Bill Text: PA HB253 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for the Office of Veteran Advocate; assigning duties to the Office of Attorney General; and authorizing an appropriation.

Spectrum: Slight Partisan Bill (Republican 37-24)

Status: (Introduced - Dead) 2009-02-04 - Referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS [HB253 Detail]

Download: Pennsylvania-2009-HB253-Introduced.html

---

PRINTER'S NO. 263
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 253 Session of2009
INTRODUCED BY FAIRCHILD, ADOLPH, ARGALL, BARRAR, BEAR, BEYER, BOYD, BRENNAN, BROWN, CAUSER, COHEN, CONKLIN, CREIGHTON, DENLINGER, EVERETT, FLECK, GEIST, GEORGE, GIBBONS, GINGRICH, GOODMAN, GRUCELA, HARKINS, HARPER, HARRIS, HESS, HUTCHINSON, KORTZ, MARSICO, McGEEHAN, McILVAINE SMITH, MICCARELLI, MICOZZIE, MILLER, M. O'BRIEN, O'NEILL, PHILLIPS, PYLE, RAPP, READSHAW, ROHRER, SIPTROTH, K. SMITH, SOLOBAY, STERN, STEVENSON, THOMAS, VULAKOVICH, WALKO, WATSON AND WHITE, FEBRUARY 4, 2009
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 4, 2009
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," providing for the Office of
Veteran Advocate; assigning duties to the Office of Attorney
General; and authorizing an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
article to read:
ARTICLE IX-C
OFFICE OF VETERAN ADVOCATE
Section 901-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The State Civil Service Commission.
"Local government entity." Any municipal unit of government
of the Commonwealth.
"Veteran." A person who is currently serving or who has
served and been honorably discharged from a branch of the
military, whether under the jurisdiction of the Federal or State
Government.
Section 902-C. Office of Veteran Advocate.
(a) Establishment.--The Office of Veteran Advocate is
established in the Office of Attorney General to represent the
interest of veterans before the commission and to review and
intervene in cases involving, but not limited to, any of the
provisions of the following:
(1) 51 Pa.C.S. (relating to military affairs).
(2) Section 303(a) of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971.
(b) Qualifications.--The Veteran Advocate shall be an
individual who is a veteran and who, by training, experience and
attainment, is qualified to represent the interest of veterans.
Compensation shall be set by the Executive Board.
(c) Other activities prohibited.--No individual who serves
20090HB0253PN0263 - 2 -
as Veteran Advocate shall, while serving in such position,
engage in any business, vocation, other employment or have other
interests inconsistent with the official responsibilities under
this article, nor shall the Veteran Advocate seek or accept
employment nor render beneficial services for compensation with
any other entity.
(d) Limitation.--Any individual who is appointed to the
position of Veteran Advocate shall not seek election nor accept
appointment to any political office during the tenure as Veteran
Advocate and for a period of two years after the appointment is
served or terminated.
Section 903-C. Assistant veteran advocates and other employees.
The Veteran Advocate, with the approval of the Attorney
General, shall appoint attorneys as assistant veteran advocates
and such additional clerical, technical and professional staff
as may be appropriate and may contract for such additional
services as shall be necessary for the performance of the
functions under this article. The compensation of assistant
veteran advocates and such clerical, technical and professional
staff shall be set by the Executive Board. No assistant veteran
advocate or other staff employee shall, while serving in such
position, engage in any business, vocation, other employment or
have other interests inconsistent with the official
responsibilities under this article.
Section 904-C. Powers and duties.
(a) General rule.--In addition to any other authority
conferred under this article, the Veteran Advocate is authorized
and it shall be a duty, in carrying out responsibilities under
this article, to represent the interest of veterans as a party,
or otherwise participate for the purpose of representing an
20090HB0253PN0263 - 3 -
interest of veterans, before the commission in any matter
properly before the commission, and before any court, agency or
local government entity initiating proceedings if, in the
judgment of the Veteran Advocate, such action may be necessary,
in connection with any matter involving regulation by the
commission, whether on appeal or otherwise initiated.
(b) Monitoring.--The Veteran Advocate may monitor all cases
before corresponding agencies of the United States, including
the United States Veterans Administration, which impact
interests of veterans of this Commonwealth and may formally
participate in those proceedings which warrant such
participation.
(c) Discretion.--The Veteran Advocate may exercise
discretion in determining the interests of veterans which will
be advocated in any particular proceeding and in determining
whether or not to participate in or initiate any particular
proceeding and, in so determining, shall consider the public
interest, the resources available and the substantiality of the
effect of the proceeding on the interest of veterans. The
Veteran Advocate may refrain from intervening when, in the
judgment of the Veteran Advocate, intervention is not necessary
to represent adequately the interest of veterans.
(d) Petition.--In addition to any other authority conferred
by this article, the Veteran Advocate is authorized to represent
an interest of veterans which is presented for consideration
upon petition in writing by a substantial number of persons. The
Veteran Advocate shall notify the principal sponsors of any such
petition within a reasonable time after receipt of any such
petition of the action taken or intended to be taken with
respect to the interest of veterans presented in such petition.
20090HB0253PN0263 - 4 -
If the Veteran Advocate declines or is unable to represent such
interest, the sponsors shall be notified and provided with a
statement of the reasons for declining.
(e) Action.--Any action brought by the Veteran Advocate
before a court or an agency of this Commonwealth or a local
government entity shall be brought in the name of the Veteran
Advocate. The Veteran Advocate may name a veteran or group of
veterans in whose name the action may be brought or may join
with a veteran or group of veterans in bringing the action.
(f) Statement.--At such time as the Veteran Advocate
determines, in accordance with applicable time limitations, to
initiate, intervene or otherwise participate in any commission,
agency or court proceeding, the Veteran Advocate shall issue
publicly a written statement, a copy of which shall be filed in
the proceeding in addition to any required entry of appearance,
stating concisely the specific interest of veterans to be
protected.
(g) Military leave.--The Veteran Advocate shall have the
authority to review military leave issues and veteran preference
issues arising at the State and local government levels.
Section 905-C. Duties of commission.
In dealing with any proposed action which may substantially
affect the interest of veterans, the commission shall:
(1) Notify the Veteran Advocate when notice of the
proposed action is given to the public or at a time fixed by
agreement between the Veteran Advocate and the commission in
a manner to assure the Veteran Advocate reasonable notice and
adequate time to determine whether to intervene in such
matter.
(2) Take such action with due consideration to the
20090HB0253PN0263 - 5 -
interest of veterans, consistent with its other statutory
responsibilities.
Section 906-C. Savings provision and construction.
Nothing contained in this article shall in any way limit the
right of any veteran to bring a proceeding before either the
commission or a court.
Section 907-C. Reports.
The Veteran Advocate shall annually transmit to the Governor,
the Attorney General and the General Assembly and shall make
available to the public an annual report on the conduct of the
Office of Veteran Advocate. The Veteran Advocate shall make
recommendations as may be necessary or desirable to protect the
interest of veterans.
Section 908-C. Appropriation.
The General Assembly shall appropriate to the Office of
Veteran Advocate the funding necessary to carry out the
provisions of this article.
Section 2. This act shall take effect July 1, 2009.
20090HB0253PN0263 - 6 -