PRINTER'S NO. 1275
No. 1125 Session of 1991
INTRODUCED BY KENNEY, JOHNSON, MRKONIC, GEIST, ARMSTRONG, ALLEN,
DeLUCA, BELFANTI, BELARDI, STABACK, BARLEY, CLARK, ANGSTADT,
MAYERNIK, SAURMAN, PETRARCA, BUNT, LUCYK, DEMPSEY, HARPER,
O'BRIEN AND DONATUCCI, APRIL 10, 1991
REFERRED TO COMMITTEE ON MILITARY AND VETERANS AFFAIRS,
APRIL 10, 1991
AN ACT
1 Providing for compensation to prisoners-of-war veterans of the
2 Persian Gulf Conflict and administration of a compensation
3 program; imposing penalties; and making an appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Persian Gulf
8 Conflict Prisoner-of-War Compensation Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Legal resident." An individual who gave this Commonwealth
14 or any specific place in this Commonwealth as his or her place
15 of residence or home address when entering the armed forces of
16 the United States without regard to the place of enlistment,
17 commission or induction. The proof of such residence shall be
1 either the official records of the United States, or such other
2 evidence of bona fide residence as may be deemed sufficient by
3 the Adjutant General.
4 "Prisoner-of-war veteran." Any member of the armed forces of
5 the United States, including a member of the Army National Guard
6 of the United States, the Air National Guard of the United
7 States, or a reserve component of the armed forces who was
8 ordered into or volunteered to serve on active duty in the
9 Persian Gulf theater of operations during the period from August
10 2, 1990, to the date on which hostilities ended, and who was a
11 prisoner of the Iraqi Army during the Persian Gulf Conflict.
12 This term shall not include:
13 (1) any individual who, at any time during the Persian
14 Gulf War or thereafter, was separated from the armed forces
15 under other than honorable conditions; and
16 (2) any individual who has renounced his United States
17 citizenship.
18 Section 3. Compensation.
19 The compensation for a returning prisoner-of-war veteran
20 shall be $5,000.
21 Section 4. Application for compensation.
22 (a) Application to Adjutant General.--Applications for
23 compensation shall be made to the Adjutant General on forms and
24 in the manner he shall prescribe.
25 (b) Application process.--All applications shall be made
26 personally by the prisoner-of-war veteran. If the veteran has
27 died or is mentally incompetent, the application shall be made
28 by a representative of the prisoner-of-war veteran as the
29 Adjutant General shall, by regulation, prescribe. An application
30 made by a representative other than one authorized by such
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1 regulation shall be void.
2 (c) Application deadline.--The Adjutant General shall not
3 accept or consider any application filed or mailed after four
4 years beyond the date of the Presidential Executive Order
5 terminating hostilities in the Persian Gulf.
6 Section 5. Applicant to designate beneficiaries.
7 Every person making application for compensation under the
8 provisions of this act shall set forth in the application the
9 names and addresses of all persons who would be entitled to
10 receive the same in the event of the death of the applicant. If
11 the applicant should die before the payment of the compensation,
12 then the application shall be deemed to inure to the benefit of
13 the person or persons next entitled thereto, and payment shall
14 be made to such person or persons upon proof of identity
15 satisfactory to the Adjutant General. If all persons designated
16 herein as entitled to compensation die before payment thereof,
17 their right to the compensation shall cease. Application for
18 compensation, made on behalf of minor children, shall be made by
19 the duly appointed guardian of such children or by any person
20 who stands in loco parentis to the minor children, and payment
21 shall be made to the guardian or persons.
22 Section 6. Exemption from attachment, etc.
23 No sum payable under this act to a prisoner-of-war veteran or
24 to any other person under this act shall be subject to
25 attachment, levy or seizure under any legal or equitable
26 process, and shall be exempt from all State taxation. No right
27 to compensation under the provisions of this act shall be
28 assignable, except as hereinafter provided, or serve as a
29 security for any loan. Any assignment or loan made in violation
30 of the provisions of this section shall be held void.
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1 Assignments to any group or organization of veterans,
2 incorporated or unincorporated, or to any nonprofit corporation
3 heretofore formed solely for aiding disabled and incapacitated
4 veterans and assignments to the State Veterans' Commission shall
5 be valid. The State Veterans' Commission is hereby authorized to
6 accept the assignments which shall be treated as confidential,
7 and the funds realized from them shall be expended by the
8 commission solely for the aid of needy prisoner-of-war veterans
9 and their families. Except as provided in this section, the
10 Adjutant General shall not direct the payment, nor shall payment
11 be made under this act to any person other than a prisoner-of-
12 war veteran or the representatives of a prisoner-of-war veteran,
13 as provided in this act.
14 Section 7. Penalty for fees for assisting prisoner-of-war
15 veterans.
