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Military Affairs - 51 Pa. Cons. Stat.

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PART I. PRELIMINARY PROVISIONS
Chapter 1. General Provisions

• § 101.  Short title of title.
  This title shall be known and may be cited as the "Military and Veterans Code." (Apr. 29, 1998, P.L.296, No.49, eff. imd.) ...
• § 102.  Definitions.
  Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases ...
• § 103.  Conformity with Federal legislation.
  It is the intent of this title that it shall be in conformity with all acts and regulations of the United States affecting the same ...

PART II. PENNSYLVANIA NATIONAL GUARD,
PENNSYLVANIA GUARD AND MILITIA
SUBPART A. ORGANIZATION

Chapter 3. The Militia

• § 301.  Formation.
  (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 ...

Chapter 5. The Governor as Commander-in-Chief

• § 501.  Powers of Governor.
  The Governor of this Commonwealth as Commander-in-Chief shall have the powers enumerated hereafter in this title over the Pennsylvania military forces which includes the Pennsylvania ...
• § 502.  Acceptance of Federal allotment for Pennsylvania National Guard.
  § 502. Acceptance of Federal allotment for Pennsylvania National Guard. The Governor shall accept for the Commonwealth allotments of military personnel and equipment and their ...
• § 503.  Training and Federal property of Pennsylvania National Guard.
  § 503. Training and Federal property of Pennsylvania National Guard. The Governor shall assume the obligation of carrying out the training requirement set forth under ...
• § 504.  Permanent location of Pennsylvania National Guard units.
  The Governor shall establish the permanent location, within the boundaries of this Commonwealth, of any assigned, authorized organizations or units of the Pennsylvania National Guard ...
• § 505.  Change in organization of Pennsylvania National Guard.
  The Governor shall organize or reorganize any organization or unit of the Pennsylvania National Guard so as to conform, so far as practicable, to the ...
• § 506.  Organization of Pennsylvania Guard for emergency.
  Whenever the Pennsylvania National Guard, or any part thereof, shall be called or ordered into the service of the United States, the Governor may organize ...
• § 507.  Draft from militia for emergency.
  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 ...
• § 508.  Active duty for emergency.
  (a) State duty.--The Governor may place the Pennsylvania National Guard, or any part thereof, or when unavailable due to call or order into the service ...
• § 509.  Coordination with adjacent states.
  The Governor shall confer with the Governors or proper authorities of adjacent states for the purpose of coordinating and providing for the mutual defense and ...
• § 510.  Promulgation of regulations and rules.
  The Governor shall promulgate such rules and regulations as he may deem expedient for the government of the Pennsylvania military forces. The regulations shall conform ...
• § 511.  Issuing flags, standards and guidons.
  The Governor as Commander-in-Chief is hereby authorized to procure and issue from time to time to the Pennsylvania National Guard and Pennsylvania Guard such flags, ...
• § 512.  Display of POW/MIA flag.
  The POW/MIA flag may be displayed at the western entrance to the Fort Pitt Tunnel in Allegheny County. (Dec. 4, 1992, P.L.771, No.119, eff. imd.) ...

Chapter 7. Department of Military Affairs

• § 701.  Overall powers of department.
  (a) Powers and duties.--The department shall continue to exercise the powers and perform the duties by law vested in and imposed upon the Adjutant General ...
• § 702.  Duties of department.
  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 ...
• § 703.  Administration, supply and supervision of military forces.
  § 703. Administration, supply and supervision of military forces. The department shall be specifically responsible for the administration and supply of the Pennsylvania military forces ...
• § 704.  Advisory councils for veterans' homes.
  (a) Establishment of advisory council.--There is hereby established an advisory council for each veterans' home operated by the Commonwealth. Each advisory council shall consist of ...
• § 705.  Burial details for veterans.
  (a) Authority.--The department shall have the power to arrange for burial details for veteran soldiers who are to be interred in the Indiantown Gap National ...
• § 706.  Cooperative agreements.
  The department may enter into cooperative agreements with the Federal Government to perform certain military or training functions. A cooperative agreement shall contain any appendixes ...
• § 707.  Training areas.
  (a) Acquisition.--Upon the request of the Adjutant General and with the approval of the Governor, the Secretary of General Services is authorized to purchase, lease ...
• § 708.  Fort Indiantown Gap.
  (a) Operation.--The Adjutant General is authorized to promulgate rules, regulations and policies for the continuing operation of Fort Indiantown Gap. (b) Lease of installation.--The Adjutant ...
• § 709.  Operation of State-owned vehicles.
  The department shall have the authority to order members of the Pennsylvania National Guard to operate State-owned vehicles for the purpose of providing security to ...
• § 710.  Pennsylvania Veterans' Memorial Trust Fund.
  (a) Administration.--The separate fund in the State Treasury known as the Pennsylvania Veterans' Memorial Trust Fund shall be administered by the State Veterans' Commission, and ...

Chapter 9. The Adjutant General

• § 901.  Appointment of Adjutant General, deputies and assistants.
  CHAPTER 9 THE ADJUTANT GENERAL Sec. 901. Appointment of Adjutant General, deputies and assistants. 902. General powers and duties of Adjutant General. 903. Providing subsistence, ...
• § 902.  General powers and duties of Adjutant General.
  The Adjutant General as head of the department is responsible to the Commonwealth and to the Governor for the organization and functioning of said department, ...
• § 903.  Providing subsistence, supplies, equipment and expenses.
  § 903. Providing subsistence, supplies, equipment and expenses. The necessary subsistence, supplies, equipment and expenses incident to any active State service, including the transportation of ...
• § 904.  Payment of emergency expenses.
  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 ...
• § 905.  Approving appointment of Federal personnel.
  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 ...
• § 906.  Delegating responsibility for requisitioning Federal supplies.
  § 906. Delegating responsibility for requisitioning Federal supplies. The responsibility of requisitioning, procurement, storage and issue of Federal property, arms and equipment for use of ...
• § 907.  Augmenting department headquarters staff.
  (a) General rule.--With the approval of the Governor, the Adjutant General may augment the department headquarters with qualified personnel in the following categories: Retired Pennsylvania ...
• § 908.  Expenditures in connection with distinguished guests.
  The Adjutant General is authorized to expend, not to exceed $10,000 annually, for the carrying out of his functions under this title for the entertainment ...

