Bill Text: PA HB837 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for application for bonus, for United States Merchant Marine World War II Veterans' Bonus Fund and for expiration.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-10 - Referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS [HB837 Detail]

Download: Pennsylvania-2009-HB837-Introduced.html

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PRINTER'S NO. 944
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 837 Session of2009
INTRODUCED BY LONGIETTI, CALTAGIRONE, CARROLL, CASORIO, CLYMER, COHEN, CREIGHTON, DeLUCA, DONATUCCI, GEORGE, GIBBONS, HARRIS, HENNESSEY, HORNAMAN, KORTZ, KOTIK, LEVDANSKY, MANN, MICOZZIE, MILLARD, MURT, M. O'BRIEN, PALLONE, PAYNE, PETRARCA, PHILLIPS, READSHAW, REICHLEY, ROHRER, SIPTROTH, VULAKOVICH, WALKO, WATSON AND YOUNGBLOOD, MARCH 10, 2009
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 10, 2009
AN ACT
Amending the act of April 12, 2006 (P.L.67, No.22), entitled "An
act providing a bonus to Pennsylvanians who are United States
Merchant Marine veterans who served during World War II;
imposing certain duties on the Adjutant General; providing
penalties; and making an appropriation," further providing
for definitions, for application for bonus, for United States
Merchant Marine World War II Veterans' Bonus Fund and for
expiration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "Merchant Marine veteran who
served during World War II" in section 2 of the act of April 12,
2006 (P.L.67, No.22), known as the Merchant Marine World War II
Veterans Bonus Act, is amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Merchant Marine veteran who served during World War II."
(1) The term includes any individual who served active
duty[, including training,] in the United States Merchant
Marine between December 7, 1941, and August 15, 1945,
including training with the United States Merchant Marine or
the United States Maritime Service.
(2) The term does not include:
(i) any individual at any time during such period,
or thereafter, separated from the oceangoing United
States Merchant Marine under other than honorable
conditions;
(ii) any individual who renounced his United States
citizenship during such period; or
(iii) any individual who, during such period,
refused on conscientious, political, religious or other
grounds to be subject to military discipline.
Section 2. Sections 4, 9 and 11 of the act are amended to
read:
Section 4. Application for bonus.
(a) General rule.--Application for compensation shall be
made to the Adjutant General on such forms and in such manner as
the Adjutant General prescribes. A federally issued DD-214 form
evidencing honorable discharge from service in the United States
Merchant Marine for a period including any portion of the period
from December 7, 1941, through August 15, 1945, shall be deemed
sufficient evidence of qualifying service. A release from active
duty form issued by the United States Maritime Service between
December 7, 1941 and August 15, 1945, shall be deemed sufficient
evidence of qualifying training time in the United States
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Merchant Marines. The Adjutant General shall assist applicants
in obtaining copies of Federal DD-214 or release from active
duty forms should the applicant desire assistance.
(b) Personal application; exception.--An application shall
be made personally by the United States Merchant Marine veteran
who served during World War II and is a legal resident of this
Commonwealth. However, in the event that health or incompetency
prevents a personal application, then such representative of the
veteran as the Adjutant General shall prescribe shall serve as
attorney-in-fact for purposes of applying for and receiving the
bonus. An application made by a representative other than one
authorized by the Adjutant General shall be void.
(c) Acceptance and consideration of applications.--The
Adjutant General shall not accept or consider any application
filed with the Adjutant General after December 31, [2006] 2007.
The decisions of the Adjutant General in consideration of
applications shall be final and not subject to review by any
court or by any other officer[.]; provided, however, a veteran
whose application was denied because the veteran's active duty
with the United States Merchant Marine was in training with the
United States Maritime Service between December 7, 1941, and
August 15, 1945, may reapply for compensation.
Section 9. United States Merchant Marine World War II Veterans'
Bonus Fund.
(a) Establishment.--The United States Merchant Marine World
War II Veterans' Fund is hereby established as a restricted
receipt account within the General Fund. The fund shall be
administered by the State Treasurer.
(b) Source of moneys.--Moneys to be deposited in the fund
shall be appropriated from the General Fund by the General
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Assembly.
(c) Lapsing of funds.--Any moneys appropriated to the fund
remaining unexpended or unencumbered on June 30, [2007] 2009,
shall lapse into the General Fund.
Section 11. Expiration.
This act shall expire on June 30, [2007] 2009.
Section 3. This act shall be retroactive to December 30,
2007.
Section 4. This act shall take effect immediately.
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