CHAPTER 455
S.P. 351 - L.D. 1170
An Act to Amend Department of Defense and Veterans' Affairs Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 2 MRSA §6, sub-§6, as amended by PL 1991, c. 626, §1, is further amended to read:
6. Range 85. The salaries of the following state officials and employees are within salary range 85:
Director of Civil Emergency Preparedness the Maine Emergency Management Agency;
Members, Maine Unemployment Insurance Commission; and
Director of the Military Bureau.; and
Director of the Bureau of Maine Veterans' Services.
Sec. 2. 5 MRSA §285, sub-§1, ¶F-3, as enacted by PL 1993, c. 410, Pt. L, §10, is amended to read:
F-3. Any employee of the Maine State Retirement System; and
Sec. 3. 5 MRSA §285, sub-§1, ¶F-4 is enacted to read:
F-4. Any member of the Maine National Guard performing state active service pursuant to Title 37-B, section 181-A, subsection 4 or 5; and
Sec. 4. 5 MRSA §952, sub-§1, ¶¶A and B, as amended by PL 1991, c. 626, §2, are further amended to read:
A. Director of the Military Bureau; and
B. Director, Maine Emergency Management Agency.; and
Sec. 5. 5 MRSA §952, sub-§1, ¶D is enacted to read:
D. Director of the Bureau of Maine Veterans' Services.
Sec. 6. 10 MRSA §1026-C, sub-§3, ¶¶A and B, as amended by PL 1991, c. 626, §3, are further amended to read:
A. One or more individuals who are residents of the State and who have received from the Division of Veterans' Services Bureau of Maine Veterans' Services or any successor agency certifications that they are veterans; or
B. A business organization in which at least 51% of the controlling ownership is held by one or more individuals who are residents of the State and who have received from the Division of Veterans' Services Bureau of Maine Veterans' Services or any successor agency certifications that they are veterans.
Sec. 7. 18-A MRSA §5-104, as amended by PL 1979, c. 690, §17, is repealed and the following enacted in its place:
§5-104. Delegation of powers by parent or guardian
(a) A parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any of that parent's or guardian's powers regarding care, custody or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. A delegation by a court appointed guardian becomes effective only when the power of attorney is filed with the court.
(b) Notwithstanding subsection (a), unless otherwise stated in the power of attorney, if the parent or guardian is a member of the United States Armed Forces Reserve under an order to active duty for a period of more than 30 days, a power of attorney that would otherwise expire is automatically extended until 30 days after the parent or guardian is no longer under those active duty orders or until an order of the court so provides.
This subsection applies only if the parent or guardian's service is in support of:
(1) An operational mission for which members of the reserve components have been ordered to active duty without their consent; or
(2) Forces activated during a period of war declared by Congress or a period of national emergency declared by the President or Congress.
Sec. 8. 22 MRSA §4314, sub-§2, as amended by PL 1995, c. 86, §2, is further amended to read:
2. Financial institutions. A treasurer of any bank, federally or state-chartered credit union, trust company, benefit association, insurance company, safe deposit company or any corporation or association receiving deposits of money, except national banks, shall, on request in writing signed by the overseer of any municipality or its agents, or by the Commissioner of Human Services or the commissioner's agents or by the Commissioner of Defense and Veterans' Services or the commissioner's agents, inform that overseer or the Department of Human Services or the Division of Veterans' Services Bureau of Maine Veterans' Services of the amount deposited in the corporation or association to the credit of the person named in the request, who is a charge upon the municipality or the State, or who has applied for support to the municipality or the State.
