Chapter 115-A: Aid for Veterans' Programs

To address the needs of the veterans and their dependents or survivors in the state and to continue, when required, bonuses previously paid from the Vietnam veterans' bonus fund, the general court deems it in the best interest of the state to establish a program for these causes.

In this chapter:

I. "Adjutant general" means the adjutant general of New Hampshire as defined in RSA 110-B.

II. "Uniformed forces of the United States" means the army, navy, air force, marine corps, coast guard, and any women's auxiliary services to such forces, the members of which are subject to and under military law.

III. "Child" means a legitimate child or a legally adopted child or a stepchild.

IV. "Parent" includes natural mother or father, stepmother or stepfather, mother or father through legal adoption, or any person who stood in loco parentis.

V. "Spouse" means a lawful wife or husband.

VI. "State veterans' advisory committee" means a committee consisting of the following:

(a) Two members of the house of representatives, one of whom shall be from the state-federal relations and veterans affairs committee, appointed by the speaker.

(b) Two members of the senate, appointed by the senate president.

(c) Twenty representatives of the various veterans' organizations in the state of New Hampshire.

VII. "Office of veterans services" means the division of veterans services established pursuant to RSA 110-B.

VIII. "Veterans' program" means any legitimate veterans' program which may, from time to time, be established in the state, as determined by the state veterans' advisory committee and approved by the legislative fiscal committee.

Each person who actively served for a total period of 90 days or more in any capacity as a member of the uniformed forces of the United States between August 5, 1964, and August 15, 1973, or who served in the Vietnam area at any time between July 1, 1958, and August 5, 1964, and earned the Vietnam service medal or the armed forces expeditionary medal; and who was discharged, released or has a certificate of service therefrom, under honorable conditions, or who is missing in action; and who at the time he entered such active military service was a bona fide resident of New Hampshire shall be entitled to the benefits of the bonus payable under RSA 115-A:5.

The adjutant general shall from time to time prepare a roster of the names of residents of the state who have qualified for bonus payments under RSA 115-A:3, and shall certify the same and prepare a manifest to authorize the state treasurer to make payment from funds not otherwise appropriated. The governor is authorized to draw his warrant for said sums out of any money in the treasury not otherwise appropriated.

In recognition of the services preformed by the persons designated as eligible under RSA 115-A:3, hereinafter referred to as residents, the state treasurer, when such names are certified to him as provided under RSA 115-A:4, and when application is made therefor, shall pay to each such qualified resident the sum of $100. The state treasurer shall take such formal receipt as he shall prescribe.

If an eligible person is legally incompetent, payment shall be made to his legally appointed representative. If an eligible person dies before payment has been made to him, payment shall be made to such person's surviving spouse or if none, to his child or children in equal shares; and if he has no surviving spouse or children, then in equal shares to his surviving parents. Payment shall not be made to more than 2 parents. Preference shall be given to the parent or parents who actually exercised parental control at the time of or most nearly prior to date of resident's entry into service. Proof of relationship in loco parentis shall be established by sworn statement of the applicant, together with supporting affidavits of 2 disinterested persons.

No application for a bonus shall be certified for payment unless written evidence is presented indicating that any person or persons described in this chapter as having a prior right to benefits shall have deceased; and provided further that if, prior to August 22, 1975, benefits have been paid to the father or mother of a resident, who at the time had a child or children, the rights or benefits shall not in addition accrue to said child or children as a result of the provisions of this chapter.

I. Each non-legislative member of the state veterans' advisory committee shall serve a 2-year term of office from the date of the member's appointment, and may be reappointed. Legislative members of the committee shall serve a term coterminous with their term in office. The committee members shall choose a chairman, vice-chairman, and a secretary from their committee membership.

II. The committee may, by a majority vote of the committee members, adopt bylaws governing the management and operation of the committee.

III. The committee shall issue an annual report of its actions, findings, and recommendations on October 1 of each year to the speaker of the house, the president of the senate, the governor and council, and all veterans' organizations in the state.

