| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY KASUNIC, KITCHEN, WONDERLING, O'PAKE, TARTAGLIONE, BOSCOLA, BROWNE, FONTANA, GREENLEAF, HUGHES, LOGAN, MUSTO, ORIE, RAFFERTY AND STACK, MARCH 2, 2009 |
| |
| |
| REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 2, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 51 (Military Affairs) of the Pennsylvania |
2 | Consolidated Statutes, changing the name of the Department of |
3 | Military and Veterans Affairs; establishing the Department of |
4 | Veterans Affairs, the bureaus within the department and the |
5 | State Veterans Commission; providing for the powers and |
6 | duties of the Department of Veterans Affairs and its bureaus; |
7 | and making conforming amendments and editorial changes. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 102 of Title 51 of the Pennsylvania |
11 | Consolidated Statutes is amended to read: |
12 | § 102. Definitions. |
13 | Subject to additional definitions contained in subsequent |
14 | provisions of this title which are applicable to specific |
15 | provisions of this title, the following words and phrases when |
16 | used in this title shall have, unless the context clearly |
17 | indicates otherwise, the meanings given to them in this section: |
18 | "Armory." Land, buildings and fixtures used for housing |
19 | elements of the Pennsylvania military forces. |
|
1 | "Department." The Department of Military [and Veterans] |
2 | Affairs of the Commonwealth. |
3 | "National Defense Act." The act of Congress, entitled "An |
4 | act for making further and more effectual provisions for the |
5 | National Defense and for other purposes," approved June 3, 1916, |
6 | its amendments and supplements. |
7 | "National Guard of the United States." The Army National |
8 | Guard of the United States and the Air National Guard of the |
9 | United States. |
10 | "Officer." Commissioned or warrant officer. |
11 | "Order." General or special order, oral or written, whether |
12 | issued pursuant to State or Federal authority. |
13 | "Pennsylvania Guard." Those organized units of the |
14 | Pennsylvania military forces which are not Federally recognized |
15 | or which serve under the authority of the Governor when the |
16 | Pennsylvania National Guard, in whole or in part, is on extended |
17 | Federal active duty. |
18 | "Pennsylvania military forces." The land, air and sea |
19 | military units organized for the internal security of this |
20 | Commonwealth. |
21 | "Pennsylvania National Guard." The Pennsylvania Army |
22 | National Guard and the Pennsylvania Air National Guard. |
23 | Section 2. Section 701 of Title 51 is repealed: |
24 | [§ 701. Overall powers of department. |
25 | (a) Powers and duties.--The department shall continue to |
26 | exercise the powers and perform the duties by law vested in and |
27 | imposed upon the Adjutant General and the department. |
28 | (b) Designation.--The Department of Military Affairs is |
29 | designated as the Department of Military and Veterans Affairs. |
30 | Contracts, deeds and official actions by the department shall |
|
1 | not be affected by the use of the designation by the department |
2 | as the Department of Military Affairs. The department may |
3 | continue to use the name Department of Military Affairs on |
4 | stationery or any official documents until existing supplies are |
5 | exhausted. The department may substitute the title Department of |
6 | Military and Veterans Affairs for the Department of Military |
7 | Affairs on its documents and materials on such schedule as it |
8 | deems appropriate.] |
9 | Section 3. Title 51 is amended by adding a section to read: |
10 | § 702.1. Transfer provisions. |
11 | (a) Designation.--The Department of Military and Veterans |
12 | Affairs is designated as the Department of Military Affairs. |
13 | (b) Transfer enumerated.--The following are transferred to |
14 | the department: |
15 | (1) All bureaus, organizations and divisions in the |
16 | Department of Military and Veterans Affairs relating to its |
17 | military affairs functions enumerated in this title. |
18 | (2) All personnel, allocations, appropriations, |
19 | equipment, files, records, contracts, agreements, obligations |
20 | and other materials which are used, employed or expended by |
21 | the Department of Military and Veterans Affairs in connection |
22 | with the functions transferred by this section to the |
23 | Department of Military Affairs in the first instance and as |
24 | if these contracts, agreements and obligations had been |
25 | incurred or entered into by the Department of Military |
26 | Affairs. |
27 | (c) Apportionment.--The personnel, appropriations, equipment |
28 | and other items and material transferred by this section shall |
29 | include an appropriate portion of the general administrative, |
30 | overhead and supporting personnel, appropriations, equipment and |
|
1 | other material of the agency and shall also include, where |
2 | applicable, Federal grants and funds and other benefits from any |
3 | Federal program. |
4 | (d) Status of employees.--All personnel transferred under |
5 | this section shall retain any civil service employment status |
6 | assigned to the personnel. |
7 | Section 4. Chapter 17 of Title 51 is repealed: |
8 | [CHAPTER 17 |
9 | STATE VETERANS' COMMISSION |
10 | AND DEPUTY ADJUTANT GENERAL |
11 | FOR VETERANS' AFFAIRS |
12 | Subchapter |
13 | A. State Veterans' Commission |
14 | B. Deputy Adjutant General for Veterans' Affairs |
15 | SUBCHAPTER A |
16 | STATE VETERANS' COMMISSION |
17 | Sec. |
18 | 1701. Definitions. |
19 | 1702. State Veterans' Commission. |
20 | 1703. General powers and duties. |
21 | 1704. Specific powers and duties. |
22 | 1705. Veterans' home hall of fame. |
23 | § 1701. Definitions. |
24 | The following words and phrases when used in this chapter |
25 | shall have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Commission." The State Veterans' Commission established by |
28 | this chapter. |
29 | § 1702. State Veterans' Commission. |
30 | (a) Establishment.--There is hereby established within the |
|
1 | department an advisory commission to be known as the State |
2 | Veterans' Commission. |
3 | (b) Composition.--The commission shall be composed of: |
4 | (1) The Adjutant General, ex officio, or his designee. |
5 | (2) The State commander, commandant or head, or his |
6 | designee, of each of the following named veterans' |
7 | organizations: |
8 | (i) The American Legion. |
9 | (ii) AMVETS. |
10 | (iii) Blinded Veterans Association. |
11 | (iv) Catholic War Veterans of the United States of |
12 | America. |
13 | (v) Disabled American Veterans. |
14 | (vi) Jewish War Veterans of the United States. |
15 | (vii) Marine Corps League. |
16 | (viii) Military Order of the Purple Heart. |
17 | (ix) State Association of County Directors of |
18 | Veterans' Affairs. |
19 | (x) Veterans of Foreign Wars of the United States. |
20 | (xi) Veterans of World War I of the United States of |
21 | America, Inc. |
22 | (xii) Italian-American War Veterans of the United |
23 | States, Inc. |
24 | (xiii) The Vietnam Veterans of America, Inc. |
25 | (xiv) American Ex-Prisoners of War. |
26 | (xv) Keystone Paralyzed Veterans Association. |
27 | (3) Four members at large appointed by the Governor from |
28 | a list provided by the Adjutant General, each of whom shall |
29 | be a veteran and a member in good and regular standing of a |
30 | Pennsylvania branch, post, lodge or club of a recognized |
|
1 | national veterans' organization active in this Commonwealth. |
2 | At least one member shall be a female veteran, and at least |
3 | one member shall be a veteran of the Vietnam era. Members at |