Sec. 9. 37-B MRSA first 2 lines are repealed and the following enacted in their place:
TITLE 37-B
DEFENSE, VETERANS AND EMERGENCY MANAGEMENT
Sec. 10. 37-B MRSA §2, first ¶, as amended by PL 1987, c. 370, §10, is further amended to read:
The department shall consist consists of the following bureaus and agency:
Sec. 11. 37-B MRSA §2, sub-§3, as amended by PL 1991, c. 626, §5, is further amended to read:
3. Bureau of Maine Veterans' Services. The Division of Veterans' Services Bureau of Maine Veterans' Services.
Sec. 12. 37-B MRSA §4, as amended by PL 1993, c. 694, §1, is further amended to read:
The Division of Veterans' Services and each Each bureau of the department must have a director. The Director of the Military Bureau, the Director of Operations of the Division of the Bureau of Maine Veterans' Services and the Director of the Maine Emergency Management Agency are each appointed by the Adjutant General commissioner and shall serve at the pleasure of the Adjutant General commissioner. These directors may not hold any other state office for compensation. If the Adjutant General is unable to act, the Director of the Military Bureau has the civilian administrative powers and duties of the Adjutant General in the Adjutant General's capacity as Commissioner of Defense and Veterans' Services. The Director of the Military Bureau may also perform other civilian duties of the Adjutant General as assigned by the Adjutant General or the Governor. The commissioner may designate one of the bureau or agency directors to have the same civilian administrative powers and duties of the commissioner if the commissioner is unavailable or unable to act. The directors will perform other civilian duties as assigned by the commissioner or Governor.
Sec. 13. 37-B MRSA §143, as amended by PL 1983, c. 594, §4, is repealed and the following enacted in its place:
1. Pay and allowances. Members of the Maine National Guard ordered to active state service under this Title, except under section 150, are entitled to receive at least the same pay and allowance as would be payable to those persons from the United States Armed Forces. The member's pay, except for that pay of those members serving under section 150, must include a minimum pay based upon at least 12 hours a day at the state minimum wage.
Sec. 14. 37-B MRSA §151, as enacted by PL 1983, c. 594, §6, is amended to read:
The Military Bureau may operate and maintain lodging facilities for military personnel and charge collect a quarters fee of not more than $5 each night to authorized National Guard or active or reserve United States military personnel on behalf of both the federal government and the Military Bureau. The fees shall be used to provide funds to cover the cost of maintenance, cleaning and laundry services for will fund these lodging facilities. That portion of the fees due the Federal Government will be transferred to the United States Property and Fiscal Officer on a quarterly basis or as requested. Any balances remaining at the end of the fiscal year shall do not lapse but shall must be carried forward to be used for the purposes stated in this section.
Sec. 15. 37-B MRSA §155 is enacted to read:
The Maine National Guard may provide services in accordance with section 181-A, subsections 4 and 5 and section 183 for federal, state, county, regional and municipal governments and agencies and nongovernmental entities and may charge for those services. The fees collected must be allocated for funding the cost of providing those services.
Sec. 16. 37-B MRSA c. 7, first 2 lines are repealed and the following enacted in their place:
CHAPTER 7
BUREAU OF MAINE VETERANS' SERVICES
Sec. 17. 37-B MRSA §501, as amended by PL 1991, c. 626, §8, is further amended to read:
The Division of Veterans' Services Bureau of Maine Veterans' Services, referred to in this chapter as the "division bureau," is established and shall provide informational services, program assistance, memorial facilities and financial aid to veterans in the State and their dependents in order to insure ensure that they receive all entitlements due under the law, are relieved to the extent possible of financial hardship, receive every opportunity for self-improvement through higher education and are afforded proper recognition for their service and sacrifice to the Nation.
Sec. 18. 37-B MRSA §502, as amended by PL 1993, c. 694, §2, is further amended to read:
§502. Director of Bureau of Maine Veterans' Services
The Director of Operations of the Division of the Bureau of Maine Veterans' Services, referred to in this chapter as the "director," shall direct the operation of the division bureau.
Sec. 19. 37-B MRSA §503, as amended by PL 1993, c. 694, §3, is further amended to read:
The Director of Operations director has the following powers and duties.
