reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6041 - Frauds against government

§ 6041. Frauds against government.
Any person subject to this part:
(1) who, knowing it to be false or fraudulent:
(i) makes any claim against the United States, the Commonwealth or any officer thereof; or
(ii) presents to any person in the civil or military service thereof for approval or payment any claim against the United States, the Commonwealth or any officer thereof;
(2) who, for the purpose of obtaining the approval, allowance or payment of any claim against the United States, the Commonwealth or any officer thereof:
(i) makes or uses any writing or other paper knowing the same to contain any false or fraudulent statements;
(ii) makes any oath, affirmation or certification to any fact or to any writing or other paper knowing the oath, affirmation or certification to be false; or
(iii) forges or counterfeits any signature upon any writing or other paper or uses any such signature knowing it to be forged or counterfeited;
(3) who, having charge, possession, custody or control of any money or other property of the United States or the Commonwealth furnished or intended for the armed forces of the United States or the State military forces, knowingly delivers to any person having authority to receive the same any amount thereof less than that for which he receives a certificate or receipt; or
(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the Commonwealth, furnished or intended for the armed forces of the United States or the State military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the Commonwealth;
shall, upon conviction, be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6042 - Larceny and wrongful appropriation

§ 6042. Larceny and wrongful appropriation.
(a) Offenses defined.--
Any person subject to this part who, while in a duty status, wrongfully takes, obtains or withholds by any means whatever from the possession of the true owner or of any other person any money, personal property or article of value of any kind:
(1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate the same to his own use or the use of any person other than the true owner, steals such property and is guilty of larceny; or
(2) with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate the same to his own use or the use of any person other than the true owner, is guilty of wrongful appropriation.
(b) Punishment.--
Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6043 - Assault

§ 6043. Assault.
Any person subject to this part who, while in a duty status, attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6045 - General article

§ 6045. General article.
Though not specifically described in this part, a person subject to this title who engages in any disorder and neglect to the prejudice of good order and discipline in the State military forces or who engages in any conduct of a nature to bring discredit upon the State military forces shall be punished as a court-martial may direct. However, where an act or omission constitutes an offense that violates both this part and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court will be determined in accordance with section 5104 (relating to subject matter jurisdiction).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6046 - Embezzlement

§ 6046. Embezzlement.
Any person subject to this part who shall, while in a duty status, embezzle, misapply or convert to his own use, without authority, any moneys received by or entrusted to him for disbursement or articles of military equipment shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6047 - Purchasing and receiving military property in pawn

§ 6047. Purchasing and receiving military property in pawn.
Any person subject to this part who knowingly and willfully sells, purchases or receives in pawn or pledge any military property of the Commonwealth of Pennsylvania or of the United States in use by the Commonwealth shall be punished as a court-martial may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 60 - Punitive Sections › Section 6048 - Wrongful use and possession of controlled substances

§ 6048. Wrongful use and possession of controlled substances.
(a) General rule.--
Any person subject to this title who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the armed forces of the United States or the State military forces a controlled substance shall be punished as a court-martial may direct.
(b) 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:
"Controlled substance." The term means:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative of any such substance.
(2) Any substance not specified in paragraph (1) that is listed on a schedule of controlled substances prescribed by the President of the United States for the purposes of the Uniform Code of Military Justice (10 U.S.C. § 801 et seq.) of the armed forces of the United States.
(3) Any other substance not specified in paragraph (1) or contained on a list prescribed by the President of the United States under paragraph (2) that is listed in schedules I, II, III, IV and V of section 202 of the Controlled Substances Act (Public Law 91-513, 84 Stat. 1236).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6101 - Courts of inquiry

§ 6101. Courts of inquiry.
(a) Who may convene.--
Courts of inquiry to investigate any matter of concern to the State military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.
(b) Composition.--
A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.
(c) Parties.--
Any person subject to this part whose conduct is subject to inquiry shall be designated as a party. Any person subject to this part who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.
(d) Challenging member.--
Members of a court of inquiry may be challenged by a party but only for cause stated to the court.
(e) Oath or affirmation.--
The members, counsel, reporters and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.
(f) Witnesses.--
Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
(g) Findings and recommendations.--
Courts of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.
(h) Record.--
Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6102 - Authority to administer oaths and to act as notary

