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 Section 14-20b of the general statutes is repealed and the 1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