2025 -- H 5387

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LC001261

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'

HOME

     Introduced By: Representatives Azzinaro, Fellela, Casimiro, Ackerman, Donovan,
Hopkins, Hull, J. Lombardi, Newberry, and Kennedy

     Date Introduced: February 07, 2025

     Referred To: House Veterans` Affairs

     (Office of Veterans Services)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 30-24-1 and 30-24-10 of the General Laws in Chapter 30-24 entitled

"Rhode Island Veterans’ Home" are hereby amended to read as follows:

     30-24-1. Management and control.

     The management and control of the Rhode Island veterans’ home, established in this state

for those who served in the army, navy, marine corps, coast guard, merchant marines, or air force

or space force of the United States in any war or conflict and were honorably discharged therefrom,

who shall be in need of such care as is provided at the home, shall be the responsibility of the

director of human services, or his or her designee.

     30-24-10. Admissible to home — Fees.

     (a) Any person who has served in the army, navy, marine corps, coast guard, or air force

or space force of the United States for a period of ninety (90) days or more and that period began

or ended during any foreign war in which the United States shall have been engaged or in any

expedition or campaign for which the United States government issues a campaign medal, and who

was honorably discharged from it, and who shall be deemed to be in need of care provided at the

Rhode Island veterans’ home, may be admitted to that facility subject to such rules and regulations

as shall be adopted by the director of human services to govern the admission of applicants to the

facility. Any person who has served in the armed forces of the United States designated herein and

otherwise qualified, who has served less than the ninety-day (90) period described in this section,

and who was honorably discharged from service, and who, as a result of the service, acquired a

service-connected disability or disease, may be admitted. No person shall be admitted to the facility

unless the person has been accredited to the enlistment or induction quota of the state or has resided

in the state for at least two (2) consecutive years next prior to the date of the application for

admission to the facility.

     (b)(1) The director shall, at the end of each fiscal year, determine the net, per-diem

expenses of maintenance of residents in the facility and shall assess against each resident who has

“net income”, as defined in this section, a fee equal to eighty percent (80%) of the resident’s net

income, provided that fee shall not exceed the actual cost of care and maintenance for the resident;

and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall

be allocated to, and deposited in, the veterans’ restricted account. For the purposes of this section,

“net income” is defined as gross income minus applicable federal and state taxes and minus:

     (i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty

percent (50%) of any sum received due to wounds incurred under battle conditions for which the

resident received the purple heart; and

     (ii) The amount paid by a resident for the support and maintenance of his or her spouse,

parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as

defined in title XVI of the Federal Social Security Act, 42 U.S.C. §§ 1381 — 1383d, subject to a

maximum amount to be determined by rules and regulations as shall be adopted by the director.

     (2) The fees shall be paid monthly to the home and any failure to make payment when due

shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded

administrative due process.

     (c) Admissions to the veterans’ home shall be made without discrimination as to race,

color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender identity

or expression, assets, or income.

     (d) Laundry services shall be provided to the residents of the Rhode Island veterans’ home

at no charge to the residents, with such funds to cover the cost of providing laundry services for

residents of the Rhode Island veterans’ home derived from monies appropriated to the department

of human services.

     SECTION 2. Section 30-25-14 of the General Laws in Chapter 30-25 entitled "Burial of

Veterans" is hereby amended to read as follows:

     30-25-14. Rhode Island veterans’ memorial cemetery.

     (a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph

H. Ladd school in the town of Exeter, shall be under the management and control of the director of

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the department of human services. The director of the department of human services shall appoint

an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably

discharged veteran of the United States Armed Forces and shall have the general supervision over,

and shall prescribe rules for, the government and management of the cemetery. The administrator

shall make all needful rules and regulations governing the operation of the cemetery and generally

may do all things necessary to ensure the successful operation thereof. The director shall

promulgate rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to

govern the eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all

persons eligible for burial pursuant to rules and regulations established by the director, any person

who served in the army, navy, air force, or marine corps, coast guard, or space force of the United

States for a period of not less than two (2) years and whose service was terminated honorably, shall

be eligible for burial in the Rhode Island veterans’ memorial cemetery. The director shall appoint

and employ all subordinate officials and persons needed for the proper management of the

cemetery. National guard members who are killed in the line of duty or who are honorably

discharged after completion of at least six (6) years of service in the Rhode Island national guard

and/or reserve and their spouse shall be eligible for interment in the Rhode Island veterans’

memorial cemetery. National guard members and/or reservists who are honorably discharged after

completion of at least six (6) years of service with another state, and who are a Rhode Island

resident for at least two (2) consecutive years immediately prior to death, shall be eligible, along

with their spouse, for interment in the Rhode Island veterans’ memorial cemetery. For the purpose

of computing service under this section, honorable service in the active forces or reserves shall be

considered toward the six (6) years of national guard service. The general assembly shall make an

annual appropriation to the department of human services to provide for the operation and

maintenance for the cemetery. The director shall charge and collect a grave liner fee per interment

of the eligible spouse and/or eligible dependents of the qualified veteran, national guard member,

and/or reservist equal to the department’s cost for the grave liner.

     (b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’

memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing

ear signal dogs or any other service animal, as required by federal law or any personal assistance

animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section

shall be subject to a fine of not less than five hundred dollars ($500).

