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A07110
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
952
Session of
2019
INTRODUCED BY REGAN, AUMENT, BAKER, BREWSTER, BROWNE, MASTRIANO,
MENSCH, PITTMAN, J. WARD, K. WARD, YUDICHAK AND SABATINA,
NOVEMBER 12, 2019
AS AMENDED ON THIRD CONSIDERATION, JUNE 8, 2020
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in veterans' preference, repealing
provisions relating to soldier defined, providing for purpose
and for definitions, repealing provisions relating to credits
in civil service examinations, further providing 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 and providing for reporting requirement and for
guidelines; and, in voluntary veterans' preference in private
employment, further providing for definitions and for
eligibility for preference.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7101 of Title 51 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 7101. Soldier defined.
As used in this chapter, "soldier" 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
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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.]
Section 2. Title 51 is amended by adding sections to read:
§ 7101.1. Purpose.
The purpose of this chapter is to provide a hiring preference
to qualified veterans seeking public employment in classified
and unclassified services for the discipline and experience
represented by the veteran's military training and by the
loyalty and public spirit demonstrated by the veteran's service
for the preservation of this nation and this Commonwealth.
§ 7101.2. 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:
"DD214." A United States Department of Defense Report of
Separation Form 214 or a similarly effective form issued by the
Department of Defense relating to separation from military
service.
"DD215." A United States Department of Defense Incomplete
Awards, Decorations and Discharges Form 215 or similarly
effective form issued by the Department of Defense to correct
errors or make additions to a DD214 in order to ensure that the
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veteran has accurate discharge documentation.
"Discharge papers or separation documents." A DD214, DD215
or NGB-22 form.
"NGB-22." A National Guard Bureau Report of Separation and
Record of Service Form 22 or a similarly effective form issued
by the National Guard Bureau relating to separation from
military service, specifically in the National Guard.
"Requisite qualifications." The experience, education,
academic success, training, certifications, proficiencies,
interpersonal skills and intangibles required for an applicant
to successfully perform in a public position.
"Spouse of a disabled veteran." The spouse of a veteran who
has been classified by the United States Department of Veterans
Affairs' Veterans Benefits Administration as having a permanent
total disability.
"Surviving spouse." An unmarried spouse of a deceased
service member.
"Veteran." An individual who served, as evidenced by the
veteran's discharge papers or separation documents, or hereafter
serves:
(1) in the armed forces of the United States, including
a reserve component and National Guard, completed initial
contractual military service obligation and was discharged or
released under conditions other than dishonorable;
(2) in the armed forces of the United States, including
a reserve component and National Guard, served during a
period of war or armed conflict, completed a tour of active
duty for purposes other than training, was released from that
period of active duty under conditions other than
dishonorable and continues to serve; or
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(3) in the armed forces of the United States, including
a reserve component and National Guard, completed an initial
contractual military service obligation and continues to
serve.
"VETERAN." THE TERM INCLUDES :
(1) AN INDIVIDUAL WHO SERVED, AS EVIDENCED BY THE
VETERAN'S DISCHARGE PAPERS OR SEPARATION DOCUMENTS, OR
HEREAFTER SERVES in any of the following :
(I) IN THE ARMED FORCES OF THE UNITED STATES, (1)
the armed forces of the United States, INCLUDING A
RESERVE COMPONENT AND or NATIONAL GUARD, has COMPLETED
their INITIAL CONTRACTUAL MILITARY SERVICE OBLIGATION AND
THEIR LAST DISCHARGE OR RELEASE WAS UNDER CONDITIONS
OTHER THAN DISHONORABLE;
(II) IN THE ARMED FORCES OF THE UNITED STATES, (2)
the armed forces of the United States, INCLUDING A
RESERVE COMPONENT AND or NATIONAL GUARD, has SERVED
DURING A PERIOD OF WAR OR ARMED CONFLICT , as determined
by the United States Department of Defense, has COMPLETED
A TOUR OF ACTIVE DUTY FOR PURPOSES OTHER THAN TRAINING,
WAS RELEASED FROM THAT PERIOD OF ACTIVE DUTY UNDER
CONDITIONS OTHER THAN DISHONORABLE AND CONTINUES TO
SERVE; OR
(III) IN THE ARMED FORCES OF THE UNITED STATES, (3)
the armed forces of the United States, INCLUDING A
RESERVE COMPONENT AND NATIONAL GUARD, COMPLETED AN
INITIAL CONTRACTUAL MILITARY SERVICE OBLIGATION AND
CONTINUES TO SERVE.
