Pennsylvania Act 1992-119 — MILITARY CODE (51 PA.C.S.) - AMEND

Act text

MILITARY CODE (51 PA.C.S.) - AMEND
                  Act of Dec. 4, 1992, P.L. 771, No. 119              Cl. 51
                             Session of 1992
                               No. 1992-119

     SB 1709

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, providing for the display of the
        POW/MIA flag at the western entrance of the Fort Pitt Tunnel
        in Allegheny County and for the Pennsylvania Veterans'
        Memorial Commission.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 51 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 512.  Display of POW/MIA flag.
        The POW/MIA flag may be displayed at the western entrance to
     the Fort Pitt Tunnel in Allegheny County.
        Section 2.  Title 51 is amended by adding a chapter to read:
                                CHAPTER 19
                PENNSYLVANIA VETERANS' MEMORIAL COMMISSION
     Sec.
     1901.  Legislative findings.
     1902.  Definitions.
     1903.  Pennsylvania Veterans' Memorial Commission.
     1904.  Duties of commission.
     1905.  Pennsylvania Veterans' Memorial Trust Fund.
     1906.  Expiration of chapter.
      § 1901.  Legislative findings.
        (a)  Recognition of contributions.--The General Assembly
     recognizes the great contributions and unselfish sacrifices made
     by Pennsylvania service people during armed conflicts in which
     the United States was a participant.
        (b)  Absence of memorial.--The General Assembly further
     recognizes that no adequate, appropriate and permanent memorial
     has ever been erected in appreciation of and in tribute to those
     Pennsylvania service people who gave devoted and dedicated
     service to their country and the Commonwealth.
        (c)  Erection of memorial.--The General Assembly believes
     that, in consideration of the foregoing, a positive, permanent
     and patriotic memorial should be erected on the grounds of the
     Indiantown Gap National Cemetery in appreciation of the full
     measure of devotion given by Pennsylvania's veterans.
      § 1902.  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 Pennsylvania Veterans' Memorial Commission
     created by this chapter.
        "Fund."  The Pennsylvania Veterans' Memorial Trust Fund
     established by this chapter.
      § 1903.  Pennsylvania Veterans' Memorial Commission.
        (a)  Establishment.--There is established the Pennsylvania
     Veterans' Memorial Commission to erect on the grounds of the
     Indiantown Gap National Cemetery an appropriately patriotic and
     positive physical monument or memorial as a testament of
     appreciation from the Commonwealth to those Pennsylvania service
     persons who served in armed conflicts in which the United States
     was a participant.
        (b)  Composition of commission.--The commission shall be
     composed of the following:
            (1)  Two members of the Senate to be appointed by the
        President pro tempore of the Senate, one from the majority
        party and one from the minority party. Preference shall be
        given to honorably discharged veterans.
            (2)  Two members of the House of Representatives to be
        appointed by the Speaker of the House of Representatives, one
        from the majority party and one from the minority party.
        Preference shall be given to honorably discharged veterans.
            (3)  The Secretary of General Services, or a designee.
            (4)  The Executive Director of the Pennsylvania
        Historical and Museum Commission, or a designee.
            (5)  One member, appointed by the Governor, who must be
        an architect.
            (6)  Five members, appointed by the Governor, who must be
        Pennsylvania veterans. At least one of these members must be
        a woman.
            (7)  The Commander of the Pennsylvania War Veteran's
        Council, or a designee.
            (8)  The State Adjutant of the Pennsylvania Veterans of
        Foreign Wars, or a designee.
            (9)  The Pennsylvania State Commander of the Disabled
        American Veterans, or a designee.
            (10)  The State Adjutant of the Pennsylvania American
        Legion, or a designee.
            (11)  The Adjutant General of the Department of Military
        Affairs, or a designee.
            (12)  The Director of the Bureau of Veterans Affairs in
        the Department of Military Affairs.
            (13)  One member, appointed by the Governor, who must be
        a certified public accountant.
        (c)  Terms.--All members shall serve for a period of three
     years from the date of their appointment, except that no member
     appointed under subsection (b)(1), (2), (3), (4), (7), (8), (9),
     (10), (11) or (12) shall serve past the date of expiration of
     office.
        (d)  Vacancies.--Vacancies in the membership of the
     commission shall be filled in the same manner as the original
     appointment.
        (e)  Organization and procedure.--
            (1)  The commission shall elect, by a majority of all its
        members, a chairman, vice chairman and a secretary from among
        its members, each to serve for a term of three years.
            (2)  A majority of all members of the commission shall
        constitute a quorum for the transaction of business.
            (3)  The commission may adopt rules for its government,
        organization and procedures, not inconsistent with the
        provisions of this chapter.
        (f)  Expenses.--Commission members shall receive no
     compensation for their services but shall be reimbursed by the
     department for all necessary travel and other reasonable
     expenses incurred in connection with the performance of their
     duties as members of the commission.
        (g)  Administrative services.--The department shall provide
     administrative staff, support and services to the commission on
     an ongoing basis.
      § 1904.  Duties of commission.
        In addition to other powers conferred by this chapter, the
     commission shall have the power:
            (1)  To erect a physical monument to be located on the
        grounds of the Indiantown Gap National Cemetery honoring
        Pennsylvania veterans.
            (2)  To receive for and on behalf of the Commonwealth
        monetary gifts or bequests which shall be deposited in the
        fund.
            (3)  To accept grants and subsidies from and enter into
        agreements or other transactions with any Federal agency or
        agency of the Commonwealth or other entity.
            (4)  To enter into contracts and to execute all
        instruments necessary or convenient for carrying on its
        operations.
            (5)  To issue appropriate regulations for the
        implementation of this chapter.
            (6)  To do all other things necessary or convenient to
        carry out the powers granted to it by this chapter.
      § 1905.  Pennsylvania Veterans' Memorial Trust Fund.
        (a)  Establishment and administration.--There is hereby
     established a separate fund in the State Treasury to be known as
     the Pennsylvania Veterans' Memorial Trust Fund. The fund shall
     be administered by the commission, and all moneys in the fund
     are appropriated to the commission on a continuing basis.
        (b)  Purpose.--The moneys in the fund shall be used for the
     selection, design and construction of an appropriate physical
     monument on the grounds of the Indiantown Gap National Cemetery
     and other costs incidental thereto.
        (c)  Contributions and solicitation of funds.--
            (1)  The commission is authorized:
                (i)  To accept, on behalf of the Commonwealth, gifts,
            donations, legacies and usages of money from individuals,
            organizations, public or private corporations and other
            similar entities.
                (ii)  To solicit and raise moneys from public and
            private sources.
            (2)  All money received or raised under this subsection
        shall be paid into the State Treasury and credited to the
        fund.
      § 1906.  Expiration of chapter.
        This chapter shall expire June 30, 1995.
        Section 3.  This act shall be retroactive to June 30, 1992,
     if enacted after that date.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 4th day of December, A. D. 1992.

     ROBERT P. CASEY