SENATE AMENDED
PRIOR PRINTER'S NOS. 236, 2674 PRINTER'S NO. 3760
No. 58 Session of 2005
INTRODUCED BY MAHER, BROWNE, GERGELY AND BEYER, FEBRUARY 8, 2005
SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, MARCH 27, 2006
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 "FUND." THE UNITED STATES MERCHANT MARINE WORLD WAR II <--
17 VETERANS' BONUS FUND ESTABLISHED IN SECTION 9.
18 "Legal resident of this Commonwealth." An individual who is
19 a resident of this Commonwealth on the effective date of this
20 act. If there is a question of residency, the issue shall be
21 determined by the Adjutant General, based on standard and
22 uniformly applied criteria.
23 "Merchant Marine." The United States Merchant Marine.
24 "Merchant Marine veteran who served during World War II."
25 (1) The term includes any individual who served active
26 duty, including training, in the United States Merchant
27 Marine between December 7, 1941, and August 15, 1945.
28 (2) The term does not include:
29 (i) any individual at any time during such period,
30 or thereafter, separated from the oceangoing United
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1 States Merchant Marine under other than honorable
2 conditions;
3 (ii) any individual who renounced his United States
4 citizenship during such period; or
5 (iii) any individual who, during such period,
6 refused on conscientious, political, religious or other
7 grounds to be subject to military discipline.
8 Section 3. Bonus.
9 A bonus of $500 shall be payable under this act to any United
10 States Merchant Marine veteran who served during World War II
11 and is a legal resident of this Commonwealth.
12 Section 4. Application for bonus.
13 (a) General rule.--Application for compensation shall be
14 made to the Adjutant General on such forms and in such manner as
15 the Adjutant General prescribes. A federally issued DD-214 form
16 evidencing honorable discharge from service in the United States
17 Merchant Marine for a period including any portion of the period
18 from December 7, 1941, through August 15, 1945, shall be deemed
19 sufficient evidence of qualifying service. The Adjutant General
20 shall assist applicants in obtaining copies of Federal DD-214
21 forms should the applicant desire assistance.
22 (b) Personal application; exception.--An application shall
23 be made personally by the United States Merchant Marine veteran
24 who served during World War II and is a legal resident of this
25 Commonwealth. However, in the event that health or incompetency
26 prevents a personal application, then such representative of the
27 veteran as the Adjutant General shall prescribe shall serve as
28 attorney-in-fact for purposes of applying for and receiving the
29 bonus. An application made by a representative other than one
30 authorized by the Adjutant General shall be void.
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1 (c) Acceptance and consideration of applications.--The
2 Adjutant General shall not accept or consider any application
3 filed with the Adjutant General after December 31, 2006. The
4 decisions of the Adjutant General in consideration of
5 applications shall be final and not subject to review by any
6 court or by any other officer.
7 Section 5. Exemption from attachment.
8 No sum payable under this act to a United States Merchant
9 Marine veteran or any other person under this act shall be
10 subject to attachment, levy or seizure under any legal or
11 equitable process and shall be exempt from all State taxation.
12 No right to compensation under this act shall be assignable or
13 serve as a security for any loan. Any assignment or loan made in
14 violation of this section shall be held void.
15 Section 6. Penalty for fees for assisting with bonus
16 application.
17 Any person who charges or collects or attempts to charge or
18 collect, either directly or indirectly, any fee or other
19 compensation for assisting, in any manner, a veteran in
20 obtaining any of the benefits to which the veteran is entitled
21 under this act commits a misdemeanor and, upon conviction
22 thereof, shall be subject to a fine of not more than $2,500, or
23 to imprisonment for not more than one year, or both, for each
24 violation.
