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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SIPTROTH, BEYER, BELFANTI, BRENNAN, BROWN, BUXTON, CALTAGIRONE, CARROLL, COHEN, D. COSTA, DePASQUALE, FABRIZIO, FRANKEL, GALLOWAY, GEIST, GEORGE, GRUCELA, HARKINS, KOTIK, KULA, MATZIE, MILLARD, MURT, M. O'BRIEN, PETRI, READSHAW, REICHLEY, SOLOBAY, STABACK, THOMAS, WALKO, WHEATLEY AND YOUNGBLOOD, MAY 7, 2009 |
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| REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MAY 7, 2009 |
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| AN ACT |
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1 | Amending Title 51 (Military Affairs) of the Pennsylvania |
2 | Consolidated Statutes, changing the name of the Department of |
3 | Military and Veterans Affairs; further providing for the |
4 | State Veterans' Commission and the Deputy Adjutant General |
5 | for Veterans' Affairs; establishing the Department of |
6 | Veterans Affairs, the bureaus within the department and the |
7 | State Veterans Commission; providing for the powers and |
8 | duties of the Department of Veterans Affairs and its bureaus; |
9 | and making conforming amendments and editorial changes. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 102 of Title 51 of the Pennsylvania |
13 | Consolidated Statutes is amended to read: |
14 | § 102. Definitions. |
15 | Subject to additional definitions contained in subsequent |
16 | provisions of this title which are applicable to specific |
17 | provisions of this title, the following words and phrases when |
18 | used in this title shall have, unless the context clearly |
19 | indicates otherwise, the meanings given to them in this section: |
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1 | "Armory." Land, buildings and fixtures used for housing |
2 | elements of the Pennsylvania military forces. |
3 | "Department." The Department of Military [and Veterans] |
4 | Affairs of the Commonwealth. |
5 | "National Defense Act." The act of Congress, entitled "An |
6 | act for making further and more effectual provisions for the |
7 | National Defense and for other purposes," approved June 3, 1916, |
8 | its amendments and supplements. |
9 | "National Guard of the United States." The Army National |
10 | Guard of the United States and the Air National Guard of the |
11 | United States. |
12 | "Officer." Commissioned or warrant officer. |
13 | "Order." General or special order, oral or written, whether |
14 | issued pursuant to State or Federal authority. |
15 | "Pennsylvania Guard." Those organized units of the |
16 | Pennsylvania military forces which are not Federally recognized |
17 | or which serve under the authority of the Governor when the |
18 | Pennsylvania National Guard, in whole or in part, is on extended |
19 | Federal active duty. |
20 | "Pennsylvania military forces." The land, air and sea |
21 | military units organized for the internal security of this |
22 | Commonwealth. |
23 | "Pennsylvania National Guard." The Pennsylvania Army |
24 | National Guard and the Pennsylvania Air National Guard. |
25 | Section 2. Sections 701(b), 704, 710(a) and (c) and 902(11), |
26 | (12) and (14) of Title 51 are amended to read: |
27 | § 701. Overall powers of department. |
28 | * * * |
29 | (b) Designation.--[The Department of Military Affairs is |
30 | designated as the Department of Military and Veterans Affairs. |
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1 | Contracts, deeds and official actions by the department shall |
2 | not be affected by the use of the designation by the department |
3 | as the Department of Military Affairs. The department may |
4 | continue to use the name Department of Military Affairs on |
5 | stationery or any official documents until existing supplies are |
6 | exhausted. The department may substitute the title Department of |
7 | Military and Veterans Affairs for the Department of Military |
8 | Affairs on its documents and materials on such schedule as it |
9 | deems appropriate.] The Department of Military and Veterans |
10 | Affairs is designated as the Department of Military Affairs. |
11 | Contracts, deeds and official actions by the department shall |
12 | not be affected by the use of the designation by the department |
13 | as the Department of Military and Veterans Affairs. The |
14 | department may continue to use the name Department of Military |
15 | and Veterans Affairs on stationery or any official documents |
16 | until existing supplies are exhausted. The department may |
17 | substitute the title Department of Military Affairs for the |
18 | Department of Military and Veterans Affairs on its documents and |
19 | materials on such schedule as it deems appropriate. |
20 | [§ 704. Advisory councils for veterans' homes. |
21 | (a) Establishment of advisory council.--There is hereby |
22 | established an advisory council for each veterans' home operated |
23 | by the Commonwealth. Each advisory council shall consist of 15 |
24 | members and the Adjutant General, who shall serve ex officio. |
25 | Twelve of the members shall be appointed by the Governor from a |
26 | list of nominations submitted to the Adjutant General by the |
27 | Pennsylvania War Veterans' Council. The Speaker of the House of |
28 | Representatives and the President pro tempore of the Senate |
29 | shall each appoint one member from their respective bodies to |
30 | serve on each council. The remaining member on the advisory |
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1 | council shall be selected by the residents of the veterans' |
2 | homes. |
3 | (b) Term of office and officers.--Each member of the |
4 | councils appointed from the General Assembly shall serve for the |
5 | duration of that General Assembly. The eight members appointed |
6 | by the Governor shall serve a term of three years, provided that |
7 | the initial eight members selected by the Governor shall serve |
8 | as follows: three members for one year, three members for two |
9 | years and two members for three years as designated by the |
10 | Governor. Each council shall organize as soon as possible and |
11 | shall annually elect a president, vice president and secretary. |
12 | (c) Removal for cause.--The members appointed by the |
13 | Governor may be removed by the Governor for cause. |
14 | (d) Quorum and time of meetings.--Six members of a council |
15 | shall constitute a quorum for the purpose of conducting the |
16 | business of the council. Each advisory council shall meet at |
17 | least quarterly and at other times at the call of the president. |
18 | (e) Expenses.--Members of each advisory council shall |
19 | receive no compensation for their services but shall receive |
20 | reimbursement for their necessary and proper expenses for |
21 | attendance at meetings. |
22 | (f) Power and duty of advisory councils.--Each veterans' |
23 | home advisory council shall advise the Adjutant General as to |
24 | the management, operation and the adequacy of facilities and |
25 | services at their respective homes.] |
26 | § 710. Pennsylvania Veterans' Memorial Trust Fund. |
27 | (a) Administration.--The separate fund in the State Treasury |
28 | known as the Pennsylvania Veterans' Memorial Trust Fund shall be |
29 | administered by the [State Veterans' Commission] department, and |
30 | all moneys in the fund are appropriated to the [State Veterans' |
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1 | Commission] department on a continuing basis. |
2 | * * * |
3 | (c) Contributions and solicitation of funds.-- |
4 | (1) The [State Veterans' Commission] department is |
5 | authorized: |
6 | (i) To accept, on behalf of the Commonwealth, gifts, |
7 | donations, legacies and usages of money from individuals, |
8 | organizations, public or private corporations and other |
9 | similar entities. |
10 | (ii) To solicit and raise moneys from public and |
11 | private sources. |
12 | (2) All money received or raised under this subsection |
13 | shall be paid into the State Treasury and credited to the |
14 | fund. |
15 | § 902. General powers and duties of Adjutant General. |
16 | The Adjutant General as head of the department is responsible |
17 | to the Commonwealth and to the Governor for the organization and |
18 | functioning of said department, and the performance and carrying |
19 | out of all the duties, powers and responsibilities given or |
20 | delegated. In addition he is hereby authorized and directed to: |
21 | * * * |
22 | [(11) Coordinate with other Commonwealth agencies and |
23 | departments, and the respective agencies of the Federal |
24 | Government, all matters relating to veterans' affairs within |
25 | this Commonwealth. |
26 | (12) Appoint a Deputy Adjutant General for Veterans' |
27 | Affairs, who shall serve as the Director of the Bureau for |
28 | Veterans' Affairs.] |
29 | * * * |
30 | [(14) Authorize the admittance of any member of a group |
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1 | which has been granted veterans status by the Secretary of |
2 | Defense and any spouse of a member to State veterans' homes, |
3 | using admission criteria and procedures as established by the |
4 | department by regulation.] |
5 | Section 3. Chapter 17 of Title 51 is repealed: |
6 | [CHAPTER 17 |
7 | STATE VETERANS' COMMISSION |
8 | AND DEPUTY ADJUTANT GENERAL |
9 | FOR VETERANS' AFFAIRS |
10 | Subchapter |
11 | A. State Veterans' Commission |
12 | B. Deputy Adjutant General for Veterans' Affairs |
13 | SUBCHAPTER A |
14 | STATE VETERANS' COMMISSION |
15 | Sec. |
16 | 1701. Definitions. |
17 | 1702. State Veterans' Commission. |
18 | 1703. General powers and duties. |
19 | 1704. Specific powers and duties. |
20 | 1705. Veterans' home hall of fame. |
21 | § 1701. Definitions. |
22 | The following words and phrases when used in this chapter |
23 | shall have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
25 | "Commission." The State Veterans' Commission established by |
26 | this chapter. |
27 | § 1702. State Veterans' Commission. |
28 | (a) Establishment.--There is hereby established within the |
29 | department an advisory commission to be known as the State |
30 | Veterans' Commission. |
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1 | (b) Composition.--The commission shall be composed of: |
2 | (1) The Adjutant General, ex officio, or his designee. |
3 | (2) The State commander, commandant or head, or his |
4 | designee, of each of the following named veterans' |
5 | organizations: |
6 | (i) The American Legion. |
7 | (ii) AMVETS. |
8 | (iii) Blinded Veterans Association. |
9 | (iv) Catholic War Veterans of the United States of |
10 | America. |
11 | (v) Disabled American Veterans. |
12 | (vi) Jewish War Veterans of the United States. |
13 | (vii) Marine Corps League. |
14 | (viii) Military Order of the Purple Heart. |
15 | (ix) State Association of County Directors of |
16 | Veterans' Affairs. |
17 | (x) Veterans of Foreign Wars of the United States. |
18 | (xi) Veterans of World War I of the United States of |
19 | America, Inc. |
20 | (xii) Italian-American War Veterans of the United |
21 | States, Inc. |
22 | (xiii) The Vietnam Veterans of America, Inc. |
23 | (xiv) American Ex-Prisoners of War. |
24 | (xv) Keystone Paralyzed Veterans Association. |
25 | (3) Four members at large appointed by the Governor from |
26 | a list provided by the Adjutant General, each of whom shall |
27 | be a veteran and a member in good and regular standing of a |
28 | Pennsylvania branch, post, lodge or club of a recognized |
29 | national veterans' organization active in this Commonwealth. |
30 | At least one member shall be a female veteran, and at least |
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1 | one member shall be a veteran of the Vietnam era. Members at |
2 | large shall serve a term of four years and until a successor |
3 | has been appointed. |
4 | (4) The State Adjutants of the American Legion, the |
5 | Disabled American Veterans (DAV) and the Veterans of Foreign |
6 | Wars (VFW) and the Executive Director of AMVETS as nonvoting |
7 | members. |
8 | (c) Officers.--The commission shall annually elect a |
9 | chairman and vice chairman at the first meeting of the |
10 | commission after October 1. The Deputy Adjutant General for |
11 | Veterans' Affairs shall serve as the executive secretary to the |
12 | commission. |
13 | (d) Compensation and expenses.--Members of the commission |
14 | shall receive no compensation for their services but shall |
15 | receive reimbursement for their necessary and proper expenses |
16 | for attendance at meetings. |
17 | (e) Meetings and quorum.--The commission shall meet upon the |
18 | call of the chairman or the Adjutant General. Nine members of |
19 | the commission shall constitute a quorum. |
20 | (f) Declared vacancies.--The Governor, upon recommendation |
21 | of the Adjutant General, shall declare a vacancy to exist |
22 | whenever any member at large fails to attend three consecutive |
23 | meetings without good cause. Any declared vacancy shall be |
24 | filled for the unexpired term. |
25 | § 1703. General powers and duties. |
26 | The commission shall advise the Adjutant General and the |
27 | department on all matters pertaining to the status, welfare, |
28 | benefits, employment and support of veterans and veterans' |
29 | programs in this Commonwealth and shall perform such other |
30 | functions as are provided by law. |
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1 | § 1704. Specific powers and duties. |
2 | The commission shall have the following powers and duties: |
3 | (1) Advise the Adjutant General upon such matters as the |
4 | Adjutant General may bring before it. |
5 | (2) Investigate the work of the department and make |
6 | recommendations to it regarding the department's |
7 | administration of the laws providing for the payment of |
8 | pensions and relief, for the marking of graves of veterans |
9 | and for the selection, acquisition and maintenance of a State |
10 | military cemetery. |
11 | (3) Investigate and recommend to the Governor |
12 | legislation for submission to the General Assembly concerning |
13 | veterans and their activities. |
14 | (4) Oversee veterans' emergency assistance payments |
15 | under Chapter 85 (relating to veterans' emergency |
16 | assistance). |
17 | (5) Certify educational gratuity payments for eligible |
18 | children under Chapter 87 (relating to educational gratuity |
19 | program). |
20 | (6) Determine eligibility of veteran applicants for real |
21 | property tax exemptions under Chapter 89 (relating to |
22 | disabled veterans' real estate tax exemption). |
23 | (7) Promulgate rules and regulations governing all |
24 | actions of the commission under paragraphs (4), (5) and (6). |
25 | § 1705. Veterans' home hall of fame. |
26 | (a) General rule.--Each veterans' home operated by the |
27 | Commonwealth shall establish and dedicate a hall of fame to |
28 | recognize and honor the military achievements of outstanding |
29 | veterans who have completed honorable, active duty military |
30 | service and who reside or resided in the geographic region |
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1 | served by the veterans' home. The area or space in the veterans' |
2 | home dedicated to the hall of fame may be used for other |
3 | purposes. |
4 | (b) Selection of inductees.--The advisory council for each |
5 | veterans' home shall, consistent with the guidelines established |
