CHAPTER 506
VETERANS

PART I
DEPARTMENT OF VETERANS' AFFAIRS

      Sec. 27-102l. Department of Veterans' Affairs. Veterans' Home to be within department. Veterans' advocacy and assistance unit. Staff. Powers and duties. Regulations. (a) There shall be a Department of Veterans' Affairs. The Veterans' Home shall be within the department and shall be 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) The commissioner may appoint a unit head to administer a veterans' advocacy and assistance unit for the aid and benefit of veterans, their spouses and eligible dependents and family members. The unit shall have a staff of not less than eight men and women, including six service officers, and clerical personnel. The unit head and the service officers shall be veterans, as defined in section 27-103, or veterans who were awarded the armed forces expeditionary medal for service by the armed forces. At least one of the 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 service officer position occurring on or after July 1, 2007, at least one of the service officers shall be an individual having bilingual proficiency in English and Spanish, within existing authorized positions. Each service officer shall successfully complete a course in veterans' benefits within one year of commencement of employment and shall be assigned to one of the five congressional districts of the state.

      (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.

      (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' Home, a per diem fee schedule for programs, services and benefits provided by the Veterans' Home, and the participation of eligible family members in programs or services provided by the home.

      (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.)

      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.

      Sec. 27-102m. Commissioner to investigate complaints re conduct or treatment of veterans or family members. The commissioner, in his discretion, shall investigate all complaints made to him 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 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 discretion, cause the offender to be prosecuted, disciplined or dismissed and shall order such remedial action as he 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.)

      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. The board shall be comprised of the commissioner and sixteen 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 World War II, the Korean hostilities and the Vietnam era. Members shall be appointed as follows: Ten by the Governor who shall serve at the pleasure of the Governor and one member 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. 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.

      (b) The board shall meet at least quarterly and upon the call of the commissioner. A majority of the members shall constitute a quorum.

      (c) The board shall advise and assist the commissioner in the operation of the Veterans' Home, the veterans' advocacy and assistance unit, the administration, expansion or modification of existing programs and services of the department and the development of new programs and services.

      (d) The board shall review and approve any regulations prior to adoption by the commissioner concerning: (1) Procedures relating to admission and discharge or transfer of veterans in the home; (2) a per diem fee schedule for programs, services and benefits provided therein; and (3) the participation of eligible family members in programs or services provided by the home.

      (e) The board shall submit an annual report to the Governor, the joint standing committee of the General Assembly having cognizance of matters relating to public safety and 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 its activities with its 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.)

      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.

      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.)

      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.)

PART Ia
GENERAL PROVISIONS

      Sec. 27-103. Definitions. (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 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, 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, February 1, 1987, to July 23, 1987; 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.

      (b) As used in this part, "home" means the Veterans' Home maintained by the state; "hospital" means any incorporated hospital or tuberculosis sanatorium in the state and any state chronic disease hospital, mental hospital or training school for the mentally retarded, "veteran" means any veteran who served in time of war, as defined in subsection (a) of this section, and who is a resident of this state, provided, if he was not a resident or resident alien of this state at the time of enlistment or induction into the armed forces, he shall have resided continuously in this state for at least two years; "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.

      (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.)

      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).

      See Secs. 5-180 and 5-196(29) for modification of the definition of war service during World War II for purposes of the State Employees Retirement Act and the State Personnel Act.

      Secs. 27-104, 27-104a and 27-105. Veterans' Home and Hospital Commission. Civil actions, claims and demands against commission members or employees; immunity; indemnification; representation by Attorney General. Officers; treasurer. Sections 27-104, 27-104a and 27-105 are repealed.

      (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.)

      Sec. 27-106. Duties of commissioner re Veterans' Home. Expenditures from institutional general welfare fund regulated. (a) The commissioner 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 patients in the Veterans' Home, and shall discipline or dismiss any officer or patient of the home who disobeys or infringes upon such rules. The commissioner shall appoint, subject to the provisions of chapter 67, such officers and employees as are necessary for the administration of the affairs of the home, shall prescribe the relative rank, if any, of such officers and employees, and shall commission each such officer, who shall wear such uniform, if any, as is prescribed by the commissioner.

