PRINTER'S NO. 1146
No. 899 Session of 2003
INTRODUCED BY KASUNIC, D. WHITE, WAGNER, KITCHEN, STACK, LEMMOND, O'PAKE, WONDERLING, TARTAGLIONE, STOUT, KUKOVICH, LOGAN, COSTA, LAVALLE, FERLO, MUSTO, RAFFERTY AND C. WILLIAMS, SEPTEMBER 2, 2003
REFERRED TO STATE GOVERNMENT, SEPTEMBER 2, 2003
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," creating the Department of 21 Veterans' Affairs and defining its functions, powers and 22 duties; transferring certain agencies to the Department of 23 Veterans' Affairs; making repeals; and making editorial 24 changes. 25 The General Assembly of the Commonwealth of Pennsylvania 26 hereby enacts as follows: 27 Section 1. Section 201 of the act of April 9, 1929 (P.L.177, 28 No.175), known as The Administrative Code of 1929, amended
1 December 30, 1984 (P.L.1299, No.245) and repealed in part May 2 26, 1988 (P.L.414, No.72), is amended to read: 3 Section 201. Executive Officers, Administrative Departments 4 and Independent Administrative Boards and Commissions.--The 5 executive and administrative work of this Commonwealth shall be 6 performed by the Executive Department, consisting of the 7 Governor, Lieutenant Governor, Secretary of the Commonwealth, 8 Attorney General, Auditor General, State Treasurer, and 9 Secretary of Education; by the Executive Board, and the 10 Pennsylvania State Police; by the following administrative 11 departments: Department of State, Office of Attorney General, 12 Department of Corrections, Department of the Auditor General, 13 Treasury Department, Department of Education, Department of 14 Military Affairs, Department of Veterans' Affairs, Insurance 15 Department, Department of Banking, Department of Agriculture, 16 Department of Transportation, Department of Health, Department 17 of Labor and Industry, Department of Aging, Department of Public 18 Welfare, Department of General Services, Department of Revenue, 19 Department of [Commerce, Department of Community Affairs and] 20 Community and Economic Development, Department of Environmental 21 [Resources] Protection and Department of Conservation and 22 Natural Resources; and by the following independent 23 administrative boards and commissions: Pennsylvania Game 24 Commission, Pennsylvania Fish and Boat Commission, State Civil 25 Service Commission, Pennsylvania Public Utility Commission and 26 the Pennsylvania Securities Commission. 27 All of the provisions of this act, which apply generally to 28 administrative departments, or generally except to the 29 Department of the Auditor General, the Treasury Department and 30 the Office of Attorney General, shall apply to the Executive 20030S0899B1146 - 2 -
1 Board and to the Pennsylvania State Police. 2 Section 2. As much as relates to the Department of Military 3 and Veterans Affairs in section 202 of the act, amended 4 September 28, 1976 (P.L.1048, No.211) and July 11, 1996 5 (P.L.619, No.105), is amended to read: 6 Section 202. Departmental Administrative Boards, 7 Commissions, and Offices.--The following boards, commissions, 8 and offices are hereby placed and made departmental 9 administrative boards, commissions, or offices, as the case may 10 be, in the respective administrative departments mentioned in 11 the preceding section, as follows: 12 * * * 13 In the Department of Military [and Veterans] Affairs, 14 Armory Board of the State of Pennsylvania, 15 Board of Trustees of Scotland School for Veterans' 16 Children. 17 * * * 18 Section 3. As much as relates to the Department of Military 19 Affairs in section 203 of the act, amended December 3, 1970 20 (P.L.834, No.275), is amended and the section is amended by 21 adding a paragraph to read: 22 Section 203. Advisory Boards and Commissions.--The following 23 advisory boards and commissions are placed in and made parts of 24 the respective administrative departments, as follows: 25 In the Department of Military Affairs, 26 State Military Reservation Commission[, 27 State Veterans' Commission]; 28 In the Department of Veterans' Affairs, 29 State Veterans' Commission; 30 * * * 20030S0899B1146 - 3 -
1 Section 4. Section 206 of the act, amended December 30, 1984
2 (P.L.1299, No.245), is amended to read:
3 Section 206. Department Heads.--Each administrative
4 department shall have as its head an officer who shall, either
5 personally, by deputy, or by the duly authorized agent or
6 employe of the department, and subject at all times to the
7 provisions of this act, exercise the powers and perform the
8 duties by law vested in and imposed upon the department.