4 | large shall serve a term of four years and until a successor |
5 | has been appointed. |
6 | (4) The State Adjutants of the American Legion, the |
7 | Disabled American Veterans (DAV) and the Veterans of Foreign |
8 | Wars (VFW) and the Executive Director of AMVETS as nonvoting |
9 | members. |
10 | (c) Officers.--The commission shall annually elect a |
11 | chairman and vice chairman at the first meeting of the |
12 | commission after October 1. The Deputy Adjutant General for |
13 | Veterans' Affairs shall serve as the executive secretary to the |
14 | commission. |
15 | (d) Compensation and expenses.--Members of the commission |
16 | shall receive no compensation for their services but shall |
17 | receive reimbursement for their necessary and proper expenses |
18 | for attendance at meetings. |
19 | (e) Meetings and quorum.--The commission shall meet upon the |
20 | call of the chairman or the Adjutant General. Nine members of |
21 | the commission shall constitute a quorum. |
22 | (f) Declared vacancies.--The Governor, upon recommendation |
23 | of the Adjutant General, shall declare a vacancy to exist |
24 | whenever any member at large fails to attend three consecutive |
25 | meetings without good cause. Any declared vacancy shall be |
26 | filled for the unexpired term. |
27 | § 1703. General powers and duties. |
28 | The commission shall advise the Adjutant General and the |
29 | department on all matters pertaining to the status, welfare, |
30 | benefits, employment and support of veterans and veterans' |
|
1 | programs in this Commonwealth and shall perform such other |
2 | functions as are provided by law. |
3 | § 1704. Specific powers and duties. |
4 | The commission shall have the following powers and duties: |
5 | (1) Advise the Adjutant General upon such matters as the |
6 | Adjutant General may bring before it. |
7 | (2) Investigate the work of the department and make |
8 | recommendations to it regarding the department's |
9 | administration of the laws providing for the payment of |
10 | pensions and relief, for the marking of graves of veterans |
11 | and for the selection, acquisition and maintenance of a State |
12 | military cemetery. |
13 | (3) Investigate and recommend to the Governor |
14 | legislation for submission to the General Assembly concerning |
15 | veterans and their activities. |
16 | (4) Oversee veterans' emergency assistance payments |
17 | under Chapter 85 (relating to veterans' emergency |
18 | assistance). |
19 | (5) Certify educational gratuity payments for eligible |
20 | children under Chapter 87 (relating to educational gratuity |
21 | program). |
22 | (6) Determine eligibility of veteran applicants for real |
23 | property tax exemptions under Chapter 89 (relating to |
24 | disabled veterans' real estate tax exemption). |
25 | (7) Promulgate rules and regulations governing all |
26 | actions of the commission under paragraphs (4), (5) and (6). |
27 | § 1705. Veterans' home hall of fame. |
28 | (a) General rule.--Each veterans' home operated by the |
29 | Commonwealth shall establish and dedicate a hall of fame to |
30 | recognize and honor the military achievements of outstanding |
|
1 | veterans who have completed honorable, active duty military |
2 | service and who reside or resided in the geographic region |
3 | served by the veterans' home. The area or space in the veterans' |
4 | home dedicated to the hall of fame may be used for other |
5 | purposes. |
6 | (b) Selection of inductees.--The advisory council for each |
7 | veterans' home shall, consistent with the guidelines established |
8 | by the commission in subsection (c), nominate eligible veterans |
9 | for induction into the hall of fame by the commission and |
10 | perform such other duties relating to the hall of fame as |
11 | approved by the commission. Any Medal of Honor recipient shall |
12 | be automatically inducted into the hall of fame. |
13 | (c) Oversight.--The commission shall develop guidelines for |
14 | the halls of fame. The guidelines shall include, but not be |
15 | limited to: |
16 | (1) Eligibility criteria for qualified candidates. |
17 | (2) Procedures for nomination of candidates and |
18 | selection of inductees. |
19 | (3) Ceremonies to officially honor the inductees. |
20 | (4) Manner of recognizing or presenting the inductees in |
21 | the halls of fame. |
22 | (5) Maintenance of the halls of fame. |
23 | (6) Duties of the advisory councils of the veterans' |
24 | homes relating to the halls of fame. |
25 | (d) Documentation.--Each eligible veteran or his or her |
26 | representative shall be responsible for obtaining the |
27 | documentation necessary to establish his or her eligibility from |
28 | the National Archives in Washington, D.C., or the National |
29 | Personnel Record Center in St. Louis, Missouri. |
30 | (e) Centralized list.--The State Veterans' Commission shall |
|
1 | keep a centralized list of all hall of fame inductees from all |
2 | regional veterans' homes. |
3 | SUBCHAPTER B |
4 | DEPUTY ADJUTANT GENERAL |
5 | FOR VETERANS' AFFAIRS |
6 | Sec. |
7 | 1711. Qualifications and status. |
8 | 1712. Specific duties. |
9 | § 1711. Qualifications and status. |
10 | (a) Deputy Adjutants General.--In addition to such other |
11 | Deputy Adjutants General as may be named in the department, |
12 | there shall be a Deputy Adjutant General for Veterans' Affairs, |
13 | who shall perform the duties under section 1712 (relating to |
14 | specific duties) and such other duties as the Adjutant General |
15 | may assign. |
16 | (b) Appointment.--The Deputy Adjutant General for Veterans' |
17 | Affairs shall be selected and appointed as other Deputy |
18 | Adjutants General are selected and appointed. He shall be a |
19 | veteran and an active member of at least one of the veterans' |
20 | organizations listed under section 1702(b) (relating to State |
21 | Veterans' Commission). |
22 | (c) Compensation.--The compensation of the Deputy Adjutant |
23 | General for Veterans' Affairs shall be as established by law. |
24 | (d) Status.--The Deputy Adjutant General for Veterans' |
25 | Affairs shall be accorded all the rights, emoluments and |
26 | privileges, except pay and allowances, of a brigadier general in |
27 | the Pennsylvania Guard and shall be addressed as "General." |
28 | § 1712. Specific duties. |
29 | In addition to such other duties as may be provided by law or |
30 | as assigned by the Adjutant General, the Deputy Adjutant General |
|
1 | for Veterans' Affairs shall have the following specific duties: |
2 | (1) To recommend to the Adjutant General and the |
3 | Governor, with the advice of the State Veterans' Commission, |
4 | new legislation and amendments to existing statutes |
5 | concerning veterans and their activities for consideration by |
6 | the General Assembly. |
7 | (2) To cooperate with all Federal and State departments |
8 | and agencies in the interest of veterans. |
9 | (3) To aid in filing and prosecuting claims of |
10 | Pennsylvania's veterans and their dependents under Federal or |
11 | State laws or regulations. |
12 | (4) To aid veterans in seeking employment or |
13 | reemployment after their honorable discharge from the armed |
14 | forces of the United States. |
15 | (5) To aid veterans requiring medical care in securing |
16 | hospitalization provided by a Federal or State medical or |
17 | care facility. |
18 | (6) To aid in the rehabilitation of injured, wounded or |
19 | compensable veterans in educational institutions or |
20 | vocational training institutions for which they may be |
21 | eligible by law. |
22 | (7) To cooperate with and advise the Department of |
