51 Pa.C.S. § 1511 — PA Code / Title 51 / Chapter 15 / Section 1511
State Treasury Armory Fund.
Status: in_force

(a) Establishment.--There is hereby established in the State Treasury a special revenue fund to be known as the State Treasury Armory Fund. The proceeds from the sale of any armory, the proceeds from the sale or lease of timber or other mineral rights at Fort Indiantown Gap or at any armory, the proceeds from any rental or lease of any facility at Fort Indiantown Gap and the proceeds from the rental or lease of any armory shall be deposited in the fund.

(b) Appropriation.--Money in the fund is hereby appropriated to the department in amounts as may be determined annually by the Governor to be used for the purposes specified in subsection

(d).

(c) Augmentation to department.--(Deleted by amendment).

(d) Expenditures from State Treasury Armory Fund.--The department may expend money from the fund for the following purposes:

(1) Purchase of equipment, furniture and fixtures for armories.

(2) Essential repairs and maintenance of armories.

(3) Purchase or rental of lands, buildings or facilities for use as armories.

(4) Construction of new armories.

(5) Support of environmental projects and programs at Fort Indiantown Gap or any armory. (July 11, 1990, P.L.430, No.104, eff. imd.; June 15, 1994, P.L.277, No.47, eff. 60 days; July 7, 2022, P.L.494, No.48, eff. 60 days) Cross References. Section 1511 is referred to in section 1500 of this title.
51 Pa.C.S. § 5101 — PA Code / Title 51 / Chapter 51 / Section 5101
Short title of part.
Status: in_force

This part shall be known and may be cited as the Pennsylvania Code of Military Justice.
51 Pa.C.S. § 4622 — PA Code / Title 51 / Chapter 46 / Section 4622
Expedited hearing.
Status: in_force

If a motion to grant custodial responsibility is filed under section 4621(b) (relating to proceeding for order) before the deploying parent deploys, the court shall conduct an expedited hearing.
51 Pa.C.S. § 702 — PA Code / Title 51 / Chapter 7 / Section 702
Duties of department.
Status: in_force

The department shall have the power and its duty shall be:

(1) To distribute all orders from the Governor as Commander-in-Chief and perform such other duties as the Governor as Commander-in-Chief shall direct.

(2) To perform such duties and employ the power delegated to the department and the Adjutant General by the laws of the United States and the rules and regulations promulgated thereunder.

(3) To be an office of permanent record for all personnel papers, documents and forms pertaining to the Pennsylvania National Guard except where the laws of the United States require certain papers, documents or forms to be kept permanently in the National Guard Bureau or other department or section of the Department of the Army, or Department of the Air Force, as the case may be; to be an office of permanent record for personnel papers, documents and forms pertaining to the Pennsylvania Guard.

(4) To procure from the proper agency of the Department of Defense all authorized equipment, to ensure that such equipment is issued to the Pennsylvania National Guard and to keep all books and records, to account for said property and make those returns and reports concerning it as required by law.

(5) To keep in its custody all books and accounts of military property of the Commonwealth issued to Pennsylvania military forces and to safely and properly store such property when not issued.

(6) To pay the troops and make all other disbursements by requisition as otherwise provided by law.

(7) To supply to all officers, organizations and units, publications of laws, regulations and rules prescribed for use of Pennsylvania military forces.

(8) With the approval of the Governor as Commander-in-Chief, to sell or exchange, from time to time, such military stores belonging to the Commonwealth as are found to be unserviceable or in state of decay, or which it may be deemed for the best interest of the Commonwealth to sell or exchange, but if the department is unable to obtain a bid for the property, it may be demolished or destroyed. The destruction of the property shall be witnessed by three disinterested officers of the Pennsylvania National Guard or, when organized, Pennsylvania Guard, and their certificate shall constitute proper authority to issue a voucher for marking off the property. All moneys received for stores so sold shall be paid into the State Treasury through the Department of Revenue.

(9) To audit and adjust all claims incident to the organization, training, discipline, maintenance and service of the Pennsylvania National Guard and Pennsylvania Guard, other than fixed allowances, and to pay such claims when audited and adjusted, but all claims paid thereunder shall be subject to audit by the Department of the Auditor General.

(10) To appoint a board of not less than three commissioned officers of the Pennsylvania National Guard for the purpose of investigating claims for damages based on injuries to persons, or damages to property, arising out of accident or negligence, and incident to the organization, training, discipline, maintenance and service of the

Pennsylvania National Guard and, upon the recommendation of the board so appointed, to adjust and pay such claims for damages. Each claim shall be in an amount not exceeding $2,500. All claims paid hereunder shall be subject to audit by the Department of the Auditor General. No claim shall be paid under the provisions of this paragraph when such claim has arisen from the operation of Commonwealth owned or Federally owned automobiles, when operated by Commonwealth officers or employees or officers and enlisted personnel of the Pennsylvania National Guard.

(11) To investigate the circumstances and to determine the amount of relief or pension payable as a result of the death or disability of a member of the Pennsylvania National Guard; to establish rules governing the filing of claims for pension or relief and to grant such pension or relief, under the laws of this Commonwealth concerning members of the Pennsylvania National Guard.

(12) To investigate the circumstances and adjudicate in accordance with Title 2 (relating to administrative law and procedure) complaints of violations of Chapters 41 (relating to rights and immunities) and 73 (relating to military leave of absence), including complaints of employment discrimination against and violation of reemployment rights of members of the National Guard and other reserve components of the armed forces of the United States. The authority granted in this paragraph shall not extend to those circumstances that the Federal Government has jurisdiction to investigate. (Dec. 17, 1990, P.L.700, No.174, eff. imd.) 1990 Amendment. Act 174 added par. (12), retroactive to August 1, 1990.
51 Pa.C.S. § 9505 — PA Code / Title 51 / Chapter 95 / Section 9505
Third-party drugs in long-term care facilities, assisted living residences and personal care homes.
Status: in_force

(a) Authority.--Notwithstanding any other provision of law, all of the following may dispense a drug acquired from a drug source facility outside the long-term care facility, assisted

living residence or personal care home to a patient of a long-term care facility, assisted living residence or personal care home:

(1) A pharmacist employed by a long-term care facility, assisted living residence or personal care home.

(2) A pharmacy that contracts with a long-term care facility, assisted living residence or personal care home to fill prescriptions for patients residing in these settings.

(b) Unit dose.--A person authorized under subsection (a) to dispense a drug shall repackage, relabel and dispense the drug in a unit dose if all of the following conditions are met:

(1) The drug is obtained from a drug source facility.

(2) There is a prescription for the drug.

(3) The prescriber has signed a form authorizing the long-term care facility, assisted living residence or personal care home to administer a drug from a drug source facility outside the long-term care facility, assisted living residence or personal care home.

(4) The patient has signed a form authorizing the long-term care facility, assisted living residence or personal care home to administer a drug from a drug source facility outside the location and provided payment information for payment of the related fees to the pharmacy. In the case of a minor or a patient who is unable to sign the form, a parent, a guardian, an agent acting under a power of attorney or a family member is authorized to sign the form. The form must explain that a person authorized under subsection (a) to dispense a drug from a drug source facility outside the long-term care facility, assisted living residence or personal care home:

(i) is required to go through the process of repackaging and relabeling the drug;

(ii) may charge a fee for repackaging and relabeling the drug, including the amount of the fee and the frequency of its assessment; and

(iii) has immunity from civil liability arising from dispensation of the drug if the person properly repackages and relabels the drug as set forth in section 9508 (relating to civil liability and unprofessional conduct).

(5) The attending physician or other provider prescribing medications for the patient within their scope of practice has issued an order continuing the patient's medical regime.

(6) The repackaging is in compliance with the Food and Drug Administration, the United States Pharmacopeia and the policies and procedures of the long-term care facility, assisted living residence or personal care home.

(7) The United States Department of Veterans Affairs provides the drug directly to the pharmacy in the long-term care facility, assisted living residence or personal care home in the patient's name or by mailing it to a lockbox located at the long-term care facility, assisted living residence or personal care home in the patient's name and with the following information in preparation for the repackaging and relabeling:

(i) The name and address of the dispensing pharmacy.

(ii) (Reserved).

(iii) (Reserved).

(iv) A copy of the original prescription upon request.

(v) The date the drug was dispensed.

(vi) Directions for use, contraindications and other materials required by law to be provided to the patient.

(7.1) A pharmacist must be held responsible for his activity or activity performed under his supervision or authorization.

(8) The pharmacist manager of the pharmacy, within the long-term care facility, assisted living residence or personal care home or that has a contract with the long-term care facility, assisted living residence or personal care home responsible for access to the lockbox shall be responsible for the following:

(i) Reviewing and approving written policies and procedures for lockbox operation, safety, security, accuracy, access and patient confidentiality.

(ii) Ensuring that medications received at the lockbox are inspected for expiration date, misbranding and physical integrity and ensuring that the lockbox is inspected for security and accountability every month.

(iii) Inspecting medications received at the lockbox to determine if:

(A) the original contents have deteriorated significantly due to heat, cold fermentation or prolonged agitation; or

(B) the sensors indicate the integrity of the drug was compromised if the drugs were shipped in a manner that would preserve the integrity of the drug, such as cold packs or other temperature control devices.

(iv) Assigning, discontinuing or changing authorized personnel access to the lockbox.

(v) Ensuring that an accountability record is maintained in accordance with the written policies and procedures of operation.

(vi) Ensuring compliance with the applicable provisions of Federal and State law. (Oct. 14, 2014, P.L.2511, No.147, eff. 60 days) Special Provisions in Appendix. See section 3(3)(iii) of Act 36 of 2012 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 9505 is referred to in sections 9504, 9506, 9507, 9508 of this title.
51 Pa.C.S. § 1105 — PA Code / Title 51 / Chapter 11 / Section 1105
Powers of a commanding general.
Status: in_force

A general officer of the Pennsylvania National Guard commanding a division or non-divisional organizations and units equivalent to a division shall have all the power and authority of a major general under the rules and regulations prescribed, or hereafter to be prescribed, for the government of the armed forces of the United States, subject to the orders and direction of the Governor as Commander-in-Chief. A division commander or commanding general of a non-divisional unit shall be responsible for the training, discipline, administration and efficiency of the division or non-division troops under his command and of any troops attached thereto. He shall be responsible for making recommendations to the Adjutant General concerning appointment and promotion of officers, and shall cause such inspections, investigations and reports to be made for the troops under his command as may be required by higher authority. He shall appoint such boards and courts-martial as may be required and authorized. This section shall also apply to general officers of the Pennsylvania Guard when organized.
51 Pa.C.S. § 4626 — PA Code / Title 51 / Chapter 46 / Section 4626
Grant of caretaking authority to nonparent.
Status: in_force

(a) Authorization.--On motion of a deploying parent and in accordance with law of this Commonwealth other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult with whom the child has a close and substantial relationship.

(b) Duration.--Unless a grant of caretaking authority to a nonparent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than the following:

(1) The amount of time granted to the deploying parent under an order regarding custodial responsibility which is currently in effect. The court may add unusual travel time necessary to transport the child.

(2) In the absence of an order regarding custodial responsibility which is currently in effect, the amount of time when the deploying parent habitually cared for the child before being notified of deployment. The court may add unusual travel time necessary to transport the child.
51 Pa.C.S. § 7202 — PA Code / Title 51 / Chapter 72 / Section 7202
Definitions.
Status: in_force

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:

"DD214." A United States Department of Defense Report of Separation Form 214 or a similarly effective form issued by the Department of Defense relating to separation from military service.

"DD215." A United States Department of Defense Incomplete Awards, Decorations and Discharges Form 215 or a similarly effective form issued by the Department of Defense to correct errors or make additions to a DD214 in order to ensure that the veteran has accurate discharge documentation.

"Discharge papers or separation documents." A DD214, DD215 or NGB-22.

"NGB-22." A National Guard Bureau Report of Separation and Record of Service Form 22 or a similarly effective form issued by the National Guard Bureau relating to separation from military service, specifically in the National Guard.

"Private employer." A sole proprietor, corporation, partnership, limited liability company or any other legal entity, including nonprofits, with more than one employee.

"Soldier." (Deleted by amendment).

"Spouse of a disabled veteran." The spouse of a veteran who has been classified by the United States Department of Veterans Affairs' Veterans Benefits Administration as having a permanent total disability and is a United States citizen.

"Surviving spouse." An unmarried spouse of a deceased veteran or of a service member who died on active duty in the United States Armed Forces, including a reserve component or National Guard.

"Under conditions other than dishonorable." A condition in which a recipient of a discharge from service is any of the following:

(1) A recipient of an honorable discharge.

(2) A recipient of a general, under honorable conditions, discharge.

(3) A recipient of a discharge under other than dishonorable conditions for which the recipient has been determined to be eligible for benefits afforded by the United States Department of Veterans Affairs.

"Veteran." The term includes:

(1) An individual who served, as evidenced by the veteran's discharge papers or separation documents, or hereafter serves in any of the following:

(i) in the armed forces of the United States, including a reserve component or National Guard, has completed their initial contractual military service obligation and their last discharge or release was under conditions other than dishonorable;

(ii) in the armed forces of the United States, including a reserve component or National Guard, has served during a period of war or armed conflict as determined by the United States Department of Defense, has completed a tour of active duty for purposes other than training, was released from that period of active duty under conditions other than dishonorable and continues to serve;

(iii) in the armed forces of the United States, including a reserve component or National Guard, has completed an initial contractual military service obligation and continues to serve; or

(iv) in the armed forces of the United States, including a reserve component or National Guard, whose last discharge was due to a disability and under conditions other than dishonorable.

(2) An active duty member of the armed forces of the United States who is completing a tour of active duty that is three years or more and is within 90 days of an approved discharge or release, as evidenced by documentation of the projected discharge or release from active duty under conditions other than dishonorable.

"Veterans' preference employment policy." A voluntary policy adopted by a private employer for hiring, promoting or retaining a veteran, a spouse of a disabled veteran or a surviving spouse over another qualified applicant or employee. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days; July 7, 2022, P.L.474, No.44, eff. 60 days) 2022 Amendment. Act 44 amended the defs. of "surviving spouse" and "veteran" and added the def. of "under conditions other than dishonorable."
51 Pa.C.S. § 3225 — PA Code / Title 51 / Chapter 32 / Section 3225
Benefit.
Status: in_force

(a) Provision.--From the money appropriated for the purposes of this subchapter, benefit payments shall be provided to the military college or approved institution of higher learning on behalf of eligible members for the purpose of pursuing an approved degree-producing program.

(b) Promissory note.--Prior to entry into the program, the eligible member shall sign a promissory note obligating the eligible member to repay the full amount of the benefit if the eligible member fails to satisfactorily fulfill the service obligation. The promissory note shall become payable upon noncompletion of the service obligation under section 3227(a) (relating to recoupment of benefit payments).

(c) Amount.--Benefits awarded under this subchapter shall be:

(1) in year one and two, the rate of military college tuition for the approved associate's degree-producing program; and

(2) thereafter, the annual tuition rate charged by a State System of Higher Education institution for the completion of the eligible member's first bachelor's degree.

(d) Other grants and financial aid.--

(1) The agency may not reduce the amount of other agency grants or aid for which the eligible member qualifies on account of the eligible member's eligibility for or receipt of a benefit under this subchapter.

(2) Prior to making a benefit payment under this subchapter, the approved institution of higher learning shall first consider any Federal tuition assistance received by the eligible member and shall award a benefit under this subchapter if the eligible member requires additional

financial aid to cover the costs of attendance for an approved degree-producing program.

(3) A benefit under this subchapter shall be paid or refunded to the eligible member for approved costs of attendance.

(4) Benefits authorized under this section shall be reduced so that the total of Federal and State military education benefits, as administered by the Pennsylvania National Guard, does not exceed 100% of the costs of attendance.

(e) Adjustments.--If the agency and the Adjutant General determine that the amount appropriated for the program in any year will be insufficient to provide benefits in the amounts specified in this section to each eligible member, the agency and the department may reduce the maximum amount of the benefits proportionately or set a limit on the number of participants to ensure that sums expended do not exceed appropriations.

(f) Limit on charges.--Eligible members attending a State System of Higher Education institution may not be charged additional tuition above the annual tuition rate.

(g) Limit on tuition.--A State System of Higher Education institution may not charge an eligible member more than the in-State rate. Cross References. Section 3225 is referred to in section 3227 of this title.
51 Pa.C.S. § 9304 — PA Code / Title 51 / Chapter 93 / Section 9304
Grants to veterans' service officer programs.
Status: in_force

(a) Award allocations.--From funds specifically appropriated for this purpose, the department shall award grants to designated veterans' service organizations to support veterans' service officer programs. Grants awarded under this section shall be used solely to support accredited veterans' service officers and the associated costs, including:

(1) Wages, benefits, other compensation and related personnel costs.

(2) Training provided by accredited veterans' service advocacy staff.

(3) Equipment to be used by accredited veterans' service officer staff.

(b) Program goals.--The goals of the program shall include:

(1) improvement of the coordination and distribution of veterans' benefits;

(2) maximization of the effective and efficient use of taxpayer dollars; and

(3) increasing veterans' participation in available benefits programs.

(c) Use of grants.--A designated veterans' service organization shall use grants received under this section to improve the administration and delivery of services to Pennsylvania's veterans and meet the goals set forth in subsection (b) by:

(1) Increasing interaction between the veterans' service organizations and the United States Department of Veterans Affairs in order to enhance the delivery of services to Pennsylvania veterans.

(2) Increasing the number of initial claims filed with the United States Department of Veterans Affairs on behalf of Pennsylvania veterans for service-related disabilities or pension benefits.

(3) Developing methods to increase rates of recovery paid by the United States Department of Veterans Affairs to Pennsylvania veterans.

(4) Expanding training opportunities for designated veterans' service organizations and veterans' service officers.

(5) Increasing either the number or percentage of Pennsylvania veterans enrolled in the Department of Veterans Affairs health care system.

