Bill Text: CT SB01034 | 2013 | General Assembly | Comm Sub

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Bill Title: An Act Concerning Veterans Affairs.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2013-06-04 - Senate Recommitted to Veterans' Affairs [SB01034 Detail]

Download: Connecticut-2013-SB01034-Comm_Sub.html

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General Assembly		Substitute Bill No. 1034
January Session, 2013		*_____SB01034VA____030813____*

AN ACT CONCERNING VETERANS AFFAIRS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (5) of section 3-62b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(5) Sections 3-62b to 3-62g, inclusive, as amended by this act, are applicable to all funds or other property in the possession of the government of the United States, and of its departments, officers and agencies, which property has its situs in this state or which belonged or belongs to a resident of this state or which belonged or belongs to a person whose last-known address was within this state, and is not limited to any named federal agency. [Said sections] Sections 3-62b to 3-62g, inclusive, as amended by this act, are applicable to all funds held in the [Veterans' Administration] United States Department of Veterans Affairs, Comptroller of Currency, United States Treasury, Department of Internal Revenue, Post Office Department, federal courts and registry of federal courts, and to such evidences of indebtedness as adjusted service bonds, matured debts issued prior to 1917, together with interest thereon, postal savings bonds, liberty bonds, victory notes, Treasury bonds, Treasury notes, certificates of indebtedness, Treasury bills, Treasurer's savings certificates, bonuses and adjusted compensation, allotments, postal savings certificates, Farmers Home Administration notes, and all unclaimed refunds or rebates of whatever kind or nature, which are subjects of escheat, under the terms of said sections; provided nothing in [said] sections 3-62b to 3-62g, inclusive, as amended by this act, shall be construed to mean that any funds held or controlled by the United States on October 1, 1969, under order of any court of the United States shall become property of the state.

Sec. 2. Subdivision (1) of subsection (a) of section 4a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) "Person with a disability" means any individual with a disability, excluding blindness, as such term is applied by the Department of Mental Health and Addiction Services, the Department of Developmental Services, the Department of Rehabilitation Services or the [Veterans' Administration] United States Department of Veterans Affairs and who is certified by the Department of Rehabilitation Services as qualified to participate in a qualified partnership, as described in subsections (f) to (m), inclusive, of this section;

Sec. 3. Section 5-224 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Any veteran who served in time of war, if such veteran is not eligible for disability compensation or pension from the United States [through the Veterans' Administration] Department of Veterans Affairs, or the spouse of such veteran who by reason of such veteran's disability is unable to pursue gainful employment, or the unmarried surviving spouse of such veteran, and if such person has attained at least the minimum earned rating on any examination held for an original appointment for the purpose of establishing a candidate list to fill a vacancy in accordance with subsection (d) of section 5-228, shall have five points added to his or her earned rating. Any such veteran, or the spouse of such veteran who by reason of such veteran's disability is unable to pursue gainful employment, or the unmarried surviving spouse of such veteran, if such person is eligible for such disability compensation or pension and if he or she has attained at least the minimum earned rating on any such examination held for an original appointment for the purpose of establishing a candidate list to fill a vacancy in accordance with subsection (d) of section 5-228, shall have ten points added to his or her earned rating. Any person who has been honorably discharged from or released under honorable conditions from active service in the armed forces of the United States, and who has served in a military action for which such person received or was entitled to receive a campaign badge or expeditionary medal, shall have five points added to his or her earned rating if such person has attained at least the minimum earned rating on any such examination held for an original appointment for the purpose of establishing a candidate list to fill a vacancy in accordance with subsection (d) of section 5-228 and such person is not otherwise eligible to receive additional points pursuant to this section. Names of any such persons shall be placed upon the candidate lists in the order of such augmented ratings. Credits shall be based upon examinations with a possible rating of one hundred points.

Sec. 4. Subsection (b) of section 7-313c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) This section shall not apply to any member of a fire department of a town, city or borough receiving educational benefits from the [Veterans' Administration] United States Department of Veterans Affairs or any Connecticut fire department association.