23 | Education with respect to vocational training programs for |
24 | veterans, particularly programs suited to casualties. |
25 | (8) To administer relief provided by the Commonwealth |
26 | for veterans and their dependents. |
27 | (9) To administer the distribution under the direction |
28 | of the Adjutant General of any compensation to veterans or |
29 | their dependents that has been or may be granted by the |
30 | Commonwealth. |
|
1 | (10) To investigate the work of other State agencies in |
2 | administering laws affecting veterans and their dependents. |
3 | (11) To investigate, compile and maintain complete and |
4 | accurate data concerning veterans of the armed forces of the |
5 | United States and all State and municipal activities related |
6 | thereto. |
7 | (12) To compile from the records transmitted from the |
8 | various counties of this Commonwealth a record of the burial |
9 | places in this Commonwealth of deceased veterans, including |
10 | such information as the Deputy Adjutant General for Veterans' |
11 | Affairs or his designee deems necessary and appropriate. |
12 | (13) To disseminate information concerning |
13 | Pennsylvania's veterans and Pennsylvania's veterans' programs |
14 | to veterans' organizations, to the public press and other |
15 | media and to the general public. |
16 | (14) To biannually submit, through the Adjutant General, |
17 | to the Governor a report of State activities on behalf of |
18 | veterans. |
19 | (15) To serve as a clearinghouse for all problems or |
20 | issues related to Pennsylvania's veterans and their |
21 | dependents. |
22 | (16) To serve as Executive Secretary of the State |
23 | Veterans' Commission.] |
24 | Section 5. Title 51 is amended by adding a chapter to read: |
25 | CHAPTER 18 |
26 | DEPARTMENT OF VETERANS AFFAIRS |
27 | Sec. |
28 | 1801. Definitions. |
29 | 1802. Department of Veterans Affairs. |
30 | 1803. Secretary of Veterans Affairs. |
|
1 | 1804. Deputy secretaries. |
2 | 1805. Bureaus and commissions. |
3 | 1806. Powers and duties of department. |
4 | 1807. Bureau of Veterans Homes. |
5 | 1808. Bureau of Veterans Programs, Benefits and Claims. |
6 | 1809. Bureau of Administration and Personnel. |
7 | 1810. State Veterans Commission. |
8 | 1811. Veterans home hall of fame. |
9 | 1812. Application of Administrative Code. |
10 | § 1801. Definitions. |
11 | The following words and phrases when used in this chapter |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Commission." The State Veterans Commission established |
15 | under this chapter. |
16 | "Department." The Department of Veterans Affairs of the |
17 | Commonwealth established under this chapter. |
18 | "Secretary." The Secretary of Veterans Affairs of the |
19 | Commonwealth. |
20 | § 1802. Department of Veterans Affairs. |
21 | (a) Establishment.--The Department of Veterans Affairs is |
22 | hereby established as an administrative department within the |
23 | Executive Department of the Commonwealth and is vested with the |
24 | power and authority as set forth in this chapter. |
25 | (b) Transfer provisions.--The following are transferred to |
26 | the department: |
27 | (1) All bureaus, organizations and divisions in the |
28 | Department of Military and Veterans Affairs responsible for |
29 | the functions enumerated in this chapter. |
30 | (2) All personnel, allocations, appropriations, |
|
1 | equipment, files, records, contracts, agreements, obligations |
2 | and other materials that are used, employed or expended by |
3 | the Department of Military and Veterans Affairs in connection |
4 | with the functions transferred by this chapter to the |
5 | Department of Veterans Affairs in the first instance and as |
6 | if these contracts, agreements and obligations had been |
7 | incurred or entered into by the Department of Veterans |
8 | Affairs. |
9 | (c) Apportionment.--The personnel, appropriations, equipment |
10 | and other items and material transferred by this section shall |
11 | include an appropriate portion of the general administrative, |
12 | overhead and supporting personnel, appropriations, equipment and |
13 | other material of the agency and shall also include, where |
14 | applicable, Federal grants and funds and other benefits from any |
15 | Federal program. |
16 | (d) Status of employees.--All personnel transferred under |
17 | this section shall retain any civil service employment status |
18 | assigned to the personnel. |
19 | § 1803. Secretary of Veterans Affairs. |
20 | (a) Appointment.--The Governor shall nominate in accordance |
21 | with the provisions of the Constitution of Pennsylvania and, by |
22 | and with the advice and consent of a majority of the members |
23 | elected to the Senate, appoint a Secretary of Veterans Affairs. |
24 | (b) Qualifications.--No person shall be nominated under |
25 | subsection (a) unless the person is a veteran. |
26 | (c) Term.--The Secretary of Veterans Affairs shall serve a |
27 | four-year term and until a successor shall have been appointed |
28 | and qualified. |
29 | (d) Vacancy.--If the office of Secretary of Veterans Affairs |
30 | shall become vacant, the Governor shall fill the vacancy in |
|
1 | accordance with the provisions of the Constitution of |
2 | Pennsylvania and subsection (a). |
3 | § 1804. Deputy secretaries. |
4 | The secretary shall appoint three deputy secretaries, who |
5 | shall serve at the pleasure of the secretary, to assist the |
6 | secretary in the administration and operation of the department |
7 | as follows: |
8 | (1) Deputy Secretary for Veterans Homes. |
9 | (2) Deputy Secretary for Veterans Programs, Benefits and |
10 | Claims. |
11 | (3) Deputy Secretary for Veterans Administration and |
12 | Personnel. |
13 | § 1805. Bureaus and commissions. |
14 | The following bureaus and commissions are created within the |
15 | department: |
16 | (1) The Bureau of Veterans Homes. |
17 | (2) The Bureau of Veterans Programs, Benefits and |
18 | Claims. |
19 | (3) The Bureau of Administration and Personnel. |
20 | (4) The State Veterans Commission. |
21 | § 1806. Powers and duties of department. |
22 | The department shall have the following powers and duties: |
23 | (1) To administer the laws providing for the payment of |
24 | pensions and relief, for the marking of graves of the |
25 | veterans and for the selection, acquisition and maintenance |
26 | of a State military cemetery. |
27 | (2) To investigate and compile data concerning veterans |
28 | of the armed forces of the United States and all State and |
29 | municipal activities relating to veterans. |
30 | (3) To administer veterans pensions and benefits under |
|
1 | Chapter 77 (relating to veterans' pensions and benefits). |
2 | (4) To administer the Veterans' Emergency Assistance |
3 | Program established under Chapter 85 (relating to veterans' |
4 | emergency assistance). |
5 | (5) To administer the Educational Gratuity Program |
6 | established under Chapter 87 (relating to Educational |
7 | Gratuity Program). |
8 | (6) To administer the disabled veterans real estate tax |
9 | exemption under Chapter 89 (relating to disabled veterans' |
10 | real estate tax exemption). |
11 | (7) To recommend to the Governor new legislation and |
12 | amendments to existing statutes concerning veterans and their |
13 | activities for submission to the General Assembly. |
14 | (8) To cooperate with all departments and agencies of |
15 | the Commonwealth in the interest of veterans welfare. |
16 | (9) To aid in filing and prosecuting all claims of the |
17 | Commonwealth's veterans and dependents of veterans under |
18 | Federal or State statutes. |
19 | (10) To aid in the employment and reemployment of all |
