PRIOR PRINTER'S NO. 236 PRINTER'S NO. 2674
No. 58 Session of 2005
INTRODUCED BY MAHER, BROWNE, GERGELY AND BEYER, FEBRUARY 8, 2005
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,
SEPTEMBER 26, 2005
AN ACT
1 Providing a bonus to Pennsylvanians who are United States
2 Merchant Marine veterans who served during World War II;
3 imposing certain duties on the Adjutant General; providing
4 penalties; and making an appropriation.
5 The General Assembly finds and declares as follows:
6 (1) The United States Merchant Marine served with honor
7 and at great risk during World War II.
8 (2) Individuals serving in the United States Merchant
9 Marine during World War II had a greater casualty rate than
10 any branch of the armed forces.
11 (3) Dwight D. Eisenhower, in his capacity as General and
12 Supreme Commander Allied Expeditionary Force in Europe,
13 observed in the midst of the war that, "When victory is
14 finally ours, there is no organization that will share its
15 credit more deservedly than the Merchant Marine."
16 (4) Pennsylvania has recognized the honored service of
17 United States Merchant Marine veterans of World War II as
18 military service for purposes ranging from pension credit to
1 the National World War II Memorial christened in 2001.
2 (5) United States Merchant Marine veterans deserve to be
3 recognized and thanked for their service by the Commonwealth,
4 even at this late date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Merchant
9 Marine World War II Veterans Bonus Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Adjutant General." The Adjutant General of the
15 Commonwealth.
16 "Legal resident of this Commonwealth." An individual who is
17 registered to vote as a resident of this Commonwealth on the <--
18 effective date of this act. IF THERE IS A QUESTION OF RESIDENCY, <--
19 THE ISSUE SHALL BE DETERMINED BY THE ADJUTANT GENERAL, BASED ON
20 STANDARD AND UNIFORMLY APPLIED CRITERIA.
21 "Merchant Marine." The United States Merchant Marine.
22 "Merchant Marine veteran who served during World War II."
23 (1) The term includes any individual who served active
24 duty, including training, in the United States Merchant
25 Marine between December 7, 1941, and August 15, 1945.
26 (2) The term does not include:
27 (i) any individual at any time during such period,
28 or thereafter, separated from the oceangoing United
29 States Merchant Marine under other than honorable
30 conditions;
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1 (ii) any individual who renounced his United States
2 citizenship during such period; or
3 (iii) any individual who, during such period,
4 refused on conscientious, political, religious or other
5 grounds to be subject to military discipline.
6 Section 3. Bonus.
7 A bonus of $500 shall be payable under this act to any United
8 States Merchant Marine veteran who served during World War II
9 and is a legal resident of this Commonwealth.
10 Section 4. Application for bonus.
11 (a) General rule.--Application for compensation shall be
12 made to the Adjutant General on such forms and in such manner as
13 the Adjutant General prescribes. A federally issued DD-214 form
14 evidencing honorable discharge from service in the United States
15 Merchant Marine for a period including any portion of the period
16 from December 7, 1941, through August 15, 1945, shall be deemed
17 sufficient evidence of qualifying service. The Adjutant General
18 shall assist applicants in obtaining copies of Federal DD-214
19 forms should the applicant desire assistance.
20 (b) Personal application; exception.--An application shall
21 be made personally by the United States Merchant Marine veteran
22 who served during World War II and is a legal resident of this
23 Commonwealth. However, in the event that health or incompetency
24 prevents a personal application, then such representative of the
25 veteran as the Adjutant General shall prescribe shall serve as
26 attorney-in-fact for purposes of applying for and receiving the
27 bonus. An application made by a representative other than one
28 authorized by the Adjutant General shall be void.
29 (c) Acceptance and consideration of applications.--The
30 Adjutant General shall not accept or consider any application
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1 filed with the Adjutant General after December 31, 2006. The
2 decisions of the Adjutant General in consideration of
3 applications shall be final and not subject to review by any
4 court or by any other officer.
5 Section 5. Exemption from attachment.
6 No sum payable under this act to a United States Merchant
7 Marine veteran or any other person under this act shall be
8 subject to attachment, levy or seizure under any legal or
9 equitable process and shall be exempt from all State taxation.
10 No right to compensation under this act shall be assignable or
11 serve as a security for any loan. Any assignment or loan made in
12 violation of this section shall be held void.
13 Section 6. Penalty for fees for assisting with bonus
14 application.
15 Any person who charges or collects or attempts to charge or
16 collect, either directly or indirectly, any fee or other
17 compensation for assisting, in any manner, a veteran in
18 obtaining any of the benefits to which the veteran is entitled
19 under this act commits a misdemeanor and, upon conviction
20 thereof, shall be subject to a fine of not more than $2,500, or
21 to imprisonment for not more than one year, or both, for each
22 violation.
23 Section 7. Digest and explanation of act.
24 The Adjutant General shall, as soon as practicable after the
25 effective date of this act, prepare and publish a pamphlet or
26 pamphlets containing a digest and explanation of this act,
27 accompanied by such statements as the Adjutant General believes
28 may be of assistance to the United States Merchant Marine
29 veterans who served during World War II in filing their
30 applications and shall from time to time prepare and publish
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1 additional or supplementary information as may be found
2 necessary. The pamphlet or pamphlets shall be distributed in
3 such manner as the Adjutant General may determine to be most
4 effective to inform United States Merchant Marine veterans of
5 their rights under this act. The Adjutant General shall enlist,
6 as far as possible, the services of United States Merchant
7 Marine veteran organizations in this Commonwealth in the
8 dissemination of such information.
9 Section 8. Administration of act.
10 (a) General administration.--The Adjutant General shall
11 administer this act and shall prepare and distribute
12 applications, investigate all claims and applications filed with
13 the Adjutant General and, if satisfied of the proof of such
14 claim or application, approve the application and direct payment
15 thereof. The Adjutant General shall make any regulation
16 necessary to administer this act.
17 (b) Records.--The books, papers and records, together with
18 the filing cases and equipment procured and used in the
19 administration of this act, shall become a part of the permanent
20 records of the office of Adjutant General.
21 (c) Oaths and affirmations.--Employees of the Department of
22 Military and Veterans Affairs, whose specific duty is to aid and
23 assist veterans and their widows, children and dependents in the
24 prosecution of claims before the Department of Veterans Affairs,
25 or other branch of the Federal Government, are hereby authorized
26 and empowered to administer oaths and affirmations in all
27 matters pertaining to and concerning such claims.
28 Section 9. Payment.
29 (a) Fund.--The compensation payable under this act shall be
30 paid by the State Treasurer from the United States Merchant
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1 Marine World War II Veterans' Bonus Fund to be administered by
2 the State Treasurer and created with funds realized from revenue
3 collected by the Commonwealth through what is known as the
4 emergency liquor tax and established by the act of June 9, 1936
5 (1st Sp.Sess., P.L.13, No.4), entitled, "An act imposing an
6 emergency State tax on liquor, as herein defined, sold by the
7 Pennsylvania Liquor Control Board; providing for the collection
8 and payment of such tax; and imposing duties upon the Department
9 of Revenue and the Pennsylvania Liquor Control Board," and shall
10 be appropriated each year to the fund. Any funds appropriated to
11 the United States Merchant Marine World War II Veterans' Bonus
12 Fund remaining unexpended or unencumbered upon the expiration of
13 this section shall lapse into the General Fund. Payments under
14 this act shall be made as soon as possible after funds are
15 available for such payments.
16 (b) Expiration.--This section shall expire June 30, 2007.
17 Section 10. Effective date.
18 This act shall take effect immediately.
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