Bill S.2315

SENATE DOCKET, NO. 2188 FILED ON: 1/20/2023

SENATE . . . . . . . . . . . . . . No. 2315

By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2315) of John J. Cronin for legislation to modernize chapter 115. Veterans and Federal Affairs.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to modernize chapter 115.

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. Section 1 of chapter 115, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 3, the words ““Commissioner”, commissioner of veterans’ services” and inserting in place thereof the following definitions:-

“Secretary”, Secretary of veterans’ services.

“Commissioner”, commissioner of the City of Boston’s office of veterans’ services.

SECTION 2. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 7 the word “his” and inserting in place thereof, in each instance, the following words:- the veteran’s.

SECTION 3. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 10, 12, and 47 the words “he is” and inserting in place thereof, in each instance, the following words:- they are.

SECTION 4. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 11 the word “himself” and inserting in place thereof, in each instance, the following word:- themself.

SECTION 5. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 36 and 42, the words “he has” and inserting in place thereof, in each instance, the following words:- they have.

SECTION 6. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 11, 24, and 25, the word “his” and inserting in place thereof, in each instance, the following word:- their.

SECTION 7. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 12, the word “he” and inserting in place thereof, in each instance, the following word:- they.

SECTION 8. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 13 the word “is” and inserting in place thereof, in each instance, the following words:- are.

SECTION 9. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 25, the words “he applies” and inserting in place thereof, in each instance, the following words:- they apply.

SECTION 10. Section 1 of chapter 115, as so appearing, is hereby amended by striking out, in line 20, the words “provided, however, that any such person who enters”.

SECTION 11. Section 1 of chapter 115, as so appearing, is hereby amended by striking out, in line 21, the words “the commonwealth solely for the purpose of obtaining benefits under”.

SECTION 12. Section 1 of chapter 115, as so appearing, is hereby amended by striking out, in line 22, the words “this chapter shall not be considered to reside in the commonwealth;”.

SECTION 13. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 27, the words “sanatorium or wayfarer’s lodge,”.

SECTION 14. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 28 the word “convalescent” and inserting in place thereof the following words:- rehabilitation program.

SECTION 15. Section 1 of said chapter 115, as so appearing, is hereby amended by inserting, in line 52, after the word “Veterans’ agent” the following words:-

Or “Veterans’ Service Officer (VSO)” or “Veterans’ benefits and services officers”

SECTION 16. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 1, 18, 24, 29, 55, 57, 69, 132, 144, and 151, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 17. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 2, 80, and 119, the words “veterans’ agents” and inserting in place thereof, in each instance, the following words:- veterans service officer.

SECTION 18. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 21, 72, and 150, the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans service officer.

SECTION 19. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 6, 18, 78, and 144 the word “his” and inserting in place thereof, in each instance, the following words:- the secretary’s.

SECTION 20. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 8, 12, 13, 14, 20, 59, 63, 72, 78, 98, 112, 117, 119, 123, 125, 127, 131, 134, and 141, the word “he” and inserting in place thereof, in each instance, the following words:- the secretary.

SECTION 21. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 12, 61, 68, 78, 85, 93, 107, 112, 113 the word “him” and inserting in place thereof, in each instance, the following words:- the secretary.

SECTION 22. The first sentence of paragraph 3 of section 2 of chapter 115, as so appearing, is hereby amended by inserting after the word "towns” the following words:- cities, or regional districts.

SECTION 23. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 74 the word “his” and inserting in place thereof, in each instance, the following words:- the veteran’s.

SECTION 24. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 74 the words “wife or widow” and inserting in place thereof, in each instance, the following words:- spouse or surviving spouse.

SECTION 25. Section 2 of chapter 115, as so appearing, is hereby amended by striking out, in line 21, the word “or”.

SECTION 26. Section 2 of chapter 115, as so appearing, is hereby amended by striking out, in line 22, the words “part-time veterans’ agent”.

SECTION 27. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 23 the words “claimant veterans’ agent or part-time veterans’ agent” and inserting in place thereof the following word:- person.

SECTION 28. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 44 the word “his” and inserting in place thereof, in each instance, the following words:- the person’s.

SECTION 29. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 108, the word “inmates” and inserting in place thereof the following words:- inhabitants.

SECTION 30. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 93 the word “his” and inserting in place thereof, in each instance, the following words:- the recipient or applicant’s.

SECTION 31. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 93, the word “his” and inserting in place thereof, in each instance, the following words:- the recipient or applicant’s.

