SENATE DOCKET, NO. 1564        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1749

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael F. Rush

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the term "Gold Star" and for related purposes.

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PETITION OF:

SENATE DOCKET, NO. 1564        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1749

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to the term "Gold Star" and for related purposes.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  (a) Section 7 of chapter 4 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition “Active service in the armed forces” in line 389, the following definitions:-

“military duty”, full-time duty in the active military service of the United States, regardless of duration or purpose.  Active military service includes full-time training duty; annual training duty; and attendance, while in the active military service, at a school designated as a Service school by law or by the Secretary of the Department of Defense concerned. For the purposes of this section, military duty shall also include full-time National Guard or Reserve Duty. Any member of the armed forces, reserve component of the armed forces, or National Guard shall also be considered on military duty who is on inactive duty training, funeral honors duty, traveling directly to or from such active or inactive duty or training, or while training before the commencement of military assignment or between successive periods of such active or inactive duty.

“Gold Star”, the status of any member of the armed forces, reserve component of the armed forces, or National Guard who was deceased due to an injury, illness, or disease not due to gross negligence or misconduct of the member, which was incurred or aggravated while serving on military duty.

SECTION 2. (a) Section 1 of chapter 90, as appearing in the 2010 Official Edition of the General Laws, is hereby amended by inserting after the definition of “Intersecting way” the following definition:-

“Killed in action”, a casualty classification determined by the United States Department of Defense when a member of the armed forces of the United States has been killed while performing military operations while serving outside the United States in a conflict recognized by the Department of Defense.  

(b) Section 2 of chapter 90, as appearing in the 2010 Official Edition, is hereby amended by striking out the twentieth paragraph in lines 441 through 449, inclusive, and inserting in place thereof the following:

“The registrar shall furnish without charge to owners of private passenger motor vehicles who are “Gold Star” parents, children, siblings, grandchildren or spouses of members of the military, upon presentation of satisfactory evidence of such status as determined by the registrar, distinctive registration plates that read "Gold Star Family'' for one private passenger motor vehicle owned and principally used by such persons or a distinctive "Gold Star Family'' emblem to be affixed to a registration plate for a motorcycle privately owned and principally used by such persons.  Provided further, Gold Star parents, children, siblings, grandchildren or spouses of members of the military that were killed in action or otherwise died as a result of immediate injuries sustained from such action shall have a “KIA” designation on the “Gold Star Family” emblem affixed to a registration plate for a private passenger motor vehicle or motorcycle privately owned and principally used by such persons. The registrar shall furnish at no additional cost a “KIA” designation on any previously issued “Gold Star” registration plate for individuals who meet the requirements of this section.”