6 | by the commission in subsection (c), nominate eligible veterans |
7 | for induction into the hall of fame by the commission and |
8 | perform such other duties relating to the hall of fame as |
9 | approved by the commission. Any Medal of Honor recipient shall |
10 | be automatically inducted into the hall of fame. |
11 | (c) Oversight.--The commission shall develop guidelines for |
12 | the halls of fame. The guidelines shall include, but not be |
13 | limited to: |
14 | (1) Eligibility criteria for qualified candidates. |
15 | (2) Procedures for nomination of candidates and |
16 | selection of inductees. |
17 | (3) Ceremonies to officially honor the inductees. |
18 | (4) Manner of recognizing or presenting the inductees in |
19 | the halls of fame. |
20 | (5) Maintenance of the halls of fame. |
21 | (6) Duties of the advisory councils of the veterans' |
22 | homes relating to the halls of fame. |
23 | (d) Documentation.--Each eligible veteran or his or her |
24 | representative shall be responsible for obtaining the |
25 | documentation necessary to establish his or her eligibility from |
26 | the National Archives in Washington, D.C., or the National |
27 | Personnel Record Center in St. Louis, Missouri. |
28 | (e) Centralized list.--The State Veterans' Commission shall |
29 | keep a centralized list of all hall of fame inductees from all |
30 | regional veterans' homes. |
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1 | SUBCHAPTER B |
2 | DEPUTY ADJUTANT GENERAL |
3 | FOR VETERANS' AFFAIRS |
4 | Sec. |
5 | 1711. Qualifications and status. |
6 | 1712. Specific duties. |
7 | § 1711. Qualifications and status. |
8 | (a) Deputy Adjutants General.--In addition to such other |
9 | Deputy Adjutants General as may be named in the department, |
10 | there shall be a Deputy Adjutant General for Veterans' Affairs, |
11 | who shall perform the duties under section 1712 (relating to |
12 | specific duties) and such other duties as the Adjutant General |
13 | may assign. |
14 | (b) Appointment.--The Deputy Adjutant General for Veterans' |
15 | Affairs shall be selected and appointed as other Deputy |
16 | Adjutants General are selected and appointed. He shall be a |
17 | veteran and an active member of at least one of the veterans' |
18 | organizations listed under section 1702(b) (relating to State |
19 | Veterans' Commission). |
20 | (c) Compensation.--The compensation of the Deputy Adjutant |
21 | General for Veterans' Affairs shall be as established by law. |
22 | (d) Status.--The Deputy Adjutant General for Veterans' |
23 | Affairs shall be accorded all the rights, emoluments and |
24 | privileges, except pay and allowances, of a brigadier general in |
25 | the Pennsylvania Guard and shall be addressed as "General." |
26 | § 1712. Specific duties. |
27 | In addition to such other duties as may be provided by law or |
28 | as assigned by the Adjutant General, the Deputy Adjutant General |
29 | for Veterans' Affairs shall have the following specific duties: |
30 | (1) To recommend to the Adjutant General and the |
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1 | Governor, with the advice of the State Veterans' Commission, |
2 | new legislation and amendments to existing statutes |
3 | concerning veterans and their activities for consideration by |
4 | the General Assembly. |
5 | (2) To cooperate with all Federal and State departments |
6 | and agencies in the interest of veterans. |
7 | (3) To aid in filing and prosecuting claims of |
8 | Pennsylvania's veterans and their dependents under Federal or |
9 | State laws or regulations. |
10 | (4) To aid veterans in seeking employment or |
11 | reemployment after their honorable discharge from the armed |
12 | forces of the United States. |
13 | (5) To aid veterans requiring medical care in securing |
14 | hospitalization provided by a Federal or State medical or |
15 | care facility. |
16 | (6) To aid in the rehabilitation of injured, wounded or |
17 | compensable veterans in educational institutions or |
18 | vocational training institutions for which they may be |
19 | eligible by law. |
20 | (7) To cooperate with and advise the Department of |
21 | Education with respect to vocational training programs for |
22 | veterans, particularly programs suited to casualties. |
23 | (8) To administer relief provided by the Commonwealth |
24 | for veterans and their dependents. |
25 | (9) To administer the distribution under the direction |
26 | of the Adjutant General of any compensation to veterans or |
27 | their dependents that has been or may be granted by the |
28 | Commonwealth. |
29 | (10) To investigate the work of other State agencies in |
30 | administering laws affecting veterans and their dependents. |
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1 | (11) To investigate, compile and maintain complete and |
2 | accurate data concerning veterans of the armed forces of the |
3 | United States and all State and municipal activities related |
4 | thereto. |
5 | (12) To compile from the records transmitted from the |
6 | various counties of this Commonwealth a record of the burial |
7 | places in this Commonwealth of deceased veterans, including |
8 | such information as the Deputy Adjutant General for Veterans' |
9 | Affairs or his designee deems necessary and appropriate. |
10 | (13) To disseminate information concerning |
11 | Pennsylvania's veterans and Pennsylvania's veterans' programs |
12 | to veterans' organizations, to the public press and other |
13 | media and to the general public. |
14 | (14) To biannually submit, through the Adjutant General, |
15 | to the Governor a report of State activities on behalf of |
16 | veterans. |
17 | (15) To serve as a clearinghouse for all problems or |
18 | issues related to Pennsylvania's veterans and their |
19 | dependents. |
20 | (16) To serve as Executive Secretary of the State |
21 | Veterans' Commission.] |
22 | Section 4. Title 51 is amended by adding chapters to read: |
23 | CHAPTER 18 |
24 | DEPARTMENT OF VETERANS AFFAIRS |
25 | Sec. |
26 | 1801. Definitions. |
27 | 1802. Establishment. |
28 | 1803. Purpose. |
29 | 1804. General powers and duties. |
30 | 1805. Specific powers and duties. |
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1 | 1806. Secretary of Veterans Affairs. |
2 | 1807. Organization. |
3 | 1808. Delegation of authority. |
4 | 1809. Commissions, councils and boards. |
5 | 1810. Bureau for Veterans Benefits Assistance. |
6 | 1811. Local governing bodies and veterans services. |
7 | 1812. County and city veterans service officers. |
8 | 1813. (Reserved). |
9 | 1814. Bureau for State Veterans Homes. |
10 | 1815. Office of Recovery Coordination. |
11 | 1816. State Veterans Commission. |
12 | 1817. Advisory councils for State veterans homes. |
13 | 1818. Prohibitions. |
14 | 1819. Confidentiality of records. |
15 | 1820. Technology services. |
16 | 1821. Reports. |
17 | 1822. Cost reduction measures and acceptance of gifts. |
18 | 1823. Interagency agreements. |
19 | 1824. Conflict of interest. |
20 | 1825. Information of public interest and public complaints. |
21 | 1826. Liberal construction. |
22 | 1827. Conflict between statutes and within statute. |
23 | 1828. Severability. |
24 | § 1801. Definitions. |
25 | The following words and phrases when used in this chapter |
26 | shall have the meanings given to them in this section unless the |
27 | context clearly indicates otherwise: |
28 | "Commission." The State Veterans Commission established |
29 | under this chapter. |
30 | "Commissioners." Members, voting and nonvoting, of the State |
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1 | Veterans Commission. |
2 | "Department." The Department of Veterans Affairs of the |
3 | Commonwealth established under this chapter. |
4 | "Secretary." The Secretary of Veterans Affairs of the |
5 | Commonwealth. |
6 | "VA TRIP." The Veterans Administration Training, |
7 | Responsibility, Involvement of Preparation training program. |
8 | "Veteran." A person who may be entitled to any benefits or |
9 | rights under the laws of the United States and this Commonwealth |
10 | by reason of service in the armed forces of the United States. |
11 | "Veterans service officer." Any of the following: |
12 | (1) A State, county or city employee qualified under |
13 | this chapter to provide benefits counseling and claims |
14 | services. |
15 | (2) A veterans service organization service officer |
16 | accredited by the United States Department of Veterans |
17 | Affairs. |
18 | "Veterans service organization." Any nonprofit organization |
19 | registered in and in good standing with the Commonwealth |
20 | composed principally of and controlled by veterans of the United |
21 | States Armed Forces, incorporated for the purpose of promoting |
22 | programs designed to assist veterans of the armed forces of the |
23 | United States and their Pennsylvania-domiciled surviving |
24 | spouses, orphans and dependents and in good standing with its |
25 | parent national organization, if such a parent organization |
26 | exists. The term shall not include an organization representing |
27 | Federal, State or county government employees who provide |
28 | services to veterans. |
29 | § 1802. Establishment. |
30 | The Department of Veterans Affairs is established as an |
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1 | administrative department within the executive branch of the |
2 | Commonwealth and is vested with the power and authority as set |
3 | forth in this chapter. |
4 | § 1803. Purpose. |
5 | The purpose of the department is to actively aid veterans, |
6 | their dependents, surviving dependents and beneficiaries in |
7 | obtaining or maintaining privileges, rights and benefits to |
8 | which they are entitled under Federal and State laws. |
9 | § 1804. General powers and duties. |
10 | The department is authorized and empowered to do all of the |
11 | following: |
12 | (1) To aid veterans, their dependents, surviving |
13 | dependents and beneficiaries in the presentation, processing, |
14 | proof and establishment of any claims, privileges, rights and |
15 | benefits as they may be entitled to under Federal or State |
16 | laws. The department has the authority to accept power of |
17 | attorney when necessary. |
18 | (2) To aid Commonwealth residents in active military |
19 | service and their dependents with problems arising out of the |
20 | service which come reasonably within the purview of the |
21 | department's program of assistance. |
22 | (3) To collect data and information as to the facilities |
23 | and services available to veterans, their dependents, |
24 | surviving dependents and beneficiaries. |
25 | (4) To inform agencies furnishing information or |
26 | services in this Commonwealth regarding the availability of |
27 | all of the following: |
28 | (i) Education, training and retraining facilities. |
29 | (ii) Health, medical, rehabilitative and housing |
30 | services and facilities. |
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1 | (iii) Employment and reemployment services. |
2 | (iv) Provisions of Federal and State laws affording |
3 | rights, privileges and benefits to veterans and their |
4 | dependents, surviving dependents and beneficiaries. |
5 | (v) Any other matter of a related or appropriate |
6 | nature. |
7 | (5) To establish field offices, facilities and services |
8 | throughout this Commonwealth as may be necessary to carry out |
9 | the purposes of this chapter. |
10 | (6) To cooperate, as the department deems appropriate, |
11 | with governmental, private and civic agencies and |
12 | instrumentalities in securing services or benefits for |
13 | veterans, their dependents, surviving dependents and |
14 | beneficiaries. |
15 | (7) To enter into any contract or agreement with any |
16 | person, firm, corporation or governmental agency or |
17 | instrumentality in furtherance of the purposes of this |
18 | chapter and to make all rules and regulations necessary for |
19 | the proper and effective administration of its duties. The |
20 | department shall have the authority and responsibility to |
21 | apply for and administer any Federal programs and develop and |
22 | coordinate State programs as may be beneficial to the |
23 | particular interests of veterans' dependents, surviving |
24 | dependents and beneficiaries. |
25 | (8) To train, supervise and assist the employees of any |
26 | county or city who are engaged in veterans claims service, |
27 | benefits counseling and awareness programs. The services and |
28 | programs shall be operated in affiliation with and under the |
29 | supervision of the department. |
30 | (9) To train and assist a veterans service officer |
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1 | working for and accredited by a veterans service |
2 | organization, subject to departmental budgetary constraints, |
3 | upon the request of the veterans service organization and if |
4 | the individual works within this Commonwealth. |
5 | (10) To accept any property, funds, services or |
6 | facilities from any source, public or private, granted in aid |
7 | or furtherance of the administration of the provisions of |
8 | this chapter. |
9 | (11) To perform other duties in connection with veterans |
10 | that may be referred to the secretary by the Governor and |
11 | other departments or agencies of the Commonwealth and to be a |
12 | clearinghouse and investigative body for all problems related |
13 | to Pennsylvania veterans, their dependents, surviving |
14 | dependents and beneficiaries. |
15 | § 1805. Specific powers and duties. |
16 | The department shall have the following powers and duties in |
17 | addition to the powers and duties prescribed under section 1804 |
18 | (relating to general powers and duties): |
19 | (1) To administer the laws providing for any of the |
20 | following: |
21 | (i) The programs for veterans' pensions and benefits |
22 | under Chapter 77 (relating to veterans' pensions and |
23 | benefits). |
24 | (ii) The Veterans' Emergency Assistance Program |
25 | established under Chapter 85 (relating to veterans' |
26 | emergency assistance). |
27 | (iii) The Educational Gratuity Program established |
28 | under Chapter 87 (relating to Educational Gratuity |
29 | Program). |
30 | (iv) The program for disabled veterans' real estate |
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1 | tax exemption under Chapter 89 (relating to disabled |
2 | veterans' real estate tax exemption). |
3 | (v) Any relief programs provided by the Commonwealth |
4 | for veterans, their dependents, surviving dependents and |
5 | beneficiaries. |
6 | (vi) The distribution of any compensation, including |
7 | bonuses, to veterans, their dependents, surviving |
8 | dependents and beneficiaries that has been or may be |
9 | granted by the Commonwealth. |
10 | (vii) State veterans homes program. |
11 | (viii) The Scotland School for Veterans' Children. |
12 | (ix) The program under section 9304 (relating to |
13 | grants to veterans' service officer programs). |
14 | (2) To recommend to the Governor new legislation and |
15 | amendments to existing statutes concerning veterans and their |
16 | activities for submission to the General Assembly. |
17 | (3) To aid in securing hospitalization for any veteran |
18 | requiring medical care that may be provided by a Federal or |
19 | State mental, medical or surgical facility specifically |
20 | provided for veterans or in any other public hospital. |
21 | (4) To cooperate with and advise the Department of |
