Bill Text: CT SB00314 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning Military Or Veteran Status On State-issued Forms And Publications, Benefits For Veterans And State Employees Called To Active Service And The Disposition Of Remains Of Members Of The Armed Forces.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-04-21 - Favorable Report, Tabled for the Calendar, Senate [SB00314 Detail]
Download: Connecticut-2010-SB00314-Comm_Sub.html
General Assembly |
||
February Session, 2010 |
*_____SB00314GAE___032510____* |
AN ACT CONCERNING MILITARY OR VETERAN STATUS ON STATE-ISSUED FORMS AND PUBLICATIONS, BENEFITS FOR VETERANS AND STATE EMPLOYEES CALLED TO ACTIVE SERVICE AND THE DISPOSITION OF REMAINS OF MEMBERS OF THE ARMED FORCES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2010) (a) Any new form or publication issued by a state agency, department or office, for distribution to the public and returnable to a state agency, department or office, shall include a question asking whether the recipient of the form or publication is a member of the armed forces or a veteran who would like to receive information regarding veterans' benefits.
(b) A state agency, department or office that receives a form or publication indicating that the sender is a member of the armed forces or a veteran who would like to receive information regarding veterans' benefits shall forward the name and mailing address of the sender, if such name and mailing address can be determined, to the Department of Veterans' Affairs.
(c) Upon receipt of the name and mailing address of any individual requesting information regarding veterans' benefits from a state agency, department or office, the Department of Veterans' Affairs shall add the individual to the contact list provided for in subsection (b) of section 27-100c of the general statutes, as amended by this act.
Sec. 2. Section 27-100c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) As used in this section, (1) ["department" means the Department of Veterans' Affairs, (2)] "service member" means a member of the armed forces, as defined in subsection (a) of section 27-103, including the Connecticut National Guard, [(3)] and (2) "veteran" has the same meaning as provided in subsection (a) of section 27-103. [, and (4) "committee" means the select committee of the General Assembly having cognizance of matters relating to veterans' and military affairs.]
(b) The Department of Veterans' Affairs shall develop and maintain a service members' and veterans' contact list, consisting of only the names and mailing addresses of service members and veterans who reside in this state, using information in [the] such department's records and information submitted to [the] such department by (1) the Military Department, as provided in subsection (c) of this section, (2) the assessor of each town, as provided in subsection (d) of this section, [and] (3) service members or veterans, as provided in subsection (e) of this section, and (4) a state agency, department or office that received a request from a member of the armed forces or veteran for information regarding veterans' benefits and forwarded the name and the mailing address of the requester to the Department of Veterans' Affairs.
(c) On or before September 1, 2005, the Military Department shall submit to the Department of Veterans' Affairs a list of the name and mailing address, but no other information, of each service member who is a resident of this state that is in the records of the Military Department.
(d) On or before the sixtieth day following the date on which an exemption pursuant to subdivision (19) of section 12-81 takes effect, as provided in section 12-95, the assessor of each town that granted any such exemption shall submit to the Department of Veterans' Affairs a list of the name and mailing address, but no other information, of each individual who has such exemption.
(e) A service member or veteran who is a resident of this state may add his or her name and mailing address to the contact list by submitting such information to the Department of Veterans' Affairs in person or by mail. A service member shall include a copy of his or her military identification card and a veteran shall include a copy of his or her military discharge document, as defined in section 1-219.
(f) Any individual who is included in the contact list may cause his or her name to be removed from the contact list by notifying the Department of Veterans' Affairs in writing.
(g) (1) The Department of Veterans' Affairs or the Military Department may use the contact list solely for the purposes of notifying service members or veterans of benefits, proposed or enacted legislation that affects service members or veterans or their families, or other information that the Department of Veterans' Affairs or the Military Department believes will be helpful to service members or veterans or their families. The Department of Veterans' Affairs shall provide a copy of the contact list to the Military Department, upon receipt of a written request signed by the Adjutant General.
(2) Notwithstanding the provisions of subsection (a) of section 1-210, the Department of Veterans' Affairs and the Military Department shall not disclose any information in the contact list to any person other than as provided in this subsection. No person shall use the contact list for any purpose other than as provided in subdivision (1) of this subsection.
Sec. 3. Subsection (a) of section 45a-318 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any person eighteen years of age or older, and of sound mind, may execute in advance of such person's death a written document, subscribed by such person and attested by two witnesses, either: (1) Directing the disposition of such person's body upon the death of such person, which document may also designate an individual to have custody and control of such person's body and to act as agent to carry out such directions; or (2) if there are no directions for disposition, designating an individual to have custody and control of the disposition of such person's body upon the death of such person. Such disposition shall include, but not be limited to, cremation, incineration, disposition of cremains, burial, method of interment and cryogenic preservation. Any such document may designate an alternate to an individual designated under subdivision (1) or (2) of this subsection. A member of the armed forces, as defined in section 27-103, may designate a person authorized to direct disposition of such member's body or remains upon the death of such member on a document issued by the Department of Defense pursuant to Department of Defense Instruction 1300.18 and Section 564 of P.L. 109-163, and such designation shall have the same legal effect in this state as a designation made under subdivision (1) or (2) of this subsection if such member dies while serving in the armed forces.
Sec. 4. Subsection (c) of section 27-102l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(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, their spouses or eligible dependents, including facilities and services for veterans who may have been exposed to a Vietnam herbicide during their periods of military service;
(2) To conduct interviews in the nursing homes or hospitals throughout the state to determine the number of veterans admitted and ascertaining which benefits such veterans are currently receiving and are entitled to receive;
(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, 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, their spouses and 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, their spouses or dependents;
(6) To develop and prepare a long-range plan and mission statement for the Veterans' Home and the veterans' advocacy and assistance unit; [and]
(7) To review all appeals made by veterans, their spouses or 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; and
(8) To establish and update annually on the Department of Veterans' Affairs Internet web site, within available appropriations, a list of the benefits and services offered to veterans by any state agency, department, authority, office or political subdivision thereof.
