This revised summary replaces the summary dated 4-9-99.

House Bill 4290

Complete to 5-21-99

A REVISED SUMMARY OF HOUSE BILL 4290 AS INTRODUCED 2-23-99

The bill would create a new law, the "Persian Gulf War Veterans' Military Pay Act", to provide payments of $600 or $300 to eligible veterans of the Persian Gulf War or $2,000 to the beneficiaries of deceased eligible veterans.

The Persian Gulf War veterans' fund. The bill would create the Persian Gulf War veterans fund in the state treasury, which could receive money or other assets from any source. The state treasurer would direct the investment of the fund and credit any interest and earnings to the fund. Money in the fund at the end of any fiscal would remain in the fund and not go to the general fund. The Department of Military and Veterans Affairs would expend money from the fund, upon appropriation, only to pay eligible veterans or beneficiaries.

Eligibility. To be eligible for a payment from the fund, a veteran would have to have "served honorably and faithfully" in the military (the army, air force, navy, marine corps, or coast guard) at any time during the period from August 2, 1990 to July 31, 1991; have been a resident of the state for at least six months immediately before entering the service on August 2, 1990; and not have received a similar payment from another state. (The bill would define "honorable and faithful service" to mean service that resulted in (1) an honorable discharge, (2) for an officer, a certificate of service; or (3) for a veteran who had not been discharged, a certificate from the appropriate service authority that the veteran's service was honorable and faithful. "Honorable and faithful service" would not include time lost while absent without leave, in desertion, in confinement while undergoing the sentence of a court martial, or time lost while in a nonduty status because of disease contracted through the veteran's own misconduct.) The bill would define "eligible beneficiary" to mean the surviving spouse, child, mother, father, brother, or sister of a deceased veteran.

Payments. Eligible veterans whose service qualified them to receive the Southwest Asia service medal would be paid $600; otherwise, the payment would be $300. If an eligible veteran were dead, the surviving spouse, child, mother, father, brother, or sister would receive $2,000. Payments authorized under the bill would be gifts and not pay for service.

To obtain payment, an eligible veteran or eligible beneficiary would have to apply to the state adjutant general on a form prescribed by the adjutant general. If a veteran or a beneficiary were incompetent (or a minor), a guardian could apply on his or her behalf. The applicant would have to include evidence of honest and faithful service during the period of service, and each application would have to be subscribed and sworn to by the applicant before a notary public.

When the adjutant general received satisfactory proof that an applicant was entitled to payment under the bill, he or she would determine and make a record of the amount due ($600, $300, or $2,000) the applicant and transmit the claim for payment directly to the state treasurer for payment.

Denials. If the proof of eligibility submitted was not satisfactory to the adjutant general, he or she would reject the claim and notify the applicant. The notice of rejection would have to inform the claimant that he or she had a right to appeal to the court of claims within six months after the notice was mailed and that failure to appeal during this time would make the adjutant general's decision final.

When an appeal was filed with the court of claims, the adjutant general would immediately have to certify the entire record of the claim to the court and furnish any additional relevant information that the adjutant general had or that the court requested. Upon conclusion of the case, the court would enter its order allowing or denying the claim, and when the order became final, the files and records would be returned to the adjutant general and kept as a permanent record.

Penalties. A person who knowingly made a false application for benefits under the bill would be guilty of a felony punishable by imprisonment for up to three years or a fine of up to $5,000, or both.

Analyst: S. Ekstrom

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.