16 Any person who charges or collects, or attempts to charge or
17 collect, either directly or indirectly, any fee or other
18 compensation for assisting a prisoner-of-war veteran in
19 obtaining any of the benefits to which he or she is entitled
20 under this act commits a misdemeanor of the third degree, and
21 shall, upon conviction, be sentenced to pay a fine of not more
22 than $2,500 or to imprisonment for not more than one year, or
23 both.
24 Section 8. Digest and explanation of act.
25 (a) Preparation of pamphlet.--The Adjutant General shall, as
26 soon as practicable, after the approval of this act, prepare and
27 publish a pamphlet or pamphlets containing a digest and
28 explanation of the provisions of this act, accompanied by
29 statements which he believes may be of assistance to the
30 prisoner-of-war veterans in filing their applications, and
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1 shall, from time to time, prepare and publish any additional or
2 supplementary information as may be found necessary.
3 (b) Distribution of pamphlet.--The pamphlet or pamphlets
4 shall be distributed in a manner as the Adjutant General may
5 determine to be most effective to inform prisoner-of-war
6 veterans of their rights under this act. The Adjutant General
7 shall enlist, as far as possible, the services of veteran
8 organizations in this Commonwealth to assist in the
9 dissemination of such information.
10 Section 9. Ascertainment of service.
11 Immediately upon the effective date of this act, and at such
12 other times as the Adjutant General may deem necessary, the
13 Adjutant General shall ascertain the individuals who are
14 prisoner-of-war veterans, as defined in section 2. The decision
15 of the Adjutant General as to the eligibility and payment of
16 compensation shall be final and not subject to review. In all
17 cases not within the express purview of this act, the decision
18 of the Adjutant General as to payment or nonpayment of all
19 compensation or eligibility for compensation shall be final.
20 Section 10. Payment.
21 (a) Proceeds for proposed bond issue.--The compensation
22 payable under this act shall be paid by the State Treasurer from
23 the Persian Gulf War Veterans' Compensation Fund, to be created
24 with funds realized from a proposed bond issue, if and when
25 approved pursuant to section 7(a)(3) of Article VIII of the
26 Constitution of Pennsylvania, upon requisition by the Adjutant
27 General.
28 (b) Prompt payment.--Payments under this act shall be made
29 as soon as possible after funds thereof are available.
30 (c) Payments from fund.--Compensation paid under section 3
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1 for hospitalization in military hospitals outside of the Persian
2 Gulf theater of operations shall be paid from the Persian Gulf
3 War Veterans' Compensation Fund if and when approved by the
4 electorate.
5 Section 11. Other benefits.
6 Payment under this act shall not prevent the returning
7 prisoner-of-war veterans from receiving compensation under the
8 act of (P.L. , No. ), known as the Persian
9 Gulf Veterans' Compensation Act. This act shall in no way affect
10 other benefits due eligible persons under this act.
11 Section 12. Administration of act.
12 (a) Duties of Adjutant General.--The Adjutant General shall
13 administer this act and, for that purpose, shall prepare and
14 distribute application blanks, investigate all claims and
15 applications filed with him, and, if satisfied of the proof of a
16 claim or application, approve the claim or application and
17 direct payment of compensation. The Adjutant General shall
18 promulgate rules and regulations to implement, administer and
19 enforce this act.
20 (b) Permanent records.--The books, papers and records,
21 together with the filing cases and equipment procured and used
22 in the administration of this act shall become a part of the
23 permanent records of the Office of Adjutant General.
24 (c) Printing.--All printing necessary to carry out the
25 provisions of this act shall be done by the Department of
26 General Services upon requisition of the Adjutant General.
27 (d) Staff.--The Adjutant General may employ the necessary
28 staff help and fix their salaries and pay for postage and other
29 expenses incurred in the administration of this act. In all
30 appointments under this act, preference shall, so far as
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1 practicable, be given to prisoner-of-war veterans, as defined in
2 this act.
3 (e) Administration of oath.--Employees of the Department of
4 Military Affairs of the Commonwealth, whose specific duty is to
5 aid and assist prisoner-of-war veterans and their spouses,
6 children and dependents in the prosecution of claims before the
7 Veterans' Administration or other branch of the Federal
8 Government, are hereby authorized and empowered to administer
9 oaths and affirmations in all matters pertaining to and
10 concerning such claims.
11 Section 13. Penalty for false or fraudulent statements.
12 A person who knowingly makes any fraudulent statement of a
13 material fact in any application, certificate or document made
14 under this act, or of any regulation made by the Adjutant
15 General in administering this act, commits a misdemeanor of the
16 third degree, and shall, upon conviction, be sentenced to pay a
17 fine of not more than $1,000 or to imprisonment for not more
18 than five years, or both.
19 Section 14. Appropriation.
20 For the purpose of paying for the compensation to eligible
21 prisoner-of-war veterans, staff services, postage and other
22 necessary expenses incurred by the Adjutant General in the
23 administration of this act, the sum of , or
24 as much thereof as may be necessary, is specifically
25 appropriated to the Department of Military Affairs.
26 Section 15. Effective date.
27 This act shall take effect immediately.
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