Chapter 11. Pennsylvania National Guard

• § 1101.  Pennsylvania National Guard as organized peacetime force.
  CHAPTER 11 PENNSYLVANIA NATIONAL GUARD Sec. 1101. Pennsylvania National Guard as organized peacetime force. 1102. Composition and organization. 1103. General officers. 1104. Composition of units. ...
• § 1102.  Composition and organization.
  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 ...
• § 1103.  General officers.
  (a) General rule.--Persons commissioned to and holding in the Pennsylvania National Guard the rank of general officer shall be known as general officers of the ...
• § 1104.  Composition of units.
  The composition of all units of the Pennsylvania National Guard, including the commissioned and enlisted personnel thereof other than those specifically provided for in this ...
• § 1105.  Powers of a commanding general.
  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 ...
• § 1106.  Disbandment of units.
  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 ...
• § 1107.  Retention of ancient privileges.
  Any unit of artillery, cavalry or infantry existing in this Commonwealth on the passage of the act of Congress of May 8, 1792, which by ...
• § 1108.  Administration of oaths and affirmations.
  (a) General rule.--General officers, field grade officers, adjutants, administrative officers (Air Force), summary courts and judge advocates are hereby authorized and empowered to administer oaths ...

Chapter 13. Pennsylvania Guard

• § 1301.  Composition of Pennsylvania Guard.
  The Pennsylvania Guard shall consist of such units as may be prescribed by the Governor. ...
• § 1302.  Designation and change of location of units.
  The Governor shall designate the location of the several organizations and units and may change the same at his discretion. Organizations and units shall be ...
• § 1303.  General officers of Pennsylvania Guard.
  (a) General rule.--Persons commissioned to and holding in the Pennsylvania Guard the rank of general officer shall be known as general officers of the Pennsylvania ...

Chapter 15. State Armory Board

• § 1501.  Composition and general functions.
  The State Armory Board shall consist of the Adjutant General, who shall act as chairman, and eight members appointed by the Adjutant General. Three of ...
• § 1502.  Erection of armories.
  The Armory Board is hereby empowered and directed to erect or provide anywhere within the limits of this Commonwealth, upon such terms and conditions as ...
• § 1503.  Management of armories.
  The Armory Board shall constitute a board for the general management and care of said armories, when established, and shall have the power to adopt ...
• § 1504.  Purchase or lease of ground for armories.
  The Armory Board shall have full authority to purchase or lease ground in the various localities throughout this Commonwealth where it shall be deemed necessary ...
• § 1505.  Donation of land by political subdivisions.
  It shall be lawful for any county, city, borough, town or township to acquire by purchase or by gift, or by the right of eminent ...
• § 1506.  Donation of property and services by political subdivisions.
  § 1506. Donation of property and services by political subdivisions. (a) General rule.--Any political subdivision of this Commonwealth is hereby authorized and empowered, either independently ...
• § 1507.  Sale of unusable armories and land; sale or lease of timber and mineral rights.
  § 1507. Sale of unusable armories and land; sale or lease of timber and mineral rights. (a) General rule.-- (1) Whenever, in the opinion of ...
• § 1508.  Payment of armory rentals by Commonwealth.
  The annual rental of all armories and buildings not owned by the Commonwealth and occupied by any organization, shall be paid by the State Treasurer ...
• § 1509.  Rental of armories.
  The State Armory Board may issue such rules and regulations for the rental of armories for non-military purposes to responsible persons or organizations at scheduled ...
• § 1510.  Property in armories of units in Federal service.
  (a) Custody and use.--When units of the Pennsylvania National Guard are called or ordered into the service of the United States, all furniture, permanent property ...
• § 1511.  State Treasury Armory Fund.
  (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 ...
• § 1512.  Maintenance, construction and repairs.
  Notwithstanding the provisions of any other law to the contrary, the Armory Board may carry out all maintenance activities with respect to an armory if ...

Chapter 17. State Veterans' Commission and Deputy Adjutant
General for Veterans' Affairs
Subchapter A. State Veterans' Commission

• § 1701.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 1702.  State Veterans' Commission.
  (a) Establishment.--There is hereby established within the department an advisory commission to be known as the State Veterans' Commission. (b) Composition.--The commission shall be composed ...
• § 1703.  General powers and duties.
  The commission shall advise the Adjutant General and the department on all matters pertaining to the status, welfare, benefits, employment and support of veterans and ...
• § 1704.  Specific powers and duties.
  The commission shall have the following powers and duties: (1) Advise the Adjutant General upon such matters as the Adjutant General may bring before it. ...
• § 1705.  Veterans' home hall of fame.
  (a) General rule.--Each veterans' home operated by the Commonwealth shall establish and dedicate a hall of fame to recognize and honor the military achievements of ...

Subchapter B. Deputy Adjutant General for Veterans' Affairs

• § 1711.  Qualifications and status.
  (a) Deputy Adjutants General.--In addition to such other Deputy Adjutants General as may be named in the department, there shall be a Deputy Adjutant General ...
• § 1712.  Specific duties.
  In addition to such other duties as may be provided by law or as assigned by the Adjutant General, the Deputy Adjutant General for Veterans' ...

Chapter 19. Pennsylvania Veterans' Memorial Commission

• § 1901.  Legislative findings (Expired).
  CHAPTER 19 PENNSYLVANIA VETERANS' MEMORIAL COMMISSION Sec. 1901. Legislative findings (Expired). 1902. Definitions (Expired). 1903. Pennsylvania Veterans' Memorial Commission (Expired). 1904. Duties of commission (Expired). ...
• § 1902.  Definitions (Expired).
  § 1902. Definitions (Expired). 2005 Expiration. Section 1902 expired June 30, 2005. See Act 8 of 2003. ...
• § 1903.  Pennsylvania Veterans' Memorial Commission (Expired).
  § 1903. Pennsylvania Veterans' Memorial Commission (Expired). 2005 Expiration. Section 1903 expired June 30, 2005. See Act 8 of 2003. ...
• § 1904.  Duties of commission (Expired).
  § 1904. Duties of commission (Expired). 2005 Expiration. Section 1904 expired June 30, 2005. See Act 8 of 2003. ...
• § 1905.  Pennsylvania Veterans' Memorial Trust Fund.
  (a) Establishment and administration.--There is hereby established a separate fund in the State Treasury to be known as the Pennsylvania Veterans' Memorial Trust Fund. The ...
• § 1906.  Expiration.
  Sections 1901, 1902, 1903 and 1904 of this chapter shall expire June 30, 2005. (Dec. 21, 1995, P.L.737, No.80, eff. imd.; June 25, 1999, P.L.233, ...
SUBPART B. OFFICERS AND ENLISTED PERSONNEL

Chapter 21. General Service

• § 2101.  Exemption from militia duty.
  (a) General rule.--Members of the General Assembly, the judiciary and such other persons as the Governor by executive order may decree shall be exempt from ...