22 | Education and the Department of Labor and Industry on |
23 | vocational training programs and other veterans educational |
24 | programs, particularly programs focused on severe service- |
25 | connected disabilities, for either day or evening |
26 | instruction, or both. |
27 | (5) To investigate the work of other departments of the |
28 | Commonwealth administering laws affecting veterans, their |
29 | dependents, surviving dependents and beneficiaries. |
30 | (6) To investigate, compile and maintain complete and |
|
1 | accurate data concerning the claims of veterans of the armed |
2 | forces of the United States and all related Commonwealth and |
3 | municipal activities. |
4 | (7) To establish an information center for all veterans, |
5 | their dependents, surviving dependents and beneficiaries and |
6 | to disseminate regularly to departments, regions, districts, |
7 | chapters, camps and posts, as appropriate, of veterans |
8 | organizations throughout this Commonwealth, information as |
9 | the secretary shall determine, and to transmit to the public |
10 | press and other media of public information, information |
11 | relative to veterans as may be of public interest. |
12 | (8) To submit annually to the Governor a performance and |
13 | accountability report of State activities on behalf of |
14 | veterans. |
15 | (9) To appoint an executive secretary to the State |
16 | Veterans Commission. |
17 | (10) To submit for accreditation to the United States |
18 | Department of Veterans Affairs in accordance with 38 CFR |
19 | (relating to pensions, bonuses, and veterans' relief) all |
20 | State, county and city employees performing the duties of |
21 | veterans service officers and to ensure that they are |
22 | periodically recertified as required by the department and |
23 | the United States Department of Veterans Affairs. |
24 | (11) To enter into agreements with veterans service |
25 | organizations for the purpose of obtaining dual accreditation |
26 | for State, county and city veterans service officers. |
27 | (12) To specify to the counties and cities those |
28 | reports, accountings and other information it may require. |
29 | (13) To implement a networked computer system and |
30 | management information system for the automated submission, |
|
1 | reviewing and tracking of claims and for the purposes of |
2 | assisting in the annual performance evaluation of the |
3 | department. |
4 | (14) To develop and implement departmental performance |
5 | management measurement standards. |
6 | (15) To act as a fiduciary. The secretary shall act |
7 | without bond as conservator of the estate of a beneficiary of |
8 | the United States Department of Veterans Affairs when the |
9 | secretary determines no other suitable person will do so. |
10 | (16) To receive and integrate all Governor’s Veterans |
11 | Outreach and Assistance Center Program personnel from the |
12 | five regions into the department in accordance with Chapter |
13 | 86 (relating to transfer of the Governor's Veterans Outreach |
14 | and Assistance Center Program) and this chapter, provided |
15 | Federal funding continues. |
16 | (17) To legally represent veterans, upon request, in |
17 | their claims appeals before the United States Department of |
18 | Veterans Affairs’ Board of Veterans Appeals and the United |
19 | States courts, inclusive of the United States Court of |
20 | Appeals for Veterans Claims and to legally represent |
21 | veterans, upon request, in the enforcement of existing |
22 | Federal and State veterans employment and preference laws. |
23 | (18) To take necessary action to assure that proper and |
24 | continuous care and assistance is being rendered to seriously |
25 | wounded or disabled veterans to restore them to as normal a |
26 | life as practicable. |
27 | § 1806. Secretary of Veterans Affairs. |
28 | (a) Department head.--The executive head and appointing |
29 | authority of the department shall be the Secretary of Veterans |
30 | Affairs. The secretary shall serve at the pleasure of the |
|
1 | Governor. |
2 | (b) Appointment.--The Governor shall nominate and appoint in |
3 | accordance with the provisions of the Constitution of |
4 | Pennsylvania, by and with the advice and consent of a majority |
5 | of the members elected to the Senate, a Secretary of Veterans |
6 | Affairs. |
7 | (c) Qualifications.--The secretary shall be an honorably |
8 | discharged veteran of the armed forces of the United States and |
9 | a United States citizen with proven managerial experience and |
10 | success. |
11 | (d) Salary.--The secretary shall be paid a fixed salary by |
12 | the Governor in accordance with the standards established by the |
13 | executive board. |
14 | (e) Vacancy and succession.--If a vacancy occurs in the |
15 | position of secretary while the Senate is not in session, the |
16 | Governor shall make a temporary appointment until the next |
17 | meeting of the Senate, when the Governor shall present the |
18 | nomination for the office to that body in accordance with the |
19 | provisions of the Constitution of Pennsylvania. |
20 | (f) General powers and duties.--The secretary shall have all |
21 | of the following powers and duties: |
22 | (1) To conduct, control and supervise the department. |
23 | (2) To appoint, employ and determine the powers and |
24 | duties together with the salaries and other expenses of |
25 | clerical and other personnel as are necessary to carry out |
26 | the duties of the department. |
27 | (3) To perform all other matters and things necessary to |
28 | carry out the provisions of this chapter. |
29 | (4) To develop a system of annual performance evaluation |
30 | based on qualitatively and quantitatively measurable job |
|
1 | tasks. |
2 | (5) To cooperate fully with the commission in matters |
3 | related to the duties of the commission. |
4 | § 1807. Organization. |
5 | (a) Staff.--The secretary may appoint assistants and |
6 | executive staff as may be needed to administer the department. |
7 | All appointees made under this subsection shall be veterans and |
8 | shall serve at the pleasure of the secretary. |
9 | (b) Deputy secretary.--The secretary shall designate a |
10 | deputy secretary from the executive staff who shall have charge |
11 | and general supervision of the department in the absence or |
12 | disability of the secretary. In case of a vacancy in the office |
13 | of secretary, the deputy secretary shall continue in charge of |
14 | the department until a successor is appointed and qualified or |
15 | until the Governor appoints a temporary acting secretary. |
16 | (c) Exemption.--Management level employees of the department |
17 | are exempt from the provisions of the act of August 5, 1941 |
18 | (P.L.752, No.286), known as the Civil Service Act. For purposes |
19 | of this subsection, the term "management level employee" means |
20 | any individual who is involved directly in the determination of |
21 | policy or who responsibly directs the implementation of policy |
22 | and includes all employees above the first level of supervision. |
23 | (d) Preference.--Unless otherwise provided by law, the |
24 | secretary shall give preference to veterans for positions in the |
25 | department. |
26 | (e) Special instructions.--While it is the intention of the |
27 | General Assembly to give the secretary flexibility in organizing |
28 | the department, the secretary shall perform all of the |
29 | following: |
30 | (1) The secretary shall create the Bureau of Veterans |
|
1 | Benefits Assistance and the Bureau of State Veterans Homes to |
2 | provide field services. Each bureau shall be administered by |
3 | a director. The secretary shall also create an Office of |
4 | Recovery Coordination administered by a chief. |
5 | (2) In addition to the functions administered by the |
6 | entities established in paragraph (1), the secretary shall |
7 | ensure the department has the following minimum functional |
8 | capabilities, which may be obtained through hired employees, |
9 | contract operations or interagency agreements as the |
10 | secretary deems best suited to fulfill needs as follows: |
11 | (i) Information and research capability to |
12 | disseminate information and statistical analysis of |
13 | pertinent data, inclusive of management analysis and |
14 | program development requirements. |
15 | (ii) Personnel management capability for human |
16 | resource needs. |
17 | (iii) Fiscal management capability. |
18 | (iv) Purchasing capability for all purchasing and |
19 | reproduction needs. |
20 | (v) Administrative and automated data processing |
21 | (ADP) support. |
22 | (vi) Staff development capability to provide |
23 | professional education to employees and county and city |
24 | veterans service officers. |
25 | (vii) Legal expertise on veterans' matters to |
26 | include appeals before boards and courts under sections |
27 | 1804 (relating to general powers and duties) and 1805 |
28 | (relating to specific powers and duties). |
29 | (viii) Legislative affairs capability to represent |
30 | the department on all matters involving legislation at |
|
1 | Federal and State levels. |
2 | (ix) Inspection capability to investigate and report |
3 | on organizational matters and to audit the performance of |
4 | the department in its various functional areas. |
5 | (3) The secretary will establish and maintain, through |
6 | contracts or other agreements, the headquarters and service |
7 | offices in whatever locations the secretary determines to be |
8 | necessary to carry out the provisions of this chapter. |
9 | § 1808. Delegation of authority. |
10 | The secretary may delegate any power or duty vested in or |
11 | transferred to the secretary by law or executive order to the |
12 | deputy secretary or to any other assistant or subordinate, but |
13 | the secretary shall be responsible for the official acts of the |
14 | officers and employees of the department. |
15 | § 1809. Commissions, councils and boards. |
16 | The secretary shall recognize and support the following |
17 | commissions, councils and boards: |
18 | (1) The State Veterans Commission. |
19 | (2) The State Veterans homes advisory councils. |
20 | (3) The Board of Trustees of the Scotland School for |
21 | Veterans' Children. |
22 | (4) Other State government veterans councils and |
23 | commissions that exist or may be formed by the Commonwealth |
24 | from time to time. |
25 | § 1810. Bureau for Veterans Benefits Assistance. |
26 | (a) Establishment.--The Bureau for Veterans Benefits |
27 | Assistance is established as a bureau within the department. |
28 | (b) Director.--The Director for Veterans Benefits Assistance |
29 | shall have supervisory authority over the Bureau for Veterans |
30 | Benefits Assistance. The secretary shall appoint and may remove |
|
1 | the director for just cause. |
2 | (c) Powers and duties.-- |
3 | (1) The Bureau for Veterans Benefits Assistance shall |
4 | have the power and duty to aid members of the armed forces of |
5 | the United States on active duty under section 1804(2) |
6 | (relating to general powers and duties) and veterans, who are |
7 | residents of this Commonwealth, and their dependents, |
8 | surviving dependents and beneficiaries in relation to matters |
9 | pertaining to all of the following: |
10 | (i) Educational training and retraining services and |
11 | facilities. |
12 | (ii) Health, medical and rehabilitation services and |
13 | facilities. |
14 | (iii) Provisions of Federal and State laws affording |
15 | special rights and privileges to members of the armed |
16 | forces and veterans and their dependents, dependent |
17 | survivors and beneficiaries. |
18 | (iv) Employment and reemployment services. |
19 | (v) Other matters of similar, related or appropriate |
20 | nature. |
21 | (2) The Bureau for Veterans Benefits Assistance shall |
22 | supervise the county and city veterans service officers |
23 | during the performance of their duties involving submission, |
24 | follow-up and reconsiderations of claims for benefits and |
25 | services filed on behalf of veterans, benefits counseling and |
26 | benefits awareness programs. The supervision shall not |
27 | include duties and tasks performed by the county and city |
28 | veterans service officers which pertain solely to local |
29 | activities or are required under other State laws. The Bureau |
30 | for Veterans Benefits Assistance shall be responsible for |
|
1 | veterans service officer training under section 1812 |
2 | (relating to county and city veterans service officers). |
3 | (3) The Bureau for Veterans Benefits Assistance shall |
4 | have the capability of representing veterans before the Board |
5 | of Veterans Appeals and the Court of Veterans Appeals. |
6 | (4) The Bureau for Veterans Benefits Assistance shall |
7 | provide guidance to establish reporting requirements and |
8 | formats, coordinate with and monitor the progress of veterans |
9 | service organizations providing service officers under the |
10 | State grant under the terms of the grant and authorizing |
11 | statute for the secretary. |
12 | (5) The Bureau for Veterans Benefits Assistance shall |
13 | perform any other duties as may be assigned by the secretary. |
14 | (d) Field offices.--With the approval of the secretary, the |
15 | Director of the Bureau of Veterans Benefits Assistance may do |
16 | any of the following: |
17 | (1) Establish, alter or abolish bureau districts within |
18 | this Commonwealth and establish, alter or abolish any |
19 | subordinate State field offices within the districts. |
20 | (2) Appoint and remove a supervisor for a district or |
21 | office. |
22 | (3) Appoint officers, consultants, clerks and other |
23 | employees as may be necessary to administer the functions of |
24 | the Bureau of Veterans Benefits Assistance, fix their |
25 | compensation within the limitation provided by law and |
26 | prescribe their duties. |
27 | (e) Qualifications for State veterans service officers.--A |
28 | State veterans service officer shall meet all of the following |
29 | qualifications: |
30 | (1) Be a United States citizen. |
|
1 | (2) Be a veteran who served at least 18 months of active |
2 | duty in the armed forces of the United States and was |
3 | separated from the service under honorable conditions. An |
4 | honorably discharged veteran who was discharged for service- |
5 | connected or aggravated medical reasons before serving 18 |
6 | months of active duty and who completed a tour of duty other |
7 | than active duty for training, regardless of the length of |
8 | the tour, or who satisfied his or her military obligation in |
9 | a manner other than active duty for training or reserve duty, |
10 | shall be eligible under this paragraph. |
11 | (3) Have at least a high school degree or equivalency |
12 | diploma. |
13 | (4) Have at least four years of successful |
14 | administrative or managerial experience or several years of |
15 | successful veterans service officer experience. |
16 | (5) Become accredited in accordance with 38 CFR 14.629 |
17 | (relating to requirements for accreditation of service |
18 | organization representatives; agents; and attorneys). |
19 | (f) Training of State veterans service officers.-- |
20 | (1) State veterans service officers must be accredited |
21 | and annually recertified in accordance with the requirements |
22 | of this chapter. |
23 | (2) State veterans service officers shall serve an |
