Rhode Island 2025 Regular Session

Rhode Island House Bill H5387 Compare Versions

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

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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'
16	16	HOME
17	17	Introduced By: Representatives Azzinaro, Fellela, Casimiro, Ackerman, Donovan,
18	18	Hopkins, Hull, J. Lombardi, Newberry, and Kennedy
19	19	Date Introduced: February 07, 2025
20	20	Referred To: House Veterans` Affairs
21	21	(Office of Veterans Services)
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 30-24-1 and 30-24-10 of the General Laws in Chapter 30-24 entitled 1
25	25	"Rhode Island Veterans’ Home" are hereby amended to read as follows: 2
26	26	30-24-1. Management and control. 3
27	27	The management and control of the Rhode Island veterans’ home, established in this state 4
28	28	for those who served in the army, navy, marine corps, coast guard, merchant marines, or air force 5
29	29	or space force of the United States in any war or conflict and were honorably discharged therefrom, 6
30	30	who shall be in need of such care as is provided at the home, shall be the responsibility of the 7
31	31	director of human services, or his or her designee. 8
32	32	30-24-10. Admissible to home — Fees. 9
33	33	(a) Any person who has served in the army, navy, marine corps, coast guard, or air force 10
34	34	or space force of the United States for a period of ninety (90) days or more and that period began 11
35	35	or ended during any foreign war in which the United States shall have been engaged or in any 12
36	36	expedition or campaign for which the United States government issues a campaign medal, and who 13
37	37	was honorably discharged from it, and who shall be deemed to be in need of care provided at the 14
38	38	Rhode Island veterans’ home, may be admitted to that facility subject to such rules and regulations 15
39	39	as shall be adopted by the director of human services to govern the admission of applicants to the 16
40	40	facility. Any person who has served in the armed forces of the United States designated herein and 17
41	41	otherwise qualified, who has served less than the ninety-day (90) period described in this section, 18
42	42
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45	45	and who was honorably discharged from service, and who, as a result of the service, acquired a 1
46	46	service-connected disability or disease, may be admitted. No person shall be admitted to the facility 2
47	47	unless the person has been accredited to the enlistment or induction quota of the state or has resided 3
48	48	in the state for at least two (2) consecutive years next prior to the date of the application for 4
49	49	admission to the facility. 5
50	50	(b)(1) The director shall, at the end of each fiscal year, determine the net, per-diem 6
51	51	expenses of maintenance of residents in the facility and shall assess against each resident who has 7
52	52	“net income”, as defined in this section, a fee equal to eighty percent (80%) of the resident’s net 8
53	53	income, provided that fee shall not exceed the actual cost of care and maintenance for the resident; 9
54	54	and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall 10
55	55	be allocated to, and deposited in, the veterans’ restricted account. For the purposes of this section, 11
56	56	“net income” is defined as gross income minus applicable federal and state taxes and minus: 12
57	57	(i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty 13
58	58	percent (50%) of any sum received due to wounds incurred under battle conditions for which the 14
59	59	resident received the purple heart; and 15
60	60	(ii) The amount paid by a resident for the support and maintenance of his or her spouse, 16
61	61	parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as 17
62	62	defined in title XVI of the Federal Social Security Act, 42 U.S.C. §§ 1381 — 1383d, subject to a 18
63	63	maximum amount to be determined by rules and regulations as shall be adopted by the director. 19
64	64	(2) The fees shall be paid monthly to the home and any failure to make payment when due 20
65	65	shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded 21
66	66	administrative due process. 22
67	67	(c) Admissions to the veterans’ home shall be made without discrimination as to race, 23
68	68	color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender identity 24
69	69	or expression, assets, or income. 25
70	70	(d) Laundry services shall be provided to the residents of the Rhode Island veterans’ home 26
71	71	at no charge to the residents, with such funds to cover the cost of providing laundry services for 27
72	72	residents of the Rhode Island veterans’ home derived from monies appropriated to the department 28
73	73	of human services. 29
74	74	SECTION 2. Section 30-25-14 of the General Laws in Chapter 30-25 entitled "Burial of 30
75	75	Veterans" is hereby amended to read as follows: 31
76	76	30-25-14. Rhode Island veterans’ memorial cemetery. 32
77	77	(a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph 33
78	78	H. Ladd school in the town of Exeter, shall be under the management and control of the director of 34
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82	82	the department of human services. The director of the department of human services shall appoint 1
83	83	an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably 2
84	84	discharged veteran of the United States Armed Forces and shall have the general supervision over, 3
