SP0668, LD 1926, item 2, Document Text

Amend the bill by inserting after section 1 the following:

‘Sec. 2. 37-B MRSA §505, sub-§1-C, as enacted by PL 2017, c. 419, §6, is amended to read:

1-C. Financial assistance. The following provisions apply to grants of temporary financial assistance to veterans.

A. The bureau may provide a grant of temporary assistance not to exceed $2,000 to a veteran currently a resident of this State who has filed a valid claim for a veteran's pension, pending notification of the award of such a pension. For purposes of this paragraph, "claim for a veteran's pension" means a claim filed with the United States Department of Veterans Affairs pursuant to 38 United States Code, Chapter 15.

B. The bureau may provide a grant of temporary assistance not to exceed $2,000 to a veteran currently a resident of this State who demonstrates to the bureau's satisfaction a financial need and suffers an emergency, including but not limited to:

(1) Damage to that veteran's home due to fire, flood or hurricane that is not fully compensable by insurance;

(2) Illness or the illness of an immediate family member; or

(3) Hardship that would result in the veteran becoming homeless.

C. A veteran who requests temporary assistance under this subsection and is denied such assistance by the bureau may request a reconsideration and review of this decision. Requests for reconsideration of a claim must be reviewed by the director and the commissioner or the commissioner's designee, and the decision after the reconsideration is final and may not be appealed to a court.

D. The bureau may contract with an organization incorporated in the State as a nonprofit corporation in accordance with Title 13-B or an organization with tax-exempt status under 26 United States Code, Section 501(c) for the purpose of providing temporary financial assistance to veterans as described in this subsection. A contract authorized under this subsection may provide only for the distribution of direct temporary financial assistance to veterans and may not provide for compensation for personnel costs of the organization, funding of positions of employment within the organization or administrative costs of the organization except those directly related to the distribution of temporary financial assistance grants to veterans.

E. The department may adopt rules to implement this subsection. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

F. For the purposes of this subsection, "veteran" means any person who:

(1) Served in the active United States Armed Forces and who, if discharged, received an honorable discharge or a general discharge under honorable conditions, as long as the discharge was not upgraded through a program of general amnesty;

(2) Served in the Reserve Components of the United States Armed Forces and who is entitled to retired pay under 10 United States Code, chapter 1223 or would be entitled to retired pay under chapter 1223 except that the person is under 60 years of age;

(3) Served in the United States Armed Forces and, although the person does not meet the requirements of subparagraph (1) or (2), is determined by the director, on a case-by-case basis, to be eligible for temporary financial assistance; or

(4) Served in the Maine National Guard and is determined by the director, on a case-by-case basis, to be eligible for temporary financial assistance.

For the purposes of this subsection, "veteran" has the same meaning as "eligible veteran" in section 504, subsection 4, paragraph A-1. The director may also determine eligibility for temporary financial assistance on a case-by-case basis.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

The bill amends the definition of "eligible veteran" with respect to eligibility for burial in the Maine Veterans' Memorial Cemetery System. That definition of "eligible veteran" is also employed in current law to define veteran eligibility for temporary financial assistance. This amendment, which is the unanimous report of the committee, amends the statute governing the temporary financial assistance program by removing the cross-reference to the definition of "eligible veteran" in the cemetery statute and replacing it with the definition of "veteran" that is currently used in the rules governing the temporary financial assistance program to determine eligibility for assistance under that program.

FISCAL NOTE REQUIRED

(See attached)

SP0668 LD 1926	Session - 129th Maine Legislature C "A", Filing Number S-411, Sponsored by		LR 3038 Item 2
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