§ 6102. Authority to administer oaths and to act as notary.
(a) Military administration and justice.--
The following members of the State military forces may administer oaths for the purposes of military administration, including military justice:
(1) All judge advocates, including the State Judge Advocate.
(2) All summary courts-martial.
(3) All adjutants, assistant adjutants, acting adjutants and personnel adjutants.
(4) All other persons designated by law or by regulations of the State military forces or the armed forces of the United States.
(b) Performance of particular duties.--
The following persons may administer oaths necessary in the performance of their duties:
(1) The president, military judge and trial counsel for all general and special courts-martial.
(2) The president and the counsel for the court of any court of inquiry.
(3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation.
(5) All recruiting officers.
(6) All other persons designated by law or by regulations of the State military forces or the armed forces of the United States.
(c) Evidence of authority.--
The signature without seal of any such person, together with the title of his office, is prima facie evidence of the person's authority.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6103 - Text of part to be available

§ 6103. Text of part to be available.
(a) Explanation of certain provisions.--
Provisions of this part specifically designated by regulation as required to be explained to enlisted members shall be carefully explained to each enlisted member at the time of or within 30 days after the member's initial entry into the State military forces and at such periodic briefings as shall be required by regulation.
(b) Availability of text.--
A complete text of this part and of the regulations prescribed by the Governor, Adjutant General or department shall be made available to members of the State military forces, upon request.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6104 - Complaints of wrongs

§ 6104. Complaints of wrongs.
Any member of the State military forces who believes himself wronged by a commanding officer and who, upon due application to that commanding officer, is refused redress may complain to any superior commissioned officer who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine the complaint and take proper measures for redressing the wrong. The officer shall, as soon as possible, send to the Adjutant General a statement of the complaint, with a statement of the measures taken to address the wrong.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6105 - Redress of damages to property

§ 6105. Redress of damages to property.
(a) Assessment of damages.--
Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the State military forces, that person may, subject to such regulations as the Governor or department may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and shall have for the purpose of that investigation power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and the amount approved by that officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for payment to the injured parties of the damages assessed and approved.
(b) Offender not known.--
If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6106 - Execution of process and sentence

§ 6106. Execution of process and sentence.
The processes and sentences of courts-martial of the State military forces shall be executed by the civil officers prescribed by the laws of this Commonwealth or by the officers of the State military forces as the circumstances may require. Fees for serving processes provided for in this part shall be the same as prescribed by law for similar processes of a civil nature and shall, upon proper vouchers being filed, be paid by the Adjutant General in the usual manner.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6107 - Disposition of fines and penalties

§ 6107. Disposition of fines and penalties.
(a) Military court or nonjudicial punishment.--
Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the Commonwealth and delivered to the court or imposing officer or to a person executing their process. Fines may be collected in the following manner:
(1) By cash or money order.
(2) By retention of any pay or allowances due or to become due to the person fined.
(3) By garnishment or levy, together with costs, on the wages, goods and chattels of a person delinquent in paying a fine, as provided by law.
(b) Court-martial.--
All fines and penalties imposed and collected through the sentence of courts-martial shall be forwarded to the Adjutant General, who shall deposit the same in the State Military Justice Fund of the State Treasury.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6108 - Liability of public officers for nonexecution of process

§ 6108. Liability of public officers for nonexecution of process.
The neglect or refusal of any sheriff, constable, peace officer or jail warden to execute any process, to make proper return of all fines and penalties collected or to receive into custody any prisoner shall be deemed a misdemeanor and shall subject the offender to a prosecution by the proper district attorney and to a penalty, upon conviction of each such offense, of $1,000 to the use of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6109 - Compensation of court

§ 6109. Compensation of court.
(a) Judges, counsel and members of courts.--
Military judges, military counsel and members of courts-martial and courts of inquiry shall be allowed transportation and per diem pay as per military grade for time actually employed in the duties assigned them. Transportation shall be furnished to all prosecutors, prisoners, witnesses, sheriffs, peace officers and constables to and from the place or places designated for the meetings of said courts. The per diem pay for military and civilian witnesses shall be the same as in civil courts of law. The fees of sheriffs, peace officers and constables for serving the processes provided for in this part shall be the same as prescribed by law for similar processes of a civil nature and shall, upon proper vouchers being filed, be paid by the Adjutant General in the usual manner.
(b) Witnesses.--
The fees and authorized travel expenses of all witnesses, experts, victims, court reporters and interpreters, as well as fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration of military justice not otherwise payable by any other source, shall be paid out of the State Military Justice Fund of the State Treasury.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6110 - Immunity for action of military courts

