Connecticut 2020 Regular Session

Connecticut Senate Bill SB00355 Compare Versions

Only one version of the bill is available at this time.

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7	7	LCO No. 2207 1 of 8
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9	9	General Assembly Raised Bill No. 355
10	10	February Session, 2020
11	11	LCO No. 2207
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14	14	Referred to Committee on VETERANS' AFFAIRS
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17	17	Introduced by:
18	18	(VA)
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22	22	AN ACT CONCERNING HM ONG LAOTIAN SPECIAL GUERILLA UNITS
23	23	SERVING IN THE KINGDOM OF LAOS.
24	24	Be it enacted by the Senate and House of Representatives in General
25	25	Assembly convened:
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27	27	Section 1. Section 14-20b of the general statutes is repealed and the 1
28	28	following is substituted in lieu thereof (Effective October 1, 2020): 2
29	29	(a) [The Commissioner of Motor Vehicles, at] (1) At the request of any 3
30	30	(A) veteran or member of the armed forces or the surviving spouse of 4
31	31	such veteran or member, or (B) member of the Hmong Laotian special 5
32	32	guerilla units, which units served in the United States secret war in the 6
33	33	Kingdom of Laos during the Vietnam War, the Commissioner of Motor 7
34	34	Vehicles shall register any motor vehicle owned or leased for a period 8
35	35	of at least one year by such [person] veteran, member, surviving spouse 9
36	36	or member of the Hmong Laotian special guerilla units and shall issue 10
37	37	a special certificate of registration and a set of number plates for each 11
38	38	such motor vehicle, including a special certificate of registration and a 12
39	39	set of number plates for any motor vehicle used exclusively for farming 13
40	40	purposes by any such veteran, [or] member, [of the armed forces, or the] 14
41	41	surviving spouse [of such veteran or member,] or member of the Hmong 15
42	42	Laotian special guerilla units, who is engaged in agricultural production 16 Raised Bill No. 355
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46	46	LCO No. 2207 2 of 8
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48	48	as a trade or business. The plates shall expire and be renewed as 17
49	49	provided in section 14-22. The commissioner shall charge a fee for such 18
50	50	plates, which fee shall cover the entire cost of making such plates and 19
51	51	shall be in addition to the fee for registration of such motor vehicle. 20
52	52	(2) As used in this subsection, "member of the armed forces" has the 21
53	53	same meaning as provided in section 27-103 and "veteran" means any 22
54	54	person [(1)] (A) honorably discharged from, or released under 23
55	55	honorable conditions from active service in, the armed forces, or [(2)] (B) 24
56	56	with a qualifying condition, as defined in section 27-103, who has 25
57	57	received a discharge other than bad conduct or dishonorable from active 26
58	58	service in the armed forces. 27
59	59	(b) Any such member of the armed forces who is dishonorably 28
60	60	discharged shall return such plates to the commissioner not later than 29
61	61	thirty days after such discharge. The commissioner shall not renew such 30
62	62	plates for any motor vehicle owned or leased by any such member of 31
63	63	the armed forces who is dishonorably discharged. 32
64	64	Sec. 2. Section 14-36h of the general statutes is repealed and the 33
65	65	following is substituted in lieu thereof (Effective October 1, 2020): 34
66	66	(a) Each motor vehicle operator's license issued by the Commissioner 35
67	67	of Motor Vehicles in accordance with section 14-36 and each identity 36
68	68	card issued by said commissioner in accordance with section 1-1h shall 37
69	69	contain the following: (1) The person's full legal name; (2) the person's 38
70	70	date of birth; (3) the person's gender; (4) the person's height and eye 39
71	71	color; (5) the person's assigned operator's license or identity card 40
72	72	number; (6) the person's address of principal residence in this state; (7) 41
73	73	the person's signature; (8) the person's photograph or digital image; and 42
74	74	(9) if applicable, the person's status as a veteran, as provided in 43
75	75	subsection (e) or (f) of this section. 44
76	76	(b) If any person does not reside in any state, territory or possession 45
77	77	of the United States because such person is on active military duty with 46
78	78	the United States Armed Forces, and such person's home state of record 47
79	79	is Connecticut, as reflected in the records of the Department of Defense, 48 Raised Bill No. 355
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83	83	LCO No. 2207 3 of 8
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85	85	Department of Homeland Security or any department under which the 49
86	86	United States Coast Guard operates, such person may obtain a 50