24 | internship of 18 months under the direct supervision of an |
25 | experienced and accredited State veterans service officer. |
26 | The department shall sponsor an intern before the United |
27 | States Department of Veterans Affairs for their accreditation |
28 | in accordance with 38 CFR (relating to pensions, bonuses, and |
29 | veterans' relief) if the intern provides satisfactory proof |
30 | of all of the following: |
|
1 | (i) Successful completion of the internship. |
2 | (ii) Procurement of a letter of recommendation from |
3 | the supervising State veterans service officer. |
4 | (iii) Achievement of a score of 80% or higher on a |
5 | State-developed test approved by the United States |
6 | Department of Veterans Affairs. |
7 | (3) The Bureau of Veterans Benefits Assistance shall |
8 | establish a periodic refresher, update and advanced training |
9 | program, inclusive of VA TRIP (Training, Responsibility, |
10 | Involvement of Preparation) claims training or its equivalent |
11 | which State veterans service officers must attend and |
12 | successfully pass as a condition of continued employment. |
13 | (4) The Bureau for Veterans Benefits Assistance will |
14 | work with the VA Regional Offices in Philadelphia and |
15 | Pittsburgh to maximize the level of training for bureau |
16 | personnel. |
17 | (5) The Bureau for Veterans Benefits Assistance shall |
18 | maintain a file on each participant in VA TRIP training |
19 | together with scoring and certification. |
20 | § 1811. Local governing bodies and veterans services. |
21 | (a) Aid.--Notwithstanding any other law, the governing body |
22 | of a county shall and the governing body of a city may aid and |
23 | assist, wherever practical and feasible, a veteran who has |
24 | served in the armed forces of the United States and received an |
25 | honorable discharge from any branch of the military service of |
26 | the United States, and their dependents or surviving dependents, |
27 | in presenting claims for and securing compensation, |
28 | hospitalization, education, loans, career training and other |
29 | benefits or privileges to which the veteran or the veteran's |
30 | dependents or surviving dependents are or may become entitled |
|
1 | under any Federal or State law by reason of their service in the |
2 | armed forces of the United States except that all claims work |
3 | will be processed as directed by the secretary. |
4 | (b) Agreements.--The governing body of a county and of a |
5 | city in this Commonwealth may, by majority vote of the full |
6 | governing bodies, enter into agreements to do any of the |
7 | following to accomplish subsection (a): |
8 | (1) Work jointly with any contiguous county or |
9 | contiguous city within the county. |
10 | (2) Employ jointly a veterans service officer. |
11 | § 1812. County and city veterans service officers. |
12 | (a) General requirement.--County and city personnel active |
13 | in the capacity of veterans service officer must be accredited |
14 | by the department, regardless of prior qualifications or other |
15 | sources of accreditation and, unless the veteran applicant |
16 | directs otherwise, submit all claims through the Bureau for |
17 | Veterans Benefits Assistance. |
18 | (b) Qualifications.--In order for the department to |
19 | recognize, accredit and assist a county or city veterans service |
20 | officer, that person must do all of the following: |
21 | (1) Meet the qualifications of a State veterans service |
22 | officer under section 1810(e) (relating to Bureau of Veterans |
23 | Benefits Assistance). |
24 | (2) Be approved by the department under subsection (c). |
25 | (c) Approval required.--Any county or city desiring to |
26 | employ a county or city veteran service officer under this |
27 | section shall notify the department of its intention and shall |
28 | furnish the department with the name of any person applying, |
29 | along with documentation supporting the person's qualifications. |
30 | The department, upon receipt, shall certify to the county or |
|
1 | city the names of candidates for the position who meet the |
2 | requirements and qualifications prescribed by the department. |
3 | The county or city may employ any person, but only a person |
4 | certified by the department shall be accredited by the |
5 | department to act as a veterans service officer in this |
6 | Commonwealth. The department is under no obligation to recognize |
7 | or assist county or city employees who are not accredited. |
8 | Duties, compensation and terms of employment shall be prescribed |
9 | by the appropriate governing body. |
10 | (d) Subject to department rules.--Any person employed by any |
11 | county or city under this section shall be subject to |
12 | regulations promulgated by the department. County and city |
13 | veterans service officers who are not performing up to the |
14 | standards of the department shall have their accreditation |
15 | revoked and shall be recommended to the appropriate governing |
16 | body for removal. |
17 | (e) Training, accreditation and reimbursement.--The |
18 | department is directed to establish a training program for |
19 | county and city veterans service officers. Every county or city |
20 | veterans service officer employed under this section shall |
21 | attend the training program established by the department and |
22 | successfully complete a State-developed test approved by the |
23 | United States Department of Veterans Affairs and administered by |
24 | the department prior to assuming any responsibilities as a |
25 | county or city veterans service officer. The department shall do |
26 | all of the following: |
27 | (1) Sponsor the individual before the United States |
28 | Department of Veterans Affairs for their accreditation in |
29 | accordance with 38 CFR (relating to pensions, bonuses, and |
30 | veterans' relief). |
|
1 | (2) Recertify a qualified individual periodically as |
2 | required by the department and the United States Department |
3 | of Veterans Affairs. |
4 | (3) Establish a periodic refresher, update and advanced |
5 | training program which each county or city veterans service |
6 | officer must attend and successfully complete as a condition |
7 | of remaining in employment as a county or city veterans |
8 | service officer. The training will include VA TRIP claims |
9 | training. |
10 | (4) Work with the VA Regional Offices in Philadelphia |
11 | and Pittsburgh and other organizations known for high |
12 | standards of training to maximize the level of training for |
13 | county directors of veterans affairs personnel. |
14 | (5) Maintain a file on each county participant in VA |
15 | TRIP training together with scoring and certification. |
16 | (6) Reimburse county and city veterans service officers |
17 | for travel expenses incurred while fulfilling the |
18 | requirements of this section. |
19 | (f) Current veterans service officers.--County or city |
20 | veterans service officers employed prior to the effective date |
21 | of this subsection shall be exempt from the provisions of |
22 | subsection (b)(2) and section 1810(e)(2), (3) and (4). County or |
23 | city veterans service officers who are not accredited on the |
24 | effective date of this subsection shall, in order to continue |
25 | employment as a county or city veterans service officer, become |
26 | accredited within 12 months of the effective date of this |
27 | subsection. |
28 | § 1813. (Reserved). |
29 | § 1814. Bureau for State Veterans Homes. |
30 | (a) Establishment.--The Bureau for State Veterans Homes is |
|
1 | established as a bureau within the department. |
2 | (b) Powers and duties.--The Bureau for State Veterans Homes |
3 | shall have the following powers and duties: |
4 | (1) To make recommendations to the secretary regarding |
5 | the maintenance and operation of State veterans homes and the |
6 | Scotland School for Veterans' Children. |
7 | (2) To operate State veterans homes and the Scotland |
8 | School for Veterans' Children. |
9 | (3) To accept gifts, grants or payments for the use of |
10 | each State veterans home and the Scotland School for |
11 | Veterans' Children. |
12 | (4) To establish a schedule of fees to be charged to |
13 | residents of the State veterans homes. The fees shall be |
14 | based on the level of service or care required and the |
15 | ability of the resident to pay. The department shall |
16 | establish the level of service to be provided in accordance |
17 | with the Federal Department of Veterans Affairs standards of |
18 | nursing and domiciliary care. |
19 | (5) To perform any other duties assigned by the |
20 | secretary. |
21 | (c) Director.--The Director for State Veterans Homes shall |
22 | have supervisory authority over the Bureau for State Veterans |
23 | Homes. The secretary shall appoint and may remove the director |
24 | for just cause. The director shall have the following powers and |
25 | duties: |
26 | (1) To appoint, with the approval of the secretary, |
27 | commandants qualified and licensed in this Commonwealth as |
28 | nursing home administrators to administer each State veterans |
29 | home. When possible, commandants will be veterans. |
30 | (2) To appoint, with the approval of the secretary, a |
|
1 | person to be Superintendent of the Scotland School for |
2 | Veterans' Children. |
3 | (3) To approve the appointment of officers and employees |
4 | by the State Veterans' Homes Commandants and the |
5 | Superintendent of the Scotland School for Veterans' Children. |
6 | § 1815. Office of Recovery Coordination. |
7 | (a) Establishment.--In recognition of the increasing rate of |
8 | survivable but serious injuries in modern warfare and the |
9 | frequent need to coordinate multiple Federal and State |
10 | Government agencies and other organizations to properly ensure |
11 | proper care and recovery of the disabled in an effort to restore |
12 | them to as normal a physical, mental and emotional life as is |
13 | practicable, the Office of Recovery Coordination is established |
14 | as an office within the department. |
15 | (b) Service.--Veterans to be served by the Office of |
16 | Recovery Coordination shall include those who suffer from |
17 | debilitating injuries such as major amputation, severe blinding, |
18 | profound deafness, total loss of speech, spinal cord injury, |
19 | traumatic brain injury or severe mental health issues, or a |
20 | combination of any of these injuries, that are subsequent to |
21 | combat or training accident while on active duty. The veteran |
22 | must qualify as a veteran under United States Department of |
23 | Veterans Affairs' standards and must be domiciled in |
24 | Pennsylvania. The secretary shall establish any necessary |
25 | additional criteria. |
26 | (c) Powers and duties.--The Office of Recovery Coordination |
27 | shall have the following powers and duties: |
28 | (1) To ensure the veterans to be served, via telephone |
29 | calls and visits, are linked with those public and private |
30 | resources, to include those of the department, that will aid |
|
1 | in their recovery. |
2 | (2) To ensure the veterans to be served have |
3 | individualized recovery plans which not only address |
4 | immediate rehabilitation needs but also training or |
5 | retraining for employment as appropriate. |
6 | (3) To actively coordinate with the responsible agents |
7 | within the United States Department of Veterans Affairs, the |
8 | United States Department of Defense, the Commonwealth’s |
9 | Department of Education, the Department of Labor and |
10 | Industry, Department of Public Welfare, Department of Health, |
11 | Department of Aging, the Governor’s Cabinet and Advisory |
12 | Committee for People with Disabilities and various nonprofits |
13 | to develop and improve their efforts. |
14 | (4) To monitor and evaluate the performance of the |
15 | affected Federal and State agencies, their recovery programs, |
16 | inclusive of training and retraining programs for employment, |
17 | their tracking and outreach efforts and to report on these to |
18 | the secretary. |
19 | (5) To make recommendations to the secretary regarding |
20 | those actions, programs and legislation required at a State |
21 | level to improve the coordination and implementation of |
22 | Federal and State services required to rehabilitate and |
23 | maintain the veterans to be served. |
24 | (d) Chief.--The chief of the Office of Recovery Coordination |
25 | shall have supervisory authority over the office. The secretary |
26 | shall appoint and may remove the chief for just cause. The chief |
27 | shall have the following powers and duties: |
28 | (1) To hire, with the approval of the secretary, |
29 | assistants. |
30 | (2) Other powers and duties as assigned by the |
|
1 | secretary. |
2 | § 1816. State Veterans Commission. |
3 | (a) Establishment.--There is established and assigned to the |
4 | department an advisory commission to the secretary to be known |
5 | as the State Veterans Commission. The commission shall not be |
6 | subject to control, supervision or direction by the department. |
7 | (b) Composition.--The commission shall be composed of all of |
8 | the following: |
9 | (1) The State commander, commandant, president or head, |
10 | or his designee, of each of the following veterans service |
11 | organizations, each having voting authority for one, |
12 | nonsuccessive term not to exceed two years: |
13 | (i) The American Legion. |
14 | (ii) Veterans of Foreign Wars of the United States. |
15 | (iii) AMVETS. |
16 | (iv) Disabled American Veterans. |
17 | (v) Marine Corps League. |
18 | (vi) Military Order of the Purple Heart. |
19 | (vii) The Vietnam Veterans of America, Inc. |
20 | (viii) Blinded Veterans Association. |
21 | (ix) Keystone Paralyzed Veterans of America. |
22 | (x) Jewish War Veterans of America. |
23 | (xi) Catholic War Veterans of the United States. |
24 | (xii) Italian-American War Veterans of the United |
25 | States, Inc. |
26 | (xiii) American Ex-prisoners of War. |
27 | (xiv) Military Officers Association of America. |
28 | (xv) A veterans service organization, selected by |
29 | the secretary, composed principally of veterans from the |
30 | Global War on Terrorism era, and dedicated to promoting |
|
1 | their issues. More than one such organization may be |
2 | represented. |
3 | (2) Another State-level officer designated by the State |
4 | commander of the veterans service organizations listed below, |
5 | each having voting authority for one, nonsuccessive term not |
6 | to exceed two years: |
7 | (i) The American Legion. |
8 | (ii) Veterans of Foreign Wars of the United States. |
9 | (iii) AMVETS. |
10 | (iv) Disabled American Veterans. |
11 | (3) Four at-large citizen members with voting authority |
12 | appointed by the Governor from a list provided by the |
13 | secretary for nonsuccessive terms not to exceed three years. |
14 | Organizational affiliation shall not be a prerequisite for |
15 | recommendation or appointment, and the individual shall not |
16 | represent or be an officer in any veterans services |
17 | organization listed under subsection (b)(1). |
18 | (4) The following members as nonvoting, ex officio |
19 | members: |
20 | (i) The Adjutant General. |
21 | (ii) The Secretary of Labor and Industry. |
22 | (iii) The Secretary of Education. |
23 | (iv) A senior officer or flag officer from the |
24 | reserves appointed by the United States Department of |
25 | Defense at the request of the Governor. |
