2022 -- S 2981 | |
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LC005853 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- BURIAL OF VETERANS -- | |
HMONG LAOTIAN GUERILLA UNITS | |
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Introduced By: Senators Ruggerio, Felag, and Seveney | |
Date Introduced: May 19, 2022 | |
Referred To: Senate Special Legislation and Veterans Affairs | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 30-25-3 and 30-25-14 of the General Laws in Chapter 30-25 entitled |
2 | "Burial of Veterans" are hereby amended to read as follows: |
3 | 30-25-3. Burial at public expense. |
4 | Whenever any person who served in the army, navy, air force, or marine corps of the United |
5 | States during any period of war, and was honorably discharged therefrom, shall die within this state |
6 | without leaving means sufficient to defray necessary funeral expenses, he or she shall be buried |
7 | and the expenses thereof paid in the manner provided in this chapter. |
8 | (a) When any veteran or member, as defined in subsection (e) of this section, dies, not |
9 | having sufficient estate to pay the necessary expenses of the veteran's or member's last sickness |
10 | and burial, as determined by the director of the office of veterans' affairs after consultation with the |
11 | probate court for the city or town in which the veteran or member resided, the state shall pay the |
12 | sum of one thousand eight hundred dollars ($1,800) toward such funeral expenses, and the burial |
13 | shall be in some cemetery or plot not used exclusively for the burial of the pauper dead, and the |
14 | same amount shall be paid if the body is cremated, but no amount shall be paid for the expenses |
15 | for burial or cremation unless claim therefor is made within one year from the date of death, except |
16 | that in cases of death occurring abroad, such claim may be made within one year after the remains |
17 | of such veteran or member have been interred in this country. No provision of this section shall |
18 | prevent the payment of the sum allocated for the burial of any person, otherwise entitled to the |
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1 | same, on account of such burial being made outside the limits of this state. |
2 | (b) Upon satisfactory proof by the person who has paid or provided for the funeral or burial |
3 | expense to the director of the identity of the deceased veteran, the time and place of the deceased's |
4 | death and burial and the approval thereof by the director, the sum of one thousand eight hundred |
5 | dollars ($1,800) shall be paid by the general treasurer to the person who has paid the funeral or |
6 | burial expense or, upon assignment by such person, to the funeral director who has provided the |
7 | funeral. |
8 | (c)(1) Upon satisfactory proof by the person who has paid or provided for the funeral or |
9 | burial expense to the director of the identity of the deceased member, the time and place of the |
10 | deceased member's death and burial and the approval thereof by the commissioner, the sum of one |
11 | thousand eight hundred dollars ($1,800) shall be paid by the general treasurer to the person who |
12 | has paid the funeral or burial expense, or upon assignment by such person, to the funeral director |
13 | who has provided the funeral. |
14 | (2) The person who has paid or provided for the funeral or burial expense shall provide to |
15 | the director an affidavit stating: |
16 | (i) When the deceased member served; |
17 | (ii) Where the deceased member served; |
18 | (iii) The unit in which the deceased member served; and |
19 | (iv) The capacity in which the deceased member served; along with any available |
20 | corroborating witness affidavits; any available official documentation of service; and any other |
21 | documents supporting the affidavit. |
22 | (d) Whenever the general treasurer has lawfully paid any sum toward the expenses of the |
23 | burial of any deceased veteran or member and it afterwards appears that the deceased left any estate, |
24 | the general treasurer may present a claim on behalf of the state against the estate of such deceased |
25 | veteran or member for the sum so paid, and the claim shall be a preferred claim against such estate |
26 | and shall be paid to the general treasurer of the state. The director, upon the advice of the attorney |
27 | general, may make application for administration upon the estate of any such deceased veteran or |
28 | member if no other person authorized by law makes such application within sixty (60) days after |
29 | such payment has been made by the general treasurer. |
30 | (e) As used in this section, the term "veteran" means any person honorably discharged |
31 | from, or released under honorable conditions from active service in, the armed forces, as defined |
32 | in 32 CFR § 724.109, or with a qualifying condition, as defined in § 30-18-3, who has received a |
33 | discharge other than bad conduct or dishonorable from active service in the armed forces, and the |