SECTION 32. Section 2 of chapter 115, as so appearing, is hereby amended by striking out, in line 120, the words “and of the directors of veterans’ services of the”.

SECTION 33. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 121, the words “various cities, towns, and” and inserting in place thereof the following words:- or regional.

SECTION 34. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 122, the word “in” and inserting in place thereof the following word:- on.

SECTION 35. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 146, the word “chairman” and inserting in place thereof the following word:- chairperson.

SECTION 36. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 147, the word “his” and inserting in place thereof the following words:- the chairperson’s.

SECTION 37. Section 2A of said chapter 115, as appearing, is hereby amended by striking out, in lines 1 and 16, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 38. Section 2A of said chapter 115, as appearing, is hereby amended by striking out, in lines 2, 4, 6, 7, and 11, the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans service officer.

SECTION 39. Section 2A of chapter 115, as so appearing, is hereby amended by striking out, in line 17, the words “on a petition in”.

SECTION 40. Section 2A of chapter 115, as so appearing, is hereby amended by striking out, in line 18, the word “equity”.

SECTION 41. Section 2B of said chapter 115, as appearing, is hereby amended by striking out, in line 3, the words “status as veterans” and inserting in place thereof following words:- history of military service.

SECTION 42. Section 2B of said chapter 115, as appearing, is hereby amended by striking out, in lines 5 and 6, the word “affairs” and inserting in place thereof, in each instance, the following word:- services.

SECTION 43. Section 2B of said chapter 115, as appearing, is hereby amended by striking out, in lines 6 and 7, the word “his” and inserting in place thereof, in each instance, the following words:- the secretary’s.

SECTION 44. Section 3 of said chapter 115, as appearing, is hereby amended by striking out, in lines 2, 4, 6, 8, 10, and 20 the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans service officer.

SECTION 45. Section 3 of said chapter 115, as appearing, is hereby amended by striking out, in line 1, the words “except Boston, shall and the selectmen”.

SECTION 46. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in line 2, the words “of each town may” and inserting in place thereof the following words:- or town shall.

SECTION 47. The second sentence of section 3 of chapter 115 of the General Laws, as so appearing, is hereby amended by inserting after the word “selectmen” the following words:- form a regional district in accordance with the procedures established by the secretary and.

SECTION 48. Section 3 of said chapter 115, as so appearing, is hereby further amended by striking out, in line 15, the words “his wife or widow” and inserting in place thereof the following words:- the veterans’ spouse, or surviving spouse.

SECTION 49. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in line 16, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 50. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 17, 22, and 24 the word “him” and inserting in place thereof, in each instance, the following word:- the secretary.

SECTION 51. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in line 21, the word “his” and inserting in place thereof the following words:- the veteran’s.

SECTION 52. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in line 21, the word “he” and inserting in place thereof the following words:- the veteran.

SECTION 53. The first sentence of section 3A of chapter 115 of the General Laws, as so appearing, is hereby amended by inserting after the word “photostatic” the following words:- or electronic.

SECTION 54. The title of section 3A of chapter 115 of the General Laws, as so appearing, is hereby amended by inserting after the word “photostatic” the following words:- or electronic.

SECTION 55. Section 4 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 3, 4, and 8 the word “his” and inserting in place thereof, in each instance, the following word:- their.

SECTION 56. Section 4 of said chapter 115, as so appearing, is hereby amended by striking out, in line 5, 8, and 11, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 57. Section 4 of said chapter 115, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Veteran service officer shall complete applications authorized by the department of transitional assistance and division of medical assistance for any veteran, widow and dependent applying for veterans benefits or for medical assistance under chapters one hundred and 117A, one hundred and eighteen, and one hundred and eighteen E if agreed to by an applicant. The veterans agent shall file the application for the veteran if the veteran selects assistance under said chapter one hundred and eighteen E. The application shall be processed through the said departments. Veterans agents shall advise of their entitlement to veterans benefits or benefits from public assistance.

SECTION 58. Section 5 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 12, 27, 29, 60, 70, 82, 84, 86, 99, and 108 the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 59. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 2 and 3, the word “he” and inserting in place thereof, in each instance, the following words:- the veteran.

SECTION 60. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 6 and 9, the words “three years” and inserting in place thereof, in each instance, the following words:- one day.

SECTION 61. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

No veteran who is or shall otherwise be entitled to veterans' benefits shall lose their right thereto by reason of their absence from the commonwealth while receiving hospital treatment, under orders of the United States Veterans' Administration, at any hospital located outside the commonwealth, nor shall the right of their dependents thereto be lost while they are actually receiving such hospital treatment by reason of their absence from the commonwealth to accompany them.