9 The following officers shall be the heads of the
10 administrative departments following their respective titles:
11 Secretary of the Commonwealth, of the Department of State;
12 Auditor General, of the Department of the Auditor General;
13 State Treasurer, of the Treasury Department;
14 Attorney General, of the Office of Attorney General;
15 Secretary of Education, of the Department of Education;
16 Adjutant General, of the Department of Military Affairs;
17 Insurance Commissioner, of the Insurance Department;
18 Secretary of Banking, of the Department of Banking;
19 Secretary of Agriculture, of the Department of Agriculture;
20 Secretary of Transportation, of the Department of
21 Transportation;
22 Secretary of Health, of the Department of Health;
23 Secretary of Labor and Industry, of the Department of Labor
24 and Industry;
25 Secretary of Aging, of the Department of Aging;
26 Secretary of Public Welfare, of the Department of Public
27 Welfare;
28 Secretary of Revenue, of the Department of Revenue;
29 [Secretary of Commerce, of the Department of Commerce;]
30 Secretary of Community [Affairs] and Economic Development, of
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1 the Department of Community [Affairs] and Economic 2 Development; 3 Secretary of Environmental [Resources] Protection, of the 4 Department of Environmental [Resources] Protection; 5 Secretary of Conservation and Natural Resources, of the 6 Department of Conservation and Natural Resources; 7 Secretary of General Services, of the Department of General 8 Services; 9 Secretary of Corrections, of the Department of 10 Corrections[.]; 11 Secretary of Veterans' Affairs, of the Department of 12 Veterans' Affairs. 13 Section 5. Section 1413 of the act is repealed. 14 Section 6. The act is amended by adding an article to read: 15 ARTICLE XIV-A 16 POWERS AND DUTIES OF THE DEPARTMENT OF 17 VETERANS' AFFAIRS 18 Section 1401-A. Powers and Duties in General.--The 19 Department of Veterans' Affairs shall have the following powers 20 and duties: 21 (1) To administer the laws providing for the payment of 22 pensions and relief, for the marking of graves of the veterans 23 and for the selection, acquisition and maintenance of a State 24 military cemetery. 25 (2) To investigate and compile data concerning veterans of 26 the armed forces of the United States, and all State and 27 municipal activities relating to veterans, and to recommend to 28 the Governor legislation for submission to the General Assembly 29 concerning veterans and their activities. 30 (3) To expend funds, and make appropriations to or for it, 20030S0899B1146 - 5 -
1 for the purpose of providing the necessities of life, and to 2 otherwise assist Pennsylvania veterans of any war or armed 3 conflict, or the widows and infant children or dependents of 4 veterans as are sick, disabled or indigent, and who are without 5 means for planning and providing for the rehabilitation and care 6 of veterans. These expenditures shall be made for the stated 7 purposes by the issuance of checks in direct payment to the 8 veteran, widow or proper representative of infant children or 9 dependents in accordance with rules, regulations and standards 10 established by the department. In no event shall payments made 11 by the department exceed the maximum assistance payable under 12 the public assistance laws and no payments shall be made in the 13 form of relief orders. 14 (4) To certify for payment gratuities for the children, 15 between the ages of sixteen (16) and twenty-one (21) years, of 16 totally disabled veterans and of soldiers, marines, female 17 clerks, yeoman (female), or members of the Enlisted Nurse Corps 18 of the United States, who die or have died of Spanish-American 19 War or World War I service-connected disabilities, and of 20 totally disabled veterans and of members of the armed forces of 21 the United States and of women's organizations officially 22 connected therewith, who die or have died of World War II, or 23 the armed conflict in Korea service-connected disabilities as 24 certified from Veterans' Administration records. Children must 25 have lived in the Commonwealth for five (5) years immediately 26 preceding the date upon which the application was filed. 27 Certification by the department shall be made when the children 28 meet the following requirements: 29 (i) As coming within the class of children described above. 30 (ii) As attending any State or State-aided educational or 20030S0899B1146 - 6 -