1. Employment of personnel. The Director of Operations director may employ, subject to approval of the appointing authority and the Civil Service Law, the personnel necessary to administer this chapter. All full-time permanent employees, except clerical employees, must be persons who served on active duty in the United States Armed Forces during any federally recognized period of conflict, as defined in section 504, subsection 4, paragraph A-1, subparagraph (3).
2. Expenditures. The Director of Operations director may make expenditures approved by the Adjutant General commissioner necessary to carry out this chapter.
3. Agent. The Director of Operations director shall act, upon request, as the agent of any Maine resident who has a claim against the United States for any compensation, pension, insurance, loan or other benefit accruing as a result of any federal military service and, in cooperation with all public and private agencies, shall prosecute the claim without charge.
4. Record. The Director of Operations director shall maintain a permanent record of all Maine residents who served in the armed services after December 7, 1941.
6. Other duties. The Director of Operations director shall perform other duties required by this chapter.
Sec. 20. 37-B MRSA §504, sub-§1, as amended by PL 1993, c. 694, §4, is further amended to read:
1. Land acquisition. The Director of Operations director may acquire by eminent domain in accordance with Title 35-A, chapter 65 and with approval of the Governor, or by purchase, gift or otherwise, real estate in fee simple, or any interest therein, for use as a Veterans' Memorial Cemetery. The land may not exceed 200 acres in area and must be located near the center of population of the State.
Sec. 21. 37-B MRSA §504, sub-§2, as amended by PL 1993, c. 694, §5, is further amended to read:
2. Superintendent. The Director of Operations director, with approval of the appointing authority, shall appoint a competent and trustworthy cemetery superintendent and shall arrange for personnel, material and equipment necessary for adequate maintenance of the cemetery. The superintendent must be an honorably discharged war veteran or a war veteran currently a member of the armed services in nonactive or reserve status.
Sec. 22. 37-B MRSA §504, sub-§3, as amended by PL 1993, c. 694, §5, is further amended to read:
3. Monuments, buildings and markers. The Director of Operations director shall cause to be erected erect a suitable monument in the center of the cemetery.
A. The monument must be suited to the topography of the land and display, on suitable flag poles, the national emblem and the state flag in accordance with the Flag Code.
B. The immediate area surrounding the monument must be prepared and reserved as a suitable place for commemorating Memorial Day and other appropriate observances. The remaining grounds must be laid out in a wheel-like pattern around the monument, expanding from the center as required. Suitable buildings may be erected for purposes the Director of Operations director determines necessary.
C. All grave markers must be flat-type granite, as furnished by the United States Department of the Army, Memorial Division, or flat-type granite facsimiles of a marker. All boxes used for burial must be protected with permanent vaults or grave liners. Stones and vaults may not be provided at state expense.
Sec. 23. 37-B MRSA §504, sub-§4, ¶B, as amended by PL 1993, c. 694, §6, is further amended to read:
B. The Director of Operations shall director must allow the earth burial in the cemetery of any eligible veteran who requests burial in the cemetery. The Director of Operations shall director must allow the veteran the option of crypt burial if crypt space exists. All burials must be without charge.
Sec. 24. 37-B MRSA §504, sub-§4, ¶C, as amended by PL 1993, c. 694, §7, is further amended to read:
C. At the dependent's request, the Director of Operations shall director must allow an eligible dependent of a veteran to be buried in the cemetery if, at the date of the dependent's death, the veteran would be eligible for burial. Dependents may be buried in the earth or placed in a crypt adjacent to the veteran without charge, provided that:
(1) If the veteran dies first, the dependents specify in writing their intention to be so buried;
(2) If the dependent dies first, the veteran specifies in writing the intention to be buried in the cemetery; or
(3) Eligible family members of members of the armed services or veterans who are permanently buried overseas, buried at sea, missing in action and declared dead, or whose bodies are inaccessible for other reasons, may be buried in this cemetery, provided that the deceased member of the armed services or veteran was eligible for the burial at the time of death.