(6) Improving coordination among the veterans' service organizations and with the department to assure an integrated approach to claims processing.

(7) Improving outreach services to veterans throughout Pennsylvania and each of its counties.

(d) Eligibility.--The following veterans' service organizations are designated to receive grants under this program:

(1) The American Legion.

(2) AMVETS.

(3) Veterans of Foreign Wars of the United States.

(4) Disabled American Veterans.

(5) The department may designate additional Pennsylvania veterans' service organizations to receive grants under the program when:

(i) The veterans' service organization is a member of the State Veterans' Commission as listed in section 1702(b) (relating to State Veterans' Commission).

(ii) The veterans' service organization serves as an active participant in the State Veterans' Commission abiding by the statutory rules and guidelines.

(e) Application for allocations.--Veterans' service organizations eligible for funding under subsection (c) shall submit an annual spending plan to the department in order to be eligible to receive a grant under this section consistent with the provisions of subsections (b) and (c).

(f) Amount of grants.--The department shall determine the annual allocation to each of the designated veterans' service organizations based on the spending plan submitted under subsection (e) for the upcoming fiscal year and on actual recoveries from the previous fiscal year. If the total

appropriation totals less than the collective spending plans, the department shall prorate the allocations among eligible organizations based on the spending plan and past performance.

(g) Procedures, policies and guidelines.--The department shall establish procedures, policies, guidelines, forms and reporting requirements necessary to carry out the purposes of this program within 45 days of the effective date of this section. Procedures, policies, guidelines, forms and reporting requirements established under this section shall be submitted to the Veterans Affairs and Emergency Preparedness Committee of the Senate and the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives for their review and comment.

(h) Reporting requirements.--On or before October 1 of each year, designated veterans' service organizations participating in the program established by this section shall file a written report with the Adjutant General and the Deputy Adjutant General for Veterans' Affairs and send copies to the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives and State Veterans' Commission. The report shall contain the following information:

(1) A description of all veterans' service officer activities, an accounting of recoveries and a listing of volunteer hours for the preceding Commonwealth fiscal year.

(2) A proposed budget and spending plan for the Commonwealth fiscal year beginning on July 1 of the year following the filing of the report.

(3) An accounting of its expenditures from grants awarded under this program, audited by a certified public accountant for the preceding Commonwealth fiscal year.

(i) Review of reports.--The Veterans Affairs and Emergency Preparedness Committee of the Senate and the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives shall review the reports filed by the participating veterans' service organizations.

(j) Audits.--The department or the Auditor General may conduct such audits and reviews of the grant program hereby established as the department or the Auditor General determines to be necessary or appropriate. Copies of all audit reports or reviews conducted by the department or the Auditor General shall be made available to the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives. (Dec. 12, 2007, P.L.433, No.66, eff. imd.) 2007 Amendment. Act 66 added section 9304. See section 2 of Act 66 in the appendix to this title for special provisions relating to applicability.
51 Pa.C.S. § 9603 — PA Code / Title 51 / Chapter 96 / Section 9603
Participation goal.
Status: in_force

A Statewide annual goal of not less than 3% participation by veteran-owned small businesses, including service-disabled veteran-owned small businesses, is established. The participation goal shall apply to the total value of all contracts available to small businesses in each fiscal year. Cross References. Section 9603 is referred to in section 303 of Title 74 (Transportation).
51 Pa.C.S. § 9507 — PA Code / Title 51 / Chapter 95 / Section 9507
Fee.
Status: in_force

A person authorized under section 9505(a) (relating to third-party drugs in long-term care facilities, assisted living residences and personal care homes) to dispense a drug may charge no more than the maximum dispensing fee authorized by the Department of Public Welfare regulations under the medical assistance program. (Oct. 14, 2014, P.L.2511, No.147, eff. 60 days)

References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
51 Pa.C.S. § 905 — PA Code / Title 51 / Chapter 9 / Section 905
Approving appointment of Federal personnel.
Status: in_force

The Adjutant General shall approve all appointments of personnel authorized by the laws of the United States to care for Federal property and assist in the administration of the Pennsylvania National Guard. The appointment of personnel will not be made without meeting all the requirements and qualifications imposed by existing laws and regulations.
51 Pa.C.S. § 9610 — PA Code / Title 51 / Chapter 96 / Section 9610
Definitions.
Status: in_force

As used in this subchapter, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Business fee." A fee required to be paid to the Commonwealth or a political subdivision for starting or opening a business within this Commonwealth. The term does not include a fee for maintaining licensure or other requirement for continuing to operate a business.

"Reservist." A member of a United States Armed Forces reserve component or National Guard.

"Reservist-owned small business." A business owned and controlled by a member of a United States Armed Forces reserve component or National Guard.
51 Pa.C.S. § 3207 — PA Code / Title 51 / Chapter 32 / Section 3207
Recoupment of grant payments.
Status: in_force

(a) General rule.--

(1) Except as provided in paragraph (2), an eligible member who fails to meet the six-year service obligation of this subchapter or to meet other requirements established by the Adjutant General or the agency is liable to the Commonwealth for repayment of all or part of any grant payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation, and the promissory note under section 3204(b) (relating to grants) shall be repaid by the eligible member

upon demand by the agency on a schedule as the agency may determine.

(2) Notwithstanding section 3204(b), an eligible member who fails to meet the six-year service obligation of this subchapter or meet other requirements established by the Adjutant General shall only be liable to the agency for a proportional share of the promissory note under section 3204(b). The agency shall reduce the amount owed by an eligible member based off the time of service obligation completed.

(b) Forgiveness of recoupment.--The Adjutant General shall notify the agency and the agency shall forgive recoupment of all or part of an eligible member's grant payments if the Adjutant General determines that the eligible member's failure to fulfill the six-year service obligation was the result of one of the following:

(1) Death.

(2) (Deleted by amendment).

(2.1) Discharge because of a medical determination that is not due to the eligible member's misconduct.

(3) (Deleted by amendment).

(3.1) Discharge at the convenience of the department or the Pennsylvania National Guard.

(4) The existence of other compelling circumstances that warrant forgiveness. (June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.; July 7, 2025, P.L.108, No.32, eff. 60 days) Cross References. Section 3207 is referred to in section 3204 of this title.
51 Pa.C.S. § 5707 — PA Code / Title 51 / Chapter 57 / Section 5707
Oaths or affirmations.
Status: in_force

(a) General rule.--Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case shall be in accordance with regulations prescribed by the Governor or the department. These regulations may provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, assistant trial counsel, defense counsel or assistant defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and, if such an oath or affirmation is taken, it need not be taken again at the time the judge advocate or other person is detailed to that duty.

(b) Witnesses.--Each witness before a court-martial shall be examined under oath or affirmation.
51 Pa.C.S. § 5208 — PA Code / Title 51 / Chapter 52 / Section 5208
Delivery of offenders to civil authorities.
Status: in_force

(a) General rule.--Under such regulations as may be prescribed under this part, a person subject to this part accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement.

(b) Effect on sentence of court-martial.--When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial. The offender, after having answered to the civil authorities for his offense, shall, upon the request of competent military authority, be returned to the place of original custody for the completion of such sentence of the court-martial.
51 Pa.C.S. § 7201 — PA Code / Title 51 / Chapter 72 / Section 7201
Scope of chapter.
Status: in_force

This chapter relates to private employer's veterans' preference policies.
51 Pa.C.S. § 4627 — PA Code / Title 51 / Chapter 46 / Section 4627
Grant of legal custody to nonparent.
Status: in_force

If the deploying parent is unable to exercise the scope of legal custody awarded to the deploying parent, a court may grant part of the deploying parent's scope of legal custody to a nonparent who is an adult with whom the child has a close and substantial relationship. A court order under this section shall specify the scope of legal custody granted.
51 Pa.C.S. § 6020 — PA Code / Title 51 / Chapter 60 / Section 6020
Releasing prisoner without proper authority.
Status: in_force

Any person subject to this part who, without proper authority, releases any prisoner committed to his charge or who, through neglect or design, suffers any such prisoner to escape shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
51 Pa.C.S. § 7107 — PA Code / Title 51 / Chapter 71 / Section 7107
Computation of seniority for reduction in force.
Status: in_force

Whenever a reduction in force is necessary in any public position, or on public works of the Commonwealth and its political subdivisions, and personnel are discharged according to seniority, the number of years of service of any veteran shall be determined by adding the veteran's total years of service in the civil service or on public works to the veteran's total years of service as a member of the armed forces of the United States, including a reserve component or National Guard, during any period of war or armed conflict in which the United States engaged other than for periods of active duty training. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
51 Pa.C.S. § 2305 — PA Code / Title 51 / Chapter 23 / Section 2305
Promotion of commissioned and warrant officers.
Status: in_force

The Governor has the power to promote officers and warrant officers of the Pennsylvania National Guard in accordance with the laws of the United States and rules and regulations promulgated thereunder.
51 Pa.C.S. § 3105 — PA Code / Title 51 / Chapter 31 / Section 3105
Association group life insurance for Pennsylvania National Guard.
Status: in_force

(a) Voluntary participation for group life insurance.--The Adjutant General may approve issuance of group life insurance to nonprofit membership associations for members of the Pennsylvania National Guard, subject to the following requirements:

(1) The members eligible for insurance under the policy shall all be members of the Pennsylvania National Guard or their spouses or dependents. A member of the Pennsylvania National Guard who becomes insured under this program while a member may continue the insurance, including group term life insurance, after discharge or retirement from the Pennsylvania National Guard.

(2) The premium for the policy shall be paid by the individual members of the Pennsylvania National Guard or their spouses or dependents who elect to participate in the insurance plan either by direct payment or by allotment from military pay. An individual family member may insure his spouse or dependent without their signature or approval.

(3) The policy must cover at least 25 members of the Pennsylvania National Guard at the time of issue.

(4) The amounts of insurance under the policy must not exceed $400,000 per individual insured member and $100,000 per insured spouse or dependent.

(5) Participation in the insurance plan must be voluntary.

(6) Except as otherwise provided by this section, the policy or policies must comply with the provisions of the act of May 11, 1949 (P.L.1210, No.367), referred to as the Group Life Insurance Policy Law, and be approved by the Insurance Commissioner and the Adjutant General.

(7) The same policy can be made available to any Pennsylvania resident who is a member of a reserve component of the armed forces.

(b) Group life insurance for eligible members.--The Adjutant General shall approve issuance of group life insurance to nonprofit membership associations for eligible members of the Pennsylvania National Guard, subject to the following:

(1) For eligible members of the Pennsylvania National Guard, the Commonwealth shall pay premiums not otherwise paid by the Federal Government so that eligible members have life insurance coverage equal to the maximum available Servicemembers' Group Life Insurance coverage. Premium payments may take one of the following forms:

(i) Purchase of coverage under subsection (a) in an amount equal to the difference between:

(A) the maximum coverage under the Federal Servicemembers' Group Life Insurance program; and

(B) the amount of Servicemembers' Group Life Insurance coverage paid by the Federal Government.

(ii) Payment or reimbursement of the difference in premiums to the eligible members of the Pennsylvania National Guard.

(2) In the case of an eligible member of the Pennsylvania National Guard who was killed in the line of duty after September 11, 2001, and before the effective date of this subsection, the Commonwealth shall pay the designated beneficiary of the member or, if none, the member's next of kin an amount equal to the greater of the premiums paid for Servicemembers' Group Life Insurance coverage for the period the eligible member was deployed or, if the member did not elect the maximum coverage, the difference between the maximum coverage in effect at the time the eligible member was killed and the amount of coverage elected by the member.

(3) The department shall promulgate regulations for the administration of this subsection.

(c) Definition.--As used in this section, the term "eligible member of the Pennsylvania National Guard" shall mean:

(1) members of the Pennsylvania National Guard ordered to active Federal service for a period of 30 or more consecutive days while preparing to deploy, deployed and demobilizing from deployment, to areas or operations designated by the Secretary of Defense as "zones of combat" or "combat operations"; and

(2) members of the Pennsylvania National Guard ordered to active State duty for emergencies under section 508 (relating to active duty for emergency) or 35 Pa.C.S. § 7601 (relating to compact enacted) for a period of 30 or more consecutive days. (Dec. 17, 1990, P.L.700, No.174, eff. imd.; July 7, 2006, P.L.1046, No.105, eff. 60 days)
51 Pa.C.S. § 3224 — PA Code / Title 51 / Chapter 32 / Section 3224
Program participation.
Status: in_force

(a) Selection.--The department, with the assistance of the military college, shall evaluate the candidates for the program and make recommendations to the Adjutant General for selection.

(b) Discharge for disability incurred in line of duty.--An eligible member who is discharged for medical disability shall be disenrolled from the program if the eligible member is unable to fulfill the service obligation to the Pennsylvania National Guard as required for the benefit under this subchapter.

(c) Academic or military disqualification standards.--An eligible member who fails to meet academic or military qualification standards shall be disenrolled from the program under this subchapter.

(d) Conditional release from Simultaneous Membership Program.--An eligible member may be released from Simultaneous Membership Program status for voluntary or involuntary reasons. The following apply:

(1) An applicant who completes the senior Army ROTC program of instruction shall be released from Simultaneous Membership Program status in order to be accessed into the Pennsylvania National Guard as a commissioned officer. Release from Simultaneous Membership Program status under this subchapter shall terminate the eligible member's enlistment contract in exchange for a new officer contract. The eligible member shall incur an eight-year active drilling contractual obligation to the Pennsylvania National Guard upon appointment as a second lieutenant.

(2) An eligible member who voluntarily or involuntarily becomes disenrolled from ROTC and is eligible to continue military service shall remain in the Pennsylvania National Guard as an enlisted soldier. An eligible member who becomes qualified as an enlisted soldier as provided under National Guard Regulation 600-100 (relating to commissioned officers Federal recognition and related personnel actions) in effect on the effective date of this section shall retain the benefit previously awarded during Simultaneous Membership Program status.

(3) An eligible member who voluntarily or involuntarily becomes disenrolled from ROTC and is ineligible to continue military service for reasons other than medical conditions shall be discharged from the Pennsylvania National Guard as provided under National Guard Regulations 600-100 and 600-200 (relating to enlisted personnel management), in effect on the effective date of this section. An eligible member who is discharged under this subchapter shall be subject to recoupment under section 3227 (relating to recoupment of benefit payments).
51 Pa.C.S. § 711 — PA Code / Title 51 / Chapter 7 / Section 711
Installation of police officers for Fort Indiantown Gap and other designated Commonwealth military installations and facilities.
Status: in_force

(a) Appointment.--The Adjutant General may issue commissions to Commonwealth employees of the Department of Military and Veterans Affairs to act as installation police officers at Fort Indiantown Gap and other Commonwealth military installations and facilities designated by the Adjutant General.

(b) Training.--Any employee commissioned under this section shall, prior to exercising the powers and duties described in this section, have successfully completed a course of training approved under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training). Installation police will, during the course of their employment, undertake and complete such periodic training as is required under 53 Pa.C.S. Ch. 21 Subch. D.

(c) Powers and duties.--Subject to such administrative limitations or restrictions as the Adjutant General may prescribe, installation police employed under this section shall have the power and duty to:

(1) enforce good order on the grounds and in the buildings of Fort Indiantown Gap or other designated military installation or facility;

(2) protect the grounds and buildings of Fort Indiantown Gap or other designated military installation or facility;

(3) exclude disorderly persons from the grounds and buildings of Fort Indiantown Gap or other designated military installation or facility;

(4) adopt whatever means necessary for the performance of their duties;

(5) exercise the same powers as are now or may hereafter be exercised under authority of law or ordinance by the police officers of municipalities within this Commonwealth, including, but not limited to, those powers conferred pursuant to 42 Pa.C.S. Ch. 89. Subch. D (relating to municipal police jurisdiction);

(6) prevent crime, investigate criminal acts, apprehend, arrest and charge criminal offenders and issue summary citations for offenses committed on the grounds and in the buildings at Fort Indiantown Gap or other designated military installation or facility and prefer charges against offenders under the laws and procedures of this Commonwealth. For the purposes of applying the provisions of 42 Pa.C.S. Ch. 89 Subch. D, the grounds and within 500 yards of the boundary of Fort Indiantown Gap or other designated military installation or facility shall constitute the primary jurisdiction of the installation police;

(7) order off the grounds and out of the buildings of Fort Indiantown Gap or other designated military installation or facility all vagrants, loafers, trespassers and persons under the influence of liquor and, if necessary, remove them by force and, in case of resistance, arrest such offender in accordance with the laws and procedures of this Commonwealth; and

(8) arrest any person who damages, mutilates or destroys the trees, plants, shrubbery, turf, grass plots, benches, buildings and structures or commits any other offense on the grounds and in the buildings of Fort Indiantown Gap or other designated military installation or facility and prefer

charges against such offender under the laws and procedures of this Commonwealth.

(d) Municipal agreements.--The Adjutant General and municipalities where Fort Indiantown Gap and other designated military installations or facilities are located are authorized to enter into agreements for the concurrent exercise of those powers and duties conferred pursuant to a cooperative police service agreement in accordance with 42 Pa.C.S. § 8953 (relating to Statewide municipal police jurisdiction). When so acting, the installation police shall have the same powers and immunities granted to police officers in 42 Pa.C.S. Ch. 89 Subch. D.

