Chapter 506

Sec. 27-102l. Department of Veterans Affairs. Veterans Residential Services facility. Office of Advocacy and Assistance. Powers and duties. Regulations. (a) There shall be a Department of Veterans Affairs. The Veterans Residential Services facility, as defined in subsection (b) of section 27-103, shall be within the department and located in Rocky Hill. The department head shall be the Commissioner of Veterans Affairs, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties prescribed therein.

(b) (1) The commissioner may appoint a manager to administer an Office of Advocacy and Assistance for the aid and benefit of veterans and their spouses, eligible dependents and family members. The office shall have a staff of not less than eight men and women, including six veterans' service officers, and clerical personnel. The manager and veterans' service officers shall be veterans, as defined in subsection (a) of section 27-103, or veterans who were awarded the armed forces expeditionary medal for service by the armed forces.

(2) (A) The manager shall develop a training module on assisting and serving women veterans with regard to state or federal services or benefits and identifying and advising such veterans of community or nonprofit programs focused on assisting and serving such veterans. The manager shall hold and provide instruction for an annual training session, in accordance with such module, to each veterans' service officer and any municipal veterans' representative, as described in subsection (b) of section 27-135, or representative from an Operation Academic Support for Incoming Service Members center at a public institution of higher education in this state.

(B) At least one of the veterans' service officers shall be a woman having a demonstrated interest in the concerns of women veterans, who shall be responsible for addressing those concerns, and, effective upon the next opening of a veterans' service officer position occurring on or after July 1, 2010, at least two of the veterans' service officers shall be individuals having bilingual proficiency in English and Spanish, within existing authorized positions. Each veterans' service officer shall (i) successfully complete a course in veterans' benefits not later than one year after commencement of employment, (ii) attend the training session described in subparagraph (A) of this subdivision, and (iii) be assigned to one of the five congressional districts of the state.

(3) The office staff shall, at least twice annually, conduct a training course for any municipal veterans' representative. The office staff shall include in such training course a summary of state and federal services and benefits, the duties to be carried out by each municipal veterans' representative, as described in subsection (a) of section 27-135, and any assistance the office staff may provide to any municipal veterans' representative related to such duties.

(4) (A) The office shall develop a written outreach plan identifying (i) strategies for conducting outreach to veterans and their spouses, eligible dependents and family members for purposes of providing assistance in claims for veterans' services or benefits, and (ii) to the extent possible, specific events and other opportunities to provide such assistance that are sponsored by the office or in which the office is participating. The office shall update such written outreach plan as necessary to improve the efficacy of its outreach efforts.

(B) The manager and each veterans' service officer shall electronically track information relating to outreach conducted or attended by the office, including, but not limited to, the title or type of any outreach event conducted or attended and the number of veterans or their spouses, eligible dependents or family members to whom substantive services or referrals were provided.

(C) The office shall utilize the notifications received from the administrator of each nursing home and assisted living facility in the state, pursuant to subdivision (2) of subsection (c) of this section, to develop an annual schedule for each veterans' service officer to visit nursing homes and assisted living facilities. The office shall compile any information collected as a result of such visits and provide quarterly reports on such information to the Board of Trustees for the Department of Veterans Affairs.

(D) The office shall provide quarterly reports to the Board of Trustees for the Department of Veterans Affairs on (i) concerns raised by veterans or their spouses, eligible dependents or family members, which concerns shall be summarized by type, frequency and resolution, (ii) petitions filed by veterans or their spouses, eligible dependents or family members received by the commissioner under section 27-102l(d)-54 of the regulations of Connecticut state agencies for the four preceding months, and (iii) copies of any such petitions.

(c) In addition to the powers and duties prescribed under section 4-8, the commissioner shall have the following powers and duties:

(1) To prepare studies and collect information concerning facilities and services available to members of the armed forces, veterans or their spouses, eligible dependents or family members, including facilities and services for veterans who may have been exposed to a Vietnam herbicide during their periods of military service;

(2) To require that the administrator of each nursing home and assisted living facility in the state notify the Office of Advocacy and Assistance not later than April 1, 2017, and every six months thereafter, of any new resident in such nursing home or assisted living facility who is a veteran or a spouse, eligible dependent or family member of a veteran, provided each such nursing home or assisted living facility shall not release the identity of any such new resident to the office without the consent of the new resident. As used in this subdivision, “new resident” means a resident of whom such nursing home or assisted living facility has not previously notified the Office of Advocacy and Assistance;

(3) To cooperate with service agencies and organizations throughout the state in disseminating and furnishing counsel and assistance of benefit to residents of this state who are or have been members of the armed forces or their spouses or eligible dependents, which will indicate the availability of: (A) Educational training and retraining facilities; (B) health, medical, rehabilitation and housing services and facilities; (C) employment and reemployment services; (D) provisions of federal, state and local laws affording financial rights, privileges and benefits; and (E) other matters of similar nature;

(4) To assist veterans and their spouses, eligible dependents and family members in the preparation, presentation, proof and establishment of such claims, privileges, rights and other benefits accruing to them under federal, state and local laws;

(5) To cooperate with all national, state and local governmental and private agencies securing or offering services or any benefits to veterans or their spouses or eligible dependents;

(6) To develop and prepare a long-range plan and mission statement for the Veterans Residential Services facility and Office of Advocacy and Assistance;

(7) To review all appeals made by veterans or their spouses, eligible dependents or family members and render the final decision thereon regarding the denial of admission to any program or the refusal to render any service or benefit which is administered by the Department of Veterans Affairs, the discharge or transfer from any such program or any disciplinary action taken while participating in any such program;

(8) If the Veterans Residential Services facility closes or ceases to provide housing to veterans, to provide or arrange for housing to any veteran residing at said facility or receiving care or treatment at the Healthcare Center, as defined in subsection (b) of section 27-103, on the date of such closure or on the date said facility ceases to provide housing to veterans; and

(9) To publish on the Internet extensive and reliable data regarding women veterans, including, but not limited to, federal and state services and benefits, current challenges and notable women veterans and their contributions.

(d) The commissioner shall adopt, in accordance with the provisions of chapter 54, and enforce such regulations and procedures for the operation, administration and management of the department and all programs and services under the jurisdiction of the department, including, but not limited to, procedures relating to admission and discharge or transfer of veterans in the Veterans Residential Services facility, a per diem fee schedule for programs, services and benefits provided by said facility, and the participation of eligible family members in programs or services provided by said facility. The commissioner shall amend such regulations as necessary, in accordance with the provisions of chapter 54, to allow residents of said facility and relatives or authorized representatives of such residents to file a written complaint regarding policies, procedures and administrative decisions of said facility. Such amended regulations shall include a procedure for filing such complaints, including deadlines by which complaints must be received, investigated and acted upon. The commissioner shall submit proposed regulations for public comment pursuant to section 4-168 not later than ninety days after July 1, 2015.

(P.A. 86-175, S. 1, 4; P.A. 87-155, S. 1; 87-543, S. 8, 9; P.A. 88-285, S. 1, 35; June Sp. Sess. P.A. 91-12, S. 37, 55; P.A. 03-170, S. 6; P.A. 04-169, S. 3; P.A. 07-97, S. 1; P.A. 10-21, S. 2; P.A. 13-34, S. 1; P.A. 15-197, S. 1, 5; P.A. 16-68, S. 2; 16-167, S. 1; 16-192, S. 1; P.A. 17-36, S. 1, 2; P.A. 19-148, S. 2.)

History: P.A. 87-155 amended Subsec. (b) to permit veterans awarded the armed forces expeditionary medal to be service officers in the department; P.A. 87-543 amended Subsec. (c)(1) to authorize studies and the collection of information for facilities and services for veterans who may have been exposed to a Vietnam herbicide; P.A. 88-285 amended Subsec. (a) to provide that the veterans' home and hospital be within the department, amended Subsec. (b) to delete provision re location of offices, to require commissioner to appoint a deputy to administer a veterans' assistance unit which shall have a staff of at least eight persons and to make technical changes, added Subsec. (c)(6) and (7) re development of a long-range plan and mission statement for the home and hospital and the unit and review of appeals made by veterans or their family members, and added Subsec. (d) re adoption of regulations for the operation, administration and management of the department and all programs under its jurisdiction; June Sp. Sess. P.A. 91-12 in Subsec. (b) renamed the veterans' assistance unit the veterans' advocacy and assistance unit; P.A. 03-170 amended Subsec. (b) by changing number of congressional districts from six to five, effective June 26, 2003; P.A. 04-169 amended Subsec. (a) to require the Veterans' Home to be located in Rocky Hill, amended Subsec. (b) to authorize the commissioner to appoint a unit head in lieu of requiring appointment of a deputy to administer veterans' advocacy and assistance unit and to require the unit head to be a veteran, eliminating reference to department head and the deputy commissioner, changed the name of the Veterans' Home and Hospital to the Veterans' Home throughout and made technical changes, effective June 1, 2004; P.A. 07-97 amended Subsec. (b) to require at least one service officer position, upon an opening occurring on or after July 1, 2007, to be filled by an individual having bilingual proficiency in English and Spanish, effective July 1, 2007; P.A. 10-21 amended Subsec. (b) by replacing “2007” with “2010” and increasing number of required service officers having bilingual proficiency in English and Spanish to 2 individuals, effective May 5, 2010; P.A. 13-34 amended Subsec. (b) to add provision re annual training course for city or town employee designated a veterans' service contact person; P.A. 15-197 added Subsec. (c)(8) re commissioner's duty to provide housing to veteran residents, effective July 2, 2015, and amended Subsec. (d) by adding provision re adoption of regulations concerning resident complaints, effective July 1, 2015; P.A. 16-68 amended Subsec. (b) by designating existing provisions re appointing unit head as Subdiv. (1) and amending same to delete provision re annual training course for city or town employee, and by adding provisions, codified by the Revisors as Subdivs. (3) and (4), re training course for designated veterans' contact persons and re outreach plan and information, visits to nursing homes and assisted living facilities and quarterly reports, amended Subsec. (c)(2) by replacing provision re commissioner to conduct interviews in nursing homes or hospitals with provision re notification of new resident in nursing home or assisted living facility who is a veteran or a spouse, eligible dependent or family member of a veteran, and made technical changes; P.A. 16-167 replaced “Department of Veterans' Affairs” with “Department of Veterans Affairs”, replaced references to Veterans' Home with references to Veterans Residential Services facility, replaced references to veterans' advocacy and assistance unit with references to Office of Advocacy and Assistance, amended Subsec. (b) by replacing “unit head” with “manager” and replacing “service officers” with “veterans' service officers”, amended Subsec. (c) by adding “or family members” in Subdiv. (1) and replacing provision re home or health care facility with provision re Healthcare Center in Subdiv. (8), and made technical changes, effective July 1, 2016; P.A. 16-192 amended Subsec. (b) by designating existing provisions re advocacy and assistance unit as Subdiv. (1) and amending same to replace “service officers” with “veterans' service officers”, adding Subdiv. (2)(A) re training on assisting and serving women veterans, and designating existing provisions re service officers as Subdiv. (2)(B) and amending same to add provision re attending training session described in Subpara. (A), amended Subsec. (c) to add Subdiv. (9) re Internet publication of extensive and reliable data re women veterans, and made technical changes; P.A. 17-36 amended Subsec. (b) to replace “unit head” with “manager” in Subdivs. (2)(A) and (4)(B), replace “within one year of” with “not later than one year after” in Subdiv. (2)(B)(i), and make technical changes in Subdiv. (4), and amended Subsecs. (b) and (c)(2) to replace references to veterans' advocacy and assistance unit with references to Office of Advocacy and Assistance; P.A. 19-148 amended Subsec. (b) to replace references to veterans' service contact person with municipal veterans' representative and made a technical change.

See Sec. 27-100g re outreach and programs for improving awareness of and access to services and benefits available to women veterans.

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Sec. 27-102m. Commissioner to investigate complaints re conduct or treatment of veterans or family members. The Commissioner of Veterans Affairs, in his or her discretion, shall investigate all complaints made to the commissioner with respect to the conduct or treatment of veterans, their spouses, or eligible dependents and family members receiving services under this chapter, or any program administered by the Department of Veterans Affairs and for such purpose shall have power to compel the attendance of witnesses under oath. If upon the completion of such investigation, the commissioner finds that any veteran, spouse or eligible dependent has not received proper care or has been ill-treated or abused by any officer or employee, the commissioner shall, in his or her discretion, cause the offender to be prosecuted, disciplined or dismissed and shall order such remedial action as the commissioner deems necessary to eliminate the condition. If upon such investigation, the commissioner finds that no adequate grounds exist for such complaint, the commissioner shall certify that fact to the officer or employee involved and cause such officer's or employee's record to be cleared of the incident.

(P.A. 88-285, S. 3, 35; P.A. 14-141, S. 1; P.A. 22-34, S. 6.)

History: P.A. 14-141 made technical changes; P.A. 22-34 made technical changes.

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Sec. 27-102n. Board of Trustees for the Department of Veterans Affairs. Members. Duties. Annual report. (a) There shall be a Board of Trustees for the Department of Veterans Affairs. On and after July 1, 2015, the board shall be comprised of eighteen voting members who by education or experience shall be qualified in health care, business management, social services or law and who shall have a demonstrated interest in the concerns of veterans. A majority of the members of the board shall be veterans, including veterans of armed conflicts authorized by the President of the United States. The members shall include (1) the president of the Veterans Residential Services facility's veterans council, (2) the president of the Healthcare Center's council, and (3) sixteen members appointed in accordance with subsection (b) of this section.

(b) Sixteen members shall be appointed as follows: (1) Ten by the Governor, who shall serve at the pleasure of the Governor, and (2) one each by the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate and the minority leader of the House of Representatives, whose terms shall be coterminous with the term of the appointing authority. Any vacancy on the board shall be filled by the appointing authority in the same manner as the original appointment, for the unexpired portion of the term. Members shall be sworn to the faithful performance of their duties. They shall receive no compensation for their services but shall be reimbursed for their reasonable expenses in the performance of their duties.

(c) The Commissioner of Veterans Affairs, or the commissioner's designee, shall serve as a nonvoting, ex-officio member of the board and shall attend the meetings of the board.

(d) The Governor shall appoint a chairperson from among the membership of the board. The board shall meet at least quarterly and upon the call of the commissioner, the chairperson or a majority of the board members. A majority of the members shall constitute a quorum. On and after January 1, 2016, any board member, except the Commissioner of Veterans Affairs, absent from (1) three consecutive meetings of the board, or (2) fifty per cent of such meetings during any calendar year shall be deemed to have resigned from the board, effective immediately.

(e) The board shall advise and assist the commissioner in the operation of the Veterans Residential Services facility, the Office of Advocacy and Assistance, the administration, expansion or modification of existing programs and services of the department and the development of new programs and services.

(f) The board shall (1) review and approve any regulations prior to adoption by the commissioner concerning: (A) Procedures relating to admission and discharge or transfer of veterans in the Veterans Residential Services facility; (B) a per diem fee schedule for programs, services and benefits provided therein; and (C) the participation of eligible family members in programs or services provided by said facility, and (2) review and comment on (A) the budget for the Department of Veterans Affairs; and (B) major policies relating to the Veterans Residential Services facility.

