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Text: HF02051                           Text: HF02053
Text: HF02000 - HF02099                 Text: HF Index
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House File 2052

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  35E.1  DEFINITIONS.
  1  2    As used in this Act, unless the context otherwise requires:
  1  3    1.  "Active duty" means full-time duty in the merchant
  1  4 marine service of the United States, excluding active duty for
  1  5 training purposes only, excluding any period a person was
  1  6 assigned to a civilian institution for a course of study or
  1  7 training which was substantially the same as established
  1  8 courses offered to civilians, and including a cadet or
  1  9 midshipman enrolled at one of the service academies.
  1 10    2.  "Board" means the merchant marine service compensation
  1 11 board.
  1 12    3.  "Fund"  means the merchant marine service compensation
  1 13 fund.
  1 14    Sec. 2.  NEW SECTION.  35E.2  MERCHANT MARINE SERVICE
  1 15 COMPENSATION BOARD.
  1 16    A merchant marine service compensation board is created.
  1 17 The membership of the board consists of the auditor of state,
  1 18 the treasurer of state, and the adjutant general of this
  1 19 state.
  1 20    Sec. 3.  NEW SECTION.  35E.3  MERCHANT MARINE SERVICE
  1 21 COMPENSATION FUND CREATED.
  1 22    A merchant marine service compensation fund is created in
  1 23 the state treasury.  The proceeds of the fund shall be used to
  1 24 pay the compensation claims, administrative expenses and
  1 25 costs, and legal fees as otherwise provided in this chapter.
  1 26    Sec. 4.  NEW SECTION.  35E.4.  DUTIES OF THE BOARD &endash;
  1 27 APPLICATIONS &endash; DEADLINE.
  1 28    1.  The board shall administer the provisions of this
  1 29 chapter, shall examine all applications for service
  1 30 compensation, shall approve or disapprove the applications,
  1 31 and shall carry out any investigations as necessary to
  1 32 establish facts.  If an application is disapproved by the
  1 33 board, the applicant may appeal to the district court of the
  1 34 state of Iowa in the county of the applicant's legal residence
  1 35 as provided in section 17A.19.
  2  1    2.  When an application is approved by the board, the
  2  2 applicant shall be paid as provided in this chapter.  The
  2  3 board shall prepare and transmit vouchers to the department of
  2  4 revenue and finance in payment of the compensation claims
  2  5 provided for in this chapter and other necessary
  2  6 administrative expenses.  The director of revenue and finance
  2  7 shall issue a warrant for the amount stated in the voucher and
  2  8 the treasurer of state shall pay the warrants out of the
  2  9 merchant marine compensation fund.
  2 10    3.  The board may employ assistants and incur other
  2 11 expenses as may be necessary for the administration of this
  2 12 chapter.  The assistants as the board may determine shall be
  2 13 exempt from the provisions of chapter 19A and shall give bond
  2 14 in an amount as may be determined by the board.  The board
  2 15 shall adopt rules, pursuant to chapter 17A, as necessary to
  2 16 administer this chapter.
  2 17    4.  To receive compensation as provided in this chapter, an
  2 18 applicant, or the applicant's successor in interest, shall
  2 19 file an application with the board before July 1, 1998.  The
  2 20 application shall be made on forms provided by the board.
  2 21    Sec. 5.  NEW SECTION.  35E.5  MERCHANT MARINE COMPENSATION
  2 22 &endash; QUALIFIED PERSONS.
  2 23    1.  Each person who served on active duty in the merchant
  2 24 marine service of the United States, at any time between
  2 25 September 16, 1940, and September 2, 1945, both dates
  2 26 inclusive, and who served for a period of not less than one
  2 27 hundred twenty days on or before December 31, 1946, and who at
  2 28 the time of entering into the merchant marine service was a
  2 29 legal resident of the state of Iowa, and who had maintained
  2 30 the person's residence in this state for a period of at least
  2 31 six months immediately before entering the merchant marine
  2 32 service and was honorably discharged or separated from the
  2 33 merchant marine service is entitled to receive from the fund
  2 34 the sum of twenty-two dollars and seventy-five cents for each
  2 35 month that the person was on active duty in the merchant
  3  1 marine service, all before December 31, 1946, not to exceed a
  3  2 total sum of five hundred dollars.  Compensation for a
  3  3 fraction of a month shall not be considered unless the
  3  4 fraction is sixteen days or more, in which case the fraction
  3  5 shall be computed as a full month.