SECTION 62. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 4, 15, and 25, the word “his” and inserting in place thereof, in each instance, the following words:- the veteran.

SECTION 63. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in line 23, the word “himself” and inserting in place thereof, in each instance, the following word:- themself.

SECTION 64. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in line 5, the words “he has” and inserting in place thereof, in each instance, the following words:- they have.

SECTION 65. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 60, 69, and 85 the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans’ service officer.

SECTION 66. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in line 7, the words “he is” and inserting in place thereof, in each instance, the following words:- they are.

SECTION 67. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 7, 24, 56, 62, 63, 87, and 95, the words “his” and inserting in place thereof, in each instance, the following words:- their.

SECTION 68. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 21, 25, and 71, the words “him” and inserting in place thereof, in each instance, the following word:- them.

SECTION 69. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in line 100, the word “him” and inserting in place thereof, in each instance, the following words:- the secretary.

SECTION 70. Section 5A of said chapter 115, as so appearing, is hereby amended by striking out, in lines 5, 20, 25, 42, 48 the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans’ service officer.

SECTION 71. Section 5A of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 39, 43, 44, 45, 48, and 50, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 72. Section 5A of said chapter 115, as so appearing, is hereby amended by striking out, in line 32, the word “him” and inserting in place thereof, in each instance, the following word:- them.

SECTION 73. Section 5A of said chapter 115, as so appearing, is hereby amended by striking out, in lines 43 and 45, the word “his” and inserting in place thereof, in each instance, the following word:- their.

SECTION 74. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 9, 11, 13, and 17, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 75. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in line 3, the word “him” and inserting in place thereof, in each instance, the following words:- said applicant.

SECTION 76. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 11 and 12, the word “him” and inserting in place thereof, in each instance, the following word:- them.

SECTION 77. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 14 and 18, the word “he” and inserting in place thereof, in each instance, the following words:- the secretary.

SECTION 78. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in line 12, the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans’ service officer.

SECTION 79. Section 6A of said chapter 115, as so appearing, is hereby amended by striking out, in line 3, the words “clause forty third of section 7 of chapter 4” and inserting in place thereof, in each instance, the following words:- the 43rd clause, Chapter 4, Section 7.

SECTION 80. Section 6A of said chapter 115, as so appearing, is hereby amended by striking out, in line 28, the word “his” and inserting in place thereof, in each instance, the following words:- the veteran’s.

SECTION 81. Section 7 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 3 and 12, the word “he” and inserting in place thereof, in each instance, the following word:- they.

SECTION 82. Section 7 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 4 and 13, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 83. Section 7 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 7 and 16, the word “his” and inserting in place thereof, in each instance, the following word:- their.

SECTION 84. Section 7 of said chapter 115, as so appearing, is hereby further amended by striking out, in line 7, the words “his wife, or his widow” and inserting in place thereof the following words:- their spouse, or their widow.

SECTION 85. Section 8 of chapter 115, as so appearing, is hereby amended by striking out, in lines 24, 25, 26, and 28, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.

SECTION 86. Section 9 of chapter 115, as so appearing, is hereby amended by striking out, in line 26, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 87. Section 10 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 22 and 29, the word “his” and inserting in place thereof, in each instance, the following word:- their.

SECTION 88. Section 11 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 2 and 5 and 22, the word “his” and inserting in place thereof, in each instance, the following word:- their.

SECTION 89. Section 12 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 8, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 90. Section 13 of said chapter 115, as so appearing, is hereby amended by inserting before the first paragraph the following paragraph:-

Said departments shall coordinate with the department of transitional assistance to identify and contact all known veterans receiving public safety net benefits residing in Massachusetts who may be eligible for Chapter 115 benefits. They shall also publish online sub-regulatory guidance and application forms and make publicly available issue notices of action and public information that outline budgeting and benefit calculations.

SECTION 91. Section 14 of said chapter 115, as so appearing, is hereby further amended by striking out, in line 2, the word “commissioner” and inserting in place thereof the following word:- secretary.

SECTION 92. Section 15 of said chapter 115, as so appearing, is hereby amended by striking out, in line 4, the word “he” and inserting in place thereof the following word:- they.

SECTION 93. Section 15 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 4 and 11, the word “his” and inserting in place thereof, in each instance, the following word:- their.

Name:	District/Address:
John J. Cronin	Worcester and Middlesex
Steven George Xiarhos	5th Barnstable	6/8/2023