act-1998-0-49•Pennsylvania Act 1998-49 — MILITARY AND VETERANS CODE (51 PA.C.S.) - AMEND
Pennsylvania Act 1998-49 — MILITARY AND VETERANS CODE (51 PA.C.S.) - AMEND
act-1998-0-491998 Pa. Act 49Law
Act text
MILITARY AND VETERANS CODE (51 PA.C.S.) - AMEND
Act of Apr. 29, 1998, P.L. 296, No. 49 Cl. 51
Session of 1998
No. 1998-49
HB 1633
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, changing the short title of Title 51;
providing for the powers and duties of the Deputy Adjutant
General for Veterans' Affairs; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 101 and 902(12) of Title 51 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 101. Short title of title.
This title shall be known and may be cited as the "Military
and Veterans Code."
§ 902. General powers and duties of Adjutant General.
The Adjutant General as head of the department is responsible
to the Commonwealth and to the Governor for the organization and
functioning of said department, and the performance and carrying
out of all the duties, powers and responsibilities given or
delegated. In addition he is hereby authorized and directed to:
* * *
(12) Appoint a Deputy Adjutant General for Veterans'
Affairs, who shall serve as the Director of the Bureau for
Veterans' Affairs.
* * *
Section 2. Chapter 17 of Title 51 is repealed and the title
is amended by adding a chapter to read:
CHAPTER 17
STATE VETERANS' COMMISSION
AND DEPUTY ADJUTANT GENERAL
FOR VETERANS' AFFAIRS
Subchapter
A. State Veterans' Commission
B. Deputy Adjutant General for Veterans' Affairs
SUBCHAPTER A
STATE VETERANS' COMMISSION
Sec.
1701. Definitions.
1702. State Veterans' Commission.
1703. General powers and duties.
1704. Specific powers and duties.
§ 1701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The State Veterans' Commission established by
this chapter.
§ 1702. State Veterans' Commission.
(a) Establishment.--There is hereby established within the
department an advisory commission to be known as the State
Veterans' Commission.
(b) Composition.--The commission shall be composed of:
(1) The Adjutant General, ex officio, or his designee.
(2) The State commander, commandant or head, or his
designee, of each of the following named veterans'
organizations:
(i) The American Legion.
(ii) AMVETS.
(iii) Blinded Veterans Association.
(iv) Catholic War Veterans of the United States of
America.
(v) Disabled American Veterans.
(vi) Jewish War Veterans of the United States.
(vii) Marine Corps League.
(viii) Military Order of the Purple Heart.
(ix) State Association of County Directors of
Veterans' Affairs.
(x) Veterans of Foreign Wars of the United States.
(xi) Veterans of World War I of the United States of
America, Inc.
(xii) Italian-American War Veterans of the United
States, Inc.
(xiii) The Vietnam Veterans of America, Inc.
(xiv) American Ex-Prisoners of War.
(3) Four members at large appointed by the Governor from
a list provided by the Adjutant General, each of whom shall
be a veteran and a member in good and regular standing of a
Pennsylvania branch, post, lodge or club of a recognized
national veterans' organization active in this Commonwealth.
At least one member shall be a female veteran, and at least
one member shall be a veteran of the Vietnam era. Members at
large shall serve a term of four years and until a successor
has been appointed.
(4) The State Adjutants of the American Legion, the
Disabled American Veterans (DAV) and the Veterans of Foreign
Wars (VFW) as nonvoting members.
(c) Officers.--The commission shall annually elect a
chairman and vice chairman at the first meeting of the
commission after October 1. The Deputy Adjutant General for
Veterans' Affairs shall serve as the executive secretary to the
commission.
(d) Compensation and expenses.--Members of the commission
shall receive no compensation for their services but shall
receive reimbursement for their necessary and proper expenses
for attendance at meetings.
(e) Meetings and quorum.--The commission shall meet upon the
call of the chairman or the Adjutant General. Nine members of
the commission shall constitute a quorum.
(f) Declared vacancies.--The Governor, upon recommendation
of the Adjutant General, shall declare a vacancy to exist
whenever any member at large fails to attend three consecutive
meetings without good cause. Any declared vacancy shall be
filled for the unexpired term.
§ 1703. General powers and duties.
The commission shall advise the Adjutant General and the
department on all matters pertaining to the status, welfare,
benefits, employment and support of veterans and veterans'
programs in this Commonwealth and shall perform such other
functions as are provided by law.