26 | (5) The secretary may appoint the head of an agency or a |
27 | designee as a nonvoting ex officio member, such as the |
28 | American Red Cross and Employee Support to the Guard and |
29 | Reserves (ESGR). |
30 | (6) The Governor may appoint additional nonvoting |
|
1 | members as recommended by an individual or organization, |
2 | including veterans service organizations. Organizational |
3 | affiliation shall not be a prerequisite for recommendation or |
4 | appointment. |
5 | (7) In making an appointment and in addition to the |
6 | general qualification requirements found in subsection (d), |
7 | the Governor shall endeavor to ensure the commission has |
8 | appointees of such qualifications and experience as will |
9 | allow expertise and insight into best practices in benefits |
10 | claims services, medical and health care management, |
11 | education and retaining services, employment services, and |
12 | performance measurements and general management principles. |
13 | Each of these five areas of expertise should be represented |
14 | on the commission by at least one appointee per area of |
15 | expertise in order to allow for the commission to be capable |
16 | of recommending or advising on reasonable and effective |
17 | policy recommendations related to the department services |
18 | provided to veterans of the armed forces of the United States |
19 | and their Pennsylvania-domiciled dependents or surviving |
20 | dependents. |
21 | (c) Terms.--Ex officio members shall serve terms coincident |
22 | with their terms of office. The veterans service organizations’ |
23 | and at-large citizen member shall be required to serve for terms |
24 | specified under subsection (b)(1), (2) and (3). A staggering |
25 | scheme, if desired, shall be implemented by executive order. All |
26 | members who are not ex officio may be reappointed, but not for |
27 | successive terms. The remainder of any term in excess of six |
28 | months to which a member is appointed to fill a vacancy shall |
29 | constitute a term in determining the member’s eligibility for |
30 | reappointment. Each member of the commission shall take an oath |
|
1 | of office, as required by the Commonwealth, that the member |
2 | will, so far as it devolves upon the member, diligently and |
3 | honestly administer the affairs of the commission and that the |
4 | member will not knowingly violate or willfully permit to be |
5 | violated any of the provisions of law applicable to this |
6 | chapter. The oath shall be subscribed by the individual taking |
7 | it and certified by the officer before whom it is taken and |
8 | shall be immediately filed in the Office of the Secretary of the |
9 | Commonwealth. |
10 | (d) General qualifications.--A commissioner must meet all of |
11 | the following qualifications: |
12 | (1) Be a veteran who has been separated from the armed |
13 | forces of the United States under honorable conditions, |
14 | except for ex officio members. |
15 | (2) Be a United States citizen. |
16 | (3) Be a legal resident of this Commonwealth. |
17 | (4) Not be, if a voting member, an employee of Federal, |
18 | State, city or county Government whose duties involve |
19 | veterans services. |
20 | (5) Not be a contractor under contract or subcontract |
21 | with the department or an employee of such a contractor. |
22 | (e) Officers.--One of the voting members of the commission |
23 | shall be designated as chairperson by the Governor. The |
24 | designation shall be in writing and shall be filed with the |
25 | commission. The commission shall designate its vice chairperson |
26 | from among the voting members. No officer shall serve two |
27 | consecutive terms. The secretary shall provide an executive |
28 | secretary. |
29 | (f) Meetings and quorums.--The commission shall meet at |
30 | least quarterly, unless asked by the secretary through the |
|
1 | chairperson that a special session be held, at any place within |
2 | this Commonwealth upon the call of the chairperson. A quorum |
3 | shall consist of 50% of the voting members of the commission |
4 | plus one additional voting member. |
5 | (g) Removal.--The Governor may suspend a member of the |
6 | commission only for cause. Upon the recommendation of the |
7 | secretary, the Governor shall declare a vacancy whenever a |
8 | commissioner, or his appointed representative, fails to attend |
9 | three consecutive meetings without good cause. |
10 | (h) Vacancies.--A vacancy shall be filled for the remainder |
11 | of the unexpired term in the same manner as the original |
12 | appointment. |
13 | (i) Compensation and reimbursement.--Commissioners shall |
14 | receive no salary or other compensation but shall be entitled to |
15 | receive expenses actually and necessarily incurred in the |
16 | performance of their duties. |
17 | (j) Powers and duties.--The commission shall have the |
18 | following powers and duties: |
19 | (1) To serve as a monitoring body to ensure that the |
20 | department is meeting the intentions of the Governor and the |
21 | General Assembly in being a proactive advocate on behalf of |
22 | veterans and their dependents, surviving dependents and |
23 | beneficiaries. |
24 | (2) To advise the secretary on all matters pertaining to |
25 | the status, welfare, benefits, employment and other support |
26 | of veterans in this Commonwealth. |
27 | (3) To advise the secretary and the Governor on any |
28 | veterans affairs matter they bring before the commission. |
29 | (4) To assist the secretary in the formulation of |
30 | policies affecting veterans. |
|
1 | (5) To investigate the work of the department and make |
2 | recommendations to it regarding its administration of |
3 | applicable Federal and State laws, including State veterans |
4 | programs assigned to the department. |
5 | (6) To investigate and recommend to the secretary |
6 | legislation for submission to the General Assembly concerning |
7 | veterans and their activities. |
8 | (7) To work with the veterans service organizations, |
9 | associations and other organizations dedicated to veterans to |
10 | obtain their views and positions on all matters related to |
11 | veterans. |
12 | (8) To conduct a biennial survey, due no later than |
13 | April 1, of possible contributions that veterans service |
14 | organizations, associations and other nonprofit organizations |
15 | concerned with veterans benefits could make to the |
16 | Commonwealth and report these results to the department |
17 | together with recommendations for encouraging the |
18 | contributions. |
19 | (9) To conduct an annual review on veterans issues for |
20 | the purpose of identifying those issues most urgently in need |
21 | of departmental, gubernatorial or legislative action. The |
22 | results of the review shall be formally reported in writing |
23 | to the Governor, the department, the President pro tempore of |
24 | the Senate and the Speaker of the House of Representatives. |
25 | (10) To present legislative testimony for any action |
26 | requiring legislative involvement. |
27 | (11) To nominate members to sit on the State veterans |
28 | homes advisory councils to the secretary. |
29 | (12) To induct persons nominated by the advisory |
30 | councils for State veterans homes to each veterans home hall |
|
1 | of fame. |
2 | (k) Administration prohibited.--The commission shall not |
3 | administer any veterans programs or portions of veterans |
4 | programs for the department. |
5 | (l) Administrative support.--In addition to an executive |
6 | secretary, the secretary shall provide the commission with |
7 | additional administrative staff support as required in the |
8 | performance of their duties. |
9 | (m) Organization. |
10 | (1) The commission shall be organized with at least four |
11 | subcommittees that shall be responsible for advising the |
12 | commission on the following: |
13 | (i) Veterans benefits claims services. |
14 | (ii) Veterans health care services. |
15 | (iii) Educational services. |
16 | (iv) Employment services. |
17 | (2) Each committee will be composed officially of at |
18 | least three and not more than five members and will meet |
19 | together at the call of the chairperson but not to exceed |
20 | bimonthly if State compensation and reimbursement are |
21 | involved. |
22 | (n) Compliance.--The secretary shall monitor the commission |
23 | to ensure that the composition and qualification requirements of |
24 | this section are met. |
25 | § 1817. Advisory councils for State veterans homes. |
26 | (a) Establishment.--There is established an advisory council |
27 | to the Director for State Veterans Homes and the commandant of |
28 | State veterans homes and the secretary for each veterans home |
29 | operated by the department. The council shall not be subject to |
30 | control, supervision or direction by the department. |
|
1 | (b) Composition.-- |
2 | (1) Each advisory council established under subsection |
3 | (a) shall consist of the following members: |
4 | (i) Ten members appointed by the Governor from a |
5 | list of nominations submitted to the secretary by the |
6 | State Veterans Commission. |
7 | (ii) One nonvoting member of the Senate appointed by |
8 | the President pro tempore of the Senate. |
9 | (iii) One nonvoting member of the Senate appointed |
10 | by the Minority Leader of the Senate. |
11 | (iv) One nonvoting member of the House of |
12 | Representatives appointed by the Speaker of the House of |
13 | Representatives. |
14 | (v) One nonvoting member of the House of |
15 | Representatives appointed by the Minority Leader of the |
16 | House of Representatives. |
17 | (vi) One member appointed by the residents of the |
18 | State veterans homes. |
19 | (vii) The Director for State Veterans Homes, who |
20 | shall serve as a nonvoting ex officio member. |
21 | (viii) The commandant of the State veterans home, |
22 | who shall serve as a nonvoting ex officio member. |
23 | (ix) Any members appointed under paragraph (2). |
24 | (2) The secretary may appoint the head of a State agency |
25 | or a designee as a nonvoting ex officio member. |
26 | (c) Terms of service.--Each member of an advisory council |
27 | appointed from the General Assembly shall serve until the |
28 | succeeding General Assembly is seated. With the exception of ex |
29 | officio members, all other members shall serve a term of three |
30 | years. Appointments will be staggered as much as practicable. A |
|
1 | member shall be eligible for reappointment. |
2 | (d) Qualifications.--To promote understanding of the |
3 | specific needs of the veterans in a home and knowledge of the |
4 | management and operations of the home, advisory council members, |
5 | except ex officio members, shall reside within 60 miles. The |
6 | secretary may formally waive this requirement on a case-by-case |
7 | basis to gain expertise. |
8 | (e) Officers.--Each advisory council shall organize as soon |
9 | as possible after the effective date of this section and shall |
10 | annually elect a president, vice president and secretary, |
11 | selected from the voting members. |
12 | (f) Meetings and quorums.--Nine members of an advisory |
13 | council shall constitute a quorum for the purpose of conducting |
14 | the business of the advisory council. Each advisory council |
15 | shall meet at least quarterly and at other times at the call of |
16 | the president. |
17 | (g) Removal for cause.--Each member may be removed for cause |
18 | by the member's respective appointing authority. |
19 | (h) Vacancies.--A vacancy shall be filled for the remainder |
20 | of the unexpired term in the same manner as the original |
21 | appointment. |
22 | (i) Compensation and reimbursement.--Members of each |
23 | advisory council shall receive no compensation for their |
24 | services but shall receive reimbursement from the department for |
25 | their necessary and proper expenses for attendance at meetings. |
26 | (j) Powers and duties.-- |
27 | (1) Each advisory council shall advise the Director for |
28 | State Veterans Homes as to the management, operations and |
29 | adequacy of facilities and services at their respective |
30 | veterans homes. |
|
1 | (2) Each advisory council shall nominate inductees for |
2 | their respective veterans home hall of fame in accordance |
3 | with that program's guidance. |
4 | (3) Each advisory council shall advise at least annually |
5 | the secretary as to the management, operations and adequacy |
6 | of facilities and services at their respective veterans |
7 | homes. The advice will be documented in the format specified |
8 | by the secretary. A copy of this report will be forwarded to |
9 | the commission. |
10 | § 1818. Prohibitions. |
11 | Neither the department nor a veterans service officer may do |
12 | any of the following: |
13 | (1) Charge a fee or permit the payment of a fee by an |
14 | applicant to a third person for services the veterans service |
15 | officer renders under this chapter. |
16 | (2) Seek to influence the execution of a power of |
17 | attorney to itself or to one national service organization |
18 | over that of another. |
19 | (3) Refuse to aid a veteran or a service member on |
20 | active duty or their dependents, surviving dependents or |
21 | beneficiaries in services rendered under this chapter. |
22 | § 1819. Confidentiality of records. |
23 | No records on individuals shall be disclosed or used for any |
24 | purpose, except for official purposes, and no records shall be |
25 | disclosed, destroyed or used in any manner which is in violation |
26 | of any existing Federal law. Nothing in this chapter shall be |
27 | construed to convert records which are the property of the |
28 | Federal government into Commonwealth property. |
29 | § 1820. Technology services. |
30 | (a) Veterans Internet website.-- |
|
1 | (1) The department shall work with the Deputy Secretary |
2 | for Information Technology in the Governor's Office of |
3 | Administration and with other State agencies as necessary to |
4 | establish and maintain on the State's Internet website a link |
5 | to the veterans Internet website. The Internet website shall |
6 | allow veterans to access information on Federal and State |
7 | veterans benefits programs. |
8 | (2) Any State agency that participates in the veterans |
9 | Internet website is encouraged to allow a veteran to |
10 | electronically file for Commonwealth veterans benefits, |
11 | including the electronic signing of the filing by the veteran |
12 | and an electronic acknowledgment of the filing. |
13 | (3) The veterans Internet website may allow a veteran to |
14 | electronically file for selected Federal veterans benefits as |
15 | specified by the department, when deemed prudent. |
16 | (4) The veterans Internet website shall also include a |
17 | detailed organizational chart for the department, the annual |
18 | written performance and accountability report, the survey |
19 | report, the strategic plan, the benefits handbook and the |
20 | newsletter as described in this section and section 1821 |
21 | (relating to reports). |
22 | (b) Toll-free telephone number.--The department shall |
23 | establish, operate and maintain a toll-free telephone number for |
24 | the purpose of providing callers with information relating to |
25 | services provided by the department, as well as services and |
26 | programs provided to veterans by other agencies, bureaus and |
27 | organizations. |
28 | (c) Forms.--All forms of the department that are |
