Pennsylvania HB 1264: An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in Department of Military and Veterans Affairs, further providing for Fort Indiantown Gap; and establishing the Service Members, Veterans and their Families Fund.

Bill Text

PRINTER'S NO. 1407
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1264
Session of
2025
INTRODUCED BY FLEMING, DIAMOND, MADSEN, KERWIN, DAVIDSON,
MEHAFFIE, WEBSTER, GIRAL, HILL-EVANS, GUZMAN, PIELLI, COOK,
SOLOMON, SANCHEZ, STENDER, McNEILL, GUENST, NEILSON AND
D. WILLIAMS, APRIL 17, 2025
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, APRIL 17, 2025
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Department of Military and Veterans
Affairs, further providing for Fort Indiantown Gap; and
establishing the Service Members, Veterans and their Families
Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 708(b), (c) and (d) of Title 51 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding subsections to read:
§ 708. Fort Indiantown Gap.
* * *
(b) Lease of installation.--
(1) The Adjutant General is authorized to enter into
agreements with the Federal Government and state governments
for the purpose of permitting [soldiers] units under their
command to use the real estate and equipment at Fort
Indiantown Gap for military training purposes[.], for
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emergency response training and to support the quality of
life of service members, veterans and their families.
( 2) In addition to the authority of the State Armory
Board under section 1509 (relating to r ental or lease of
armories and of buildings or structures at Fort Indiantown
Gap ) and to any other law relating to the leasing of
Commonwealth property, the Adjutant General may lease any
portion of the real property of Fort Indiantown Gap to an
individual or a public or nonpublic entity, including a
private commercial interest, to construct and operate a
revenue-generating business or nonprofit that meets all of
the following criteria:
(i) The business benefits the residents of the local
community in the vicinity of Fort Indiantown Gap and the
personnel of Fort Indiantown Gap and their families.
(ii) The business generates revenue for deposit into
the Service Members, Veterans and their Families Fund
established under subsection (f).
(3) If the Adjutant General opts to lease any portion of
the real property of Fort Indiantown Gap for the purpose
specified under paragraph (2), the Adjutant General shall
have the following duties:
(i) Select a prospective lessee to construct and
operate the revenue-generating business or nonprofit. In
selecting a prospective lessee under this subparagraph,
the Adjutant General shall consider all of the following:
(A) The ability of the prospective lessee to
provide an array of items or services as determined
by the Adjutant General.
(B) The degree to which the items or services
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offered by the prospective lessee benefit the
residents of the local community in the vicinity of
Fort Indiantown Gap.
(C) The degree to which the items or services
offered by the prospective lessee benefit the
personnel of Fort Indiantown Gap and their families.
(D) The experience of the prospective lessee in
operating the proposed type of revenue-generating
business or nonprofit, giving greater weight to the
number of years of experience, the number of years
operating within this Commonwealth and the total
number of similar businesses owned or operated by the
prospective lessee.
(ii) Establish the terms and conditions of the
lease, including the period of the lease. The terms and
conditions of the lease shall state that the lessee is
required to operate a revenue-generating business or
nonprofit during the period of the lease and the
Commonwealth is not liable for a claim associated with
the lessee or with the operation of the revenue-
generating business or nonprofit.
(4) The Adjutant General may delegate the duties
specified under paragraph (2) or (3) to an employee or office
of the department as the Adjutant General deems appropriate.
(5) A determination by the Adjutant General or a
delegate under paragraph (2) or (3), including a
determination relating to the selection criteria for a
prospective lessee, the selection of a lessee, expenditures
or required forms or reports, shall not be subject to any of
the following:
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(i) Administrative or judicial review under 2
Pa.C.S. Chs. 5 Subch. A (relating to practice and
procedure of Commonwealth agencies) and 7 Subch. A
(relating to judicial review of Commonwealth agency
action) or 62 Pa.C.S. Ch. 17 Subch. C (relating to board
of claims).
(ii) The act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law.
(iii) The act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review