PRINTER'S NO. 101
No. 77 Session of 2007
INTRODUCED BY YUDICHAK, BELFANTI, SIPTROTH, GEORGE, BARRAR, CALTAGIRONE, CAPPELLI, CARROLL, CLYMER, COHEN, COSTA, DeLUCA, DePASQUALE, EVERETT, FREEMAN, GALLOWAY, GEIST, GIBBONS, GRUCELA, HARPER, HENNESSEY, HESS, HUTCHINSON, JAMES, JOSEPHS, W. KELLER, KOTIK, LEACH, MANN, MENSCH, MICOZZIE, MUNDY, PETRONE, RAMALEY, REICHLEY, ROAE, SABATINA, SCAVELLO, SCHRODER, SOLOBAY, STABACK, SURRA, WANSACZ, YOUNGBLOOD, HARRIS AND FABRIZIO, JANUARY 30, 2007
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JANUARY 30, 2007
AN ACT 1 Providing for bonus pay for certain persons involved in the War 2 on Terrorism; and making an appropriation. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the War on 7 Terrorism Compensation Act. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Soldier." Any United States military reservist whose 13 reserve unit is in Pennsylvania and any member of the 14 Pennsylvania National Guard who was called to active duty on or
1 after September 11, 2001, to participate in the War on Terrorism 2 and who has completed one month of active duty. Proof of such 3 service shall be the official military records of the United 4 States or such other evidence as is deemed sufficient by the 5 Adjutant General. 6 "War on Terrorism." Military efforts in the United States 7 and abroad directly resulting from the terrorism attacks on the 8 Pentagon, the World Trade Center and the airplane that went down 9 in Somerset County on September 11, 2001. For the purposes of 10 this act, the War on Terrorism shall be deemed to have ended 11 when military efforts cease as ordered by the Commander-in-Chief 12 of the United States Armed Forces. 13 Section 3. Bonus payment. 14 (a) Compensation.--A bonus payment of $500 shall be made to 15 each soldier who is determined to be eligible pursuant to 16 section 4(a). 17 (b) Exclusion from compensation.--Any individual who has 18 received a bonus, gratuity or compensation of a nature similar 19 to that provided for by this act from any other state in the 20 United States is ineligible for compensation. This exclusion 21 does not apply to a similar bonus, gratuity or compensation from 22 the Federal Government. 23 Section 4. Application for compensation. 24 (a) Application to Adjutant General.--Applications shall be 25 made by a soldier, the facility entitled under section 5(a) or 26 the beneficiaries designated under section 5(b) on a form 27 provided by the Adjutant General. The Adjutant General shall 28 ascertain the applicants who are eligible to receive a bonus 29 payment pursuant to this act. 30 (b) Time for filing application.--Applications may be filed 20070H0077B0101 - 2 -
1 by a soldier after the soldier has completed one month of active 2 duty. The Adjutant General shall not accept or consider any 3 application filed five years after the cessation of the War on 4 Terrorism. 5 (c) Payment.--Every applicant shall designate in the 6 application the person or entity to whom payment under this act 7 shall be made. 8 Section 5. Persons to whom payments shall be made in case of 9 incompetence or death. 10 (a) Incompetence.--In a case where the soldier is 11 incompetent, if no guardian has been appointed, payment shall be 12 made for the benefit of the soldier to the person who is 13 entitled to payment under subsection (b) or, in the absence of 14 any such person and if the soldier is in a facility, to the 15 person in charge of the facility to be expended for the clothing 16 and incidental needs of the soldier. No part of the compensation 17 paid to any facility shall be used for the maintenance of the 18 soldier. A statement from the person in charge of the facility 19 in which the soldier resides shall be evidence to determine the 20 competence of the soldier. 21 (b) Death.--In the case of the death of a soldier, payment 22 shall be made, in the order named, to the: 23 (1) surviving spouse unless the spouse was living 24 separate and apart from the soldier at the time of departure 25 for active service; 26 (2) surviving children, share and share alike; or 27 (3) surviving parents. 28 (c) Definitions.--As used in this section, the following 29 words and phrases shall have the meanings given to them in this 30 subsection: 20070H0077B0101 - 3 -
1 "Facility." Any mental health establishment, hospital, 2 clinic, institution, center, day-care center, base service unit, 3 community mental health center or other organizational unit, or 4 part thereof, which is devoted primarily to the diagnosis, 5 treatment, care, rehabilitation or detention of mentally 6 disabled persons. 7 "Parents." Includes persons who, for a period of not less 8 than one year, acted in the capacity of a foster parent to the 9 soldier immediately prior to the soldier having attained 18 10 years of age. 11 Section 6. Applicant to designate beneficiaries. 12 Every person making application for compensation shall set 13 forth in the application the names and addresses of all persons 14 who, under this act, would be entitled to receive compensation 15 in the event of the death of the applicant. If the applicant 16 dies before the payment of the compensation, the application 17 shall be deemed to inure to the benefit of the person next 18 entitled to compensation, and payment shall be made to the 19 person upon proof of identity satisfactory to the Adjutant 20 General. If no person designated in this act as being entitled 21 to compensation survives the soldier, the right to the 22 compensation shall cease. 23 Section 7. Exemption from attachment, etc. 24 No sum payable under this act to a soldier or to any other 25 person under this act shall be subject to attachment, levy or 26 seizure under any legal or equitable process and shall be exempt 27 from all State taxation. No right to compensation under this act 28 shall be assignable, except as otherwise provided in this act, 29 or shall serve as a security for any loan. Any assignment or 30 loan made in violation of this section shall be void. 20070H0077B0101 - 4 -
1 Assignments to any incorporated or unincorporated organization 2 of soldiers or veterans, any nonprofit corporation formed solely 3 for the purpose of aiding disabled or incapacitated soldiers or 4 veterans and the State Veterans' Commission shall be valid. 5 Section 8. Penalty for charging fees for assisting soldiers. 6 A person who charges or collects or attempts to charge or 7 collect, either directly or indirectly, any fee or other 8 compensation for assisting, in any manner, a soldier in 9 obtaining any of the benefits provided under this act commits a 10 misdemeanor of the second degree. 11 Section 9. Administration of compensation program. 12 The Adjutant General shall administer the compensation 13 program. For that purpose application forms shall be prepared 14 and distributed, applications shall be investigated, and, if 15 satisfied of the proof of an application, compensation shall be 16 approved and payment of compensation shall be made. The Adjutant 17 General shall promulgate rules and regulations to implement, 18 administer and enforce this act. The Adjutant General shall, as 19 soon as practicable after the effective date of this section, 20 prepare and distribute a digest explaining the provisions of 21 this act to assist soldiers in filing their applications and 22 shall, from time to time, prepare and distribute additional or 23 supplementary information as may be found necessary. The 24 Adjutant General shall enlist, as far as possible, the services 25 of soldier and veteran organizations in this Commonwealth in the 26 dissemination of the information. 27 Section 10. Appropriation. 28 The General Assembly shall appropriate the sum of $2,000,000 29 to carry out the provisions of this act. 30 Section 40. Effective date. 20070H0077B0101 - 5 -
1 This act shall take effect in 60 days. L15L51DMS/20070H0077B0101 - 6 -