Chapter 23. Pennsylvania National Guard

• § 2301.  Appointment of commissioned officers.
  All commissioned officers shall be appointed by the Governor and be commissioned according to the rank in the arm or service in which they are ...
• § 2302.  Appointment of warrant officers.
  All warrant officers shall be appointed by the Governor and the warrant will bear the grade and warrant officer classification. Warrant officers shall meet all ...
• § 2303.  Oath of commissioned and warrant officers.
  All commissioned officers and warrant officers shall take the following oath: "I,.........., do solemnly swear or affirm that I will support and defend the Constitution ...
• § 2304.  Compensation of division commander or equivalent.
  When a general officer commanding a division or the commanding officer of nondivisional troops equivalent in size to a separate infantry brigade is permanently employed ...
• § 2305.  Promotion of commissioned and warrant officers.
  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 ...
• § 2306.  Powers of commissioned, warrant and noncommissioned officers.
  § 2306. Powers of commissioned, warrant and noncommissioned officers. Commissioned officers, warrant officers and noncommissioned officers of the Pennsylvania National Guard under their State commissions ...
• § 2307.  Uniforms of commissioned officers.
  Every commissioned officer and warrant officer shall furnish his own uniforms which shall be as prescribed by the Adjutant General, in accordance with Federal rules ...
• § 2308.  Term of commissioned and warrant officers.
  The term of every commissioned officer and warrant officer shall be permanent or until terminated by reason of death, retirement, physical disqualification, acceptance by proper ...
• § 2309.  Discharge and removal of commissioned and warrant officers.
  § 2309. Discharge and removal of commissioned and warrant officers. (a) Discharge for unfitness.--At any time, the moral character, capacity and general fitness for the ...
• § 2310.  Holding officers as supernumerary pending settlement.
  A commissioned officer responsible for Commonwealth funds or Commonwealth property or property of the United States issued to him by the Adjutant General or United ...
• § 2311.  Enlistment of enlisted personnel.
  (a) Qualifications.--Every enlisted person shall meet all the qualifications prescribed by the laws of the United States and the rules and regulations promulgated thereunder. (b) ...
• § 2312.  Discharge of enlisted personnel.
  (a) General rule.--An enlisted person discharged from service in the Pennsylvania National Guard shall receive a discharge in writing in such form and with such ...
• § 2313.  Retired Pennsylvania National Guard personnel.
  (a) Promotions.--Every former officer, warrant officer or enlisted person shall, upon application to the Adjutant General after his or her retirement, be promoted to the ...
• § 2314.  Status when called into temporary Federal service.
  (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 ...
• § 2315.  Status when ordered into active Federal service.
  (a) General rule.--When any or all of the units and members of the Pennsylvania National Guard are ordered into the active military service of the ...
• § 2316.  Transfer of unaccepted personnel to Pennsylvania Guard.
  When the Pennsylvania National Guard, or any part thereof, is ordered or called into the service of the United States, officers, warrant officers and enlisted ...
• § 2317.  Temporary commander of unit.
  When a unit is without commissioned officers from any cause, the commanding officer of the next higher unit in the military chain of command of ...

Chapter 25. Pennsylvania Guard

• § 2501.  Oath of commissioned officers.
  Each commissioned officer before entering upon the duties of his appointment shall take and subscribe the following oath: "I, .........., do solemnly swear that I ...
• § 2502.  Physical qualifications of officers and enlisted personnel.
  § 2502. Physical qualifications of officers and enlisted personnel. The Governor will, by executive order, prescribe the age limitations and physical qualifications which will govern ...
• § 2503.  Enlistment contract and oath.
  Every person enlisting in the Pennsylvania Guard shall sign an enlistment contract and take and subscribe to the following oath of enlistment: "I do hereby ...
• § 2504.  Retirement of commissioned officers and enlisted personnel.
  § 2504. Retirement of commissioned officers and enlisted personnel. Commissioned officers and enlisted personnel of the Pennsylvania Guard shall be controlled by section 2313 (relating ...
SUBPART C. PAY, ALLOWANCES, BENEFITS AND MEDALS

Chapter 31. Pennsylvania National Guard

• § 3101.  Pay of officers and enlisted personnel on special duty.
  Members of the Pennsylvania National Guard or Pennsylvania Guard may be ordered upon special duty at the discretion of the Governor and shall receive the ...
• § 3102.  Pay of officers and enlisted personnel in active State service.
  § 3102. Pay of officers and enlisted personnel in active State service. (a) General rule.--When the Pennsylvania National Guard or Pennsylvania Guard, or any part ...
• § 3103.  Transportation and expenses of personnel on special duty.
  § 3103. Transportation and expenses of personnel on special duty. Personnel in attendance upon court-martial, boards of examination, fitness boards and other necessary duty as ...
• § 3104.  Tuition credit (Repealed).
  § 3104. Tuition credit (Repealed). 1996 Repeal Note. Section 3104 was repealed June 19, 1996, P.L.344, No.56, effective July 1, 1996. The subject matter is ...
• § 3105.  Association group life insurance for Pennsylvania National Guard.
  § 3105. Association group life insurance for Pennsylvania National Guard. (a) Voluntary participation for group life insurance.--The Adjutant General may approve issuance of group life ...

