1Reenacting and amending the act of April 12, 2006 (P.L.67,
2No.22), entitled "An act providing a bonus to Pennsylvanians
3who are United States Merchant Marine veterans who served
4during World War II; imposing certain duties on the Adjutant
5General; providing penalties; and making an appropriation."

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The title and preamble of the act of April 12,
92006 (P.L.67, No.22), known as the Merchant Marine World War II
10Veterans Bonus Act, are reenacted to read:

11AN ACT

12Providing a bonus to Pennsylvanians who are United States
13Merchant Marine veterans who served during World War II;
14imposing certain duties on the Adjutant General; providing
15penalties; and making an appropriation.

16The General Assembly finds and declares as follows:

17(1) The United States Merchant Marine served with honor
18and at great risk during World War II.

1(2) Individuals serving in the United States Merchant
2Marine during World War II had a greater casualty rate than
3any branch of the armed forces.

4(3) Dwight D. Eisenhower, in his capacity as General and
5Supreme Commander Allied Expeditionary Force in Europe,
6observed in the midst of the war that "when victory is
7finally ours, there is no organization that will share its
8credit more deservedly than the Merchant Marine."

9(4) Pennsylvania has recognized the honored service of
10United States Merchant Marine veterans of World War II as
11military service for purposes ranging from pension credit to
12the National World War II Memorial christened in 2001.

13(5) United States Merchant Marine veterans deserve to be
14recognized and thanked for their service by the Commonwealth,
15even at this late date.

16Section 2. Section 1 of the act is reenacted to read:

17Section 1. Short title.

18This act shall be known and may be cited as the Merchant
19Marine World War II Veterans Bonus Act.

20Section 3. Section 2 of the act is reenacted and amended to
21read:

22Section 2. Definitions.

23The following words and phrases when used in this act shall
24have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Adjutant General." The Adjutant General of the
27Commonwealth.

28"Fund." The United States Merchant Marine World War II
29Veterans' Bonus Fund established in section 9.

30"Legal resident of this Commonwealth." An individual who is

1a resident of this Commonwealth on the effective date of this
2act. If there is a question of residency, the issue shall be
3determined by the Adjutant General based on standard and
4uniformly applied criteria.

5"Merchant Marine." The United States Merchant Marine.

6"Merchant Marine veteran who served during World War II."

7(1) The term includes any individual who served active
8duty, including training, in the United States Merchant
9Marine between December 7, 1941, and August 15, 1945, 
10including training with the United States Merchant Marine or 
11the United States Maritime Service.

12(2) The term does not include:

13(i) any individual at any time during such period,
14or thereafter, separated from the oceangoing United
15States Merchant Marine under other than honorable
16conditions;

17(ii) any individual who renounced his United States
18citizenship during such period; or

19(iii) any individual who, during such period,
20refused on conscientious, political, religious or other
21grounds to be subject to military discipline.

22Section 4. Section 3 of the act is reenacted to read:

23Section 3. Bonus.

24A bonus of $500 shall be payable under this act to any United
25States Merchant Marine veteran who served during World War II
26and is a legal resident of this Commonwealth.

27Section 5. Section 4 of the act is reenacted and amended to
28read:

29Section 4. Application for bonus.

30(a) General rule.--Application for compensation shall be

1made to the Adjutant General on such forms and in such manner as
2the Adjutant General prescribes. A federally issued DD-214 form
3evidencing honorable discharge from service in the United States
4Merchant Marine for a period including any portion of the period
5from December 7, 1941, through August 15, 1945, shall be deemed
6sufficient evidence of qualifying service. A release from active 
7duty form issued by the United States Maritime Service between 
8December 7, 1941, and August 15, 1945, shall be deemed 
9sufficient evidence of qualifying training time in the United 
10States Merchant Marines. The Adjutant General shall assist
11applicants in obtaining copies of Federal DD-214 forms or 
12release from active duty forms should the applicant desire
13assistance.

14(b) Personal application; exception.--An application shall
15be made personally by the United States Merchant Marine veteran
16who served during World War II and is a legal resident of this
17Commonwealth. However, in the event that health or incompetency
18prevents a personal application, then such representative of the
19veteran as the Adjutant General shall prescribe shall serve as
20attorney-in-fact for purposes of applying for and receiving the
21bonus. An application made by a representative other than one
22authorized by the Adjutant General shall be void.