1 training institution of a secondary or college grade or other 2 institution of higher education, business school, trade school, 3 hospital providing training for nurses school, or institution 4 providing courses in beauty culture, art, radio or undertaking 5 or embalming or such other educational training within this 6 Commonwealth as approved by the department. 7 (iii) As being unable, without such gratuity, to pursue the 8 child's education or training. 9 (iv) Payments not exceeding two hundred dollars ($200) per 10 semester per child shall be made to the institution upon the 11 submission by them of proof that bills have been incurred or 12 contracted for matriculation fees and other necessary fees, 13 tuition, board, room rent, books and supplies for these children 14 in a definite amount for the school year. Proof shall be 15 submitted to the department which shall attach the same to the 16 requisitions prepared for payments out of appropriations made 17 for such purpose. 18 (v) When a child within the class of children eligible to 19 receive a gratuity authorized by this section is completing an 20 educational or training course, and becomes twenty-one (21) 21 years of age before completing the course, the gratuity may be 22 paid until the course is completed: Provided, That gratuities 23 may not be paid for any child for a longer period than four 24 scholastic years. 25 Section 1402-A. Specific Duties of the Secretary of 26 Veterans' Affairs.--The Secretary of Veterans' Affairs shall 27 have the specific duty: 28 (1) To recommend to the Governor new legislation and 29 amendments to existing statutes concerning veterans and their 30 activities, for consideration by the General Assembly. 20030S0899B1146 - 7 -
1 (2) To cooperate with all departments and agencies of the 2 Commonwealth in the interest of war veterans' welfare, housing 3 and the obtaining of licenses. 4 (3) To aid in filing and prosecuting all claims of the 5 Commonwealth's war veterans and dependents of war veterans under 6 Federal or State statutes. 7 (4) To aid in the employment and reemployment of all war 8 veterans honorably discharged from the armed forces of the 9 United States or their auxiliaries. 10 (5) To aid in securing hospitalization, for any war veteran 11 requiring medical care, that may be provided by a Federal or 12 State mental or medical or surgical facility specifically 13 provided for war veterans or in any other public hospital. 14 (6) To aid in the rehabilitation of injured, wounded or 15 compensable war veterans, or other war veterans, in educational 16 institutions or vocational training institutions to which they 17 may be eligible by statute. 18 (7) To cooperate with and advise the Department of Education 19 with respect to the establishment of vocational training 20 programs particularly suited to war casualties, for either day 21 or evening instruction, or both. 22 (8) To administer relief provided by the Commonwealth for 23 war veterans and dependents of war veterans. 24 (9) To administer the distribution of any compensation to 25 war veterans or dependents of war veterans that has been or may 26 be granted by the Commonwealth. 27 (10) To investigate the work of other departments of the 28 Commonwealth administering laws affecting war veterans or war 29 veterans' orphans. 30 (11) To investigate, compile and maintain complete and 20030S0899B1146 - 8 -
1 accurate data concerning veterans of the armed forces of the 2 United States and all State and municipal activities relating 3 thereto. 4 (12) To compile from the records as transmitted by the 5 county commissioners of each county, a record of the burial 6 places within this Commonwealth of deceased service persons, 7 their rank, division, length of service, name and location of 8 cemetery, and the location of their graves therein, and the 9 character of headstones or other markers, if any, and such other 10 information deemed desirable. 11 (13) To establish an information center, and to disseminate 12 regularly to chapters, camps and posts of war veterans' 13 organizations throughout this Commonwealth, such information as 14 the secretary shall determine, and to transmit to the public 15 press and other media of public information, information 16 relative to war veterans as may be of public interest. 17 (14) To submit biannually to the Governor, a report of State 18 activities on behalf of veterans. 