Chapter 32. Educational Assistance Program

• § 3201.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 3202.  Eligibility.
  (a) General rule.--A Pennsylvania National Guard member is eligible to receive a public service educational grant under this chapter if the member meets all of ...
• § 3203.  Certification of eligibility.
  The department shall certify members of the Pennsylvania National Guard as eligible to participate in the program who meet the eligibility criteria set forth in ...
• § 3204.  Grants.
  (a) General rule.--From the funds appropriated specifically for the purposes of this chapter, grants shall be provided to eligible members for the purpose of pursuing ...
• § 3205.  Amount of grants.
  (a) Full-time student assistance grants.--Grants awarded under this chapter to full-time students shall be determined by the agency without regard to financial need and shall ...
• § 3206.  Limitations.
  (a) Time.-- (1) Except as otherwise provided in paragraph (2), no member shall be eligible for full-time or part-time student assistance grants or a combination ...
• § 3207.  Recoupment of grant payments.
  (a) General rule.--An eligible member who fails to meet the requirements of this chapter as a result of participation in this program or to meet ...
• § 3208.  Regulations.
  The Adjutant General and the agency may promulgate regulations to carry out the provisions of this chapter. ...
• § 3209.  Administration.
  The General Assembly shall appropriate funds to pay full-time and part-time student assistance grants under this chapter. A portion of the funds appropriated may be ...
• § 3210.  Educational Assistance Fund.
  § 3210. Educational Assistance Program Fund. All moneys appropriated for the purposes of this chapter and all investment income earned on those moneys shall be ...

Chapter 33. Pennsylvania Guard

• § 3301.  Pay and expenses of officers and enlisted personnel.
  (a) Armory drills.--All officers and enlisted personnel will receive pay for armory assemblies not to exceed 60 assembly days in any one year. The rate ...
• § 3302.  Uniforms, arms and equipment.
  The Governor is authorized to requisition from the Department of Defense such uniforms, arms and equipment as may be available for use of the Pennsylvania ...
• § 3303.  Pennsylvania National Guard laws generally to apply.
  All laws or sections of laws of this Commonwealth pertaining to the Pennsylvania National Guard shall be applicable and shall govern the Pennsylvania Guard except ...

Chapter 35. Disability Relief and Pensions

• § 3501.  Relief for disability incurred in active State service.
  (a) General rule.--If any member of the Pennsylvania National Guard is injured or otherwise disabled, or dies as a result of injuries or other disability ...
• § 3502.  Deceased soldier's dependents' pension.
  (a) Amount and persons entitled.--A pension may be paid to either the widow or widower or minor children or dependent parent of any member of ...
• § 3503.  Tuition waiver for children and spouses of deceased soldiers.
  § 3503. Tuition waiver for children and spouses of deceased soldiers. (a) Children.--The children of members of the Pennsylvania National Guard who were killed or ...

Chapter 37. Decorations, Medals, Badges and Awards

• § 3701.  Authorized decorations, medals, badges and awards.
  (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 ...
• § 3702.  Specifications.
  The Adjutant General shall prescribe the detailed specifications and design for said decorations, medals, badges and awards, and is authorized to procure those items in ...
• § 3703.  Wearing of military insignia by municipal employees.
  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, ...
• § 3704.  Saving provision.
  Nothing in this chapter shall be construed as to invalidate or repeal any decorations, medals, badges or awards heretofore presented. ...
• § 3705.  Furnishing United States flag for deceased members.
  (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: ...
SUBPART D. RIGHTS AND IMMUNITIES

Chapter 41. Rights and Immunities

• § 4101.  Equality of treatment and opportunity for members.
  It is hereby declared to be the policy of this Commonwealth that there shall be equality of treatment and opportunity for all persons in the ...
• § 4102.  Leaves of absence for certain government employees.
  (a) Mandatory.-- (1) All officers and employees of a political subdivision, or its instrumentalities, who are members of the Pennsylvania National Guard, shall be entitled ...
• § 4103.  Exemption of uniforms and equipment.
  The uniform and accoutrements of every commissioned officer and enlisted person shall be free from all suits, distresses, executions or sales for debt or payment ...
• § 4104.  Exemption from arrest.
  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 ...
• § 4105.  Exemption from civil process.
  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 ...
• § 4106.  Exemptions from further military service and jury duty.
  In addition to the exemptions now allowed by law, any person who shall have performed duty in the Pennsylvania National Guard for a period of ...
• § 4107.  Legal aid.
  Members of the Pennsylvania Military Forces on State duty shall receive legal assistance from the Commonwealth for any charge of criminal or civil liability resulting ...
• § 4108.  Liability of Commonwealth for judgments against personnel on State duty.
  § 4108. Liability of Commonwealth for judgments against personnel on State duty. The Commonwealth of Pennsylvania shall be responsible for the payment of all judgments ...

PART III. INTERSTATE RELATIONS
Chapter 45. Interstate Compact

• § 4501.  Interstate compact for mutual military aid.
  The Commonwealth of Pennsylvania does hereby join, approve and become a party to a solemn compact with the State of New Jersey and the State ...

Chapter 47. Fresh Pursuit by Military Forces

• § 4701.  Fresh pursuit by Commonwealth forces.
  (a) General rule.--No military forces of this Commonwealth, other than the Pennsylvania National Guard, shall be required to serve outside the boundaries of this Commonwealth, ...
• § 4702.  Fresh pursuit by forces of other states.
  (a) General rule.--Any military forces, or organization, unit or detachment thereof, of another state, who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy ...

PART IV. MILITARY JUSTICE
Chapter 51. General Provisions

• § 5100.  Short title of part.
  This part shall be known and may be cited as the "Pennsylvania Code of Military Justice." ...
• § 5101.  Definitions.
  The following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this ...
• § 5102.  Persons subject to part.
  This part applies to all members of the State military forces who are not in Federal service. ...
• § 5103.  Jurisdiction to try certain personnel.
  (a) Discharge obtained fraudulently.--Each person subject to this part discharged from the State military forces who is later charged with having fraudulently obtained his discharge ...
• § 5104.  Dismissal of commissioned officer.
  (a) Court-martial proceedings.--Any commissioned officer, subject to this part dismissed by order of the Governor, may make a written application for trial by court-martial, setting ...
• § 5105.  Territorial applicability.
  (a) General rule.--This part applies throughout this Commonwealth. It also applies to all persons otherwise subject to this part while they are serving outside this ...
• § 5106.  Judge advocates and legal officers.
  (a) Appointment of State Judge Advocate.--The Governor, on the recommendation of the Adjutant General, shall appoint a judge advocate officer of the State military forces ...

