PRINTER'S NO. 399
No. 364 Session of 1989
INTRODUCED BY THOMAS, RYBAK, JAMES, OLIVER, JOSEPHS, WILLIAMS,
HAYDEN, LINTON, EVANS, WESTON, KOSINSKI, ROBINSON, ACOSTA,
CARN, RIEGER, COLAIZZO, COLE, RICHARDSON, HUGHES AND RITTER,
FEBRUARY 8, 1989
REFERRED TO COMMITTEE ON MILITARY AND VETERANS AFFAIRS,
FEBRUARY 8, 1989
AN ACT
1 Amending Title 51 (Military Affairs) of the Pennsylvania
2 Consolidated Statutes, creating the Office of Veterans'
3 Affairs and defining its functions, powers and duties;
4 transferring certain agencies to the Office of Veterans'
5 Affairs; and making repeals.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 102 of Title 51 of the Pennsylvania
9 Consolidated Statutes is amended by adding definitions to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Director." The Director of the Office of Veterans' Affairs.
18 * * *
1 "Office." The Office of Veterans' Affairs created under
2 section 501.
3 * * *
4 Section 2. Sections 501, 704, 1702, 1703, 1704, 1903(b),
5 7701(b) and 7702 of Title 51 are amended to read:
6 § 501. Powers of Governor.
7 (a) General powers.--The Governor of this Commonwealth as
8 Commander-in-Chief shall have the powers enumerated hereafter in
9 this title over the Pennsylvania military forces which includes
10 the Pennsylvania National Guard when not absent from this
11 Commonwealth on the call or order of the United States and the
12 Pennsylvania Guard when formed, organized and equipped under
13 order from the Governor in conformity with this title.
14 (b) Creation of office.--There is hereby created the Office
15 of Veterans' Affairs under the jurisdiction of the Governor. The
16 office shall be responsible directly to the Governor.
17 (c) Duties of director.--The office shall be headed by the
18 Director of the Office of Veterans' Affairs. The director shall
19 have the specific duty to:
20 (1) Recommend to the Governor new legislation and
21 amendments to existing statutes concerning veterans and their
22 activities for consideration by the General Assembly.
23 (2) Cooperate with all departments and agencies of the
24 Commonwealth in the interest of war veterans' welfare,
25 housing and the obtaining of licenses.
26 (3) Aid in filing and prosecuting all claims of the
27 Commonwealth's war veterans and dependents of war veterans
28 under Federal or State statutes.
29 (4) Aid in the employment and reemployment of all war
30 veterans honorably discharged from the Armed Forces of the
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1 United States or their auxiliaries.
2 (5) Aid in securing hospitalization, for any war veteran
3 requiring medical care, that may be provided by a Federal or
4 State mental, medical or surgical facility specifically
5 provided for war veterans or in any other public hospital.
6 (6) Aid in the rehabilitation of injured, wounded or
7 compensable war veterans, or other war veterans, in
8 educational institutions or vocational training institutions
9 to which they may be eligible by statute.
10 (7) Cooperate with and advise the Department of
11 Education, with respect to the establishment of vocational
12 training programs particularly suited to war casualties, for
13 either day or evening instruction, or both.
14 (8) Administer relief provided by the Commonwealth for
15 war veterans and dependents of war veterans.
16 (9) Administer the distribution of any compensation to
17 war veterans or dependents of war veterans that has been or
18 may be granted by the Commonwealth.
19 (10) Investigate the work of departments of the
20 Commonwealth administering laws affecting war veterans or war
21 veterans' orphans.
22 (11) Investigate, compile and maintain complete and
23 accurate data concerning veterans of the armed forces of the
24 United States and all State and municipal activities relating
25 thereto.
26 (12) Compile from the records, as transmitted by the
27 county commissioners of each county, a record of the burial
28 places within this Commonwealth of deceased service persons,
29 their rank, division, length of service, name and location of
30 cemetery, the location of their graves therein, the character
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1 of headstones or other markers, if any, and such other
2 information deemed desirable.
