Text: SF02030 Text: SF02032 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 3137SS 76 4 33 tj/jw/5
Text: SF02030 Text: SF02032 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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