20 | veterans honorably discharged from the armed forces of the |
21 | United States or their auxiliaries. |
22 | (11) To aid in securing hospitalization for any veteran |
23 | requiring medical care that may be provided by a Federal or |
24 | State mental, medical or surgical facility specifically |
25 | provided for veterans or in any other public hospital. |
26 | (12) To aid in the rehabilitation of injured, wounded or |
27 | compensable veterans or other veterans in educational |
28 | institutions or vocational training institutions to which |
29 | they may be eligible by statute. |
30 | (13) To cooperate with and advise the Department of |
|
1 | Education with respect to the establishment of vocational |
2 | training programs, particularly programs suited to war |
3 | casualties, for either day or evening instruction, or both. |
4 | (14) To administer relief provided by the Commonwealth |
5 | for veterans and dependents of veterans. |
6 | (15) To administer the distribution of any compensation |
7 | to veterans or dependents of veterans that has been or may be |
8 | granted by the Commonwealth. |
9 | (16) To investigate the work of other departments of the |
10 | Commonwealth administering laws affecting veterans or |
11 | veterans' orphans. |
12 | (17) To investigate, compile and maintain complete and |
13 | accurate data concerning veterans of the armed forces of the |
14 | United States and all State and municipal activities relating |
15 | thereto. |
16 | (18) To compile from the records transmitted from the |
17 | various counties of this Commonwealth, a record of the burial |
18 | places within this Commonwealth of deceased service persons, |
19 | including such information as the secretary deems necessary |
20 | and appropriate. |
21 | (19) To establish an information center and to |
22 | disseminate regularly to chapters, camps and posts of |
23 | veterans organizations throughout this Commonwealth such |
24 | information as the secretary shall determine, and to transmit |
25 | to the public press and other media of public information, |
26 | information relative to veterans as may be of public |
27 | interest. |
28 | (20) To submit biannually to the Governor, a report of |
29 | State activities on behalf of veterans. |
30 | (21) To perform other duties in connection with veterans |
|
1 | that may be referred to the secretary by other departments or |
2 | agencies of the Commonwealth, and to be a clearinghouse for |
3 | all problems related to Pennsylvania veterans and their |
4 | dependents. |
5 | (22) To appoint an executive secretary to the |
6 | commission. |
7 | § 1807. Bureau of Veterans Homes. |
8 | (a) Establishment.--The Bureau of Veterans Homes is hereby |
9 | established as a bureau within the department. |
10 | (b) Powers and duties.--In addition to the powers and duties |
11 | conferred under this chapter, the Deputy Secretary for Veterans |
12 | Homes shall, with the approval of the secretary, have the power |
13 | and duty to: |
14 | (1) Oversee the bureau and make recommendations to the |
15 | secretary regarding the maintenance and operation of veterans |
16 | homes throughout this Commonwealth. |
17 | (2) Appoint a director to administer each veterans home. |
18 | Each director shall be qualified and licensed in this |
19 | Commonwealth as a nursing home administrator. Each director |
20 | shall appoint such officers and employees as may be necessary |
21 | and fix their salaries in conformity with the standards |
22 | established by the Executive Board. |
23 | (3) Accept gifts, grants or payments for the use of each |
24 | veterans home, except that the department may expend Federal |
25 | funds to the extent they are appropriated to the department |
26 | by the General Assembly. |
27 | (4) Establish a schedule of fees to be charged to |
28 | residents. The fees shall be based on the level of service or |
29 | care required and the ability of the resident to pay. The |
30 | department shall establish the level of service to be |
|
1 | provided in accordance with the Federal Department of |
2 | Veterans Affairs' standards of nursing and domiciliary care. |
3 | (c) Advisory councils for veterans homes.-- |
4 | (1) There is hereby established an advisory council for |
5 | each veterans home operated by the department. Each advisory |
6 | council shall consist of 15 members and the secretary, who |
7 | shall serve ex officio. Twelve of the members shall be |
8 | appointed by the Governor from a list of nominations |
9 | submitted to the secretary by the Pennsylvania War Veterans |
10 | Council. The president pro tempore of the Senate and the |
11 | Speaker of the House of Representatives shall each appoint |
12 | one member from their respective legislative chamber to serve |
13 | on each council. The remaining member on the advisory council |
14 | shall be selected by the residents of the veterans homes. |
15 | (2) Each member of the councils appointed from the |
16 | General Assembly shall serve for the duration of that session |
17 | of the General Assembly. The eight members appointed by the |
18 | Governor shall serve a term of three years, provided that the |
19 | initial eight members selected by the Governor shall serve as |
20 | follows: three members for one year, three members for two |
21 | years and two members for three years as designated by the |
22 | Governor. Each council shall organize as soon as possible and |
23 | shall annually elect a president, vice president and |
24 | secretary. |
25 | (3) The members appointed by the Governor may be removed |
26 | by the Governor for cause. |
27 | (4) Six members of the council shall constitute a quorum |
28 | for the purpose of conducting the business of the council. |
29 | Each council shall meet at least quarterly and at other times |
30 | at the call of the president. |
|
1 | (5) Members of each council shall receive no |
2 | compensation for their services but shall receive |
3 | reimbursement for their necessary and proper expenses for |
4 | attendance at meetings. |
5 | (6) Each council shall advise the secretary as to the |
6 | management, operation and the adequacy of facilities and |
7 | services at their respective homes. |
8 | § 1808. Bureau of Veterans Programs, Benefits and Claims. |
9 | (a) Establishment.--The Bureau of Veterans Programs, |
10 | Benefits and Claims is hereby established as a bureau within the |
11 | department. The bureau shall administer all veterans programs, |
12 | except veterans homes, providing for the administration of all |
13 | benefits granted to veterans under the laws of this |
14 | Commonwealth. |
15 | (b) Powers and duties.--In addition to the powers and duties |
16 | conferred under this chapter, the Deputy Secretary for Veterans |
17 | Programs, Benefits and Claims shall have the power and duty to: |
18 | (1) Oversee the Bureau of Veterans Programs, Benefits |
19 | and Claims and assist veterans and their dependents in making |
20 | claims under Federal or State law. |
21 | (2) Make recommendations to the secretary regarding the |
22 | administration of veterans programs of the Commonwealth. |
23 | (3) Oversee the Scotland School for Veterans' Children. |
24 | § 1809. Bureau of Administration and Personnel. |
25 | (a) Establishment.--The Bureau of Administration and |
26 | Personnel is hereby established as a bureau within the |
27 | department. The bureau shall be responsible for all matters |
28 | relating to the administration of the department. |
29 | (b) Powers and duties.--The Deputy Secretary for |
30 | Administration and Personnel shall have the following powers and |
|
1 | duties: |
2 | (1) Oversee the Bureau of Administration and Personnel. |