Sec. 5. Section 7-415 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Any veteran who served in time of war, if he or she is not eligible for disability compensation or pension from the United States through the [Veterans' Administration] United States Department of Veterans Affairs and if he or she has attained at least the minimum earned rating on any examination held for the purpose of establishing an employment list for original appointment, shall have five points added to his or her earned rating. Any such veteran, if he or she is eligible for such disability compensation or pension and if he or she has attained at least the minimum earned rating on any such examination, shall have ten points added to his or her earned rating. Names of veterans shall be placed on the list of eligibles in the order of such augmented rating. Credits shall be based upon examinations with a possible rating of one hundred points. No such points shall be added to any earned rating in any civil service or merit examination except as provided in this section, the provisions of any municipal charter or special act notwithstanding.

Sec. 6. Subsection (b) of section 7-436b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Notwithstanding the provisions of subsection (a) of this section, the municipal employer of any member who applies on or after July 1, 1986, for such military service credit shall pay all contributions required under said subsection which are attributable to that portion of the member's military service time during which [he] such member was a prisoner of war, provided such member submits with his or her application for such credit sufficient proof from [the Veterans' Administration of] the United States Department of Veterans Affairs that [he] such member is a former prisoner of war. Any municipal employer which pays the contributions required under this subsection for a member who later receives a retirement allowance for permanent and total disability under this part shall, upon its written request, be refunded all such contributions paid under this subsection, provided such military service credit did not serve to increase the amount of disability retirement benefits for which the member was eligible.

Sec. 7. Subsection (a) of section 10a-166 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any child between the ages of sixteen and twenty-three, inclusive, of any person who served in the armed forces in time of war, as defined in subsection (a) of section 27-103, as amended by this act, and who was killed in action or who died as a result of accident or illness sustained while performing active military duty with the armed forces of the United States or who has been rated totally and permanently disabled by [the Veterans' Administration of] the United States Department of Veterans Affairs, or who is missing in action in Vietnam, if such person was a resident of this state at the time of his induction or reenlistment, shall receive, upon application to and approval of such application therefor by the Board of Regents for Higher Education, state aid for tuition, matriculation fees, board, room rent, books and supplies for such child attending any of the following-named institutions approved by said board: An educational or training institution of college grade or any other institution of higher learning or commercial training, a state college, a technical high school or technical institute or any accredited military preparatory school if such beneficiary is preparing to enter the United States Military Academy at West Point, the United States Naval Academy at Annapolis, the United States Coast Guard Academy at New London or the United States Air Force Academy at Colorado Springs. The application submitted to the Board of Regents for Higher Education shall include an affidavit signed by the applicant which states that the applicant has not applied for and will not apply for or receive state aid from another state which is similar to that provided for in this section. Such grant may be used for the matriculation fees of any such beneficiary at any of said United States government academies. Such aid shall be based on need and shall not exceed four hundred dollars per year for each beneficiary and shall be paid to such institution on vouchers approved by the Board of Regents for Higher Education.

Sec. 8. Subdivisions (20) to (24), inclusive, of section 12-81 of the general statutes, are repealed and the following is substituted in lieu thereof (Effective from passage):