87	87	Connecticut operator's license or identity card, provided such person: 51
88	88	(1) Does not have an operator's license or identity card issued by another 52
89	89	state, territory or possession of the United States, or surrenders any such 53
90	90	license or identity card; (2) has a current APO or FPO mailing address; 54
91	91	(3) designates such person's home address as 60 State Street, 55
92	92	Wethersfield, CT 06161; and (4) meets all other requirements for 56
93	93	obtaining an operator's license or identity card in this state. 57
94	94	(c) The commissioner shall provide that each such license or identity 58
95	95	card document contains physical security features designed to prevent 59
96	96	tampering, counterfeiting or duplication of the document. 60
97	97	(d) Each such document shall also contain one or more machine-61
98	98	readable technology feature or component, including, but not limited to, 62
99	99	a bar code or magnetic strip. 63
100	100	(e) Any person who is a veteran may submit a request to the 64
101	101	Department of Veterans Affairs to have his or her status as a veteran 65
102	102	contained on his or her motor vehicle operator's license or identity card. 66
103	103	Said department shall, not later than thirty days after receipt of such 67
104	104	request, verify whether such person is a veteran and, if so, notify the 68
105	105	Commissioner of Motor Vehicles of such request and verification. The 69
106	106	Commissioner of Motor Vehicles shall indicate such person's status as a 70
107	107	veteran on any motor vehicle operator's license or identity card issued 71
108	108	to such person upon original issuance or renewal of a motor vehicle 72
109	109	operator's license or identity card or upon issuance of a duplicate motor 73
110	110	vehicle operator's license or identity card. 74
111	111	(f) Any person who was a member of the Hmong Laotian special 75
112	112	guerilla units may submit a request to the Department of Veterans 76
113	113	Affairs to be listed as a veteran, based on such service, on his or her 77
114	114	motor vehicle operator's license or identity card. Such person shall 78
115	115	provide to said department (1) an affidavit stating (A) when such person 79
116	116	served, (B) where such person served, (C) the unit in which such person 80 Raised Bill No. 355
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122	122	served, and (D) the capacity in which such person served; (2) 81
123	123	corroborating witness affidavits, if available; (3) any available official 82
124	124	documentation of service; and (4) any other documents supporting such 83
125	125	person's affidavit. Said department shall, not later than thirty days after 84
126	126	receipt of such request, verify whether such person was a member of the 85
127	127	Hmong Laotian special guerilla units and, if so, notify the 86
128	128	Commissioner of Motor Vehicles of such request and verification. The 87
129	129	Commissioner of Motor Vehicles shall indicate veteran status on any 88
130	130	motor vehicle operator's license or identity card issued to such person 89
131	131	upon original issuance or renewal of a motor vehicle operator's license 90
132	132	or identity card or upon issuance of a duplicate motor vehicle operator's 91
133	133	license or identity card. 92
134	134	[(f)] (g) As used in this section: (1) "Full legal name" means the most 93
135	135	complete version of the name that appears on a person's certificate of 94
136	136	birth, official passport or other document or documents accepted by the 95
137	137	Commissioner of Motor Vehicles to verify the person's identity, unless 96
138	138	the person presents a marriage license or certificate, a certificate of civil 97
139	139	union, a divorce decree or an order of a court of competent jurisdiction 98
140	140	pertaining to a permanent change of the person's name; and (2) 99
141	141	"veteran" means (A) any person honorably discharged from, or released 100
142	142	under honorable conditions from active service in, the armed forces, as 101
143	143	defined in section 27-103, (B) any former member of the armed forces 102
144	144	who is entitled to retirement pay under 10 USC Chapter 1223, as 103
145	145	amended from time to time, or, but for age, would be so entitled, [or] 104
146	146	(C) any person with a qualifying condition, as defined in section 27-103, 105
147	147	who has received a discharge other than bad conduct or dishonorable 106
148	148	from active service in the armed forces, or (D) any member of the 107
149	149	Hmong Laotian special guerilla units, which units served in the United 108
150	150	States secret war in the Kingdom of Laos during the Vietnam War. 109
151	151	Sec. 3. Section 27-118 of the general statutes is repealed and the 110
152	152	following is substituted in lieu thereof (Effective October 1, 2020): 111
153	153	(a) When any veteran or member of the Hmong Laotian special 112
154	154	guerilla units, as defined in subsection (e) of this section, dies, not 113 Raised Bill No. 355