3 | (2) Oversee department personnel. |
4 | (3) Administer the day-to-day operations of the |
5 | department. |
6 | (4) Manage the fiscal affairs of the department. |
7 | (5) Formulate a proposed budget, which shall be approved |
8 | by the secretary, for submission to the Governor. |
9 | (6) Make recommendations to the secretary regarding the |
10 | operations of the department. |
11 | § 1810. State Veterans Commission. |
12 | (a) Establishment.--There is hereby established within the |
13 | department an advisory commission to be known as the State |
14 | Veterans Commission. |
15 | (b) Composition.--The commission shall be composed of: |
16 | (1) The secretary, ex officio or his designee. |
17 | (2) The Adjutant General or his designee. |
18 | (3) The State commander, commandant or head, or his |
19 | designee, of each of the following named veterans |
20 | organizations: |
21 | (i) The American Legion. |
22 | (ii) AMVETS. |
23 | (iii) Blinded Veterans Association. |
24 | (iv) Catholic War Veterans of the United States of |
25 | America. |
26 | (v) Disabled American Veterans. |
27 | (vi) Jewish War Veterans of the United States of |
28 | America. |
29 | (vii) Marine Corps League. |
30 | (viii) Military Order of the Purple Heart. |
|
1 | (ix) State Association of County Directors of |
2 | Veterans Affairs. |
3 | (x) Veterans of Foreign Wars of the United States. |
4 | (xi) Veterans of World War I of the United States of |
5 | America, Inc. |
6 | (xii) Italian-American War Veterans of the United |
7 | States. |
8 | (xiii) The Vietnam Veterans of America. |
9 | (xiv) American Ex-Prisoners of War. |
10 | (xv) Keystone Paralyzed Veterans of America. |
11 | (4) Four members at large appointed by the Governor from |
12 | a list provided by the Adjutant General, each of whom shall |
13 | be a veteran and a member in good and regular standing of a |
14 | Pennsylvania branch, post, lodge or club of a recognized |
15 | national veterans organization active in this Commonwealth. |
16 | At least one member shall be a female veteran, and at least |
17 | one member shall be a veteran of the Vietnam era. Members at |
18 | large shall serve a term of four years and until a successor |
19 | has been appointed. |
20 | (5) The State Adjutants of the American Legion, the |
21 | Disabled American Veterans (DAV) and the Veterans of Foreign |
22 | Wars (VFW) and the Executive Director of AMVETS as nonvoting |
23 | members. |
24 | (c) Officers.--The commission shall annually elect a |
25 | chairman and vice chairman at the first meeting of the |
26 | commission after October 1. The Deputy Adjutant General for |
27 | Veterans Affairs shall serve as the executive secretary to the |
28 | commission. |
29 | (d) Compensation and expenses.--Members of the commission |
30 | shall receive no compensation for their services but shall |
|
1 | receive reimbursement for their necessary and proper expenses |
2 | for attendance at meetings. |
3 | (e) Meetings and quorum.--The commission shall meet upon the |
4 | call of the chairman or the Adjutant General. Nine members of |
5 | the commission shall constitute a quorum. |
6 | (f) Declared vacancies.--The Governor, upon recommendation |
7 | of the Adjutant General, shall declare a vacancy to exist |
8 | whenever any member at large fails to attend three consecutive |
9 | meetings without good cause. Any declared vacancy shall be |
10 | filled for the unexpired term. |
11 | (g) General powers and duties.--The commission shall advise |
12 | the secretary and the department on all matters pertaining to |
13 | the status, welfare, benefits, employment and support of |
14 | veterans and veterans programs in this Commonwealth and shall |
15 | perform such other functions as are provided by law. |
16 | (h) Specific powers and duties.--The commission shall have |
17 | the following powers and duties: |
18 | (1) Advise the secretary upon such matters as the |
19 | secretary may bring before it. |
20 | (2) Investigate the work of the department and make |
21 | recommendations to it regarding the department's |
22 | administration of the laws providing for the payment of |
23 | pensions and relief, for the marking of graves of veterans |
24 | and for the selection, acquisition and maintenance of a State |
25 | military cemetery. |
26 | (3) Investigate and recommend to the secretary |
27 | legislation for submission to the General Assembly concerning |
28 | veterans and their activities. |
29 | § 1811. Veterans home hall of fame. |
30 | (a) General rule.--Each veterans home operated by the |
|
1 | Commonwealth shall establish and dedicate a hall of fame to |
2 | recognize and honor the military achievements of outstanding |
3 | veterans who have completed honorable, active duty military |
4 | service and who reside or resided in the geographic region |
5 | served by the veterans home. The area or space in the veterans |
6 | home dedicated to the hall of fame may be used for other |
7 | purposes. |
8 | (b) Selection of inductees.--The advisory council for each |
9 | veterans home shall, consistent with the guidelines established |
10 | by the commission in subsection (c), nominate eligible veterans |
11 | for induction into the hall of fame by the commission and |
12 | perform such other duties relating to the hall of fame as |
13 | approved by the commission. Any Medal of Honor recipient shall |
14 | be automatically inducted into the hall of fame. |
15 | (c) Oversight.--The commission shall develop guidelines for |
16 | the halls of fame. The guidelines shall include, but not be |
17 | limited to: |
18 | (1) Eligibility criteria for qualified candidates. |
19 | (2) Procedures for nomination of candidates and |
20 | selection of inductees. |
21 | (3) Ceremonies to officially honor the inductees. |
22 | (4) Manner of recognizing or presenting the inductees in |
23 | the halls of fame. |
24 | (5) Maintenance of the halls of fame. |
25 | (6) Duties of the advisory councils of the veterans |
26 | homes relating to the halls of fame. |
27 | (d) Documentation.--Each eligible veteran or his or her |
28 | representative shall be responsible for obtaining the |
29 | documentation necessary to establish his or her eligibility from |
30 | the National Archives in Washington, DC, or the National |
|
1 | Personnel Record Center in St. Louis, Missouri. |
2 | (e) Centralized list.--The State Veterans Commission shall |
3 | keep a centralized list of all hall of fame inductees from all |
4 | regional veterans homes. |
5 | § 1812. Application of Administrative Code. |
6 | Except as otherwise provided by law, the department shall be |
7 | subject to all the provisions of the act of April 9, 1929 (P.L. |
8 | 177, No.175), known as The Administrative Code of 1929, which |
9 | apply generally to administrative departments. |
10 | Section 6. Sections 3201, 7701, 7702, 8501, 8504(b), 8505, |
11 | 8701, 8702(a) and (b), 8703(b) and (c), 8901, 8902, 8903, 8904, |
12 | 8905, 9102(a) and (b) and 9301(a) of Title 51 are amended to |
13 | read: |
14 | § 3201. Definitions. |
15 | The following words and phrases when used in this chapter |
16 | shall have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
18 | "Agency." The Pennsylvania Higher Education Assistance |
19 | Agency. |
20 | "Approved institution of higher learning." An educational |
21 | institution offering a post-secondary program of education |
22 | located in this Commonwealth and approved by the Pennsylvania |
23 | Higher Education Assistance Agency. |
24 | "Approved program of education." A degree- or certificate- |
25 | granting curriculum or course of study to be pursued on a full- |
26 | time or part-time basis or its equivalent as determined by the |