(20) Subject to the provisions hereinafter stated, property not exceeding three thousand dollars in amount shall be exempt from taxation, which property belongs to, or is held in trust for, any resident of this state who has served, or is serving, in the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and (1) has a disability rating by [the Veterans' Administration of] the United States Department of Veterans Affairs amounting to ten per cent or more of total disability, provided such exemption shall be fifteen hundred dollars in any case in which such rating is between ten per cent and twenty-five per cent; two thousand dollars in any case in which such rating is more than twenty-five per cent but not more than fifty per cent; twenty-five hundred dollars in any case in which such rating is more than fifty per cent but not more than seventy-five per cent; and three thousand dollars in any case in which such person has attained sixty-five years of age or such rating is more than seventy-five per cent; or (2) is receiving a pension, annuity or compensation from the United States because of the loss in service of a leg or arm or that which is considered by the rules of the United States Pension Office or the Bureau of War Risk Insurance the equivalent of such loss. If such veteran lacks such amount of property in his or her name, so much of the property belonging to, or held in trust for, his or her spouse, who is domiciled with him or her, as is necessary to equal such amount shall also be so exempt. When any veteran entitled to an exemption under the provisions of this section has died, property belonging to, or held in trust for, his or her surviving spouse, while such spouse remains a widow or widower, or belonging to or held in trust for his or her minor children during their minority, or both, while they are residents of this state, shall be exempt in the same aggregate amount as that to which the disabled veteran was or would have been entitled at the time of his or her death. No individual entitled to exemption under this subdivision and under one or more of subdivisions (19), (22), (23), (25) and (26) of this section shall receive more than one exemption. No individual shall receive any exemption to which he or she is entitled under this subdivision until he or she has complied with section 12-95 and has submitted proof of his or her disability rating, as determined by the [Veterans' Administration of the] United States Department of Veterans Affairs, to the assessor of the town in which the exemption is sought. If there is no change to an individual's disability rating, such proof shall not be required for any assessment year following that for which the exemption under this subdivision is granted initially. If [the Veterans' Administration of] the United States Department of Veterans Affairs modifies a veteran's disability rating, such modification shall be deemed a waiver of the right to such exemption until proof of disability rating is submitted to the assessor and the right to such exemption is established as required initially. Any person who has been unable to submit evidence of disability rating in the manner required by this subdivision, or who has failed to submit such evidence as provided in section 12-95, may, when he or she obtains such evidence, make application to the collector of taxes within one year after he or she obtains such proof or within one year after the expiration of the time limited in section 12-95, as the case may be, for abatement in case the tax has not been paid, or for refund in case the whole tax has been paid, of such part or the whole of such tax as represents the service exemption. Such abatement or refund may be granted retroactively to include the assessment day next succeeding the date as of which such person was entitled to such disability rating as determined by [the Veterans' Administration of] the United States Department of Veterans Affairs, but in no case shall any abatement or refund be made for a period greater than three years. The collector shall, after examination of such application, refer the same, with his recommendations thereon, to the board of selectmen of a town or to the corresponding authority of any other municipality, and shall certify to the amount of abatement or refund to which the applicant is entitled. Upon receipt of such application and certification, the selectmen or other duly constituted authority shall, in case the tax has not been paid, issue a certificate of abatement or, in case the whole tax has been paid, draw an order upon the treasurer in favor of such applicant for the amount without interest which represents the service exemption. Any action so taken by such selectmen or other authority shall be a matter of record and the tax collector shall be notified in writing of such action;

(21) (A) The dwelling house, and the lot whereupon the same is erected, belonging to or held in trust for any person who is a citizen and resident of this state, occupied as such person's domicile, shall be exempt from local property taxation to the extent of ten thousand dollars of its assessed valuation or, lacking said amount in property in such person's own name, so much of the property belonging to, or held in trust for, such person's spouse, who is domiciled with such person, as is necessary to equal said amount, if such person is a veteran who served in the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and has been declared by the United States [Veterans' Administration] Department of Veterans Affairs or its successors to have a service-connected disability from paraplegia or osteochondritis resulting in permanent loss of the use of both legs or permanent paralysis of both legs and lower parts of the body; or from hemiplegia and has permanent paralysis of one leg and one arm or either side of the body resulting from injury to the spinal cord, skeletal structure or brain or from disease of the spinal cord not resulting from any form of syphilis; or from total blindness as defined in section 12-92; or from the amputation of both arms, both legs, both hands or both feet, or the combination of a hand and a foot; sustained through enemy action, or resulting from accident occurring or disease contracted in such active service. Nothing in this subdivision shall be construed to include paraplegia or hemiplegia resulting from locomotor ataxia or other forms of syphilis of the central nervous system, or from chronic alcoholism, or to include other forms of disease resulting from the veteran's own misconduct which may produce signs and symptoms similar to those resulting from paraplegia, osteochondritis or hemiplegia. The loss of the use of one arm or one leg because of service related injuries specified in this subdivision shall qualify a veteran for a property tax exemption in the same manner as hereinabove, provided such exemption shall be for five thousand dollars;

(B) The exemption provided for in this subdivision shall be in addition to any other exemption of such person's real and personal property allowed by law, but no taxpayer shall be allowed more than one exemption under this subdivision. No person shall be entitled to receive any exemption under this subdivision until such person has satisfied the requirements of subdivision (20) of this section. The surviving spouse of any such person who at the time of such person's death was entitled to and had the exemption provided under this subdivision shall be entitled to the same exemption, (i) while such spouse remains a widow or widower, or (ii) upon the termination of any subsequent marriage of such spouse by dissolution, annulment or death and while a resident of this state, for the time that such person is the legal owner of and actually occupies a dwelling house and premises intended to be exempted hereunder. When the property which is the subject of the claim for exemption provided for in this subdivision is greater than a single family house, the assessor shall aggregate the assessment on the lot and building and allow an exemption of that percentage of the aggregate assessment which the value of the portion of the building occupied by the claimant bears to the value of the entire building;