Chapter 52. Apprehension and Restraint

• § 5201.  Apprehension.
  (a) Definition.--Apprehension is the taking of a person subject to this part into custody. (b) Persons authorized to apprehend.--Any person authorized by this part, or ...
• § 5202.  Apprehension of persons absent without leave.
  Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or of ...
• § 5203.  Imposition of restraint.
  (a) Definitions.--Arrest is the restraint of a person subject to this part by an order, not imposed as a punishment for an offense, directing him ...
• § 5204.  Restraint of persons charged with offenses.
  (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 ...
• § 5205.  Confinement in jails.
  Persons subject to this part confined other than in a military installation, whether before, during or after trial by a military court, shall be confined ...
• § 5206.  Reports and receiving of prisoners.
  (a) Duty to receive prisoner.--No provost marshal, commander of a guard, warden, keeper, or officer of a municipal, county, or State place of confinement may ...
• § 5207.  Punishment prohibited before trial.
  Subject to section 5803 (relating to effective date of sentences), no person subject to this part, while being held for trial or the result of ...
• § 5208.  Delivery of offenders to civil authorities.
  (a) General rule.--Under such regulations as may be prescribed under this part, a person subject to this part on active State duty, accused of an ...

Chapter 53. Nonjudicial Punishment

• § 5301.  Commanding officer's nonjudicial punishment.
  (a) General rule.--Under such regulations as the Governor may prescribe, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose ...

Chapter 54. Courts-martial Jurisdiction

• § 5401.  Courts-martial classified.
  The three kinds of courts-martial in the State military forces are: (1) General courts-martial, consisting of: (i) a military judge and not less than five ...
• § 5402.  Jurisdiction of courts-martial in general.
  Each force of the State military forces has court-martial jurisdiction over all persons subject to this part. The exercise of jurisdiction by one force over ...
• § 5403.  Jurisdiction of general courts-martial.
  Subject to section 5402 (relating to jurisdiction of courts- martial in general), general courts-martial have jurisdiction to try persons subject to this part for any ...
• § 5404.  Jurisdiction of special courts-martial.
  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, except ...
• § 5405.  Jurisdiction of summary courts-martial.
  (a) General rule.--Subject to section 5402 (relating to jurisdiction of courts-martial in general), summary courts- martial shall have jurisdiction to try enlisted persons subject to ...
• § 5406.  Sentences of dismissal, dishonorable discharge or bad conduct to be approved by the Governor.
  § 5406. Sentences of dismissal, dishonorable discharge or bad conduct to be approved by the Governor. In the State military forces, no sentence of dismissal, ...
• § 5407.  Record of bad conduct discharge proceedings.
  A bad conduct discharge may not be adjudged by any special court-martial unless a complete written record of the proceedings and testimony before the court ...
• § 5408.  Confinement instead of fine.
  In the State military forces, a court-martial may sentence to confinement for not more than one day for each dollar of the authorized fine. ...

Chapter 55. Appointment and Composition of Courts-martial

• § 5501.  Who may convene general courts-martial.
  (a) General rule.--General courts-martial may be convened by any of the following: (1) The Governor. (2) The Adjutant General. (3) The commanding officer of a ...
• § 5502.  Who may convene special courts-martial.
  In the State military forces any person authorized to convene a general court-martial, the commanding officer of a garrison, fort, post, camp, station, air base, ...
• § 5503.  Who may convene summary courts-martial.
  (a) General rule.--In the State military forces any person authorized to convene a general or special court-martial, the commanding officer of a garrison, fort, post, ...
• § 5504.  Who may serve on courts-martial.
  (a) Commissioned officer.--Any commissioned officer of the State military forces is eligible to serve on all courts-martial for the trial of any person who may ...
• § 5505.  Military judge of a general or special court-martial.
  (a) Appointment and eligibility.--The authority convening a general or special court-martial shall appoint as military judge thereof a commissioned officer who is a member of ...
• § 5506.  Appointment of trial counsel and defense counsel.
  (a) General rule.--For each general and special court- martial the authority convening the court shall appoint trial counsel and defense counsel, and such assistants as ...
• § 5507.  Appointment or employment of reporters and interpreters.
  § 5507. Appointment or employment of reporters and interpreters. Under such regulations as the Governor may prescribe, the convening authority of a general or special ...
• § 5508.  Absent and additional members.
  (a) Authorized absence.--No member of a general or special court-martial shall be absent or excused after the court has been assembled for the trial of ...

Chapter 56. Pretrial Procedure

• § 5601.  Charges and specifications.
  (a) Execution and contents.--Charges and specifications shall be signed by a person subject to this part under oath before a person authorized by this part ...
• § 5602.  Compulsory self-incrimination prohibited.
  (a) General rule.--No person subject to this part shall compel any person to incriminate himself or to answer any question the answer to which may ...
• § 5603.  Investigation.
  (a) General rule.--No charge or specification shall be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters ...
• § 5604.  Forwarding of charges.
  When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or ...
• § 5605.  Advice of staff judge advocate and reference for trial.
  (a) General rule.--Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration ...
• § 5606.  Service of charges.
  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 ...