85	85	and shall prescribe rules for, the government and management of the cemetery. The administrator 4
86	86	shall make all needful rules and regulations governing the operation of the cemetery and generally 5
87	87	may do all things necessary to ensure the successful operation thereof. The director shall 6
88	88	promulgate rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to 7
89	89	govern the eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all 8
90	90	persons eligible for burial pursuant to rules and regulations established by the director, any person 9
91	91	who served in the army, navy, air force, or marine corps, coast guard, or space force of the United 10
92	92	States for a period of not less than two (2) years and whose service was terminated honorably, shall 11
93	93	be eligible for burial in the Rhode Island veterans’ memorial cemetery. The director shall appoint 12
94	94	and employ all subordinate officials and persons needed for the proper management of the 13
95	95	cemetery. National guard members who are killed in the line of duty or who are honorably 14
96	96	discharged after completion of at least six (6) years of service in the Rhode Island national guard 15
97	97	and/or reserve and their spouse shall be eligible for interment in the Rhode Island veterans’ 16
98	98	memorial cemetery. National guard members and/or reservists who are honorably discharged after 17
99	99	completion of at least six (6) years of service with another state, and who are a Rhode Island 18
100	100	resident for at least two (2) consecutive years immediately prior to death, shall be eligible, along 19
101	101	with their spouse, for interment in the Rhode Island veterans’ memorial cemetery. For the purpose 20
102	102	of computing service under this section, honorable service in the active forces or reserves shall be 21
103	103	considered toward the six (6) years of national guard service. The general assembly shall make an 22
104	104	annual appropriation to the department of human services to provide for the operation and 23
105	105	maintenance for the cemetery. The director shall charge and collect a grave liner fee per interment 24
106	106	of the eligible spouse and/or eligible dependents of the qualified veteran, national guard member, 25
107	107	and/or reservist equal to the department’s cost for the grave liner. 26
108	108	(b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’ 27
109	109	memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing 28
110	110	ear signal dogs or any other service animal, as required by federal law or any personal assistance 29
111	111	animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section 30
112	112	shall be subject to a fine of not less than five hundred dollars ($500). 31
113	113	(c) The state of Rhode Island office of veterans services shall bear the cost of all tolls 32
114	114	incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from 33
115	115	Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The 34
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119	119	executive director of the turnpike and bridge authority shall assist in the administration and 1
120	120	coordination of this toll reimbursement program. 2
121	121	SECTION 3. Section 34-12-5 of the General Laws in Chapter 34-12 entitled 3
122	122	"Acknowledgments and Notarial Acts" is hereby amended to read as follows: 4
123	123	34-12-5. Power of armed forces officers to take acknowledgments. 5
124	124	In addition to the acknowledgment of instruments and the performance of other notarial 6
125	125	acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, 7
126	126	documents attested, oaths and affirmations administered, depositions and affidavits executed, and 8
127	127	other notarial acts performed, before or by any commissioned officer in active service of the armed 9
128	128	forces of the United States with the rank of second lieutenant or higher in the army, air force, or 10
129	129	marine corps, or space force, or with the rank of ensign or higher in the navy or coast guard, or with 11
130	130	equivalent rank in any other component part of the armed forces of the United States, by any person 12
131	131	without the limits of the United States, and to any person who is a member of the armed forces who 13
132	132	is within or without the limits of the United States and their lawful dependents. 14
133	133	SECTION 4. Section 34-37-3 of the General Laws in Chapter 34-37 entitled "Rhode Island 15
134	134	Fair Housing Practices Act" is hereby amended to read as follows: 16
135	135	34-37-3. Definitions. 17
136	136	When used in this chapter: 18
137	137	(1) “Age” means anyone over the age of eighteen (18). 19
138	138	(2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant 20
139	139	Marines, or Air Force, or Space Force of the United States and the Rhode Island National Guard. 21
140	140	(3) “Commission” means the Rhode Island commission for human rights created by § 28-22
141	141	5-8. 23
142	142	(4) “Disability” means a disability as defined in § 42-87-1. 24
143	143	Provided, further, that the term “disability” does not include current, illegal use of, or 25
144	144	addiction to, a controlled substance, as defined in 21 U.S.C. § 802. 26
145	145	(5) “Discriminate” includes segregate, separate, or otherwise differentiate between or 27
146	146	among individuals because of race, color, religion, sex, sexual orientation, gender identity or 28
