An Act To Amend the Laws Governing the Maine Veterans Memorial Cemetery System
Maine Legislature, Session 129, LD 1926
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI
Amends: 37-B MRSA §504

Legislative Document
No. 1926
S.P. 668
In Senate, January 2, 2020
An Act To Amend the Laws Governing the Maine Veterans' 
Memorial Cemetery System
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 203.
Received by the Secretary of the Senate on January 2, 2020.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
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 2007, c. 521, §1, 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 disabilities.:
(a)  The spouse or surviving spouse of an eligible veteran even if that veteran 
is not buried or memorialized in the cemetery system or the surviving spouse 
of a member of the United States Armed Forces whose remains are 
unavailable for burial;
(b)  The surviving spouse of an eligible veteran who had a subsequent 
remarriage to a person who is not a veteran when the surviving spouse's death 
occurred on or after January 1, 2000;
(c)  A minor child of an eligible veteran.  For purposes of this division, a 
minor child is a child who is unmarried and:
(i)  Has not attained 21 years of age; or
(ii)  Has not attained 23 years of age and is pursuing a full-time course of 
instruction at an educational institution offering an accredited 
postsecondary educational degree program; and
(d)  An unmarried adult child of an eligible veteran if that child became 
permanently physically or mentally disabled and incapable of self-support:
(i)  Before attaining 21 years of age; or
(ii)  Before attaining 23 years of age if supporting documentation exists 
that the adult child was pursuing a full-time course of instruction at an 
educational institution offering an accredited postsecondary educational 
degree program.
(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 as long as the discharge was 
not upgraded through a program of general amnesty; and
(ii)  If having served as an enlisted person after September 7, 1980 or as 
an officer after October 16, 1981, served for a minimum of 24 continuous 
months or the full period for which the person was called to active duty;
(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;
(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, 
section 12731 or would have been entitled to retired pay under chapter 1223, 
section 12731 except that the person was under 60 years of age; or
(e) Died while serving in the Active Guard Reserve and whose death is 
determined to be in the line of duty.
SUMMARY
This bill clarifies the requirements for eligibility for burial in the Maine Veterans' 
Memorial Cemetery System for veterans and dependents of veterans by amending the 
definitions of "eligible veteran" and "eligible dependent."