An Act To Update Department of Defense, Veterans and ~ Management Laws
Maine Legislature, Session 123, LD 2069
Committee: Legal and Veterans Affairs
Sponsors: SCHNEIDER, GERZOFSKY, PATRICK
Amends: 37-B MRSA §504, 37-B MRSA §505

Legislative Document 
No. 2069 
H.P.1453 
House of Representatives, December 21, 2007 
An Act To Update Department of Defense, Veterans and ~ 
Management Laws 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Received by the Clerk of the House on December 19, 2007. Referred to the Committee on 
Legal and Veterans Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative corr A of China. 
7J1~/l7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator SCHNEIDER of Penobscot and 
Representatives: GERZOFSKY of Brunswick, PATRICK of Rumford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 37-B MRSA §504, sub-§4, ~A-l, as amended by PL 2005, c. 273, § 1, is 
further amended to read: 
A-I. 
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 disabilities. 
(2) "Eligible veteran" means any person who: 
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(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 3~-ef 
(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,,-.;.Q[ 
(e) Died while serving in the Active Guard Reserve and whose death is 
determined to be in the line of duty. 
Sec.2. 37-B MRSA §505, wb-§l-A, as enacted by PL 2001, c. 439, Pt. QQ, §2, 
is amended to read: 
I-A. Financial.assistance.. Finaru:ial assistance may be granted as follows. 
A. 
The bureau may provide a grant of temporary assistance not to exceed $200 per 
month and not to exceed $600 in any ] 2-month period to a veteran .ffi currently a 
resident of this State for a period of at least one year who has filed a valid daim for a 
veteran's pension, pending notification of the award of such a pension, if that veteran 
is not incarcerated .and requests such assistance. For purposes of this paragraph, 
"claim for a veteran's pension" means a claim filed with the federal Veterans' 
Administration pursuant to 38 United States Code, Chapter 15. 
B. 
The bureau may provide a grant of emergency assistance not to exceed $500 to a 
veteran currently a resident of this State for a period of at least one year who suffers 
an emergency, such as the loss of that veteran's home to fire, flood or hurricane, that 
is not fully compensable by insurance; illness or the illness of an immediate family 
member; or a similar emergency. No more than $1,000 in emergency assistance may 
be provided to a veteran in any 12-month period. For the purposes of this paragraph, 
"veteran" has the same meaning as "eligible veteran" in section 504, subsection 4, 
paragraph A-I. 
C. 
A veteran who requests either temporary assistance under paragraph A or 
emergency assistance under paragraph B and is denied such assistance may request a 
reconsideration and review of this decision by the director. The decision of the 
director is final and may not he appealed to a court. 
D. 
The department may adopt rules to implement this subsection. Rules adopted 
pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 
375, subchapterH-A 2-A. 
Sec. 3. J7-B MRSA §SOS, suh-§2, ~A, as amended by PL 2007, c. 167, §6, is 
further amended to read: 
A. 
As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings. 
(1) "Child" means a natural child whose mother or father i~ or was a veteran or a 
child who was adopted prior to turning 18 years of age and whose adoptive 
mother or father is or was a veteran and the child who: 
(a) Is at least 16 years of age; 
(b) Has graduated from high school; and 
(c) 
Enrolled in a degree program and was awarded benefits under this 
subsection prior to tl:IA'liRg 22 years of age and is Rot o,'er 25 )'eftTs of age at 
the time of ilflplieatioR for a beReftt I:IAder this sl:Ibsectiofi the child's 22nd 
birthday. If the child is unable to enroll in a degree program prior to turning 
years of age due to service in the United States Armed Forces, then the 
child may apply to begin this benefit until reaching 26 years of age. Other 
requirements must be met as described in paragraph F. 
"Child" also means a stepchild who is a member of a veteran's household either at 
the time of application or, in the event of the veteran's death, at the time of death, 
and who continues as a member of the household after the death of the veteran. 
At least 5 years must have elapsed since the veteran married the parent of the 
stepchild before the stepchild is eligible for educational benefits, and the 
biological parent of the stepchild must reside in the veteran's household while the 
stepchild receives educational benefits. 
(2) "Spouse" means the person currently legally married to a living veteran or 
the unremarried widow or widower of a deceased veteran, not previously 
divorced from that veteran. 
A wards under the educational benefits program are authorized to provide benefits 
to only one spouse per veteran. 
(3) "Veteran" means any person who served in the military or naval forces of the 
United States and eRtered the seryice from this State or resided iR has been a 
resident of this State for 5 years immediately preceding application for aid and, if 
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living, continues to reside in this State throughout the duration of benefits 
administered under the educational benefits program and who: 
(a) 
Has a total pennanent 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 pennanently disabled due to service-
connected disability, but whose death was not related to the service-
connected disability; or 
(e) Is a member of the Anned Forces on active duty who has been listed for 
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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.. 4. 37-B MRSA §505, s.b-§2~~, as amended by PL 2007. c. 167, §7, is 
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further amended to read: 
E. 
Spouses of veterans who are attending state-supported postsecondary vocationa.l 
schools or institutions of collegiate grade must be admitted free of tuition including 
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mandatory fees and lab fees for a certificate program or an associate's, bachelor's or 
master's degree program. Room and board may not be waived. Spouses are entitled 
to receive up to 8 semestefS 120 credit hours of educational benefits and have 10 
years from the date of first entrance to complete the program. 
SUMMARY 
This bill amends various veterans' benefits. It expands burial eligibility to include 
Active Guard Reserve soldiers whose deaths are detennined to be in the line of duty. It 
aJso clarifies eligibility requirements for financial assistance and educational benefits for 
veterans and their spouses and dependents.