(e) Status.--When acting within the scope of the authority of this section, installation police are at all times employees of the Commonwealth and shall be entitled to all of the rights and benefits accruing therefrom. Installation police commissioned under this section are "peace officers" for the purposes of 18 Pa.C.S. Ch. 5 (relating to general principles of justification). This section does not change the status of installation police officers for the purposes of the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or cause installation police officers to be considered policemen for the purposes of the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act. (Oct. 27, 2010, P.L.872, No.89, eff. 60 days) 2010 Amendment. Act 89 added section 711. Cross References. Section 711 is referred to in section 2168 of Title 53 (Municipalities Generally); section 5102 of Title 71 (State Government).
51 Pa.C.S. § 1102 — PA Code / Title 51 / Chapter 11 / Section 1102
Composition and organization.
Status: in_force

The Pennsylvania National Guard shall consist of such personnel as may, under the act of Congress, be prescribed by the President of the United States as the portion of the National Guard of the United States apportioned and assigned to this Commonwealth. The personnel of the Pennsylvania National Guard shall be organized according to the directives of the Department of the Army and the Department of the Air Force.
51 Pa.C.S. § 6021 — PA Code / Title 51 / Chapter 60 / Section 6021
Unlawful detention of another.
Status: in_force

Any person subject to this part who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished as a court-martial may direct.
51 Pa.C.S. § 5910 — PA Code / Title 51 / Chapter 59 / Section 5910
Review by Superior Court.
Status: in_force

(a) General rule.--Final judgments of courts-martial empowered to impose a sentence of confinement for one year or more are appealable to the Superior Court, after approval by the convening authority, in the same manner and subject to the same process as a criminal conviction by the courts of common pleas. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases.

(b) Waiver of review.--The accused may file with the convening authority a statement expressly withdrawing the right of the accused to have his case reviewed by the Superior Court. Such a withdrawal shall be signed by both the accused and his defense counsel and must be filed in accordance with appellate procedures as provided by law. The accused may withdraw his case from review by the Superior Court at any time in accordance with appellate procedures as provided by law. Cross References. Section 5910 is referred to in section 5912 of this title.
51 Pa.C.S. § 713 — PA Code / Title 51 / Chapter 7 / Section 713
Civil Air Patrol.
Status: in_force

(a) Liaison.--The department shall be a liaison for the Civil Air Patrol and shall, notwithstanding any law, provide administrative support in accordance with this section and within the limits of authorized appropriations.

(b) Supervision.--The department shall:

(1) Receive, grant and supervise the expenditure of State funds appropriated by the General Assembly or secured by the Commonwealth for the use and benefit of the Civil Air Patrol within this Commonwealth.

(2) Supervise the maintenance and use of Commonwealth facilities used by the Civil Air Patrol.

(3) Receive, from the Commonwealth or the Commonwealth's instrumentalities, requests for approval for assistance by

the Civil Air Patrol in natural or man-made disasters or emergency situations. A requested and approved mission must be approved or denied in accordance with Federal procedures and in consultation with the Adjutant General or the Adjutant General's designee and the Pennsylvania Emergency Management Agency.

(c) Construction.--Nothing in this section may be construed to limit, diminish or impair an authority, right or agreement validly established and existing on the effective date of this section.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Assistance." The term shall include, but is not limited to, the following missions:

(1) Search and rescue.

(2) Disaster relief support.

(3) Homeland security.

(4) Emergency transport services.

(5) Communications support. (July 2, 2019, P.L.384, No.60, eff. 60 days) 2019 Amendment. Act 60 added section 713.
51 Pa.C.S. § 9901 — PA Code / Title 51 / Chapter 99 / Section 9901
Definitions.
Status: in_force

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:

"Commonwealth program." A program administered by the Commonwealth that requires, as a condition for eligibility, the inclusion of an individual's income. The term does not include a federally funded program that requires a state to meet Federal criteria.

"Veteran." An individual who served in the United States Armed Forces, including a reserve component or National Guard, and who was discharged or released from that service under conditions other than dishonorable.

"Veterans' benefit payment." Compensation or payment received by a veteran that is directly related to or the result of the veteran's service-connected disability as determined by the United States Department of Veterans Affairs or benefits provided to a veteran by a Commonwealth agency or authorized under the laws of this Commonwealth.
51 Pa.C.S. § 7101 — PA Code / Title 51 / Chapter 71 / Section 7101
Soldier defined (Repealed).
Status: repealed

2020 Repeal. Section 7101 was repealed October 29, 2020, P.L.1045, No.102, effective in 60 days.
51 Pa.C.S. § 7102 — PA Code / Title 51 / Chapter 71 / Section 7102
Credits in civil service examinations (Repealed).
Status: repealed

2020 Repeal. Section 7102 was repealed October 29, 2020, P.L.1045, No.102, effective in 60 days.
51 Pa.C.S. § 9806 — PA Code / Title 51 / Chapter 98 / Section 9806
Administration.
Status: in_force

Subject to 32 U.S.C. § 509 (relating to National Guard Youth Challenge Program of opportunities for civilian youth) and its implementing regulations and applicable agreements, the program shall be staffed by the administrative, professional, technical

and clerical employees necessary for the operation of the program.
51 Pa.C.S. § 5805 — PA Code / Title 51 / Chapter 58 / Section 5805
Execution of confinement.
Status: in_force

(a) Place of confinement.--A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this part. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.

(b) Authority to require hard labor.--The omission of the words "hard labor" from any sentence or punishment authorized under this part does not deprive the confinement facility executing that sentence or punishment of the power to require hard labor as a part of the punishment if it is otherwise within the authority of that facility to do so.

(c) Refusal to accept accused prohibited.--No place of confinement may refuse or decline to accept an accused sentenced to confinement under this part or require payment of any fee or charge for so receiving or confining an accused except as otherwise provided by law. Any such fee or charge shall not exceed a per diem charge of $25 per day if otherwise authorized by law.
51 Pa.C.S. § 5301 — PA Code / Title 51 / Chapter 53 / Section 5301
Commanding officer's nonjudicial punishment.
Status: in_force

(a) General rule.--Under such regulations as the Governor may prescribe, any commanding officer or officer-in-charge may impose disciplinary punishments for minor offenses without the intervention of a court-martial. The Governor, the Adjutant General or a general officer or colonel in command may delegate the powers under this section to a principal assistant who is a member of the State military forces.

(b) Punishments by any commanding officer.--Any commanding officer may impose upon enlisted members of the officer's command any of the following disciplinary punishments:

(1) An admonition.

(2) A reprimand.

(3) The withholding of privileges for not more than six months, which need not be consecutive.

(4) The forfeiture of pay of not more than seven days' pay.

(5) A fine of not more than seven days' pay or $200, whichever is less.

(6) A reduction to the next inferior pay grade if the grade from which the enlisted member is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the officer imposing the reduction.

(7) Extra duties, including fatigue or other duties, for not more than 14 days, which need not be consecutive.

(8) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.

(c) Punishments by major or lieutenant commander and other officers.--Any commanding officer of the rank of major or lieutenant commander or above may impose upon enlisted members of the officer's command any of the following disciplinary punishments:

(1) Any punishment authorized in subsection (b)(1), (2) and (3).

(2) The forfeiture of not more than one-half of one month's pay per month for two months.

(3) A fine of not more than one month's pay or $500, whichever is less.

(4) A reduction to the lowest or any intermediate pay grade if the grade from which the enlisted member is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the officer imposing the reduction. An enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.

(5) Extra duties, including fatigue or other duties, for not more than 45 days which need not be consecutive.

(6) Restriction to certain specified limits, with or without suspension from duty, for not more than 60 days, which need not be consecutive.

(d) Punishments by the Governor, Adjutant General and high officers.--The Governor, the Adjutant General, an officer exercising general court-martial convening authority or an officer of a general or flag rank in command may impose any of the following disciplinary punishments:

(1) Upon officers:

(i) Any punishment authorized in subsection (c)(1),

(2), (3) and (6).

(ii) Arrest in quarters for not more than 30 days, which need not be consecutive.

(2) Upon enlisted members, any punishment authorized in subsection (c).

(e) Limits for consecutive punishments.--Whenever any punishments authorized under this section are combined to run consecutively, the total length of the combined punishment shall not exceed the authorized duration of the highest punishment the Governor, Adjutant General or officer may impose. Punishments must be apportioned so that no single punishment exceeds its authorized length under this section.

(f) Preliminary requirements.--Prior to the offer of nonjudicial punishment, the commanding officer shall determine whether arrest in quarters or restriction shall be considered as punishments. Should the commanding officer determine that the punishment options may include arrest in quarters or restriction, the accused shall be notified of the right to demand trial by court-martial. Should the commanding officer determine that the punishment options will not include arrest in quarters or restriction, the accused shall be notified that there is no right to trial by court-martial in lieu of nonjudicial punishment.

(g) Reduction of penalty.--The officer who imposes the punishment, or the successor in command, may at any time suspend, set aside, mitigate or remit any part or amount of the punishment and restore all rights, privileges and property affected. The mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the mitigated punishment. The officer also may:

(1) Mitigate reduction in grade to forfeiture of pay.

(2) Mitigate arrest in quarters to restriction.

(3) Mitigate extra duties to restriction.

(h) Appeal from punishment.--A person punished under this section who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within 15 days after the punishment is announced or sent to the person. The appeal shall be promptly forwarded and decided. While awaiting a decision, the person appealing the punishment may be required to begin to serve the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (g) by the officer who imposed the punishment. Before acting on an appeal of a punishment, the superior authority may refer the case to a judge advocate for consideration and advice.

(i) Additional proceedings.--The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this section. The fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

(j) Application of forfeiture.--Whenever a punishment of forfeiture of pay is imposed under this section, the forfeiture may apply to pay accruing before, on or after the date that punishment is imposed.

(k) Records of proceedings.--The form of records to be kept of proceedings under this section may be prescribed by regulations adopted by the department. The regulations may prescribe that certain categories of the proceedings be in writing.

(l) Restrictions.--When punishment has been imposed under this section for an offense, nonjudicial punishment may not again be imposed for the same offense. Once nonjudicial punishment has been imposed, it may not be increased upon appeal or otherwise. When a commander determines that nonjudicial punishment is appropriate for a particular service member, all

known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including all offenses arising from a single incident or course of conduct, will ordinarily be considered together and not made the basis for multiple punishments. This subsection does not restrict the commander's right to prefer court-martial charges for a nonminor offense previously punished under the provisions of this section. Cross References. Section 5301 is referred to in sections 5102, 5708 of this title.
51 Pa.C.S. § 8905 — PA Code / Title 51 / Chapter 89 / Section 8905
Appeals.
Status: in_force

Any applicant aggrieved by a determination of the commission may appeal that determination to the Adjutant General under the provisions of Title 2 (relating to administrative law and procedure).
51 Pa.C.S. § 6028 — PA Code / Title 51 / Chapter 60 / Section 6028
Aiding the enemy.
Status: in_force

Any person subject to this part who:

(1) aids or attempts to aid the enemy with arms, ammunition, supplies, money or other things; or

(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall be punished as a court-martial may direct.
51 Pa.C.S. § 7305 — PA Code / Title 51 / Chapter 73 / Section 7305
Seniority rights.
Status: in_force

Every employee who returns to his employment at the time of or prior to the expiration of his military leave of absence shall be restored as provided in section 7304 (relating to reemployment rights) in such manner as to give him such status in his employment as he would have enjoyed if he had continued in such employment continuously from the time of his entering the armed forces until the time of his restoration to such employment.
51 Pa.C.S. § 9102 — PA Code / Title 51 / Chapter 91 / Section 9102
Affidavits and acknowledgments by designated officers.
Status: in_force

(a) Designation of certain officers authorized.--Each local organization of The American Red Cross, The American Legion, Veterans of World War I of the U.S.A., Inc., Veterans of Foreign Wars of the United States, Disabled American Veterans, United Spanish War Veterans, Regular Veterans Association, Director of Veterans Affairs, Jewish War Veterans of the United States, the Military Order of the Purple Heart, the Italian American War Veterans of the United States, Incorporated, and such other similar organizations now or hereafter accredited or recognized by the United States Veterans Administration, which supplies such aid and assistance to veterans or their dependents, and which gratuitously prepares forms for veterans and their dependents in connection with their affairs as such before the United States, any agency thereof, or the Commonwealth, any agency or political subdivision thereof, is hereby authorized to designate one of its officers to take affidavits or acknowledgments to such forms, as may be required by rule, regulation or otherwise by the United States, any agency thereof, or the Commonwealth, any agency or political subdivision thereof, in the administration of the affairs of veterans and their dependents. For the same purposes the Adjutant General is authorized to designate one or more persons from the Department of Military Affairs, and the State Director of Selective Service is authorized to designate one or more persons from the Pennsylvania Selective Service System.

(b) Appointment, certification and authority.--When any such officer or person is so designated, his name, address and official position shall be furnished to the Secretary of the Commonwealth, in writing, signed by such designated officer or

person, accompanied by a certificate of his designation by the proper authority of such organization, or of the Adjutant General, or the State Director of Selective Service, as the case may be. Upon receipt of such writing and certificate in form as herein provided the Secretary of the Commonwealth, with the approval of the Governor, shall issue under his hand and seal of his office a certificate of appointment to such designated officer or person which shall authorize him to take affidavits or acknowledgments of veterans and their dependents in connection with their affairs as such before the United States, any agency thereof, or the Commonwealth, any agency or political subdivision thereof. Such authorized officer or person shall exercise the authority conferred under the provisions of this section at the pleasure of the Governor. Each certificate issued as aforesaid by the Secretary of the Commonwealth shall be numbered in the order of date issued, and the Secretary of the Commonwealth is hereby authorized to certify such appointment whenever required.

(c) Record of affidavit or acknowledgment.--Each affidavit or acknowledgment taken as above authorized shall contain the date, signature and title of the officer or person administering the same and the number of the certificate issued to the authorized officer or person.

(d) Charges for certification, acknowledgment or affidavit.--The Secretary of the Commonwealth shall make no charge whatsoever for filing, appointing, or certifying under the provisions of this section, nor shall any officer or person so designated and authorized make any charge for taking such acknowledgments or affidavits.

(e) Penalty.--Any person who shall be convicted of having willfully and knowingly made or taken a false oath or affirmation before any officer or person authorized under this section to administer same in any matter within his official duty, shall be guilty of a misdemeanor of the third degree. References in Text. The Department of Military Affairs, referred to in subsec. (a), is now the Department of Military and Veterans Affairs. See Act 80 of 1995 and Act 12 of 1996.
51 Pa.C.S. § 5105 — PA Code / Title 51 / Chapter 51 / Section 5105
Jurisdiction to try certain personnel.
Status: in_force

(a) Discharge obtained fraudulently.--Each person subject to this part discharged from the State military forces who is later charged with having fraudulently obtained a discharge shall be, subject to section 5708 (relating to statute of limitations), subject to trial by court-martial on said charge and shall after apprehension be subject to this part while in custody under the direction of the State military forces for that trial. Upon conviction of said charge, the person shall be subject to trial by court-martial for all offenses under this part committed before the fraudulent discharge.

(b) Deserters.--No person subject to this part who has deserted from the State military forces shall be relieved from

amenability to the jurisdiction of this part by virtue of a separation from any subsequent period of service.
51 Pa.C.S. § 3227 — PA Code / Title 51 / Chapter 32 / Section 3227
Recoupment of benefit payments.
Status: in_force

(a) Liability.--An eligible member who fails to meet the eight-year service obligation of this subchapter or other requirements established by the Adjutant General or the agency shall be liable to the Commonwealth for repayment of all or part of benefit payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation, and the promissory note under section 3225(b) (relating to benefit) shall be repaid by the eligible member upon demand of the agency on a schedule as the agency may determine.

(b) Forgiveness of recoupment.--Upon notification by the Adjutant General, the agency shall forgive recoupment of all or part of an eligible member's benefit payments if the Adjutant General determines that the eligible member's failure to fulfill the eight-year service obligation is the result of one of the following:

(1) The eligible member's death.

(2) The eligible member's discharge because of disability incurred in the line of duty.

(3) The eligible member's discharge because of a medical determination that the eligible member is medically unfit for duty if the medical condition is outside the eligible member's control and is not due to the eligible member's misconduct.

(4) The existence of other compelling circumstances that warrant forgiveness. Cross References. Section 3227 is referred to in sections 3224, 3225 of this title.
51 Pa.C.S. § 1506 — PA Code / Title 51 / Chapter 15 / Section 1506
Donation of property and services by political subdivisions.
Status: in_force

(a) General rule.--Any political subdivision of this Commonwealth is hereby authorized and empowered, either independently or in connection with any other political subdivision of this Commonwealth, to provide and appropriate money or convey land to the Commonwealth of Pennsylvania to assist the board in the erection of armories. Any political subdivision may furnish water, light or fuel, either or all, free of cost to the Commonwealth of Pennsylvania, for use in any armory, and to do all things necessary to accomplish the purpose of this chapter.

(b) Authority of government units.--The board shall have power to receive from any political subdivisions or other sources, donations of land, or contributions of money, to aid in providing or erecting armories throughout this Commonwealth, which shall be held as other property for the use of the Commonwealth of Pennsylvania. The political subdivisions are hereby authorized to make donations or contributions for the purpose of this chapter. (July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 6002 — PA Code / Title 51 / Chapter 60 / Section 6002
Accessory after the fact.
Status: in_force

Any person subject to this part who, knowing that an offense punishable by this part has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct.
51 Pa.C.S. § 5506 — PA Code / Title 51 / Chapter 55 / Section 5506
Appointment of trial counsel and defense counsel.
Status: in_force

(a) General rule.--For each general and special court-martial, the convening authority for the court shall detail trial counsel, defense counsel and such assistants as are appropriate. No person who has acted as investigating officer, military judge, witness or court member in any case shall act subsequently as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor shall any person who has acted for the defense act later in the same case for the prosecution.

(b) Eligibility.--Any person who is detailed trial counsel or defense counsel in the case of a general or a special court-martial shall be a judge advocate as defined in section 5102 (relating to definitions).

(c) Pro hac vice admission.--When a defense counsel is not a member of the bar of the highest court of the State, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the State Judge Advocate setting forth the qualification required under subsection (b). Cross References. Section 5506 is referred to in section 5703 of this title.
51 Pa.C.S. § 3222 — PA Code / Title 51 / Chapter 32 / Section 3222
Military College Educational Assistance Program.
Status: in_force

(a) Establishment.--The Military College Educational Assistance Program is established. The purpose of the program is to provide benefits to eligible members. The program shall begin no later than the 2024-2025 academic year.

