Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3480 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1638 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3480
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James Arciero
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to eligibility of non-Massachusetts origin veterans for state veteran bonus
13	13	awards.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex1/17/2023Patrick Joseph Kearney4th Plymouth2/16/2023Raymond L. Mascola10 Adams Lane, Westford, MA 018861/17/2023 1 of 7
17	17	HOUSE DOCKET, NO. 1638 FILED ON: 1/18/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3480
19	19	By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 3480) of
20	20	James Arciero, Patrick Joseph Kearney and Raymond L. Mascola relative to eligibility of non-
21	21	Massachusetts origin veterans for state veteran bonus awards. Veterans and Federal Affairs.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 4185 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to eligibility of non-Massachusetts origin veterans for state veteran bonus
30	30	awards.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 78 of chapter 10 of the General Laws, as appearing in the 2018
34	34	2Official Edition, is hereby amended by striking out, in lines 23 and 24, the words “of not less
35	35	3than 6 months before the time of the person's entry into the service” and inserting in place
36	36	4thereof the following words:- of: (i) not less than 6 months before the time of the person's entry
37	37	5into the service or (ii) not less than 10 years after the person’s discharge or release from service.
38	38	6 SECTION 2. Paragraph (5) of subsection (b) of said section 78 of said chapter 10, as
39	39	7appearing in section 5 of chapter 124 of the acts of 2020, is hereby further amended by striking
40	40	8out the first sentence and inserting in place thereof the following sentence:- Upon application, as
41	41	9provided in this section, there shall be allowed and paid out of the treasury of the 2 of 7
42	42	10commonwealth, without appropriation, the amount of $300 to each person who has served in the
43	43	11armed forces of the United States outside of the continental limits of the United States and who
44	44	12is in receipt of the Armed Forces Expeditionary Medal for service during a period where no other
45	45	13state wartime bonus is available; provided, however, that the person shall have served in the
46	46	14armed forces of the United States for a period of not less than 90 days, unless conditions of
47	47	15physical incapacity prevented the completion of such service; and provided further, that the
48	48	16domicile of a person on account of whose service the application is filed shall have been in the
49	49	17commonwealth for a period of: (i) not less than 6 months immediately before the time of the
50	50	18person’s entry into service or (ii) not less than 10 years after the person’s discharge or release
51	51	19from service.
52	52	20 SECTION 3. Said chapter 10 is hereby amended by inserting after said section 78, as
53	53	21appearing in the 2018 Official Edition, the following section:-
54	54	22 Section 78A. (a) As used in this section, “active service in the armed forces” shall not
55	55	23include active duty for training in the Army National Guard or Air National Guard or active duty
56	56	24for training as a reservist in the armed forces of the United States.
57	57	25 As used in this section, the term “armed forces” shall mean the United States Army,
58	58	26United States Army Reserve, Army National Guard, United States Marine Corps, United States
59	59	27Marine Corps Reserve, United States Navy, United States Navy Reserve, United States Air
60	60	28Force, United States Air Force Reserve, Air National Guard, United States Coast Guard and
61	61	29United States Coast Guard Reserve.
62	62	30 (b)(1) Upon application, as provided in this section, there shall be allowed and paid out of
63	63	31the treasury of the commonwealth, without appropriation, the sums specified in this section to 3 of 7
64	64	32each person who served in active service in the armed forces of the United States as part of
65	65	33Operations Desert Shield and Desert Storm for a period of 30 days or more during the period of
66	66	34August 2, 1990 to April 11, 1991; provided, however, that the domicile of a person on account of
67	67	35whose service the application is filed shall have been in the commonwealth for a period of: (i)
68	68	36not less than 6 months immediately before the time of the person’s entry into service or (ii) not
69	69	37less than 10 years after the person’s discharge or release from service; and, provided further, that
70	70	38any person who served in the armed forces during the period specified and who was awarded a
71	71	39service-connected disability by the United States Department of Veterans Affairs or a Purple
72	72	40Heart, or who died in said service under conditions other than dishonorable, shall be deemed
73	73	41eligible for the sums provided in subsection (c) notwithstanding the person’s failure to complete
74	74	4230 days of active service.
75	75	43 (2) Five hundred dollars shall be allowed and paid out to each such veteran who
76	76	44performed active service in the Persian Gulf area in Operations Desert Shield and Desert Storm
77	77	45and is in receipt of the Southwest Asia Service Medal established by executive order of the
78	78	46President on March 12, 1991.
79	79	47 (3) Three hundred dollars shall be allowed and paid out to all other such veterans who
80	80	48were called to active service in support of said operations as members of the Army National
81	81	49Guard or Air National Guard or as a reservist in the Armed Forces of the United States and
82	82	50served in an area other than the Persian Gulf area.
83	83	51 (c) If a person who is deceased would, if alive, be entitled to the benefits of this section,
84	84	52the sum named in this section shall be paid to the decedent's heirs-at-law; provided, however,
85	85	53that if there is more than 1 heir-at-law, payments shall, in either case, be made in such 4 of 7
86	86	54proportions as the state treasurer shall determine; provided further, that the state treasurer, in
87	87	55determining the order of precedence, shall, so far as practicable, observe the following order: (i)
88	88	56spouse and children; (i) mother or father; (iii) brother or sister and (iv) other dependents. A right
89	89	57or payment under this section shall not be subject to the claims of creditors, capable of
90	90	58assignment, regarded as assets, legal or equitable of the estate of the deceased, or made the basis
91	91	59for administration thereof.
92	92	60 (d) If a person died while in active service, a sum of $500 shall be paid in the manner
93	93	61provided by subsection (c) in addition to any unpaid amount the person would have been eligible
94	94	62to receive pursuant to subsection (b).