3 (13) Establish an information center and disseminate
4 regularly to chapters, camps and posts of war veterans'
5 organizations throughout the Commonwealth such information as
6 he shall determine, and transmit to the public press and
7 other media of public information such information relative
8 to war veterans as should be of public interest.
9 (14) Biannually submit to the Governor a report of State
10 activities on behalf of veterans.
11 (15) Perform such other duties in connection with war
12 veterans that may be referred to him by departments or
13 agencies of the Commonwealth, and provide the office as a
14 clearinghouse for all veterans' war service-connected
15 problems.
16 § 704. Advisory councils for veterans' homes.
17 (a) Establishment of advisory council.--There is hereby
18 established an advisory council for each veterans' home operated
19 by the Commonwealth. Each advisory council shall consist of 11
20 members and the [Adjutant General] director, who shall serve ex
21 officio. Eight of the members shall be appointed by the Governor
22 from a list of nominations submitted to the [Adjutant General]
23 director by the Pennsylvania War Veterans' Council. The Speaker
24 of the House of Representatives and the President pro tempore of
25 the Senate shall each appoint one member from their respective
26 bodies to serve on each council. The remaining member on the
27 advisory council shall be selected by the residents of the
28 veterans' homes.
29 (b) Term of office and officers.--Each member of the
30 councils appointed from the General Assembly shall serve for the
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1 duration of that General Assembly. The eight members appointed
2 by the Governor shall serve a term of three years, provided that
3 the initial eight members selected by the Governor shall serve
4 as follows: three members for one year, three members for two
5 years and two members for three years as designated by the
6 Governor. Each council shall organize as soon as possible and
7 shall annually elect a president, vice president and secretary.
8 (c) Removal for cause.--The members appointed by the
9 Governor may be removed by the Governor for cause.
10 (d) Quorum and time of meetings.--Six members of a council
11 shall constitute a quorum for the purpose of conducting the
12 business of the council. Each advisory council shall meet at
13 least quarterly and at other times at the call of the president.
14 (e) Expenses.--Members of each advisory council shall
15 receive no compensation for their services but shall receive
16 reimbursement for their necessary and proper expenses for
17 attendance at meetings.
18 (f) Power and duty of advisory councils.--Each veterans'
19 home advisory council shall advise the [Adjutant General]
20 director as to the management, operation and the adequacy of
21 facilities and services at their respective homes.
22 § 1702. State Veterans' Commission.
23 (a) Establishment.--There is hereby established within the
24 [Department of Military Affairs] office an advisory commission
25 to be known as the State Veterans' Commission.
26 (b) Composition.--The commission shall be composed of:
27 (1) The [Adjutant General] director, ex officio, or his
28 designee.
29 (2) The State commander, commandant or head, or his
30 designee, of each of the following named veterans'
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1 organizations:
2 (i) The American Legion.
3 (ii) AMVETS.
4 (iii) Blinded Veterans Association.
5 (iv) Catholic War Veterans of the United States of
6 America.
7 (v) Disabled American Veterans.
8 (vi) Jewish War Veterans of the United States.
9 (vii) Marine Corps League.
10 (viii) Military Order of the Purple Heart.
11 (ix) State Association of County Directors of
12 Veterans' Affairs.
13 (x) Veterans of Foreign Wars of the United States.
14 (xi) Veterans of World War I of the United States of
15 America, Inc.
16 (xii) Italian-American War Veterans of the United
17 States, Inc.
18 (3) Four members at large appointed by the Governor from
19 a list provided by the [Adjutant General] director, each of
20 whom shall be a veteran and a member in good and regular
21 standing of a Pennsylvania branch, post, lodge or club of a
22 recognized national veterans' organization active in this
23 Commonwealth. At least one member shall be a female veteran
24 and at least one member shall be a veteran of the Vietnam
25 era. Members at large shall serve a term of four years and
26 until a successor has been appointed.