23(c) Acceptance and consideration of applications.--The
24Adjutant General shall not accept or consider any application
25filed with the Adjutant General after December 31, [2006] 2014.
26The decisions of the Adjutant General in consideration of
27applications shall be final and not subject to review by any
28court or by any other officer[.], except a veteran whose 
29application was denied because the veteran's active duty with 
30the United States Merchant Marine was in training with the
 

1United States Maritime Service between December 7, 1941, and 
2August 15, 1945, may reapply for compensation.

3Section 6. Sections 5, 6, 7 and 8 of the act are reenacted
4to read:

5Section 5. Exemption from attachment.

6No sum payable under this act to a United States Merchant
7Marine veteran or any other person under this act shall be
8subject to attachment, levy or seizure under any legal or
9equitable process and shall be exempt from all State taxation.
10No right to compensation under this act shall be assignable or
11serve as a security for any loan. Any assignment or loan made in
12violation of this section shall be held void.

13Section 6. Penalty for fees for assisting with bonus
14application.

15Any person who charges or collects or attempts to charge or
16collect, either directly or indirectly, any fee or other
17compensation for assisting, in any manner, a veteran in
18obtaining any of the benefits to which the veteran is entitled
19under this act commits a misdemeanor and, upon conviction
20thereof, shall be subject to a fine of not more than $2,500 or
21to imprisonment for not more than one year, or both, for each
22violation.

23Section 7. Digest and explanation of act.

24The Adjutant General shall, as soon as practicable after the
25effective date of this act, prepare and publish a pamphlet or
26pamphlets containing a digest and explanation of this act,
27accompanied by such statements as the Adjutant General believes
28may be of assistance to the United States Merchant Marine
29veterans who served during World War II in filing their
30applications, and shall from time to time prepare and publish

1additional or supplementary information as may be found
2necessary. The pamphlet or pamphlets shall be distributed in
3such manner as the Adjutant General may determine to be most
4effective to inform United States Merchant Marine veterans of
5their rights under this act. The Adjutant General shall enlist,
6as far as possible, the services of United States Merchant
7Marine veteran organizations in this Commonwealth in the
8dissemination of such information.

9Section 8. Administration of act.

10(a) General administration.--The Adjutant General shall
11administer this act and shall prepare and distribute
12applications, investigate all claims and applications filed with
13the Adjutant General and, if satisfied of the proof of such
14claim or application, approve the application and direct payment
15thereof. The Adjutant General shall make any regulation
16necessary to administer this act.

17(b) Records.--The books, papers and records, together with
18the filing cases and equipment procured and used in the
19administration of this act, shall become a part of the permanent
20records of the office of Adjutant General.

21(c) Oaths and affirmations.--Employees of the Department of
22Military and Veterans Affairs, whose specific duty is to aid and
23assist veterans and their widows, children and dependents in the
24prosecution of claims before the Department of Veterans Affairs
25or other branch of the Federal Government, are hereby authorized
26and empowered to administer oaths and affirmations in all
27matters pertaining to and concerning such claims.

28Section 7. Section 9 of the act is reenacted and amended to
29read:

30Section 9. United States Merchant Marine World War II Veterans'

1Bonus Fund.

2(a) Establishment.--The United States Merchant Marine World
3War II Veterans' Fund is hereby established as a restricted
4receipt account within the General Fund. The fund shall be
5administered by the State Treasurer.

6(b) Source of moneys.--Moneys to be deposited in the fund
7shall be appropriated from the General Fund by the General
8Assembly.

9(c) Lapsing of funds.--Any moneys appropriated to the fund
10remaining unexpended or unencumbered on June 30, [2007] 2015,
11shall lapse into the General Fund.

12Section 8. Section 10 of the act is reenacted to read:

13Section 10. Payment.

14The compensation payable under this act shall be paid by the
15State Treasurer from the United States Merchant Marine World War
16II Veterans' Bonus Fund.

17Section 9. Section 11 of the act is reenacted and amended to
18read:

19Section 11. Expiration.

20This act shall expire on June 30, [2007] 2015.

21Section 10. Section 12 of the act is reenacted to read:

22Section 12. Effective date.

23This act shall take effect immediately.

24Section 11. This act shall take effect immediately.