2020 -- H 7114 | |
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LC003175 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS' | |
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Introduced By: Representatives Azzinaro, Fellela, Vella-Wilkinson, Casimiro, and | |
Date Introduced: January 15, 2020 | |
Referred To: House Veterans` Affairs | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 30-24-10 of the General Laws in Chapter 30-24 entitled "Rhode |
2 | Island Veterans' Home" is hereby amended to read as follows: |
3 | 30-24-10. Admissible to home -- Fees. |
4 | (a)(1) Any person who has served in the army, navy, marine corps, coast guard, or air |
5 | force of the United States for a period of ninety (90) days or more and that period began or ended |
6 | during any foreign war in which the United States shall have been engaged or in any expedition |
7 | or campaign for which the United States government issues a campaign medal, and who was |
8 | honorably discharged from it not less than two (2) years, and whose service was honorably |
9 | discharged, and any persons who are honorably discharged after completion of at least twenty |
10 | (20) years of service in the Rhode Island National Guard or a reserve component, and who shall |
11 | be deemed to be in need of care provided at the Rhode Island veterans' home, may be admitted to |
12 | that facility subject to such rules and regulations as shall be adopted by the director of human |
13 | services the office of veteran affairs to govern the admission of applicants to the facility. Any |
14 | person who has served in the armed forces of the United States designated herein and otherwise |
15 | qualified, who has served less than the ninety-day (90) two (2) year period described in this |
16 | section, and who was honorably discharged from service, and who, as a result of the service, |
17 | acquired a service-connected disability or disease, may be admitted. For the purpose of |
18 | computing services under this section, honorable service in the active forces or reserves shall be |
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1 | considered towards the twenty (20) years of National Guard services or a reserve component. No |
2 | person shall be admitted to the facility unless the person has been accredited to the enlistment or |
3 | induction quota of the state or has resided in the state for at least two (2) consecutive years next |
4 | prior to the date of the application for admission to the facility. |
5 | (2) One year after passage of this subsection, war veterans, defined as any veteran of any |
6 | conflict or undeclared war who has earned a campaign ribbon, service medal, or expeditionary |
7 | medal for service in either a declared or undeclared war as noted on the veterans' DD-214, shall |
8 | be given priority for admission above all other eligible veterans. The director shall maintain two |
9 | (2) separate waiting lists, one for war veterans and one for non-war veterans. No non-war veteran |
10 | may be admitted until the waiting list of war veterans is depleted. Veterans on the waiting list on |
11 | the effective date of this subsection shall remain eligible for admission. |
12 | (b)(1) The director shall, at the end of each fiscal year, determine the net, per-diem |
13 | expenses of maintenance of residents in the facility and shall assess against each resident who has |
14 | "net income", as defined in this section, a fee equal to eighty percent (80%) of the resident's net |
15 | income, provided that fee shall not exceed the actual cost of care and maintenance for the |
16 | resident; and provided that an amount equal to twenty percent (20%) of the maintenance fee |
17 | assessed shall be allocated to, and deposited in, the veterans' restricted account. For the purposes |
18 | of this section, "net income" is defined as gross income minus applicable federal and state taxes |
19 | and minus: |
20 | (i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty |
21 | percent (50%) of any sum received due to wounds incurred under battle conditions for which the |
22 | resident received the purple heart; and |
23 | (ii) The amount paid by a resident for the support and maintenance of his or her spouse, |
24 | parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as |
25 | defined in title XVI of the Federal Social Security Act, 42 U.S.C. ยงยง 1381 -- 1383d, subject to a |
26 | maximum amount to be determined by rules and regulations as shall be adopted by the director. |
27 | (2) The fees shall be paid monthly to the home and any failure to make payment when |
28 | due shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded |
29 | administrative due process. |
30 | (c) Admissions to the veterans' home shall be made without discrimination as to race, |
31 | color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender |
32 | identity or expression, assets, or income. |
33 | (d) Laundry services shall be provided to the residents of the Rhode Island veterans' |
34 | home at no charge to the residents, with such funds to cover the cost of providing laundry |
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1 | services for residents of the Rhode Island veterans' home derived from monies appropriated to the |
2 | department of human services. |
3 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS' | |
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1 | This act would change the service eligibility requirement for a veteran to be granted |
2 | admission into the Rhode Island Veterans' Home from ninety (90) days to two (2) years, and one |
3 | (1) year after passage would place veterans who are defined as war veterans based on their DD- |
4 | 214 on a separate waiting list for admission to the Veterans' Home before non-war veterans. |
5 | This act would take effect upon passage. |
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