(2) AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE
UNITED STATES WHO IS COMPLETING A TOUR OF ACTIVE DUTY THAT IS
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THREE YEARS OR MORE AND IS WITHIN 90 DAYS OF AN APPROVED
DISCHARGE OR RELEASE, AS EVIDENCED BY DOCUMENTATION OF THE
PROJECTED DISCHARGE OR RELEASE FROM ACTIVE DUTY UNDER
CONDITIONS OTHER THAN DISHONORABLE.
Section 3. Section 7102 of Title 51 is repealed:
[§ 7102. Credits in civil service examinations.
(a) General rule.--When any soldier 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 taking
any civil service appointment or promotional examination shall
be required to furnish, nor shall he furnish in connection
therewith, his former rank or service serial number.]
Section 4. Sections 7103, 7104, 7105, 7106, 7107, 7108 and
7109 of Title 51 are amended to read:
§ 7103. Additional points in grading civil service
examinations.
(a) Commonwealth examinations.--Whenever [any soldier shall]
a veteran successfully [pass] passes a civil service appointment
[or promotional] examination for a public position [under this]
with the Commonwealth, or any political subdivision thereof,
[and shall thus establish that he possesses the qualifications
required by law for appointment to or promotion in such public
position, such soldier's examination shall be marked or graded
an additional ten points above the mark or grade credited for
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the examination, and the total mark or grade thus obtained shall
represent the final mark or grade of such soldier, and shall
determine his standing on any eligible or promotional list,
certified or furnished to the appointing or promoting power.] an
additional 10 points shall be added to the veteran's final
examination score and such score shall determine the veteran's
standing on any eligible list certified or provided to the
appointing authority. A veteran may not begin or hold the public
position until proof of discharge papers or separation documents
are provided to the appointing authority.
(b) Municipal examinations.--[When any such person shall
take any 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 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 total mark or grade shall represent the final grade or
classification of such person and shall determine his or her
order of standing on the eligible list.] Whenever a veteran
successfully passes an examination for appointment 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, an additional 10 points shall be added
to the veteran's final examination score and such score shall
determine the veteran's standing on any eligible list certified
or provided to the municipal agency. A veteran may not begin or
hold the public position for a municipal agency until proof of
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discharge papers or separation documents are provided to the
municipal agency.
§ 7104. Preference in appointment [or promotion].
(a) Non-civil service.--Whenever [any soldier] a veteran
possesses the requisite qualifications [and is eligible to] for
appointment to [or promotion in] a public position[, where no
such] that is not subject to civil service appointment
examination [is required,] and the veteran is otherwise eligible
for appointment, the appointing [power] authority in making [an]
the appointment [or promotion to a public position] shall give
preference to [such soldier] the veteran.] the veteran. A
veteran may not begin or hold the public position until proof of
discharge papers or separation documents are provided to the
appointing authority.
(b) Name on civil service list.--Whenever [any soldier
possesses the requisite qualifications, and his] a veteran's
name appears on [any] an eligible [or promotional list,
certified or furnished] list certified or provided as the result
of [any such] a 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] the veteran, notwithstanding [that his name does not
stand highest] the veteran's standing on the eligible [or
promotional list.] list if the appointment is otherwise made in
accordance with 71 Pa.C.S. § 2402 (relating to selection and
appointment of eligibles). A veteran may not begin or hold the
public position until proof of discharge papers or separation
documents are provided to the appointing authority.