Sec. 5. Section 5-259d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) As used in this section, (1) "state employee" or "employee" means any elected official, officer or full-time employee of the Executive, Legislative or Judicial Department, and (2) "part pay" means the difference between the state employee's base rate of pay, plus longevity, in the employee's primary position on the date the employee is called to active service in the armed forces [of any state or the United States] and the total compensation the employee receives for such active service, as certified to the State Comptroller by the employing state agency in a manner acceptable to the State Comptroller.
(b) Notwithstanding any provision of the general statutes or any public or special act, the state shall continue to provide coverage, under a group hospitalization and medical and surgical insurance plan sponsored by the state under section 5-259, for the dependents of any state employee and the state employee who is a member of the armed forces [of any state or of any reserve component of the armed forces of the United States and who has been] called to active service, [in the armed forces of any state or the United States for (1) Operation Enduring Freedom, (2) Operation Noble Eagle, (3) a related emergency operation or a military operation whose mission was substantially changed as a result of the attacks of September 11, 2001, (4) federal action or state action authorized by the Governor in support of the federal Department of Homeland Security's Operation Liberty Shield, military operations that are authorized by the President of the United States that entail military action against Iraq, or federal action or state action authorized by the Governor to combat terrorism within the United States, or (5) federal action or state action authorized by the Governor or the President of the United States that entails service or military action as part of Operation Jump Start at the border of the United States and Mexico,] for the duration of such call-up to active service, provided such state employee and dependents were covered by the insurance plan on the date the state employee was called to active service and the state employee continues to pay any amount that the employee was required to pay for coverage before being called to active service. Any payment required to be made by the employee for coverage under this subsection may be deducted from compensation provided under subsection (c) of this section. The state shall reimburse any state employee who has paid premiums for the continuation of any such group hospitalization and medical and surgical insurance plan between the date such state employee was called to active service and November 20, 2001. The reimbursement shall be in the amount of the state's portion of the premiums so paid.
(c) Notwithstanding any provision of the general statutes or any public or special act, any state employee who is a member of the armed forces [of any state or of any reserve component of the armed forces of the United States and who has been] called to active service [in the armed forces of any state or the United States for (1) Operation Enduring Freedom, (2) Operation Noble Eagle, (3) a related emergency operation or a military operation whose mission was substantially changed as a result of the attacks of September 11, 2001, (4) federal action or state action authorized by the Governor in support of the federal Department of Homeland Security's Operation Liberty Shield, military operations that are authorized by the President of the United States that entail military action against Iraq, or federal action or state action authorized by the Governor to combat terrorism within the United States, or (5) federal action or state action authorized by the Governor or the President of the United States that entails service or military action as part of Operation Jump Start at the border of the United States and Mexico,] shall continue to accrue all vacation time, equivalent leave time and sick time to which the employee would be entitled if he or she had continued working in his or her state position during the time of such active service, and shall be credited with such accrued vacation time, equivalent leave time or sick time, except that if the accrual of such vacation time, equivalent leave time or sick time pursuant to this subsection while on active service would cause the employee to exceed any limit on leave time pursuant to any provision of the general statutes, the regulations of Connecticut state agencies or a collective bargaining agreement, the limit shall be temporarily waived to allow the employee to use the excess leave time before the later of the following: (A) From the date of the state employee's discharge from active service until the state employee returns to state employment, (B) not later than one hundred twenty calendar days after the state employee returns to state employment, (C) not later than one hundred twenty calendar days after the state employee is credited with such excess leave time, or (D) for state employees in teaching or professional positions in Unified School District #1 established pursuant to section 18-99a within the Department of Correction who were credited with equivalent leave time pursuant to this section, not later than one year after the employee is credited with such excess leave time. The employee shall be entitled to a leave of absence with pay as provided in section 27-33 from the date on which the employee was called to active service. After the expiration of such leave of absence with pay, the state employee shall receive part pay for the duration of such call-up to active service if the compensation received by the state employee for such active service is less than the employee's base rate of pay, plus longevity, in the employee's primary position. The state employee shall not be required to exhaust accrued vacation time, equivalent leave time or sick time in order to be eligible for the paid leave of absence and part pay under this subsection. As used in this section, "equivalent leave time" means leave time classified as other than vacation time or sick time and includes, but is not limited to, leave time classified as recess rather than vacation time.
(d) No state employee shall be deemed ineligible for any benefit under this section or under any other provision of this chapter solely because such employee's leave time is classified as recess or other equivalent leave time rather than vacation time pursuant to the provisions of a collective bargaining agreement, including a collective bargaining agreement covering a state employee in a teaching, instructional or professional position in the Unified School Districts 1, 2 or 3.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2010 |
New section |
Sec. 2 |
October 1, 2010 |
27-100c |
Sec. 3 |
from passage |
45a-318(a) |
Sec. 4 |
October 1, 2010 |
27-102l(c) |
Sec. 5 |
from passage |
5-259d |
Statement of Legislative Commissioners:
In section 2(a), the definition of "department" was bracketed and subsequent references to "the department" were changed to "such department" for clarity and internal consistency, and the definition of "committee" was bracketed because the term is not used in the section.
VA |
Joint Favorable Subst. C/R |
GAE |
GAE |
Joint Favorable Subst.-LCO |