34 | term "member" means any person who served in the Hmong Laotian special guerilla units, which |
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1 | units served in the United States secret war in the Kingdom of Laos during the Vietnam War. |
2 | 30-25-14. Rhode Island veterans' memorial cemetery. |
3 | (a) The Rhode Island veterans' memorial cemetery, located on the grounds of the Joseph |
4 | H. Ladd school in the town of Exeter, shall be under the management and control of the director of |
5 | the department of human services. The director of the department of human services shall appoint |
6 | an administrator for the Rhode Island veterans' memorial cemetery who shall be an honorably |
7 | discharged veteran of the United States Armed Forces and shall have the general supervision over, |
8 | and shall prescribe rules for, the government and management of the cemetery. He or she shall |
9 | make all needful rules and regulations governing the operation of the cemetery and generally may |
10 | do all things necessary to ensure the successful operation thereof. The director shall promulgate |
11 | rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to govern the |
12 | eligibility for burial in the Rhode Island veterans' memorial cemetery. In addition to all persons |
13 | eligible for burial pursuant to rules and regulations established by the director, any person who |
14 | served in the army, navy, air force, or marine corps of the United States for a period of not less than |
15 | two (2) years and whose service was terminated honorably, shall be eligible for burial in the Rhode |
16 | Island veterans' memorial cemetery. The director shall appoint and employ all subordinate officials |
17 | and persons needed for the proper management of the cemetery. National guard members who are |
18 | killed in the line of duty or who are honorably discharged after completion of at least twenty (20) |
19 | years' of service in the Rhode Island national guard and their spouse shall be eligible for interment |
20 | in the Rhode Island veterans' memorial cemetery. For the purpose of computing service under this |
21 | section, honorable service in the active forces or reserves shall be considered toward the twenty |
22 | (20) years of national guard service. The general assembly shall make an annual appropriation to |
23 | the department of human services to provide for the operation and maintenance for the cemetery. |
24 | The director shall charge and collect a grave liner fee per interment of the eligible spouse and/or |
25 | eligible dependents of the qualified veteran equal to the department's cost for the grave liner. |
26 | (b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans' |
27 | memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing |
28 | ear signal dogs or any other service animal, as required by federal law or any personal assistance |
29 | animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section |
30 | shall be subject to a fine of not less than five hundred dollars ($500). |
31 | (c)(1) Any person who served in the Hmong Laotian special guerilla units, which units |
32 | served in the United States secret war in the Kingdom of Laos during the Vietnam War, may, by |
33 | letter or other communication addressed to the director of the office of veterans' affairs, or by will, |
34 | request that upon his or her death his or her body be buried in the veterans' cemetery, or the spouse |
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1 | or other next of kin may apply to the director to have the body of such person buried in the veterans' |
2 | cemetery, and in either case such request shall be granted. |
3 | (2) Such person who served in the Hmong Laotian special guerilla units, or the spouse or |
4 | next of kin of such person, shall provide to the director an affidavit stating: |
5 | (i) When the person served; |
6 | (ii) Where the person served; |
7 | (iii) The unit in which the person served; and |
8 | (iv) The capacity in which the person served; along with any available corroborating |
9 | witness affidavits; any available official documentation of service; and any other documents |
10 | supporting the affidavit. |
11 | (d) The spouse of any veteran, or the spouse of any person who served in the Hmong |
12 | Laotian special guerilla units described in subsection (c) of this section, shall, upon similar request |
13 | or application made to the director, be buried in said veterans' cemetery provided only one such |
14 | request or application shall be granted. |
15 | (e) The director shall designate an area in the veterans' cemetery for veterans and any |
16 | persons who served in the Hmong Laotian special guerilla units described in subsection (c) of this |
17 | section who, for religious reasons, require burial in a consecrated area. |
18 | SECTION 2. Section 31-3-53 of the General Laws in Chapter 31-3 entitled "Registration |
19 | of Vehicles" is hereby amended to read as follows: |
20 | 31-3-53. Veterans' plates. |
21 | (a) The registrar of motor vehicles shall issue for any motor vehicle eligible for registration |