27 (c) Officers.--The commission shall annually elect a
28 chairman and vice chairman at the first meeting of the
29 commission after October 1. The [Director of the Bureau for
30 Veterans' Affairs] assistant director of the office shall serve
19890H0364B0399 - 6 -
1 as the executive secretary to the commission.
2 (d) Compensation and expenses.--Members of the commission
3 shall receive no compensation for their services but shall
4 receive reimbursement for their necessary and proper expenses
5 for attendance at meetings.
6 (e) Meetings and quorum.--The commission shall meet upon the
7 call of the chairman or the [Adjutant General] director. Nine
8 members of the commission shall constitute a quorum.
9 (f) Declared vacancies.--The Governor, upon recommendation
10 of the [Adjutant General] director, shall declare a vacancy to
11 exist whenever any member at large fails to attend three
12 consecutive meetings without good cause. Any declared vacancy
13 shall be filled for the unexpired term.
14 § 1703. General powers and duties.
15 The commission shall advise the [Adjutant General and the
16 Department of Military Affairs] director on all matters
17 pertaining to the status, welfare, benefits, employment and
18 support of veterans and veterans' programs in this Commonwealth
19 and shall perform such other functions as are provided by law.
20 § 1704. Specific powers and duties.
21 The commission shall have the following powers and duties:
22 (1) Advise the [Adjutant General] director upon such
23 matters as the [Adjutant General] director may bring before
24 it.
25 (2) Investigate the work of the [Department of Military
26 Affairs] office and make recommendations to it regarding the
27 [department's] office's administration of the laws providing
28 for the payment of pensions and relief, for the marking of
29 graves of veterans and for the selection, acquisition and
30 maintenance of a State Military Cemetery.
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1 (3) Investigate and recommend to the Governor
2 legislation for submission to the General Assembly concerning
3 veterans and their activities.
4 (4) Oversee veterans' emergency assistance payments
5 under Chapter 85 (relating to veterans' emergency
6 assistance).
7 (5) Certify educational gratuity payments for eligible
8 children under Chapter 87 (relating to educational gratuity
9 program).
10 (6) Determine eligibility of veteran applicants for real
11 property tax exemptions under Chapter 89 (relating to
12 disabled veterans' real estate tax exemption).
13 (7) Promulgate rules and regulations governing all
14 actions of the commission under paragraphs (4), (5) and (6).
15 § 1903. Pennsylvania Veterans' Memorial Commission.
16 * * *
17 (b) Composition of commission.--The commission shall be
18 composed of the following:
19 (1) Two members of the Senate to be appointed by the
20 President pro tempore of the Senate, one from the majority
21 party and one from the minority party. Preference shall be
22 given to honorably discharged veterans.
23 (2) Two members of the House of Representatives to be
24 appointed by the Speaker of the House of Representatives, one
25 from the majority party and one from the minority party.
26 Preference shall be given to honorably discharged veterans.
27 (3) The Secretary of General Services, or a designee.
28 (4) The Executive Director of the Pennsylvania
29 Historical and Museum Commission, or a designee.
30 (5) One member, appointed by the Governor, who must be
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1 an architect.
2 (6) Five members, appointed by the Governor, who must be
3 Pennsylvania veterans. At least one of these members must be
4 a woman.
5 (7) The Commander of the Pennsylvania War Veteran's
6 Council, or a designee.
7 (8) The State Adjutant of the Pennsylvania Veterans of
8 Foreign Wars, or a designee.
9 (9) The Pennsylvania State Commander of the Disabled
10 American Veterans, or a designee.
11 (10) The State Adjutant of the Pennsylvania American
12 Legion, or a designee.
13 (11) The [Adjutant General of the Department of Military
14 Affairs] Director of the Office of Veterans' Affairs, or a
15 designee.