29 | disseminated to the public shall contain all of the following: |
30 | (1) The veterans Internet website address. |
|
1 | (2) The department's toll-free telephone number. |
2 | (d) Benefits booklets.-- |
3 | (1) In every even-numbered year, the department shall |
4 | create an electronic version of a State veterans benefits |
5 | booklet and provide a printed copy and an electronic version |
6 | of the booklet to all of the following: |
7 | (i) Each State, county and city veterans service |
8 | officer for distribution in accordance with paragraph |
9 | (2). |
10 | (ii) The personnel office of each Federal or State |
11 | military installation and separate facility in this |
12 | Commonwealth. |
13 | (iii) Each member of the General Assembly. |
14 | (iv) Each veterans service organization chartered in |
15 | this Commonwealth. |
16 | (2) Each State, county and city veterans service officer |
17 | is encouraged to distribute a copy of the booklet to any |
18 | person who claims or will claim Pennsylvania as a residence |
19 | after discharge from the armed forces of the United States. |
20 | Each State, county and city veterans service officer shall |
21 | make a copy of the booklet available at the State, county or |
22 | city veterans service office. |
23 | (3) The department shall update the booklet as |
24 | necessary. |
25 | (4) The department shall provide an electronic version |
26 | of the booklet on the veterans Internet website. |
27 | (e) Electronic access.--The department, with the assistance |
28 | of the Deputy Secretary for Information Technology in the |
29 | Governor's Office of Administration, shall develop and implement |
30 | a program that uses appropriate computer hardware and software |
|
1 | to facilitate: |
2 | (1) electronic delivery of a veterans newsletter and the |
3 | benefits booklet in subsection (d); and |
4 | (2) electronic initiation and tracking of veterans |
5 | benefits claims by State, county and city veterans service |
6 | officers. |
7 | § 1821. Reports. |
8 | (a) Performance and accountability report.--The department |
9 | shall, no later than December 31 of each year, make an annual |
10 | written performance and accountability report for the prior |
11 | fiscal year, to the Governor, the commission, the President pro |
12 | tempore of the Senate and the Speaker of the House of |
13 | Representatives. The report shall include: |
14 | (1) A comparison of State performance, using statistical |
15 | analyses performed in the aggregate and per person, against |
16 | other states and each county in the receipt and use of |
17 | Federal veterans entitlements. |
18 | (2) The expenses incurred in veterans service work in |
19 | this Commonwealth. |
20 | (3) The number, nature and kind of cases handled, by |
21 | year and in total, by the department and by county and city |
22 | veterans service officers and by other veterans service |
23 | officers or agents operating under State grants or contracts. |
24 | (4) The amounts of increased benefits, in the aggregate |
25 | and per person, by year and in total, obtained for veterans |
26 | for the categories defined by and entities listed in |
27 | paragraph (3). |
28 | (5) An evaluation of the Bureau for Veterans Benefits |
29 | Assistance performance in relation to the department's |
30 | performance management measurement standards established for |
|
1 | it. |
2 | (6) The names of all persons who are accredited in |
3 | accordance with 38 CFR 14.629 (relating to requirements for |
4 | accreditation of service organization representatives; |
5 | agents; and attorneys), listed by organization, position and |
6 | category of accreditation, including county and city veterans |
7 | service officers, veterans service organizations' veterans |
8 | service officers and other veterans service officers, agents |
9 | and attorneys operating as State employees or under State |
10 | funding grants or contracts. |
11 | (7) An accounting of State home utilization, waiting |
12 | periods and costs, together with an evaluation of the Bureau |
13 | for State Veterans Homes' performance in relation to the |
14 | department's performance management measurement standards |
15 | established for it. |
16 | (8) A list of Federal and State laws, rules and |
17 | regulations, with synopsis, promulgated during the |
18 | legislative year. |
19 | (9) A detailed accounting of all money received and |
20 | disbursed in the prior fiscal year. |
21 | (10) The actions taken by the department in implementing |
22 | State programs and services. |
23 | (11) An evaluation of the performance of any other unit |
24 | of the department not provided for in this subsection in |
25 | relation to established performance management measurement |
26 | standards. |
27 | (b) Survey report.--The department shall conduct an ongoing |
28 | study on the problems and needs of those residents of this |
29 | Commonwealth who are veterans of the armed forces of the United |
30 | States and the problems and needs of their dependents, surviving |
|
1 | dependents and beneficiaries. The report shall be submitted |
2 | biennially to the same parties listed in the performance and |
3 | accountability report. The report shall include: |
4 | (1) A survey of existing Federal and State programs |
5 | available for such persons that specifies the extent to which |
6 | such programs presently are being implemented, with |
7 | recommendations for the improved implementation, extension or |
8 | improvement of such programs. |
9 | (2) A survey of the needs of such persons in the areas |
10 | of social services, health care, education and employment and |
11 | any other areas of determined need, with recommendations |
12 | regarding Federal, State and community services that would |
13 | meet those needs. |
14 | (3) A survey of Federal, State, public and private |
15 | moneys available that could be used to defray the costs of |
16 | State or community services needed for such persons. |
17 | (c) Strategic plan.--The department shall prepare and submit |
18 | biennially, by July 1 of even-numbered years, a five-year plan. |
19 | The plan shall be submitted to the same parties listed in |
20 | subsection (a). The plan shall include the performance |
21 | management measures and standards to be used in the performance |
22 | and accountability report. |
23 | § 1822. Cost reduction measures and acceptance of gifts. |
24 | The department, with the approval of the Governor, may apply |
25 | for and accept funds, grants, gifts and services from the |
26 | Commonwealth, the United States Government or any of its |
27 | agencies, or any other public or private source and may use |
28 | funds derived from these sources to defray clerical and |
29 | administrative costs as may be necessary for carrying out its |
30 | duties. Any funds received under this section shall be subject |
|
1 | to accountability and audit. |
2 | § 1823. Interagency agreements. |
3 | The secretary shall adopt a joint memorandum of understanding |
4 | with the following governmental entities to coordinate the |
5 | provision of services to veterans and their dependents, |
6 | surviving dependents and beneficiaries: |
7 | (1) The Department of Labor and Industry. |
8 | (2) The Department of Education. |
9 | (3) The Office of Administration. |
10 | (4) The Department of Aging. |
11 | (5) The Department of Public Welfare. |
12 | (6) Any other agency of the Commonwealth that |
13 | administers a program applicable only to veterans or their |
14 | dependents or routinely works with veterans. |
15 | § 1824. Conflict of interest. |
16 | Notwithstanding any other provision of law, a person required |
17 | to register as a lobbyist because of activities on behalf of a |
18 | veterans service organization or association or a person working |
19 | for a private contractor of veterans services to the State may |
20 | not serve as a member of or as general counsel to the |
21 | department, the commission or any of the State veterans homes |
22 | advisory councils. |
23 | § 1825. Information of public interest and public complaints. |
24 | The department shall prepare information of public interest |
25 | describing the functions of the department and the procedures |
26 | for filing and for resolution of public complaints by the |
27 | department. The department shall make the information available |
28 | to the general public and appropriate State agencies. |
29 | § 1826. Liberal construction. |
30 | The rule of strict construction shall have no application to |
|
1 | this chapter and it shall be liberally construed in order to |
2 | carry out the objective for which it is designed, in accordance |
3 | with the legislative intent to give the secretary the maximum |
4 | possible freedom in carrying the provisions of this chapter into |
5 | effect. |
6 | § 1827. Conflict between statutes and within statute. |
7 | Unless explicitly expressed otherwise, when a conflict arises |
8 | with other statutes or with other provisions within this title, |
9 | this chapter shall have precedence and shall govern. |
10 | § 1828. Severability. |
11 | The provisions of this act are severable. If any provision of |
12 | this act or its application to any person or circumstance is |
13 | held invalid, the invalidity shall not affect other provisions |
14 | or applications of this act which can be given effect without |
15 | the invalid provision or application. |
16 | CHAPTER 20 |
17 | VETERANS HOME HALL OF FAME |
18 | Sec. |
19 | 2001. Definitions. |
20 | 2002. State veterans home hall of fame. |
21 | 2003. Selection of inductees. |
22 | 2004. Oversight. |
23 | 2005. Documentation. |
24 | 2006. Centralized list. |
25 | § 2001. Definitions. |
26 | The following words and phrases when used in this chapter |
27 | shall have the meanings given to them in this section unless the |
28 | context clearly indicates otherwise: |
29 | "Commission." The State Veterans Commission established |
30 | under Chapter 18 (relating to Department of Veterans Affairs). |
|
1 | "Department." The Department of Veterans Affairs of the |
2 | Commonwealth established under Chapter 18 (relating to |
3 | Department of Veterans Affairs). |
4 | § 2002. State veterans home hall of fame. |
5 | Each State veterans home operated by the Commonwealth shall |
6 | establish and dedicate a hall of fame to recognize and honor the |
7 | military achievements of outstanding veterans who have completed |
8 | honorable, active duty military service and who reside or |
9 | resided in the geographic region served by the veterans home. |
10 | The area or space in the veterans home dedicated to the hall of |
11 | fame may be used for other purposes. |
12 | § 2003. Selection of inductees. |
13 | The advisory council for each veterans home shall, consistent |
14 | with the guidelines established by the department in section |
15 | 2004 (relating to oversight), nominate eligible veterans for |
16 | induction into the hall of fame by the commission and perform |
17 | other duties relating to the hall of fame as approved by the |
18 | department. A Medal of Honor recipient shall be automatically |
19 | inducted into the hall of fame. |
20 | § 2004. Oversight. |
21 | The department shall develop guidelines for the halls of |
22 | fame. The guidelines shall include all of the following: |
23 | (1) Eligibility criteria for qualified candidates. |
24 | (2) Procedures for nomination of candidates and |
25 | selection of inductees. |
26 | (3) Ceremonies to officially honor the inductees. |
27 | (4) Manner of recognizing or presenting the inductees in |
28 | the halls of fame. |
29 | (5) Maintenance of the halls of fame. |
30 | (6) Duties of the advisory councils of the veterans |
|
1 | homes relating to the halls of fame. |
2 | § 2005. Documentation. |
3 | Each eligible veteran or his or her representative shall be |
4 | responsible for obtaining the documentation necessary to |
5 | establish his or her eligibility from the National Archives in |
6 | Washington, D.C., or the National Personnel Record Center in St. |
7 | Louis, Missouri. |
8 | § 2006. Centralized list. |
9 | The department shall keep a centralized list of all hall of |
10 | fame inductees from all regional veterans homes. |
11 | Section 5. Sections 3201, 3210, 7101, 7701, 7702, 8501, |
12 | 8504(b) and 8505 of Title 51 are amended to read: |
13 | § 3201. Definitions. |
14 | The following words and phrases when used in this chapter |
15 | shall have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
17 | "Agency." The Pennsylvania Higher Education Assistance |
18 | Agency. |
19 | "Approved institution of higher learning." An educational |
20 | institution offering a post-secondary program of education |
21 | located in this Commonwealth and approved by the Pennsylvania |
22 | Higher Education Assistance Agency. |
23 | "Approved program of education." A degree- or certificate- |
24 | granting curriculum or course of study to be pursued on a full- |
25 | time or part-time basis or its equivalent as determined by the |
26 | Pennsylvania Higher Education Assistance Agency, at an approved |
27 | institution of higher learning. |
28 | "Combat zone." An area designated by Presidential executive |
29 | order as a combat zone as described in section 7508 of the |
30 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
|
1 | 7508). |
2 | "Department." The Department of Military [and Veterans] |
3 | Affairs of the Commonwealth. |
4 | "Eligible member." A member of the Pennsylvania National |
5 | Guard who meets the criteria specified in section 3202 (relating |
6 | to eligibility) and who has been awarded a certificate of |
7 | eligibility under section 3203 (relating to certification of |
8 | eligibility). |
9 | "Full-time student." A student enrolled in an approved |
10 | institution of higher learning pursuing an approved program of |
11 | education equal to or greater than 15 credit hours or its |
12 | equivalent recognized by the Pennsylvania Higher Education |
13 | Assistance Agency as a full-time course of study. |
14 | "Fund." The Educational Assistance Program Fund. |
15 | "Part-time student." A student enrolled in an approved |
16 | institution of higher education pursuing an approved program of |
17 | education of less than 15 credit hours or its equivalent |
18 | recognized by the Pennsylvania Higher Education Assistance |
19 | Agency as a part-time course of study. |
20 | "Program." The Educational Assistance Program established in |
21 | this chapter. |
22 | "Qualified resident." An individual who has been a bona fide |
23 | resident of this Commonwealth prior to the time an application |
24 | for a grant is made. The Pennsylvania Higher Education |
25 | Assistance Agency shall make the final decision on whether an |
26 | applicant is a qualified resident. |
27 | § 3210. Educational Assistance Program Fund. |
28 | All moneys appropriated for the purposes of this chapter and |
29 | all investment income earned on those moneys shall be deposited |
30 | in the Educational Assistance Program Fund, which is hereby |
|
1 | established as a special nonlapsing fund in the State Treasury. |
2 | All moneys placed in the fund and the investment income it |
3 | accrues are hereby appropriated on a continuing basis to the |
4 | Department of Military [and Veterans] Affairs and shall be used |
5 | solely for the purposes of the program. |
6 | § 7101. Soldier defined. |
7 | As used in this chapter, "soldier" means a person who served |
8 | or hereafter serves in the armed forces of the United States, or |