(g) The Commissioner of Veterans Affairs shall provide the board with information necessary for the board to monitor the performance of the Department of Veterans Affairs. Such information shall be provided to the board in a timely manner and shall include, but not be limited to, (1) the department's budget for each fiscal year; (2) quarterly reports on the department's actual revenue and expenditures for the preceding four months; (3) quarterly reports on the staffing levels at the Veterans Residential Services facility, direct care staffing at the Healthcare Center and case manager to resident ratios for the preceding four months; (4) resources management, including current projects and planned projects; (5) quarterly summaries of applications for admission to, departures from and occupancy rates at said facility and admissions to and discharges from the Healthcare Center for the preceding four months; (6) program performance, including programs for employment assistance and assistance to veteran residents interested in securing housing outside of said facility; (7) results of annual resident satisfaction surveys conducted by the department; (8) quarterly reports summarizing incident rates at the Healthcare Center for the preceding four months; (9) reports on the number of rules violations against residents of said facility and patients of the Healthcare Center and penalties issued therefor; (10) performance reports on programs operated by the Office of Advocacy and Assistance within the Department of Veterans Affairs; (11) annual customer satisfaction reports from veterans who request assistance from said office; (12) caseload figures for veterans' service officers; (13) results of any federal and state inspections; (14) quarterly reports summarizing by type, frequency and resolution, concerns raised by residents of the Veterans Residential Services facility and patients of the Healthcare Center, petitions and complaints filed by any such residents or patients and any relatives or authorized representatives of such residents or patients received by the commissioner under subsection (d) of section 27-102l-54 of the regulations of Connecticut state agencies for the four preceding months and copies of any such petitions and complaints; and (15) the bylaws, minutes of meetings and list of officers of the Veterans Residential Services facility's veterans council for the previous quarter.

(h) All board meeting notices, minutes and reports bearing a date of January 1, 2012, or later shall be posted in a conspicuous place on the department's Internet web site. Minutes from board meetings held on or after July 1, 2015, shall be posted to such Internet web site not later than seven days after each such meeting is held. If applicable, minutes shall contain a statement that such minutes are considered draft minutes until approved by the board.

(i) Not later than February fifteenth of each year, the board shall submit an annual report to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to veterans' and military affairs, in accordance with the provisions of section 11-4a, on its activities during the previous calendar year, progress in fulfilling its mission based on programmatic outcomes and recommendations, if any, for improving the delivery of services to veterans and the addition of new programs.

(P.A. 88-285, S. 8, 35; June Sp. Sess. P.A. 91-12, S. 38, 55; P.A. 01-58; P.A. 04-41, S. 1; 04-169, S. 4; P.A. 05-288, S. 122; June Sp. Sess. P.A. 05-3, S. 19; P.A. 13-299, S. 40; P.A. 14-122, S. 45; P.A. 15-197, S. 4; P.A. 16-167, S. 2.)

History: June Sp. Sess. P.A. 91-12 in Subsec. (a) replaced the advisory board for the veterans' assistance unit and the board of trustees for the Veterans' Home and Hospital with a board of trustees for the department of veterans' affairs and made corresponding technical changes in Subsecs. (b) to (e), inclusive; P.A. 01-58 changed meeting schedule in Subsec. (b) from monthly to quarterly and made a technical change in Subsec. (d); P.A. 04-41 amended Subsec. (a) to increase membership on the board from 9 to 16 members, to specify that veterans who shall be a majority of the members of the board include veterans of World War II, the Korean hostilities and the Vietnam era, to require the Governor to appoint 10 members and the 6 legislative leaders to appoint one member each, whose term is coterminous with the term of the appointing authority, and amended Subsec. (e) to require the board to submit an annual report to the public safety committee of the General Assembly; P.A. 04-169 amended Subsec. (a) to eliminate provision that requires deputy commissioner of the veterans' advocacy and assistance unit to be a nonvoting member of the board, and amended Subsecs. (c) and (d) to eliminate references to “and hospital”, effective June 1, 2004; P.A. 05-288 made technical changes in Subsec. (a), effective July 13, 2005; June Sp. Sess. P.A. 05-3 amended Subsec. (e) to require board to submit an annual report to the select committee of the General Assembly having cognizance of matters relating to military and veterans' affairs, effective June 30, 2005; P.A. 13-299 amended Subsec. (a) to substitute requirement that majority of members be veterans of armed conflicts authorized by the President for requirement that majority of members be veterans of World War II, Korean hostilities and Vietnam era, effective July 1, 2013; P.A. 14-122 made technical changes in Subsec. (e); P.A. 15-197 amended Subsec. (a) by increasing board membership from 16 members to 18 members and adding provision re 2 residents of Veterans' Home be board members, designated existing provisions re board appointment as Subsec. (b) and made technical changes therein, added new Subsec. (c) requiring commissioner to serve on board, redesignated existing Subsec. (b) as Subsec. (d) and amended same to add provisions re appointment of chairperson and member resignation, redesignated existing Subsec. (c) as Subsec. (e), redesignated existing Subsec. (d) as Subsec. (f) and amended same to make technical changes and add provision re board to review budget and major policies, added Subsec. (g) re duty of commissioner to inform board, added Subsec. (h) re posting of board notices and redesignated existing Subsec. (e) as Subsec. (i) and amended same to add February 15 deadline for report submission and reporting requirements, effective July 1, 2015; P.A. 16-167 replaced “Department of Veterans' Affairs” with “Department of Veterans Affairs”, replaced “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, replaced references to Veterans' Home with references to Veterans' Residential Services facility, replaced references to home's health care facility with references to Healthcare Center, amended Subsec. (a) by deleting provision re 2 residents of Veteran's Home in Subdiv. (1), designating provision re president as new Subdiv. (2) and redesignating existing Subdiv. (2) re 16 members as Subdiv. (3), amended Subsec. (e) by replacing “veterans' advocacy and assistance unit” with “Office of Advocacy and Assistance”, amended Subsec. (g) by replacing “facilities and fleet management” with “resources management” in Subdiv. (4), adding provision re admissions to and discharges from Healthcare Center in Subdiv. (5), adding provisions re patients of Healthcare Center in Subdiv. (14) and adding Subdiv. (15) re bylaws, meeting minutes and list of officers, and made technical and conforming changes, effective July 1, 2016.

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Sec. 27-102o. Department authorized to receive and expend funds for Women in Military Service for America Memorial. The Department of Veterans Affairs may, subject to any limitations otherwise imposed by law, receive and accept on behalf of the state any funds that may be offered or that may become available from federal grants or appropriations, private gifts, donations or bequests, or any other source and may expend such funds for the purpose of financing, in whole or in part and on behalf of the state, the construction of the Women in Military Service for America Memorial at Arlington National Cemetery in Arlington, Virginia.

(P.A. 97-206, S. 2; P.A. 22-34, S. 18.)

History: P.A. 22-34 made a technical change.

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Sec. 27-102p. Annual report of veterans' benefits. (a) Not later than July 15, 2007, and annually thereafter, each state agency or municipality that provides benefits to veterans, as defined in section 27-103, shall submit a report to the Commissioner of Veterans Affairs that includes a description of each type of benefit provided to veterans, the value of such benefit and the number of veterans to whom such benefit was provided, for the twelve-month period ending on June thirtieth of the same year. The commissioner shall compile the data in such report.

(b) Not later than August 1, 2007, and annually thereafter, the Commissioner of Veterans Affairs shall submit a report of the data compiled pursuant to subsection (a) of this section, for the twelve-month period ending on June thirtieth of the same year, to the Military Department and the joint standing committee of the General Assembly having cognizance of matters relating to public safety, in accordance with the provisions of section 11-4a. Such report shall specify the total number of veterans receiving benefits and the value of such benefits by category of benefit and in total for such period.

(P.A. 06-153, S. 3; P.A. 22-34, S. 19.)

History: P.A. 22-34 made technical changes.

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Sec. 27-102q. Benefits for veterans discharged on basis of sexual orientation. (a) For purposes of this section, “veteran” means any person discharged or released from active service in the armed forces, as defined in section 27-103, regardless of his or her discharge classification.

(b) If the federal government acts to reinstate eligibility for benefits to discharged veterans, regardless of their discharge classification, who have been or otherwise would be denied such benefits solely on the basis of sexual orientation pursuant to any current or former federal policy prohibiting homosexual personnel from serving in the armed forces, the state shall reinstate eligibility for any state benefits such veterans were or otherwise would have been denied due to such federal policy.

(c) To the extent practicable, the Department of Veterans Affairs shall (1) provide information on its Internet web site regarding legal services organizations that assist veterans in military discharge upgrades, including, but not limited to, links to such organizations' Internet web sites, and (2) provide printed resources concerning methods for obtaining military discharge upgrades, which are created by such legal services organizations, to veterans at the department's offices and facilities and disseminate such resources to local veterans' advisory committees, as described in section 27-135.

(P.A. 13-48, S. 1; P.A. 18-72, S. 41.)

History: P.A. 18-72 amended Subsec. (c) to replace “Department of Veterans' Affairs” with “Department of Veterans Affairs”.

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PART Ia

GENERAL PROVISIONS

Sec. 27-103. Definitions. Qualifying Review Board. Discharge based on veteran's sexual orientation, gender identity or gender expression. Application, review, recommendation, reconsideration and appeal. (a) As used in the general statutes, except chapter 504, and except as otherwise provided: (1) “Armed forces” means the United States Army, Navy, Marine Corps, Coast Guard and Air Force and any reserve component thereof, including the Connecticut National Guard performing duty as provided in Title 32 of the United States Code, as amended from time to time; (2) “veteran” means any person honorably discharged from, released under honorable conditions from or released with an other than honorable discharge based on a qualifying condition from, active service in, the armed forces; (3) “service in time of war” means service of ninety or more cumulative days during a period of war unless separated from service earlier because of an injury incurred or aggravated in the line of duty or a service-connected disability rated by the United States Department of Veterans Affairs, except that if the period of war lasted less than ninety days, “service in time of war” means service for the entire period of war unless separated because of any such injury or disability; (4) “period of war” has the same meaning as provided in 38 USC 101, as amended from time to time, except that the “Vietnam Era” means the period beginning on February 28, 1961, and ending on July 1, 1975, in all cases; and “period of war” shall include service while engaged in combat or a combat support role in Lebanon, July 1, 1958, to November 1, 1958, or September 29, 1982, to March 30, 1984; Grenada, October 25, 1983, to December 15, 1983; Operation Earnest Will, involving the escort of Kuwaiti oil tankers flying the United States flag in the Persian Gulf, July 24, 1987, to August 1, 1990; Panama, December 20, 1989, to January 31, 1990; Afghanistan, October 24, 2001, to August 30, 2021; and Iraq, March 19, 2003, to December 31, 2011, or June 1, 2014, to December 9, 2021, and shall include service during such periods with the armed forces of any government associated with the United States; and (5) “qualifying condition” means (A) a diagnosis of post-traumatic stress disorder or traumatic brain injury made by an individual licensed to provide health care services at a United States Department of Veterans Affairs facility, (B) an experience of military sexual trauma, as described in 38 USC 1720D, as amended from time to time, disclosed to an individual licensed to provide health care services at a United States Department of Veterans Affairs facility, or (C) a determination that sexual orientation, gender identity or gender expression was more likely than not the primary reason for an other than honorable discharge, as determined in accordance with subsections (c) and (d) of this section.

(b) As used in this part, “Veterans Residential Services facility” means the Veterans Residential Services facility in Rocky Hill maintained by the Department of Veterans Affairs that provides temporary and other supported residential services for qualifying veterans; “long-term care facility” means a facility that has been federally certified as a skilled nursing facility or intermediate care facility; “Healthcare Center” means the long-term care facility in Rocky Hill maintained by the Department of Veterans Affairs; “veteran” means any veteran, as defined in subsection (a) of this section, who is a resident of this state; “eligible dependent” means any parent, wife or husband, or child of a veteran who has no adequate means of support; and “eligible family member” means any parent, brother or sister, wife or husband, or child or children under eighteen years of age, of any veteran whose cooperation in the program is integral to the treatment of the veteran.

(c) Not later than October 1, 2021, the Commissioner of Veterans Affairs shall establish a Qualifying Review Board, which shall review applications of veterans submitted under subsection (d) of this section. Said board shall be part of the Executive Department and shall consist of five voting members who, by education or experience, shall be knowledgeable of veterans benefits and programs and who shall have a demonstrated interest in the concerns of veterans. A majority of the members of the board shall be veterans.

(1) The membership of the board shall consist of the following members:

(A) One member appointed by the Commissioner of Veterans Affairs in consultation with the chairperson of the Board of Trustees for the Department of Veterans Affairs, who shall be a member of said board;

(B) The manager of the Office of Advocacy and Assistance within the Department of Veterans Affairs, or the manager's designee; and

(2) All initial appointments to the board shall be made not later than December 1, 2021, and shall terminate on November 30, 2023, or November 30, 2024, as applicable, regardless of when the initial appointment was made. Any member of the board may serve more than one term.

(3) Members first appointed shall have the following terms: (A) The member of the Board of Trustees for the Department of Veterans Affairs and the manager of the Office of Advocacy and Assistance within the Department of Veterans Affairs, or the manager's designee, shall initially serve a term of three years, and (B) the three members appointed by the Commissioner of Veterans Affairs shall initially serve a term of two years. Members shall serve a term of four years thereafter. Members shall continue to serve until their successors are appointed.

(4) Any vacancy shall be filled by the Commissioner of Veterans Affairs. Any vacancy occurring other than by expiration of term shall be filled for the balance of the unexpired term.

(5) Notwithstanding the provisions of subsection (a) of section 4-9a, the Commissioner of Veterans Affairs shall select the chairperson of the board from among the members of the board. Such chairperson shall schedule the first meeting of the board, which shall be held not later than January 1, 2022.

(6) A majority of the board shall constitute a quorum for the transaction of any business.

(7) The members of the board shall serve without compensation.

(8) The board shall meet at least monthly or as often as deemed necessary by the chairperson based on the number of applications pending before the board.

(d) (1) Any veteran who receives an other than honorable discharge and who believes such discharge characterization was based on such veteran's sexual orientation, gender identity or gender expression, may file an application for state-based veterans benefits. Such veteran may include evidence supporting his or her claim that such discharge characterization was based on such veteran's sexual orientation, gender identity or gender expression.

(2) The commissioner shall promulgate a standardized application form enumerating the required documentation necessary for filing an application under this subsection and shall make such form available on the Department of Veterans Affairs' Internet web site along with instructions for filing the application.

(3) The commissioner shall promulgate a standardized request for reconsideration form enumerating the required documentation necessary for filing a request for reconsideration pursuant to subdivision (5) of this subsection and shall make such form available on the Department of Veterans Affairs' Internet web site along with instructions for filing the request for reconsideration.

(4) The board shall review each application submitted and render a recommendation to the commissioner as to whether the veteran's sexual orientation, gender identity or gender expression was more likely than not the primary reason for an other than honorable discharge. The board shall review each application not later than thirty days after receipt and render a written recommendation to the commissioner not later than thirty days after such review. The commissioner shall issue a written decision not later than ten days after receipt of the board's recommendation, approving or denying the application. If the commissioner approves the application, such veteran shall be eligible for state-based veterans benefits.

(5) A veteran aggrieved by the commissioner's decision may file a request for reconsideration with the commissioner not later than fifteen days after receipt of the commissioner's decision. Such veteran may include supplemental documentation in support of the request for reconsideration. The commissioner shall provide due consideration to the request for reconsideration and render a decision not later than ten days after receipt of such request for reconsideration. The commissioner's decision shall be a final decision by the Department of Veterans Affairs and may be appealed to the Superior Court in accordance with the provisions of section 4-183.

(1949 Rev., S. 2925; September, 1950, 1953, S. 1635d; 1957, P.A. 163, S. 29; February, 1965, P.A. 157, S. 2; 1969, P.A. 163, S. 1; P.A. 75-483, S. 2, 10; P.A. 77-424, S. 2; P.A. 88-285, S. 2, 35; P.A. 91-2, S. 6, 8; 91-213, S. 6, 8; 91-407, S. 19, 42; P.A. 94-245, S. 13, 46; P.A. 95-300; P.A. 99-272, S. 2; P.A. 00-131, S. 2; P.A. 03-85, S. 1; P.A. 04-169, S. 5; P.A. 06-153, S. 2; P.A. 09-117, S. 1; P.A. 13-139, S. 30; P.A. 16-167, S. 3; P.A. 18-47, S. 1; 18-72, S. 31; P.A. 19-33, S. 1; P.A. 21-40, S. 23; 21-79, S. 1; P.A. 22-34, S. 2; 22-37, S. 9.)