16 (12) [The Director of the Bureau of Veterans Affairs in
17 the Department of Military Affairs.
18 (13)] One member, appointed by the Governor, who must be
19 a certified public accountant.
20 * * *
21 § 7701. Blind veteran's pension.
22 * * *
23 (b) 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 blind
26 veteran shall be paid a pension of $100 per month. Applications
27 for such pensions shall be made to and in the form prescribed by
28 the department. The [Adjutant General] director shall have the
29 power, and it shall be his duty to determine the eligibility of
30 every applicant for a pension, and his decision in the matter
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1 shall be final.
2 § 7702. Paralyzed veteran's pension.
3 (a) Amount and eligibility.--In addition to any other
4 assistance provided by the Commonwealth and in addition to any
5 compensation provided by the Federal Government, every paralyzed
6 veteran shall be paid a pension of $100 per month. Applications
7 for the pensions shall be made to and in the form prescribed by
8 the department. The [Adjutant General] director shall determine
9 the eligibility of every applicant for a pension, and his
10 decision in the matter shall be final.
11 (b) Regulations.--The [Adjutant General] director shall
12 promulgate such regulations as may be necessary to implement
13 this program.
14 (c) Definition.--As used in this section, the term
15 "paralyzed veteran" means any person who served in the military
16 or naval forces of the United States, or any woman's
17 organization officially connected therewith, during an
18 established war or armed conflict service dates, and who gave
19 this Commonwealth as his place of residence at the time of
20 entering the military or naval forces of the United States and
21 is currently a resident of this Commonwealth and who, while
22 performing duties connected with that service, suffered an
23 injury or incurred a disease which resulted in the loss or loss
24 of use of two or more extremities. The term does not include any
25 person separated from the military or naval forces of the United
26 States, or any woman's organization officially connected
27 therewith, under other than honorable conditions. The term shall
28 include persons who have been paralyzed as a result of peacetime
29 combat-related actions as defined by the [Department of Military
30 Affairs] office. The department shall, by regulation, establish
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1 criteria to determine eligibility based on participation in a
2 peacetime combat-related situation, which shall include, but not
3 be limited to, hostile fire or terrorist attack.
4 Section 3. Title 51 is amended by adding a chapter to read:
5 CHAPTER 79
6 SOLDIERS' AND SAILORS' AND VETERANS' HOMES
7 Sec.
8 7901. Maintenance of homes.
9 § 7901. Maintenance of homes.
10 (a) General locations.--The office shall maintain and
11 operate the Soldiers' and Sailors' Home in Erie and the
12 Hollidaysburg Veterans' Home for military veterans.
13 (b) Director.--The office shall appoint a director to
14 administer each home. Each director shall be qualified and
15 licensed in the Commonwealth as a nursing home administrator.
16 Each director shall appoint such officers and employees as may
17 be necessary and shall fix their salaries in conformity with the
18 standards established by the Executive Board.
19 (c) Gifts, grants and payments.--The office may accept
20 gifts, grants or payments for the use of each home, but the
21 office shall only receive and accept Federal funds to the extent
22 they are appropriated to the office by the General Assembly.
23 (d) Fee schedule.--The office shall establish a schedule of
24 fees to be charged to residents. The fees shall be based on the
25 level of service or care required and the ability of the
26 resident to pay.
27 (e) Level of service.--The office shall establish the level
28 of service to be provided in accordance with the United States
29 Veterans' Administration's standards of nursing and domiciliary
30 care.
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1 Section 4. Sections 8505, 8701, 8703(c) and 8905 of Title 51
2 are amended to read:
3 § 8505. Appeals.
4 Any person aggrieved by a decision denying payment of
5 veterans' emergency assistance may appeal to the [Adjutant
6 General] director under provisions of Title 2 (relating to
7 administrative law and procedure).
8 § 8701. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Commission." The State Veterans' Commission established
13 under section 1702 (relating to State Veterans' Commission).