§ 6110. Immunity for action of military courts.
No accused may bring an action or proceeding against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6111 - Delegation of authority by Governor and Adjutant General

§ 6111. Delegation of authority by Governor and Adjutant General.
The Governor or Adjutant General may delegate any authority vested in him under this part and provide for the subdelegation of any such authority, except the power given the Governor by section 5406 (relating to sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6112 - Uniformity of interpretation

§ 6112. Uniformity of interpretation.
This part shall be so construed as to, so far as practical, make this law uniform with the law of the United States, especially as embodied in the Uniform Code of Military Justice.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 61 - Miscellaneous Provisions › Section 6113 - State Military Justice Fund

§ 6113. State Military Justice Fund.
There is hereby established in the State Treasury a special nonlapsing fund designated as the State Military Justice Fund. Expenditures from the fund shall be administered by the Adjutant General. The fund shall be used to pay expenses incurred in the administration of military justice. All fines, penalties, fees and other moneys paid to the Commonwealth under this part shall be deposited in the fund. The General Assembly may appropriate and have deposited in the fund such funds as it deems necessary to carry out the purposes of this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Extra - Chapter Notes

Enactment.
Chapter 71 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.
Cross References.
Chapter 71 is referred to in section 1184 of Title 8 (Boroughs and Incorporated Towns);
            section 14405.1 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7101 - Soldier defined (Repealed)

§ 7101. Soldier defined (Repealed).
2020 Repeal.
Section 7101 was repealed October 29, 2020, P.L.1045, No.102, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7101.1 - Purpose

§ 7101.1. Purpose.
The purpose of this chapter is to provide a hiring preference to qualified veterans seeking public employment in classified and unclassified services for the discipline and experience represented by the veteran's military training and by the loyalty and public spirit demonstrated by the veteran's service for the preservation of this nation and this Commonwealth.
(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
2020 Amendment.
Act 102 added section 7101.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7102 - Credits in civil service examinations (Repealed)

§ 7102. Credits in civil service examinations (Repealed).
2020 Repeal.
Section 7102 was repealed October 29, 2020, P.L.1045, No.102, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7103 - Additional points in grading civil service examinations

§ 7103. Additional points in grading civil service examinations.
(a) Commonwealth examinations.--
Whenever a veteran successfully passes a civil service appointment examination for a public position with the Commonwealth, or any political subdivision thereof, an additional 10 points shall be added to the veteran's final examination score and such score shall determine the veteran's standing on any eligible list certified or provided to the appointing authority. A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority.
(b) Municipal examinations.--
Whenever a veteran successfully passes an examination for appointment in the civil service of any of the various municipal agencies within this Commonwealth, as required by any existing law or any law which may hereafter be enacted, an additional 10 points shall be added to the veteran's final examination score and such score shall determine the veteran's standing on any eligible list certified or provided to the municipal agency. A veteran may not begin or hold the public position for a municipal agency until proof of discharge papers, separation documents or statement of service are provided to the municipal agency.
(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
Cross References.
Section 7103 is referred to in section 14405.1 of Title 11 (Cities); sections 2202, 3006 of Title 71 (State Government).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7104 - Preference in appointment

§ 7104. Preference in appointment.
(a) Non-civil service.--
Whenever a veteran possesses the requisite qualifications for appointment to a public position that is not subject to civil service appointment examination and the veteran is otherwise eligible for appointment, the appointing authority in making the appointment shall give preference to the veteran. A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority.
(b) Name on civil service list.--
Whenever a veteran's name appears on an eligible list certified or provided as the result of a civil service examination, the appointing authority in making an appointment to a public position shall give preference to the veteran, notwithstanding the veteran's standing on the eligible list if the appointment is otherwise made in accordance with 71 Pa.C.S. § 2402 (relating to selection and appointment of eligibles). A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority.
(c) Name not on civil service list.--
In making an appointment to a public position where a civil service examination is required, an appointing authority may give preference to a veteran who has passed the required examination for appointment to such position and otherwise possesses the requisite qualifications of the public position, notwithstanding that the veteran's name does not appear on the eligible list certified or provided to the appointing authority. A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority.
(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7105 - Lack of formal training and education, age or physical impairment