History: 1965 act provided for service in defined Vietnam territory and actions and the Dominican Republic after April 27, 1965; 1969 act deleted foregoing amendment and substituted in essence during the period between January 1, 1964, and such date to be determined as date of termination of Vietnam era; P.A. 75-483 deleted foregoing amendment and substituted “the Vietnam era, January 1, 1964 to July 1, 1975”; P.A. 77-424 added qualification to service in Subdiv. (3) “of ninety or more days unless separated from service earlier because of a service connected disability-rated by the veterans administration”; P.A. 88-285 amended Subsec. (a) to change the date of termination of Korean hostilities from October 27, 1953, to January 31, 1955, and Subsec. (b) to add definitions of “eligible dependent” and “eligible family member”; P.A. 91-2 amended Subsec. (a) by adding service during Operation Desert Shield and Operation Desert Storm to Subdiv. (3); P.A. 91-213 amended Subsec. (a) by changing the beginning of the period of service during Operation Desert Shield and Operation Desert Storm from August 7, 1990, to August 2, 1990; P.A. 91-407 amended Subsec. (a)(3) by adding exception re war or campaign lasting for less than 90 days and added service during peace-keeping mission in Lebanon, invasion of Grenada, Operation Earnest Will and invasion of Panama; P.A. 94-245 amended Subsec. (a) to add a specific termination date for Operation Desert Shield and Operation Desert Storm, effective June 2, 1994; P.A. 95-300 amended Subsec. (a) to change the beginning of the Vietnam era to December 22, 1961 from January 1, 1964; P.A. 99-272 amended Subsec. (a)(3) to add the Lebanon conflict, July 1, 1958, to November 1, 1958; the Berlin Airlift, August 14, 1961, to June 1, 1962; and to change the Vietnam era commencement date from December 22, 1961 to February 28, 1961; P.A. 00-131 amended Subsec. (a) to redefine “service in time of war” by adding dates of active duty service in South Korea demilitarized zone, Somalia and Bosnia; P.A. 03-85 amended Subsec. (a)(3) by redefining “service in time of war” to replace references to specific wars, campaigns or other military operations commencing with the Spanish-American War and ending with Bosnia with reference to a “period of war”, as defined in 38 USC 101, as amended, with exception for the “Vietnam Era” and including service while engaged in combat or a combat support role in Lebanon, Grenada, Operation Earnest Will and Panama, effective June 3, 2003; P.A. 04-169 amended Subsec. (b) to change the name of the Veterans' Home and Hospital to the Veterans' Home, effective June 1, 2004; P.A. 06-153 amended Subsec. (a) to redefine “armed forces” to include reserves, including the Connecticut National Guard, redefine “service in time of war” by deleting references to “campaign or other operation” and replacing “war” with “period of war” and make technical changes, and made a technical change in Subsec. (b); P.A. 09-117 amended Subsec. (a) to redefine “service in time of war” in Subdiv. (3) and “period of war” in Subdiv. (4), effective June 8, 2009; P.A. 13-139 amended Subsec. (b) by substituting “or hospital for persons with mental illness” for “mental hospital or training school for the mentally retarded” and making technical changes; P.A. 16-167 amended Subsec. (b) to replace definition of “home” with definition of “Veterans Residential Services facility”, define “Healthcare Center”, delete reference to service in time of war in definition of “veteran” and make technical changes, effective July 1, 2016; P.A. 18-47 amended Subsec. (a) to replace “Veterans' Administration” with “United States Department of Veterans Affairs” in Subdiv. (3), add “from time to time” in Subdiv. (4), and add Subdiv. (5) re definition of “qualifying condition”; P.A. 18-72 amended Subsec. (a) to add “as amended from time to time” in Subdiv. (1), to replace “Veterans' Administration” with “United States Department of Veterans Affairs” in Subdiv. (3) and add “from time to time” in Subdiv. (4); P.A. 19-33 amended Subsec. (a)(3) to redefine “service in time of war” and amended Subsec. (b) to redefine “veteran”; P.A. 21-40 made a technical change in Subsec. (a)(3); P.A. 21-79 amended Subsec. (a) to redefine “veteran” and “qualifying condition” and make a technical change, amended Subsec. (b) to replace definition of “hospital” with definition of “long-term care facility” and make a conforming change, added Subsec. (c) re Qualifying Review Board and added Subsec. (d) re application for benefits when discharge based on veteran's sexual orientation, gender identity or gender expression; P.A. 22-34 amended Subsec. (a)(4) to add provisions re Afghanistan and Iraq and made technical changes in Subsec. (c); P.A. 22-37 made technical changes in Subsec. (c)(2).

See Secs. 5-180 and 5-196(28) re definition of war service during World War II for purposes of the State Employees Retirement Act and the State Personnel Act.

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(1949 Rev., S. 2926, 2927; 1955, S. 1636d; September, 1957, P.A. 11, S. 13; P.A. 73-643, S. 2; 76-371, S. 4, 5; P.A. 77-614, S. 339, 610; P.A. 79-560, S. 37, 39; P.A. 81-473, S. 34, 43; P.A. 88-285, S. 34, 35.)

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Sec. 27-106. Duties of commissioner re Veterans Residential Services facility and Healthcare Center. Expenditures from institutional general welfare fund. November eleventh exercises. (a) The Commissioner of Veterans Affairs shall adopt and enforce such rules as may be necessary to ensure order, enforce discipline and preserve the health and ensure the comfort of the residents in the Veterans Residential Services facility and patients in the Healthcare Center, and shall discipline or dismiss any officer or resident of said facility or patient in the Healthcare Center who violates such rules. The commissioner shall (1) appoint, subject to the provisions of chapter 67, such officers and employees as are necessary for the administration of the affairs of said facility and the Healthcare Center, (2) prescribe the relative rank, if any, of such officers and employees, and (3) commission each such officer, who shall wear such uniform, if any, as is prescribed by the commissioner.

(b) The chief fiscal officer shall submit a semiannual plain language report to each resident of the Veterans Residential Services facility and patient of the Healthcare Center detailing the manner in which the institutional general welfare fund was used over the previous six months to directly benefit veterans, said facility or the Healthcare Center. Such report shall include a prominently displayed statement encouraging residents to submit suggestions for projects to be funded by the institutional general welfare fund and a form for such submissions.

(c) The chief fiscal officer shall submit an itemized list of expenditures made from the institutional general welfare fund to the commissioner at intervals not greater than two months. Such list shall include all such expenditures made during the two-month period preceding its submission. Notwithstanding the provisions of section 4-56, the commissioner shall prescribe procedures to limit and specify the uses for which expenditures may be made from the institutional general welfare fund so that only expenditures that, in the opinion of the commissioner and the Board of Trustees for the Department of Veterans Affairs appointed pursuant to section 27-102n, directly benefit veterans, the Veterans Residential Services facility or the Healthcare Center are permitted.

(d) In addition to the estimate of expenditure requirements required under section 4-77, the commissioner shall submit an accounting of all planned expenditures for the next fiscal year from the institutional general welfare fund to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies at the time such estimate is submitted.

(e) The Commissioner of Veterans Affairs shall annually hold suitable exercises in the Veterans Residential Services facility on November eleventh recognizing resident veterans for their military service.

(1949 Rev., S. 2928; 1971, P.A. 48; 105, S. 4; P.A. 81-473, S. 35, 43; P.A. 82-314, S. 40, 63; June Sp. Sess. P.A. 83-32, S. 6, 8; P.A. 88-285, S. 4, 35; June Sp. Sess. P.A. 91-12, S. 39, 55; P.A. 04-169, S. 6; P.A. 05-288, S. 123; P.A. 15-149, S. 1; 15-197, S. 3; P.A. 16-167, S. 4; P.A. 22-34, S. 7.)

History: 1971 act added “and hospital” following “home” where appearing, substituted “patient(s)” for “inmate(s)”, substituted reference to chapter 67 for chapter 63; P.A. 81-473 added requirement that an itemized list of expenditures from institutional general welfare fund be submitted to the commission at least every two months and added Subsecs. (b) and (c) requiring that commission adopt regulations limiting expenditures from said fund to those which directly benefit veterans and that commission submit an accounting of planned expenditures from said fund to the general assembly's appropriations committee; P.A. 82-314 changed official name of appropriations committee; June Sp. Sess. 83-32 amended Subsec. (b) to authorize the commission to prescribe procedures rather than adopt regulations to prescribe use of the general welfare fund and added “in the opinion of the commission” and “or the veterans' home and hospital”; P.A. 88-285 replaced commission with commissioner throughout the section, amended Subsec. (a) to require commissioner to appoint a commandant of the home and hospital, subject to governor's approval and to make technical changes and amended Subsec. (b) to include reference to the board of trustees for the home and hospital appointed pursuant to Sec. 27-102m; June Sp. Sess. P.A. 91-12 in Subsec. (a) eliminated the commandant's position and in Subsec. (b) required the chief fiscal officer to submit a list of expenses from the institutional general welfare fund at least every two months; P.A. 04-169 amended Subsecs. (a) and (b) to change the name of the Veterans' Home and Hospital to the Veterans' Home, effective June 1, 2004; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005; P.A. 15-149 added provision, codified by the Revisors as Subsec. (e), re Veterans' Day exercises, effective June 23, 2015; P.A. 15-197 amended Subsec. (a) by replacing references to patients with references to residents, added new Subsec. (b) re semiannual report on use of institutional general welfare fund and redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d), effective July 1, 2015; P.A. 16-167 replaced references to Veterans' Home with references to Veterans Residential Services facility and Healthcare Center, added references to patients, amended Subsec. (a) to replace “disobeys or infringes upon” with “violates” and to add Subdivs. (1) to (3) designators re officers and employees for administration of facility and center, amended Subsec. (e) to replace “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, and made technical changes, effective July 1, 2016; P.A. 22-34 made technical changes in Subsecs. (a) and (c).

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Sec. 27-106a. Facility licensure applications by Commissioner of Veterans Affairs. Exemptions. (a) Notwithstanding any provision of the general statutes or any special act, the Commissioner of Veterans Affairs, on behalf of any facility operated by the commissioner and established by the state for the care of veterans, may apply to the Department of Public Health for: (1) A license for a chronic and convalescent nursing home, as defined in section 19a-521; (2) a license for a rest home with nursing supervision, as defined in section 19a-521; or (3) a license for an assisted living services agency, as defined in section 19a-490.

(b) Notwithstanding any provision of the general statutes or any special act, in the event the commissioner applies for a license under subsection (a) of this section, the Department of Veterans Affairs may retain the chronic disease hospital license for the Healthcare Center.

(c) The Department of Public Health shall process an application for any license submitted under subsection (a) of this section in an expedited manner.

(d) Notwithstanding the provisions of chapter 319y and the regulations of Connecticut state agencies, any Department of Veterans Affairs project undertaken pursuant to a license application as provided in subsection (a) of this section shall not be subject to certificate of need application and approval requirements applicable to nursing home services, including beds, additions and capital expenditures.

(e) Notwithstanding any provision of the general statutes or any special act, any Department of Veterans Affairs project undertaken pursuant to a license application as provided in subsection (a) of this section shall be exempt from the requirements for approval of a request or application provided for in section 19a-638.

(P.A. 04-258, S. 26; P.A. 16-167, S. 5.)

History: P.A. 04-258 effective July 1, 2004 (Revisor's note: References to “Veterans' Home and Hospital” were replaced editorially by the Revisors with “Veterans' Home” to conform section with a change in the facility's name enacted in P.A. 04-169); P.A. 16-167 amended Subsec. (a) to replace “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, amended Subsec. (b) to delete “such home's” and add “for the Healthcare Center” re chronic disease hospital license and amended Subsecs. (b), (d) and (e) to replace “Veterans' Home” with “Department of Veterans Affairs”, effective July 1, 2016.

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Sec. 27-107. State police duty. Regulation of traffic upon grounds of Department of Veterans Affairs. (a) The Commissioner of Emergency Services and Public Protection shall assign one or more state policemen for duty upon the grounds of the Department of Veterans Affairs in Rocky Hill as may be requested by the Commissioner of Veterans Affairs.

(b) The Commissioner of Veterans Affairs, subject to the approval of the Office of the State Traffic Administration, may: (1) Prohibit, limit, restrict or regulate the parking of vehicles; (2) determine speed limits; (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; (5) designate the location of crosswalks on any portion of any road or highway upon the grounds of the Department of Veterans Affairs; and (6) erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrolmen appointed to act as state policemen under the provisions of section 29-18 may arrest or issue a summons for violation of such restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than twenty-five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town of Rocky Hill shall have jurisdiction over violations of this section.

(1949 Rev., S. 2939; P.A. 77-614, S. 486, 610; P.A. 80-49, S. 2; P.A. 88-285, S. 5, 35; P.A. 04-169, S. 7; P.A. 11-51, S. 134; 11-256, S. 7; P.A. 12-132, S. 46; P.A. 16-167, S. 6.)

History: P.A. 77-614 substituted “commissioner of public safety” for “commissioner of state police”, effective January 1, 1979; P.A. 80-49 provided for regulation of parking and speed limits by the commission with the approval of the state traffic commission in new Subsec. (b) and for implementing procedures, prohibitions, restrictions with a fine of not more than $25 for violations within jurisdiction in the court or traffic authority in the town of Rocky Hill; P.A. 88-285 replaced veterans' home and hospital commission with commissioner; P.A. 04-169 amended Subsec. (b) to change the name of the Veterans' Home and Hospital to the Veterans' Home, effective June 1, 2004; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (a), effective July 1, 2011; P.A. 11-256 amended Subsec. (a) to make a technical change and amended Subsec. (b) to add provision re installation of stop signs, insert numeric Subdiv. designators and make technical changes; P.A. 12-132 amended Subsec. (b) by replacing “State Traffic Commission” with “Office of the State Traffic Administration”, effective July 1, 2012; P.A. 16-167 replaced “Veterans' Home” with “Department of Veterans Affairs”, replaced “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs” and made conforming changes, effective July 1, 2016.

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Sec. 27-108. Admission to Veterans Residential Services facility or Healthcare Center. Discharge. Transfer. Payment. (a) Any veteran who meets active military, naval or air service requirements, as described in 38 USC 101, as amended from time to time, may apply for admission to the Veterans Residential Services facility or Healthcare Center; and any such veteran who has no adequate means of support, and who, from disease, wounds or accident, needs medical or surgical care and treatment or who has become mentally ill, may be admitted to any hospital and receive necessary food, clothing, care and treatment therein, at the expense of the state, unless other funds or means of payment are available. Whenever a person is admitted to a hospital, such person shall be asked if he or she is a veteran. Before a hospital submits a bill for services pursuant to this section, such hospital shall take sufficient steps to determine that no other funds or means of payment are available to cover the cost of services rendered to the veteran. The Department of Veterans Affairs shall make available to hospitals a list of payment options and benefits available to cover hospital costs of veterans. As used in this section, “veteran” has the same meaning as provided in section 27-103.

(b) Any member or former member of the armed forces, as defined in subsection (a) of section 27-103, who is a resident of this state and is entitled to retirement pay under 10 USC Chapter 1223, as amended from time to time, may apply for admission to the Veterans Residential Services facility or Healthcare Center.