27 | Pennsylvania Higher Education Assistance Agency, at an approved |
28 | institution of higher learning. |
29 | "Department." The Department of Military [and Veterans] |
30 | Affairs of the Commonwealth. |
|
1 | "Eligible member." A member of the Pennsylvania National |
2 | Guard who meets the criteria specified in section 3202 (relating |
3 | to eligibility) and who has been awarded a certificate of |
4 | eligibility under section 3203 (relating to certification of |
5 | eligibility). |
6 | "Full-time student." A student enrolled in an approved |
7 | institution of higher learning pursuing an approved program of |
8 | education equal to or greater than 15 credit hours or its |
9 | equivalent recognized by the Pennsylvania Higher Education |
10 | Assistance Agency as a full-time course of study. |
11 | "Part-time student." A student enrolled in an approved |
12 | institution of higher education pursuing an approved program of |
13 | education of less than 15 credit hours or its equivalent |
14 | recognized by the Pennsylvania Higher Education Assistance |
15 | Agency as a part-time course of study. |
16 | "Program." The Educational Assistance Program established in |
17 | this chapter. |
18 | "Qualified resident." An individual who has been a bona fide |
19 | resident of this Commonwealth prior to the time an application |
20 | for a grant is made. The Pennsylvania Higher Education |
21 | Assistance Agency shall make the final decision on whether an |
22 | applicant is a qualified resident. |
23 | § 7701. Blind veteran's pension. |
24 | (a) Definition.--As used in this section the term "blind |
25 | veteran" shall mean any person who served in the military or |
26 | naval forces of the United States, or any woman's organization |
27 | officially connected therewith, at any time, and who gave the |
28 | Commonwealth of Pennsylvania, as his or her place of residence |
29 | at the time of entering the military or naval forces of the |
30 | United States, and who while performing duties connected with |
|
1 | such service suffered an injury or incurred a disease which |
2 | resulted in blindness to the extent that he or she has 3/60 or |
3 | 10/200 or less normal vision. The term "blind veteran" shall not |
4 | include any person separated from the military or naval forces |
5 | of the United States, or any woman's organization officially |
6 | connected therewith, under other than honorable conditions. |
7 | (b) Amount and eligibility.--In addition to any other |
8 | assistance provided by the Commonwealth and in addition to any |
9 | compensation provided by the Federal Government, every blind |
10 | veteran shall be paid a pension of $150 per month. Applications |
11 | for such pensions shall be made to and in the form prescribed by |
12 | the department. The [Adjutant General] department shall have the |
13 | power, and it shall be [his] the department's duty to determine |
14 | the eligibility of every applicant for a pension, and [his] the |
15 | department's decision in the matter shall be final. |
16 | (c) Definitions.--As used in this section, the following |
17 | words and phrases shall have the meanings given to them in this |
18 | subsection: |
19 | "Department." The Department of Veterans Affairs of the |
20 | Commonwealth established under section 1802 (relating to |
21 | Department of Veterans Affairs). |
22 | § 7702. Paralyzed veteran's pension. |
23 | (a) Amount and eligibility.--In addition to any other |
24 | assistance provided by the Commonwealth and in addition to any |
25 | compensation provided by the Federal Government, every paralyzed |
26 | veteran shall be paid a pension of $150 per month. Applications |
27 | for the pensions shall be made to and in the form prescribed by |
28 | the department. The [Adjutant General] department shall |
29 | determine the eligibility of every applicant for a pension, and |
30 | [his] the department's decision in the matter shall be final. |
|
1 | (b) Regulations.--The [Adjutant General] department shall |
2 | promulgate such regulations as may be necessary to implement |
3 | this program. |
4 | (c) Definition.--As used in this section [the term |
5 | "paralyzed veteran" means any], the following words and phrases |
6 | shall have the meanings given to them in this subsection: |
7 | "Paralyzed veteran." A person who served in the military or |
8 | naval forces of the United States, or any woman's organization |
9 | officially connected therewith, and who gave this Commonwealth |
10 | as his or her place of residence at the time of entering the |
11 | military or naval forces of the United States and who, while |
12 | performing duties connected with such service, suffered an |
13 | injury or incurred a disease which resulted in the loss or loss |
14 | of use of two or more extremities. The term does not include any |
15 | person separated from the military or naval forces of the United |
16 | States, or any woman's organization officially connected |
17 | therewith, under other than honorable conditions. |
18 | § 8501. Definitions. |
19 | The following words and phrases when used in this chapter |
20 | shall have the meanings given to them in this section unless the |
21 | context clearly indicates otherwise: |
22 | ["Commission." The State Veterans' Commission established |
23 | under section 1702 (relating to State Veterans' Commission).] |
24 | "Department." The Department of Veterans Affairs of the |
25 | Commonwealth established under section 1802 (relating to |
26 | Department of Veterans Affairs). |
27 | "Eligible veteran." A former member of the military or naval |
28 | service of the United States, or women's organization officially |
29 | connected therewith, who: |
30 | (1) served during a period of war or armed conflict and |
|
1 | was honorably discharged from the armed forces; |
2 | (2) died in service or was killed in action during a |
3 | period of war or armed conflict; or |
4 | (3) as a result of peacetime hostile fire or terrorist |
5 | attack as determined by the department, was killed or |
6 | suffered a service-connected disability as certified by the |
7 | United States Veterans' Administration and, if surviving, was |
8 | honorably discharged from the armed forces. |
9 | "Emergency." A sudden or unexpected loss of income due to |
10 | sickness, disability, unemployment or other cause beyond the |
11 | control of the applicant for emergency assistance. |
12 | "Surviving dependents." The following are considered |
13 | surviving dependents of a deceased eligible veteran: |
14 | (1) The unmarried surviving spouse of the deceased |
15 | eligible veteran. |
16 | (2) If there is no unmarried spouse of a deceased |
17 | eligible veteran, the unmarried minor children, children who, |
18 | before attaining the age of 18, became permanently incapable |
19 | of self-support, and children who are less than 23 years of |
20 | age and are pursuing a full-time course of instruction at an |
21 | approved educational institution, provided they were, on the |
22 | death of the eligible veteran, dependent on the eligible |
23 | veteran for more than 50% of the cost of their support. |
24 | (3) If the eligible veteran is not survived by a spouse |
25 | or dependent children, the surviving parents of the eligible |
26 | veteran, provided that, on the date of the eligible veteran's |
27 | death, they were dependent on the veteran for more than 50% |
28 | of the cost of their support. |
29 | § 8504. Amounts of assistance. |
30 | * * * |
|
1 | (b) Standards.--Subject to the limitation set forth in |
2 | subsection (a), the [State Veterans' Commission shall recommend] |