§ 7105. Lack of formal training and education, age or physical impairment.
(a) Training and education.--
In determining whether a veteran possesses the requisite qualifications for an appointment, appointing authorities shall consider relevant training or education received by a veteran during the veteran's service in the armed forces of the United States, including a reserve component or National Guard, in lieu of formal training and education.
(b) Age or physical impairment.--
The age or loss of limb or other physical impairment that does not incapacitate a veteran shall not be used to disqualify the veteran, provided the veteran possesses the requisite qualifications to satisfactorily perform in a public position.
(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7106 - Preferential rating provision in public works specifications

§ 7106. Preferential rating provision in public works specifications.
Whenever the Commonwealth issues specifications for the construction, alteration or repair of any public works, such specifications shall include a provision under which the contractors and subcontractors shall agree to give a hiring preference similar to that given by the Commonwealth to any veteran making application for employment upon such public works.
(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7107 - Computation of seniority for reduction in force

§ 7107. Computation of seniority for reduction 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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7108 - Preference of spouses

§ 7108. Preference of spouses.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7109 - Law exclusive

§ 7109. Law exclusive.
This chapter shall be construed as being the exclusive law applying to the Commonwealth, and its political subdivisions and municipal agencies, in giving preference to veterans in appointment to, or retention in, public position or on public works.
(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7110 - Reporting requirement

§ 7110. Reporting requirement.
(a) Office of Administration report.--
The Office of Administration shall provide a consolidated report to the Adjutant General depicting the previous fiscal year's statistics for veterans appointed by the Commonwealth into non-civil service and civil service positions, including aggregate totals by agency.
(b) Department report.--
The department shall provide an annual report on this chapter to the chair and minority chair of the State Government Committee of the Senate, the chair and minority chair of the State Government Committee of the House of Representatives, the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.
(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
2020 Amendment.
Act 102 added section 7110.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 71 - Veterans' Preference › Section 7111 - Guidelines

§ 7111. Guidelines.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 72 - Voluntary Veterans' Preference in Private Employment › Section 7203 - Veterans' preference private employment policy

§ 7203. Veterans' preference private employment policy.
(a) Authority.--
A private employer may adopt and apply a veterans' preference employment policy.
(b) Policy.--
A veterans' preference employment policy shall:
(1) be in writing;
(2) require the inclusion of a statement in any job posting that indicates that the employer has and applies a veterans' preference employment policy;
(3) be provided to the applicant at time of hiring and provided to all employees on an annual basis; and
(4) be applied uniformly to employment decisions regarding:
(i) the hiring of new applicants;
(ii) the promotion of current employees; and
(iii) the retention of employees during a reduction in the work force.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 72 - Voluntary Veterans' Preference in Private Employment › Section 7204 - Eligibility for preference

§ 7204. Eligibility for preference.
A veteran, spouse of a disabled veteran or surviving spouse shall submit the discharge papers or separation documents of the veteran to a private employer with a veterans' preference employment policy for consideration by the employer.
(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 72 - Voluntary Veterans' Preference in Private Employment › Section 7205 - Nonviolation of equal opportunity laws

§ 7205. Nonviolation of equal opportunity laws.
A voluntary veterans' preference employment policy adopted and applied in accordance with this chapter shall not be considered a violation of any State or local equal employment opportunity law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Extra - Chapter Notes

Enactment.
Chapter 73 was added August 1, 1975, P.L.233, No.92, effective January 1, 1976.
Cross References.
Chapter 73 is referred to in section 702 of this title; sections 8102, 8302 of Title
            24 (Education); sections 5302, 5304 of Title 71 (State Government).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7301 - Definitions