(c) Name not on civil service list.--In making an
appointment [or promotion to public office] to a public position
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where a civil service examination is required, [the] an
appointing [or promotional power] authority may give preference
to [any soldier, who has passed the required examination for
appointment or promotion to such position, and possesses the
requisite qualifications, although his] a veteran who has passed
the required examination for appointment to such position and
otherwise possesses the requisite qualifications of the public
position, notwithstanding that the veteran's name does not
appear on the eligible [or promotional list certified or
furnished to the appointing or promoting power.] list certified
or provided to the appointing authority. A veteran may not begin
or hold the public position until proof of discharge papers or
separation documents are provided to the appointing authority.
§ 7105. Lack of formal training and education, 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 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.]
(a) Training and education.--In determining whether a
veteran possesses the requisite qualifications for an
appointment, appointing authorities shall , where appropriate,
consider relevant training and education received by a veteran
during the veteran's service in the armed forces of the United
States, including a reserve component and or National Guard, in
lieu of formal training and education.
(b) Age or physical impairment.--The age or loss of limb or
other physical impairment that does not incapacitate a veteran
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shall not be used to disqualify the veteran, provided the
veteran possesses the requisite qualifications to satisfactorily
perform in the appointment a public position .
§ 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] hiring preference 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] the veteran's total
years of service in the civil service or on public works to
[his] the veteran's total years of service as a member of the
armed forces of the United States, [or in any women's
organization officially connected therewith] including a reserve
component and or National Guard, during any period of war or
armed conflict in which the United States engaged other than for
periods of active duty training.
§ 7108. Preference of spouses.
The same [preferential rating] preference given to [soldiers]
veterans under the provisions of this chapter shall be [extended
to include the spouses of deceased or disabled soldiers.]
extended to the surviving spouse or spouse of a disabled
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veteran.
§ 7109. Law exclusive.
This chapter shall be construed as being the exclusive law
applying to the Commonwealth, and its political subdivisions and
municipal agencies, in giving preference to [soldiers] veterans
in appointment [or promotion] to, or retention in, public
position or on public works.
Section 5. Title 51 is amended by adding sections to read:
§ 7110. Reporting requirement.
(a) Office of Administration report.--The Office of
Administration shall provide a consolidated report to the
Adjutant General depicting the previous fiscal year's statistics
for veterans appointed by the Commonwealth into non-civil
service and civil service positions, including aggregate totals
by agency.
(b) Department report.--The department shall provide an
annual report on this chapter to the chair and minority chair of
the State Government Committee of the Senate, the chair and
minority chair of the State Government Committee of the House of
Representatives, the chair and minority chair of the Veterans
Affairs and Emergency Preparedness Committee of the Senate and
the chair and minority chair of the Veterans Affairs and
Emergency Preparedness Committee of the House of
Representatives.
§ 7111. Guidelines.
The department shall annually establish veterans' preference
guidelines and verify the Federal qualifying periods of service
during a war or armed conflict to ensure understanding of the
required documents and compliance with this chapter and Chapter
72 (relating to voluntary veterans' preference in private
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employment).
Section 6. Sections 7202 and 7204 of Title 51 are amended to
read:
§ 7202. 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:
["DD-214."] "DD214." A United States Department of Defense
Report of Separation Form 214 or a similarly effective form
issued by the Department of Defense relating to separation from
military service.
"DD215." A United States Department of Defense Incomplete
Awards, Decorations and Discharges Form 215 or a similarly
effective form issued by the Department of Defense to correct
errors or make additions to a DD214 in order to ensure that the
veteran has accurate discharge documentation.
"Discharge papers or separation documents." A DD214, DD215
or NGB-22.
"NGB-22." A National Guard Bureau Report of Separation and
Record of Service Form 22 or a similarly effective form issued
by the National Guard Bureau relating to separation from
military service, specifically in the National Guard.