     (c) The state of Rhode Island office of veterans services shall bear the cost of all tolls

incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from

Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The

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executive director of the turnpike and bridge authority shall assist in the administration and

coordination of this toll reimbursement program.

     SECTION 3. Section 34-12-5 of the General Laws in Chapter 34-12 entitled

"Acknowledgments and Notarial Acts" is hereby amended to read as follows:

     34-12-5. Power of armed forces officers to take acknowledgments.

     In addition to the acknowledgment of instruments and the performance of other notarial

acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged,

documents attested, oaths and affirmations administered, depositions and affidavits executed, and

other notarial acts performed, before or by any commissioned officer in active service of the armed

forces of the United States with the rank of second lieutenant or higher in the army, air force, or

marine corps, or space force, or with the rank of ensign or higher in the navy or coast guard, or with

equivalent rank in any other component part of the armed forces of the United States, by any person

without the limits of the United States, and to any person who is a member of the armed forces who

is within or without the limits of the United States and their lawful dependents.

     SECTION 4. Section 34-37-3 of the General Laws in Chapter 34-37 entitled "Rhode Island

Fair Housing Practices Act" is hereby amended to read as follows:

     34-37-3. Definitions.

     When used in this chapter:

     (1) “Age” means anyone over the age of eighteen (18).

     (2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant

Marines, or Air Force, or Space Force of the United States and the Rhode Island National Guard.

     (3) “Commission” means the Rhode Island commission for human rights created by § 28-

5-8.

     (4) “Disability” means a disability as defined in § 42-87-1.

     Provided, further, that the term “disability” does not include current, illegal use of, or

addiction to, a controlled substance, as defined in 21 U.S.C. § 802.

     (5) “Discriminate” includes segregate, separate, or otherwise differentiate between or

among individuals because of race, color, religion, sex, sexual orientation, gender identity or

expression, marital status, lawful source of income, military status as a veteran with an honorable

discharge or an honorable or general administrative discharge, servicemember in the armed forces,

country of ancestral origin, disability, age, housing status, or familial status or because of the race,

color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source

of income, military status as a veteran with an honorable discharge or an honorable or general

administrative discharge, servicemember in the armed forces, country of ancestral origin, disability,

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age, housing status, or familial status of any person with whom they are, or may wish to be,

associated.

     (6) The term “domestic abuse” for the purposes of this chapter shall have the same meaning

as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2,

except that the domestic abuse need not involve a minor or parties with minor children.

     (7)(i) “Familial status” means one or more individuals who have not attained the age of

eighteen (18) years being domiciled with:

     (A) A parent or another person having legal custody of the individual or individuals; or

     (B) The designee of the parent or other person having the custody, with the written

permission of the parent or other person, provided that, if the individual is not a relative or legal

dependent of the designee, that the individual shall have been domiciled with the designee for at

least six (6) months.

     (ii) The protections afforded against discrimination on the basis of familial status shall

apply to any person who is pregnant or is in the process of securing legal custody of any individual

who has not attained the age of eighteen (18) years.

     (8) The terms, as used regarding persons with disabilities, “auxiliary aids and services,”

“reasonable accommodation,” and “reasonable modifications” have the same meaning as those

terms are defined in § 42-87-1.1.

     (9) The term “gender identity or expression” includes a person’s actual or perceived

gender, as well as a person’s gender identity, gender-related self image, gender-related appearance,

or gender-related expression; whether or not that gender identity, gender-related self image, gender-

related appearance, or gender-related expression is different from that traditionally associated with

the person’s sex at birth.

     (10) “Housing accommodation” includes any building or structure, or portion of any

building or structure, or any parcel of land, developed or undeveloped, that is occupied or is

intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or

residence of one or more persons.

     (11) “Otherwise qualified” includes any person with a disability who, with respect to the

rental of property, personally or with assistance arranged by the person with a disability, is capable

of performing all the responsibilities of a tenant as contained in § 34-18-24.

     (12) “Owner” includes any person having the right to sell, rent, lease, or manage a housing

accommodation.

     (13) “Person” includes one or more individuals, partnerships, associations, organizations,

corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal

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representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as

defined in chapter 20.5 of title 5.

     (14) “Senior citizen” means a person sixty-two (62) years of age or older.

     (15) The term “sexual orientation” means having, or being perceived as having, an

orientation for heterosexuality, bisexuality, or homosexuality.

     (16) The term “victim” means a family or household member and all other persons

contained within the definition of those terms as defined in § 12-29-2.

     (17) The term “housing status” means the status of having or not having a fixed or regular

residence, including the status of living on the streets or in a homeless shelter or similar temporary

residence.

     (18) The term “lawful source of income” means and includes any income, benefit, or

subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any

other federal, state, or local public assistance program, including, but not limited to, medical or

veterans assistance; any federal, state, or local rental assistance or housing subsidy program,

including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any

requirement associated with such public assistance, rental assistance, or housing subsidy program.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'

HOME

***

     This act would add “space force” to the branches of the military included in various

sections of general law regarding the veterans home, veterans cemetery and the power of armed

forces officers to take acknowledgements.

     This act would take effect upon passage.

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