(c) Any such veteran desiring care or treatment under the provisions of this chapter shall make application under oath to the Commissioner of Veterans Affairs; but, if, by reason of his or her physical condition, he or she is unable to make such application, some other veteran may make such application in his or her behalf. Said commissioner, or his or her designee, shall have sole power to determine whether such veteran is entitled to admission to the Veterans Residential Services facility or to a hospital, including the Healthcare Center, and such veteran, if admitted, may, upon application to the commissioner, receive transportation at the expense of the state from his or her place of residence to said facility or such hospital. No veteran so admitted shall be discharged from said facility except upon the approval of the commissioner or his or her designee. The commissioner shall have sole power to remove from any hospital to another hospital any veteran whose care and treatment is paid for by the state and shall appoint such agents as are necessary to see that veterans admitted to hospitals are receiving necessary food, clothing, care and treatment.

(d) Such veterans who are able to pay in whole or in part for such program or services, as determined by the applicable fee schedule adopted pursuant to subsection (d) of section 27-102l, shall receive a monthly bill for such services rendered.

(e) In the event that a bill of a veteran remains unpaid and past due, the chief fiscal officer, with the approval of the commissioner, shall require the veteran to assign his or her right to receive payment of income, from whatever source, to the commissioner until (1) such account is made current, and (2) the veteran demonstrates to the satisfaction of the commissioner a reasonable likelihood of more prudent financial management for the future. Any veteran shall be provided an opportunity for a hearing when an order of assignment is issued.

(f) Payment of amounts determined by the commissioner as provided by subsection (c) of this section shall be deposited in the institutional general welfare fund of the Department of Veterans Affairs established in accordance with sections 4-56 to 4-58, inclusive, and shall be available for expenditure from said fund for the operation of the department in accordance with procedures prescribed by the commissioner and the Comptroller.

(g) In the event that a veteran dies, still owing money for services rendered, the commissioner, with the aid of the Attorney General's office, may submit a claim against such veteran's estate and any amounts collected shall be deposited in the institutional general welfare fund in accordance with section 4-56.

(1949 Rev., S. 2929; 1963, P.A. 340; P.A. 75-351; P.A. 81-265; 81-473, S. 39, 43; P.A. 82-472, S. 181, 183; June Sp. Sess. P.A. 83-32, S. 7, 8; P.A. 88-1, S. 10, 13; 88-285, S. 6, 35; June Sp. Sess. P.A. 91-12, S. 40, 55; June Sp. Sess. P.A. 98-1, S. 54, 121; P.A. 04-169, S. 8; P.A. 08-87, S. 2; P.A. 10-32, S. 95; P.A. 14-141, S. 2; P.A. 16-167, S. 7; P.A. 18-47, S. 20; 18-72, S. 1; P.A. 21-79, S. 29.)

History: 1963 act added new Subsec. (d) providing for payments to be deposited in the institutional general welfare fund; P.A. 75-351 deleted in Subsec. (a) qualifying word “male” from those entitled to admission; P.A. 81-265 amended Subsec. (a) to extend eligibility for admission to the Veterans' Home and Hospital to those veterans who served 90 days or more between October 28, 1953, and January 31, 1955; P.A. 81-473 rephrased provision re admission for persons having military service during the period between October 28, 1953, and January 31, 1955; P.A. 82-472 made a technical change; June Sp. Sess. P.A. 83-32 amended Subsec. (d) to make funds received as payments from the estates of deceased veterans available for the operation of the veterans' home and hospital in accordance with prescribed procedures, replacing prior provisions re use of such funds; P.A. 88-1 amended Subsec. (d) to provide that expenditure of amounts deposited in fund shall be in accordance with procedures prescribed by the commissioner and the comptroller, rather than procedures prescribed by the commission and the secretary of the office of policy and management; P.A. 88-285 replaced commission with commissioner throughout the section, amended Subsec. (a) to delete reference to “persons who served honorably in the armed forces of the United States for ninety days or more between October 28, 1953, and January 31, 1955, or who served honorably for a shorter time during such period if separated from service by reason of a service-connected disability rated by the Veterans' Administration”, deleted the provisions of Subsec. (c), substituting in lieu thereof requirement that veterans able to pay for program or services receive a monthly bill, inserted new provisions in Subsec. (d), requiring assignment of income in the event a veteran's bill remains unpaid and past due, amended Subsec. (e), formerly Subsec. (d), to delete authority to receive payment from the estates of deceased veterans and to replace reference to office of policy and management with comptroller and added Subsec. (f) re submission of a claim against a veteran's estate if he dies still owing money for services rendered; June Sp. Sess. P.A. 91-12 in Subsec. (a) allowed rather than entitled veterans to be admitted to a hospital and to be transported at the state's expense, in Subsec. (d) transferred from the commandant to the chief fiscal officer the responsibility for collecting unpaid bills and in Subsec. (f) transferred from the commandant to the commissioner the responsibility to submit a claim against a deceased veteran's estate for an unpaid bill; June Sp. Sess. P.A. 98-1 made technical changes in Subsecs. (b) and (c), effective June 24, 1998; P.A. 04-169 amended Subsec. (a) to allow veterans who are honorably discharged from active service in the armed forces to apply for admission to the home or to be admitted to any hospital and receive food, clothing, care and treatment at the expense of the state, unless other funds or means of payment are available, amended Subsec. (b) to make technical changes, and amended Subsec. (e) to change the name of the Veterans' Home and Hospital to the Veterans' Home, effective June 1, 2004; P.A. 08-87 amended Subsec. (a) by adding “and who meets active military, naval or air service requirements, as defined by 38 USC 101”, added new Subsec. (b) re member or former member of armed forces who may apply for admission to the home, and redesignated existing Subsecs. (b) to (f) as new Subsecs. (c) to (g), effective July 1, 2008; P.A. 10-32 made technical changes in Subsec. (a), effective May 10, 2010; P.A. 14-141 amended Subsec. (a) by replacing “as defined in 38 USC 101” with “as described in 38 USC 101”, adding provisions re hospital to ask person admitted whether he or she is a veteran and to take sufficient steps to determine no other funds are available prior to billing for services rendered to a veteran and re Department of Veterans' Affairs to make available to hospitals a list of payment options and benefits available to cover hospital costs of veterans, and making a technical change; P.A. 16-167 amended Subsec. (a) to replace “home” with “Veterans Residential Services facility or Healthcare Center” and replace “Department of Veterans' Affairs” with “Department of Veterans Affairs”, amended Subsec. (c) to replace “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, replace “home” with “Veterans Residential Services facility”, add “including the Healthcare Center” in reference to hospital and make technical and conforming changes and amended Subsec. (f) to replace “Veterans' Home” with “Department of Veterans Affairs” and “department”, effective July 1, 2016; P.A. 18-47 amended Subsec. (a) to delete reference to Sec. 27-103(a), add “as amended from time to time”, and add definition of “veteran”; P.A. 18-72 amended Subsecs. (a) and (b) to add “as amended from time to time,” and amended Subsec. (b) to replace “home” with “Veterans Residential Services facility or Healthcare Center”; P.A. 21-79 amended Subsec. (a) to redefine “veteran”.

Cited. 160 C. 320. Section empowers commission to determine in its discretion whether the veteran or his estate has the means to pay for service furnished hereunder, the amount to be paid and the manner and time of payment. 169 C. 78. Cited. 171 C. 335; 189 C. 726.

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Sec. 27-109. Hospital care. Any hospital, upon request of the Commissioner of Veterans Affairs, shall furnish any veteran, determined by the commissioner to be entitled to admission thereto, necessary food, clothing, care and treatment therein at the expense of the state, unless other funds or means of payment are available, and such veteran shall have preference for admission into such hospital. As used in this section, “veteran” has the same meaning as provided in section 27-103.

(1949 Rev., S. 2930; P.A. 88-285, S. 9, 35; P.A. 04-169, S. 9; P.A. 18-47, S. 21; P.A. 21-79, S. 30; P.A. 22-34, S. 8.)

History: P.A. 88-285 replaced commission with commissioner; P.A. 04-169 inserted “unless other funds or means of payment are available,”, effective June 1, 2004; P.A. 18-47 added definition of “veteran”; P.A. 21-79 redefined “veteran”; P.A. 22-34 made a technical change.

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Sec. 27-109a. Veterans' health registry. Disclosure of registry information. (a) The Department of Veterans Affairs may establish and maintain, within available resources, a registry of data on members of the armed forces, as defined in section 27-103, who have completed a period of active service. The department may develop surveys for members or their health care providers to voluntarily provide data during or after such active service. The surveys and data shall be collected and maintained in accordance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time, or regulations adopted thereunder. The department may also create and release for radio and television broadcast noncommercial sustaining announcements to encourage veterans in the state to participate in such surveys, provide such data and otherwise enroll in such registry. For purposes of this section, “noncommercial sustaining announcement” means an announcement that airs during unsold commercial time donated by a broadcaster to a broadcasters' association and that is then made available to a state or federal government agency or nonprofit organization at a reduced rate for the promotion of specific public service programs or campaigns.

(b) The surveys and data shall be related to members' illnesses and potential correlations to environmental hazards, including, but not limited to, vaccinations, infections, chemicals, pesticides, microwaves, depleted uranium, pyridostigmine bromide, and chemical and biological warfare agents. Within available resources, the department may use the data in the registry to (1) study the potential short-term and long-term effects of such hazards on such members, and (2) inform, customize and coordinate the provision of health care services to such members.

(c) No individually identifiable health information may be released by the department without the consent of the member to whom the information pertains in accordance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time, or regulations adopted thereunder.

(d) The surveys and data in the registry shall be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, except that no individually identifiable health information may be disclosed.

(June Sp. Sess. P.A. 07-2, S. 46; P.A. 16-192, S. 3.)

History: June Sp. Sess. P.A. 07-2 effective July 1, 2008; P.A. 16-192 amended Subsec. (a) to add provision re creation and broadcast of noncommercial sustaining announcements and to define “noncommercial sustaining announcement”.

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Sec. 27-110. Commitment of mentally ill veterans. Transfer to federal agency. (a) When it appears that any veteran is eligible for treatment in a United States Department of Veterans Affairs facility, and commitment is necessary for the care and treatment of such veteran, the Probate Court for the district in which the veteran is found may, upon receipt of a certificate of eligibility from the United States Department of Veterans Affairs, and if the veteran is adjudged mentally ill in accordance with law, direct such veteran's commitment to the department for hospitalization in a department facility. Thereafter such veteran, upon admission to any such facility, shall be subject to the rules and regulations of the department and the chief officer of such facility shall be vested with the same powers as are exercised by superintendents of state hospitals for mental illness within this state with reference to the retention, transfer or parole of the veteran so committed. Notice of such pending commitment proceedings shall be furnished the person to be committed and his or her right to appear and defend shall not be denied. Any court of probate may order the discharge of such veteran, upon application and satisfactory proof that such veteran has been restored to reason. The commitment of a veteran to the United States Department of Veterans Affairs or other agency of the United States government by a court of another state or of the District of Columbia, under a similar provision of law, shall have the same force and effect as if such commitment were made by a court of this state.

(b) Upon receipt of a certificate of the United States Department of Veterans Affairs or any other agency of the United States that facilities are available for the care or treatment of any veteran committed to any hospital for mental illness or other institution for the care or treatment of persons similarly afflicted and that such veteran is eligible for care or treatment, the superintendent of such hospital or institution may cause the transfer of such person to the United States Department of Veterans Affairs or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be notified of such transfer by the transferring agency. No person shall be transferred to the United States Department of Veterans Affairs or other agency of the United States if he or she is confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of such a charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person enters an order for such transfer after appropriate motion and hearing. Any person transferred as provided in this section shall be deemed to be committed to the United States Department of Veterans Affairs or other agency of the United States pursuant to the original commitment.

(1949 Rev., S. 2931; 1949, 1951, S. 1637d; P.A. 04-169, S. 10; P.A. 18-72, S. 32.)

History: P.A. 04-169 made technical changes, effective June 1, 2004; P.A. 18-72 replaced references to Veterans' Administration with references to United States Department of Veterans Affairs, and further amended Subsec. (a) to make a technical change.

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Secs. 27-111 to 27-115. Fees for commitment. Care elsewhere than in Veterans' Home and Hospital. Treatment of dipsomaniacs. Commission to investigate complaints. Support of dependents. Sections 27-111 to 27-115, inclusive, are repealed.

(1949 Rev., S. 2932–2936; 1949, S. 1638d; 1951, S. 1640d; June, 1955, S. 1639d; 1963, P.A. 622; 1967, P.A. 843, S. 1; P.A. 74-321, S. 17; P.A. 86-394, S. 1, 3; P.A. 88-285, S. 10, 11, 34, 35; P.A. 90-230, S. 37, 101; June Sp. Sess. P.A. 91-9, S. 9, 10; June Sp. Sess. P.A. 91-12, S. 54, 55; June Sp. Sess. P.A. 91-14, S. 28, 30.)

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Sec. 27-115a. Appropriation. Obsolete.

(1967, P.A. 843, S. 2.)

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Sec. 27-115b. Eligible family members to participate in programs administered by department. Eligible family members may participate in a program or service administered by the Department of Veterans Affairs, in accordance with the regulations and procedures adopted for the operation, administration and management of such program or service.

(P.A. 88-285, S. 7, 35; P.A. 18-72, S. 42.)

History: P.A. 18-72 replaced “Department of Veterans' Affairs” with “Department of Veterans Affairs”.

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Sec. 27-116. Weekly allowances to widows of veterans of Civil War or Spanish-American War. Section 27-116 is repealed, effective October 1, 2002.

(1949 Rev., S. 2937; 1971, P.A. 105, S. 3; P.A. 88-285, S. 12, 35; S.A. 02-12, S. 1.)

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Sec. 27-117. Disclosure of property of applicant. Any person who has in his or her possession or control any property of any person applying for or receiving aid from the Soldiers, Sailors and Marines Fund or the Department of Veterans Affairs, or who is indebted to such applicant or recipient or has knowledge of any property belonging to him or her, and any officer who has control of the books and accounts of any corporation which has possession or control of any property belonging to any person applying for or receiving such aid or is indebted to him or her, shall, upon presentation by the disbursing officer thereof or any person deputized by him or her of a certificate signed by him or her, stating that such applicant or recipient has applied for or is receiving aid from said fund or the department, make full disclosure to such disbursing officer or deputy of any such property or indebtedness. Such disclosure may be obtained in like manner of the property or indebtedness of any person liable for the support of any such applicant or recipient.

(1949 Rev., S. 2938; P.A. 88-285, S. 13, 35; P.A. 04-169, S. 11; P.A. 22-34, S. 14.)

History: P.A. 88-285 replaced veterans' home and hospital commission with department; P.A. 04-169 made technical changes, effective June 1, 2004; (Revisor's note: In 2005 the Revisors editorially deleted the apostrophe from “Marines” in name of fund); P.A. 22-34 made a technical change.

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Sec. 27-118. Funeral expenses. (a) When any veteran or member, as those terms are defined in subsection (g) of this section, dies, not having sufficient estate to pay the necessary expenses of the veteran's or member's last sickness and funeral expenses, as determined by the Commissioner of Veterans Affairs after consultation with the probate court for the district in which the veteran or member resided, the state shall pay the sum of one thousand eight hundred dollars toward such funeral expenses.

(b) Burial shall be in a cemetery or plot not used exclusively for the burial of the pauper dead.

(c) No amount shall be paid for funeral expenses unless claim therefor is made not later than one year after the date of death, except that in cases of death occurring abroad such claim may be made within one year after the remains of the veteran or member have been interred in this country. No provision of this section shall prevent the payment of the sum under subsection (a) of this section for funeral expenses on account of the burial of the veteran or member being made outside the limits of this state.

