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