"Private employer." A sole proprietor, corporation,
partnership, limited liability company or any other legal
entity, including nonprofits, with more than one employee.
["Soldier." 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
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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
definition, will be designated by the Department of Military and
Veterans Affairs.]
"Spouse of a disabled veteran." The spouse of a veteran who
has been classified by the United States Department of Veterans
Affairs' Veterans Benefits Administration as having a permanent
total disability and is a United States citizen.
"Surviving spouse." [A] An unmarried spouse of a deceased
[soldier] service member.
"Veteran." [An individual who [has] served [in the armed
forces of the United States, including a reserve component and
National Guard, and who has been discharged or released from the
service under conditions other than dishonorable.], as evidenced
by the veteran's discharge papers or separation documents, or
hereafter serves:
(1) in the armed forces of the United States, including
a reserve component and National Guard, completed initial
contractual military service obligation and was discharged or
released under conditions other than dishonorable;
(2) in the armed forces of the United States, including
a reserve component and National Guard, served during a
period of war or armed conflict, completed a tour of active
duty for purposes other than training, was released from that
period of active duty under conditions other than
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dishonorable and continues to serve; or
(3) in the armed forces of the United States, including
a reserve component and National Guard, completed initial
contractual military service obligation and continues to
serve.
THE TERM INCLUDES :
(1) AN INDIVIDUAL WHO SERVED, AS EVIDENCED BY THE
VETERAN'S DISCHARGE PAPERS OR SEPARATION DOCUMENTS, OR
HEREAFTER SERVES in any of the following :
(I) IN THE ARMED FORCES OF THE UNITED STATES, (1)
the armed forces of the United States, INCLUDING A
RESERVE COMPONENT AND or NATIONAL GUARD, has COMPLETED
their INITIAL CONTRACTUAL MILITARY SERVICE OBLIGATION AND
THEIR LAST DISCHARGE OR RELEASE WAS UNDER CONDITIONS
OTHER THAN DISHONORABLE;
(II) IN THE ARMED FORCES OF THE UNITED STATES, (2)
the armed forces of the United States, INCLUDING A
RESERVE COMPONENT AND or NATIONAL GUARD, has SERVED
DURING A PERIOD OF WAR OR ARMED CONFLICT , as determined
by the United States Department of Defense, has COMPLETED
A TOUR OF ACTIVE DUTY FOR PURPOSES OTHER THAN TRAINING,
WAS RELEASED FROM THAT PERIOD OF ACTIVE DUTY UNDER
CONDITIONS OTHER THAN DISHONORABLE AND CONTINUES TO
SERVE; OR
(III) IN THE ARMED FORCES OF THE UNITED STATES, (3)
the armed forces of the United States, INCLUDING A
RESERVE COMPONENT AND or NATIONAL GUARD, has COMPLETED AN
INITIAL CONTRACTUAL MILITARY SERVICE OBLIGATION AND
CONTINUES TO SERVE.
(2) AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE
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UNITED STATES WHO IS COMPLETING A TOUR OF ACTIVE DUTY THAT IS
THREE YEARS OR MORE AND IS WITHIN 90 DAYS OF AN APPROVED
DISCHARGE OR RELEASE, AS EVIDENCED BY DOCUMENTATION OF THE
PROJECTED DISCHARGE OR RELEASE FROM ACTIVE DUTY UNDER
CONDITIONS OTHER THAN DISHONORABLE.
"Veterans' preference employment policy." A voluntary policy
adopted by a private employer for hiring, promoting or retaining
a veteran, a spouse of a disabled veteran or a surviving spouse
over another qualified applicant or employee.
§ 7204. Eligibility for preference.
A veteran, spouse of a disabled veteran or surviving spouse
shall submit [the DD-214] the discharge papers or separation
documents of the veteran to a private employer with a veterans'
preference employment policy for consideration by the employer.
Section 7. This act shall take effect in 60 days.
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