§ 1704. Specific powers and duties.
The commission shall have the following powers and duties:
(1) Advise the Adjutant General upon such matters as the
Adjutant General may bring before it.
(2) Investigate the work of the department and make
recommendations to it regarding the department's
administration of the laws providing for the payment of
pensions and relief, for the marking of graves of veterans
and for the selection, acquisition and maintenance of a State
military cemetery.
(3) Investigate and recommend to the Governor
legislation for submission to the General Assembly concerning
veterans and their activities.
(4) Oversee veterans' emergency assistance payments
under Chapter 85 (relating to veterans' emergency
assistance).
(5) Certify educational gratuity payments for eligible
children under Chapter 87 (relating to educational gratuity
program).
(6) Determine eligibility of veteran applicants for real
property tax exemptions under Chapter 89 (relating to
disabled veterans' real estate tax exemption).
(7) Promulgate rules and regulations governing all
actions of the commission under paragraphs (4), (5) and (6).
SUBCHAPTER B
DEPUTY ADJUTANT GENERAL
FOR VETERANS' AFFAIRS
Sec.
1711. Qualifications and status.
1712. Specific duties.
§ 1711. Qualifications and status.
(a) Deputy Adjutants General.--In addition to such other
Deputy Adjutants General as may be named in the department,
there shall be a Deputy Adjutant General for Veterans' Affairs,
who shall perform the duties under section 1712 (relating to
specific duties) and such other duties as the Adjutant General
may assign.
(b) Appointment.--The Deputy Adjutant General for Veterans'
Affairs shall be selected and appointed as other Deputy
Adjutants General are selected and appointed. He shall be a
veteran and an active member of at least one of the veterans'
organizations listed under section 1702(b) (relating to State
Veterans' Commission).
(c) Compensation.--The compensation of the Deputy Adjutant
General for Veterans' Affairs shall be as established by law.
(d) Status.--The Deputy Adjutant General for Veterans'
Affairs shall be accorded all the rights, emoluments and
privileges, except pay and allowances, of a brigadier general in
the Pennsylvania Guard and shall be addressed as "General."
§ 1712. Specific duties.
In addition to such other duties as may be provided by law or
as assigned by the Adjutant General, the Deputy Adjutant General
for Veterans' Affairs shall have the following specific duties:
(1) To recommend to the Adjutant General and the
Governor, with the advice of the State Veterans' Commission,
new legislation and amendments to existing statutes
concerning veterans and their activities for consideration by
the General Assembly.
(2) To cooperate with all Federal and State departments
and agencies in the interest of veterans.
(3) To aid in filing and prosecuting claims of
Pennsylvania's veterans and their dependents under Federal or
State laws or regulations.
(4) To aid veterans in seeking employment or
reemployment after their honorable discharge from the armed
forces of the United States.
(5) To aid veterans requiring medical care in securing
hospitalization provided by a Federal or State medical or
care facility.
(6) To aid in the rehabilitation of injured, wounded or
compensable veterans in educational institutions or
vocational training institutions for which they may be
eligible by law.
(7) To cooperate with and advise the Department of
Education with respect to vocational training programs for
veterans, particularly programs suited to casualties.
(8) To administer relief provided by the Commonwealth
for veterans and their dependents.
(9) To administer the distribution under the direction
of the Adjutant General of any compensation to veterans or
their dependents that has been or may be granted by the
Commonwealth.
(10) To investigate the work of other State agencies in
administering laws affecting veterans and their dependents.
(11) To investigate, compile and maintain complete and
accurate data concerning veterans of the armed forces of the
United States and all State and municipal activities related
thereto.
(12) To compile from the records transmitted from the
various counties of this Commonwealth a record of the burial
places in this Commonwealth of deceased veterans, including
such information as the Deputy Adjutant General for Veterans'
Affairs or his designee deems necessary and appropriate.
(13) To disseminate information concerning
Pennsylvania's veterans and Pennsylvania's veterans' programs
to veterans' organizations, to the public press and other
media and to the general public.
(14) To biannually submit, through the Adjutant General,
to the Governor a report of State activities on behalf of
veterans.
(15) To serve as a clearinghouse for all problems or
issues related to Pennsylvania's veterans and their
dependents.
(16) To serve as Executive Secretary of the State
Veterans' Commission.
Section 3. Section 1412 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
repealed.
Section 4. This act shall take effect immediately.
APPROVED--The 29th day of April, A. D. 1998.
THOMAS J. RIDGE
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