(d) Upon satisfactory proof to the commissioner, by the person who has paid or provided for the funeral expenses of a deceased veteran, of the identity of the veteran, the time and place of the veteran's death and burial and the approval thereof by the commissioner, the sum under subsection (a) of this section shall be paid by the Comptroller to such person who has paid or provided for the funeral expenses.

(e) (1) Upon satisfactory proof to the commissioner, by the person who has paid or provided for the funeral expenses of a deceased member, of the identity of the member, the time and place of the member's death and burial and the approval thereof by the commissioner, the sum under subsection (a) of this section shall be paid by the Comptroller to the person who has paid or provided for the funeral expenses.

(2) The person who has paid or provided for the funeral expenses of a deceased member shall provide to the commissioner (A) an affidavit stating (i) when the member served, (ii) where the member served, (iii) the unit in which the member served, and (iv) the capacity in which the member served; (B) any available corroborating witness affidavits; (C) any available official documentation of service; and (D) any other documents supporting the affidavit.

(f) Whenever the Comptroller has lawfully paid any sum toward the funeral expenses of any deceased veteran or member and it afterwards appears that the veteran or member left any estate, the Comptroller may present a claim on behalf of the state against the estate of such veteran or member for the sum so paid, and the claim shall be a preferred claim against such estate and shall be paid to the Treasurer. The commissioner, upon the advice of the Attorney General, may make application for administration upon the estate of any such veteran or member if no other person authorized by law makes such application within sixty days after such payment has been made by the Comptroller.

(g) As used in this section, (1) “veteran” has the same meaning as provided in section 27-103, (2) “member” means any person who served in the Hmong Laotian special guerilla units, which units served in the United States secret war in the Kingdom of Laos during the Vietnam War, and (3) “funeral expenses” means (A) the cash advances paid by the funeral director and the cost of funeral services and funeral merchandise, (B) the cost of burial, cremation or disposition, and (C) the cost of publication of an obituary. “Funeral merchandise” includes, but is not limited to, alternative containers, caskets, urns, vaults and outer burial containers.

(1949 Rev., S. 2940; September, 1950, 1951, 1953, S. 1641d; 1957, P.A. 163, S. 31; 1961, P.A. 309; 1963, P.A. 610; 1967, P.A. 664; P.A. 88-285, S. 14, 35; June Sp. Sess. P.A. 07-2, S. 45; P.A. 10-32, S. 96; P.A. 18-47, S. 22; P.A. 21-51, S. 3; 21-79, S. 31; 21-112, S. 1; P.A. 22-34, S. 3.)

History: 1961 act changed provision that municipality pay burial expense to requirement that an allowance of $150 be paid toward funeral expenses by municipality, reimbursable by the state; 1963 act deleted provisions for municipality to pay allowance toward expenses, added provision for determination by the commission in consultation with probate court that estate is insufficient to defray expenses and provided for payment of the allowance to the person who paid the funeral expenses; 1967 act amended latter provision to include whoever provided for the funeral and for payment to funeral director where assignment made to him; P.A. 88-285 replaced veterans' home and hospital commission with commissioner; June Sp. Sess. P.A. 07-2 increased burial expense from $150 to $1,800 and made technical changes, effective July 1, 2007; P.A. 10-32 made a technical change, effective May 10, 2010; P.A. 18-47 added definition of “veteran”; P.A. 21-51 designated existing provision re payment of necessary expenses of last sickness and burial as Subsec. (a), designated existing provision re satisfactory proof as Subsec. (b), added Subsec. (c), codified by the Revisors as Subsec. (e), re funeral or burial expense for deceased member who served in Hmong Laotian special guerilla units, designated existing provision re presentment of claim on behalf of the state as Subsec. (d), codified by the Revisors as Subsec. (f), designated definitions as Subsec. (e), codified by the Revisors as Subsec. (g), and amended same to add definition of “member”, and made technical and conforming changes; P.A. 21-79 redefined “veteran”; P.A. 21-112 designated existing provision re payment of necessary expenses of last sickness and burial as Subsec. (a) and amended same to replace “burial” with “funeral expenses”, designated existing provision re prohibition in cemetery or plot for pauper dead as Subsec. (b) and amended same to delete reference to same payment amount of cremation, designated existing provision re allowable claim period burial outside the limits of the state as Subsec. (c), designated existing provision re payment by Comptroller as Subsec. (d), designated existing provision re presentment of claim on behalf of the state as Subsec. (e), codified by the Revisors as Subsec. (f), designated definitions as Subsec. (f), codified by the Revisors as Subsec. (g) and amended same to add definitions of “funeral expenses” and “funeral merchandise”, and made technical and conforming changes; P.A. 22-34 amended Subsec. (c) to replace “within one year from” with “not later than one year after”, amended Subsec. (e)(1) to replace “of one thousand eight hundred dollars” with “under subsection (a) of this section” and made technical changes throughout.

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Sec. 27-119. Veterans' headstones, services to be provided by state. When the grave of any person who, in time of war, served in the military or naval forces of the English colonies in America, prior to 1776, or the grave of any veteran, which is located in this state, is unmarked by a suitable headstone, or is marked by a bronze marker erected by this state, the Commissioner of Veterans Affairs shall, upon application made not later than two years after the death of such veteran or two years from the interment of the remains of such veteran from abroad, provide payment for the costs of erecting headstones provided by the federal government and shall furnish transportation costs, where none are provided, for said headstones from the nearest destination point to which the federal government will deliver such headstones, to the gravesite, provided such payment is requested not later than one year from the date of the approval of such application. The expense of transportation and the erection or installation of such headstone to an amount not exceeding an amount prescribed by the commissioner, shall be paid by the Comptroller.

(1949 Rev., S. 2941; 1969, P.A. 170, S. 1; P.A. 73-501; P.A. 88-285, S. 15, 35; P.A. 97-150; June Sp. Sess. P.A. 98-1, S. 55, 121; P.A. 16-167, S. 35.)

History: 1969 act increased ceiling on cost of headstone from $50 to $75; P.A. 73-501 deleted provisions pertaining to furnishing headstones and provided for payment of cost of erecting and transporting headstones provided by the federal government; P.A. 88-285 replaced veterans' home and hospital commission with commissioner; P.A. 97-150 limited requirement of commissioner to pay cost of erecting headstones to cases where application for payment occurs no later than two years from date of death or interment of remains from abroad and authorized payment for certain expenses of headstones to an amount not exceeding amount prescribed by commissioner; June Sp. Sess. P.A. 98-1 added specific reference to Commissioner of Veterans' Affairs, effective June 24, 1998; P.A. 16-167 replaced “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, effective July 1, 2016.

Contract for headstones made under former statute held discharged by second contract. 124 C. 304.

1937 change in statute discussed. 5 CS 495.

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Sec. 27-119a. Markers for graves of colonial and Revolutionary War veterans. The Commissioner of Veterans Affairs shall, upon application made by the chief executive authority of the town, city or borough wherein the deceased is buried, cause a metal marker and flag holder to be placed on the grave of any person who, in time of war, served in the military or naval forces of the English colonies in America, prior to 1776, or who served in the military or naval forces of the United States in the Revolutionary War, which grave is not so marked.

(February, 1965, P.A. 588, S. 1; P.A. 88-285, S. 16, 35; P.A. 22-34, S. 9.)

History: P.A. 88-285 replaced veterans' home and hospital commission with commissioner; P.A. 22-34 made a technical change.

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Sec. 27-120. Memorials for veterans buried abroad or missing. If any person who, in time of war, served in the military or naval forces of the English colonies in America, prior to 1776, or of the state of Connecticut or in the armed forces of the United States, and was credited to said colonies, state or the United States, died during such service of disease or wounds, or was killed in action, died in prison or was lost at sea, and whose body was never brought home for interment, or who was reported missing in action and has not been heard from, the Commissioner of Veterans Affairs shall, upon proper application, with satisfactory proof, made by the chief executive authority of the municipality of which the deceased was a resident, as to his identity and honorable service, cause to be erected in any cemetery or public place in such municipality, at a cost to the state of not more than fifty dollars, a marker or soldier's headstone, having inscribed thereon the name of such person, the organization to which he belonged, and the place of his death or burial or when he was reported as missing in action or lost at sea.

(1949 Rev., S. 2942; 1957, P.A. 163, S. 32; P.A. 88-285, S. 17, 35; P.A. 22-34, S. 10.)

History: P.A. 88-285 replaced veterans' home and hospital commission with commissioner; P.A. 22-34 made a technical change.

Cited. 124 C. 306.

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Sec. 27-121. Municipal memorials for deceased and missing veterans. If the chief executive authority of any municipality which had as residents several veterans who were killed or lost as described in section 27-120, and to whose memory markers or headstones have not already been erected, prefers a memorial stone or plaque with the names of all such veterans inscribed thereon, erected in a public place or cemetery in such municipality, the Commissioner of Veterans Affairs shall cause such a suitable memorial to be erected in such municipality, which memorial shall be of such design and material and of such cost as the commissioner determines. If any municipality, organization or person contributes toward the erection of such memorial, the location of the same shall be determined by the commissioner and a committee of two persons appointed by the municipality, organization or individuals making such contribution. Any such memorial may include the names of any veterans who died or were killed in action as described in section 27-120 and whose bodies have been brought home for interment whenever the municipality wherein such memorial is to be erected, or any organization or person, agrees with the commissioner to share proportionately the cost of erecting such memorial.

(1949 Rev., S. 2943; 1953, 1955, S. 1642d; P.A. 88-285, S. 18, 35; P.A. 22-34, S. 11.)

History: P.A. 88-285 replaced veterans' home and hospital commission with commissioner; P.A. 22-34 made technical changes.

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Sec. 27-122. Plot in Evergreen Cemetery in New Haven. Section 27-122 is repealed.

(1949 Rev., S. 2944; 1963, P.A. 402.)

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Sec. 27-122a. Establishment of veterans' cemetery. (a) The Commissioner of Mental Health and Addiction Services shall transfer to the Veterans' Home and Hospital Commission two certain pieces or parcels of land known as Plot # 6, containing thirty acres, more or less, situated on the north side of River Road in the town of Middletown, county of Middlesex, and state of Connecticut, and being bounded and described as follows: As to the first piece or parcel; Commencing at a point in the northerly side of River Road being the southeast corner of the land herein described, thence running N 31 degrees E a distance of 286 feet, more or less, to the right-of-way of the Penn Central Railroad (Valley Line), thence running westerly along said right-of-way a distance of 2720 feet, more or less, thence running southerly 80 feet, more or less, to River Road, thence running southeasterly along the northern boundary of River Road a distance of 530 feet, more or less, to a brook, thence running N 80 degrees E along the north side of River Road to a bend in said road a distance of 380 feet, more or less, thence S 82 degrees E a distance of 1160 feet, more or less along the northern side of River Road to the point and place of beginning. As to the second piece or parcel of land being a small piece or parcel located on the northerly side of the Penn Central Railroad (Valley Line) right-of-way, bounded on the northerly and westerly side by the Connecticut River and on the southerly side by said railroad right-of-way and on the easterly side by property of the Feldspar Corporation. Said two pieces or parcels of land contain a total area of thirty acres, more or less, and are shown on a map or plan titled, “The Connecticut State Hospital Middletown, Conn. Scale 1″ = 200′ 1922”.

(b) The Commissioner of Mental Health and Addiction Services shall transfer to the Veterans' Home certain land in the city of Middletown, under the supervision and control of said commissioner, in exchange for the transfer by the Veterans' Home and Hospital Commission to the Commissioner of Mental Health and Addiction Services of certain land comprised of pieces and parcels of the land described in subsection (a) of equal acreage, the exact boundaries of the lands to be exchanged to be decided by the Commissioner of Administrative Services, with the advice and assistance of all parties within the six-month period following June 14, 1979.

(c) The land transferred to the commission under subsections (a) and (b) of this section and not transferred to the Commissioner of Mental Health and Addiction Services and the Connecticut Valley Hospital shall be used by the Commissioner of Veterans Affairs for the establishment and maintenance of a veterans' cemetery.

(1971, P.A. 352, S. 1; P.A. 79-478, S. 1, 2; P.A. 88-285, S. 19, 35; P.A. 95-257, S. 11, 58; P.A. 04-169, S. 12; P.A. 05-288, S. 124; P.A. 22-34, S. 20.)

History: P.A. 79-478 provided, in new Subsec. (b), for an exchange of land between the commissioner of mental health and the veterans' home and hospital commission; P.A. 88-285 amended Subsec. (c) to replace commission with commissioner of veterans' affairs; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 04-169 amended Subsec. (b) to change the name of the Veterans' Home and Hospital to the Veterans' Home, effective June 1, 2004; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005; P.A. 22-34 made a technical change in Subsec. (c).

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Sec. 27-122b. Eligibility for burial in veterans' cemetery. Consecrated area designation. (a) As used in this section, “veteran” means any person who is a veteran, as defined in section 27-103, who (1) has completed at least twenty years of qualifying service, as described in and computed under 10 USC Chapter 1223, as amended from time to time, in the Connecticut National Guard; or (2) was killed in action, or who died as a result of accident or illness sustained while performing active service, in the United States Army, Navy, Marine Corps, Air Force or Coast Guard or any women's auxiliary branch thereof, organized pursuant to an Act of Congress, or in the Connecticut National Guard.

(b) (1) Any veteran may, by letter or other communication addressed to the Commissioner of Veterans Affairs, or by will, request that upon his or her death his or her body be buried in a veterans' cemetery established pursuant to section 27-122a, or (2) the spouse or other next of kin may apply to the commissioner to have the body of such veteran buried in said veterans' cemetery, and in either case such request shall be granted.

(c) (1) Any member or former member of the armed forces, as defined in subsection (a) of section 27-103, who is a resident of this state and is entitled to retirement pay under 10 USC Chapter 1223, as amended from time to time, or would have been entitled to retirement pay under said chapter, but for the fact that the person is under sixty years of age, may by letter or other communication addressed to the commissioner, or by will, request that his or her body will be buried in said veterans' cemetery, or (2) the spouse or other next of kin may apply to the commissioner to have the body of such member or former member buried in said veterans' cemetery, and, in either case, such request shall be granted.

(d) (1) (A) Any person who served in the Hmong Laotian special guerilla units, which units served in the United States secret war in the Kingdom of Laos during the Vietnam War, may, by letter or other communication addressed to the commissioner, or by will, request that upon his or her death his or her body be buried in a veterans' cemetery established pursuant to section 27-122a, or (B) the spouse or other next of kin may apply to the commissioner to have the body of such person buried in said veterans' cemetery, and in either case such request shall be granted.

(2) Such person who served in the Hmong Laotian special guerilla units, or the spouse or next of kin of such person, shall provide to the commissioner (A) an affidavit stating (i) when the person served, (ii) where the person served, (iii) the unit in which the person served, and (iv) the capacity in which the person served; (B) any available corroborating witness affidavits; (C) any available official documentation of service; and (D) any other documents supporting the affidavit.

(e) The spouse of any veteran, or the spouse of any person who served in the Hmong Laotian special guerilla units described in subsection (d) of this section, shall, upon similar request or application made to the commissioner, be buried in said veterans' cemetery provided only one such request or application shall be granted.

(f) The commissioner shall designate an area in said veterans' cemetery for veterans and any persons who served in the Hmong Laotian special guerilla units described in subsection (d) of this section who, for religious reasons, require burial in a consecrated area.

(1971, P.A. 352, S. 2; P.A. 75-483, S. 5, 10; P.A. 81-65; P.A. 88-74; 88-285, S. 20, 33, 35; P.A. 04-169, S. 13; P.A. 07-13, S. 1; P.A. 08-87, S. 3; P.A. 17-83, S. 3; P.A. 21-51, S. 4; 21-79, S. 32; P.A. 22-34, S. 12.)