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158	158	LCO No. 2207 5 of 8
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160	160	having sufficient estate to pay the necessary expenses of the veteran's or 114
161	161	member's last sickness and burial, as determined by the commissioner 115
162	162	after consultation with the probate court for the district in which the 116
163	163	veteran or member resided, the state shall pay the sum of one thousand 117
164	164	eight hundred dollars toward such funeral expenses, and the burial 118
165	165	shall be in some cemetery or plot not used exclusively for the burial of 119
166	166	the pauper dead, and the same amount shall be paid if the body is 120
167	167	cremated, but no amount shall be paid for the expenses for burial or 121
168	168	cremation unless claim therefor is made within one year from the date 122
169	169	of death, except that in cases of death occurring abroad, such claim may 123
170	170	be made within one year after the remains of such veteran or member 124
171	171	have been interred in this country. No provision of this section shall 125
172	172	prevent the payment of the sum above named for the burial of any 126
173	173	person, otherwise entitled to the same, on account of such burial being 127
174	174	made outside the limits of this state. 128
175	175	(b) Upon satisfactory proof by the person who has paid or provided 129
176	176	for the funeral or burial expense to the commissioner of the identity of 130
177	177	the deceased veteran, the time and place of the deceased's death and 131
178	178	burial and the approval thereof by the commissioner, said sum of one 132
179	179	thousand eight hundred dollars shall be paid by the Comptroller to the 133
180	180	person who has paid the funeral or burial expense or, upon assignment 134
181	181	by such person, to the funeral director who has provided the funeral. 135
182	182	(c) Upon satisfactory proof by the person who has paid or provided 136
183	183	for the funeral or burial expense to the commissioner of (1) the identity 137
184	184	of the deceased member, (2) the time and place of the deceased 138
185	185	member's death and burial, (3) an affidavit stating (A) when the 139
186	186	deceased member served, (B) where the deceased member served, (C) 140
187	187	the unit in which the deceased member served, and (D) the capacity in 141
188	188	which the deceased member served, (4) corroborating witness 142
189	189	affidavits, if available, (5) any available official documentation of 143
190	190	service, and (6) any other documents supporting the affidavit by the 144
191	191	person who has paid or provided for the funeral or burial expense, and 145
192	192	the approval thereof by the commissioner, said sum of one thousand 146
193	193	eight hundred dollars shall be paid by the Comptroller to the person 147 Raised Bill No. 355
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199	199	who has paid the funeral or burial expense or, upon assignment by such 148
200	200	person, to the funeral director who has provided the funeral. 149
201	201	(d) Whenever the Comptroller has lawfully paid any sum toward the 150
202	202	expenses of the burial of any deceased veteran or member and it 151
203	203	afterwards appears that the deceased left any estate, the Comptroller 152
204	204	may present a claim on behalf of the state against the estate of such 153
205	205	deceased veteran or member for the sum so paid, and the claim shall be 154
206	206	a preferred claim against such estate and shall be paid to the Treasurer 155
207	207	of the state. The commissioner, upon the advice of the Attorney General, 156
208	208	may make application for administration upon the estate of any such 157
209	209	deceased veteran or member if no other person authorized by law 158
210	210	makes such application within sixty days after such payment has been 159
211	211	made by the Comptroller. 160
212	212	(e) As used in this section, (1) "veteran" means any person [(1)] (A) 161
213	213	honorably discharged from, or released under honorable conditions 162
214	214	from active service in, the armed forces, as defined in section 27-103, or 163
215	215	[(2)] (B) with a qualifying condition, as defined in said section, who has 164
216	216	received a discharge other than bad conduct or dishonorable from active 165
217	217	service in the armed forces, and (2) "member" means any person who 166
218	218	served in the Hmong Laotian special guerilla units, which units served 167
219	219	in the United States secret war in the Kingdom of Laos during the 168
220	220	Vietnam War. 169
221	221	Sec. 4. Section 27-122b of the general statutes is repealed and the 170
222	222	following is substituted in lieu thereof (Effective October 1, 2020): 171
223	223	(a) As used in this section, (1) "veteran" means any person [(1)] (A) 172
224	224	honorably discharged from, or released under honorable conditions 173
225	225	from, active service in the United States Army, Navy, Marine Corps, Air 174