Chapter 57. Trial Procedure

• § 5701.  Governor may prescribe rules.
  (a) General rule.--The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the Governor by regulations, ...
• § 5702.  Unlawfully influencing action of court.
  (a) General rule.--No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, ...
• § 5703.  Duties of trial counsel and defense counsel.
  (a) Trial counsel.--The trial counsel of a general or special court-martial shall prosecute in the name of the Commonwealth, and shall, under the direction of ...
• § 5704.  Sessions.
  (a) Proceedings in absence of members.--At any time after the service of charges which have been referred for trial to a court-martial composed of a ...
• § 5705.  Continuances.
  The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as ...
• § 5706.  Challenges.
  (a) Challenges for cause.--The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for ...
• § 5707.  Oaths.
  (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 ...
• § 5708.  Statute of limitations.
  (a) No limitation.--A person subject to this part, charged with desertion or absence without leave in time of war or with aiding the enemy or ...
• § 5709.  Former jeopardy.
  (a) General rule.--No person subject to this part shall, without his consent, be tried a second time for the same offense in a military court ...
• § 5710.  Pleas of the accused.
  (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 ...
• § 5711.  Opportunity to obtain witnesses and other evidence.
  (a) General rule.--The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such ...
• § 5712.  Refusal to appear or testify.
  Any person not subject to this part who has been duly subpoenaed to appear as a witness or to produce books and records before a ...
• § 5713.  Contempts.
  A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings ...
• § 5714.  Depositions.
  (a) General rule.--At any time after charges have been signed, as provided in section 5601 (relating to charges and specifications) any party may take oral ...
• § 5715.  Admissibility of records of courts of inquiry.
  (a) Court-martial.--In any case not extending to dismissal or dishonorable discharge, the sworn testimony, contained in the duly authenticated record of proceedings of a court ...
• § 5716.  Voting and rulings.
  (a) Findings, sentences and challenges.--Voting by members of a general or special court-martial on the findings and on the sentence and by members of a ...
• § 5717.  Number of votes required.
  (a) Conviction.--No person subject to this part shall be convicted of any offense, except as provided in section 5710(b) (relating to pleas of the accused) ...
• § 5718.  Court to announce action.
  Every court-martial shall announce its findings and sentence to the parties as soon as determined. ...
• § 5719.  Record of trial.
  (a) General court-martial.--Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated ...

Chapter 58. Sentences

• § 5801.  Cruel and unusual punishments prohibited.
  Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any ...
• § 5802.  Maximum limits.
  The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor may prescribe for that offense subject to ...
• § 5803.  Effective date of sentences.
  (a) Forfeiture of pay and allowances.--Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition ...
• § 5804.  Execution of confinement.
  (a) Place of confinement.--A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not ...

Chapter 59. Review of Courts-martial

• § 5901.  Error of law; lesser included offense.
  (a) Error of law.--A finding or sentence of court-martial shall not be held incorrect on the ground of an error of law unless the error ...
• § 5902.  Initial action on the record.
  After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the ...
• § 5903.  Action on general court-martial records.
  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 ...
• § 5904.  Reconsideration and revision.
  (a) Reconsideration of motion dismissing specification.--If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding ...
• § 5905.  Rehearings.
  (a) General rule.--If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in ...
• § 5906.  Approval by the convening authority.
  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 ...
• § 5907.  Disposition of records after review by the convening authority.
  § 5907. Disposition of records after review by the convening authority. (a) Final action by Governor.--When the Governor has taken final action in a court-martial ...
• § 5908.  Review in the office of the State Judge Advocate.
  Every record of trial by general court-martial in which there has been a finding of guilty and a sentence, and every record of trial by ...
• § 5909.  Review by a board of review.
  (a) Composition of boards of review.--The State Judge Advocate may constitute one or more boards of review, each composed of not less than three commissioned ...
• § 5910.  Appellate counsel.
  Upon review of the record of trial by general court-martial in which there has been a finding of guilty and a sentence and upon review ...
• § 5911.  Execution of sentence; suspension of sentence.
  (a) Approval of certain sentences by Governor.--No sentence extending to the dismissal of a commissioned officer or dishonorable discharge or bad-conduct discharge shall be executed ...
• § 5912.  Vacation of suspension.
  (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, ...
• § 5913.  Petition for a new trial.
  At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable discharge or bad-conduct discharge, ...
• § 5914.  Remission and suspension.
  (a) General rule.--A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures, other ...
• § 5915.  Restoration.
  (a) General rule.--Under such regulations as the Governor may prescribe, all rights, privileges, and property affected by an executed portion of a court-martial sentence which ...
• § 5916.  Finality of proceedings, findings and sentences.
  The proceedings, findings and sentences of courts-martial as reviewed and approved, as required by this part, and all dismissals and discharges carried into execution under ...