History: P.A. 75-483 substituted “as defined in subsection (a) of section 27-103” for language defining the service period for the Vietnam era; P.A. 81-65 added Subsec. (d) requiring the commission to designate a consecrated area within the veterans' cemetery; P.A. 81-65 effective at such time as the veterans' home and hospital commission declares that the establishment of said veterans' cemetery has been effected; P.A. 88-74 amended Subsec. (a)(3) to include service during invasion of Grenada and Lebanon in definition of “service in time of war”, and amended Subsec. (c) to permit one spouse of a veteran to be buried in the cemetery, regardless of order of death; P.A. 88-285 amended Subsecs. (b) to (d), inclusive, to replace commission with commissioner and changed effective date of P.A. 88-74 from October 1, 1988, to July 1, 1988; P.A. 04-169 amended Subsec. (a) to eliminate from the definition of “veteran” reference to service in time of war and references to domiciled in this state and to delete the definition of “service in time of war”, and made technical changes in Subsec. (b), effective June 1, 2004; P.A. 07-13 amended Subsec. (a) to delete definition of “armed forces” and redefine “veteran” and added “established pursuant to section 27-122a” and made a technical change in Subsec. (b), effective July 1, 2007; P.A. 08-87 added new Subsec. (c) re member or former member of armed forces who may be buried in veterans' cemetery and redesignated existing Subsecs. (c) and (d) as new Subsecs. (d) and (e), effective July 1, 2008; P.A. 17-83 amended Subsec. (a)(2) to replace “service” with “qualifying service, as described in and computed under 10 USC Chapter 1223, as amended from time to time,”, amended Subsec. (c)(1) to add “as amended from time to time,” re 10 USC Chapter 1223, and amended Subsec. (c)(2) to replace “veteran” with “member or former member”, effective January 1, 2018; P.A. 21-51 added new Subsec. (d) re person who served in Hmong Laotian special guerilla units, redesignated existing Subsec. (d) as Subsec. (e) and amended same to add reference to spouse of person who served in Hmong Laotian special guerilla units, and redesignated existing Subsec. (e) as Subsec. (f) and amended same to add reference to persons who served in Hmong Laotian special guerilla units; P.A. 21-79 amended Subsec. (a) to redefine “veteran”; P.A. 22-34 made a technical change in Subsec. (b)(1).

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Sec. 27-123. Graves of soldiers and sailors. In each city and town there shall be appointed annually, by the chief executive authority of the city or town, a committee of three citizens of the city or town, who are veterans and whose duty it shall be to see that the grave of any person who served in time of war in the military or naval forces of the English colonies in America, prior to 1776, or of the state of Connecticut or in the armed forces of the United States, shall be suitably kept and cared for. If the cost of such care and maintenance is not paid by private persons or by the trustees of the cemetery where any such grave is situated, it shall be paid by the city or town; and cities and towns are authorized to appropriate money for such purpose. Money so appropriated may be expended directly by the city or town or may be paid to the trustees or manager of the cemetery in which any such grave is located; but the sum paid in any year shall not exceed for any such grave the sum usually charged for the annual care and maintenance of a grave in the same cemetery or, if no such charge is made in that cemetery, it shall not exceed the sum charged in other cemeteries in the same city or town for such service, provided, when any such grave has settled appreciably, such sum may be exceeded.

(1949 Rev., S. 653; 1957, P.A. 163, S. 12; 350, S. 1.)

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Sec. 27-124. Celebrations and memorials. Any town, at a town meeting warned and held for such purpose, and any city or borough, by its aldermen, common council or burgesses, may appropriate money for public celebrations in honor of members of the armed forces and veterans, and for the erection of a suitable memorial structure in honor of those members and veterans who were residents of such municipality at the time of their enlistment or induction into the armed forces for service in war; and may appoint committees to select and secure an appropriate site for such memorial, to supervise and direct its design and construction and expend the money appropriated therefor. No part of any such appropriation shall be expended for the site for such memorial and no appropriation for any memorial shall exceed an amount equal to fifteen cents on each one hundred dollars of the grand list of any town, city or borough making an appropriation for such purpose.

(1949 Rev., S. 652; 1957, P.A. 163, S. 11.)

See Sec. 27-121 re municipal memorials for deceased and missing veterans.

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Sec. 27-124a. Veterans and Military Tourism Trail. The Commissioner of Veterans Affairs, or the commissioner's designee, may (1) establish, in consultation with the Department of Economic and Community Development, a Veterans and Military Tourism Trail linking museums, memorials, battleground sites and other historic sites in the state relating to veterans and the United States armed forces, and (2) publicize the existence of the Veterans and Military Tourism Trail and shall publish a brochure that indicates the location and history of each site, provided said commissioner shall solicit private donations to cover the entire cost of such publicizing and publishing.

(P.A. 21-105, S. 1.)

History: P.A. 21-105 effective July 1, 2021.

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Sec. 27-125. Temporary assistance. Any veteran who is a citizen of this state and who, through disability or other causes incident to service in the armed forces in time of war, is in need of temporary financial assistance may be provided for by the Commissioner of Veterans Affairs by a method similar to that provided in section 27-82, the amount and continuance of such assistance to be discretionary with the commissioner. The widow, widower and each child, parent, brother or sister of any member of the armed forces, who died while in such active service, may be assisted by the commissioner if such person or persons are without sufficient means of support by reason of the death of such member of the armed forces. In carrying out his or her duties under the provisions of this section, the commissioner is directed to cooperate with such federal agencies as may aid in securing prompt and suitable treatment, care and relief of any such member of the armed forces or his or her dependents. The records of the agencies of the state shall be placed at the disposal of the commissioner and such agencies are directed to cooperate with and to assist the commissioner in carrying out his or her duties. As used in this section, “veteran” has the same meaning as provided in section 27-103.

(1949 Rev., S. 2945; 1957, P.A. 163, S. 33; P.A. 74-321, S. 18; P.A. 88-285, S. 21, 35; P.A. 15-246, S. 1; P.A. 18-47, S. 23; P.A. 21-79, S. 33; P.A. 22-34, S. 13.)

History: P.A. 74-321 added “widower” to those who may be assisted; P.A. 88-285 replaced veterans' home and hospital commission with commissioner; P.A. 15-246 made technical changes; P.A. 18-47 added definition of “veteran”; P.A. 21-79 redefined “veteran”; P.A. 22-34 made a technical change.

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Sec. 27-126. Aid restricted. No person shall receive aid under the provisions of this part who is receiving aid under the provisions of part II of this chapter, and no person receiving aid under the provisions of section 27-125 shall receive aid under any other provision of this chapter.

(1949 Rev., S. 2946, 2960.)

Cited. 111 C. 295.

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Sec. 27-127. Veterans' Relief Fund. Section 27-127 is repealed.

(1949 Rev., S. 2947; 1972, P.A. 294, S. 25.)

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Sec. 27-128. Transfer of moneys between Soldiers, Sailors and Marines Fund and appropriations to Department of Veterans Affairs. The Governor may transfer, from time to time, as may be found expedient, moneys existing in the Soldiers, Sailors and Marines Fund and moneys appropriated to the Department of Veterans Affairs from one of said funds to the other of said funds.

(1949 Rev., S. 2947; 1972, P.A. 294, S. 26; P.A. 88-285, S. 22, 35; P.A. 04-169, S. 14; P.A. 16-167, S. 8.)

History: 1972 act deleted the veterans' relief fund; P.A. 88-285 deleted reference to “commission”; P.A. 04-169 made a technical change and changed the name of the Veterans' Home and Hospital to the Veterans' Home, effective June 1, 2004; (Revisor's note: In 2005 the Revisors editorially deleted the apostrophe from “Marines” in name of fund); P.A. 16-167 replaced “funds” with “moneys” in reference to Soldiers, Sailors and Marines Fund and replaced “funds of the Veterans' Home” with “moneys appropriated to the Department of Veterans Affairs”, effective July 1, 2016.

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Sec. 27-129. Conservator for incompetent veteran. When an application is filed for the appointment of a conservator for an incompetent veteran, a certificate of the United States Secretary of Veterans Affairs or the Secretary's authorized representative that such person has been rated incompetent by the United States Department of Veterans Affairs on examination in accordance with the laws and regulations governing the department and that appointment of a conservator is a condition precedent to the payment of any moneys due such veteran by the department shall be prima facie evidence of the necessity for such appointment.

(1953, S. 1645d; P.A. 18-72, S. 33.)

History: P.A. 18-72 replaced reference to Administrator of Veterans' Affairs with reference to United States Secretary of Veterans Affairs, and replaced references to Veterans' Administration with references to United States Department of Veterans Affairs.

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Sec. 27-130. Acquisition of property by veterans' organizations. The American Legion, The Veterans of Foreign Wars of the United States, The Disabled American Veterans of the World War, Italian American War Veterans of the United States, Incorporated, The Jewish War Veterans of the United States, The Catholic War Veterans, The Polish Legion of American Veterans, The Marine Corps League, the AMVETS and The American Veterans Committee and their respective local posts may receive or hold in trust gifts, testamentary or otherwise, and may purchase or receive gifts of such real estate as may be necessary or advantageous for the conduct of their business.

(1949 Rev., S. 2948; 1949, 1953, S. 1643d; 1961, P.A. 261, S. 1.)

History: 1961 act corrected name of Italian American organization.

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Sec. 27-131. Preservation of Spanish War records. (a) The Commissioner of Administrative Services is authorized to maintain a headquarters of the Department of Connecticut United Spanish War Veterans, under the management and control of its state commander, and to collect, classify, index and install in said headquarters all available material, records, histories, relics and mementoes relating to Connecticut participation, public or private, in the war with Spain and thus establish a permanent record of its extent and character, such record to be as complete and comprehensive as possible and to cover not only the activities of the state, its subdivisions and agencies, but also of Connecticut agencies of the federal government, of organizations of private persons and of those individuals who were direct participants in said war, whether as soldiers or sailors or otherwise. Said record shall, at all times, be accessible under such rules as said department prescribes. Said department may also use said headquarters for furnishing information and aid to needy veterans of the war with Spain and their dependents. If, at any time, said department is dissolved or ceases to exist or becomes inactive, said records shall become the property of the state of Connecticut and shall be transferred to the department of war records of the State Library. The state commander of said department shall report biennially to the General Assembly upon all such matters concerning said organization as he deems of interest to the citizens of the state.

(b) Said commissioner shall provide and maintain in a building owned by the state a suitable room or rooms for the use of said department, together with suitable equipment and supplies therefor.

(1949 Rev., S. 2949; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 97, 110; P.A. 11-51, S. 90; P.A. 13-247, S. 200.)

History: P.A. 77-614 substituted “commissioner of administrative services” for “public works commissioner”; P.A. 87-496 substituted “public works” for “administrative services” commissioner in Subsec. (a); pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsec. (a), effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a), effective July 1, 2013.

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Secs. 27-132 and 27-133. Roster of Connecticut men and women in armed forces during the First World War. Distribution and sale of World War I roster. Sections 27-132 and 27-133 are repealed, effective October 1, 2002.

(1949 Rev., S. 1314, 1315; 1961, P.A. 261, S. 2; 275; P.A. 77-614, S. 521, 610; P.A. 88-285, S. 23, 35; P.A. 93-262, S. 1, 87; S.A. 02-12, S. 1.)

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Sec. 27-134. Copies of statutes for veterans' organizations. The Secretary of the State shall, upon request, provide each established veterans' organization occupying office space furnished by the state in the city of Hartford with an annotated copy of the revised statutes and any supplements thereto.

(1953, S. 1646d; P.A. 11-150, S. 14.)

History: P.A. 11-150 added “upon request”, effective July 1, 2011.

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Sec. 27-135. Local veterans' advisory committee. Municipal veterans' representative. (a) Any city or town, either separately or with one or more other cities and towns, may, by ordinance, establish a local veterans' advisory committee which shall have the responsibility of carrying out locally the duties and purposes of this section and, within their charter powers and as otherwise provided by law, may make available to such local committees the necessary funds to carry out their duties and responsibilities. The committee may (1) act as the coordinating agency in all matters concerning veterans and their dependents, coordinating the activities of public and private facilities concerned with veterans' reemployment, education, rehabilitation and adjustment to peacetime living; (2) cooperate with all national, state and local governmental and private agencies in securing services and benefits to which a veteran or his dependents may be entitled; (3) use the services and facilities of the veterans organizations so far as possible to carry out the purposes of this section; and (4) encourage and coordinate vocational training services for veterans.

(b) (1) Any city or town that has not established its own local veterans' advisory committee separate from one or more other cities or towns pursuant to subsection (a) of this section and does not otherwise provide funding for a veterans' service officer shall designate (A) a city or town employee, or (B) a volunteer who is a resident of such city or town, and (i) is a veteran, as defined in subsection (a) of section 27-103, or (ii) has practical experience handling veterans' issues, to serve as a municipal veterans' representative in such city or town. The Commissioner of Veterans Affairs shall annually send to the chief executive officer of any such city or town an electronic notification of such chief executive officer's duty to so designate a city or town employee or volunteer in accordance with this subsection. Such chief executive officer shall, not later than thirty days after receipt of such notification, submit to the Office of Advocacy and Assistance, as described in subsection (b) of section 27-102l, the name and electronic mail address of the city or town employee or volunteer so designated. As used in this subdivision, “chief executive officer” means the officer described in section 7-193.

(2) Each municipal veterans' representative shall carry out the duties described in subsection (a) of this section and shall complete a training course conducted by the Office of Advocacy and Assistance, as described in subdivision (3) of subsection (b) of section 27-102l, or attend a training session conducted by the manager of said office, as described in subparagraph (A) of subdivision (2) of subsection (b) of said section. Each municipal veterans' representative designated on or after October 1, 2019, shall complete such training course not later than one year after the date of such designation. Upon completion of such training course, a municipal veterans' representative may thereafter receive electronically any new or updated training information from the Office of Advocacy and Assistance and shall not be required to complete any other such training course.

(3) Any volunteer designated as a municipal veterans' representative by a city or town pursuant to subdivision (1) of this subsection shall (A) be available to veterans in person, by telephone or by electronic mail for any minimum number of hours per week that the city or town designating the volunteer may establish, and (B) file a performance report each month with the city or town designating the volunteer that includes, but is not limited to, the names of veterans assisted, services or referrals provided and any other information as determined by the city or town.

(1949, S. 1647d; 1957, P.A. 13, S. 78; P.A. 13-34, S. 2; P.A. 14-56, S. 2; P.A. 16-68, S. 3; 16-192, S. 2; P.A. 17-36, S. 3; P.A. 19-148, S. 1.)

History: P.A. 13-34 designated existing provisions as Subsec. (a), added Subsec. (b) re veterans' service contact person, and made technical changes; P.A. 14-56 amended Subsec. (b)(1) to replace “a” with “its own” and add “separate from one or more other cities or towns”, effective May 23, 2014; P.A. 16-68 amended Subsec. (b) by designating existing provisions re designation of veterans' service contact person as new Subdiv. (1) and amending same by adding provisions re electronic notification to chief executive officer, submission of name and electronic mail address of designated city or town employee and definition of “chief executive officer”, designating existing provisions re contact person duties and training course as new Subdiv. (2) and amending same by replacing “may complete an annual” with “shall complete a” and adding provisions re completion of training course, and making conforming changes; P.A. 16-192 amended Subsec. (b) by adding “subdivision (1) of” in reference to Sec. 27-102l(b) and adding provision re attending training session conducted by unit head as described in Sec. 27-102l(b)(2)(A); P.A. 17-36 amended Subsec. (b) to replace references to veterans' advocacy and assistance unit with references to Office of Advocacy and Assistance, replace “unit head” with “manager”, and replace reference to Sec. 27-102l(b)(1) with reference to Sec. 27-102l(b)(3) in Subdiv. (2); P.A. 19-148 amended Subsec. (b) by replacing “veterans' service contact person” with “municipal veterans' representative”, designating existing provision re designation of city or town employee as such as Subpara. (A), adding Subpara. (B) re designation of volunteer resident and adding references to volunteer in Subdiv. (1), replacing references to veterans' service contact person with municipal veterans' representative, replacing “July 1, 2016” with “October 1, 2019” and making technical changes in Subdiv. (2), and adding Subdiv. (3) re duties of volunteer designated as municipal veterans' representative.