(C) Subject to the approval of the legislative body of the municipality, the dwelling house and the lot whereupon the same is erected, belonging to or held in trust for any citizen and resident of this state, occupied as such person's domicile shall be fully exempt from local property taxation, if such person is a veteran who served in the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and has received financial assistance for specially adapted housing under the provisions of Section 801 of Title 38 of the United States Code and has applied such assistance toward the acquisition or modification of such dwelling house. The same exemption may also be allowed on such housing units owned by the surviving spouse of such veteran (i) while such spouse remains a widow or widower, or (ii) upon the termination of any subsequent marriage of such spouse by dissolution, annulment or death, or by such veteran and spouse while occupying such premises as a residence;

(22) Subject to the provisions of sections 12-89, 12-90 and 12-95, property to the amount of one thousand dollars belonging to, or held in trust for, any surviving spouse while such person remains a widow or widower, or a minor child or both, residing in this state, of one who has served in the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States or of any citizen of the United States who served in the military or naval service of a government allied or associated with the United States, as provided by subdivision (19) of this section, and has died either during his or her term of service or after receiving an honorable discharge therefrom, provided such amount shall be three thousand dollars if death was due to service and occurred while on active duty;

(23) Subject to the provisions of sections 12-89, 12-90 and 12-95, property to the amount of one thousand dollars belonging to, or held in trust for, any surviving spouse, while such spouse remains a widow or widower, resident of this state, of one who has served in the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States, which surviving spouse is receiving or has received a pension, annuity or compensation from the United States;

(24) The exemption from taxation granted by subdivision (22) of this section, to the amount of three thousand dollars allowable to the widow or widower or minor child or both of a veteran whose death was due to service and occurred on active duty shall be granted to any widow or widower drawing compensation from the [Veterans' Administration] United States Department of Veterans Affairs, upon verification of such fact by letter from the [Veterans' Administration] United States Department of Veterans Affairs;

Sec. 9. Subsection (a) of section 12-81g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Effective for the assessment year commencing October 1, 1985, and each assessment year thereafter, any person entitled to an exemption from property tax in accordance with subdivision (19), (20), (21), (22), (23), (24), (25) or (26) of section 12-81, as amended by this act, reflecting any increase made pursuant to the provisions of section 12-62g, shall be entitled to an additional exemption from such tax in an amount equal to twice the amount of the exemption provided for such person pursuant to any such subdivision, provided such person's qualifying income does not exceed the applicable maximum amount as provided under section 12-81l, except that if such person has a disability rating of one hundred per cent as determined by [the Veterans' Administration of] the United States Department of Veterans Affairs, the total of such adjusted gross income, individually, if unmarried, or jointly, if married, in the calendar year ending immediately preceding the assessment date with respect to which such additional exemption is allowed, is not more than twenty-one thousand dollars if such person is married or not more than eighteen thousand dollars if such person is not married. Any claimant who, for the purpose of obtaining an exemption under this section, wilfully fails to disclose all matters related thereto or with intent to defraud makes any false statement shall forfeit the right to claim such additional veteran's exemption.

Sec. 10. Subsection (a) of section 14-21d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Motor Vehicles, at the request of any member or former member of the armed forces, as defined in section 27-103, as amended by this act, who is a former prisoner of war, shall register, without charge, any passenger motor vehicle, camper or passenger and commercial motor vehicle owned or leased by such person, provided no more than two such registrations may be issued to any such person. The commissioner shall issue a special certificate of registration and a number plate or set of number plates in accordance with the provisions of subsection (a) of section 14-21b for each such vehicle. Each application for such special registration and number plate shall be accompanied by proof from [the Veterans' Administration of] the United States Department of Veterans Affairs that such person is a former prisoner of war. The surviving spouse of a former prisoner of war issued such special registration may retain any such registration and number plates without charge for his or her lifetime or until such time as he or she remarries.