147	147	expression, marital status, lawful source of income, military status as a veteran with an honorable 29
148	148	discharge or an honorable or general administrative discharge, servicemember in the armed forces, 30
149	149	country of ancestral origin, disability, age, housing status, or familial status or because of the race, 31
150	150	color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source 32
151	151	of income, military status as a veteran with an honorable discharge or an honorable or general 33
152	152	administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 34
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156	156	age, housing status, or familial status of any person with whom they are, or may wish to be, 1
157	157	associated. 2
158	158	(6) The term “domestic abuse” for the purposes of this chapter shall have the same meaning 3
159	159	as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2, 4
160	160	except that the domestic abuse need not involve a minor or parties with minor children. 5
161	161	(7)(i) “Familial status” means one or more individuals who have not attained the age of 6
162	162	eighteen (18) years being domiciled with: 7
163	163	(A) A parent or another person having legal custody of the individual or individuals; or 8
164	164	(B) The designee of the parent or other person having the custody, with the written 9
165	165	permission of the parent or other person, provided that, if the individual is not a relative or legal 10
166	166	dependent of the designee, that the individual shall have been domiciled with the designee for at 11
167	167	least six (6) months. 12
168	168	(ii) The protections afforded against discrimination on the basis of familial status shall 13
169	169	apply to any person who is pregnant or is in the process of securing legal custody of any individual 14
170	170	who has not attained the age of eighteen (18) years. 15
171	171	(8) The terms, as used regarding persons with disabilities, “auxiliary aids and services,” 16
172	172	“reasonable accommodation,” and “reasonable modifications” have the same meaning as those 17
173	173	terms are defined in § 42-87-1.1. 18
174	174	(9) The term “gender identity or expression” includes a person’s actual or perceived 19
175	175	gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, 20
176	176	or gender-related expression; whether or not that gender identity, gender-related self image, gender-21
177	177	related appearance, or gender-related expression is different from that traditionally associated with 22
178	178	the person’s sex at birth. 23
179	179	(10) “Housing accommodation” includes any building or structure, or portion of any 24
180	180	building or structure, or any parcel of land, developed or undeveloped, that is occupied or is 25
181	181	intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or 26
182	182	residence of one or more persons. 27
183	183	(11) “Otherwise qualified” includes any person with a disability who, with respect to the 28
184	184	rental of property, personally or with assistance arranged by the person with a disability, is capable 29
185	185	of performing all the responsibilities of a tenant as contained in § 34-18-24. 30
186	186	(12) “Owner” includes any person having the right to sell, rent, lease, or manage a housing 31
187	187	accommodation. 32
188	188	(13) “Person” includes one or more individuals, partnerships, associations, organizations, 33
189	189	corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal 34
190	190
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193	193	representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as 1
194	194	defined in chapter 20.5 of title 5. 2
195	195	(14) “Senior citizen” means a person sixty-two (62) years of age or older. 3
196	196	(15) The term “sexual orientation” means having, or being perceived as having, an 4
197	197	orientation for heterosexuality, bisexuality, or homosexuality. 5
198	198	(16) The term “victim” means a family or household member and all other persons 6
199	199	contained within the definition of those terms as defined in § 12-29-2. 7
200	200	(17) The term “housing status” means the status of having or not having a fixed or regular 8
201	201	residence, including the status of living on the streets or in a homeless shelter or similar temporary 9
202	202	residence. 10
203	203	(18) The term “lawful source of income” means and includes any income, benefit, or 11
204	204	subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any 12
205	205	other federal, state, or local public assistance program, including, but not limited to, medical or 13
206	206	veterans assistance; any federal, state, or local rental assistance or housing subsidy program, 14
207	207	including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any 15
208	208	requirement associated with such public assistance, rental assistance, or housing subsidy program. 16
209	209	SECTION 5. This act shall take effect upon passage. 17
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216	216	EXPLANATION
217	217	BY THE LEGISLATIVE COUNCIL
218	218	OF
219	219	A N A C T
220	220	RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'
221	221	HOME
222	222	***
223	223	This act would add “space force” to the branches of the military included in various 1
224	224	sections of general law regarding the veterans home, veterans cemetery and the power of armed 2
225	225	forces officers to take acknowledgements. 3
226	226	This act would take effect upon passage. 4
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