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Sec. 27-136. Powers of attorney granted by persons in armed forces. No person who acts under a power of attorney of a principal in the armed forces of the United States, or of a principal whose duties in connection with any service in which the armed forces, as defined in section 27-103, are engaged involve his or her absence from this country, shall be liable for any such act on the ground that such principal was not alive when such act was performed if such act was performed in good faith and without knowledge of the death of the principal. All such acts shall have the same force and effect upon title and in all other respects as though the principal were alive.

(1949 Rev., S. 7128; 1957, P.A. 163, S. 41; P.A. 15-246, S. 2; P.A. 18-72, S. 11.)

History: P.A. 15-246 made a technical change; P.A. 18-72 made a technical change.

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Sec. 27-137. Acknowledgments by persons serving in armed forces and spouses. In addition to the acknowledgment of instruments in the manner and form otherwise authorized by law, any person serving in or with the armed forces of the United States and his or her spouse, may acknowledge any such instrument before any officer in active service in the armed forces of the United States with the rank of second lieutenant or higher in the Army or Marine Corps, or ensign or higher in the Navy or Coast Guard. No such instrument shall be rendered invalid by failure to state therein the place of execution or acknowledgment. No authentication of such officer's certificate of acknowledgment shall be required, but he shall endorse thereon his rank and the command to which he is attached.

(1949 Rev., S. 7129; P.A. 75-195.)

History: P.A. 75-195 added application of section to “his or her spouse”.

See Sec. 1-38 re form of acknowledgment of instrument by person in armed forces.

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PART II

SOLDIERS, SAILORS AND MARINES FUND

Sec. 27-138. Custody and administration of the Soldiers, Sailors and Marines Fund. Annual disbursement to American Legion. Use of funds. Treatment of gifts, bequests and donations. (a) The Soldiers, Sailors and Marines Fund shall remain as established and shall be in the custody of the Treasurer as trustee of the fund and shall be administered by the American Legion. The Treasurer shall invest the fund and shall reinvest as much of the fund as is not required for current disbursement in accordance with the provisions of this section. The interest accumulations of the fund so held in trust or the corpus of the fund, to the extent that the interest accumulations of such fund are insufficient to carry out the purposes of this section shall be disbursed to the American Legion, which shall utilize such funds as specified in subsection (b) of this section, and the balance of said funds shall at the end of each fiscal year be added to the principal of the fund. Disbursements to the American Legion shall be made at such definite and stated periods as are necessary to meet the convenience of the American Legion and said trustee; but each disbursement shall be made upon the order of the American Legion, approved by at least two of its executive officers or of a special committee thereof thereunto specially authorized. The American Legion may consult with the Treasurer concerning investment of the fund.

(b) The Treasurer shall disburse not less than two million dollars annually to the American Legion in accordance with subsection (a) of this section. Such disbursement shall be made initially from interest accumulations of the fund. If such interest accumulations are less than two million dollars, the Treasurer shall disburse such amount of the corpus of the fund as is necessary to equal two million dollars. The American Legion shall utilize such amount for the purposes specified under section 27-140. None of such amount may be used by the American Legion for expenses of administering or operating the fund. The balance of any funds not expended by the end of each fiscal year shall be added to the corpus of the fund.

(c) The American Legion shall promptly turn over all gifts, bequests and donations received by it in support of the Soldiers, Sailors and Marines Fund to the Treasurer, and the amounts of such gifts, bequests and donations shall be added to the corpus of the fund.

(1949, Rev., S. 2957; 1949, S. 1648d; 1961, P.A. 578, S. 14; February, 1965, P.A. 574, S. 33; 1969, P.A. 337, S. 1; P.A. 74-338, S. 58, 94; P.A. 76-411, S. 2; P.A. 81-343, S. 5, 7; P.A. 97-47, S. 50; P.A. 07-187, S. 2; P.A. 11-48, S. 15; P.A. 13-247, S. 121; P.A. 14-217, S. 57.)

History: 1961 act provided for augmentation by finance advisory committee where funds were insufficient, with limitation; 1965 act deleted provision for augmentation of the fund by cigarettes taxes; 1969 act provided for reserve fund of $100,000; P.A. 74-338 substituted “investment advisory council” for “investment committee”; P.A. 76-411 deleted references to board of trustees and investment advisory council and qualified the treasurer “as trustee of said fund”, providing that the treasurer, instead of the board, administer the fund; P.A. 81-343 allowed reinvestments of moneys not needed for current disbursement in accordance with part I of Ch. 32 rather than reinvestments “in such securities as may be legal investments for trust funds”; P.A. 97-47 substituted “trustee” for “board of trustees”; (Revisor's note: In 2005 the Revisors editorially deleted the apostrophe from “Marines” in name of fund); P.A. 07-187 provided that treasurer of the American Legion, instead of State Treasurer, shall administer the fund and that State Treasurer shall invest the fund, and made technical changes, effective June 6, 2007; P.A. 11-48 designated existing provisions as Subsec. (a) and amended same by adding provision re repayment of amounts appropriated from General Fund, and added Subsec. (b) re when Comptroller may transfer interest to General Fund, effective July 1, 2011; P.A. 13-247 deleted Subsec. (a) designator, replaced requirement that treasurer of American Legion administer the fund with requirement that American Legion administer the fund, deleted provision re order of Comptroller to pay interest accumulations, deleted provisions re Finance Advisory Committee to make appropriations from state General Fund, added provision authorizing American Legion to consult with the Treasurer concerning investment of the fund and to utilize up to $300,000 of interest accumulation to administer the fund, deleted former Subsec. (b) re transfer of interest to General Fund by Comptroller, and made conforming changes, effective July 1, 2014; P.A. 14-217 designated existing provisions as Subsec. (a) and amended same by adding provisions re disbursement of corpus of fund to American Legion, deleting provision re use of interest accumulation by American Legion to administer fund and making conforming changes, added Subsec. (b) re Treasurer to disburse not less than $2,000,000 annually to American Legion, re amount not to be used for administering or operating fund and re balance of unexpended funds to be added to corpus, and added Subsec. (c) re American Legion to turn over gifts, bequests and donations to Treasurer for addition to corpus of fund, effective July 1, 2014.

See Sec. 27-117 re disclosure of property of applicant.

Right of American Legion to take from income enough to pay for fair cost of management of fund. 97 C. 612.

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Sec. 27-138a. Availability of regulations of fund, bylaws of American Legion and applications for aid from fund. The administrator of the Soldiers, Sailors and Marines Fund shall make available: (1) Online, a copy of the regulations of the fund and the bylaws of the American Legion, and (2) at each town clerk's office, applications for aid from the fund.

(1969, P.A. 347, S. 2; P.A. 97-47, S. 51; P.A. 07-187, S. 3; P.A. 14-217, S. 58.)

History: P.A. 97-47 substituted “trustee” for “board of trustees”; (Revisor's note: In 2005 the Revisors editorially deleted the apostrophe from “Marines” in name of fund); P.A. 07-187 substituted “treasurer of the American Legion as administrator” for “trustee”, “may make” for “shall make” and “the” for “said”, effective June 6, 2007; P.A. 14-217 deleted reference to treasurer of American Legion as administrator of fund, replaced “may” with “shall”, added provisions re fund administrator to make regulations of fund and bylaws of American Legion available online, and made technical changes, effective July 1, 2014.

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Sec. 27-138b. Hearing on denial of aid. Any applicant denied aid under section 27-140 shall be given written notice by registered mail by the administrator of the Soldiers, Sailors and Marines Fund stating the reasons for such denial. The applicant may, within fifteen days of the date of the mailing of such notice, make a request in writing by registered mail directed to the administrator for a hearing on such denial. The administrator shall notify the applicant in writing, within five days of the receipt of the request, of the place and date of hearing, which hearing shall be held not less than thirty days from the date of mailing of the notice. The hearing may be conducted by the administrator or by a hearing officer appointed by the administrator in writing. The applicant shall be entitled to be represented by counsel and a transcript or audio or audiovisual recording of the hearing shall be made by the administrator. If the hearing is conducted by a hearing officer, he shall state his findings and make recommendation to the administrator on the issue of the denial of the application. The administrator, based upon such findings and recommendations of the hearing officer, or after a hearing conducted by him, shall render a decision in writing denying the application or granting it in accordance with the regulations of the Soldiers, Sailors and Marines Fund. A copy of such decision shall be sent by registered mail to the applicant. An applicant aggrieved by said decision may appeal therefrom as provided in section 27-138c.

(1969, P.A. 347, S. 3; P.A. 14-217, S. 59.)

History: (Revisor's note: In 2005 the Revisors editorially deleted the apostrophe from “Marines” in name of fund); P.A. 14-217 changed time period to request hearing from 10 days to 15 days and added provisions re administrator to make transcript or audio or audiovisual recording of hearing, effective July 1, 2014.

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Sec. 27-138c. Appeal. Any person aggrieved by a decision of the administrator rendered under section 27-138b may appeal such decision to a review board composed of no fewer than three members of the American Legion State Fund Commission as specified in the bylaws of the American Legion. All appeals taken pursuant to this section shall be based solely upon the record of the hearing conducted pursuant to section 27-138b. A person aggrieved by a decision of the review board may appeal to the Superior Court.

(1969, P.A. 347, S. 4; P.A. 88-317, S. 31, 107; June Sp. Sess. P.A. 91-12, S. 41, 55; P.A. 04-169, S. 15; P.A. 05-288, S. 125; P.A. 14-217, S. 60.)

History: P.A. 88-317 added provision re appeal to superior court in accordance with chapter 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; June Sp. Sess. P.A. 91-12 transferred from the commandant to the commissioner the responsibility for sitting on the review board; P.A. 04-169 made technical changes, effective June 1, 2004; P.A. 05-288 made technical changes, effective July 13, 2005; P.A. 14-217 replaced provision re review board composed of Adjutant General, Attorney General and Commissioner of Veterans' Affairs or designees with provision re review board composed of members of American Legion State Fund Commission as specified in bylaws and deleted provision re appeal pursuant to Ch. 54, effective July 1, 2014.

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Sec. 27-138d. Expenses incurred in connection with premises used by fund administrator. Section 27-138d is repealed, effective July 1, 2014.

(P.A. 76-434, S. 10, 12; P.A. 14-217, S. 259.)

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Sec. 27-138e. Annual independent audit of fund expenditures. Audit report. (a) The American Legion shall, on or before January fifteenth annually, cause an independent audit to be conducted of the expenditures of the Soldiers, Sailors and Marines Fund, described in section 27-138. Such audit shall be conducted in accordance with sections 4-230 to 4-236, inclusive, and regulations adopted pursuant to section 4-236. The audit report shall include: (1) A list of expenditures authorized pursuant to section 27-140 that describes the type, and includes the assistance amount and the number of recipients, of each expenditure for each month; and (2) a detailed description of the administrative and operating expenditures incurred by the American Legion in administering the fund, along with the names, titles and compensation of all staff administering the operations of the fund.

(b) Not later than seven business days after the date on which the American Legion receives the audit report of the independent audit described in subsection (a) of this section, the American Legion shall submit to the Auditors of Public Accounts, the Office of Policy and Management, and the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and veterans' and military affairs a copy of such report. The American Legion shall make such report available to the public in an electronic format.

(P.A. 13-247, S. 122; P.A. 14-217, S. 62.)

History: P.A. 13-247 effective July 1, 2014; P.A. 14-217 amended Subsec. (a) by changing independent audit from biennial to annual, limiting audit to expenditures of fund, deleting former Subdivs. (1), (2) and (4) to (6) re items to be included in audit report, redesignating existing Subdiv. (3) as Subdiv. (1) and amending same to require inclusion of list of expenditures authorized pursuant to Sec. 27-140 with assistance amount and number of recipients per month, and adding new Subdiv. (2) re inclusion of detailed description of administrative and operating expenditures and certain staff information, and amended Subsec. (b) by changing recipients of audit report from Treasurer to Auditors of Public Accounts and Office of Policy and Management and from finance, revenue and bonding committee to appropriations and the budgets of state agencies committee and by eliminating requirement that report be made available to public in paper format, effective July 1, 2014.

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Sec. 27-138f. Transfer of furnishings, equipment and supplies to American Legion. Retention of documents. All furnishings, equipment, and supplies in the possession of the Soldiers, Sailors and Marines Fund on June 30, 2014, shall be transferred to the American Legion at no cost to the American Legion. All documents in the possession of the Soldiers, Sailors and Marines Fund on June 30, 2014, shall be retained by the state in accordance with the state's record retention requirements unless the State Librarian authorizes the administrator of the fund to retain temporary custody of such documents subject to any conditions said librarian may impose.

(P.A. 14-217, S. 63.)

History: P.A. 14-217 effective July 1, 2014.

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Sec. 27-138g. Use of office space in state-owned or state-leased buildings by American Legion. Payment of rental or lease. With the approval of the Department of Administrative Services, the American Legion may utilize office space in state-owned or state-leased buildings, subject to reasonable office rental or lease costs. On and after July 1, 2014, with the approval of the Department of Administrative Services and the Office of Policy and Management, the American Legion shall not be charged for offices in locations where such space was provided on an in-kind basis as of June 30, 2014.

(P.A. 14-217, S. 64.)

History: P.A. 14-217 effective July 1, 2014.

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Sec. 27-138h. Disclosure of certain fund records under Freedom of Information Act. Access to records by Treasurer. Exceptions. (a) As used in this section, (1) “personal information” means information capable of being associated with a particular individual through one or more identifiers, including, but not limited to, an individual's first name or first initial and last name, a Social Security number, a driver's license number, a state identification card number, an account number, a credit card or debit card number, a financial record, a passport number, an alien registration number, a health insurance identification number or any military identification information, and does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media, and (2) “military identification information” means information identifying a person as a member of the armed forces, as defined in section 27-103, or a veteran, as defined in subsection (a) of said section, including, but not limited to, a selective service number, military identification number, discharge document, military identification card or military retiree identification card.

(b) (1) Except as provided in subsection (c) of this section, any record of the American Legion related to the administration of the Soldiers, Sailors and Marines Fund, which fund is described in sections 27-138 to 27-140, inclusive, shall be deemed a public record, as defined in section 1-200, and disclosed to the extent required of any such public record under the Freedom of Information Act, as defined in said section.

(2) The Treasurer, as custodian and trustee of the Soldiers, Sailors and Marines Fund under section 27-138, may access any such record and shall be the public agency for purposes of any request made for any such record pursuant to the Freedom of Information Act.

(c) The Treasurer shall not disclose the personal information of any individual who (1) makes a gift, bequest or donation to the fund, or (2) is an applicant for, or a recipient of, aid from the fund unless any such disclosure is for purposes of (A) administering aid from the fund, (B) assisting any such applicant or recipient in obtaining aid from any other government or private program, or (C) complying with a court order.

(P.A. 17-189, S. 1; P.A. 21-40, S. 24.)

History: P.A. 17-189 effective July 10, 2017; P.A. 21-40 made a technical change in Subsec. (a).

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Sec. 27-139. Increase of fund. Section 27-139 is repealed.

