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  Chapter 17 of Title 51 is repealed and the title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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