Sec. 11. Section 14-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

"Disabled veteran", as used in this section, means any veteran who served in time of war, as defined by section 27-103, as amended by this act, and one or both of whose legs or arms or parts thereof have been amputated or the use of which has been lost or who is blind, or who have traumatic brain injury, or paraplegic or hemiplegic, such disability being certified as service-connected by the [Veterans' Administration] United States Department of Veterans Affairs. The Commissioner of Motor Vehicles, upon application of any disabled veteran accompanied by such certificate of the [Veterans' Administration] United States Department of Veterans Affairs, shall issue without charge a special number plate or set of plates in accordance with the provisions of subsection (a) of section 14-21b to be attached to a passenger motor vehicle owned or operated by such veteran and an identification card to be used in connection therewith. The card shall identify the veteran and the motor vehicle and shall state that such veteran is a disabled veteran qualified to receive the card, that the card, plate or plates shall be returned to the commissioner if the registration of the motor vehicle is cancelled or transferred, that the card is for the exclusive use of the person to whom it is issued, is not transferable and will be revoked if presented by any other person or if any privilege granted under this section is abused. If not so revoked, the card shall be renewable every four years at the time of registration of motor vehicles. No penalty shall be imposed for the overtime parking of any motor vehicle bearing a number plate issued under this section when it has been so parked by the disabled veteran to whom the plate and an identification card were issued or by any person operating such vehicle when accompanied by such veteran, provided the length of time for which such vehicle may remain parked at any one location shall not exceed twenty-four hours. The surviving spouse of a disabled veteran issued such special registration may retain any such registration and number plates without charge for his or her lifetime or until such time as he or she remarries.

Sec. 12. Subdivision (3) of subsection (b) of section 16-262c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(3) As used in this section, (A) "household income" means the combined income over a twelve-month period of the customer and all adults, except children of the customer, who are and have been members of the household for six months or more, and (B) "hardship case" includes, but is not limited to: (i) A customer receiving local, state or federal public assistance; (ii) a customer whose sole source of financial support is Social Security, [Veterans' Administration] United States Department of Veterans Affairs or unemployment compensation benefits; (iii) a customer who is head of the household and is unemployed, and the household income is less than three hundred per cent of the poverty level determined by the federal government; (iv) a customer who is seriously ill or who has a household member who is seriously ill; (v) a customer whose income falls below one hundred twenty-five per cent of the poverty level determined by the federal government; and (vi) a customer whose circumstances threaten a deprivation of food and the necessities of life for himself or dependent children if payment of a delinquent bill is required.

Sec. 13. Subsection (b) of section 16a-22m of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) As used in this section, (1) "eligible residential propane customer" means a residential propane customer (A) who receives local, state or federal public assistance, (B) whose sole source of financial support is Social Security, [Veterans' Administration] United States Department of Veterans Affairs or unemployment compensation benefits, (C) who is head of the household and is unemployed, and the household income is less than three hundred per cent of the poverty level determined by the federal government, (D) who is seriously ill or who has a household member who is seriously ill, (E) whose income falls below two hundred per cent of the poverty level determined by the federal government, or (F) whose circumstances threaten a deprivation of food and the necessities of life for himself or dependent children if payment of a delinquent bill is required; and (2) "household income" means the combined income over a twelve-month period of the customer and all adults, except children of the customer, who are and have been members of the household for six months, or more.

Sec. 14. Subsection (j) of section 17b-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(j) A veteran, as defined in section 27-103, as amended by this act, and any member of his or her family, who applies for or receives assistance under the Medicaid program, shall apply for all benefits for which he or she may be eligible through [the Veterans' Administration or] the United States Department of Veterans Affairs or Department of Defense.

Sec. 15. Section 26-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

No fee shall be charged for any sport fishing license issued under this chapter to any blind person, and such license shall be a lifetime license not subject to the expiration provisions of section 26-35. Proof of such blindness shall be furnished, in the case of a veteran, by the United States [Veterans' Administration] Department of Veterans Affairs and, in the case of any other person, by the Department of Rehabilitation Services. For the purpose of this section, a person shall be blind only if his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if his visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.