Sec. 25. 37-B MRSA §505, sub-§1, ¶¶B to H, as amended by PL 1991, c. 626, §16, are further amended to read:
B. Application for financial assistance under this subsection must be made to the division bureau on forms provided by the division bureau. Application may be made by the veteran or that veteran's dependent or a person recognized by the division bureau as entitled to act on behalf of that person.
C. Eligibility for aid is determined as follows.
(1) Financial assistance must be granted under this subsection to a veteran who is:
(a) Single;
(b) A resident of the State; and
(c) In dire need.
(2) Financial assistance must be granted under this subsection to a spouse, a child, a parent or the parents of a veteran if that person is a resident and in need.
(3) Financial assistance under this subsection is not forfeited because of temporary absence from the State.
(4) The division shall bureau must give preference to applications when the death or disability of the veteran is due to military service or when the death or disability may be presumed to be due to military service.
D. The division shall bureau must require proof of the veteran's disability and its effect on the veteran's ability to provide for the veteran and the veteran's dependents.
E. The division shall determine bureau determines the amount of financial assistance allowed under this subsection. In making that determination, the division shall bureau must give consideration to the following:
(1) The resources of the veteran and the veteran's dependents, including all other income and resources available to provide the dependents with a reasonable subsistence compatible with health and decency;
(2) Budgetary standards compiled by the division bureau that reasonably reflect current costs of average standards of living; and
(3) Other necessary expenditures and conditions applicable in each case.
F. Financial assistance approved by the division bureau and audited by the State Controller must be paid by the Treasurer of State and may, in the discretion of the division bureau, be paid to any person whom it may designate for the benefit of eligible dependents.
G. The division bureau shall administer funds appropriated for the purpose of carrying out this subsection and shall, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, adopt rules necessary to administer these funds.
H. Any person who is denied financial assistance under this subsection or who is not satisfied with the amount allotted to that person by the division bureau may appeal to the Commissioner of Defense and Veterans' Services commissioner. Each applicant for financial assistance must be advised, at the time a decision on the application is made, of the applicant's right of appeal and of the method and time for making the appeal. The appellant must be provided with reasonable notice and a fair hearing. At the hearing, the commissioner or a member of the division bureau authorized by the commissioner shall hear all evidence pertinent to the matter at issue and render a decision in the name of the commissioner, within a reasonable time after the hearing. On request of the appellant, the commissioner shall arrange for the hearing to be recorded in writing or on tape. A copy of the record must be provided to the appellant at the appellant's request and expense. An appeal to the Superior Court may be taken in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter VII.
Sec. 26. 37-B MRSA §505, sub-§2, ¶¶B and D, as amended by PL 1993, c. 694, §8, are further amended to read:
B. The division bureau shall pay to a spouse or child of a veteran a maximum of $300 per year toward the cost of higher education during a period not exceeding 8 semesters of attendance or 6 consecutive academic years from the date of first entrance. The Director of Operations director may waive the limitation of 6 consecutive academic years when the recipient's education has been interrupted by severe medical disability or illness making continued attendance impossible. These educational benefits must be used for the purpose of providing tuition, matriculation fees, board, room rent, books and supplies. Assistance under this subsection may not be paid to any eligible person receiving benefits under paragraph C.
D. Appropriations for the administration of this subsection must be determined from the recommendation of the Director of Operations director, who shall furnish estimates of the costs of carrying out this subsection in the same manner as for other appropriations allocated to the division bureau. Appropriations made for these purposes will be to a specific account.