226	226	Force or Coast Guard or any women's auxiliary branch thereof, 175
227	227	organized pursuant to an Act of Congress, [; (2)] (B) who has completed 176
228	228	at least twenty years of qualifying service, as described in and computed 177
229	229	under 10 USC Chapter 1223, as amended from time to time, in the 178
230	230	Connecticut National Guard, [;] or [(3)] (C) who was killed in action, or 179 Raised Bill No. 355
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236	236	who died as a result of accident or illness sustained while performing 180
237	237	active service, in the United States Army, Navy, Marine Corps, Air Force 181
238	238	or Coast Guard or any women's auxiliary branch thereof, organized 182
239	239	pursuant to an Act of Congress, or in the Connecticut National Guard, 183
240	240	and (2) "member" means any person who served in the Hmong Laotian 184
241	241	special guerilla units, which units served in the United States secret war 185
242	242	in the Kingdom of Laos during the Vietnam War. 186
243	243	(b) (1) Any veteran or member may, by letter or other communication 187
244	244	addressed to the commissioner, or by will, request that upon his or her 188
245	245	death his or her body be buried in a veterans' cemetery established 189
246	246	pursuant to section 27-122a, or (2) the spouse or other next of kin may 190
247	247	apply to the commissioner to have the body of such veteran or member 191
248	248	buried in said veterans' cemetery, and in either case such request shall 192
249	249	be granted. 193
250	250	(c) (1) Any member or former member of the armed forces, as defined 194
251	251	in subsection (a) of section 27-103, who is a resident of this state and is 195
252	252	entitled to retirement pay under 10 USC Chapter 1223, as amended from 196
253	253	time to time, or would have been entitled to retirement pay under said 197
254	254	chapter, but for the fact that the person is under sixty years of age, may 198
255	255	by letter or other communication addressed to the commissioner, or by 199
256	256	will, request that his or her body will be buried in said veterans' 200
257	257	cemetery, or (2) the spouse or other next of kin may apply to the 201
258	258	commissioner to have the body of such member or former member 202
259	259	buried in said veterans' cemetery, and, in either case, such request shall 203
260	260	be granted. 204
261	261	(d) The spouse of any veteran or member shall, upon similar request 205
262	262	or application made to the commissioner, be buried in said veterans' 206
263	263	cemetery provided only one such request or application shall be 207
264	264	granted. 208
265	265	(e) The commissioner shall designate an area in said veterans' 209
266	266	cemetery for veterans and members who, for religious reasons, require 210
267	267	burial in a consecrated area. 211 Raised Bill No. 355
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273	273	Sec. 5. (NEW) (Effective October 1, 2020) (a) The Commissioner of 212
274	274	Veterans Affairs, in consultation with the Adjutant General, shall award 213
275	275	a ribbon and medal to each member, as defined in subsection (b) of this 214
276	276	section, who is a resident of this state. The commissioner, in consultation 215
277	277	with the Adjutant General, shall adopt regulations, in accordance with 216
278	278	the provisions of chapter 54 of the general statutes, setting forth the 217
279	279	process for designing the ribbon and medal, identifying such members 218
280	280	who are eligible for the ribbon and medal under this section and 219
281	281	establishing procedures for distributing the ribbon and medal to each 220
282	282	such eligible member. The cost of the ribbons and medals shall be paid 221
283	283	from the funds appropriated to the military assistance account within 222
284	284	the Military Department. Within existing budgetary resources, awards 223
285	285	under this section may be made posthumously to any deceased 224
286	286	member. 225
287	287	(b) As used in this section, "member" means any person who served 226
288	288	in the Hmong Laotian special guerilla units, which units served in the 227
289	289	United States secret war in the Kingdom of Laos during the Vietnam 228
290	290	War. 229
291	291	This act shall take effect as follows and shall amend the following
292	292	sections:
293	293
294	294	Section 1 October 1, 2020 14-20b
295	295	Sec. 2 October 1, 2020 14-36h
296	296	Sec. 3 October 1, 2020 27-118
297	297	Sec. 4 October 1, 2020 27-122b
298	298	Sec. 5 October 1, 2020 New section
299	299
300	300	Statement of Purpose:
301	301	To provide certain benefits to members of the Hmong Laotian special
302	302	guerilla units who served in the secret war in the Kingdom of Laos
303	303	during the Vietnam War.
304	304	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
305	305	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
306	306	underlined.]
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