Chapter 60. Punitive Sections

• § 6001.  Principals.
  Any person subject to this part who: (1) commits an offense punishable by this part, or aids, abets, counsels, commands, or procures its commission; or ...
• § 6002.  Accessory after the fact.
  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 ...
• § 6003.  Conviction of lesser included offense.
  An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged ...
• § 6004.  Attempts.
  (a) Attempt defined.--An act, done with specific intent to commit an offense under this part, amounting to more than mere preparation and tending, even though ...
• § 6005.  Conspiracy.
  Any person subject to this part who conspires with any other person to commit an offense under this part shall, if one or more of ...
• § 6006.  Solicitation.
  (a) Desertion and mutiny.--Any person subject to this part who solicits or advises another or others to desert in violation of section 6009 (relating to ...
• § 6007.  Fraudulent enlistment, appointment or separation.
  Any person who: (1) procures his own enlistment or appointment in the State military forces by knowingly false representation or deliberate concealment as to his ...
• § 6008.  Unlawful enlistment, appointment, or separation.
  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 ...
• § 6009.  Desertion.
  (a) Offense defined.--Any member of the State military forces who: (1) without authority goes or remains absent from his unit, organization or place of duty ...
• § 6010.  Absence without leave.
  (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; ...
• § 6011.  Missing movement.
  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 ...
• § 6012.  Contempt towards officials.
  Any person subject to this part who uses contemptuous words against the President of the United States, Vice-President of the United States, Congress, Secretary of ...
• § 6013.  Disrespect towards superior commissioned officer.
  Any person subject to this part who behaves with disrespect towards his superior commissioned officer shall be punished as a court-martial may direct. ...
• § 6014.  Assaulting or willfully disobeying superior commissioned officer.
  § 6014. Assaulting or willfully disobeying superior commissioned officer. Any person subject to this part who: (1) strikes his superior commissioned officer or draws or ...
• § 6015.  Insubordinate conduct toward warrant officer, noncommissioned officer.
  § 6015. Insubordinate conduct toward warrant officer, noncommissioned officer. Any warrant officer or enlisted member who: (1) strikes or assaults a warrant officer, noncommissioned officer, ...
• § 6016.  Failure to obey order or regulation.
  Any person subject to this part who: (1) violates or fails to obey any lawful general order or regulation; or (2) having knowledge of any ...
• § 6017.  Cruelty and maltreatment.
  Any person subject to this part who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be ...
• § 6018.  Mutiny or sedition.
  (a) Offenses defined.--Any person subject to this part who: (1) with intent to usurp or override lawful military authority refuses, in concert with any other ...
• § 6019.  Resistance, breach of arrest, and escape.
  Any person subject to this part who resists apprehension or breaks arrest or who escapes from custody, restraint, or confinement imposed under this part shall ...
• § 6020.  Releasing prisoner without proper authority.
  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 ...
• § 6021.  Unlawful detention of another.
  Any person subject to this part who, except as provided by law or regulation, apprehends, arrests, restrains, or confines any person shall be punished as ...
• § 6022.  Noncompliance with procedural rules.
  Any person subject to this part who: (1) is responsible for unnecessary delay in the disposition of any case of a person accused of an ...
• § 6023.  Misbehavior before the enemy.
  Any person subject to this part who before or in the presence of the enemy: (1) runs away; (2) shamefully abandons, or surrenders any command, ...
• § 6024.  Subordinate compelling surrender.
  Any person subject to this part who compels or attempts to compel a commander of any place, vessel, aircraft, or other military property, or of ...
• § 6025.  Improper use of countersign.
  Any person subject to this part who discloses the parole or countersign to any person not entitled to receive it, or who gives to another ...
• § 6026.  Forcing a safeguard.
  Any person subject to this part who forces a safeguard shall be punished as a court-martial may direct. ...
• § 6027.  Captured or abandoned property.
  (a) Duty to secure property.--All persons subject to this part shall secure all public property taken from the enemy for the service of the United ...
• § 6028.  Aiding the enemy.
  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) ...
• § 6029.  Misconduct of a prisoner.
  Any person subject to this part who, while in the hands of the enemy: (1) for the purpose of securing favorable treatment by his captors ...
• § 6030.  False official statements.
  Any person subject to this part who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing the same ...
• § 6031.  Loss, damage, destruction or wrongful disposition of military property.
  § 6031. Loss, damage, destruction or wrongful disposition of military property. Any person subject to this part, who without proper authority; (1) sells or otherwise ...
• § 6032.  Waste, spoilage, or destruction of nonmilitary property.
  § 6032. Waste, spoilage, or destruction of nonmilitary property. Any person subject to this part who, while in a duty status, willfully or recklessly wastes, ...
• § 6033.  Improper hazarding of vessel.
  (a) Willful conduct.--Any person subject to this part who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of ...
• § 6034.  Drunken or reckless driving.
  Any person subject to this part who while in a duty status operates any vehicle while drunk, or in a reckless or wanton manner, shall ...
• § 6035.  Drunk on duty, sleeping on post and leaving post before relief.
  § 6035. Drunk on duty, sleeping on post and leaving post before relief. Any person subject to this part who is found drunk on duty ...
• § 6036.  Dueling.
  Any person subject to this part who, while in a duty status, fights or promotes, or is concerned in or connives at fighting a duel, ...
• § 6037.  Malingering.
  Any person subject to this part who for the purpose of avoiding work, duty or service in the State military forces: (1) feigns illness, physical ...
• § 6038.  Riot or breach of peace.
  Any person subject to this part who while in a duty status causes or participates in any riot or breach of the peace shall be ...
• § 6039.  Provoking speeches or gestures.
  Any person subject to this part who while in a duty status uses provoking or reproachful words or gestures towards any other person subject to ...
• § 6040.  Perjury.
  Any person subject to this part who in a judicial proceeding or in a course of justice conducted under this part willfully and corruptly gives, ...
• § 6041.  Frauds against the 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, ...
• § 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 ...
• § 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 ...
• § 6044.  Conduct unbecoming an officer and a gentleman.
  Any commissioned officer who is convicted of conduct unbecoming of an officer and a gentleman shall be punished as a court-martial may direct. ...
• § 6045.  General article.
  Though not specifically mentioned in this part, all disorders and neglects to the prejudice of good order and discipline in the State military forces, and ...
• § 6046.  Embezzlement.
  Any person subject to this part who shall embezzle, misapply or convert to his own use, without authority, any moneys received by or entrusted to ...
• § 6047.  Purchasing and receiving military property in pawn.
  If any person shall knowingly and willfully purchase, or receive in pawn or pledge any military property of the Commonwealth of Pennsylvania or of the ...

Chapter 61. Miscellaneous Provisions

• § 6101.  Courts of inquiry.
  (a) Who may convene.--Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any ...
• § 6102.  Authority to administer oaths.
  (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) ...
• § 6103.  Text of part to be available.
  A complete text of this part and of the regulations prescribed by the Governor thereunder shall be made available to any member of the State ...
• § 6104.  Complaints of wrongs.
  Any member of the State military forces who believes himself wronged by his commanding officer, and who, upon due application to such commander, is refused ...
• § 6105.  Redress of injuries 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 ...
• § 6106.  Execution of process and sentence.
  In the State military forces, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of this ...
• § 6107.  Disposition of fines and penalties.
  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 ...
• § 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 ...
• § 6109.  Compensation of court.
  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 ...
• § 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 ...
• § 6111.  Delegation of authority by the Governor.
  The Governor may delegate any authority vested in him under this part, and may provide for the subdelegation of any such authority, except the power ...
• § 6112.  Uniformity of interpretation.
  This part shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it and, so ...

PART V. EMPLOYMENT PREFERENCES AND PENSIONS
Chapter 71. Veterans' Preference

• § 7101.  Soldier defined.
  As used in this chapter, "soldier" means a person who served or hereafter serves in the armed forces of the United States, or in any ...
• § 7102.  Credits in civil service examinations.
  (a) General rule.--When any soldier shall take any civil service appointment or promotional examination for a public position under the Commonwealth, or under any political ...
• § 7103.  Additional points in grading civil service examinations.
  § 7103. Additional points in grading civil service examinations. (a) Commonwealth examinations.--Whenever any soldier shall successfully pass a civil service appointment or promotional examination for ...
• § 7104.  Preference in appointment or promotion.
  (a) Non-civil service.--Whenever any soldier possesses the requisite qualifications and is eligible to appointment to or promotion in a public position, where no such civil ...
• § 7105.  Lack of training, age or physical impairment.
  The lack of academic or scholastic training or experience, age, loss of limb or other physical impairment which does not in fact incapacitate any such ...
• § 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 ...
• § 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 ...
• § 7108.  Preference of spouses.
  The same preferential rating given to soldiers under the provisions of this chapter shall be extended to include the spouses of deceased or disabled soldiers. ...
• § 7109.  Law exclusive.
  This chapter shall be construed as being the exclusive law applying to the Commonwealth, and its political subdivisions, in giving preference to soldiers in appointment ...