25 Section 7. Digest and explanation of act.
26 The Adjutant General shall, as soon as practicable after the
27 effective date of this act, prepare and publish a pamphlet or
28 pamphlets containing a digest and explanation of this act,
29 accompanied by such statements as the Adjutant General believes
30 may be of assistance to the United States Merchant Marine
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1 veterans who served during World War II in filing their
2 applications and shall from time to time prepare and publish
3 additional or supplementary information as may be found
4 necessary. The pamphlet or pamphlets shall be distributed in
5 such manner as the Adjutant General may determine to be most
6 effective to inform United States Merchant Marine veterans of
7 their rights under this act. The Adjutant General shall enlist,
8 as far as possible, the services of United States Merchant
9 Marine veteran organizations in this Commonwealth in the
10 dissemination of such information.
11 Section 8. Administration of act.
12 (a) General administration.--The Adjutant General shall
13 administer this act and shall prepare and distribute
14 applications, investigate all claims and applications filed with
15 the Adjutant General and, if satisfied of the proof of such
16 claim or application, approve the application and direct payment
17 thereof. The Adjutant General shall make any regulation
18 necessary to administer this act.
19 (b) Records.--The books, papers and records, together with
20 the filing cases and equipment procured and used in the
21 administration of this act, shall become a part of the permanent
22 records of the office of Adjutant General.
23 (c) Oaths and affirmations.--Employees of the Department of
24 Military and Veterans Affairs, whose specific duty is to aid and
25 assist veterans and their widows, children and dependents in the
26 prosecution of claims before the Department of Veterans Affairs,
27 or other branch of the Federal Government, are hereby authorized
28 and empowered to administer oaths and affirmations in all
29 matters pertaining to and concerning such claims.
30 Section 9. Payment. <--
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1 (a) Fund.--The compensation payable under this act shall be
2 paid by the State Treasurer from the United States Merchant
3 Marine World War II Veterans' Bonus Fund to be administered by
4 the State Treasurer and created with funds realized from revenue
5 collected by the Commonwealth through what is known as the
6 emergency liquor tax and established by the act of June 9, 1936
7 (1st Sp.Sess., P.L.13, No.4), entitled, "An act imposing an
8 emergency State tax on liquor, as herein defined, sold by the
9 Pennsylvania Liquor Control Board; providing for the collection
10 and payment of such tax; and imposing duties upon the Department
11 of Revenue and the Pennsylvania Liquor Control Board," and shall
12 be appropriated each year to the fund. Any funds appropriated to
13 the United States Merchant Marine World War II Veterans' Bonus
14 Fund remaining unexpended or unencumbered upon the expiration of
15 this section shall lapse into the General Fund. Payments under
16 this act shall be made as soon as possible after funds are
17 available for such payments.
18 (b) Expiration.--This section shall expire June 30, 2007.
19 SECTION 9. UNITED STATES MERCHANT MARINE WORLD WAR II VETERANS' <--
20 BONUS FUND.
21 (A) ESTABLISHMENT.--THE UNITED STATES MERCHANT MARINE WORLD
22 WAR II VETERANS' FUND IS HEREBY ESTABLISHED AS A RESTRICTED
23 RECEIPT ACCOUNT WITHIN THE GENERAL FUND. THE FUND SHALL BE
24 ADMINISTERED BY THE STATE TREASURER.
25 (B) SOURCE OF MONEYS.--MONEYS TO BE DEPOSITED IN THE FUND
26 SHALL BE APPROPRIATED FROM THE GENERAL FUND BY THE GENERAL
27 ASSEMBLY.
28 (C) LAPSING OF FUNDS.--ANY MONEYS APPROPRIATED TO THE FUND
29 REMAINING UNEXPENDED OR UNENCUMBERED ON JUNE 30, 2007, SHALL
30 LAPSE INTO THE GENERAL FUND.
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1 SECTION 10. PAYMENT.
2 THE COMPENSATION PAYABLE UNDER THIS ACT SHALL BE PAID BY THE
3 STATE TREASURER FROM THE UNITED STATES MERCHANT MARINE WORLD WAR
4 II VETERANS' BONUS FUND.
5 SECTION 11. EXPIRATION.
6 THIS ACT SHALL EXPIRE ON JUNE 30, 2007.
7 Section 10 12. Effective date. <--
8 This act shall take effect immediately.
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