22 | as an automobile, or for any motorcycle eligible for registration as a motorcycle, or for a |
23 | commercial vehicle having a gross weight of twelve thousand pounds (12,000 lbs.) or less, plates |
24 | designated as "Veteran" upon application on proper forms furnished by the administrator of the |
25 | division of motor vehicles to veterans. |
26 | (b) The special plate designated "Veteran" shall be designed as follows: |
27 | (1) Letters and numbers shall be blue in a white background with the words "Rhode Island" |
28 | clearly visible at the top center of the plate and the word "Veteran" visible at the bottom center of |
29 | the plate. |
30 | (2) The background will be a red, white, and blue waving American Flag. |
31 | (3) On the top right corner will be a decal with the military branch of the service in which |
32 | the Veteran served (Army, Navy, Air Force, Marines, Coast Guard, and Merchant Marines). |
33 | (4) For war veterans, a white decal with blue letters with the words "War Veteran" placed |
34 | under the military branch decal on the right side of the plate above the validation sticker. |
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1 | (c) The applicant shall not be required to pay a service charge or a transfer charge for each |
2 | plate. |
3 | (d)(1) The applicant shall be entitled to a plate for each vehicle owned by the applicant. |
4 | (2) The applicant shall also be entitled to a plate for one vehicle owned by an entity the |
5 | applicant owns. The entity must be registered and authorized to conduct business in the state of |
6 | Rhode Island. The applicant must provide to the division of motor vehicles documentation |
7 | demonstrating the applicant's ownership of the entity. |
8 | (e) The owner of a motor vehicle eligible for registration as a commercial vehicle and |
9 | having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued veteran plates |
10 | shall continue to pay the appropriate commercial registration fee for those plates. |
11 | (f)(1) For the purposes of this section, a "veteran" shall be defined as any person who has |
12 | served on active duty in the armed forces of the United States. The term "veteran" shall also include |
13 | members of the National Guard and Reserves: (i) Called to active duty authorized by the President |
14 | of the United States or the Secretary of Defense; or (ii) Who have twenty (20) years of service with |
15 | a letter and record of separation of service. |
16 | (2) For the purposes of this section, "War Veteran" shall be defined as any veteran of any |
17 | conflict or undeclared war who has earned a campaign ribbon or expeditionary medal for service |
18 | in either a declared or undeclared war as noted on the war veteran's DD-214. Upon the death of the |
19 | holder of any veteran plates, the plates shall be transferred to the surviving spouse for the spouse's |
20 | lifetime until he or she remarries. |
21 | (g) The "veteran" or "war veteran" described in subdivisions (f)(1)(i) or (ii) and (f)(2) must |
22 | have been honorably discharged from the armed forces of this nation in order to receive plates |
23 | pursuant to this section and, for purposes of this section, a medical discharge or a general discharge |
24 | shall be deemed an honorable discharge. |
25 | (h) [Deleted by P.L. 2021, ch. 119, § 1 and P.L. 2021, ch. 120, § 1.] |
26 | (i) A person shall be eligible for a veterans' plate if his or her deceased spouse was eligible |
27 | for a veterans' plate, notwithstanding the fact that the eligible, deceased spouse died prior to the |
28 | enactment of this section in 1988. |
29 | (j)(1) The administrator of the division of motor vehicles, at the request of any person who |
30 | was a member of the Hmong Laotian special guerilla units, which units served in the United States |
31 | secret war in the Kingdom of Laos during the Vietnam War, or the surviving spouse of such person, |
32 | and after verification from the office of veterans' affairs as provided under subsection (j)(2) of this |
33 | section, shall register any motor vehicle owned or leased for a period of at least one year by such |
34 | person and shall issue a special certificate of registration and a set of veteran number plates for |
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1 | each such motor vehicle. |
2 | (2) Any person who was a member of the Hmong Laotian special guerilla units, or the |
3 | surviving spouse of such person, may submit a request to the office of veterans' affairs to be listed |
4 | as a veteran, based on such service, for the purpose of obtaining a special certificate of registration |
5 | and a set of veteran number plates under subsection (j)(1) of this section. Such person, or the |
6 | surviving spouse of such person, shall provide to said office an affidavit stating: |
7 | (i) When such person served; |
8 | (ii) Where such person served; |
9 | (iii) The unit in which such person served; and |
10 | (iv) The capacity in which such person served; as well as any available corroborating |
11 | witness affidavits; any available official documentation of service; and any other documents |