Chapter 73. Military Leave of Absence

• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 7306.  Retirement rights.
  (a) Options available to employees.--Any employee who is a member of a retirement system at the time he is granted a military leave of absence ...
• § 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 ...
• § 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 ...
• § 7309.  Employment discrimination for military membership or duty.
  § 7309. Employment discrimination for military membership or duty. (a) General rule.--It is unlawful for the Commonwealth or any of its departments, boards, commissions, agencies ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 7314.  Stay of proceedings when military service affects conduct thereof.
  § 7314. Stay of proceedings when military service affects conduct thereof. At any stage thereof any action or proceeding in any court in which a ...
• § 7315.  Termination of leases and similar obligations by military personnel.
  § 7315. Termination of leases and similar obligations by military personnel. (a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are ...
§ 7315.1. Early termination of housing rental agreement by
military personnel.


• § 7316.  Maximum rates of interest and scheduling of debts.
  (a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are called or ordered to active duty with the armed forces of ...
• § 7317.  Deferred motor vehicle insurance coverage.
  (a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are called or ordered to active duty with the armed forces of ...
• § 7318.  Unemployment compensation benefits.
  (a) General rule.--Compensation payable under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, shall not be ...
• § 7319.  Military family relief assistance.
  (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 ...

Chapter 75. Professional and Occupational Licenses

• § 7501.  Definition.
  As used in this chapter, the word "person" means any individual, whether male or female, who may, have been, is now or may hereafter become ...
• § 7502.  Retention of licenses and certifications of persons entering military service.
  § 7502. Retention of licenses and certifications of persons entering military service. (a) General rule.--Any person licensed or certified by the Department of State, Department ...
• § 7503.  Applicability of chapter (Deleted by amendment).
  § 7503. Applicability of chapter (Deleted by amendment). 2006 Amendment. Section 7503 was deleted by amendment Nov. 29, 2006, P.L.1459, No.161, effective immediately. ...
§ 7503.1. Applicability of chapter.
Chapter 77. Veterans' Pensions and Benefits

• § 7701.  Blind veteran's pension.
  (a) Definition.--As used in this section the term "blind veteran" shall mean any person who served in the military or naval forces of the United ...
• § 7702.  Paralyzed veteran's pension.
  (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 ...

Chapter 79. Veterans' Litigation Awards

• § 7901.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 7902.  Veterans' litigation awards.
  (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 ...

PART VI. MISCELLANEOUS PROVISIONS
Chapter 85. Veterans' Emergency Assistance

• § 8501.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 8502.  Purpose.
  The purpose of the Veterans' Emergency Assistance Program is to provide temporary financial assistance to eligible veterans, their unmarried surviving spouses and surviving dependents when ...
• § 8503.  Eligibility.
  In order to qualify for the Veterans' Emergency Assistance Program, applicants must demonstrate that: (1) They are eligible veterans or surviving dependents of eligible veterans. ...
• § 8504.  Amounts of assistance.
  (a) Maximum amount.--In no event shall veterans' emergency assistance payments exceed the maximum assistance payable for a family of the same size under the act ...
• § 8505.  Appeals.
  Any person aggrieved by a decision denying payment of veterans' emergency assistance may appeal to the Adjutant General under provisions of Title 2 (relating to ...

Chapter 87. Educational Gratuity Program

• § 8701.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 8702.  Educational gratuity payments.
  (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 ...
• § 8703.  Eligibility and qualification requirements.
  (a) Eligibility standards.--The following requirements shall be used to determine the eligibility of applicants for educational gratuity payments. The applicant shall be: (1) Not less ...

Chapter 89. Disabled Veterans' Real Estate Tax Exemption

• § 8901.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 8902.  Exemption.
  (a) General rule.--Any resident of this Commonwealth shall be exempt from the payment of all real estate taxes levied upon any building, including the land ...
• § 8903.  Duty of board.
  When the conditions specified in section 8902 (relating to exemption) are determined to exist by the board for the assessment and revision of taxes, or ...
• § 8904.  Duty of commission.
  The commission shall: (1) Fix uniform and equitable standards for determining the need for exemption from the payment of real estate taxes granted by this ...
• § 8905.  Appeals.
  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 ...
• § 8906.  Limitation on sale of exempt real estate.
  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 ...

Chapter 91. Oaths, Affirmations and Acknowledgments

• § 9101.  Acknowledgments and administering oaths without charge.
  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, ...
• § 9102.  Affidavits and acknowledgments by designated officers.
  (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., ...

Chapter 92. Certified Copies of Documents

• § 9201.  Certified copies of documents furnished without charge.
  (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 ...

Chapter 93. Veterans' Organizations

• § 9301.  Reports of annual conventions.
  (a) Printing and distribution by Commonwealth.--Whenever the department commanders of the Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign ...
• § 9302.  Veterans' associations accompanied by military bands to places of interment or divine services.
  § 9302. Veterans' associations accompanied by military bands to places of interment or divine services. All associations of veteran soldiers, when parading for the purpose ...
• § 9303.  Charitable status of certain veterans' organizations.
  (a) General rule.--Notwithstanding any other law to the contrary, any branch, post or camp of honorably discharged servicemen or servicewomen or an affiliated organization thereof ...

Chapter 94. Missing Persons

• § 9401.  Federal findings of death or other status as evidence.
  A written finding of missing in action or presumed death made by the Department of Defense, or an officer or employee of the United States ...
• § 9402.  Federal reports of persons missing in action or interned as evidence.
  § 9402. Federal reports of persons missing in action or interned as evidence. An official written report, or record, or duly certified copy thereof, that ...
• § 9403.  Signatures of Federal officers presumed authorized.
  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 ...

Last modified: November 22, 2007