§ 7301. Definitions.
The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Active military service."
Active service in any of the armed services or forces of the United States or of this Commonwealth.
"Be drafted."
To be drafted, to be ordered into active military service if a member of a reserve component of the armed forces, or in any way to enter involuntarily, or remain in active military service, or to enter voluntarily into active military service for such period as is necessary to satisfy one's draft obligation.
"Employee."
Any appointed officer or employee regularly employed by the Commonwealth, in its civil service or otherwise, or by any department, board, bureau, commission, authority, agency or office thereof, or by any political subdivision or local authority of the Commonwealth, but shall not mean any employee of any school district or vocational school district.
"Enlist."
To enlist, enroll, reenlist, or in any way voluntarily to enter or remain in active military service.
"Reserve component of the armed forces."
The United States Army Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast Guard Reserve, United States Air Force Reserve, Pennsylvania National Guard and Pennsylvania Air National Guard.
Cross References.
Section 7301 is referred to in section 8302 of Title 24 (Education); section 2707.2 of Title 30 (Fish); section 2706 of Title 34 (Game); section 5302 of Title 71 (State Government); sections 1361, 1364 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7302 - Granting military leaves of absence

§ 7302. Granting military leaves of absence.
(a) Enlistment or draft.--
Whenever any employee shall, in time of war or armed conflict, or emergency proclaimed by the Governor or by the President of the United States, enlist or shall, at any time, be drafted into the active military service of the United States, he shall be automatically granted a military leave of absence. So long as an employee is on military leave of absence, he shall not be removed from his employment and his duties shall either be performed by other employees or by a temporary substitute. During such time he may receive remuneration from his civilian employer.
(b) Reserve components.--
Whenever any employee who is a member of a reserve component of the armed forces shall be called or ordered to active duty by the United States and whenever any employee who is a member of the Pennsylvania National Guard shall be ordered to active State duty or special State duty by the Governor or his designee, he shall automatically be granted a military leave of absence.
(Dec. 17, 1990, P.L.700, No.174, eff. imd.; Nov. 22, 2000, P.L.670, No.90, eff. imd.)
Cross References.
Section 7302 is referred to in sections 8102, 8506 of Title 24 (Education); sections 5102, 5902, 5906 of Title 71 (State Government).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7303 - Expiration of military leaves of absence

§ 7303. Expiration of military leaves of absence.
(a) Employees who enlisted.--
Every military leave of absence granted to an employee by reason of his enlistment in the active military service in time of war or armed conflict, or emergency proclaimed by the Governor or by the President of the United States, shall expire 90 days after the expiration of the first period of his enlistment to expire at a time when the United States is not engaged in a war or armed conflict or emergency proclaimed by the Governor or by the President of the United States.
(b) Employees who were drafted.--
Every military leave of absence granted to an employee by reason of his having been drafted shall expire 90 days after the expiration of the period for which he was drafted.
(c) Employees who were members of reserve components.--
Every military leave of absence granted to an employee by reason of his having been called or ordered to military duty as a member of a reserve component of the armed forces of the United States shall expire 90 days after the expiration of the period of the military duty. Every military leave of absence granted to an employee by reason of his having been ordered to active State duty or special State duty as a member of the Pennsylvania National Guard shall expire 30 days after the expiration of the period of the State duty.
(Dec. 17, 1990, P.L.700, No.174, eff. imd.)
1990 Amendment.
Act 174 added subsec. (c), retroactive to August 1, 1990.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7304 - Reemployment rights

§ 7304. Reemployment rights.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7305 - Seniority rights

§ 7305. Seniority rights.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7307 - Eligibility

§ 7307. Eligibility.
Every employee otherwise eligible for a military leave of absence shall be granted a military leave of absence commencing upon the date of his eligibility therefor, regardless of whether such date occurred before or after the effective date of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7308 - Loss of benefits

§ 7308. Loss of benefits.
Any employee who is separated from the service by an undesirable, bad conduct or dishonorable discharge shall not be entitled to any of the benefits of this chapter, except such vested rights as he may have acquired prior thereto by virtue of payments made pursuant to his exercise of option (1) of section 7306 (relating to retirement rights).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7310 - Contract by minors for servicemen's readjustment loans