(b) Funding.--Money in the Educational Assistance Program Fund shall be used to provide benefits under this subchapter and may not be used for any other purpose or be transferred or diverted to any other purpose by administrative action. (Nov. 3, 2022, P.L.2164, No.160, eff. 60 days) 2022 Amendment. Act 160 renumbered former section 3222 to section 3232 and added present section 3222. Cross References. Section 3222 is referred to in section 3221 of this title.
51 Pa.C.S. § 3215 — PA Code / Title 51 / Chapter 32 / Section 3215
Promissory note.
Status: in_force

Any recipient of a stipend or other incentive payment under this subchapter shall sign, as part of the application for the incentive payment, a promissory note in a form prescribed by the Adjutant General by which the recipient promises to repay all amounts received if the recipient fails to complete the service obligation required by this subchapter or to meet other requirements established by the Adjutant General. Cross References. Section 3215 is referred to in section 3216 of this title.
51 Pa.C.S. § 8702 — PA Code / Title 51 / Chapter 87 / Section 8702
Educational gratuity payments.
Status: in_force

(a) General rule.--The commission shall make educational gratuity payments not exceeding $500 per term or semester per qualified child to each approved educational institution upon submission by that approved educational institution of proof that bills have been incurred or contracted covering matriculation fees and other necessary fees, tuition, board, room rent, books and supplies for a qualified child in a definite amount for the school year.

(b) Records.--The commission shall attach the proof submitted under subsection (a) to the requisition prepared for payment out of appropriations made by the General Assembly for purposes of the educational gratuity payments.

(c) Duration of payments.--Whenever a qualified child is completing an educational or training course and becomes 23 years of age before completing the course, the educational gratuity payment may be paid until the course is completed. No educational gratuity payments may be made for any qualified child for a period longer than four scholastic years, provided, however, that the department may adjust the payments per term or semester per child so that the total payments do not exceed the amount of the appropriation.
51 Pa.C.S. § 703 — PA Code / Title 51 / Chapter 7 / Section 703
Administration, supply and supervision of military forces.
Status: in_force

The department shall be specifically responsible for the administration and supply of the Pennsylvania military forces and shall have general supervisory function of all matters pertaining thereto. The department shall make periodic reports, as required by law or requested by the Governor or the Department of Defense, concerning the condition and state of the readiness of the Pennsylvania military forces.
51 Pa.C.S. § 5906 — PA Code / Title 51 / Chapter 59 / Section 5906
Approval by convening authority.
Status: in_force

In acting on the findings and sentence of a court-martial, the convening authority shall approve only such findings of guilty, and the sentence or such part or amount of the sentence as the convening authority finds correct in law and fact and as he in his discretion determines should be approved. Unless the convening authority indicates otherwise, approval of the sentence shall constitute approval of the findings and sentence. Cross References. Section 5906 is referred to in sections 5912, 5918 of this title.
51 Pa.C.S. § 1512 — PA Code / Title 51 / Chapter 15 / Section 1512
Maintenance, construction and repairs.
Status: in_force

Notwithstanding the provisions of any other law, the board may carry out all maintenance activities with respect to an armory if the cost does not exceed $100,000 and may carry out contracts for repair or construction of armories up to an amount of $100,000. (Dec. 7, 1994, P.L.844, No.119, eff. 60 days; May 15, 1998, P.L.443, No.59, eff. imd.; July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 7702 — PA Code / Title 51 / Chapter 77 / Section 7702
Amputee and paralyzed veteran's pension.
Status: in_force

(a) Amount and eligibility.--In addition to any other assistance provided by the Commonwealth and in addition to any compensation provided by the Federal Government, every amputee and paralyzed veteran shall be paid a pension of $150 per month. Applications for the pensions shall be made to and in the form prescribed by the department. The Adjutant General shall determine the eligibility of every applicant for a pension, and his decision in the matter shall be final.

(b) Regulations.--The Adjutant General shall promulgate such regulations as may be necessary to implement this program.

(c) Definition.--As used in this section the term "amputee and paralyzed veteran" means any person who served in the military or naval forces of the United States, or any woman's organization officially connected therewith, and who gave this Commonwealth as his or her place of residence at the time of entering the military or naval forces of the United States and who, while performing duties connected with such service, suffered an injury or incurred a disease which resulted in the loss or the permanent and severe or complete paralysis of two or more limbs, being defined as having at least two limbs with a 40% disability compensation rating or higher in each limb as determined and certified by the United States Department of Veterans Affairs in accordance with 38 CFR Ch. 1 Pt. 4 (relating to schedule for rating disabilities), or its successor. The term does not include any person separated from the military or naval forces of the United States under other than honorable conditions. (Mar. 19, 1986, P.L.60, No.17; June 22, 1999, P.L.98, No.14, eff. 60 days; Dec. 17, 2001, P.L.925, No.109, eff. July 1, 2002; Oct. 22, 2014, P.L.2889, No.180, eff. imd.)
51 Pa.C.S. § 5103 — PA Code / Title 51 / Chapter 51 / Section 5103
Persons subject to part.
Status: in_force

This part applies to all members of the State military forces who are not in a Federal status under which they are subject to the Uniform Code of Military Justice (64 Stat. 109, 10 U.S.C. § 801 et seq.).
51 Pa.C.S. § 9201 — PA Code / Title 51 / Chapter 92 / Section 9201
Certified copies of documents furnished without charge.
Status: in_force

(a) General rule.--Whenever application shall be made to the proper public officer by or on behalf of any disabled war veteran, or member of the armed forces or their reserve components or the National Guard, of any war or armed conflict in which the United States has been, is now or shall hereafter be engaged, or by or on behalf of any dependent of any such veteran, or member of the armed forces or their reserve components or the National Guard, for a certified copy of any death certificate, birth certificate, marriage certificate or decree of divorce, for use in connection with any claim for death benefits, compensation allowance, family or dependency allotment, it shall be the duty of such public officer to furnish such certified copy free of any charge therefor provided

for by any law of this Commonwealth. No divorce certificate shall be issued under this section unless said divorce action record shows all costs fully paid. As used in this section, the term "public officer" means an authorized official in the Department of Health as to any of the foregoing records in the possession of the Department of Health and the proper county officer as to any other records within this subsection.

(b) Credit for issuing certificate.--Where any county office issues any certificate under this section, said office shall be given an earned credit for the same by proper authorities as if the fee for said certificate had been received from person or persons applying therefor.

(c) Compensation of issuing officer.--In counties where the county officer issuing any certificate under this section is compensated on a fee basis, the fee for issuing such certificate shall be paid by the county, upon the presentation to the county commissioners of proper vouchers by the county officer issuing such certificate.

(d) Certificates relating to release or discharge.--The department, upon request, shall provide one certified, true copy of each soldier's Certificate of Release or Discharge From Active Duty to the Director of Veterans' Affairs of the county where the soldier resided at the time of enlistment or to the soldier or the soldier's representative free of any charge. (Mar. 21, 1996, P.L.39, No.12, eff. 60 days; Apr. 4, 1996, P.L.98, No.22, eff. 60 days) 1996 Amendments. Act 12 added subsec. (d) and Act 22 amended subsec. (a). Section 5 of Act 12 provided that the amendment of section 9201 shall apply to Certificates of Release or Discharge From Active Duty issued on or after the effective date of Act 12.
51 Pa.C.S. § 9101 — PA Code / Title 51 / Chapter 91 / Section 9101
Acknowledgments and administering oaths without charge.
Status: in_force

It shall be the duty of any person authorized to take acknowledgments and administer oaths, to perform such service free of charge for any soldier, surviving spouse or orphan of a soldier, or parents of a soldier, who may apply to them for the purpose of making affidavit to papers for the purpose of obtaining pensions and all other papers connected with and referring to the military service of any ex-service person. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
51 Pa.C.S. § 3216 — PA Code / Title 51 / Chapter 32 / Section 3216
Recoupment of incentive payments.
Status: in_force

(a) General rule.--A recipient of a stipend or other incentive payment under this subchapter who fails to complete his service obligation or to meet other requirements established by the Adjutant General is liable to the Commonwealth for repayment of all incentive payments made. The Adjutant General shall notify the department if the recipient fails to complete the service obligation, and the promissory note under section 3215 (relating to promissory note) shall be called to secure payment in full upon demand on a schedule as the department may determine.

(b) Forgiveness of recoupment.--The Adjutant General may forgive recoupment of all or part of a recipient's stipend or other incentive payment if the Adjutant General determines that his failure to fulfill the service obligation was the result of his death, discharge because of disability incurred in line of duty, discharge because of a medical determination that he is medically unfit for duty when the medical condition is outside his control and is not due to his misconduct, mandatory discharge, release or retirement for age or years of service or discharge, release, transfer or retirement because of other compelling circumstances outside his control.
51 Pa.C.S. § 5905 — PA Code / Title 51 / Chapter 59 / Section 5905
Rehearings.
Status: in_force

(a) General rule.--The convening authority or other authorized party may order a rehearing. A rehearing may be ordered if the convening authority or other authorized party disapproves the findings and sentence and states the reasons for disapproval of the findings. If such party disapproves the findings and sentence but does not order a rehearing, that party shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other authorized party disapproves the sentence.

(b) Procedural requirements.--Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing, the accused may not be tried for any offense of which he was found not guilty by the first court-martial. No sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
51 Pa.C.S. § 5404 — PA Code / Title 51 / Chapter 54 / Section 5404
Jurisdiction of special courts-martial.
Status: in_force

Subject to section 5402 (relating to jurisdiction of courts-martial in general), special courts-martial shall have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any of the following punishments:

(1) A fine of not more than $2,500.

(2) Confinement for not more than one year.

(3) Forfeiture of all pay and allowances for a period not exceeding one year.

(4) A bad-conduct discharge.

(5) Reduction of an enlisted member to any lower enlisted grade.

(6) A reprimand.

(7) Any combination of these punishments.
51 Pa.C.S. § 4105 — PA Code / Title 51 / Chapter 41 / Section 4105
Exemption from civil process.
Status: in_force

No civil process shall issue or be enforced against any officer or enlisted person of the Pennsylvania National Guard in the active service of the Commonwealth during so much of the term as he shall be engaged in active service under orders nor until 30 days after he shall have been relieved therefrom. The operation of all statutes of limitations and presumptions arising from lapse of time shall be suspended upon all claims by or against such officer or enlisted person during the aforesaid period. Cross References. Section 4105 is referred to in section 5343 of Title 30 (Fish); section 7331 of Title 75 (Vehicles).
51 Pa.C.S. § 5903 — PA Code / Title 51 / Chapter 59 / Section 5903
Action on general court-martial records.
Status: in_force

The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal officer who shall submit his written opinion thereon to the convening authority. If there is no qualified staff judge advocate or legal officer available, the State Judge Advocate shall assign a judge advocate officer for such purpose. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction. Cross References. Section 5903 is referred to in sections 5808, 5908 of this title.
51 Pa.C.S. § 5205 — PA Code / Title 51 / Chapter 52 / Section 5205
Place of confinement.
Status: in_force

Persons subject to this part confined before, during or after trial by a military court shall be confined in a civilian or military confinement facility. Cross References. Section 5205 is referred to in section 5206 of this title.
51 Pa.C.S. § 1721 — PA Code / Title 51 / Chapter 17 / Section 1721
Veterans' Trust Fund.
Status: in_force

(a) Source of revenue.--In addition to transfers under section 1719-G of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, the Veterans' Trust Fund shall include funds from the following sources:

(1) Proceeds paid by the Department of Transportation under 75 Pa.C.S. § 1320 (relating to contributions to Veterans' Trust Fund).

(2) Amounts payable to the fund under 75 Pa.C.S. §§ 1361 (relating to special motorcycle plates related to veterans) and 1364(b) (relating to special plates for veterans).

(2.1) Fines collected and payable to the fund under 18 Pa.C.S. § 6701 (relating to wearing of uniforms and insignia and misrepresentation of military service or honors).

(3) Grants, gifts, donations and other payments from a person or government entity.

(4) Money appropriated to the fund.

(b) Appropriation.--Money in the fund is appropriated on a continuing basis to the department for purposes set forth in subsection (c).

(c) Authorized purposes.--The department may expend money from the Veterans' Trust Fund for the following purposes:

(1) Grants for programs or projects to support Pennsylvania veterans and their families to:

(i) (Deleted by amendment);

(ii) veterans' service organizations; and

(iii) other charitable organizations with a primary mission to serve Pennsylvania veterans.

(2) Grants or funding for new, innovative and expanded activities or programs operated by a county director of veterans affairs or the State Association of County Directors of Veterans Affairs.

(3) (Deleted by amendment).

(4) Assistance to Pennsylvania veterans in need of shelter or other necessities of living to the extent that other funds or resources are not available under Chapter 85 (relating to veterans' temporary assistance).

(5) (Deleted by amendment).

(6) Payments to the Motor License Fund for actual costs incurred by the Department of Transportation to implement 75 Pa.C.S. §§ 1320 (relating to contributions to Veterans' Trust Fund) and 1510 (relating to issuance and content of driver's license).

(7) Department-sponsored training and informational programs for Pennsylvania veterans. No more than 10% of the balance in the fund as of October 1 of the previous year may be used for this purpose.

(d) Contributions.--The department may solicit and accept gifts, donations, legacies and other money for deposit into the fund from a person, a foundation, a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), an estate, a veterans' service organization or a government entity on behalf of the Commonwealth.

(e) Operation.--The department shall adopt a statement of policy for the maintenance and use of the fund within 60 days of the effective date of this section. The policy shall be published as a notice in the Pennsylvania Bulletin, but shall not be subject to review under section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act or the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(f) Report.--By July 31, 2013, and every year thereafter, the department shall submit to the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives a report detailing the Veterans' Trust Fund revenues and expenditures in the prior fiscal year and describing the activities, programs and projects which received funds. (July 8, 2015, P.L.120, No.18, eff. 60 days; Oct. 4, 2016, P.L.882, No.109, eff. imd.; June 28, 2018, P.L.432, No.64, eff. 60 days; July 2, 2019, P.L.393, No.62, eff. 60 days) 2019 Amendment. Act 62 added subsec. (a)(2.1). 2018 Amendment. Act 64 deleted subsec. (c)(5).

Amendment. Act 109 amended subsecs. (c) and (d). 2015 Amendment. Act 18 amended subsec. (a). Cross References. Section 1721 is referred to in section 6701 of Title 18 (Crimes and Offenses); section 1320 of Title 75 (Vehicles).
51 Pa.C.S. § 5806 — PA Code / Title 51 / Chapter 58 / Section 5806
Deferment of sentences.
Status: in_force

(a) Deferment upon application of accused.--On application by an accused, the convening authority or the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in that person's sole discretion, defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

(b) Deferment without consent of accused.--The convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the State military forces by a state, the United States or a foreign country. This subsection applies to a person subject to this part who:

(1) while in the custody of a state, the United States or a foreign country, is temporarily returned by that state, the United States or foreign country to the State military forces for trial by court-martial; and

(2) after the court-martial, is returned to that state, the United States or foreign country under the authority of a mutual agreement or treaty.

(c) Deferment while review of case is pending.--When a sentence to confinement has been ordered executed but review of the case is pending under section 5909 (relating to review by a board of review), the Adjutant General may defer further service of the sentence to confinement while the review is pending.
51 Pa.C.S. § 5801 — PA Code / Title 51 / Chapter 58 / Section 5801
Cruel and unusual punishments prohibited.
Status: in_force

Punishment by flogging or by branding, marking or tattooing on the body or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this part. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
51 Pa.C.S. § 6010 — PA Code / Title 51 / Chapter 60 / Section 6010
Absence without leave.
Status: in_force

(a) Offense defined.--Any person subject to this part who, without authority:

(1) fails to go to his appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit, organization or place of duty at which he is required to be at the time prescribed; is absent without leave and shall be punished as a court-martial may direct for a military offense or may be charged with a summary offense.

(b) Military offense.--Absence without leave is a military offense subject to punishment as a court-martial may direct or by nonjudicial punishment under this part.

(c) Summary offense.--Absence without leave as defined in subsection (a) is a summary offense.

(d) Fines.--A person convicted of the summary offense of absence without leave shall be sentenced to pay a fine of not less than $100 nor more than $300 for the first offense and a fine of not less than $300 nor more than $1,000 for a second or subsequent offense.

(e) Costs.--Any person convicted of the summary offense of absence without leave shall, in addition to the fine imposed, be sentenced to pay costs as provided or prescribed by or pursuant to 42 Pa.C.S. Ch. 17 (relating to governance of the system).

(f) Institution of proceedings.--A person subject to this part authorized by the Adjutant General or his designee may institute summary proceedings for violation of this section by filing a complaint with an issuing authority as provided in the Pennsylvania Rules of Criminal Procedure. The alleged offense shall be deemed to have occurred in the magisterial district where the unit to which the member is assigned is located.

(g) Withdrawal of complaint.--The person instituting summary proceedings for a violation of this section or his or her superior commissioned officer may withdraw the complaint if the accused executes a military service participation agreement and pays all costs as described in subsection (e).

(h) Military counsel.--Military counsel shall not be assigned to represent the Commonwealth or the accused in summary proceedings brought under this section.

(i) Prima facie evidence.--An extract from official military records showing that the accused person was absent without leave as defined in subsection (a) shall constitute prima facie evidence of a violation of this section.

(j) Limitations on proceedings.--No action may be commenced for a violation of this section more than 12 months after the last date on which the person is alleged to have been absent without leave. No court-martial or nonjudicial punishment proceedings for absence without leave under this part may be instituted against a person who has been charged with the summary offense of absence without leave for the same time period. No summary offense proceedings for absence without leave under this section may be instituted against a person who has been the subject of court-martial or nonjudicial punishment for absence without leave under this part for the same time period.
51 Pa.C.S. § 8501 — PA Code / Title 51 / Chapter 85 / Section 8501
Definitions.
Status: in_force

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 under section 1702 (relating to State Veterans' Commission).

