An Act To Restore Honor to Certain Service Members
Maine Legislature, Session 130, LD 0173
Committee: Veterans and Legal Affairs
Sponsors: WOOD, FARRIN, CAIAZZO, COREY, RIELLY, SUPICA, DESCHAMBAULT
Amends: 37-B MRSA §503, 37-B MRSA §504

Legislative Document
No. 173
H.P. 126
House of Representatives, January 25, 2021
An Act To Restore Honor to Certain Service Members
Received by the Clerk of the House on January 21, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative WOOD of Portland.
Cosponsored by Senator FARRIN of Somerset and
Representatives: CAIAZZO of Scarborough, COREY of Windham, McCREIGHT of 
Harpswell, RIELLY of Westbrook, SUPICA of Bangor, Senator: DESCHAMBAULT of York.
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 or gender identity or to 
statements, consensual sexual conduct or consensual acts relating to sexual orientation or 
gender identity 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, "gender identity" has the same meaning as in Title 
5, section 4553, subsection 5-C; "sexual orientation" has the same meaning as in Title 
5, section 4553, subsection 9-C; and "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 2019, c. 601, §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, 2022, the director shall report to the Joint Standing 
Committee on Veterans and Legal 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 on Veterans and Legal Affairs may report out legislation based 
upon the report to the Second 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 or gender identity or to statements, consensual sexual conduct 
or consensual acts relating to sexual orientation or gender identity 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, 2022, to the Joint 
Standing Committee on Veterans and Legal 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 Second Regular Session of the 
130th Legislature based on the director's report.