An Act To Update the Veteran Services Laws and Establish a Commemorative Program for Veterans
Maine Legislature, Session 122, LD 1189
Committee: Legal and Veterans Affairs
Sponsors: GAGNON, HOTHAM, PINKHAM

Legislative Document 
No. 1189 
H.P.818 
House of Representatives, March 8, 2005 
An Act To Update the Veteran Services Laws and Establish a 
Commemorative Program for Veterans 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representati ve PATRICK of Rumford. 
Cosponsored by Senator GAGNON of Kennebec and 
'!r/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: HOTHAM of Dixfield, PINKHAM of Lexington Township. 
Printed on recycled paper 
Be it enacted by the People of tfte State of Maine as follows: 
Sec. 1. 37-B MRSA §S04,. sub-§4, 1fA-l, as amended by PL 200'1, c. 
662, §65, is further amended to read: 
A-I. 
As 
used 
in 
indicates otherwise, 
meanings. 
this 
subsection, 
un:less 
the 
context 
the following terms have the following 
(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 aefeets 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 1: 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 §SOS, sub-§2, 1fA, 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: 
Page l-LR0620(1) 
(a) 
*6--1-is..z-1nq--aRE1--:i:-s--E1et;eI'HliReE1--t~-B.ave 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 
permanently 
disabled 
due 
to 
disability, but whose death was 
service-connected disability; or 
was 
totally 
and 
service-connected 
not related to the 
(e) 
I s 
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. 
Sec. 3. 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; cons~ruct; 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. 
Adviso~~omm~ttee. 
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. 
§511. 
Fund established 
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. 
SUMMARY 
This bill requires that a veteran whose child qualifies for 
a 100% tuition waiver on the basis of the veteran's residing in 
this State for 5 years immediately preceding applications for aid 
must continue to reside in the State while the tuition waiver is 
in effect for the child. 
The bill changes the term "physical defects" to "physical 
disabilities." 
The bill establishes a commemorative certificates, coins and 
medals recognition program for the State's veterans using state 
and private funds as well as sale proceeds to pay for the program.