"Eligible veteran." A person who served in the armed forces of the United States, including a reserve component or the National Guard, or a women's organization officially connected therewith, who:

(1) was discharged or released from service under conditions other than dishonorable after a period of active duty, other than active duty for training, as evidenced by a DD-Form 214, NGB-22 or other official documentation;

(2) died in service or was killed in action; or

(3) suffered a service-connected disability as certified by the United States Department of Veterans Affairs.

"Emergency." A sudden or unexpected loss of income due to sickness, disability, unemployment or other cause beyond the control of the applicant for emergency assistance.

"Necessities of living." Water, food, shelter, clothing, health care, personal vehicle, essential furnishings, utilities, transportation, communication and laundry services to the extent not provided by other government programs.

"Need for temporary assistance." Financial circumstances resulting in insufficient funds to pay for necessities of living for a veteran and family members of the veteran or surviving dependents when any of the following occur:

(1) The veteran or surviving dependents are temporarily unable to obtain or maintain the necessities of living without undue hardship.

(2) The need is caused by a loss of income, assets or support due to sickness, disability, unemployment, natural or manmade disaster or other cause beyond the control of, and not as a result of misconduct by, the applicant.

(3) The need is caused by an increase in costs of obtaining or maintaining necessities of living beyond the control of, and not as a result of misconduct by, the applicant.

"Program." The Veterans' Temporary Assistance Program under this chapter.

"Surviving dependents." The following are considered surviving dependents of a deceased eligible veteran:

(1) The unmarried surviving spouse of the deceased eligible veteran.

(2) If there is no unmarried spouse of a deceased eligible veteran, the unmarried minor children, children who, before attaining the age of 18, became permanently incapable of self-support, and children who are less than 23 years of age and are pursuing a full-time course of instruction at an approved educational institution, provided they were, on the death of the eligible veteran, dependent on the eligible veteran for more than 50% of the cost of their support.

(3) If the eligible veteran is not survived by a spouse or dependent children, the surviving parents of the eligible veteran, provided that, on the date of the eligible veteran's death, they were dependent on the veteran for more than 50% of the cost of their support. (Oct. 4, 2016, P.L.882, No.109, eff. imd.)
51 Pa.C.S. § 7309 — PA Code / Title 51 / Chapter 73 / Section 7309
Employment discrimination for military membership or duty.
Status: in_force

(a) General rule.--It is unlawful for the Commonwealth or any of its departments, boards, commissions, agencies or any political subdivision, or for any private employer, to refuse to hire or employ any individual not on extended active duty because of his membership in the National Guard or any one of the other reserve components of the armed forces of the United States, or because he is called or ordered to active State duty or special State duty by the Governor during an emergency or as otherwise authorized by law, or because he is called or ordered to active duty by the Federal Government under

provisions of 10 U.S.C. (relating to armed forces) or 32 U.S.C. (relating to National Guard), or to discharge from employment such individual, or to otherwise discriminate against such individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment because of such membership, or because he is called or ordered to active State duty by the Governor during an emergency or because he is called or ordered to other military duty authorized by law.

(b) Reemployment following emergency or other military duty.--Upon the completion of such emergency or other military duty any such member of the Pennsylvania National Guard or any other reserve component of the armed forces of the United States shall be restored by such public or private employer or his successor in interest to such position or to a position of like seniority, status and pay which such member held prior to such emergency or other military duty, but if any such member is not qualified to perform the duties of such position by reason of disability sustained during such emergency or other military duty but qualified to perform the duties of any other position in the employ of such private employer or his successor in interest, such member shall be restored to such other position, the duties of which he is qualified to perform, as will provide him like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances of the case, unless such public or private employer's or his successor in interests, circumstances have so changed as to make it impossible or unreasonable to do so.

(c) Extension of benefits during military duty.--Whenever a member of the Pennsylvania National Guard is called or ordered into active Federal service or active State duty under orders authorized by law or a member of any reserve component is called or ordered onto active duty, other than active duty for training, the public or private employer of the member shall, at no cost to the member, continue health insurance and other benefits in effect for at least the first 30 days of the military duty. After the expiration of the first 30 days, the public or private employer shall give the member of the National Guard or other reserve component the voluntary option of continuing such health insurance and other benefits in effect at his own expense by paying for the insurance or benefits at the same rates paid by the employer, and the insurance coverage shall continue, except for injuries incurred in the line of military duty.

(d) Termination of certain health insurance benefits.--

(1) As used in this subsection, the term "eligible member" applies to full-time students who are eligible for health insurance coverage or ancillary service plans under their parents' health insurance policies when the students are:

(i) members of the Pennsylvania National Guard or any reserve component of the armed forces of the United States who are called or ordered to active duty, other than active duty for training, for a period of 30 or more consecutive days; or

(ii) members of the Pennsylvania National Guard ordered to active State duty, including duty under 35 Pa.C.S. Ch. 76 (relating to Emergency Management Assistance Compact), for a period of 30 or more consecutive days.

(2) As used in this subsection, the term "full-time student" shall have the same meaning set forth in Chapter 32 (relating to Educational Assistance Program).

(3) The eligibility for health insurance coverage or ancillary service plans under a parent's health insurance policy for eligible members as defined in paragraph (1) shall be extended for a period equal to the duration of the eligible member's service on active duty or active State duty or until the eligible member is no longer a full-time student. The eligibility of an eligible member who is a full-time student for health insurance coverage or ancillary service plans under a parent's policy shall not terminate because of the age of the eligible member when the member's educational program was interrupted because of military duty.

(4) In order to qualify for this extension, the eligible member must:

(i) Submit a form approved by the Department of Military and Veterans Affairs notifying the insurer that the eligible member has been placed on active duty.

(ii) Submit a form approved by the Department of Military and Veterans Affairs notifying the insurer that the eligible member is no longer on active duty.

(iii) Submit a form approved by the Department of Military and Veterans Affairs showing that the student has reenrolled as a full-time student for the first term or semester starting 60 or more days after his or her release from active duty.

(5) The provisions of this subsection shall not apply to a health insurance policy or ancillary service plan that has been terminated.

(d.1) Applicability to out-of-State members.--This section shall also apply to an individual who is a member of a National Guard or reserve component from another state.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Ancillary service plans." Any individual or group health insurance plan, subscriber contract or certificate that provides exclusive coverage for dental services or vision services.

"Health insurance policy." An individual or group health, sickness or accident policy or subscriber contract or certificate issued by an entity subject to any one of the following:

(1) The act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.

(2) The act of December 29, 1972 (P.L.1701, No.364), known as the Health Maintenance Organization Act.

(3) The act of May 18, 1976 (P.L.123, No.54), known as the Individual Accident and Sickness Insurance Minimum Standards Act.

(4) 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations) or 63 (relating to professional health services plan corporations). (Dec. 17, 1990, P.L.700, No.174, eff. imd.; Dec. 22, 2005, P.L.443, No.83, eff. 60 days; Sept. 25, 2008, P.L.1068, No.85, eff. imd.; June 30, 2021, P.L.178, No.31, eff. 60 days) 2021 Amendment. Act 31 added subsec. (d.1). 2008 Amendment. Act 85 amended subsecs. (d) and (e).
51 Pa.C.S. § 9608 — PA Code / Title 51 / Chapter 96 / Section 9608
Compliance with Federal requirements.
Status: in_force

If a procurement involves the expenditure of Federal assistance or contract funds, the purchasing agency shall comply with Federal law and authorized regulations that are mandatorily applicable and that are not presently reflected in 62 Pa.C.S. Pt. I (relating to Commonwealth Procurement Code).
51 Pa.C.S. § 5710 — PA Code / Title 51 / Chapter 57 / Section 5710
Pleas of the accused.
Status: in_force

(a) Inadequacy or lack of pleading.--A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if, after arraignment before a court martial:

(1) an accused makes an irregular pleading;

(2) after a plea of guilty an accused sets up matter inconsistent with the plea;

(3) it appears that an accused has entered a plea of guilty improvidently or through lack of understanding or its meaning and effect; or

(4) an accused fails or refuses to plead.

(b) Plea of guilty.--With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to

announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty. Cross References. Section 5710 is referred to in section 5717 of this title.
51 Pa.C.S. § 5913 — PA Code / Title 51 / Chapter 59 / Section 5913
Vacation of suspension.
Status: in_force

(a) Bad-conduct discharges and general court-martial sentences.--Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.

(b) Action by court-martial.--The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be forwarded for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed subject to applicable restrictions in this part.

(c) Other sentences.--The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
51 Pa.C.S. § 5206 — PA Code / Title 51 / Chapter 52 / Section 5206
Reports and receiving of prisoners.
Status: in_force

(a) Duty to receive prisoner.--Unless otherwise authorized by law, no facility authorized to receive prisoners under section 5205 (relating to place of confinement) may refuse to receive or keep any prisoner subject to this part and committed to the facility's charge by a commissioned officer of the State

military forces when the officer furnishes a statement, signed by the officer, of the offense charged against the prisoner.

(b) Report of commitment.--Every facility authorized to receive prisoners under section 5205 to whose charge a prisoner subject to this part is committed shall, within 24 hours after that commitment, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner and the name of the person who ordered or authorized the commitment. If the facility receiving and holding a prisoner is unable to contact the prisoner's commanding officer, the facility shall make the report to the office of Adjutant General at the Joint Force Headquarters.
51 Pa.C.S. § 1106 — PA Code / Title 51 / Chapter 11 / Section 1106
Disbandment of units.
Status: in_force

If it appears to the Governor as Commander-in-Chief that a unit of the Pennsylvania National Guard cannot discharge the duties required of it, such unit may be disbanded by the Governor, if in his judgment the interests of the service justify it, subject to the restrictions of the National Defense Act.
51 Pa.C.S. § 8505 — PA Code / Title 51 / Chapter 85 / Section 8505
Appeals.
Status: in_force

Any person aggrieved by a decision denying payment of veterans' temporary assistance may appeal to the Adjutant General under provisions of 1 Pa. Code § 35.20 (relating to appeals from actions of the staff). (Oct. 4, 2016, P.L.882, No.109, eff. imd.)
51 Pa.C.S. § 3205 — PA Code / Title 51 / Chapter 32 / Section 3205
Amount of grants.
Status: in_force

(a) Full-time educational assistance grants.--Grants awarded under this subchapter to full-time students shall be determined by the agency without regard to financial need and shall not exceed for each academic year the lesser of:

(1) the tuition rate of the approved institution of higher learning for the number of credit hours per semester or its equivalent for the approved program of education in which the eligible member is enrolled; or

(2) the annual tuition rate charged by a State System of Higher Education institution for the academic year.

(b) Part-time student assistance grants.--Grants awarded under this subchapter to part-time students who may or may not possess a baccalaureate degree shall be determined by the agency without regard to financial need and shall not exceed for each academic year or period the lesser of:

(1) the tuition charged by the approved institution of higher learning for the number of credit hours per semester or its equivalent in which the eligible member is enrolled; or

(2) the annual tuition rate charged by a State System of Higher Education institution for the number of credit hours per semester or its equivalent in which the eligible member is enrolled for the same academic year or period.

(b.1) Part-time student assistance grants for stduents possessing baccalaureate degrees.--(Deleted by amendment).

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(c) Other grants and financial aid.--

(1) The agency shall not reduce the amount of other agency grants or aid for which the eligible member qualifies on account of the eligible member's eligibility for or receipt of grants under this subchapter.

(2) Prior to making a grant under this subchapter, the approved institution of higher learning shall first consider any Federal tuition assistance received by the eligible member and then shall award a grant under this subchapter if the eligible member requires additional financial aid to cover the costs of attendance for an approved program of higher education. A grant under this subchapter shall be paid or refunded to the eligible member for approved costs of attendance. Grants authorized under this subchapter shall be reduced so that the total of all Federal and State military education benefits, as administered by the Pennsylvania National Guard, do not exceed 100% of the costs of attendance.

(d) Adjustments.--If the agency and the Adjutant General determine that the amount appropriated for the program in any year will be insufficient to provide grants in the amounts set forth in this section to all eligible members, the agency and the department may reduce the maximum amount of the grants proportionately or set a limit on the number of participants to ensure that sums expended do not exceed appropriations.

(e) Limit on charges.--Eligible members attending a State System of Higher Education institution shall not be charged additional tuition above the annual tuition rate. (May 10, 2000, P.L.36, No.11, eff. July 1, 2000; July 7, 2006, P.L.598, No.87, eff. 60 days; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; June 26, 2014, P.L.807, No.82, eff. 60 days; July 1, 2019, P.L.233, No.32, eff. imd.) 2019 Amendment. Act 32 amended subsecs. (a), (b) and (c), added subsec. (e) and deleted subsec. (b.1).
51 Pa.C.S. § 5201 — PA Code / Title 51 / Chapter 52 / Section 5201
Apprehension.
Status: in_force

(a) Persons authorized to apprehend.--Any person authorized by this part, by 10 U.S.C. Ch. 47 (relating to Uniform Code of Military Justice) or by regulations issued under:

(1) any marshal of a court-martial appointed under the provisions of this part; or

(2) any peace officer or civil officer authorized by law, may apprehend persons subject to this part upon probable cause that an offense under this part has been committed and that the person apprehended committed it.

(b) Authority of officers.--Commissioned officers, warrant officers, petty officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this part and to apprehend persons subject to this part who take part therein.

(c) Apprehension outside Commonwealth.--If a person subject to this part is apprehended outside this Commonwealth, the person's return to this Commonwealth must be in accordance with normal extradition procedures or by reciprocal agreement.

(d) Payment prohibited.--No person authorized by this section to apprehend persons subject to this part, or place where such offender is confined, restrained, held or otherwise housed may require payment of any fee or charge for receiving, apprehending, confining, restraining, holding or otherwise housing a person except as otherwise provided by law.

(e) Warrant authority.--The convening authority of any court-martial shall have the power to issue warrants of apprehension directed to the sheriff or any constable or peace officer of a county to apprehend persons subject to this part charged with an offense under this part and to deliver such persons into the custody of the State military forces.

(f) Definition.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Apprehension." The taking of a person subject to this part into custody.
51 Pa.C.S. § 4602 — PA Code / Title 51 / Chapter 46 / Section 4602
Definitions.
Status: in_force

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:

"Adult." An individual who has attained 18 years of age or an emancipated minor.

"Caretaking authority." The right to live with and care for a child on a day-to-day basis. The term includes physical custody, partial physical custody, primary physical custody, parenting time and right to access and visitation.

"Child." An:

(1) unemancipated individual who has not attained 18 years of age; or

(2) adult son or daughter by birth or adoption, or under law of this Commonwealth other than this chapter, who is the subject of a court order concerning custodial responsibility.

"Close and substantial relationship." A relationship in which a significant bond exists between a child and:

(1) the spouse of a deploying parent of the child or an individual who, by blood, marriage or adoption, is the child's sibling, aunt, uncle, cousin or grandparent; or

(2) if no one under paragraph (1) exists, either of the following:

(i) an adult who had primary care or physical custody of the child for 60 or more continuous days during the immediately preceding 12 months; or

(ii) an adult who had primary care or physical custody of the child for at least 730 days during the immediately preceding five years.

"Court." A tribunal authorized under law of this Commonwealth other than this chapter to make, enforce or modify a decision regarding custodial responsibility.

"Custodial responsibility." The term includes:

(1) Powers and duties relating to caretaking authority and legal custody for a child.

(2) Physical custody, legal custody, parenting time, right to access and authority to grant limited contact with a child.

"Deploying parent." A parent who:

(1) is a service member; and

(2) is deployed or has been notified of impending deployment.

"Deployment." As follows:

(1) The movement or mobilization of a service member, other than for training, to a location for at least 30 consecutive days under official orders which:

(i) are designated as unaccompanied;

(ii) do not authorize dependent travel; or

(iii) otherwise do not permit the movement of family members to the service member's location.

(2) The term "deployed" has a corresponding meaning.

"Family member." An individual included in the definition of "family members" in 23 Pa.C.S. § 6303 (relating to definitions).

"Legal custody." As defined in 23 Pa.C.S. § 5322 (relating to definitions).

"Limited contact." The authority of a nonparent to visit a child for a limited time. The term includes partial custody and authority to take the child to a place other than the residence of the child.

"Parent." An individual:

(1) who is a parent of a child under law of this Commonwealth other than this chapter; or

(2) who:

(i) has custodial responsibility for a child under 23 Pa.C.S. § 5323 (relating to award of custody) or former 23 Pa.C.S. Ch. 53 Subch. A (relating to general provisions); and

(ii) is not an individual described in paragraph

(1).

"Partial physical custody." As defined in 23 Pa.C.S. § 5322.

"Physical custody." As defined in 23 Pa.C.S. § 5322.

"Primary physical custody." As defined in 23 Pa.C.S. § 5322.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Return from deployment." The conclusion of a service member's deployment as specified in official orders.

"Service member." An individual who meets all of the following:

(1) Is a member of:

(i) the active or reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States;

(ii) the United States merchant marine, the Commissioned Corps of the Public Health Service of the Department of Health and Human Services or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States; or

(iii) the National Guard or Pennsylvania National Guard.

(2) Is deployed.

"Sign." With present intent to authenticate or adopt a record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record an electronic symbol, sound or process.

"State." A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
51 Pa.C.S. § 507 — PA Code / Title 51 / Chapter 5 / Section 507
Draft from militia for emergency.
Status: in_force

The Governor shall have the power to order out for actual service with the Pennsylvania Guard by draft as many persons from the militia as necessity demands during a war or other emergency. The Governor is hereby authorized to form, adopt and prescribe such rules and regulations, and appoint such officers and civilian boards and fix their compensation, for the purpose of drafting the militia, when such process may be required, as deemed best and most expedient. Any such rules or regulations shall not conflict with any Federal Selective Service Act or National Draft Act in effect at the time. Cross References. Section 507 is referred to in section 5102 of this title.
51 Pa.C.S. § 4605 — PA Code / Title 51 / Chapter 46 / Section 4605
Notices.
Status: in_force

(a) Pending deployment.--Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall provide the other parent with notice in a record of a pending deployment:

(1) not later than 72 hours after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service; or

(2) if the circumstances of service prevent giving notice within the time period specified in paragraph (1), as soon as reasonably possible.