§ 7310. Contract by minors for servicemen's readjustment loans.
(a) General rule.--
Any minor, who is at least 17 years of age, and who is eligible for guaranty or insurance of a loan pursuant to the act of Congress known as the "Servicemen's Readjustment Act of 1944," as amended and supplemented, is hereby authorized and empowered, notwithstanding such minority, to enter into any contract in this Commonwealth, for any loan, or loans guaranteed by the United States, or any agency thereof, in accordance with the provisions of said act of Congress, as amended and supplemented, and the rules and regulations promulgated from time to time pursuant thereto; or any agency of the Commonwealth hereafter created; and such minor is also authorized and empowered to execute, and acknowledge, all documents, deeds, mortgages, and other or similar papers, necessary and incident to such contracts.
(b) Joinder by minor spouse.--
The minor spouse of any person who is eligible for guaranty or insurance of a loan pursuant to said act of Congress, whether or not such person is a minor and regardless of the age of the spouse, is hereby authorized and empowered, notwithstanding such minority, to join in the execution of any such contract.
(c) Minority no basis for avoidance or defense.--
In the event a person who is eligible for guaranty or insurance of a loan pursuant to said act of Congress, and who is a minor or whose spouse is a minor, or both, obtains such a loan, or loans, neither of them, despite any law or decision of any court to the contrary, shall be permitted to avoid the contract of such loan or loans because of the age of either of them, nor shall either of them be permitted to interpose the defense that either of them is a minor in any action or actions based upon such contract, or contracts, or arising out of any loan or loans authorized herein.
(d) Liability of parent or representative.--
The parent or parents, or guardian or guardians, or trustee or trustees of any minor shall not be liable in any way whatsoever because of or on account of such contract or contracts, or loan or loans, which may be entered into or joined in by such minor pursuant hereto, unless expressly a party thereto.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7311 - Sale of real property for delinquent taxes and municipal claims

§ 7311. Sale of real property for delinquent taxes and municipal claims.
(a) Lien saved on stay of sale.--
Whenever, pursuant to the provisions of the Federal Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto, a sale of any real property, owned and occupied for dwelling, professional, business or agricultural purposes by a person in military service, or his dependents, at the commencement of his period of military service and still so occupied by his dependents or employees, to enforce the collection of a delinquent tax or municipal claim, or the commencement of any proceeding or action for such purposes, is stayed by any court of record of this Commonwealth, the lien of the tax or of a tax or municipal claim affected thereby, shall not be lost.
(b) Sale and lien time limitations extended.--
In all such cases the time fixed by statute for any such sale, or the commencement of any such proceeding or action, and the lien of the tax or the tax or municipal claim, is hereby extended for a period equal to the time during which the stay of the court was effective.
(c) Redemption period extended.--
Whenever the real property, owned and occupied for dwelling, professional, business or agricultural purposes by a person in the military service, or his dependents, at the commencement of his military service and still so occupied by his dependents or employees, has been sold to enforce the collection of any tax or municipal claim, and such person in military service has the right to redeem the same, and the period of redemption shall expire at any time before the expiration of six months after the termination of the military service of such person, the period of redemption as to such real property shall be extended, and such person in military service shall have the right to redeem such property at any time not later than six months after the termination of the military service of such person.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7312 - Stay of eviction or distress during military service

§ 7312. Stay of eviction or distress during military service.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 73 - Military Leave of Absence › Section 7313 - Educational leave of absence

§ 7313. Educational leave of absence.
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, including, in the case of members of the Pennsylvania National Guard, active State duty, the educational institution in which the member is enrolled shall grant the member or the member's spouse a military leave of absence from their education. The member or the member's spouse shall receive an "M" or "military" on their grade transcript for all classes they are unable to complete due to a military leave of absence. Members and spouses on military leave of absence from their educational institution shall be entitled, upon the member's release from military duty, to be restored to the educational status they had attained prior to the member's being ordered to military duty without loss of academic credits earned, scholarships or grants awarded or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the educational institution to refund tuition or fees paid or to credit the tuition and fees to the next semester or term after the termination of the educational military leave of absence at the option of the student.
(Dec. 17, 1990, P.L.700, No.174, eff. imd.; July 5, 2012, P.L.1090, No.128, eff. 60 days; June 18, 2014, P.L.745, No.59, eff. 60 days)
Cross References.
Section 7313 is referred to in sections 3206, 3210.2 of this title.