Sec. 16. Subsection (a) of section 27-103 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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; (2) "veteran" means any person honorably discharged from, or released under honorable conditions from active service in, the armed forces; (3) "service in time of war" means service of ninety or more cumulative days except, 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 from service earlier because of a service-connected disability rated by the [Veterans' Administration] United States Department of Veterans Affairs, during a period of war; and (4) "period of war" has the same meaning as provided in 38 USC 101, as amended, 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; and Panama, December 20, 1989, to January 31, 1990, and shall include service during such periods with the armed forces of any government associated with the United States.

Sec. 17. Section 27-110 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) When it appears that any veteran is eligible for treatment in a [Veterans' Administration] United States Department of Veterans Affairs facility, and commitment is necessary for the care and treatment of such veteran, the court of probate of the district in which the veteran is found may, upon receipt of a certificate of eligibility from the [Veterans' Administration] 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 [Veterans' Administration] United States Department of Veterans Affairs for hospitalization in a [Veterans' Administration] United States Department of Veterans Affairs facility. Thereafter such veteran, upon admission to any such facility, shall be subject to the rules and regulations of the [Veterans' Administration] United States Department of Veterans Affairs 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 [Veterans' Administration] 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 [Veterans' Administration] 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 [Veterans' Administration] 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 [Veterans' Administration] 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 [Veterans' Administration] United States Department of Veterans Affairs or other agency of the United States pursuant to the original commitment.

Sec. 18. Section 27-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

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

Sec. 19. Subdivision (5) of subsection (a) of section 31-3uu of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(5) "New employee" means a person who (A) was unemployed prior to employment with an eligible business, regardless of whether such person collected unemployment compensation benefits as a result of such unemployment, (B) was a member of the armed forces and was called to active service in support of (i) Operation Enduring Freedom, or (ii) military operations that were authorized by the President of the United States that entail military action against Iraq, and (C) was honorably discharged after not less than ninety days of service in an area designated by the President of the United States by executive order as a combat zone, as indicated on a military discharge document, as defined in section 1-219, unless separated from service earlier because of a service-connected disability rated by the [Veterans' Administration] United States Department of Veterans Affairs. "New employee" does not include a person who was employed in this state by a related person of such eligible business during any of the twelve months prior to employment with the eligible business;

Sec. 20. Subsection (l) of section 36a-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(l) Subject to such regulations and restrictions as the commissioner finds necessary and proper, and subject to the limitations, restrictions and privileges contained in this subsection, Connecticut banks are authorized to make and invest in any loan which the [Administrator of Veterans'] United States Secretary of Veterans Affairs guarantees, makes a commitment to guarantee, or insures pursuant to Title III of an Act of Congress entitled "Servicemen's Readjustment Act of 1944", as amended, without regard to the limitations and restrictions of this title. (1) Each such loan shall be subject to the provisions of this title prescribing the maximum limits, in amount, of: (A) A loan or loans to or total liability of any one individual, and (B) a loan upon the security of real estate, with relation to the appraised value of such real estate. (2) Each such loan shall be secured by a mortgage on real estate, except that a loan pursuant to Section 501, 502 or 503 of the Servicemen's Readjustment Act of 1944, as amended, for the purpose of repairing, altering or improving a building or buildings, and a loan pursuant to Section 505(a) of said act, need not be secured by a lien on real property.

Sec. 21. Subsection (j) of section 36a-457b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(j) Without regard to the limitations and restrictions of this section, a Connecticut credit union may make and invest in any mortgage loan which the [Administrator of Veterans'] United States Secretary of Veterans Affairs guarantees, makes a commitment to guarantee or insures.