(b) Plan.--Except as otherwise provided in subsection (e) and subject to subsection (d), each parent shall provide the other parent, in a record, with a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan not later than 120 hours after notice of deployment is given under subsection (a).

(c) Change of residence or mailing address.--Except as otherwise provided in subsection (d), the following apply:

(1) An individual to whom custodial responsibility has been granted during deployment under Subchapter B (relating to agreement addressing custodial responsibility during deployment) or C (relating to judicial procedure for granting custodial responsibility during deployment) and who proposes to change the residence of the child who is the subject of the agreement or proceeding shall comply with the provisions of 23 Pa.C.S. § 5337 (relating to relocation).

(2) An individual to whom custodial responsibility has been granted during deployment under Subchapter B or C shall notify, in a record, the deploying parent and any other individual with custodial responsibility of a child of a change of the individual's mailing address. The obligation under this paragraph continues until the grant is terminated.

(3) The individual shall provide each notice under paragraph (1) or (2) to a court that has issued an order regarding custodial responsibility or child support which is in effect concerning the child.

(d) Court order on disclosure.--

(1) If a court order currently in effect prohibits disclosure of the residence, mailing address or contact information of the other parent or the other individual to whom custodial responsibility has been granted, the notice and documents required under subsections (a) and (b) shall be provided only to the counsel of record for the other parent and to the issuing court. If the mailing address of the other parent or other individual is available to the issuing court, the court shall forward the notice and document to the other parent or other individual.

(2) If a court order currently in effect prohibits disclosure of the residence, mailing address or contact information of an individual to whom custodial responsibility has been granted, the notice required under subsection (c) shall be provided only to the counsel of record of the individual and to the issuing court.

(3) The court shall keep confidential the residence, mailing address or contact information of any individual subject to an order prohibiting disclosure.

(e) Exception.--Notice under subsection (a) and the plan under subsection (b) are not required if the parents are living

in the same residence and both parents have actual notice of the deployment and plan.

(f) Proceeding on custodial responsibility.--In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.
51 Pa.C.S. § 3202 — PA Code / Title 51 / Chapter 32 / Section 3202
Eligibility.
Status: in_force

(a) General rule.--A member of the Pennsylvania National Guard is eligible to receive an educational assistance grant under this subchapter if the member meets all of the following eligibility criteria:

(1) (Deleted by amendment).

(2) Except as otherwise provided in subsection (d) and section 3206(b) (relating to limitations), the member is a member in good standing and has been a satisfactory participant in Pennsylvania National Guard activities for a minimum service period established by the Adjutant General.

(3) The member has enrolled as a student in an approved program of education at an approved institution of higher learning.

(b) Additional eligibility criteria for full-time educational assistance grants.--In addition to the eligibility criteria specified in subsection (a), an eligible member must meet the following eligibility criteria to qualify for a full-time educational assistance grant:

(1) (Deleted by amendment).

(2) The member accepts an obligation to serve in the Pennsylvania National Guard for a period of six years and has not accepted an obligation under Subch. A.1 (relating to Military Family Education Program) for the same six-year period.

(3) The member has enrolled as a full-time student in an approved program of education at an approved institution of higher learning.

(4) The member is not receiving a Reserve Officer Training Corps (ROTC) Scholarship, excluding a Guaranteed Reserve Forces Duty Scholarship.

(c) Discharge for disability incurred in the line of duty.--(Deleted by amendment).

(c.1) Successive certificate.--Upon completion of a six-year obligation for which an eligible member received an educational assistance grant certificate of eligibility, an eligible member may receive successive educational assistance grant certificates of eligibility for a successive six-year commitment.

(d) Retention of benefit.--A member who receives an other than dishonorable discharge before completing their six-year service obligation shall remain eligible for the earned proportional share of an educational assistance grant under this subchapter if the member meets all eligibility requirements outlined in subsections (a) and (b), except for continued membership in the Pennsylvania National Guard. The former member

must begin a course of study within two years of their discharge, with the program scheduled to be completed no later than six years after the date of discharge, and must also meet one of the following additional eligibility conditions:

(1) the member was discharged because of a medical determination that was not the result of the eligible member's misconduct;

(2) the member was discharged at the convenience of the department or the Pennsylvania National Guard; or

(3) the existence of other compelling circumstances determined by the Adjutant General that warrant retention of the proportional or full benefit or additional time to complete a course of study. (May 10, 2000, P.L.36, No.11, eff. July 1, 2000; May 11, 2006, P.L.175, No.44, eff. imd.; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.; July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Section 5 of Act 32 provided that the Department of Military and Veterans Affairs shall issue a policy statement addressing the implementation of the addition of subsec. (d). Cross References. Section 3202 is referred to in sections 3201, 3203, 3206 of this title.
51 Pa.C.S. § 6011 — PA Code / Title 51 / Chapter 60 / Section 6011
Missing movement.
Status: in_force

Any person subject to this part who through neglect or design misses the movement of a ship, aircraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
51 Pa.C.S. § 301 — PA Code / Title 51 / Chapter 3 / Section 301
Formation.
Status: in_force

(a) Pennsylvania militia.--The militia of this Commonwealth shall consist of:

(1) all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, residing within this Commonwealth, who are at least 17 years six months of age and, except as hereinafter provided, not more than 55 years of age; and

(2) such other persons as may, upon their own application, be enlisted or commissioned therein.

(b) Pennsylvania naval militia.--The naval militia of this Commonwealth, when organized pursuant to rules and regulations promulgated by the Governor, shall consist of those persons as may, upon their own application, be enlisted or commissioned therein.
51 Pa.C.S. § 9604 — PA Code / Title 51 / Chapter 96 / Section 9604
Duties of Department of General Services.
Status: in_force

The Department of General Services, with the assistance of the department, shall have the following duties:

(1) If feasible, provide appropriate staff, who shall be responsible to the Department of General Services and who shall serve within designated Commonwealth agencies to assist veteran-owned small businesses and service-disabled veteran-owned small businesses in this Commonwealth in learning how to do business with Commonwealth agencies.

(2) Give special publicity to procurement procedures and issue special publications designed to assist veteran-owned small businesses and service-disabled veteran-owned small businesses in learning how to do business with Commonwealth agencies.

(3) Compile, maintain and make available source lists of veteran-owned small businesses and service-disabled veteran-owned small businesses for the purpose of encouraging procurement from veteran-owned small businesses.

(4) Include veteran-owned small businesses and service-disabled veteran-owned small businesses on solicitation mailing lists.

(5) Assure that veteran-owned small businesses and service-disabled veteran-owned small businesses are solicited on procurements for which the businesses may be suited.

(6) Develop special training programs to assist veteran-owned small businesses and service-disabled veteran-owned small businesses in learning how to do business with Commonwealth agencies.

(7) Assure that participation by veteran-owned small businesses and service-disabled veteran-owned small businesses is, if appropriate, factored into the evaluation of proposals for supplies, services or construction when a purchasing agency uses the competitive sealed proposals method under 62 Pa.C.S. § 513 (relating to competitive sealed proposals).

(8) Verify the current certification of businesses claiming to be certified as veteran-owned small businesses and service-disabled veteran-owned small businesses.
51 Pa.C.S. § 7108 — PA Code / Title 51 / Chapter 71 / Section 7108
Preference of spouses.
Status: in_force

The same preference given to veterans under the provisions of this chapter shall be extended to the surviving spouse or spouse of a disabled veteran. (Oct. 4, 1978, P.L.909, No.173, eff. 60 days; Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)

Cross References. Section 7108 is referred to in sections 2202, 3006 of Title 71 (State Government).
51 Pa.C.S. § 3705 — PA Code / Title 51 / Chapter 37 / Section 3705
Furnishing United States flag for deceased members.
Status: in_force

(a) General rule.--The department shall furnish a United States flag to drape the casket of each deceased member who at the time of death was:

(1) An active member of the Pennsylvania National Guard or the Pennsylvania Guard.

(2) A retired member of the Pennsylvania National Guard or the Pennsylvania Guard.

(3) Discharged from the Pennsylvania National Guard or the Pennsylvania Guard for a disability incurred or aggravated in the line of duty.

(b) Exception.--Any member eligible for a burial flag under the provisions of 38 United States Code § 901 (relating to flags) is not authorized to receive the United States flag under the provisions of this section.

(c) Appropriation for cost.--The necessary appropriations to pay for any flags issued under this section shall, at each regular session of the General Assembly, be included in the items pertaining to the department, in the act of Assembly providing for the ordinary expenses of the Executive, Judicial and Legislative Departments of the Commonwealth. (Sept. 28, 1978, P.L.802, No.155, eff. 60 days) 1978 Amendment. Act 155 added section 3705. SUBPART D RIGHTS AND IMMUNITIES Chapter 41. Rights and Immunities
51 Pa.C.S. § 9601 — PA Code / Title 51 / Chapter 96 / Section 9601
Definitions.
Status: in_force

Subject to section 9602 (relating to regulations), 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:

"Commonwealth agency." As defined in 62 Pa.C.S. § 103 (relating to definitions).

"Executive agency." As defined in 62 Pa.C.S. § 103 (relating to definitions).

"Purchasing agency." As defined in 62 Pa.C.S. § 103 (relating to definitions).

"Service-disabled." Being in possession of:

(1) a disability rating letter issued by the United States Department of Veterans Affairs; or

(2) a disability determination from the United States Department of Defense.

"Service-disabled veteran-owned small business." A small business owned and controlled by:

(1) a service-disabled veteran or veterans; or

(2) if approved by the Department of General Services, a surviving spouse or permanent caregiver of a service-disabled veteran.

"Small business." As defined in 62 Pa.C.S. § 2102 (relating to definitions).

"State-affiliated entity." As defined in 62 Pa.C.S. § 103 (relating to definitions).

"Veteran." An individual who served in the United States Armed Forces, including a reserve component or the National Guard, and who was discharged or released from service under conditions other than dishonorable.

"Veteran-owned small business." A small business owned and controlled by a veteran or veterans. (Nov. 3, 2016, P.L.1053, No.135, eff. 60 days) 2016 Amendment. See section 7 of Act 135 in the appendix to this title for special provisions relating to status of certain businesses. Cross References. Section 9601 is referred to in section 9602 of this title; section 2201 of Title 62 (Procurement); section 3101 of Title 72 (Taxation and Fiscal Affairs); section 303 of Title 74 (Transportation).
51 Pa.C.S. § 5504 — PA Code / Title 51 / Chapter 55 / Section 5504
Who may serve on courts-martial.
Status: in_force

(a) Commissioned officer.--Any commissioned officer of the State military forces who is not a member of the same unit as the accused is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.

(b) Warrant officer.--Any warrant officer of the State military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

(c) Enlisted member.--Any enlisted member of the State military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial. The member shall serve as a member of a court only if, prior to the conclusion of a session called by the military judge under section 5704 (relating to sessions), or prior to trial, or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial, the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.

(d) Ineligible persons.--

(1) Except in exigent circumstances, no person subject to this part may be tried by a court-martial any member of which is junior to him in rank or grade.

(2) When convening a court-martial, the convening authority shall detail as members thereof such members of the State military forces as, in his opinion, are best qualified for the duty by reason of age, education, training,

experience, length of service and judicial temperament. No member of the State military forces is eligible to serve as a member of a general or special court-martial when that member is the accuser or a witness or has acted as investigating officer or as counsel in the same case.

(e) Excuse.--Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to any other principal assistant.

(f) Definition.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Unit." Any regularly organized body of the State military forces not larger than a company or a squadron or a body corresponding to one of them.
51 Pa.C.S. § 6036 — PA Code / Title 51 / Chapter 60 / Section 6036
Dueling.
Status: in_force

Any person subject to this part who fights, promotes, is concerned in or connives at fighting a duel or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority shall be punished as a court-martial may direct.
51 Pa.C.S. § 9403 — PA Code / Title 51 / Chapter 94 / Section 9403
Signatures of Federal officers presumed authorized.
Status: in_force

For the purposes of section 9401 (relating to Federal findings of death or other status as evidence) and section 9402 (relating to Federal reports of persons missing in action or interned as evidence), any finding, report, or record, or duly certified copy thereof purporting to have been signed by such an officer, or employee of the United States, as is described in sections 9401 and 9402, shall prima facie be deemed to have been signed and issued by such an officer, or employee, pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify.
51 Pa.C.S. § 4630 — PA Code / Title 51 / Chapter 46 / Section 4630
Content of order.
Status: in_force

(a) Time and identification.--An order granting custodial responsibility issued under this subchapter shall:

(1) designate the order as temporary; and

(2) identify to the extent feasible the destination, duration and conditions of the deployment.

(b) Terms.--If applicable, an order for custodial responsibility issued under this subchapter shall:

(1) specify the allocation of caretaking authority, legal custody or limited contact among the deploying parent, the other parent and any nonparent to whom caretaking authority is granted;

(2) if the order divides caretaking authority or legal custody among individuals or grants caretaking authority to one individual and limited contact to another, provide a process to resolve a dispute which may arise;

(3) provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate costs of communications;

(4) provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;

(5) provide for reasonable contact between the deploying parent and the child after the deploying parent returns from deployment and until the order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the order; and

(6) provide that the order will terminate under
51 Pa.C.S. § 4104 — PA Code / Title 51 / Chapter 41 / Section 4104
Exemption from arrest.
Status: in_force

No officer or enlisted person shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from, a place where he is ordered to attend for military duty.
51 Pa.C.S. § 1509 — PA Code / Title 51 / Chapter 15 / Section 1509
Rental or lease of armories and of buildings or structures at Fort Indiantown Gap.
Status: in_force

(a) Rental or lease of armories.--The board is authorized to rent or lease armories and may issue rules and regulations for the rental or lease of armories to responsible persons or organizations at scheduled rates approved by the board. The following apply:

(1) The Adjutant General may authorize a rental or lease fee waiver to governmental and nonprofit organizations.

(2) Notwithstanding any other provision of law, a rental or lease fee shall be payable to the fund.

(3) A lease executed under this subsection may only be for a term of not more than five years.

(b) Rental or lease of buildings or structures at Fort Indiantown Gap.--The board is authorized to rent or lease any building or structure located at Fort Indiantown Gap, which is owned or controlled by the department, and may issue rules and regulations for the rental or lease of the building or structure to organizations or entities that support the mission of the department at scheduled rates approved by the board. The following apply:

(1) The Adjutant General may authorize a rental or lease fee waiver to governmental and nonprofit organizations.

(2) Notwithstanding any other provision of law, a rental or lease fee shall be payable to the fund.

(3) A lease executed under this subsection may only be for a term of not more than five years. (July 11, 1990, P.L.430, No.104, eff. imd.; July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 6008 — PA Code / Title 51 / Chapter 60 / Section 6008
Unlawful enlistment, appointment or separation.
Status: in_force

Any person subject to this part who effects an enlistment or appointment in or a separation from the State military forces of any person who is known to him to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.
51 Pa.C.S. § 3703 — PA Code / Title 51 / Chapter 37 / Section 3703
Wearing of military insignia by municipal employees.
Status: in_force

It is unlawful for any official of the Commonwealth or any political subdivision thereof to forbid or prohibit by ordinance, rule, or regulation the wearing, by any of its employees or agents, of any service bar or insignia provided or authorized by the Federal Government, indicating military service in any war, upon any part of the uniform worn by them as employees or agents of the political subdivision.
51 Pa.C.S. § 1731 — PA Code / Title 51 / Chapter 17 / Section 1731
Accreditation.
Status: in_force

(a) Eligibility.--In order to be eligible for appointment as a director of veterans affairs in a county of this Commonwealth, a person must maintain a United States Department of Veterans Affairs accreditation in accordance with the provisions of 38 CFR § 14.629 (relating to requirements for accreditation of service organization representatives; agents; and attorneys) with one of the following:

(1) The department.

(2) A veterans' organization listed under section 1702(b) (relating to State Veterans' Commission).

(b) Time.--

(1) A person who is appointed as a director of veterans affairs in a county of this Commonwealth shall have up to

one year from the date of appointment to attain the training and certification required under this title.

(2) A person who has been appointed as a director of veterans affairs in a county of this Commonwealth prior to the effective date of this section shall have one year from the effective date of this section to attain the training and certification required under this title.

(c) Additional duties.--In addition to the duties provided for under a statute other than this title, a director of veterans affairs shall do all of the following:

(1) Serve as a local contact between the United States Department of Veterans Affairs, the department and an individual in the armed forces of the United States, an individual who was discharged from the service and a dependent of the individual.

(2) Advise an individual in the armed forces, a veteran or a dependent of the individual or veteran of available Federal, State and county veterans' benefits.

(3) Aid an individual in the armed forces, a veteran or a dependent of the individual or veteran in completing required Federal, State and local veterans' affairs forms in compliance with current regulations and policies.

(4) Work under the direct supervision of the county commissioners and within the guidelines provided by the department and the United States Department of Veterans Affairs.

(5) Participate in programs provided by the department, including:

(i) Annual training and refresher courses provided by the Office of the Deputy Adjutant General for Veterans' Affairs.

(ii) Five-year recertification as required by the United States Department of Veterans Affairs for veterans' service officer accreditation.

(d) Office duties.--The Office of the Deputy Adjutant General for Veterans' Affairs shall establish a county director of veterans affairs training program, agreed upon with the State Association of County Directors of Veterans Affairs, which shall include the following:

(1) Development of program guidelines and procedures as required under this subchapter.

(2) Maintenance of training records.

(3) Maintenance of competency scores for purposes of documenting and monitoring accreditation status.

(4) Annual recertification and qualification. Cross References. Section 1731 is referred to in section 15524 of Title 16 (Counties).
51 Pa.C.S. § 7319 — PA Code / Title 51 / Chapter 73 / Section 7319
Military family relief assistance.
Status: in_force

(a) Establishment of fund.--In order to carry out the purposes of section 315.8 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, there is hereby established in the State Treasury a restricted revenue account within the General Fund which shall be known as the Military Family Relief Assistance Fund.