19 (15) To perform other duties in connection with war veterans 20 that may be referred to the secretary by other departments or 21 agencies of the Commonwealth, and to be a clearinghouse for all 22 veterans' war service-connected problems. 23 Section 1403-A. Soldiers' and Sailors' and Veterans' 24 Homes.--(a) The Department of Veterans' Affairs shall maintain 25 and operate the Soldiers' and Sailors' Home in Erie and 26 Hollidaysburg Veterans' Home for military veterans. 27 (b) The department shall appoint a director to administer 28 each home. Each director shall be qualified and licensed in the 29 Commonwealth as a nursing home administrator. Each director 30 shall appoint such officers and employes as may be necessary and 20030S0899B1146 - 9 -
1 fix their salaries in conformity with the standards established 2 by the executive board. 3 (c) The department may accept gifts, grants or payments for 4 the use of each home: Provided, however, That the department 5 shall only receive and accept Federal funds to the extent they 6 are appropriated to the department by the General Assembly. 7 (d) The department shall establish a schedule of fees to be 8 charged residents. The fees shall be based on the level of 9 service or care required and the ability of the resident to pay. 10 (e) The department shall establish the level of service to 11 be provided in accordance with the Federal Department of 12 Veterans' Affairs standards of nursing and domiciliary care. 13 Section 7. Advisory councils for veterans' homes under 51 14 Pa.C.S. § 704 are hereby placed under the jurisdiction of the 15 Department of Veterans' Affairs. 16 Section 8. The Department of Military and Veterans Affairs 17 is designated as the Department of Military Affairs. Contracts, 18 deeds and official actions by the department shall not be 19 affected by the use of the designation by the department as the 20 Department of Military and Veterans Affairs. The department may 21 continue to use the name Department of Military and Veterans 22 Affairs on stationery or any official documents until existing 23 supplies are exhausted. The department may substitute the title 24 Department of Military Affairs for the Department of Military 25 and Veterans Affairs on its documents and materials on such 26 schedule as it deems appropriate. 27 Section 9. (a) All personnel, allocations, appropriations, 28 agreements, leases, claims, demands and causes of action of any 29 nature whether or not subject to litigation on the date of this 30 act, equipment, files, records, classified data files, plans, 20030S0899B1146 - 10 -
1 maps, air photographs and all other materials which are used, 2 employed or expended in connection with the duties, powers or 3 functions of the Department of Military and Veterans Affairs 4 relating to veterans' affairs, are hereby transferred by this 5 act to the Department of Veterans' Affairs with the same force 6 and effect as if the appropriations had been made to and said 7 items had been the property of the Department of Veterans' 8 Affairs in the first instance and if said contracts, agreements, 9 leases and obligations had been incurred or entered into by the 10 Department of Veterans' Affairs. 11 (b) All personnel transferred to the Department of Veterans' 12 Affairs from other State departments and agencies pursuant to 13 this act shall retain any civil service or other employment 14 status assigned to said personnel in those departments or 15 agencies prior to the effective date of this act. 16 Section 10. (a) Sections 2, 3, 4, 5, 6, 7 and 8 of the act 17 of April 29, 1988 (P.L.381, No.60), entitled "An act amending 18 Title 51 (Military Affairs) of the Pennsylvania Consolidated 19 Statutes, codifying provisions of law relating to the creation, 20 administration and powers and duties of the State Veterans' 21 Commission, to the educational gratuity program for veterans' 22 children and to the real property tax exemption for certain 23 qualified veterans; providing for reestablishment of the State 24 Veterans' Commission and the Pennsylvania Veterans' Memorial 25 Commission; and making repeals," are repealed. 26 (b) 51 Pa.C.S. §§ 102, 701, 902 and 3201 and Chs. 17, 19, 27 85, 87 and 89 are repealed insofar as they are inconsistent with 28 this act. 29 (c) All other acts and parts of acts are repealed insofar as 30 they are inconsistent with this act. 20030S0899B1146 - 11 -
1 Section 11. This act shall take effect in 90 days. G31L71BIL/20030S0899B1146 - 12 -