95	95	63 (e) Applications under this section shall be filed with the state treasurer, upon forms to be
96	96	64furnished by state treasurer. The state treasurer may accept the written statement of the clerk of a
97	97	65city or town that a person claiming pay or on whose account pay is claimed by a dependent or
98	98	66heir-at-law, under this section, was domiciled therein on the first day of January, in any year, as
99	99	67prima facie evidence of the fact of such domicile and may accept such other evidence of
100	100	68domicile as the state treasurer may consider adequate or necessary. The clerk of a city or town
101	101	69shall, at the request of the state treasurer, immediately furnish such information relative to such
102	102	70domicile as the clerk's records may disclose. The state treasurer may require and accept such
103	103	71additional evidence as the state treasurer may consider necessary to establish the fact of domicile
104	104	72within the commonwealth as provided under paragraph (1) of subsection (b). The adjutant
105	105	73general shall certify to the state treasurer the dates of service and any other military information
106	106	74necessary to carry out this section. The state treasurer shall furnish to the adjutant general a copy
107	107	75of a DD-214 form or equivalent documentation as determined by the adjutant general for the
108	108	76permanent records of the military division of the commonwealth. 5 of 7
109	109	77 (f) Whoever knowingly makes a false statement, oral or written, relating to a material fact
110	110	78in supporting a claim under this section, shall be punished by a fine of not more than $1,000, by
111	111	79imprisonment for not more than 3 years or both such fine and imprisonment. An offense under
112	112	80this section may be prosecuted by the attorney general, or under the attorney general's direction,
113	113	81in any court within the commonwealth, and all fines collected thereunder shall be paid to the
114	114	82treasury of the commonwealth.
115	115	83 (g) The state treasurer shall section upon all applications made under this section, and
116	116	84may expend for clerical assistance and for such other expenses sums necessary in carrying out
117	117	85this section, not exceeding the sums appropriated for this purpose.
118	118	86 (h) There shall be a payments appeal board. The board shall consist of: a member of the
119	119	87department of the state treasurer to be designated by the state treasurer; an assistant attorney
120	120	88general to be designed by the attorney general; and the adjutant general or a designee. A person
121	121	89aggrieved by a decision of the state treasurer in the matter of payments provided for by this
122	122	90section may appeal to the board and shall be entitled to a hearing, after due notice, upon such
123	123	91appeal. The decision of the board shall be final.
124	124	92 (i) The state treasurer may establish, and from time to time revise, such rules and
125	125	93regulations as may be necessary or desirable to carry out this section.
126	126	94 (j) A sum under this section shall only be allowed or paid out of the treasury of the
127	127	95commonwealth to a veteran whose final enlistment is characterized as discharged or released
128	128	96under honorable conditions for such service; provided, however, that active service members of
129	129	97the armed forces otherwise eligible to receive the sums specified in this section shall be
130	130	98permitted to receive said sums. 6 of 7
131	131	99 SECTION 4. Section 1 of chapter 731 of the acts of 1945, as most recently amended by
132	132	100section 1 of chapter 498 of the acts of 1957, is hereby further amended by striking out the first
133	133	101sentence and inserting in place thereof the following sentence:- Upon application, as hereinafter
134	134	102provided, there shall be allowed and paid out of the treasury of the commonwealth, without
135	135	103appropriation and without a warrant from the governor and council, to each person who shall
136	136	104have served in the armed forces of the United States, in active service, on or after September 16,
137	137	1051940 and prior to December 31, 1946, and shall have received a discharge or release, other than a
138	138	106dishonorable one, from such service, the sum of $100 and, in addition thereto, the sums
139	139	107hereinafter specified; provided, that the domicile of every person on account of whose service
140	140	108the application is filed shall have been in the commonwealth for a period of not less than 6
141	141	109months immediately prior to the time of the person’s entry into service or not less than 10 years
142	142	110after the person’s discharge or release from service.
143	143	111 SECTION 5. Section 1 of chapter 440 of the acts of 1953 is hereby amended by striking
144	144	112out the first sentence, as appearing in section 2 of chapter 403 of the acts of 1955, and inserting
145	145	113in place thereof the following sentence:- Upon application, as hereinafter provided, there shall be
146	146	114allowed and paid out of the treasury of the commonwealth without appropriation and without a
147	147	115warrant from the governor and council, to each person who shall have served in the armed forces
148	148	116of the United States, in active service, between June 25, 1950 and January 31, 1955, both dates
149	149	117inclusive, and who was discharged or released under honorable conditions from such service, the
150	150	118sums hereinafter specified; provided, that the domicile of every person on account of whose
151	151	119service the application is filed shall have been in the commonwealth for a period of not less than
152	152	1206 months immediately prior to the time of the person’s entry into service or not less than 10 years
153	153	121after the person’s discharge or release from service. 7 of 7
154	154	122 SECTION 6. The first sentence of section 1 of chapter 646 of the acts of 1968, as most
155	155	123recently amended by section 32 of chapter 112 of the acts of 2020, is hereby further amended by
156	156	124striking out the words “of not less than six months prior to the time of his entry into the service”
157	157	125and inserting in place thereof the following words:- of: (i) not less than 6 months prior to the
158	158	126time of the person’s entry into the service or (ii) not less than 10 years after the person’s
159	159	127discharge or release from service.
160	160	128 SECTION 7. Item 4170–0420 of section 2 of chapter 153 of the acts of 1992, as
161	161	129appearing in section 45 of chapter 50 of the acts of 1993, is hereby repealed.
162	162	130 SECTION 8. Section 14 of chapter 132 of the acts of 2009 is hereby repealed.