12 | supporting such person's or such surviving spouse's affidavit. Said office shall, not later than thirty |
13 | (30) days after receipt of such request, verify whether such person was a member of the Hmong |
14 | Laotian special guerilla units and, if so, notify the administrator of such request and verification. |
15 | SECTION 3. Section 31-10-48 of the General Laws in Chapter 31-10 entitled "Operators' |
16 | and Chauffeurs' Licenses" is hereby amended to read as follows: |
17 | 31-10-48. Veteran designation on operator license. |
18 | (a) The administrator of the division of motor vehicles shall, upon presentation of a United |
19 | States Department of Defense (DD) FORM 214 or other acceptable documentation of military |
20 | service and verification of an honorable discharge, issue a motor vehicle operator's license or |
21 | commercial driver's license to the presenter that is clearly marked "veteran." |
22 | (b) The presentment of an operator's license marked "veteran" shall have the same validity |
23 | in retail establishments as the presentment of a certified, government-issued military identification |
24 | card as eligibility for preferential treatment. |
25 | (c)(1) Any person who was a member of the Hmong Laotian special guerilla units, which |
26 | units served in the United States secret war in the Kingdom of Laos during the Vietnam War, may |
27 | submit a request to the office of veterans' affairs to be listed as a veteran, based on such service, on |
28 | his or her motor vehicle operator's license or identity card. Said office shall, not later than thirty |
29 | (30) days after receipt of such request and the documents required under subsection (c)(2) of this |
30 | section, verify whether such person was such a member and, if so, notify the administrator of motor |
31 | vehicles of such request and verification. The administrator shall indicate such person's status as a |
32 | veteran on any motor vehicle operator's license or identity card issued to such person upon original |
33 | issuance or renewal of a motor vehicle operator's license or identity card or upon issuance of a |
34 | duplicate motor vehicle operator's license or identity card. |
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1 | (2) Any such person who was a member of the Hmong Laotian special guerilla units shall |
2 | submit to the office of veterans' affairs, in addition to the request under subsection (c)(1) of this |
3 | section, an affidavit stating: |
4 | (i) When such person served; |
5 | (ii) Where such person served; |
6 | (iii) The unit in which such person served; and |
7 | (iv) The capacity in which such person served; as well as any available corroborating |
8 | witness affidavits; any available official documentation of service; and any other documents |
9 | supporting such person's affidavit. |
10 | SECTION 4. Chapter 30-17.1 of the General Laws entitled "Veterans' Affairs" is hereby |
11 | amended by adding thereto the following section: |
12 | 30-17.1-6.1. Award of ribbons and medals. |
13 | (a) The adjutant general, in consultation with the director of the office of veterans' affairs, |
14 | shall award a ribbon and medal to each member who is a resident of this state and who provides to |
15 | the office of veterans' affairs an affidavit stating: |
16 | (i) When such person served; |
17 | (ii) Where such person served; |
18 | (iii) The unit in which such person served; and |
19 | (iv) The capacity in which such person served; as well as any available corroborating |
20 | witness affidavits; any available official documentation of service; and any other documents |
21 | supporting such person's affidavit. As used in this section, "member" means a person who served |
22 | in the Hmong Laotian special guerilla units, which units served in the United States secret war in |
23 | the Kingdom of Laos during the Vietnam War. |
24 | (b) The adjutant general, in consultation with the director, shall adopt regulations, setting |
25 | forth the process for identifying such members under this section and establishing procedures for |
26 | distributing a Hmong Laotian special guerilla service medal to each such member. |
27 | (c) The adjutant general shall follow the provisions of §§ 30-8-6 and 30-8-7 with reference |
28 | to the design and procurement of the medal and the rules and regulations with reference thereto. |
29 | SECTION 5. This act shall take effect upon passage. |
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LC005853 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- BURIAL OF VETERANS -- | |
HMONG LAOTIAN GUERILLA UNITS | |
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1 | This act would provide certain benefits to members of the Hmong Laotian special guerilla |
2 | units who served in the secret war in the Kingdom of Laos during the Vietnam War in conjunction |
3 | with the United States armed forces as granted to Rhode Island veterans. |
4 | This act would take effect upon passage. |
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LC005853 | |
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