      (b) 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 which, in the opinion of the commissioner and the board of trustees for the department appointed pursuant to section 27-102n, directly benefit veterans or the Veterans' Home are permitted.

      (c) 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.

      (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.)

      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 years; 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.

      Sec. 27-106a. Facility licensure applications administered 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 Veterans' Home may retain such home's chronic disease hospital license.

      (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 Veterans' Home 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, the Veterans' Home 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.)

      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).

      Sec. 27-107. State police duty. Regulation of traffic at Veterans' Home. (a) The Commissioner of Public Safety shall assign one or more state policemen for duty at the home as may be requested by the commissioner.

      (b) The commissioner, subject to the approval of the State Traffic Commission, may prohibit, limit, restrict or regulate the parking of vehicles, may determine speed limits, may restrict roads or portions thereof to one-way traffic and may designate the location of crosswalks on any portion of any road or highway upon the grounds of the Veterans' Home, and may 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.)

      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.

      Sec. 27-108. Admission to Veterans' Home or hospital. Discharge. Transfer. Payment. (a) Any veteran, as defined in subsection (a) of section 27-103, and who meets active military, naval or air service requirements, as defined by 38 USC 101, may apply for admission to the home; and any such veteran who, from disease, wounds or accident, needs medical or surgical care and treatment or who has become mentally ill and who has no adequate means of support, 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.

      (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, may apply for admission to the home.

      (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 home or to a hospital, 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 the home or such hospital. No veteran so admitted shall be discharged from the home except upon the approval of the commissioner or his or her designee. The commissioner shall have sole power to remove any veteran whose care and treatment is paid for by the state from any hospital to another 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 Veterans' Home 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 Veterans' Home 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.)

      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.

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

      Sec. 27-109. Hospital care. Any hospital, upon request of the commissioner, 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.

      (1949 Rev., S. 2930; P.A. 88-285, S. 9, 35; P.A. 04-169, S. 9.)

      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.

      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.

      (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.)

      History: June Sp. Sess. P.A. 07-2 effective July 1, 2008.

      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 Veterans' Administration 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, and if the veteran is adjudged mentally ill in accordance with law, direct such veteran's commitment to the Veterans' Administration for hospitalization in a Veterans' Administration facility. Thereafter such veteran, upon admission to any such facility, shall be subject to the rules and regulations of the Veterans' Administration 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 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 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 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 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 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.)

      History: P.A. 04-169 made technical changes, effective June 1, 2004.

      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.)

      Sec. 27-115a. Appropriation. Obsolete.

      (1967, P.A. 843, S. 2.)

      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.)

      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.)

      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, 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.)

      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).

      Sec. 27-118. Burial expenses. When any veteran dies, not having sufficient estate to pay the necessary expenses of the veteran's last sickness and burial, as determined by the commissioner after consultation with the probate court for the district in which the veteran resided, the state shall pay the sum of one thousand eight hundred dollars toward such funeral expenses, and the burial shall be in some cemetery or plot not used exclusively for the burial of the pauper dead, and the same amount shall be paid if the body is cremated, but no amount shall be paid for the expenses for burial or cremation unless claim therefor is made within one year from the date of death, except that in cases of death occurring abroad, such claim may be made within one year after the remains of such veteran have been interred in this country. No provision of this section shall prevent the payment of the sum above named for the burial of any person, otherwise entitled to the same, on account of such burial being made outside the limits of this state. Upon satisfactory proof by the person who has paid or provided for the funeral or burial expense to the commissioner of the identity of the deceased, the time and place of the deceased's death and burial and the approval thereof by the commissioner, said sum of one thousand eight hundred dollars shall be paid by the Comptroller to the person who has paid the funeral or burial expense or, upon assignment by such person, to the funeral director who has provided the funeral. Whenever the Comptroller has lawfully paid any sum toward the expenses of the burial of any deceased veteran and it afterwards appears that the deceased left any estate, the Comptroller may present a claim in behalf of the state against the estate of such deceased veteran for the sum so paid, and the claim shall be a preferred claim against such estate and shall be paid to the Treasurer of the state. The commissioner, upon the advice of the Attorney General, may make application for administration upon the estate of any such deceased veteran if no other person authorized by law makes such application within sixty days after such payment has been made by the Comptroller.