Sec. 27. 37-B MRSA §505, sub-§4, ¶B, as amended by PL 1993, c. 273, §2, is further amended to read:
B. The division bureau:
(1) Must have a specific expertise on radiation and toxic chemicals, particularly dioxin;
(2) Must be knowledgeable of the specific reasons for the Federal Government's policy regarding assistance to veterans relative to their exposure to radiation and toxic chemicals;
(3) Shall develop and present a response to federal agencies concerning veterans and their exposure to radiation and toxic chemicals and, in this regard, must be knowledgeable of any actions being taken by other states, coordinate this State's response with any multi-state effort and, if there appears to be a lack of leadership, take a leadership role in such an effort;
(4) Shall actively seek out veterans who may have been exposed to radiation and toxic chemicals and attempt to involve them in available programs and act as an ombudsman for them;
(5) May develop and disseminate written materials on atomic radiation and Agent Orange. A booklet must include information on the following: the effect of exposure on veterans and their children; services available from the Veterans' Administration; how to file claims and class action suits; and the names and addresses of state, local and private agencies to which veterans may go for assistance. In developing the booklet, the division shall follow the recommendations of any commission or committee that has studied Agent Orange and atomic radiation problems;
(6) May attend conferences that are necessary to carry out the responsibilities in this paragraph; and
(7) Shall maintain the 2 registries of veterans residing in the State, one for Vietnam veterans who report they were exposed to toxic chemicals while serving in the armed services and one for atomic veterans who report they were exposed to radiation while serving in the armed services, that were initially developed in consultation with the former Commission on Vietnam and Atomic Veterans. To maintain the registries, the division shall collect the names from existing registries and may contact other organizations, hold public hearings or use other methods to collect the names of veterans.; and
(8) Shall assign at least one employee to work on a full-time basis to carry out the special veterans services required by this subsection.
(9) Must ensure that all veterans' counselors have a working expertise of special veterans services required by this subsection.
Sec. 28. 37-B MRSA §506, sub-§1, as amended by PL 1993, c. 694, §9, is further amended to read:
1. Claimant or representative. To the claimant personally, as to matters concerning the claimant alone, when, in the Director of Operation's director's judgment, the disclosure would not be injurious to the claimant's physical or mental health, or to the claimant's duly appointed guardian or duly authorized representative holding a power or appointment approved by the supervisor;
Sec. 29. 37-B MRSA §507, first ¶, as amended by PL 1991, c. 626, §20, is further amended to read:
The division bureau may accept federal funds under any federal law now in effect or hereafter enacted that makes these funds available to the states for:
Sec. 30. 37-B MRSA §603, as amended by PL 1991, c. 626, §24, is further amended to read:
The administration of the homes is vested in the Board of Trustees of the Maine Veterans' Homes, as authorized by Title 5, section 12004-G, subsection 34. The board consists of 10 members, one of whom must be the Supervisor of the Division of Veterans' Services Director of the Bureau of Maine Veterans' Services, ex officio, who shall serve without term. The Governor shall appoint the remaining trustees, who must be honorably discharged war veterans. One member must be appointed from and represent each of the largest veterans' organizations, not exceeding 5, that are nationally chartered and have a department in Maine. The remaining members must be appointed at large and shall serve staggered 3-year terms. The membership must be distributed across the State so that 3 reside in the southern part of the State, 3 in the central part and 3 in the northern part. In the event of a vacancy, a successor must be appointed to complete the unexpired term. Each trustee shall continue continues to hold office until a successor is appointed and qualified.
Sec. 31. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Department of Defense and Veterans' Services" appear or reference is made to those words, they are amended to read and mean "Department of Defense, Veterans and Emergency Management," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 32. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Commissioner of Defense and Veterans' Services" appear or reference is made to those words, they are amended to read and mean "Commissioner of Defense, Veterans and Emergency Management," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 33. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
1997-98 1998-99
DEFENSE AND VETERANS' SERVICES, DEPARTMENT OF
Veterans Services
Personal Services $11,033 $11,164
Provides funds for the reclassification of the Director of Operations of the Division of Veterans' Services, Pay Range 28, to the Director of the Bureau of Maine Veterans' Services, Pay Range 85.
Effective September 19, 1997, unless otherwise indicated.
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