(b) Administration of program.--

(1) The department shall administer and staff the program established in paragraph (2) and shall accept voluntary contributions from persons for the fund. The department may consult with any governmental or nongovernmental organization as is necessary to complete the requirements under this section but shall not enter into an agreement or contract with any such organization for the staffing functions of the program.

(2) The Military Family Relief Assistance Program is established. Contributions received for the fund shall be distributed by the department under the program to eligible service members and eligible relatives of eligible service

members. Applicants must demonstrate to the department that they have a direct and immediate financial need as a result of circumstances beyond the control of and not as a result of misconduct by the service member. The applicant shall demonstrate that the financial need is caused by one or more of the following:

(i) A sudden or unexpected loss of income, real or personal property, assets or support directly related to the military service of, or exigent circumstances affecting, the service member.

(ii) The death or critical illness of a parent, spouse, sibling or child resulting in an immediate need for travel, lodging or subsistence for which the applicant lacks financial resources.

(iii) The wounding of the service member in the line of duty sustained as a result of combat or attack resulting in an immediate need for funds for travel, lodging, subsistence or other activities directly related to the casualty for which the applicant lacks financial resources. No more than two eligible relatives of an eligible service member may receive assistance under this subparagraph.

(iv) A natural or manmade disaster or other exigent circumstances resulting in deprivation of food, shelter or other necessities of life for which the applicant lacks financial resources.

(v) Emergency need for child care of dependent children for which the applicant lacks financial resources.

(vi) Other immediate and necessitous cause determined in the guidelines established for the program that exceeds the financial resources of the applicant where failure to provide emergency assistance will substantially operate to the detriment of the service member or his or her dependents.

(3) In order to qualify for assistance under this program, applicants may be required under the guidelines of this program to seek relief from other available sources prior to applying for this program.

(4) An applicant may appeal a decision of the department to the Adjutant General. The Adjutant General shall have the authority to make a final determination concerning any appeal.

(c) Guidelines.--The department shall, in consultation with the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives, the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives, develop guidelines necessary to administer the provisions of this section. The guidelines established under this subsection shall do all of the following:

(1) Set forth eligibility for relief under this program and determine the amount of relief to be paid based on the need demonstrated by the applicant and the amount of money in the fund at the time of application.

(2) Set forth the maximum amount of relief and the maximum number of applicants per event or episode.

(3) Set forth any other information necessary for the administration and enforcement of the program.

(4) The guidelines established pursuant to this section shall be published in the Pennsylvania Bulletin but shall not be subject to review pursuant to section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, or the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(d) Moneys received.--All moneys received from the voluntary contribution system established in section 315.8 of the Tax Reform Code of 1971 shall be deposited in the fund.

(e) Other voluntary contributions.--In addition to the voluntary contribution system established in section 315.8 of the Tax Reform Code of 1971, the Commonwealth is also authorized to accept other voluntary contributions and electronic donations to the fund. All other voluntary contributions and electronic donations shall be deposited into the fund. In addition, the department shall ensure that applications to receive assistance from this fund can be obtained electronically. All agencies of State, county and municipal government within this Commonwealth may include a brief description of the Military Family Relief Assistance Program, the electronic and mailing address to make donations to this fund and the electronic and mailing address to request assistance from this program in their publications, mailings and communications.

(f) Future appropriations.--The General Assembly may appropriate funds for transfer to the fund for the purposes of this section.

(g) Use of fund money.--The moneys contained in the fund are hereby appropriated on a continuing basis to the Department of Military and Veterans Affairs for the exclusive use of carrying out the purposes of this section.

(h) Expiration.--(Deleted by amendment).

(i) Reporting.--Beginning on or before July 30, 2006, and every year thereafter for the length of the program, the department shall submit a report to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives, the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives detailing the program's guidelines, the number of applicants, the total amount of money raised and distributed and the type of applicant need. The report shall also set forth any participation by a governmental or nongovernmental organization utilized in the furtherance of the program.

(j) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Eligible relative of an eligible service member." The dependent spouse or dependent child of the eligible service member or, in the case of applicants for financial assistance to visit a hospitalized service member, the service member's spouse, parent, sibling or child. An eligible relative must be a resident of Pennsylvania at the time of application for assistance.

"Eligible service member."

(1) Any of the following:

(i) A member of the armed forces of the United States or its reserve components, including the

Pennsylvania National Guard, who is serving on active duty other than active duty for training for a period of 30 or more consecutive days.

(ii) A member of the Pennsylvania National Guard serving on State active duty for a period of 30 or more consecutive days.

(iii) A member in good standing of any reserve component of the armed forces of the United States, including the Pennsylvania National Guard, for a period of three years after release from a tour of active duty, other than active duty for training, or release from a tour of State active duty of 30 or more consecutive days' duration when the need for assistance is directly related to the circumstances under subsection (b)(2).

(iv) A former member of the armed forces of the United States or its reserve components, including the Pennsylvania National Guard, for a period of four years after discharge if:

(A) The member was discharged for medical reasons arising out of the member's military service.

(B) The medical disability that resulted in the member's discharge was incurred in the line of duty and was not the result of misconduct.

(C) The medical condition giving rise to the discharge did not exist prior to the member entering military service.

(D) The medical disability was incurred while the member was serving on active duty, other than active duty for training, or State active duty for a period of 30 or more consecutive days.

(E) The former member received an honorable discharge for medical reasons.

(F) The need for assistance is directly related to the former member's military service, to exigent circumstances beyond the eligible member's control or the disability incurred in the line of duty of the military service.

(2) An eligible service member must be a resident of Pennsylvania at the time of the application for assistance.

"Exigent circumstances." Emergency or extraordinary situations or conditions resulting in an eligible service member being unable to provide the necessities of living for the member or the member's dependents due to factors beyond the member's control. The term includes, but is not limited to, natural or manmade disasters, loss of home, loss of employment, disability or serious illness or injury.

"Resident of Pennsylvania." Either of the following:

(1) An individual who is domiciled in this Commonwealth. The individual must either physically reside in Pennsylvania or be absent from the State pursuant to military orders. An individual's spouse or dependent who is domiciled in this Commonwealth but who is stationed in another state or country shall qualify under the program as a resident of Pennsylvania so long as the person does not become domiciled in another state.

(2) An individual who qualifies under the definition of "resident individual" in section 301(p) of the Tax Reform Code of 1971. (Nov. 10, 2005, P.L.331, No.65, eff. imd.; Mar. 16, 2010, P.L.140, No.9, eff. 60 days; Oct. 29, 2020, P.L.1053, No.104, eff. imd.)

2020 Amendment. Act 104 reenacted and amended section 7319. 2020 Expiration. Section 7319 expired June 30, 2020. See Act 66 of 2014.
51 Pa.C.S. § 4641 — PA Code / Title 51 / Chapter 46 / Section 4641
Procedure for terminating custodial responsibility granted by agreement.
Status: in_force

(a) Agreement to terminate.--After the deploying parent returns from deployment, an agreement granting custodial responsibility under Subchapter B (relating to agreement addressing custodial responsibility during deployment) may be terminated by an agreement to terminate signed by both parents. An agreement to terminate is not required to be signed by a nonparent granted temporary custodial responsibility under the agreement.

(b) Termination under agreement.--An agreement entered into under Subchapter B terminates:

(1) if an agreement to terminate under subsection (a) specifies a date for termination, on that date; or

(2) if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by both parents.

(c) Termination absent agreement.--In the absence of an agreement to terminate under subsection (a), an agreement granting custodial responsibility entered into under Subchapter B terminates 60 days after the deploying parent gives notice, to the other parent and to any nonparent to whom custodial responsibility was granted, of the deploying parent's return from deployment.

(d) Judicial filing.--If an agreement entered into under
51 Pa.C.S. § 1704 — PA Code / Title 51 / Chapter 17 / Section 1704
Specific powers and duties.
Status: in_force

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' temporary assistance payments under Chapter 85 (relating to veterans' temporary 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). (Oct. 4, 2016, P.L.882, No.109, eff. imd.) 2016 Amendment. Act 109 amended par. (4). Cross References. Section 1704 is referred to in section 710 of this title.
51 Pa.C.S. § 8906 — PA Code / Title 51 / Chapter 89 / Section 8906
Limitation on sale of exempt real estate.
Status: in_force

No real property solely owned, or owned as an estate by the entirety, and used exclusively as a residence by any person who has been granted an exemption from the payment of real estate taxes pursuant to the provisions of this chapter shall be sold for the nonpayment of real property taxes for which the exemption from payment has been granted.
51 Pa.C.S. § 2314 — PA Code / Title 51 / Chapter 23 / Section 2314
Status when called into temporary Federal service.
Status: in_force

(a) General rule.--When any or all parts of the Pennsylvania National Guard are called as such into the service of the United States, their units and members retain their State status as Federally recognized units and members of the Pennsylvania National Guard in a state of temporary suspension. Under a Presidential call, officers of the Pennsylvania National Guard shall continue to be appointed by the State and neither officers nor enlisted personnel may be held to service beyond the terms of their existing commissions or enlistments while in the service of the United States.

(b) Termination of service.--When the call into the service of the United States has been terminated and organizations, units and personnel are returned to their status as the Pennsylvania National Guard, personnel shall continue to serve in the Pennsylvania National Guard until the date which their commission or enlistment entered into prior to the call or during the call would have expired if uninterrupted.
51 Pa.C.S. § 9803 — PA Code / Title 51 / Chapter 98 / Section 9803
Description of program.
Status: in_force

(a) General rule.--The department shall develop program guidelines in consultation with the Department of Education. Consistent with 32 U.S.C. § 509(a) (relating to National Guard Youth Challenge Program of opportunities for civilian youth), the program shall seek to improve the life skills and employment potential of participants by providing military-based training and supervised work experience, together with the core program components of assisting participants to receive a high school diploma or its equivalent, leadership development, promoting fellowship and community service, developing life coping skills and job skills and improving physical fitness and health and hygiene. The department shall post the program guidelines on the home page of the department's publicly accessible Internet website and shall provide the guidelines to the Department of Education.

(b) Duties of Department of Education.--The Department of Education shall post the program guidelines on the home page of the publicly accessible Internet website of the Department of Education and shall annually distribute the guidelines and relevant program information to all school entities.
51 Pa.C.S. § 1503 — PA Code / Title 51 / Chapter 15 / Section 1503
Management of armories.
Status: in_force

The board shall constitute a board for the general management and care of armories, when established, and shall have the power to adopt and prescribe rules and regulations for the management, operation and naming of armories and for the guidance of the organization occupying them as may be necessary and desirable. (July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 5606 — PA Code / Title 51 / Chapter 56 / Section 5606
Service of charges.
Status: in_force

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. No person shall, against the person's objection, be brought to trial in a general court-martial case within a period of five days after the service of charges upon the person or in a special court-martial within a period of three days after the service of charges upon the person. Cross References. Section 5606 is referred to in section 5704 of this title.
51 Pa.C.S. § 5917 — PA Code / Title 51 / Chapter 59 / Section 5917
Finality of proceedings, findings and sentences.
Status: in_force

The appellate review of records of trial, the proceedings, findings and sentences of courts-martial as approved, reviewed or affirmed and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review or affirmation are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the United States and the several states, subject only to action upon a petition for a new trial as provided in section 5914 (relating to petition for new trial) and to action under section 5915 (relating to remission and suspension).
51 Pa.C.S. § 3212 — PA Code / Title 51 / Chapter 32 / Section 3212
Establishment of program.
Status: in_force

The Medical Officer or Health Officer Incentive Program is established within the department to provide educational stipends to eligible medical officers or health officers in accordance with the provisions of this subchapter.
51 Pa.C.S. § 401 — PA Code / Title 51 / Chapter 4 / Section 401
Applicability.
Status: in_force

The following shall apply:

(1) The following provisions shall not create in a member of the Public School Employees' Retirement System, a participant in the School Employees' Defined Contribution Plan or another person claiming an interest in the account of a member or participant an express or implied contractual right in the provisions nor in a construction of 24 Pa.C.S. Pt. IV, 51 Pa.C.S. or rules or regulations adopted under 24 Pa.C.S. Pt. IV or 51 Pa.C.S.:

(i) A provision of this act which amends 51 Pa.C.S. or 24 Pa.C.S. Pt. IV in relation to requirements for any of the following:

(A) (Reserved).

(B) Qualification of the School Employees' Defined Contribution Plan as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §§ 401(a) and 415(b)), or compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103-353, 108 Stat. 3149).

(C) Domestic relations orders regarding alternate payees of participants in the School Employees' Defined Contribution Plan.

(ii) A construction of 24 Pa.C.S. Pt. IV or 51 Pa.C.S. or rules or regulations adopted under 24 Pa.C.S. Pt. IV or 51 Pa.C.S. or a term or provision of the School Employees' Defined Contribution Plan or School Employees' Defined Contribution Trust, established by statute or in the plan document or trust declaration or by contract with providers of investment and administrative services to the School Employees' Defined Contribution Plan or the School Employees' Defined Contribution Trust.

(2) The provisions of 24 Pa.C.S. Pt. IV shall remain subject to the Internal Revenue Code of 1986 and the

Uniformed Services Employment and Reemployment Rights Act, and regulations under those statutes, and the General Assembly reserves to itself the further exercise of its legislative power to amend or supplement the provisions as may be required in order to maintain the qualification of the Public School Employees' Retirement System and the School Employees' Defined Contribution Plan as a qualified pension plan under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 and the Uniformed Services Employment and Reemployment Rights Act.

(3) The following provisions shall not create in a member of the State Employees' Retirement System, a participant in the State Employees' Defined Contribution Plan or another person claiming an interest in the account of a member or participant an expressed or implied contractual right in the provisions nor in a construction of 51 Pa.C.S. § 7306, 71 Pa.C.S. Pt. XXV, or rules or regulations adopted under 51 Pa.C.S. § 7306 or 71 Pa.C.S. Pt. XXV:

(i) A provision of this act which amends 51 Pa.C.S. § 7306 or 71 Pa.C.S. Pt. XXV, in relation to requirements for any of the following:

(A) Qualification of the State Employees' Defined Contribution Plan as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 401(a)).

(B) Compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103-353).

(C) Domestic relations orders regarding alternate payees of participants in the State Employees' Defined Contribution Plan.

(ii) A construction of 51 Pa.C.S. or 71 Pa.C.S. Pt. XXV, or rules or regulation promulgated under 51 Pa.C.S. or 71 Pa.C.S. Pt. XXV, or a term or provision of the State Employees' Defined Contribution Plan or State Employees' Defined Contribution Trust established by statute or in the plan document or trust declaration or by contract with providers of investment and administrative services to the State Employees' Defined Contribution Plan or State Employees' Defined Contribution Trust.

(4) The provisions of 71 Pa.C.S. Pt. XXV shall remain subject to the Internal Revenue Code of 1986 and the Uniformed Services Employment and Reemployment Rights Act, and regulations promulgated under those statutes.

(5) The General Assembly reserves to itself the further exercise of its legislative power to amend or supplement the provisions of 71 Pa.C.S. Pt. XXV in order to maintain the qualification of the State Employees' Retirement System and the State Employees' Defined Contribution Plan as qualified pension plans under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 and the Uniformed Services Employment and Reemployment Rights Act. Explanatory Note. Act 5 amended or added sections 8102, 8103, 8103.2, 8301, 8302, 8303, 8304, 8305, 8305.3, 8305.4, 8305.5, 8306, 8307, 8308, 8310, 8321, 8322.1, 8323, 8324, 8325.1, 8326, 8327, 8328, 8330, 8341, 8342, 8344, 8345, 8346, 8347 and 8349, Chapter 84 and sections 8501, 8502, 8502.2, 8503, 8505, 8506, 8507, 8521, 8522, 8524, 8525, 8531, 8533, 8533.1, 8533.2, 8533.3, 8533.4, 8533.5, 8534, 8535, 8535.1, 8537, 8538,

8702 of Title 24, section 7306 of Title 51 and sections 5102, 5103, 5104, 5301, 5302, 5303, 5303.2, 5304, 5305, 5305.1, 5306, 5306.1, 5306.2, 5306.3, 5306.4, 5306.5, 5307, 5308, 5308.1, 5309, 5310, 5311, 5501.1, 5502, 5503.1, 5504, 5505, 5506.1, 5507, 5508, 5509, 5701, 5701.1, 5702, 5704, 5705, 5705.1, 5706, 5707 and 5709, Chapter 58 and sections 5901, 5902, 5903, 5904, 5905, 5905.1, 5906, 5907, 5931, 5932, 5933, 5934, 5935, 5936, 5937, 5938, 5939, 5951, 5953, 5953.1, 5953.2, 5953.3, 5953.4, 5953.6, 5954, 5955, 5955.2, 5957 and 5958 of Title 71.
51 Pa.C.S. § 7312 — PA Code / Title 51 / Chapter 73 / Section 7312
Stay of eviction or distress during military service.
Status: in_force

(a) General rule.--Whenever any member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States shall be called or ordered to active duty, other than active duty for training, or, in the case of members of the Pennsylvania National Guard, shall be called or ordered to active State duty, no eviction or distress shall be made of premises occupied chiefly for dwelling purposes by the member or any member of his family or other dependents, except upon leave of court granted upon application therefor or granted in an action or proceeding affecting the right of possession.

(b) Stay of proceedings.--On any such application or in any action brought pursuant to subsection (a), the court may, in its own discretion, on its own motion, and shall, on application of the member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, any member of his family or dependent, stay the proceedings for six months unless, in the opinion of the court, the ability of the tenant to pay the agreed rent is not materially affected by reason of the military service. The court may make such other order as may be just under the circumstances, including an order temporarily adjusting the rental payments.