      (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.)

      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.

      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.)

      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.

      Contract for headstones made under former statute held discharged by second contract. 124 C. 304. 1937 change in statute discussed. 5 CS 495.

      Sec. 27-119a. Markers for graves of colonial and Revolutionary War veterans. The commissioner 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.)

      History: P.A. 88-285 replaced veterans' home and hospital commission with commissioner.

      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 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.)

      History: P.A. 88-285 replaced veterans' home and hospital commission with commissioner.

      Cited. 124 C. 306.

      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 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 said 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.)

      History: P.A. 88-285 replaced veterans' home and hospital commission with commissioner.

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

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

      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.)

      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.

      Sec. 27-122b. Eligibility for burial in veterans' cemetery. Consecrated area designation. (a) As used in this section, "veteran" means any person (1) honorably discharged from, or released under honorable conditions from, 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; (2) who has completed at least twenty years of service in the Connecticut National Guard; or (3) who 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, 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, 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 veteran buried in said veterans' cemetery, and, in either case, such request shall be granted.

      (d) The spouse of any veteran 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.

      (e) The commissioner shall designate an area in said veterans' cemetery for veterans 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.)

      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.

      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.)

      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.

      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 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 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 duties.

      (1949 Rev., S. 2945; 1957, P.A. 163, S. 33; P.A. 74-321, S. 18; P.A. 88-285, S. 21, 35.)

      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.

      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.

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

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

      Sec. 27-128. Governor authorized to transfer moneys between veterans' funds. The Governor may transfer, from time to time, as may be found expedient, funds existing in the Soldiers, Sailors and Marines Fund and funds of the Veterans' Home 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.)

      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).

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

      (1953, S. 1645d.)

      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.

      Sec. 27-131. Preservation of Spanish War records. (a) The Commissioner of Public Works 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.

      (c) Appropriations for this purpose shall not exceed twenty-five hundred dollars annually.

      (1949 Rev., S. 2949; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 97, 110.)

      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).

      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.)

      Sec. 27-134. Copies of statutes for veterans' organizations. The Secretary of the State shall 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.)

      Sec. 27-135. Local veterans' advisory committees. 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 (a) 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; (b) 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; (c) use the services and facilities of the veterans organizations so far as possible to carry out the purposes of this section; and (d) encourage and coordinate vocational training services for veterans.

      (1949, S. 1647d; 1957, P.A. 13, S. 78.)

      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 by section 27-103, are engaged involve his 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.)

      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.

PART II
SOLDIERS, SAILORS AND MARINES FUND

      Sec. 27-138. Custody and administration of Soldiers, Sailors and Marines Fund. 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 treasurer of 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 part I of chapter 32. The interest accumulations of the fund so held in trust or so much thereof as is found necessary to carry out the purposes hereinafter stated shall be paid, upon the order of the Comptroller, upon such statements as the Comptroller may require, to the treasurer of the American Legion, who shall disburse the same, and the balance of said accumulations, except for a reserve of one hundred thousand dollars held in custody of the trustee for contingent purposes, shall at the end of each fiscal year be added to the principal of the fund. If the interest accumulations of the fund, together with available appropriations, if any, of other funds, are insufficient to carry out the purposes of this part, the Finance Advisory Committee, upon recommendation of the Governor, shall make appropriations therefor from the state General Fund, limited, however, for any fiscal year to amounts which, together with said interest accumulations for such year, shall not exceed the annual interest on thirty-five million dollars at the average rate of the investment yield earned during the preceding fiscal year on the Soldiers, Sailors and Marines Fund, provided, in case of disaster constituting an emergency, as declared by the Governor, the Finance Advisory Committee may make additional appropriations to the fund without regard to such limitation. Payments to the treasurer of 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 payment shall be made upon the order of the treasurer of the American Legion, approved by at least two of its executive officers or of a special committee thereof thereunto specially authorized. No part of the interest accumulation of the fund shall be expended for the purpose of maintaining the American Legion.