  3  6    2.  A person is not entitled to compensation pursuant to
  3  7 this chapter if the person received a bonus or compensation of
  3  8 a similar nature as provided in this chapter from another
  3  9 state.
  3 10    3.  A person is not entitled to compensation pursuant to
  3 11 this chapter if the person was on active duty in the merchant
  3 12 marine service after September 16, 1940, and the person
  3 13 refused on conscientious, political, religious, or other
  3 14 grounds, to be subject to military discipline.
  3 15    4.  The surviving widow or widower, child or children,
  3 16 mother, father, or person standing in loco parentis, in the
  3 17 order named and none other, of any deceased person, shall be
  3 18 paid the compensation that the deceased person would be
  3 19 entitled to pursuant to this chapter, if living, but if any
  3 20 person has died or shall die, or is disabled, from service-
  3 21 connected causes incurred during the period and in the area
  3 22 from which the person is entitled to receive compensation
  3 23 pursuant to this chapter, the person or the first survivor as
  3 24 designated by this chapter and in the order named, shall be
  3 25 paid five hundred dollars, regardless of the length of
  3 26 service.
  3 27    Sec. 6.  NEW SECTION.  35E.6  FALSE STATEMENT &endash; PENALTY.
  3 28    A person who knowingly makes a false statement relating to
  3 29 a material fact in supporting an application under this
  3 30 chapter is guilty of a serious misdemeanor.  A person
  3 31 convicted pursuant to this section shall forfeit all benefits
  3 32 to which the person may have been entitled under this chapter.
  3 33    Sec. 7.  NEW SECTION.  35E.7  TAX EXEMPTION.
  3 34    All payments and allowances made under this chapter shall
  3 35 be exempt from taxation and from levy and sale on execution.
  4  1    Sec. 8.  APPROPRIATION.  There is appropriated to the
  4  2 merchant marine compensation fund from the general fund of the
  4  3 state for the fiscal biennium beginning July 1, 1996, and
  4  4 ending June 30, 1998, the sum of $250,000, or so much thereof
  4  5 as is necessary, to pay the merchant marine compensation
  4  6 claims, administrative expenses and costs, and legal fees as
  4  7 authorized in chapter 35E.  
  4  8                           EXPLANATION
  4  9    This bill provides a bonus for Iowans who served on active
  4 10 duty with the merchant marines of the United States during
  4 11 World War II.  The bill includes merchant mariners who served
  4 12 on active duty between September 16, 1940, and September 2,
  4 13 1945, and who served for at least 120 days on or before
  4 14 December 31, 1946.  The compensation amounts to $22.75 per
  4 15 month but not to exceed a total sum of $500.  The bill also
  4 16 provides for payment to certain surviving family members of a
  4 17 deceased merchant mariner.  An application for compensation
  4 18 must be filed before July 1, 1998.
  4 19    The bill creates a merchant marine service compensation
  4 20 board consisting of the auditor of state, treasurer of state,
  4 21 and adjutant general of this state, and a merchant marine
  4 22 service compensation fund, the proceeds of which will be used
  4 23 to pay the merchant mariners compensation, administrative
  4 24 costs and expenses, and legal fees.
  4 25    An appropriation of $250,000 is included to fund the
  4 26 requirements of the bonus and its administrative costs.
  4 27    A person who knowingly submits false statements in support
  4 28 of a bonus claim is guilty of a serious misdemeanor.  A
  4 29 serious misdemeanor is punishable by a fine of at least $250
  4 30 but not more than $1,500 and imprisonment for not more than
  4 31 one year.  
  4 32 LSB 3137HH 76
  4 33 tj/jw/5
     

Text: HF02051                           Text: HF02053
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