9 | in any women's organization officially connected therewith, |
10 | during any war or armed conflict in which the United States |
11 | engaged and who was released from active duty under honorable |
12 | conditions, other than from periods of active duty for training, |
13 | or with an honorable discharge from such service, or a person |
14 | who so served or hereafter serves in the armed forces of the |
15 | United States, or in any women's organization officially |
16 | connected therewith, since July 27, 1953, including service in |
17 | Vietnam, and who has an honorable discharge from such service. |
18 | Qualifying periods of service during a war or armed conflict, |
19 | for purposes of this provision, will be designated by the |
20 | Department of [Military and] Veterans Affairs. |
21 | § 7701. Blind veteran's pension. |
22 | (a) Definition.--As used in this section the term "blind |
23 | veteran" shall mean any person who served in the [military or |
24 | naval] armed forces of the United States, or any woman's |
25 | organization officially connected therewith, at any time, and |
26 | who gave the Commonwealth of Pennsylvania, as his or her place |
27 | of residence at the time of entering the [military or naval] |
28 | armed forces of the United States, and who while performing |
29 | duties connected with such service suffered an injury or |
30 | incurred a disease which resulted in blindness to the extent |
|
1 | that he or she has 3/60 or 10/200 or less normal vision. The |
2 | term "blind veteran" shall not include any person separated from |
3 | the [military or naval] armed forces of the United States, or |
4 | any woman's organization officially connected therewith, under |
5 | other than honorable conditions. |
6 | (b) Amount and eligibility.--In addition to any other |
7 | assistance provided by the Commonwealth and in addition to any |
8 | compensation provided by the Federal Government, every blind |
9 | veteran shall be paid a pension of $150 per month. Applications |
10 | for such pensions shall be made to and in the form prescribed by |
11 | the [department] Department of Veterans Affairs. The [Adjutant |
12 | General] Department of Veterans Affairs shall have the power, |
13 | and it shall be [his] the duty of the Department of Veterans |
14 | Affairs to determine the eligibility of every applicant for a |
15 | pension, and [his decision] the decision of the Department of |
16 | Veterans Affairs in the matter shall be final. |
17 | § 7702. Paralyzed veteran's pension. |
18 | (a) Amount and eligibility.--In addition to any other |
19 | assistance provided by the Commonwealth and in addition to any |
20 | compensation provided by the Federal Government, every paralyzed |
21 | veteran shall be paid a pension of $150 per month. Applications |
22 | for the pensions shall be made to and in the form prescribed by |
23 | the [department] Department of Veterans Affairs. The [Adjutant |
24 | General] Department of Veterans Affairs shall determine the |
25 | eligibility of every applicant for a pension, and [his decision] |
26 | the decision of the Department of Veterans Affairs in the matter |
27 | shall be final. |
28 | (b) Regulations.--The [Adjutant General] Department of |
29 | Veterans Affairs shall promulgate such regulations as may be |
30 | necessary to implement this program. |
|
1 | (c) Definition.--As used in this section the term "paralyzed |
2 | veteran" means any person who served in the [military or naval] |
3 | armed forces of the United States, or any woman's organization |
4 | officially connected therewith, and who gave this Commonwealth |
5 | as his or her place of residence at the time of entering the |
6 | [military or naval] armed forces of the United States and who, |
7 | while performing duties connected with such service, suffered an |
8 | injury or incurred a disease which resulted in the loss or loss |
9 | of use of two or more extremities. The term does not include any |
10 | person separated from the [military or naval] armed forces of |
11 | the United States, or any woman's organization officially |
12 | connected therewith, under other than honorable conditions. |
13 | § 8501. Definitions. |
14 | The following words and phrases when used in this chapter |
15 | shall have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
17 | ["Commission." The State Veterans' Commission established |
18 | under section 1702 (relating to State Veterans' Commission).] |
19 | "Department." The Department of Veterans Affairs of the |
20 | Commonwealth established under section 1802 (relating to |
21 | establishment). |
22 | "Eligible veteran." A former member of the [military or |
23 | naval service] armed forces of the United States, or women's |
24 | organization officially connected therewith, who: |
25 | (1) served during a period of war or armed conflict and |
26 | [was honorably discharged from the armed forces], if |
27 | separated or discharged from the armed forces of the United |
28 | States, receiving other than a dishonorable discharge; |
29 | (2) died in service or was killed in action during a |
30 | period of war or armed conflict; or |
|
1 | (3) as a result of peacetime hostile fire or terrorist |
2 | attack as determined by the department, was killed or |
3 | suffered a service-connected disability as certified by the |
4 | United States [Veterans' Administration] Department of |
5 | Veterans Affairs and, if surviving, was honorably discharged |
6 | from the armed forces. |
7 | "Emergency." A sudden or unexpected loss of income due to |
8 | sickness, disability, unemployment or other cause beyond the |
9 | control of the applicant for emergency assistance. |
10 | "Surviving dependents." The following are considered |
11 | surviving dependents of a deceased eligible veteran: |
12 | (1) The unmarried surviving spouse of the deceased |
13 | eligible veteran. |
14 | (2) If there is no unmarried spouse of a deceased |
15 | eligible veteran, the unmarried minor children, children who, |
16 | before attaining the age of 18, became permanently incapable |
17 | of self-support, and children who are less than 23 years of |
18 | age and are pursuing a full-time course of instruction at an |
19 | approved educational institution, provided they were, on the |
20 | death of the eligible veteran, dependent on the eligible |
21 | veteran for more than 50% of the cost of their support. |
22 | (3) If the eligible veteran is not survived by a spouse |
23 | or dependent children, the surviving parents of the eligible |
24 | veteran, provided that, on the date of the eligible veteran's |
25 | death, they were dependent on the veteran for more than 50% |
26 | of the cost of their support. |
27 | § 8504. Amounts of assistance. |
28 | * * * |
29 | (b) Standards.--Subject to the limitation set forth in |
30 | subsection (a), [the State Veterans' Commission shall recommend] |
|
1 | the department shall establish uniform and equitable standards |
2 | for the amounts of veterans' emergency assistance. |
3 | * * * |
4 | § 8505. Appeals. |
5 | Any person aggrieved by a decision denying payment of |
6 | veterans' emergency assistance may appeal to the [Adjutant |
7 | General] department under the provisions of Title 2 (relating to |
8 | administrative law and procedure). |
9 | Section 5.1. Title 51 is amended by adding a chapter to |
10 | read: |
11 | CHAPTER 86 |
12 | TRANSFER OF GOVERNOR'S VETERANS OUTREACH AND ASSISTANCE CENTER |
13 | PROGRAM |
14 | Sec. |
15 | 8601. Definitions. |
16 | 8602. Objective of transfer. |
17 | 8603. Transfers of functions and responsibilities. |
18 | 8604. Subjects of transfer. |
19 | 8605. Regulations. |
20 | § 8601. Definitions. |
21 | The following words and phrases when used in this chapter |
22 | shall have the meanings given to them in this section unless the |
23 | context clearly indicates otherwise: |
24 | "Department." The Department of Veterans Affairs of the |
25 | Commonwealth. |
26 | "Entity." A general reference to one or more departments, |
27 | divisions, boards, agencies, commissions or organizations |
28 | involved in the performance of the executive or administrative |
29 | work of the Commonwealth. |
30 | "Program." The Governor’s Veterans Outreach and Assistance |
|
1 | Center Program. |
2 | "Subjects of transfer." Powers, duties, personnel, |
3 | appropriations, allocations, documents, files, records, |
4 | contracts, agreements, equipment, materials, orders, rights and |
5 | obligations utilized or accruing in connection with functions |
6 | transferred from one entity to another under this chapter. |
7 | § 8602. Objective of transfer. |
8 | To improve the delivery and coordination of veterans benefits |
9 | services, the Governor’s Veterans Outreach and Assistance Center |
10 | Program is to be integrated into the Department of Veterans |
11 | Affairs and redesignated. The program shall be administered by |
12 | the department, which shall determine the proper scope and |
13 | extent of the program consistent with Chapter 18 (relating to |
14 | Department of Veterans Affairs). Each center will be |
15 | redesignated as a field office location of the Bureau for |
16 | Veterans Benefits Assistance, subject to relocation at the |
17 | discretion of the secretary in accordance with section 1810(d) |
18 | (relating to Bureau for Veterans Benefits Assistance). |
19 | § 8603. Transfers of functions and responsibilities. |
20 | (a) Transfer to department.-- |
21 | (1) The department shall assume responsibility for the |
22 | programs currently administered by the five existing |
23 | Governor's Veterans Outreach and Assistance Centers found in |
24 | Regions 1 through 5 if that Federal funding continues. The |
25 | department shall assume direct control and ownership of the |
26 | subjects of transfer possessed by the Governor's Veterans |
27 | Outreach and Assistance Center Programs. |
28 | (2) The following functions of the Department of Labor |
29 | and Industry are transferred to the Department of Veterans |
30 | Affairs: |
|
1 | (i) All powers and duties not otherwise expressly |
2 | transferred elsewhere under this chapter and currently |
3 | performed by the Governor's Veterans Outreach and |
4 | Assistance Center Programs. |
5 | (ii) Any related functions under the act of April 9, |
6 | 1929 (P.L.177, No.175), known as The Administrative Code |
7 | of 1929. |
8 | (iii) All other acts or parts of acts, |
9 | reorganization plans and executive orders that imposed |
10 | powers and duties upon the existing Governor’s Veterans |
11 | Outreach and Assistance Center Program. |
12 | (b) Duties of Department of Labor and Industry.--The |
13 | Department of Labor and Industry shall continue to function, |
14 | until directed by a Governor's Executive Order, as the |
15 | Commonwealth agency responsible for insuring that existing |
16 | contracts are executed in compliance with Federal and State laws |
17 | and regulations, as appropriate. |
18 | (c) Coordination of functions.--The Department of Labor and |
19 | Industry shall actively assist the Department of Veterans |
20 | Affairs under section 501 of The Administrative Code of 1929, |
21 | with regard to: |
22 | (1) Receiving, processing and sharing all reports as may |
23 | be required under the terms of current contracts pertaining |
24 | to the existing Governor’s Veterans Outreach Assistance |
25 | Centers Program or by Federal or State law or regulation. |
26 | (2) Technical assistance with regard to the development |
27 | of all future contracts. |
28 | (3) Obtaining and allocating any future funding that may |
29 | be available from the United States Department of Labor for |
30 | the continued operation of the program. |
|
1 | § 8604. Subjects of transfer. |
2 | (a) General rule.--Any subjects of transfer from the |
3 | Department of Labor and Industry and the existing Governor's |
4 | Veterans Outreach Assistance Center Program under this chapter |
5 | are transferred to the Department of Veterans Affairs with the |
6 | same force and effect as if those subjects of transfer had |
7 | originally belonged to or been incurred or entered into by the |
8 | Department of Veterans Affairs. |
9 | (b) Employees.--The department shall employ those |
10 | individuals currently staffing the existing Governor’s Veterans |
11 | Outreach and Assistance Centers, irrespective of whether the |
12 | individuals have been considered employees of the centers or |
13 | independent contractors. The employees shall be granted civil |
14 | service status in the same manner as other similarly situated |
15 | employees of the department, except those employees assisting in |
16 | claims will become State veterans service officers and |
17 | accredited under the provisions of section 1810(e) and (f) |
18 | (relating to Bureau for Veterans Benefits Assistance). |
19 | § 8605. Regulations. |
20 | (a) Authorization.--The department shall have the power and |
21 | duty to promulgate regulations to administer the respective |
22 | functions transferred to it under this chapter. |
23 | (b) Continuation.-–The regulations of the Department of |
24 | Labor and Industry for the administration of the functions |
25 | transferred under this chapter shall remain in effect until new |
26 | regulations are promulgated under subsection (a). |
27 | Section 5.2. Sections 8701, 8702(a) and (b), 8703(b) and |
28 | (c), 8901, 8902, 8903, 8904, 8905, 9102(a) and (b), 9301 and |
29 | 9304(h) of Title 51 are amended to read: |
30 | § 8701. Definitions. |
|
1 | The following words and phrases when used in this chapter |
2 | shall have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | ["Commission." The State Veterans' Commission established |
5 | under section 1702 (relating to State Veterans' Commission).] |
6 | "Department." The Department of Veterans Affairs of the |
7 | Commonwealth established under section 1802 (relating to |
8 | establishment). |
9 | "Educational institution." Any college or university of the |
10 | State System of Higher Education, a State-aided educational or |
11 | training institution of a secondary or college grade or other |
12 | institution of higher education, a business school, a trade |
13 | school, a hospital school providing training for nurses, an |
14 | institution providing courses in beauty culture, art, radio or |
15 | undertaking or embalming, or such other educational training |
16 | within this Commonwealth approved by the commission. |
17 | "Eligible disabled or deceased veteran." A person who served |
18 | in the [military or naval] armed forces of the United States, or |
19 | a women's organization officially connected therewith, who: |
20 | (1) was killed in action or died as a result of wounds |
21 | incurred during a period of war or armed conflict or as a |
22 | result of hostile fire or terrorist attack during peacetime |
23 | (as determined by the Department of Military Affairs); |
24 | (2) died in service during a period of war or armed |
25 | conflict; |
26 | (3) was honorably discharged from the [military or |
27 | naval] armed forces of the United States and certified by the |
28 | United States [Veterans' Administration] Department of |
29 | Veterans Affairs as a 100% disabled veteran as a result of |
30 | service during a period of war or armed conflict or as a |
|
1 | result of hostile fire or terrorist attack (as determined by |
2 | the Department of Military Affairs) during peacetime; or |
3 | (4) was honorably discharged from the [military or |