14 "Educational institution." Any college or university of the
15 State System of Higher Education, a State-aided educational or
16 training institution of a secondary or college grade or other
17 institution of higher education, a business school, a trade
18 school, a hospital school providing training for nurses, an
19 institution providing courses in beauty culture, art, radio or
20 undertaking or embalming, or such other educational training
21 within this Commonwealth approved by the commission.
22 "Eligible disabled or deceased veteran." A person who served
23 in the military or naval forces of the United States, or a
24 women's organization officially connected therewith, who:
25 (1) was killed in action or died as a result of wounds
26 incurred during a period of war or armed conflict or as a
27 result of hostile fire or terrorist attack during peacetime
28 (as determined by the [Department of Military Affairs]
29 office);
30 (2) died in service during a period of war or armed
19890H0364B0399 - 12 -
1 conflict;
2 (3) was honorably discharged from the military or naval
3 forces of the United States and certified by the United
4 States Veterans' Administration as a 100% disabled veteran as
5 a result of service during a period of war or armed conflict
6 or as a result of hostile fire or terrorist attack (as
7 determined by the [Department of Military Affairs] office)
8 during peacetime; or
9 (4) was honorably discharged from the military or naval
10 forces of the United States and died as a result of a
11 service-connected disability (as certified by the United
12 States Veterans' Administration) incurred during a period of
13 war or armed conflict or as a result of peacetime hostile
14 fire or terrorist attack (as determined by the [Department of
15 Military Affairs] office).
16 "Qualified child." Any child meeting the requirements of
17 section 8703 (relating to eligibility and qualification
18 requirements).
19 § 8703. Eligibility and qualification requirements.
20 * * *
21 (c) Appeal.--Any aggrieved applicant may appeal the decision
22 of the commission to the [Adjutant General] director under the
23 provisions of Title 2 (relating to administrative law and
24 procedure).
25 § 8905. Appeals.
26 Any applicant aggrieved by a determination of the commission
27 may appeal that determination to the [Adjutant General] director
28 under the provisions of Title 2 (relating to administrative law
29 and procedure).
30 Section 5. All powers and duties imposed by 51 Pa.C.S. § 704
19890H0364B0399 - 13 -
1 (relating to advisory councils for veterans' homes) upon the
2 Department of Military Affairs are hereby transferred to the
3 Office of Veterans' Affairs.
4 Section 6. (a) All personnel, allocations, appropriations,
5 agreements, leases, claims, demands and causes of action of any
6 nature, whether or not subject to litigation on the effective
7 date of this act, equipment, files, records, classified data
8 files, plans, maps, air photographs and all other materials
9 which are used, employed or expended in connection with the
10 duties, powers or functions of the Department of Military
11 Affairs relating to veterans' affairs, are hereby transferred by
12 this act to the Office of Veterans' Affairs with the same force
13 and effect as if the appropriations had been made to and said
14 items had been the property of the Office of Veterans' Affairs
15 in the first instance and if said contracts, agreements, leases
16 and obligations had been incurred or entered into by the Office
17 of Veterans' Affairs.
18 (b) All personnel transferred to the Office of Veterans'
19 Affairs from other State departments and agencies pursuant to
20 this act shall retain any civil service or other employment
21 status assigned to said personnel in those departments or
22 agencies prior to the effective date of this act.
23 Section 7. (a) Sections 1412 and 1414 of the act of April
24 9, 1929 (P.L.177, No.175), known as The Administrative Code of
25 1929, are repealed.
26 (b) 51 Pa.C.S. § 902 (relating to general powers and duties
27 of Adjutant General) is repealed insofar as it is inconsistent
28 with this act.
29 (c) All acts and parts of acts are repealed insofar as they
30 are inconsistent with this act.
19890H0364B0399 - 14 -
1 Section 8. This act shall take effect in 90 days.
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