An Act To Restore Honor to Certain Service Members (AFTER DEADLINE)
Maine Legislature, Session 129, LD 2162
Committee: Veterans and Legal Affairs
Sponsors: GIDEON, JACKSON
Amends: 37-B MRSA §503, 37-B MRSA §504

Legislative Document
No. 2162
H.P. 1546
House of Representatives, March 17, 2020
An Act To Restore Honor to Certain Service Members
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker GIDEON of Freeport.
Cosponsored by President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  37-B MRSA §503, sub-§9 is enacted to read:
9.  Change in treatment of certain discharges.  The director, in accordance with 
this subsection, shall establish a process for a veteran who separated from service without 
an honorable discharge due solely to the veteran's sexual orientation, gender identity or 
gender expression or to statements, consensual sexual conduct or consensual acts relating 
to sexual orientation, gender identity or gender expression to have that discharge treated 
as an honorable discharge for purposes of determining the veteran's eligibility for rights, 
privileges and benefits granted to veterans under state law.
A.  If the director determines that a veteran qualifies to have that veteran's discharge 
treated as an honorable discharge for purposes of state law, the director shall record 
this information in the records management system maintained pursuant to subsection 
and shall provide the veteran with a written certificate verifying the upgraded 
discharge status for state law purposes. The director shall assist a veteran to whom a 
certificate is issued under this paragraph in applying for an upgrade of that veteran's 
discharge status under federal law, if such an upgrade would entitle the veteran to 
receive federal benefits.
B.  All state and municipal departments and agencies shall accept a certificate issued 
by the director under paragraph A as evidence that the veteran who is the subject of 
the certificate qualifies as a veteran with an honorable discharge for purposes of 
determining whether the veteran qualifies for rights, privileges or benefits granted to 
veterans under state law. The director shall publish and distribute written materials 
describing the process established under this subsection and the duties of state and 
municipal departments and agencies under this paragraph.
C.  The director shall implement an outreach program to inform veterans of the 
process established under this subsection and to inform veterans that, through this 
process, they may be able to receive privileges and benefits that were previously 
denied under state law.
D.  For purposes of this subsection, "veteran" means a person who served in the 
United States Armed Forces, the reserve components of the United States Armed 
Forces, the Maine National Guard or the Active Guard Reserve.
Sec. 2.  37-B MRSA §504, sub-§4, ¶A-1, as amended by PL 2007, c. 521, §1, is 
further amended by enacting a new subparagraph (3) to read:
(3) "Program of general amnesty" does not include the process for upgrading a 
discharge for state law purposes under section 503, subsection 9.
Sec. 3.  Report.  The Director of the Maine Bureau of Veterans' Services within the 
Department of Defense, Veterans and Emergency Management shall explore whether 
other states have established processes for reviewing and potentially upgrading the 
discharge status, for state law purposes, of veterans who have been diagnosed with post-
traumatic stress disorder or traumatic brain injury or who have been diagnosed with 
psychological trauma resulting from sexual assault or sexual harassment during military 
service as described in 38 United States Code, Section 1720D and who separated from 
service without an honorable discharge.  By January 15, 2021, the director shall report to 
the joint standing committee of the Legislature having jurisdiction over veterans affairs 
on both the potential for implementing such a process in the State and the resources that 
would be required to implement the process.  The joint standing committee of the 
Legislature having jurisdiction over veterans affairs may report out legislation based upon 
the report to the First Regular Session of the 130th Legislature.
SUMMARY
This bill requires the Director of the Maine Bureau of Veterans' Services within the 
Department of Defense, Veterans and Emergency Management to establish a process for 
a veteran who separated from service without an honorable discharge due solely to the 
veteran's sexual orientation, gender identity or gender expression or to statements, 
consensual sexual conduct or consensual acts relating to sexual orientation, gender 
identity or gender expression to have that discharge treated as an honorable discharge for 
purposes of determining the veteran's eligibility for rights, privileges and benefits under 
state law.
The bill further requires the director to explore whether other states have established 
processes for reviewing and potentially upgrading the discharge status, for state law 
purposes, of veterans who have been diagnosed with post-traumatic stress disorder or 
traumatic brain injury or who have been diagnosed with psychological trauma resulting 
from sexual assault or sexual harassment during military service as described in 38 
United States Code, Section 1720D and who separated from service without an honorable 
discharge.  The director is required to report, no later than January 15, 2021, to the joint 
standing committee of the Legislature having jurisdiction over veterans affairs on both 
the potential for implementing such a process in the State and the resources that would be 
required to implement the process. The committee may report out legislation to the First 
Regular Session of the 130th Legislature based on the director's report.