Sec. 22. Subdivision (2) of section 36a-615 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) "Loan broker" means any person who: (A) For or in expectation of a fee (i) arranges, negotiates, places, solicits or finds an unsecured loan; (ii) assists or advises a person in obtaining an unsecured loan; or (iii) offers or attempts to engage in the activities described in subparagraph (i) or (ii) of this subdivision; (B) acts for or on behalf of a loan broker; (C) holds himself out to the public generally as a person engaging in the activities described in subdivision (A) of this subsection. A principal, officer, director, partner, joint venturer, manager or other person with similar supervisory or managerial responsibility for persons engaging in the activities described in subdivisions (A) to (C), inclusive, of this subsection shall be deemed to be a loan broker. "Loan broker" shall not include any bank, out-of-state bank, Connecticut credit union, federal credit union, out-of-state credit union, small loan licensee, nondepository mortgage lender, mortgage correspondent lender or mortgage broker, sales finance company, securities broker-dealer or investment adviser, investment company as defined in the Investment Company Act of 1940, as amended from time to time, forwarder of money, trustee under a mortgage or deed of trust of real property, corporation exercising fiduciary powers, money order and travelers check licensee, check cashing licensee, real estate broker or agent, attorney, Federal Housing Authority or [Veterans' Administration] United States Department of Veterans Affairs approved lender, or insurance company; provided any such person or entity so excluded is licensed by and subject to the regulation and supervision of the appropriate regulatory agency of the United States or this state or any other state and is acting within the scope of the license.

Sec. 23. Section 36a-759 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The disability of minority of any person otherwise eligible for a loan, or guaranty or insurance of a loan, pursuant to the act of the Congress of the United States entitled the Servicemen's Readjustment Act of 1944, as from time to time amended, and of the minor spouse or unmarried widow of any eligible veteran, in connection with any transaction entered into pursuant to [that] said act, shall not affect the binding effect of any obligation incurred by such eligible person or spouse or widow as an incident to any such transaction, including incurring of indebtedness and acquiring, encumbering, selling, releasing or conveying property, or any interest therein, if all or part of any such obligation is guaranteed or insured by the federal government or the [Administrator of Veterans'] United States Secretary of Veterans Affairs pursuant to [that] said act; or, if the [administrator] secretary is the creditor, by reason of a loan or a sale pursuant to [that] said act. This section shall not create, or render enforceable, any other or greater rights or liabilities than would exist if such person, such spouse or such widow were not a minor.

Sec. 24. Section 45a-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

When a copy of any probate record is required by the [Veterans' Administration] United States Department of Veterans Affairs to be used in determining the eligibility of any person to participate in benefits made available by the [Veterans' Administration] United States Department of Veterans Affairs, the official charged with the custody of such public record shall, without charge, provide the applicant for such benefits, or any person acting on his or her behalf, or the authorized representative of the [Veterans' Administration] United States Department of Veterans Affairs, with a certified copy of such record.

Sec. 25. Section 45a-593 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The [Administrator of Veterans'] United States Secretary of Veterans Affairs, created by Act of the Congress of the United States, or the [administrator's] secretary's successor, shall be a party in interest in any proceedings brought under any provision of the general statutes for the appointment of a guardian or conservator of a veteran of any war or other beneficiary on whose account benefits of compensation, adjusted compensation, pension or insurance or other benefits are payable by the [Veterans' Administration] United States Department of Veterans Affairs.

(b) The [Administrator of Veterans'] United States Secretary of Veterans Affairs, or the [administrator's] secretary's successor, shall be an interested party in the administration of the estate of any ward or conserved person on whose account the benefits are payable or whose estate includes assets derived from benefits paid by the [Veterans' Administration] United States Department of Veterans Affairs, its predecessor or successor.

(c) Written notice shall be given by regular mail, unless waived in writing, to the division of the office of the [Veterans' Administration] United States Department of Veterans Affairs having jurisdiction over the area in which the court is located, of the time and place for a hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any beneficiary of the [Veterans' Administration] United States Department of Veterans Affairs. Notice shall be mailed in time to reach such office not less than ten days before the date of the hearing or other proceeding.

Sec. 26. Subsection (b) of section 45a-594 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Compensation payable to the conservator or guardian of any veteran or other beneficiary of the [Veterans' Administration] United States Department of Veterans Affairs for administering moneys paid by the United States through the [Veterans' Administration] United States Department of Veterans Affairs, or revenue or profit from any property wholly or partially acquired therewith, shall be based upon services rendered and shall not exceed five per cent of the amount of moneys received during the period covered by the account. If extraordinary services are rendered by any conservator or guardian, the Court of Probate, upon petition and hearing, may authorize reasonable additional compensation. A copy of the petition and notice of hearing shall be given to the proper office of the [Veterans' Administration] United States Department of Veterans Affairs in the manner provided for hearing on other petitions or pleadings filed by such conservators or guardians. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.

