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PRINTER'S NO. 461
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
455
Session of
2021
INTRODUCED BY BARTOLOTTA, J. WARD, STREET, LANGERHOLC, COLLETT,
GORDNER, PHILLIPS-HILL, SCAVELLO, YAW, REGAN, SCHWANK,
MASTRIANO, ROBINSON AND MUTH, MARCH 19, 2021
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MARCH 19, 2021
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in veteran-owned small businesses,
providing for miscellaneous provisions; imposing a penalty;
and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 96 heading of Title 51 of the
Pennsylvania Consolidated Statutes is amended to read:
CHAPTER 96
[VETERAN-OWNED SMALL] SERVICEMEMBER-OWNED BUSINESSES
Section 2. Chapter 96 of Title 51 is amended by adding a
subchapter to read:
SUBCHAPTER D
MISCELLANEOUS PROVISIONS
Sec.
9621. Definitions.
9622. Veteran-owned, reservist-owned or National Guard-owned
business logotype.
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9623. Nonprofit membership association.
§ 9621. 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:
"Nonprofit membership association." A nonprofit organization
whose mission is to support veterans, reservists, national guard
members, their spouses and families
§ 9622. Veteran-owned, reservist-owned or National Guard-owned
business logotype.
(a) Logotype.--Except as provided under section 9623(1)
(relating to nonprofit membership association), the Adjutant
General shall develop and design an official Commonwealth
logotype to be used by a veteran-owned, reservist-owned or
National Guard-owned business, which shall include the
Commonwealth Coat of Arms and the words "Pennsylvania veteran-
owned business," "Pennsylvania reservist-owned business" or
"Pennsylvania National Guard-owned business."
(b) Application.--Except as provided under section 9623(2),
the Adjutant General shall develop an application, criteria and
affirmation upon which an eligible business may apply for the
issuance and use of a logotype under this section.
(c) Eligibility.--Except as provided under section 9623(3),
the following shall apply:
(1) The Adjutant General shall verify the military
service status of a business owner seeking status as a
veteran-owned business, reservist-owned business or National
Guard-owned business. Nothing under this paragraph shall
prohibit the Adjutant General from working with another State
agency to process verification.
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(2) A business that is verified by the Department of
General Services under 62 Pa.C.S. Ch. 22 (relating to diverse
and disadvantaged businesses) shall be approved and issued a
logotype under this section without additional verification.
(d) Notice.--Within 10 days of the creation of a logotype
under this section and the establishment of the criteria
necessary to receive, use and display a logotype and the
applications and instructions on how to complete and submit an
application, the Adjutant General shall post on a publicly
accessible Internet website of the department, a notice that:
(1) A logotype under this section is available to an
eligible business.
(2) Includes the criteria necessary to receive, use and
display a logotype and allows for access to the applications
and instructions on how to complete and submit the
applications.
(e) Issuance.--Except as provided under section 9623(4), the
Adjutant General shall issue a logotype to an applicant deemed
eligible under subsection (c).
(f) Duties.--If, within 90 days of the effective date of
this section, the Adjutant General has not performed a duty
under subsection (a), (b), (c) or (e), the Adjutant General
shall, within 120 days of the effective date of this section
approve a nonprofit membership association to perform all of the
duties as provided under section 9623.
(g) Fee.--
(1) An initial fee of $250 is established for the
issuance of a logotype.
(2) A renewal fee of $100 is established. Renewal fees
shall be paid every five years.
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(3) Fees collected under this subsection shall be used
as follows:
(i) Fifty percent of the fee shall be transferred to
the Veterans' Trust Fund.
(ii) Fifty percent of the fee shall be used for
administrative costs.
(4) If a nonprofit membership association is chosen
under subsection (f) or section 9623, the nonprofit
membership association shall:
(i) collect the fee under this subsection;
(ii) transfer 50% of the fee quarterly to the
Adjutant General for disposition under paragraph (3)(i);
(iii) retain 50% of the fee for administrative
costs; and
(iv) annually submit an audit to the Auditor General
of the fees collected, transferred and retained under
this paragraph.
(5) The Adjutant General shall adjust the fee amounts
under this subsection every three years to reflect any upward
changes in the Consumer Price Index for All Urban Consumers
for the Philadelphia-Camden-Wilmington, PA-NJ-DE-MD area in
the preceding 12 months and shall transmit the adjusted fee
amount to the Legislative Reference Bureau for publication as
a notice in the Pennsylvania Bulletin. The fee shall be
adjusted by multiplying the annual fee amount by any
percentage increase to the Consumer Price Index for All Urban
Consumers for the Philadelphia-Camden-Wilmington, PA-NJ-DE-MD
area, rounded to the nearest $10. The resultant product shall
be added to the fee amount, and the sum shall become the new
annual fee amount under this subsection.
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(h) Penalty.--
(1) An individual commits a misdemeanor of the third
degree if the individual fraudulently holds the individual
out to be a veteran, reservist or National Guard member for
the purpose of obtaining or using a logotype under this
subchapter.
(2) Notwithstanding any other provision of law, the full
amount of each fine collected for a violation of paragraph
(1) shall be deposited into the Veterans' Trust Fund.
(i) Report.--By March 31st of each year, the Adjutant
General shall prepare an annual report on the number of veteran-
owned businesses, reservist-owned businesses and National Guard-
owned businesses issued the logotype, the annual applications
and revocations of the logotype and the administration fees
collected during the preceding year. A copy of the report shall
be sent to the Veterans Affairs and Emergency Preparedness
Committee of the Senate and the Veterans Affairs and Emergency
Preparedness Committee of the House of Representatives.
§ 9623. Nonprofit membership association.
Except as provided under section 9622(f) (relating to
veteran-owned, reservist-owned or National Guard-owned business
logotype), the Adjutant General may approve a nonprofit
membership association to do all of the following:
(1) Develop and design the logotype under section
9622(a). The Adjutant General shall oversee the development
and design of any logotype developed and designed under this
paragraph.
(2) Develop an application, criteria and affirmation
under section 9622(b). The Adjutant General shall oversee the
development of an application, criteria and affirmation under
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this paragraph.
(3) Verify the military service status of business
owners seeking status as a veteran-owned business, reservist-
owned business or National Guard-owned business. Nothing
under this paragraph shall prohibit the nonprofit membership
association from working with State agencies to process
verification. Businesses that are verified by the Department
of General Services under 62 Pa.C.S. Ch. 22 (relating to
diverse and disadvantaged businesses) shall be approved and
issued a logotype under this section without additional
verification.
(4) Issue a logotype to an applicant deemed eligible
under section 9622(e).
Section 3. This act shall take effect in 60 days.
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