      (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.)

      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.

      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.

      Sec. 27-138a. Regulations and applications to be available at town clerks' offices. The treasurer of the American Legion as administrator of the Soldiers, Sailors and Marines Fund may make available at each town clerk's office a copy of the regulations of the fund and applications for aid from the fund.

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

      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.

      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 ten 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 of the hearing shall be made. 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.)

      History: (Revisor's note: In 2005 the Revisors editorially deleted the apostrophe from "Marines" in name of fund).

      Sec. 27-138c. Hearing on denial of aid. 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 the Adjutant General or his or her designee, the Attorney General or his or her designee, and the Commissioner of Veterans' Affairs or his or her designee. 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 pursuant to the provisions of chapter 54.

      (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.)

      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.

      Sec. 27-138d. Expenses incurred in connection with premises used by fund administrator. Notwithstanding the provisions of section 4b-12 or 27-138, the expenses incurred by the state in connection with the supervision, care and control of the premises used by the administrator of the Soldiers, Sailors and Marines Fund for the purposes of this part shall be charged against the interest accumulations of said fund, as appropriated to the Soldiers, Sailors and Marines Fund.

      (P.A. 76-434, S. 10, 12.)

      History: (Revisor's note: In 2005 the Revisors editorially deleted the apostrophe from "Marines" in name of fund).

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

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

      Sec. 27-140. Expenditure. Accounting. All money so paid to and received by the American Legion shall be expended by it in furnishing food, wearing apparel, medical or surgical aid or care or relief to, or in bearing the funeral expenses of, soldiers, sailors or marines who performed service in time of war, as defined in subsection (a) of section 27-103, in any branch of the military service of the United States, including the Connecticut National Guard, or 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, who have been honorably discharged therefrom or honorably released from active service therein, and 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, or to their spouses who are living with them, or to their widows or widowers who were living with them at the time of death, or 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 Veterans' Home, unless special care and treatment are required, when such sum as may be determined by the treasurer of such organization may be paid therefor. The treasurer of such organization shall account to the Governor and the General Assembly during the months of January, April, July and October for all moneys disbursed by it during the three months next preceding the first day of either of said months, and such account shall show the amount of and the name and address of each person to whom such aid has been furnished. 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.)

      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.

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.)

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.)

PART IIIb
BONUS FOR VETERANS OF WORLD WAR I

      Secs. 27-140o to 27-140y. Definitions. Bonus amount. Duties and powers of State Treasurer. Payment of expenses. Application on behalf of incapable veteran. Compensation prohibited, when. Right or payment not subject to claims or deemed assets under public assistance programs. Payment to surviving spouse. Appeals; procedure. False statement, penalty. Bonds. Sections 27-140o to 27-140y, inclusive, are repealed, effective October 1, 2002.

      (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.)

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

PART IV*
VIETNAM HERBICIDES INFORMATION COMMISSION

      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.

      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.

      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.)

      History: P.A. 87-543 amended Subsec. (a) to make commission advisory only.

      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.)

      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.

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

      Sec. 27-140ee. Report by physician or hospital to commission. Disclosure of information. (a) A physician 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 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 or 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 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.)

      History: P.A. 87-543 amended Subsec. (a) by changing reference from commission to department of veterans' affairs for consistency with statutory changes.

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.)

PART VI
DEPLETED URANIUM EXPOSURE

      Sec. 27-140ii. Assistance to members of the Connecticut National Guard and veterans to obtain federal treatment services for depleted uranium exposure. Report re adequacy of training and feasibility of predeployment training. (a) As used in this section:

      (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.)

      History: June Sp. Sess. P.A. 05-3 effective June 30, 2005.