4 | naval] armed forces of the United States and died as a result |
5 | of a service-connected disability (as certified by the United |
6 | States [Veterans' Administration] Department of Veterans |
7 | Affairs) incurred during a period of war or armed conflict or |
8 | as a result of peacetime hostile fire or terrorist attack (as |
9 | determined by the Department of Military Affairs). |
10 | "Qualified child." Any child meeting the requirements of |
11 | section 8703 (relating to eligibility and qualification |
12 | requirements). |
13 | § 8702. Educational gratuity payments. |
14 | (a) General rule.--The [commission] department shall make |
15 | educational gratuity payments not exceeding $500 per term or |
16 | semester per qualified child to each approved educational |
17 | institution upon submission by that approved educational |
18 | institution of proof that bills have been incurred or contracted |
19 | covering matriculation fees and other necessary fees, tuition, |
20 | board, room rent, books and supplies for a qualified child in a |
21 | definite amount for the school year. |
22 | (b) Records.--The [commission] department shall attach the |
23 | proof submitted under subsection (a) to the requisition prepared |
24 | for payment out of appropriations made by the General Assembly |
25 | for purposes of the educational gratuity payments. |
26 | * * * |
27 | § 8703. Eligibility and qualification requirements. |
28 | * * * |
29 | (b) Qualification determination.--The [commission] |
30 | department shall determine qualified applicants based on the |
|
1 | following requirements: |
2 | (1) The applicant meets the requirements of subsection |
3 | (a). |
4 | (2) The applicant is attending an approved educational |
5 | institution. |
6 | (3) The applicant demonstrates a financial need for the |
7 | educational gratuity. |
8 | (c) Appeal.--Any aggrieved applicant may appeal the decision |
9 | of the [commission to the Adjutant General] department under the |
10 | provisions of Title 2 (relating to administrative law and |
11 | procedure). |
12 | § 8901. Definitions. |
13 | The following words and phrases when used in this chapter |
14 | shall have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Blind." Visual acuity of three-sixtieths or ten two- |
17 | hundredths, or less normal vision. |
18 | ["Commission." The State Veterans' Commission established |
19 | under section 1702 (relating to State Veterans' Commission).] |
20 | "Department." The Department of Veterans Affairs of the |
21 | Commonwealth established under section 1802 (relating to |
22 | establishment). |
23 | "Paraplegic." The bilateral paralysis of the upper or lower |
24 | extremities of the body. |
25 | § 8902. Exemption. |
26 | (a) General rule.--Any resident of this Commonwealth shall |
27 | be exempt from the payment of all real estate taxes levied upon |
28 | any building, including the land upon which it stands, occupied |
29 | by that person as a principal dwelling, if all of the following |
30 | requirements are met: |
|
1 | (1) That person has been honorably discharged or |
2 | released under honorable circumstances from the armed forces |
3 | of the United States for service in any war or armed conflict |
4 | in which this nation was engaged. |
5 | (2) As a result of such military service, that person is |
6 | blind or paraplegic or has sustained the loss of two or more |
7 | limbs, or has a service-connected disability declared by the |
8 | United States [Veterans' Administration] Department of |
9 | Veterans Affairs or its successors to be a total or 100% |
10 | permanent disability. |
11 | (3) The dwelling is owned by that person solely, with |
12 | his or her spouse or as an estate by the entireties. |
13 | (4) The need for the exemption from the payment of real |
14 | estate taxes has been determined by the [State Veterans' |
15 | Commission] department in compliance with the requirements of |
16 | this chapter. |
17 | (b) Extension of exemption.--The exemption provided in |
18 | subsection (a) shall be extended to the unmarried surviving |
19 | spouse upon the death of the eligible veteran provided that the |
20 | [State Veterans' Commission] department determines that such |
21 | spouse is in need of an exemption. |
22 | [§ 8903. Duty of board. |
23 | When the conditions specified in section 8902 (relating to |
24 | exemption) are determined to exist by the board for the |
25 | assessment and revision of taxes, or by a similar board for the |
26 | assessment of taxes, and upon the receipt by that board of a |
27 | certification of need for the tax exemption from the commission, |
28 | the board shall grant the tax exemption prescribed by section |
29 | 8902. Notification of the granting of the tax exemption by the |
30 | board shall be forwarded to the person who has received the |
|
1 | exemption from the payment of real estate taxes and to the tax- |
2 | levying bodies and tax collectors of all political subdivisions |
3 | imposing taxes upon the dwelling of the person granted the |
4 | exemption from payment of real estate taxes.] |
5 | § 8904. Duty of [commission] department. |
6 | The [commission] department shall: |
7 | (1) Fix uniform and equitable standards for determining |
8 | the need for exemption from the payment of real estate taxes |
9 | granted by this act. In fixing such uniform and equitable |
10 | standards, the commission shall apply a rebuttable |
11 | presumption that an applicant with annual income of $75,000 |
12 | or less has a need for the exemption. Beginning on January 1, |
13 | 2009, and every two years thereafter, the commission shall |
14 | adjust the annual income level qualifying for the rebuttable |
15 | presumption of need by an amount equal to the change in the |
16 | Consumer Price Index in the preceding two years. The |
17 | commission shall publish the adjusted annual income level |
18 | qualifying for the rebuttable presumption of need as a notice |
19 | in the Pennsylvania Bulletin. |
20 | (2) After submission of proof of need by the applicant |
21 | for the exemption from payment of real estate taxes, |
22 | determine the need of the applicant. |
23 | (3) Review at least once every five years all |
24 | determinations of need for exemptions from the payment of |
25 | real estate taxes which have been granted in order to |
26 | determine any changes in the economic status of applicants |
27 | bearing upon the question of need. |
28 | (4) Certify the name and address and the need for |
29 | exemption from payment of real estate taxes, or termination |
30 | of such need, to the board for the assessment and revision of |
|
1 | taxes, or similar board for the assessment of taxes, having |
2 | jurisdiction of the assessment of the real property owned |
3 | solely or as an estate by the entirety and occupied as a |
4 | residence by the person seeking the tax exemption granted by |
5 | this chapter. |
6 | § 8905. Appeals. |
7 | Any applicant aggrieved by a determination of the |
8 | [commission] department may appeal that determination [to the |
9 | Adjutant General] under the provisions of Title 2 (relating to |
10 | administrative law and procedure). |
11 | § 9102. Affidavits and acknowledgments by designated officers. |
12 | (a) Designation of certain officers authorized.--Each local |
13 | organization of The American Red Cross, The American Legion, |
14 | Veterans of World War I of the U.S.A., Inc., Veterans of Foreign |
15 | Wars of the United States, Disabled American Veterans, United |
16 | Spanish War Veterans, Regular Veterans Association, Director of |
17 | Veterans Affairs, Jewish War Veterans of the United States, the |
18 | Military Order of the Purple Heart, the Italian American War |
19 | Veterans of the United States, Incorporated, and such other |
20 | similar organizations now or hereafter accredited or recognized |
21 | by the United States [Veterans Administration] Department of |
22 | Veterans Affairs, which supplies such aid and assistance to |
23 | veterans or their dependents, and which gratuitously prepares |
24 | forms for veterans and their dependents in connection with their |
25 | affairs as such before the United States, any agency thereof, or |
26 | the Commonwealth, any agency or political subdivision thereof, |
27 | is hereby authorized to designate one of its officers to take |
28 | affidavits or acknowledgments to such forms, as may be required |
29 | by rule, regulation or otherwise by the United States, any |
30 | agency thereof, or the Commonwealth, any agency or political |
|
1 | subdivision thereof, in the administration of the affairs of |
2 | veterans and their dependents. For the same purposes the |
3 | Adjutant General is authorized to designate one or more persons |
4 | from the Department of Military Affairs, the Secretary of |
5 | Veterans Affairs is authorized to designate one or more persons |
6 | from the Department of Veterans Affairs, and the State Director |
7 | of Selective Service is authorized to designate one or more |
8 | persons from the Pennsylvania Selective Service System. |
9 | (b) Appointment, certification and authority.--When any such |
10 | officer or person is so designated, his name, address and |
11 | official position shall be furnished to the Secretary of the |
12 | Commonwealth, in writing, signed by such designated officer or |
13 | person, accompanied by a certificate of his designation by the |
14 | proper authority of such organization, or of the Adjutant |
15 | General, the Secretary of Veterans Affairs or the State Director |
16 | of Selective Service, as the case may be. Upon receipt of such |
17 | writing and certificate in form as herein provided the Secretary |
18 | of the Commonwealth, with the approval of the Governor, shall |
19 | issue under his hand and seal of his office a certificate of |
20 | appointment to such designated officer or person which shall |
21 | authorize him to take affidavits or acknowledgments of veterans |
22 | and their dependents in connection with their affairs as such |
23 | before the United States, any agency thereof, or the |
24 | Commonwealth, any agency or political subdivision thereof. Such |
25 | authorized officer or person shall exercise the authority |
26 | conferred under the provisions of this section at the pleasure |
27 | of the Governor. Each certificate issued as aforesaid by the |
28 | Secretary of the Commonwealth shall be numbered in the order of |
29 | date issued, and the Secretary of the Commonwealth is hereby |
30 | authorized to certify such appointment whenever required. |
|
1 | * * * |
2 | [§ 9301. Reports of annual conventions. |
3 | (a) Printing and distribution by Commonwealth.--Whenever the |
4 | department commanders of the Grand Army of the Republic, the |
5 | United Spanish War Veterans, the Veterans of Foreign Wars of the |
6 | United States, the American Legion, the Disabled American |
7 | Veterans of the World War, the Veterans of World War I of the |
8 | U.S.A., Inc., the American Veterans of World War II (AMVETS), |
9 | Military Order of the Purple Heart, Jewish War Veterans, |
10 | Catholic War Veterans, Inc., The Society of the 28th Division, |
11 | A.E.F., the Marine Corps League and the Italian American War |
12 | Veterans of the United States, Incorporated, shall report to the |
13 | Department of Property and Supplies the proceedings of the |
14 | annual encampment or conventions of their respective |
15 | departments, with such general and special orders and circulars |
16 | and other data which may form a part of said proceedings, then |
17 | the said proceedings, so reported, shall be considered |
18 | Commonwealth records, and under the direction of the Department |
19 | of Property and Supplies, shall be printed and bound, and a |
20 | printed and bound copy thereof shall be sent to each post or |
21 | detachment in this Commonwealth of the organization of whose |
22 | proceedings the same is a report. |
23 | (b) Number of copies printed and distributed.--Not more than |
24 | 1500 copies of each of such annual reports shall be printed and |
25 | bound, and the balance remaining after the distribution provided |
26 | for in subsection (a) may be requisitioned as follows: |
27 | (1) State Librarian, 300 copies. |
28 | (2) Legislative Reference Bureau and Senate Library, ten |
29 | copies. |
30 | (3) Executive head of the organization of whose |
|
1 | proceedings it is a report, the remaining copies.] |
2 | § 9304. Grants to veterans' service officer programs. |
3 | * * * |
4 | (h) Reporting requirements.--On or before October 1 of each |
5 | year, designated veterans' service organizations participating |
6 | in the program established by this section shall file a written |
7 | report with the [Adjutant General and the Deputy Adjutant |
8 | General for Veterans' Affairs] secretary and the Director for |
9 | Veterans Benefits Assistance and send copies to the chairman and |
10 | minority chairman of the Veterans Affairs and Emergency |
11 | Preparedness Committee of the Senate and the chairman and |
12 | minority chairman of the Veterans Affairs and Emergency |
13 | Preparedness Committee of the House of Representatives and State |
14 | Veterans' Commission. The report format shall be issued by the |
15 | Department of Veterans Affairs. The report shall contain the |
16 | following information: |
17 | (1) A description of all veterans' service officer |
18 | activities, an accounting of recoveries and a listing of |
19 | volunteer hours for the preceding Commonwealth fiscal year. |
20 | (2) A proposed budget and spending plan for the |
21 | Commonwealth fiscal year beginning on July 1 of the year |
22 | following the filing of the report. |
23 | (3) An accounting of its expenditures from grants |
24 | awarded under this program, audited by a certified public |
25 | accountant for the preceding Commonwealth fiscal year. |
26 | * * * |
27 | Section 6. (a) All personnel, allocations, appropriations, |
28 | agreements, leases, claims, demands and causes of action of any |
29 | nature whether or not subject to litigation on the date of this |
30 | act, equipment, files, records, classified data files, plans, |
|
1 | maps, air photographs and all other materials which are used, |
2 | employed or expended in connection with the duties, powers or |
3 | functions of the Department of Military and Veterans Affairs |
4 | relating to veterans' affairs are transferred by this act to the |
5 | Department of Veterans Affairs with the same force and effect as |
6 | if the appropriations had been made to and said items had been |
7 | the property of the Department of Veterans Affairs in the first |
8 | instance and if said contracts, agreements, leases and |
9 | obligations had been incurred or entered into by the Department |
10 | of Veterans Affairs. |
11 | (b) All personnel transferred to the Department of Veterans |
12 | Affairs from other State departments and agencies under this act |
13 | shall retain any civil service or other employment status |
14 | assigned to said personnel in those departments or agencies |
15 | prior to the effective date of this act. |
16 | Section 7. The implementation of this act shall be completed |
17 | within two years from the effective date of this section. It may |
18 | be completed in phases in accordance with a transition plan and |
19 | schedule developed between the secretary and the Department of |
20 | Military Affairs and other agencies, as approved by the |
21 | Governor. |
22 | Section 8. This act shall take effect immediately. |
|
