PRINTER'S NO. 1395
No. 1146 Session of 2007
INTRODUCED BY LONGIETTI, CALTAGIRONE, CARROLL, CLYMER, CONKLIN,
DALEY, DeLUCA, EVERETT, FABRIZIO, GEORGE, GERGELY, GIBBONS,
HARHAI, HARRIS, HENNESSEY, JAMES, W. KELLER, KILLION, KORTZ,
KOTIK, KULA, MANN, MURT, M. O'BRIEN, PAYNE, PETRONE,
PHILLIPS, READSHAW, SCAVELLO, SEIP, TANGRETTI, YOUNGBLOOD,
GINGRICH, MILNE, MICOZZIE AND FREEMAN, APRIL 23, 2007
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, APRIL 23, 2007
AN ACT
1 Amending the act of April 12, 2006 (P.L.67, No.22), entitled "An
2 act providing a bonus to Pennsylvanians who are United States
3 Merchant Marine veterans who served during World War II;
4 imposing certain duties on the Adjutant General; providing
5 penalties; and making an appropriation," further providing
6 for definitions, for application for bonus, for United States
7 Merchant Marine World War II Veterans' Bonus Fund and for
8 expiration.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definition of "Merchant Marine veteran who
12 served during World War II" in section 2 of the act of April 12,
13 2006 (P.L.67, No.22), known as the Merchant Marine World War II
14 Veterans Bonus Act, is amended to read:
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
1 * * *
2 "Merchant Marine veteran who served during World War II."
3 (1) The term includes any individual who served active
4 duty[, including training,] in the United States Merchant
5 Marine between December 7, 1941, and August 15, 1945,
6 including training with the United States Merchant Marine or
7 the United States Maritime Service.
8 (2) The term does not include:
9 (i) any individual at any time during such period,
10 or thereafter, separated from the oceangoing United
11 States Merchant Marine under other than honorable
12 conditions;
13 (ii) any individual who renounced his United States
14 citizenship during such period; or
15 (iii) any individual who, during such period,
16 refused on conscientious, political, religious or other
17 grounds to be subject to military discipline.
18 Section 2. Sections 4, 9 and 11 of the act are amended to
19 read:
20 Section 4. Application for bonus.
21 (a) General rule.--Application for compensation shall be
22 made to the Adjutant General on such forms and in such manner as
23 the Adjutant General prescribes. A federally issued DD-214 form
24 evidencing honorable discharge from service in the United States
25 Merchant Marine for a period including any portion of the period
26 from December 7, 1941, through August 15, 1945, shall be deemed
27 sufficient evidence of qualifying service. A release from active
28 duty form issued by the United States Maritime Service between
29 December 7, 1941 and August 15, 1945, shall be deemed sufficient
30 evidence of qualifying training time in the United States
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1 Merchant Marines. The Adjutant General shall assist applicants
2 in obtaining copies of Federal DD-214 or release from active
3 duty forms should the applicant desire assistance.
4 (b) Personal application; exception.--An application shall
5 be made personally by the United States Merchant Marine veteran
6 who served during World War II and is a legal resident of this
7 Commonwealth. However, in the event that health or incompetency
8 prevents a personal application, then such representative of the
9 veteran as the Adjutant General shall prescribe shall serve as
10 attorney-in-fact for purposes of applying for and receiving the
11 bonus. An application made by a representative other than one
12 authorized by the Adjutant General shall be void.
13 (c) Acceptance and consideration of applications.--The
14 Adjutant General shall not accept or consider any application
15 filed with the Adjutant General after December 31, [2006] 2007.
16 The decisions of the Adjutant General in consideration of
17 applications shall be final and not subject to review by any
18 court or by any other officer[.]; provided, however, a veteran
19 whose application was denied because the veteran's active duty
20 with the United States Merchant Marine was in training with the
21 United States Maritime Service between December 7, 1941, and
22 August 15, 1945, may reapply for compensation.
23 Section 9. United States Merchant Marine World War II Veterans'
24 Bonus Fund.
25 (a) Establishment.--The United States Merchant Marine World
26 War II Veterans' Fund is hereby established as a restricted
27 receipt account within the General Fund. The fund shall be
28 administered by the State Treasurer.
29 (b) Source of moneys.--Moneys to be deposited in the fund
30 shall be appropriated from the General Fund by the General
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1 Assembly.
2 (c) Lapsing of funds.--Any moneys appropriated to the fund
3 remaining unexpended or unencumbered on June 30, [2007] 2008,
4 shall lapse into the General Fund.
5 Section 11. Expiration.
6 This act shall expire on June 30, [2007] 2008.
7 Section 3. This act shall be retroactive to December 30,
8 2006.
9 Section 4. This act shall take effect immediately.
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