Sec. 27. Section 49-22a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

In any action brought for the foreclosure of a mortgage upon land where the court may, in accordance with the provisions of section 49-22, issue execution of ejectment to the plaintiff and the mortgage loan has been guaranteed by the [Administrator of Veterans'] United States Secretary of Veterans Affairs pursuant to Title III of an Act of Congress entitled "Servicemen's Readjustment Act of 1944", the court may issue execution of ejectment to put in possession of such land the [Administrator of Veterans'] United States Secretary of Veterans Affairs, upon the filing by the plaintiff of an affidavit that (1) the guarantee has been honored by the [Administrator of Veterans' Affairs] United States Secretary of Veterans Affairs, (2) the plaintiff's title to the property has been conveyed to the [Administrator of Veterans'] United States Secretary of Veterans Affairs who has become subrogated to all the rights of the plaintiff in the property and (3) the foreclosure judgment has been assigned to the [Administrator of Veterans'] United States Secretary of Veterans Affairs.

Sec. 28. Subsection (a) of section 49-31i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) In determining the restructured mortgage debt, the court shall add the following to the existing principal balance of the mortgage debt: (1) All interest then due the lender and any interest that will be earned to the end of any restructuring period, including interest on any payments advanced by the lender during the restructuring period, such interest to be computed at the rate provided in the mortgage note, (2) real property taxes, (3) premiums for Federal Housing Administration, [Veterans' Administration] United States Department of Veterans Affairs and private mortgage insurance, and (4) court costs, legal fees and any other sums the court determines to be due under the terms of the mortgage indebtedness by the court. The court shall then apply the composite interest rate as provided in subsection (c) of this section to such total restructured debt over the remaining term of the loan.

Sec. 29. Subsection (b) of section 51-49h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Any such judge, any family support magistrate or any compensation commissioner who is a veteran may receive credit for retirement purposes for military service, if such judge, family support magistrate or compensation commissioner makes retirement contributions for each month of military service equal to one-twelfth of five per cent of his first year's salary as a judge, family support magistrate or compensation commissioner multiplied by the total number of months of such military service, except that (1) no retirement contribution shall be made for service as a prisoner of war, and (2) no credit shall be allowed for military service to any such judge, family support magistrate or compensation commissioner who has served less than ten years as a judge, family support magistrate or compensation commissioner, nor for more than fifty per cent of such military service or three years, whichever is less. Service credit for military service for retirement purposes other than service as a prisoner of war shall not be granted until payment of contributions is completed. Any application for military service credit under this section for service as a prisoner of war shall be accompanied by sufficient proof from [the Veterans' Administration of] the United States Department of Veterans Affairs that such judge, family support magistrate or compensation commissioner is a former prisoner of war.

This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	3-62b(5)
Sec. 2	from passage	4a-82(a)(1)
Sec. 3	from passage	5-224
Sec. 4	from passage	7-313c(b)
Sec. 5	from passage	7-415
Sec. 6	from passage	7-436b(b)
Sec. 7	from passage	10a-166(a)
Sec. 8	from passage	12-81(20) to (24)
Sec. 9	from passage	12-81g(a)
Sec. 10	from passage	14-21d(a)
Sec. 11	from passage	14-254
Sec. 12	from passage	16-262c(b)(3)
Sec. 13	from passage	16a-22m(b)
Sec. 14	from passage	17b-261(j)
Sec. 15	from passage	26-29
Sec. 16	from passage	27-103(a)
Sec. 17	from passage	27-110
Sec. 18	from passage	27-129
Sec. 19	from passage	31-3uu(a)(5)
Sec. 20	from passage	36a-261(l)
Sec. 21	from passage	36a-457b(j)
Sec. 22	from passage	36a-615(2)
Sec. 23	from passage	36a-759
Sec. 24	from passage	45a-12
Sec. 25	from passage	45a-593
Sec. 26	from passage	45a-594(b)
Sec. 27	from passage	49-22a
Sec. 28	from passage	49-31i(a)
Sec. 29	from passage	51-49h(b)

Statement of Legislative Commissioners:

In sections 1, 7, 10, 11 and 14, "as amended by this act" was added for clarity and accuracy. In section 18, a phrase was adjusted for consistency.

VA

Joint Favorable Subst. -LCO