(1949 Rev., S. 2958; 1955, S. 1649d; 1961, P.A. 578, S. 15.)

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Sec. 27-140. Expenditure. All money so paid to and received by the American Legion shall be expended by it in furnishing temporary income; subsistence items such as food, wearing apparel, shelter and related expenses; medical or surgical aid or care or relief (1) to, or in bearing the funeral expenses of, soldiers, sailors or marines (A) (i) who performed service in time of war, as defined in section 27-103, in any branch of the military service of the United States, including the Connecticut National Guard, or (ii) who were engaged in any of the wars waged by the United States during said periods in the forces of any government associated with the United States, (B) who are or were veterans, as defined in section 27-103, and (C) who were citizens or resident aliens of the state at the time of entering said armed forces of the United States, including the Connecticut National Guard, or of any such government, (2) to their spouses who are living with them, (3) to their widows or widowers who were living with them at the time of death, or (4) to dependent children under eighteen years of age, who may be in need of the same. All such payments shall be made by the American Legion under authority of its bylaws, which bylaws shall set forth the procedure for proof of eligibility for such aid, provided payments made for the care and treatment of any person entitled to the benefits provided for herein, at any hospital receiving aid from the General Assembly unless special care and treatment are required, shall be in accordance with the provisions of section 17b-239, and provided the sum expended for the care or treatment of such person at any other place than a state-aided hospital shall in no case exceed the actual cost of supporting such person at the Healthcare Center in Rocky Hill maintained by the Department of Veterans Affairs, unless special care and treatment are required, when such sum as may be determined by the treasurer of such organization may be paid therefor. Upon the completion of the trust provided for in section 27-138, the principal fund shall revert to the State Treasury.

(1949 Rev., S. 2959; 1949, 1951, 1953, S. 1650d; 1957, P.A. 163, S. 34; 1967, P.A. 850; 1969, P.A. 347, S. 1; P.A. 73-395; P.A. 74-321, S. 19; P.A. 75-483, S. 6, 10; P.A. 91-2, S. 7, 8; 91-213, S. 7, 8; P.A. 97-47, S. 52; P.A. 00-131, S. 1; P.A. 04-169, S. 16; 04-195, S. 1; P.A. 07-187, S. 4; P.A. 14-217, S. 61; P.A. 16-167, S. 48; P.A. 18-47, S. 24; P.A. 21-79, S. 34.)

History: 1967 act provided for use of termination date to be determined by the United States for the end of the Vietnam era and raised cutoff age for eligibility of dependent children from 16 to 18; 1969 act made slight change in wording; P.A. 73-395 substituted “December 31, 1955” for “October 27, 1953”; P.A. 74-321 substituted “spouses” for “wives” and added “or widowers” following “widows”; P.A. 75-483 deleted provisions concerning the dates for the Vietnam era and substituted “as defined in subsection (a) of section 27-103”; P.A. 91-2 added provisions re service during Operation Desert Shield and Operation Desert Storm; P.A. 91-213 changed the beginning of the period of service during Operation Desert Shield and Operation Desert Storm from August 7, 1990, to August 2, 1990; P.A. 97-47 substituted “trustee” for “board of trustees”; P.A. 00-131 added “performed service in time of war, as defined in subsection (a) of section 27-103,” and deleted provisions re service dates; P.A. 04-169 changed the name of the Veterans' Home and Hospital to the Veterans' Home, effective June 1, 2004; P.A. 04-195 included the Connecticut National Guard in any branch of the military service of the United States and in the armed forces of the United States, effective June 3, 2004; P.A. 07-187 deleted “and shall be approved by the trustee” re bylaws, substituted “the Governor and the General Assembly” for “said trustee” re quarterly accounting, and deleted “so held by said trustee” re principal fund, effective June 6, 2007; P.A. 14-217 added provisions re temporary income, subsistence items and shelter and related expenses as items for which money may be expended and deleted provision re quarterly accounting by treasurer of American Legion to Governor and General Assembly, effective July 1, 2014; P.A. 16-167 replaced “Veterans' Home” with “Healthcare Center in Rocky Hill maintained by the Department of Veterans Affairs”, effective July 1, 2016; P.A. 18-47 added Subdiv., Subpara. and clause designators, replaced reference to Sec. 27-103(a) with reference to Sec. 27-103, added Subdiv. (1)(B)(ii) re funeral expenses of soldiers, sailors or marines with a qualifying condition who have received discharges other than bad conduct or dishonorable; P.A. 21-79 amended Subdiv. (1)(B) to replace provision re soldiers, sailors or marines who have been honorably discharged or honorably released or with qualifying condition with reference to veterans, as defined in Sec. 27-103.

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PART III

BONUS FOR VETERANS OF VIETNAM ERA

Secs. 27-140a to 27-140m. Bonus for Veterans of Vietnam Era, generally. Sections 27-140a to 27-140m, inclusive, are repealed, effective October 1, 2002.

(1967, P.A. 422, S. 1–13; 1969, P.A. 352, S. 1; 1971, P.A. 179, S. 20; 1972, P.A. 225, S. 5; P.A. 73-525; P.A. 75-483, S. 7–10; P.A. 76-436, S. 607, 681; S.A. 80-41, S. 65, 68; P.A. 98-259, S. 13, 17; P.A. 02-89, S. 90; S.A. 02-12, S. 1.)

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PART IIIa

BONUS FOR VETERANS OF WORLD WAR II
AND KOREAN HOSTILITIES

Sec. 27-140n. Payment of World War II and Korean veterans' bonuses. Section 27-140n is repealed, effective October 1, 2002.

(1971, P.A. 591, S. 1, 2; S.A. 02-12, S. 1.)

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PART IIIb

BONUS FOR VETERANS OF WORLD WAR I

(P.A. 74-340, S. 1–12; P.A. 75-398, S. 1, 2; 75-483, S. 1, 10; P.A. 76-436, S. 608, 681; P.A. 77-424, S. 1; P.A. 98-259, S. 14, 17; S.A. 02-12, S. 1.)

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Sec. 27-140z. Reserved for future use.

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PART IV*

VIETNAM HERBICIDES INFORMATION COMMISSION

*See Sec. 52-577b re limitation of actions for damages caused by contact with or exposure to phenoxy herbicides in Indo-China.

Sec. 27-140aa. Definitions. As used in this part:

(1) “Agent orange” means the herbicide composed of 2,4,5-trichlorphenoxyacetic acid and 2,4-dichlorphenoxyacetic acid;

(2) “Commission” means the Vietnam Herbicides Information Commission established under this part;

(3) “Commissioner” means the Commissioner of Public Health;

(4) “Department” means the Department of Public Health;

(5) “Veteran” means a person who (A) was a resident of the state at the time of his induction into the armed forces of the United States or is currently a resident of the state and (B) served during the Vietnam era, as defined in section 27-103; and

(6) “Vietnam herbicide” means any herbicide, defoliant, or other causative agent, including, but not limited to, agent orange, used in the Vietnam conflict.

(P.A. 82-308, S. 1, 7; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

History: P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

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Sec. 27-140bb. Commission: Establishment; membership; termination. (a) There is established a Vietnam Herbicides Information Commission which shall obtain information relating to the health effects of exposure to Vietnam herbicides for veterans of this state who may have been exposed to these substances during their period of military service.

(b) The commission shall consist of nine members, who shall serve for a term of five years, one of whom shall be the commissioner or his designee. The remaining members shall be appointed as follows: The president pro tempore of the Senate shall appoint two members, the minority leader of the Senate shall appoint two members, the speaker of the House of Representatives shall appoint two members and the minority leader of the House of Representatives shall appoint two members. There shall be at least six honorably discharged veterans on the commission, four of whom shall have served in the Vietnam theater of operations. One member of the commission shall be a toxicologist and one member shall be a epidemiologist, each of whom shall be licensed by the state.

(c) The commission shall elect a chairperson from among its members. Vacancies in the membership of the commission and its officers shall be filled for the unexpired term in the same manner as the original appointment or election. The commission shall meet at least four times a year at the call of the chairperson. The initial meeting of the commission shall be called by the commissioner not later than September 1, 1982. The members of the commission shall receive no compensation for their services.

(d) The commission shall cease to exist on June 30, 1990.

(P.A. 82-308, S. 2, 7; P.A. 87-543, S. 4, 9.)

History: P.A. 87-543 amended Subsec. (a) by eliminating establishment of the commission within the department of health services for administrative purposes and amended Subsec. (d) to extend the commission to June 30, 1990.

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Sec. 27-140cc. Duties of commission. Reports. (a) The commission shall advise the Department of Veterans Affairs on (1) medical, administrative and social assistance needed for veterans who were exposed to Vietnam herbicides, (2) recommendations for legislation, and (3) information that should be provided to veterans about epidemiological or other studies relating to Vietnam herbicide exposure which are being conducted by the state or federal government.

(b) The commission shall not disclose information received pursuant to this part so as to divulge the identities of the persons to whom it relates except as is necessary to carry out the purposes of this part.

(c) The commission shall submit a preliminary report to the Governor and the General Assembly on or before April 1, 1983, on its findings, recommendations and conclusions. The commission shall submit annual reports thereafter on or before February fifteenth of each year with a final report due on or before February 15, 1987.

(P.A. 82-308, S. 3, 7; P.A. 87-543, S. 5, 9; P.A. 16-167, S. 36.)

History: P.A. 87-543 amended Subsec. (a) to make commission advisory only; P.A. 16-167 amended Subsec. (a) to replace “Department of Veterans' Affairs” with “Department of Veterans Affairs”, effective July 1, 2016.

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Sec. 27-140dd. Duties of department. The department, in conjunction and consultation with the Department of Veterans Affairs, and within available appropriations, may: (1) Establish, promote and maintain a public information program on Vietnam herbicides which shall include, but not be limited to, an extensive effort to identify and contact veterans who may have been exposed to such herbicides; (2) establish, maintain and promote a reporting process for veterans who were exposed to Vietnam herbicides; (3) initiate education for health professionals to assist them in understanding the potential risks and state-of-art knowledge with regard to detection, diagnosis and treatment of acute and chronic symptoms associated with Vietnam herbicide exposure; and (4) refer veterans to appropriate state and federal agencies for the purpose of filing claims to remedy medical and financial problems caused by exposure to Vietnam herbicides. The commissioner may enter into agreements with nonprofit veterans' organizations in the state to provide these services.

(P.A. 82-308, S. 4, 7; P.A. 87-543, S. 6, 9; P.A. 16-167, S. 37.)

History: P.A. 87-543 required the department to consult with the Department of Veterans' Affairs rather than the commission and limited spending to available appropriations; P.A. 16-167 replaced “Department of Veterans' Affairs” with “Department of Veterans Affairs”, effective July 1, 2016.

See Sec. 52-577b re limitation of actions for damages caused by contact with or exposure to phenoxy herbicides in Indo-China.

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Sec. 27-140ee. Report concerning veteran who may have been exposed to Vietnam herbicides. Disclosure of information. (a) A physician or an advanced practice registered nurse who has primary responsibility for treating a veteran who believes he may have been exposed to Vietnam herbicides while serving in the armed forces of the United States, shall, at the request of the veteran, submit a report to the Department of Veterans Affairs. If there is no physician or advanced practice registered nurse having primary responsibility for treating the veteran, the hospital treating the veteran shall, at the request of the veteran, submit the report to the commission. Any report of a physician, an advanced practice registered nurse or a hospital shall include: (1) Any symptoms of exposure to a Vietnam herbicide; (2) diagnosis of the veteran; and (3) methods of treatment prescribed.

(b) The identity of a veteran about whom a report has been made under this section may not be disclosed unless the veteran consents to the disclosure. Any statistical information collected under this part shall be public information.

(c) Any physician, advanced practice registered nurse or hospital subject to this section who complies with the provisions of this section may not be held civilly or criminally liable for providing the information required by this section.

(P.A. 82-308, S. 5, 7; P.A. 87-543, S. 7, 9; P.A. 16-39, S. 55; 16-167, S. 38.)

History: P.A. 87-543 amended Subsec. (a) by changing reference from commission to department of veterans' affairs for consistency with statutory changes; P.A. 16-39 amended Subsec. (a) by adding references to advanced practice registered nurse and making a technical change and amended Subsec. (c) by adding reference to advanced practice registered nurse; P.A. 16-167 amended Subsec. (a) by replacing “Department of Veterans' Affairs” with “Department of Veterans Affairs”, effective July 1, 2016.

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PART V

PERSIAN GULF WAR INFORMATION
AND RELIEF COMMISSION

Secs. 27-140ff to 27-140hh. Definitions. Commission established; membership; vacancies. Duties of commission; reports. Sections 27-140ff to 27-140hh, inclusive, are repealed, effective June 1, 2004.

(P.A. 97-144, S. 1–3, 5; P.A. 04-169, S. 21.)

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PART VI

DEPLETED URANIUM EXPOSURE

(1) “Eligible member” means a member of the Connecticut National Guard who served in the Persian Gulf War, as defined in 38 USC 101, or in an area designated as a combat zone by the President of the United States during Operation Enduring Freedom or Operation Iraqi Freedom;

(2) “Veteran” means a veteran, as defined in subsection (a) of section 27-103, who served as an eligible member;

(3) “Military physician” includes a physician who is under contract with the United States Department of Defense to provide physician services to members of the armed forces; and

(4) “Depleted uranium” means uranium containing less uranium-235 than the naturally occurring distribution of uranium isotopes.

(b) On and after October 1, 2005, the Adjutant General and the Commissioner of Veterans Affairs shall assist any eligible member or veteran who (1) has been assigned a risk level I, II or III for depleted uranium exposure by his or her branch of service, (2) is referred by a military physician, or (3) has reason to believe that he or she was exposed to depleted uranium during such service, in obtaining federal treatment services, including a best practice health screening test for exposure to depleted uranium using a bioassay procedure involving sensitive methods capable of detecting depleted uranium at low levels and the use of equipment with the capacity to discriminate between different radioisotopes in naturally occurring levels of uranium and the characteristic ratio and marker for depleted uranium. No state funds shall be used to pay for such tests or such other federal treatment services.

(c) On or before October 1, 2005, the Adjutant General shall submit a report to the select committee of the General Assembly having cognizance of matters relating to military and veterans' affairs, in accordance with the provisions of section 11-4a, on the scope and adequacy of training received by members of the Connecticut National Guard on detecting whether their service as eligible members is likely to entail, or to have entailed, exposure to depleted uranium. The report shall include an assessment of the feasibility and cost of adding predeployment training concerning potential exposure to depleted uranium and other toxic chemical substances and the precautions recommended under combat and noncombat conditions while in a combat zone.

(June Sp. Sess. P.A. 05-3, S. 33; P.A. 16-167, S. 39.)

History: June Sp. Sess. P.A. 05-3 effective June 30, 2005; P.A. 16-167 amended Subsec. (b) to replace “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, effective July 1, 2016.

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VETERANS

Table of Contents

PART I

DEPARTMENT OF VETERANS AFFAIRS

PART Ia

GENERAL PROVISIONS

PART II

SOLDIERS, SAILORS AND MARINES FUND

PART III

BONUS FOR VETERANS OF VIETNAM ERA

PART IIIa

BONUS FOR VETERANS OF WORLD WAR IIAND KOREAN HOSTILITIES

PART IIIb

BONUS FOR VETERANS OF WORLD WAR I

PART IV*

VIETNAM HERBICIDES INFORMATION COMMISSION

PART V

PERSIAN GULF WAR INFORMATIONAND RELIEF COMMISSION

PART VI

DEPLETED URANIUM EXPOSURE

BONUS FOR VETERANS OF WORLD WAR II
AND KOREAN HOSTILITIES

PERSIAN GULF WAR INFORMATION
AND RELIEF COMMISSION