Pennsylvania Act 1998-56 — MILITARY AND VETERANS CODE (51 PA.C.S) - AMEND

Act text

MILITARY AND VETERANS CODE (51 PA.C.S) - AMEND
                   Act of May 7, 1998, P.L. 355, No. 56               Cl. 51
                             Session of 1998
                               No. 1998-56

     HB 1561

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, authorizing the department to arrange
        for burial details in the Indiantown Gap National Cemetery;
        and providing for cooperative agreements, for training areas
        and for the operation of Fort Indiantown Gap.

        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 sections to read:
      § 705.  Burial details for veterans.
        (a)  Authority.--The department shall have the power to
     arrange for burial details for veteran soldiers who are to be
     interred in the Indiantown Gap National Cemetery.
        (b)  Contracts.--The department may enter into contracts with
     a Statewide nonprofit fraternal society that represents various
     veterans' groups for the purpose of providing the burial details
     authorized by this section. In any such contract the department
     shall pay an amount not exceeding $150 for each day that the
     burial detail is provided, and no other expenses shall be paid
     by the department under the contract.
        (c)  Terms.--Any burial detail contract entered into under
     this section shall include the following terms:
            (1)  A minimum of three veterans shall participate in the
        burial detail.
            (2)  The veterans shall be similarly uniformed and
        equipped.
            (3)  A bugler shall perform taps or a recording of taps
        may be played over the tape recording system of the cemetery.
            (4)  The party under the contract shall indemnify and
        hold harmless the department and the Commonwealth from any
        claims arising out of the performance of the burial details.
        (d)  Insurance.-- Any veterans organization, the members of
     which perform a burial detail pursuant to this section, shall
     provide liability insurance for the burial details in such
     amount as prescribed by the department.
        (e)  Regulations.--The department shall promulgate the rules
     and regulations necessary to carry out this section.
      § 706.  Cooperative agreements.
        The department may enter into cooperative agreements with the
     Federal Government to perform certain military or training
     functions. A cooperative agreement shall contain any appendixes
     and supplements necessary to allow for the performance of those
     functions and reimbursement by the Federal Government.
      § 707.  Training areas.
        (a)  Acquisition.--Upon the request of the Adjutant General
     and with the approval of the Governor, the Secretary of General
     Services is authorized to purchase, lease or obtain the right to
     use any real estate or building necessary for military training
     or preparedness of the Pennsylvania National Guard.
        (b)  Primary training site.--Fort Indiantown Gap shall be the
     primary training site for the Pennsylvania National Guard.
        (c)  Alternate training sites.--All State armories, real
     estate and buildings purchased, leased or utilized for
     stationing, quartering, training or deploying members of the
     Pennsylvania National Guard are alternate training areas for use
     by the Pennsylvania National Guard.
        (d)  Short-term uses of real property.--The Adjutant General
     is authorized to enter into agreements for the short-term use of
     real property on behalf of the Commonwealth for the purpose of
     obtaining areas for military training or emergency operations.
     For the purpose of this section, short-term use shall not exceed
     30 days.
      § 708.  Fort Indiantown Gap.
        (a)  Operation.--The Adjutant General is authorized to
     promulgate rules, regulations and policies for the continuing
     operation of Fort Indiantown Gap.
        (b)  Lease of installation.--The Adjutant General is
     authorized to enter into agreements with the Federal Government
     and state governments for the purpose of permitting soldiers
     under their command to use the real estate and equipment at Fort
     Indiantown Gap for military training purposes.
        (c)  Real estate.--Upon the request of the Adjutant General
     and with the approval of the Governor, the Secretary of General
     Services is authorized to purchase lands adjacent to Fort
     Indiantown Gap and to accept on behalf of the department and the
     Commonwealth any improvements or appurtenances to the lands
     comprising the installation.
        (d)  Morale, recreation and welfare.--The Adjutant General is
     authorized to operate facilities and organize activities and
     programs at Fort Indiantown Gap for the purpose of improving the
     morale, welfare and quality of life of service members, military
     dependents and veterans. The Adjutant General is also authorized
     to enter into concession agreements with private organizations
     for the continued operation of a canteen, exchange, commissary,
     restaurant or other enterprise which will improve the morale or
     welfare of active, retired or reserve members. These operations,
     facilities, activities and programs must be financially self-
     sustaining, and any income, including fees and charges, derived
     from the concession agreements and the operation of the
     facilities, activities and programs shall be deposited by the
     Adjutant General with a bank or trust company. Moneys in the
     account may only be used for the continued operation of the
     facilities, activities or programs at Fort Indiantown Gap. Any
     Federal funds specifically designated to assist the Adjutant
     General in implementing this subsection are hereby appropriated
     to the department for these purposes. No General Fund moneys or
     other State funds shall be used for the purposes authorized
     under this subsection. An audit of all accounts under this
     subsection must be conducted annually on the State fiscal year
     basis, and the department shall provide a copy of the audit to
     the Secretary of the Budget.
        Section 2.  This act shall take effect as follows:
            (1)  The addition of 51 Pa.C.S. § 705 shall take effect
        July 1, 1998, or immediately, whichever is later.
            (2)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 7th day of May, A. D. 1998.

     THOMAS J. RIDGE