(c) Impacts on landlords.--When a stay of eviction is granted or other order is made by the court, the owner of the premises shall be entitled, upon application therefor, to such relief as the court may determine just and equitable under the circumstances, including an order for the member to pay the arrearage in rent upon release from military duty to the extent and for such period as may appear to the court to be just. (Dec. 17, 1990, P.L.700, No.174, eff. imd.) 1990 Amendment. Act 174 added section 7312, retroactive to August 1, 1990.
51 Pa.C.S. § 9605 — PA Code / Title 51 / Chapter 96 / Section 9605
Bonding and progress payments.
Status: in_force

(a) Bonding.--Notwithstanding 62 Pa.C.S. Pt. I (relating to Commonwealth Procurement Code):

(1) Except as provided in paragraph (2), a purchasing agency may reduce the level or change the types of bonding normally required or accept alternative forms of security to the extent reasonably necessary to encourage procurement from veteran-owned small businesses and service-disabled veteran-owned small businesses.

(2) For contracts under $25,000, veteran-owned small businesses and service-disabled veteran-owned small businesses shall be exempt from any bonding requirements.

(b) Progress payments.--A purchasing agency may make special provisions for progress payments as it deems reasonably necessary to encourage procurement from veteran-owned small businesses and service-disabled veteran-owned small businesses.
51 Pa.C.S. § 3103 — PA Code / Title 51 / Chapter 31 / Section 3103
Transportation and expenses of personnel on special duty.
Status: in_force

Personnel in attendance upon court-martial, boards of examination, fitness boards and other necessary duty as

prescribed by the Adjutant General shall receive transportation in kind as may be provided for in orders, and the necessary expenses lawfully incurred in the performance of any such duty shall be paid upon proper vouchers duly approved by the officer under whose orders the duty is performed.
51 Pa.C.S. § 7902 — PA Code / Title 51 / Chapter 79 / Section 7902
Veterans' litigation awards.
Status: in_force

(a) Award exclusions.--Notwithstanding any other law of this Commonwealth to the contrary, any proceeds received pursuant to a judgment in, or settlement of, a lawsuit against the manufacturer or distributor of a Vietnam herbicide, for damages resulting from exposure thereto shall not be income or compensation for the purpose of any State or local tax, or for the calculation of any exemption or rebate therefrom, and shall not be income or an asset for determining the eligibility for

State or local government benefit programs, including, but not limited to, general public assistance and vocational rehabilitation. Such proceeds shall not be subject to recoupment for the receipt of any governmental benefits, nor shall any lien be enforceable against such sums for any reason.

(b) Payment method.--This exclusion of litigation proceeds from use in tax or benefit program calculations shall be available to disabled veterans or their beneficiaries, whether payment is received in a lump sum or payable in installments over a period of years.
51 Pa.C.S. § 5204 — PA Code / Title 51 / Chapter 52 / Section 5204
Restraint of persons charged with offenses.
Status: in_force

(a) General rule.--Any person subject to this part charged with an offense under this part may be ordered into arrest or confinement. When any person subject to this part is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused, and diligent steps shall be taken to try the person or to dismiss the charges and release the person.

(b) Admission to bail.--The accused, if apprehended or ordered into confinement prior to or during trial by a military court, may be admitted to bail by the officer exercising special court-martial jurisdiction over the accused, by a superior commanding officer or by the Adjutant General.
51 Pa.C.S. § 4108 — PA Code / Title 51 / Chapter 41 / Section 4108
Liability of Commonwealth for judgments against personnel on State duty.
Status: in_force

The Commonwealth of Pennsylvania shall be responsible for the payment of all judgments and costs secured against a member of the Pennsylvania Military Forces on State duty who was acting under lawful orders or who in good faith relied on an order which a reasonable person would consider to be lawful under the circumstances.
51 Pa.C.S. § 5501 — PA Code / Title 51 / Chapter 55 / Section 5501
Who may convene general courts-martial.
Status: in_force

(a) General rule.--General courts-martial may be convened by any of the following:

(1) The Governor.

(2) The Adjutant General.

(3) A deputy adjutant general authorized by a regulation of the Governor.

(4) The commanding general of a division.

(5) The general officer in command of a wing.

(b) Commanding officer as accuser.--When a commanding officer is an accuser, the court shall be convened by superior competent authority and may, in any case, be convened by such authority when deemed desirable by such authority.
51 Pa.C.S. § 903 — PA Code / Title 51 / Chapter 9 / Section 903
Providing subsistence, supplies, equipment and expenses.
Status: in_force

The necessary subsistence, supplies, equipment and expenses incident to any active State service, including the transportation of troops, may be contracted for under direction of the Governor as Commander-in-Chief, by the Adjutant General

or any other officer designated for that purpose, to be paid for as otherwise provided by law, except when such active service is under the orders of the Department of Defense when subsistence, supplies, equipment and other expenses incident to any active State service, including transportation, is furnished by the Federal Government.
51 Pa.C.S. § 5907 — PA Code / Title 51 / Chapter 59 / Section 5907
Disposition of records after review by convening authority.
Status: in_force

(a) General rule.--Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by this section and regulations promulgated by the department.

(b) Final action by Governor.--When the Governor has taken final action in a court-martial case in which he is the convening authority, there shall be no further review.

(c) Final action by other authority.--When a convening authority other than the Governor has taken final action in a general court-martial case, the convening authority shall forward the entire record, including his action thereon and the opinion or opinions of the staff judge advocate or legal officer, to the State Judge Advocate.

(d) Bad-conduct discharge.--Where the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the record shall be forwarded to the officer exercising general court-martial jurisdiction over the command to be reviewed in

the same manner as a record of trial by a general court-martial. If the sentence as approved by an officer exercising general court-martial jurisdiction includes a bad-conduct discharge, whether or not suspended, the record shall be forwarded to the State Judge Advocate.

(e) Review and disposition of other records.--All other special and summary court-martial records shall be reviewed by a judge advocate of the Pennsylvania National Guard and shall be transmitted and disposed of as the department may prescribe by regulations.
51 Pa.C.S. § 7304 — PA Code / Title 51 / Chapter 73 / Section 7304
Reemployment rights.
Status: in_force

Every employee shall have the right to return to his employment at any time prior to the expiration of his military leave of absence upon notifying his employer of his desire and availability so to return. Cross References. Section 7304 is referred to in section 7305 of this title.
51 Pa.C.S. § 7111 — PA Code / Title 51 / Chapter 71 / Section 7111
Guidelines.
Status: in_force

The department shall annually establish veterans' preference guidelines and verify the Federal qualifying periods of service during a war or armed conflict to ensure understanding of the required documents and compliance with this chapter and Chapter 72 (relating to voluntary veterans' preference in private employment). (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days) 2020 Amendment. Act 102 added section 7111.
51 Pa.C.S. § 6035 — PA Code / Title 51 / Chapter 60 / Section 6035
Drunk on duty, sleeping on post and leaving post before relief.
Status: in_force

(a) General rule.--Except as provided in subsection (b), any person subject to this part who is found drunk on duty, sleeping on his post or who leaves his post before being relieved shall be punished as a court-martial may direct.

(b) Sentinel or look-out.--Any sentinel or look-out who is found drunk on duty, sleeping on his post or who leaves his post before being relieved shall be punished, if the offense is committed in time of war, by confinement of not more than five years or by other punishment as a court-martial may direct. If the offense is committed at any other time, the person shall be punished as a court-martial may direct.
51 Pa.C.S. § 3701 — PA Code / Title 51 / Chapter 37 / Section 3701
Authorized decorations, medals, badges and awards.
Status: in_force

(a) General rule.--The following decorations, medals, badges and awards are authorized to be presented by the Governor in the name of the Commonwealth:

(1) Pennsylvania Cross for Valor.

(2) Pennsylvania Distinguished Service Medal.

(3) Pennsylvania Meritorious Service Medal.

(4) Pennsylvania Commendation Medal.

(4.1) Pennsylvania Achievement Medal.

(5) State Medal for Federal Service during any war.

(6) Pennsylvania Service Ribbon or Medal for active State service during an emergency.

(7) Pennsylvania Twenty Year Service Medal.

(8) Major General Thomas R. White, Jr. Medal.

(9) General Thomas J. Stewart Medal.

(10) Pennsylvania Outstanding Aeronautical Achievement Award.

(11) Marksmanship Medals or Badges.

(12) Pennsylvania Veterans Service Award.

(b) Method of award.--The following decorations, medals, badges and awards will be awarded under the following conditions:

(1) The Pennsylvania Cross for Valor shall be awarded by the Governor to members of the Pennsylvania National Guard, Pennsylvania Guard or the armed forces of the United States or their reserve components for acts of bravery or valor above the ordinary gallantry of other members of the services.

(2) The Pennsylvania Distinguished Service Medal shall be awarded by the Governor to civilians, veterans, members of the Pennsylvania National Guard, Pennsylvania Guard or armed forces of the United States or their reserve components and civilians and members of the military of a friendly foreign nation in recognition of meritorious service beyond the normal dictates of duty to this Commonwealth.

(3) The Pennsylvania Meritorious Service Medal shall be awarded by the Governor to civilians, veterans, members of the Pennsylvania National Guard, Pennsylvania Guard or the armed forces of the United States or their reserve components and civilians and members of the military of a friendly foreign nation in recognition of meritorious service rendered this Commonwealth and while holding a position of great responsibility or who provide meritorious service to veterans and their families on behalf of this Commonwealth.

(4) The qualifications for awarding the Pennsylvania Commendation Medal, the Pennsylvania Achievement Medal, the Pennsylvania Veterans Service Award, the State Medal for Federal Service during any war, the Service Ribbon or Medal for active State service during an emergency, the Pennsylvania Twenty Year Service Medal, the Major General Thomas R. White, Jr. Medal, the General Thomas J. Stewart Medal, the Pennsylvania Outstanding Aeronautical Achievement Award, and the Marksmanship Medals or Badges, shall be prescribed by the Adjutant General by regulation or guideline.

(5) The Adjutant General is empowered to establish such other decorations, medals, badges and awards as he may prescribe by regulation or guideline.

(c) Recommendations for medals.--All recommendations for decorations, medals, badges and awards, except those of the Governor, must be forwarded to the Governor through the department. (Nov. 29, 2017, P.L.1182, No.56, eff. 60 days; Oct. 23, 2023, P.L.80, No.16, eff. imd.) 2023 Amendment. Act 16 amended subsec. (b)(2) and (3).
51 Pa.C.S. § 904 — PA Code / Title 51 / Chapter 9 / Section 904
Payment of emergency expenses.
Status: in_force

When the Pennsylvania National Guard, or any portion thereof, is ordered on active State duty by the Governor as Commander-in-Chief for the internal security of this Commonwealth or in case of disaster within this Commonwealth, the payment of the troops and all other expenses incident to such services will be made by the Adjutant General from funds obtained in the manner provided by law. If the Pennsylvania National Guard, or any portion thereof, shall be called into the active service of the United States by the President, all necessary expenses incident to the mobilization under such call shall be paid by the Adjutant General from funds as authorized by the Federal Government. The necessary transportation, supplies, equipment and necessary expenses incident to such Federal active duty within this Commonwealth or mobilization under the call of the President may be contracted for under direction of the Governor by the Adjutant General or other officer or officers designated for that purpose. The same shall be paid for by the Adjutant General from funds obtained as provided by law, except when such expenses are paid by the Federal Government.
51 Pa.C.S. § 714 — PA Code / Title 51 / Chapter 7 / Section 714
PA VETConnect Program.
Status: in_force

(a) Establishment.--The PA VETConnect Program is established.

(b) Participants.--The program may include Federal agencies, State agencies, county directors of veterans' affairs, veterans' service organizations, accredited postsecondary educational and technical institutions, the health care provider community, businesses and nonprofit organizations.

(c) Purpose.--The program shall:

(1) Improve the health and well-being of veterans and the families of veterans through referrals, community engagement and consistent network communication.

(2) Organize participants under subsection (b) to cooperate with network partners to provide for proactive solutions to address the problems faced by veterans.

(d) Requirements.--Program requirements shall be determined by the department and information shall be disseminated to the greatest extent possible on how to best navigate and utilize available resources to improve the health and well-being of veterans and the families of veterans.

(e) Duties of department.--The department shall develop and administer the program, which shall contain a mission statement that shall be clearly communicated to network advocates, partners and participants under subsection (b). The department shall:

(1) Coordinate with Federal agencies, State agencies, county directors of veterans' affairs, veterans' service organizations, accredited postsecondary educational and technical institutions, the health care provider community, businesses and nonprofit organizations, identified by the department, that provide programs, initiatives, reintegration outreach and related services to veterans and the families of veterans.

(2) Provide Pennsylvania Salutes You for Your Service information to recently separated service members.

(3) Provide information regarding program initiatives, resources, training opportunities, veterans' service organizations and services available to be utilized by

individuals or groups who support veterans and their families as volunteers and offer outreach and support for veterans.

(4) Coordinate with county directors of veterans' affairs by providing information of veterans who request support for Federal and State benefits and programs.

(5) Coordinate with veterans' service officers from veterans' service officer grant programs or other veterans' service officers to assist veterans in applying for Federal veterans benefits. (July 17, 2024, P.L.833, No.70, eff. 60 days) 2024 Amendment. Act 70 added section 714.
51 Pa.C.S. § 3210.2 — PA Code / Title 51 / Chapter 32 / Section 3210.2
Eligibility.
Status: in_force

(a) General rule.--A family member is eligible to receive a Military Family Education Program grant under this subchapter if all of the following eligibility criteria are met:

(1) The eligible member from the Pennsylvania National Guard has been a satisfactory participant in the Pennsylvania National Guard activities for a minimum service period established by the Adjutant General or a former eligible member has received an other than dishonorable discharge.

(2) The eligible member accepted an obligation to serve in the Pennsylvania National Guard for a period of six years and has not accepted an obligation under Subchapter A (relating to Educational Assistance Program) for the same six-year period. Upon completion of a six-year obligation for which an eligible member received a Military Family Education Program grant, an eligible member may receive successive Military Family Education Program grants for a successive six-year commitment.

(3) The eligible member has assigned the benefit to the family member.

(4) The family member has enrolled as a student in an approved program of education at an approved institution of higher learning.

(5) If the family member is a spouse of an eligible member or former eligible member, then the spouse shall enroll in an approved program of education not more than six years after the eligible member or former eligible member's date of separation, medical discharge or death and the obligation stated under paragraph (2) has been fulfilled. The Adjutant General may for good cause extend the six-year deadline in cases of extenuating circumstances.

(6) When an eligible member is ordered to serve on active duty for more than 30 consecutive days, including active duty for training, a family member who is the spouse may withdraw from a program of education and shall be granted an educational leave of absence as provided for under section 7313 (relating to educational leave of absence).

(b) Discharge for disability incurred in the line of duty.--(Deleted by amendment).

(b.1) Retention of benefit.--A family member of an eligible member who received an other than dishonorable discharge prior to completing the six-year obligation shall remain eligible to receive the earned proportional share of a Military Family Education Program grant under this subchapter if the former eligible member meets one the following criteria:

(1) the member was discharged because of a medical determination that was not the result of the eligible member's misconduct;

(2) the member was discharged at the convenience of the department or the Pennsylvania National Guard; or

(3) the existence of other compelling circumstances determined by the Adjutant General that warrant retention of the proportional or full benefit.

(c) Death of an eligible member.--A family member of an eligible member who died while serving the obligation required in subsection (a)(2) shall remain eligible to receive a Military Family Education Program grant under this subchapter if the deceased eligible member met the following eligibility criteria at the time of death:

(1) The deceased eligible member was eligible for an other than dishonorable discharge.

(2) The deceased eligible member had accepted an obligation to serve in the Pennsylvania National Guard and was qualified to fulfill the service obligation but for the eligible member's death.

(3) Upon an eligible member's death, if the eligible member has not assigned the family member or family members to receive the Military Family Education Program grant as provided for under this subchapter, the surviving spouse or the administrator or executor of the estate shall designate the family member or family members to receive the Military Family Education Program grant. (July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Section 5 of Act 32 provided that the Department of Military and Veterans Affairs shall issue a policy statement addressing the implementation of the addition of subsec. (b.1). Effective Date. Section 5(1) and (2) of Act 32 of 2019 provided that subsec. (a)(1) and (2) shall take effect July 1, 2019, subsec. (a)(3), (4) and (5) shall take effect August 1, 2020, and the remainder of the section shall take effect immediately. Cross References. Section 3210.2 is referred to in section 3210.7 of this title.
51 Pa.C.S. § 3 — PA Code / Title 51 / Chapter 3 / Section 3
Continuation of prior law.
Status: in_force

The addition of 51 Pa.C.S. Ch. 95 is a continuation of the act of October 9, 2008 (P.L.1413, No.114), known as the Long-Term Care Patient Access to Pharmaceuticals Act. The following apply:

(1) Except as otherwise provided in 51 Pa.C.S. Ch. 95, all activities initiated under the Long-Term Care Patient Access to Pharmaceuticals Act shall continue and remain in full force and effect and may be completed under 51 Pa.C.S. Ch. 95. Orders, regulations, rules and decisions which were made under the Long-Term Care Patient Access to Pharmaceuticals Act and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 51 Pa.C.S. Ch. 95. Contracts, obligations and collective bargaining agreements entered into under the Long-Term Care Patient Access to Pharmaceuticals Act are not affected nor impaired by the repeal of the Long-Term Care Patient Access to Pharmaceuticals Act.

(2) Except as set forth in paragraph (3), any difference in language between 51 Pa.C.S. Ch. 95 and the Long-Term Care Patient Access to Pharmaceuticals Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Long-Term Care Patient Access to Pharmaceuticals Act.

(3) Paragraph (2) does not apply to the addition of the following provisions of Title 51:

(i) Section 9502(3)(ii).

(ii) The definitions of "lockbox" and "means" in section 9503.

(iii) Section 9505(b)(7) introductory paragraph,

(ii), (iii) and (iv) and (8). Explanatory Note. Act 36 added Chapter 95 of Title 51. 2012, OCTOBER 24, P.L.1436, NO.181