3 | department shall establish uniform and equitable standards for |
4 | the amounts of veterans' emergency assistance. |
5 | * * * |
6 | § 8505. Appeals. |
7 | Any person aggrieved by a decision denying payment of |
8 | veterans' emergency assistance may appeal to the [Adjutant |
9 | General] department under provisions of Title 2 (relating to |
10 | administrative law and procedure). |
11 | § 8701. Definitions. |
12 | The following words and phrases when used in this chapter |
13 | shall have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | ["Commission." The State Veterans' Commission established |
16 | under section 1702 (relating to State Veterans' Commission).] |
17 | "Department." The Department of Veterans Affairs of the |
18 | Commonwealth established under section 1802 (relating to |
19 | Department of Veterans Affairs). |
20 | "Educational institution." Any college or university of the |
21 | State System of Higher Education, a State-aided educational or |
22 | training institution of a secondary or college grade or other |
23 | institution of higher education, a business school, a trade |
24 | school, a hospital school providing training for nurses, an |
25 | institution providing courses in beauty culture, art, radio or |
26 | undertaking or embalming, or such other educational training |
27 | within this Commonwealth approved by the commission. |
28 | "Eligible disabled or deceased veteran." A person who served |
29 | in the military or naval forces of the United States, or a |
30 | women's organization officially connected therewith, who: |
|
1 | (1) was killed in action or died as a result of wounds |
2 | incurred during a period of war or armed conflict or as a |
3 | result of hostile fire or terrorist attack during peacetime |
4 | (as determined by the Department of Military Affairs); |
5 | (2) died in service during a period of war or armed |
6 | conflict; |
7 | (3) was honorably discharged from the military or naval |
8 | forces of the United States and certified by the United |
9 | States Veterans' Administration as a 100% disabled veteran as |
10 | a result of service during a period of war or armed conflict |
11 | or as a result of hostile fire or terrorist attack (as |
12 | determined by the Department of Military Affairs) during |
13 | peacetime; or |
14 | (4) was honorably discharged from the military or naval |
15 | forces of the United States and died as a result of a |
16 | service-connected disability (as certified by the United |
17 | States Veterans' Administration) incurred during a period of |
18 | war or armed conflict or as a result of peacetime hostile |
19 | fire or terrorist attack (as determined by the Department of |
20 | Military Affairs). |
21 | "Qualified child." Any child meeting the requirements of |
22 | section 8703 (relating to eligibility and qualification |
23 | requirements). |
24 | § 8702. Educational gratuity payments. |
25 | (a) General rule.--The [commission] department shall make |
26 | educational gratuity payments not exceeding $500 per term or |
27 | semester per qualified child to each approved educational |
28 | institution upon submission by that approved educational |
29 | institution of proof that bills have been incurred or contracted |
30 | covering matriculation fees and other necessary fees, tuition, |
|
1 | board, room rent, books and supplies for a qualified child in a |
2 | definite amount for the school year. |
3 | (b) Records.--The [commission] department shall attach the |
4 | proof submitted under subsection (a) to the requisition prepared |
5 | for payment out of appropriations made by the General Assembly |
6 | for purposes of the educational gratuity payments. |
7 | * * * |
8 | § 8703. Eligibility and qualification requirements. |
9 | * * * |
10 | (b) Qualification determination.--The [commission] |
11 | department shall determine qualified applicants based on the |
12 | following requirements: |
13 | (1) The applicant meets the requirements of subsection |
14 | (a). |
15 | (2) The applicant is attending an approved educational |
16 | institution. |
17 | (3) The applicant demonstrates a financial need for the |
18 | educational gratuity. |
19 | (c) Appeal.--Any aggrieved applicant may appeal the decision |
20 | of the [commission to the Adjutant General] department under the |
21 | provisions of Title 2 (relating to administrative law and |
22 | procedure). |
23 | § 8901. Definitions. |
24 | The following words and phrases when used in this chapter |
25 | shall have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Blind." Visual acuity of three-sixtieths or ten two- |
28 | hundredths, or less normal vision. |
29 | ["Commission." The State Veterans' Commission established |
30 | under section 1702 (relating to State Veterans' Commission).] |
|
1 | "Department." The Department of Veterans Affairs of the |
2 | Commonwealth established under section 1802 (relating to |
3 | Department of Veterans Affairs). |
4 | "Paraplegic." The bilateral paralysis of the upper or lower |
5 | extremities of the body. |
6 | § 8902. Exemption. |
7 | (a) General rule.--Any resident of this Commonwealth shall |
8 | be exempt from the payment of all real estate taxes levied upon |
9 | any building, including the land upon which it stands, occupied |
10 | by that person as a principal dwelling, if all of the following |
11 | requirements are met: |
12 | (1) That person has been honorably discharged or |
13 | released under honorable circumstances from the armed forces |
14 | of the United States for service in any war or armed conflict |
15 | in which this nation was engaged. |
16 | (2) As a result of such military service, that person is |
17 | blind or paraplegic or has sustained the loss of two or more |
18 | limbs, or has a service-connected disability declared by the |
19 | United States Veterans' Administration or its successors to |
20 | be a total or 100% permanent disability. |
21 | (3) The dwelling is owned by that person solely, with |
22 | his or her spouse or as an estate by the entireties. |
23 | (4) The need for the exemption from the payment of real |
24 | estate taxes has been determined by the [State Veterans' |
25 | Commission] department in compliance with the requirements of |
26 | this chapter. |
27 | (b) Extension of exemption.--The exemption provided in |
28 | subsection (a) shall be extended to the unmarried surviving |
29 | spouse upon the death of the eligible veteran provided that the |
30 | [State Veterans' Commission] department determines that such |
|
1 | spouse is in need of an exemption. |
2 | § 8903. Duty of board. |
3 | When the conditions specified in section 8902 (relating to |
4 | exemption) are determined to exist by the board for the |
5 | assessment and revision of taxes, or by a similar board for the |
6 | assessment of taxes, and upon the receipt by that board of a |
7 | certification of need for the tax exemption from the |
8 | [commission] department, the board shall grant the tax exemption |
9 | prescribed by section 8902. Notification of the granting of the |
10 | tax exemption by the board shall be forwarded to the person who |
11 | has received the exemption from the payment of real estate taxes |
12 | and to the tax-levying bodies and tax collectors of all |
13 | political subdivisions imposing taxes upon the dwelling of the |
14 | person granted the exemption from payment of real estate taxes. |
15 | § 8904. Duty of [commission] department. |
16 | The [commission] department shall: |
17 | (1) Fix uniform and equitable standards for determining |
18 | the need for exemption from the payment of real estate taxes |
19 | granted by this act. In fixing such uniform and equitable |
