PROOF OF THE VETERAN'S [OR RESERVIST'S] STATUS USING ANY OF
THE FOLLOWING WITH ANY BUSINESS APPLICATION:
(1) A COPY OF A FEDERAL DD-214 FORM.
(2) A COPY OF A FEDERAL NGB-22 FORM.
(3) A VALID FEDERAL VETERANS' ADMINISTRATION CARD.
(4) A VALID DEPARTMENT OF DEFENSE-ISSUED MILITARY
IDENTIFICATION CARD.
(C) STATUS.--THE DEPARTMENT OF STATE OR LICENSING AUTHORITY
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OF A POLITICAL SUBDIVISION, IN CONSULTATION WITH OTHER
COMMONWEALTH AGENCIES, MAY DETERMINE AN APPLICANT'S STATUS AS A
VETERAN [OR RESERVIST] IN ACCORDANCE WITH THIS SECTION.
* * *
SECTION 3. CHAPTER 96 OF TITLE 51 IS AMENDED BY ADDING A
SUBCHAPTER TO READ:
SUBCHAPTER D
VETERAN-OWNED BUSINESS LOGOTYPE
SEC.
9621. VETERAN-OWNED BUSINESS LOGOTYPE.
§ 9621. VETERAN-OWNED BUSINESS LOGOTYPE.
(A) LOGOTYPE FOR VETERAN-OWNED BUSINESSES.--THE DEPARTMENT
OR ITS DESIGNEE SHALL DESIGN AN OFFICIAL COMMONWEALTH LOGOTYPE
TO BE USED BY VETERAN-OWNED BUSINESSES.
(B) LOGOTYPE.--THE LOGOTYPE TO BE DESIGNED AND ISSUED SHALL
INCLUDE THE COMMONWEALTH COAT OF ARMS AND THE WORDS
"PENNSYLVANIA VETERAN-OWNED BUSINESS."
(C) VERIFY.--THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF GENERAL SERVICES, SHALL USE THE VERIFICATION
PROCESS UNDER 62 PA.C.S. § 2202(A) (RELATING TO WOMAN-OWNED
BUSINESS, MINORITY-OWNED BUSINESS OR VETERAN-OWNED BUSINESS) TO
VERIFY THE MILITARY SERVICE STATUS OF BUSINESS OWNERS SEEKING A
VETERAN-OWNED BUSINESS LOGOTYPE.
(D) APPLICATION AND ISSUANCE.--THE DEPARTMENT SHALL ISSUE A
LOGOTYPE WHEN THE VETERAN-OWNED BUSINESS IS INCLUDED ON THE LIST
COMPILED AND MAINTAINED BY THE DEPARTMENT OF GENERAL SERVICES
UNDER 62 PA.C.S. § 2202(C) FOR VETERAN-OWNED BUSINESSES.
(E) NOTICE.--THE DEPARTMENT SHALL POST ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE A NOTICE THAT THE
COMMONWEALTH LOGOTYPE IS AVAILABLE TO BUSINESSES PROVIDED FOR
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UNDER THIS CHAPTER AND SHALL INCLUDE THE CRITERIA NECESSARY TO
RECEIVE THE LOGOTYPE AND ALLOW FOR ACCESS TO THE APPLICATION AND
DIRECTIONS ON HOW TO SUBMIT THE APPLICATION.
(F) AUTHORITY.--UPON APPLICATION OF THE BUSINESS, THE
DEPARTMENT SHALL HAVE THE AUTHORITY TO ISSUE, WITHOUT ADDITIONAL
VERIFICATION, A LOGOTYPE UNDER THIS SECTION TO A BUSINESS THAT
IS CURRENTLY APPROVED BY THE DEPARTMENT OF GENERAL SERVICES
UNDER 62 PA.C.S. CH. 22 (RELATING TO DIVERSE AND DISADVANTAGED
BUSINESSES).
(G) PENALTY.--A PERSON COMMITS A MISDEMEANOR OF THE THIRD
DEGREE IF THE PERSON FRAUDULENTLY HOLDS HIMSELF OUT TO BE A
VETERAN FOR THE PURPOSE OF OBTAINING A LOGOTYPE.
Section 2 4. This act shall take effect in 60 days.
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