CHAPTER 273
H.P. 818 - L.D. 1189
An Act To Update the Veteran Services Laws and Establish a Commemorative Program for Veterans
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 37-B MRSA §504, sub-§4, ¶A-1, as amended by PL 2001, c. 662, §65, is further amended to read:
A-1. As used in this subsection, unless the context indicates otherwise, the following terms have the following meanings.
(1) "Eligible dependent" means the wife, husband, surviving spouse, unmarried minor child, unmarried dependent child enrolled in secondary school or unmarried adult child who became incapable of self-support before reaching 18 years of age on account of mental or physical defects disabilities.
(2) "Eligible veteran" means any person who:
(a) Served in the active United States Armed Forces and who:
(i) If discharged, received an honorable discharge or a general discharge under honorable conditions, provided that the discharge was not upgraded through a program of general amnesty;
(b) Served in the Maine National Guard and died as a result of injury, disease or illness sustained while serving on active state service as provided in chapter 3, subchapter III 3; or
(d) Served in the Reserve Components of the United States Armed Forces and was entitled to retired pay under 10 United States Code, chapter 1223 or would have been entitled to retired pay under chapter 1223 except that the person was under 60 years of age.
Sec. 2. 37-B MRSA §505, sub-§2, ¶A, as amended by PL 2001, c. 662, §66, is further amended by amending subparagraph (3) to read:
(3) "Veteran" means any person who served in the military or naval forces of the United States and entered the service from this State or resided in this State for 5 years immediately preceding application for aid and, if living, continues to reside in this State and who:
(a) Is living and is determined to have Has a total permanent disability resulting from a service-connected disability as a result of service;
(b) Was killed in action;
(c) Died from a service-connected disability as a result of service;
(d) At the time of death was totally and permanently disabled due to service-connected disability, but whose death was not related to the service-connected disability; or
(e) Is a member of the Armed Forces on active duty who has been listed for more than 90 days as missing in action, captured or forcibly detained or interned in the line of duty by a foreign government or power.
The continuous residency requirement of this subparagraph does not apply to a person who is receiving educational benefits under this chapter on or before January 1, 2006.
Sec. 3. 37-B MRSA §509, sub-§2, ¶¶E and F, as enacted by PL 2003, c. 404, §7, are amended to read:
E. An attorney for any person specified in paragraphs A to D of this subsection; or
F. A civilian employee or military member of the department when in the conduct of official duties.; or
Sec. 4. 37-B MRSA §509, sub-§2, ¶G is enacted to read:
G. The administrator of the Maine Veterans' Home when in the conduct of official duties.
Sec. 5. 37-B MRSA §§510 and 511 are enacted to read:
§510. Commemorative certificates, coins and medals
A commemorative certificates, coins and medals recognition program is established as follows.
1. Design; construct; issue. The director is authorized to design, construct and issue commemorative certificates, coins and medals honoring Maine's veterans serving in different conflicts. For World War II, the Korean Conflict and the Vietnam War, the commemorative items must be of a design similar to the World War II, Korean Conflict and Vietnam War plaques that are displayed in the Hall of Flags in the State House.
2. Solicit donations. The bureau is authorized to solicit donations from private citizens, corporations and entities to help fund the design, construction and issuance of commemorative items under this section.
3. Advisory committee. The bureau shall establish an advisory committee of interested persons, including, but not limited to, veterans of the Persian Gulf War and the wars in Iraq and veterans from the period from 1947 to 1990, to develop commemorative items honoring veterans. Approval of commemorative items rests with the Commissioner of Defense, Veterans and Emergency Management.
4. Purchase by public. Specially identified commemorative certificates, coins and medals may be sold to the public as long as they are distinctive from those items awarded to the actual veterans.
A nonlapsing fund is established for the purpose of receiving funds from the State, donations from private citizens, corporations and entities and funds from the sales of commemorative items to pay the costs of the program established under section 510.
Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.
DEFENSE, VETERANS AND EMERGENCY MANAGEMENT,
DEPARTMENT OF
Veterans Services 0110
Initiative: Provides initial allocations to reflect the establishment of a new account to allow the sale of certain commemorative materials.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
All Other $500 $500
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL $500 $500
Effective September 17, 2005.
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