20 | standards, the [commission] department shall apply a |
21 | rebuttable presumption that an applicant with annual income |
22 | of $75,000 or less has a need for the exemption. Beginning on |
23 | January 1, 2009, and every two years thereafter, the |
24 | [commission] department shall adjust the annual income level |
25 | qualifying for the rebuttable presumption of need by an |
26 | amount equal to the change in the Consumer Price Index in the |
27 | preceding two years. The [commission] department shall |
28 | publish the adjusted annual income level qualifying for the |
29 | rebuttable presumption of need as a notice in the |
30 | Pennsylvania Bulletin. |
|
1 | (2) After submission of proof of need by the applicant |
2 | for the exemption from payment of real estate taxes, |
3 | determine the need of the applicant. |
4 | (3) Review at least once every five years all |
5 | determinations of need for exemptions from the payment of |
6 | real estate taxes which have been granted in order to |
7 | determine any changes in the economic status of applicants |
8 | bearing upon the question of need. |
9 | (4) Certify the name and address and the need for |
10 | exemption from payment of real estate taxes, or termination |
11 | of such need, to the board for the assessment and revision of |
12 | taxes, or similar board for the assessment of taxes, having |
13 | jurisdiction of the assessment of the real property owned |
14 | solely or as an estate by the entirety and occupied as a |
15 | residence by the person seeking the tax exemption granted by |
16 | this chapter. |
17 | § 8905. Appeals. |
18 | Any applicant aggrieved by a determination of the |
19 | [commission] department may appeal that determination [to the |
20 | Adjutant General] under the provisions of Title 2 (relating to |
21 | administrative law and procedure). |
22 | § 9102. Affidavits and acknowledgments by designated officers. |
23 | (a) Designation of certain officers authorized.--Each local |
24 | organization of The American Red Cross, The American Legion, |
25 | Veterans of World War I of the U.S.A., Inc., Veterans of Foreign |
26 | Wars of the United States, Disabled American Veterans, United |
27 | Spanish War Veterans, Regular Veterans Association, Director of |
28 | Veterans Affairs, Jewish War Veterans of the United States, the |
29 | Military Order of the Purple Heart, the Italian American War |
30 | Veterans of the United States, Incorporated, and such other |
|
1 | similar organizations now or hereafter accredited or recognized |
2 | by the United States Veterans Administration, which supplies |
3 | such aid and assistance to veterans or their dependents, and |
4 | which gratuitously prepares forms for veterans and their |
5 | dependents in connection with their affairs as such before the |
6 | United States, any agency thereof, or the Commonwealth, any |
7 | agency or political subdivision thereof, is hereby authorized to |
8 | designate one of its officers to take affidavits or |
9 | acknowledgments to such forms, as may be required by rule, |
10 | regulation or otherwise by the United States, any agency |
11 | thereof, or the Commonwealth, any agency or political |
12 | subdivision thereof, in the administration of the affairs of |
13 | veterans and their dependents. For the same purposes the |
14 | Adjutant General is authorized to designate one or more persons |
15 | from the Department of Military Affairs, the Secretary of |
16 | Veterans Affairs is authorized to designate one or more persons |
17 | from the Department of Veterans Affairs, and the State Director |
18 | of Selective Service is authorized to designate one or more |
19 | persons from the Pennsylvania Selective Service System. |
20 | (b) Appointment, certification and authority.--When any such |
21 | officer or person is so designated, his name, address and |
22 | official position shall be furnished to the Secretary of the |
23 | Commonwealth, in writing, signed by such designated officer or |
24 | person, accompanied by a certificate of his designation by the |
25 | proper authority of such organization, or of the Adjutant |
26 | General, the Secretary of Veterans Affairs or the State Director |
27 | of Selective Service, as the case may be. Upon receipt of such |
28 | writing and certificate in form as herein provided the Secretary |
29 | of the Commonwealth, with the approval of the Governor, shall |
30 | issue under his hand and seal of his office a certificate of |
|
1 | appointment to such designated officer or person which shall |
2 | authorize him to take affidavits or acknowledgments of veterans |
3 | and their dependents in connection with their affairs as such |
4 | before the United States, any agency thereof, or the |
5 | Commonwealth, any agency or political subdivision thereof. Such |
6 | authorized officer or person shall exercise the authority |
7 | conferred under the provisions of this section at the pleasure |
8 | of the Governor. Each certificate issued as aforesaid by the |
9 | Secretary of the Commonwealth shall be numbered in the order of |
10 | date issued, and the Secretary of the Commonwealth is hereby |
11 | authorized to certify such appointment whenever required. |
12 | * * * |
13 | § 9301. Reports of annual conventions. |
14 | (a) Printing and distribution by Commonwealth.--Whenever the |
15 | department commanders of the Grand Army of the Republic, the |
16 | United Spanish War Veterans, the Veterans of Foreign Wars of the |
17 | United States, the American Legion, the Disabled American |
18 | Veterans of the World War, the Veterans of World War I of the |
19 | U.S.A., Inc., the American Veterans of World War II (AMVETS), |
20 | Military Order of the Purple Heart, Jewish War Veterans, |
21 | Catholic War Veterans, Inc., The Society of the 28th Division, |
22 | A.E.F., the Marine Corps League and the Italian American War |
23 | Veterans of the United States, Incorporated, shall report to the |
24 | Department of [Property and Supplies] General Services the |
25 | proceedings of the annual encampment or conventions of their |
26 | respective departments, with such general and special orders and |
27 | circulars and other data which may form a part of said |
28 | proceedings, then the said proceedings, so reported, shall be |
29 | considered Commonwealth records, and under the direction of the |
30 | Department of [Property and Supplies] General Services, shall be |
|
1 | printed and bound, and a printed and bound copy thereof shall be |
2 | sent to each post or detachment in this Commonwealth of the |
3 | organization of whose proceedings the same is a report. |
4 | * * * |
5 | Section 7. Except as otherwise expressly provided by law, |
6 | the department shall be subject to all the provisions of the act |
7 | of April 9, 1929 (P.L.177, No.175), known as The Administrative |
8 | Code of 1929, which apply generally to administrative |
9 | departments. |
10 | Section 8. The Department of Military and Veterans Affairs |
11 | is designated as the Department of Military Affairs. Contracts, |
12 | deeds and official actions by the department shall not be |
13 | affected by the use of the designation by the department as the |
14 | Department of Military and Veterans Affairs. The department may |
15 | continue to use the name Department of Military and Veterans |
16 | Affairs on stationery or any official documents until existing |
17 | supplies are exhausted. The department may substitute the title |
18 | Department of Military Affairs for the Department of Military |
19 | and Veterans Affairs on its documents and materials on such |
20 | schedule as it deems appropriate. |
21 | Section 20. This act shall take effect in 60 days. |
|
