CIERPIOT, BERKSTRESSER, REINHART (Co-sponsors), ROBIRDS, LONG, MARBLE,
NORDWALD AND ROSS.
Read 1st time February 3, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 42, RSMo, relating to veterans' affairs by adding thereto five new sections relating to the same subject, with a penalty provision.
Section A. Chapter 42, RSMo, is amended by adding thereto five new sections, to be known as sections 42.150, 42.155, 42.160, 42.165 and 42.170, to read as follows:
42.150. 1. Every person who served on active duty in the United States military service, including the merchant marine serving under veteran status, during World War II, except those excluded pursuant to section 42.155, for a period of at least twelve consecutive months between December, 1941, and September, 1945, or who served a lesser period but was discharged due to injuries received while in active duty, and who was a legal resident of the state of Missouri at the time of entering service or at the time this bill was presented in 2000, and who was honorably separated or discharged from service, or is still in active service in an honorable status, or has been retired, furloughed to a reserve or placed on inactive status, shall receive one lump sum bonus of four hundred dollars, regardless of whether or not he or she served overseas. In addition, any such person who served and received wounds in a combat area qualifying such person for the purple heart medal shall receive an additional one hundred dollar bonus.
2. Any person qualifying for the bonus in subsection 1 of this section may be required to provide documented evidence of service or certified testimony that verifies service record.
3. No person who has been at any time guilty of any fraud or willful violation or evasion of or resistance to the Selective Service Act, or the rules and regulations of the War or Defense Department in force thereunder or who has been paid a bonus by any other state for the same service shall be entitled to a bonus pursuant to this section.
4. No right or payment pursuant to sections 42.150 to 42.170 shall be taxable or subject to the claim of any creditor.
42.155. 1. In the case of the death, after application, of any person who would be entitled to the bonus pursuant to sections 42.150 to 42.170, the same shall be paid to the surviving spouse.
2. Any person making application for a bonus pursuant to sections 42.150 to 42.170 shall set forth in his or her application the names and addresses of any spouse who would be entitled to receive the same in the event of the death of the applicant and, if the applicant dies before payment of the bonus, then such application shall inure to the benefit of the surviving spouse and payment shall be made to such surviving spouse upon proof of identity satisfactory to the division of veterans' affairs. If the spouse dies before payment thereof, the right of the bonus ceases and terminates.
42.160. 1. The division of veterans' affairs in the department of public safety shall administer sections 42.150 to 42.170, and may adopt all necessary rules and regulations to implement the provisions of sections 42.150 to 42.170. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. The division shall determine as expeditiously as possible the persons who are entitled to payments pursuant to sections 42.150 to 42.170 and direct the payment in the manner herein prescribed. Applications for payment shall be filed with the division within one year from the effective date of sections 42.150 to 42.170 on forms prescribed and furnished by the division. The division shall approve and pay all claims that are in order and allowable.
2. If the division, after due consideration, finally disallows the claim of any person for the bonus pursuant to sections 42.150 to 42.170, a statement of the reason for disallowance shall be filed with the application and notice thereof mailed to the applicant at his or her last known address. Within sixty days after mailing this notice, the applicant may have his or her application reconsidered by the governor, attorney general and the adjutant general of the state of Missouri, sitting as a board of review, upon filing with the division an application for review. Upon the filing of the application for review the division shall, within thirty days of receipt of such application, deliver to the governor all papers and files in his or her office pertaining to the claim. Upon receipt of such papers and files, the governor shall arrange for a hearing by the board of review and shall cause notice of such hearing to be mailed to the applicant. The applicant shall be entitled to appear at the hearing and be represented by counsel. If the decision of the division is approved at such hearing, a statement to that effect shall be made and signed by the governor and all the files again returned to the division. If the board of review overrules the decision of the division and allows the claim for the bonus, then the decision shall be certified by the governor to the division and the division shall allow and pay the claim in the same manner as if the claim had been allowed by the division in the first instance.
42.165. The "Veterans Service Bonus Fund", is hereby created in the state treasury. Money appropriated to the fund shall be retained therein until the accumulated balance in the fund is sufficient to pay the claims filed and allowed pursuant to section 42.160. As soon as possible after the expiration of one year from the effective date of sections 42.150 to 42.170, and after final action on all duly filed claims has been taken pursuant to section 42.160, the division of veterans' affairs shall pay the claims out of the fund as provided by law. When all bonus claims filed and allowed have been paid, the fund shall automatically be terminated. Any balance remaining in the veterans service bonus fund after all claims have been paid shall be transferred to the general revenue fund. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund at the end of the biennium.
42.170. Whoever knowingly makes a false statement, oral or written, of any material fact relating to a claim
pursuant to the provisions of sections 42.150 to 42.170 is guilty of a class A misdemeanor.
Missouri House of Representatives