IV. The committee shall have the authority to accept and expend funds from any public or private source, including private gifts, grants, and donations. The funds shall be used exclusively to pay the costs of the committee in performing its duties. Any funds accepted or expended shall be included in the biannual reports under paragraph III.

Each person who actively served in any capacity as a member of the uniformed forces of the United States on or after August 2, 1990 and on or before November 30, 1995, and who earned the Southwest Asia Service Medal (SASM); and who was discharged, released or has a certificate of service therefrom, under honorable conditions, or who is missing in action or who was killed in action; and who at the time of entry on such active service, and at the time of such service was a bona fide resident of this state shall be entitled to the benefits provided under this subdivision. A person shall demonstrate bona fide residency under this section through such person's home of record at time of entry as listed on a DD Form 214 or a written verification from a town or city clerk that such person was a resident of a New Hampshire town or city at the time of active service. No individual who has received a Persian Gulf War bonus payment from another state shall be qualified to receive the benefits provided under this subdivision.

The director of the division of veterans services shall from time to time prepare a roster of the names of persons who have qualified for the bonus under RSA 115-A:9, and shall certify the same to the state treasurer, and prepare a manifest to authorize the state treasurer to make payments from funds not otherwise appropriated. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

In recognition of the services performed by the persons designated as eligible under RSA 115-A:9, the state treasurer, when such names are certified to the state treasurer as provided in RSA 115-A:10, and when application is made therefor, shall pay to each such qualified person the sum of $100; and shall take such formal receipt as the state treasurer shall prescribe.

If an eligible person is legally incompetent, payment shall be made to his legally appointed representative. If an eligible person dies before payment has been made to him, payment shall be made to such person's surviving spouse or, if none, to his child or children in equal shares; and if he has no surviving spouse or children, then in equal shares to his surviving parents. Payment shall not be made to more than 2 parents. Preference shall be given to the parent or parents who actually exercised parental control at the time of or most nearly prior to date of the qualified person's entry into service. Proof of relationship in loco parentis shall be established by sworn statement of the applicant, together with supporting affidavits of 2 disinterested persons.

No applications shall be certified for payment unless written evidence is presented indicating that any person or persons herein described as having a prior right to benefits shall have deceased; and provided further that if, prior to the date upon which this subdivision takes effect, benefits have been paid to the father or mother of a qualified person, who at the time had a child or children, the rights or benefits shall not in addition accrue to said child or children as a result of the provisions of this subdivision.

No bonus payment shall be made under this subdivision unless application therefor is submitted within 5 years after the effective date of this subdivision. Any claim for bonus payment after such 5-year period shall be made to the director of the division of veterans services, and if approved by the director shall be submitted to the state treasurer, and it shall be a charge upon the general fund.

Any person who obtains a bonus payment under this subdivision by fraud shall forfeit such bonus to the state.

Each person who actively served in any capacity as a member of the uniformed forces of the United States on or after September 11, 2001 and on or before a date to be determined by the Secretary of Defense, and who earned the expeditionary medal for Global War on Terrorism operations or the Iraqi Campaign Medal or the Afghanistan Campaign Medal; and who was discharged, released or has a certificate of service therefrom, with discharge of a character outlined in RSA 21:50, or who is missing in action or who was killed in action; and who at the time of entry on such active service, and at the time of such service was a bona fide resident of this state shall be entitled to the benefits provided under this subdivision. A person shall demonstrate bona fide residency under this section through such person's home of record at time of entry as listed on a DD Form 214 or a written verification from a town or city clerk that such person was a resident of a New Hampshire town or city at the time of active service. No individual who has received a Global War on Terrorism operations bonus payment from another state shall be qualified to receive the benefits provided under this subdivision. Only one bonus payment is authorized for each person, regardless of number of deployments.

The director of the division of veterans services shall from time to time prepare a roster of the names of persons who have qualified for the bonus under RSA 115-A:16, and shall certify the same to the state treasurer, and prepare a manifest to authorize the state treasurer to make payments from funds not otherwise appropriated. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

In recognition of the services performed by the persons designated as eligible under RSA 115-A:16, the state treasurer, when such names are certified to the state treasurer as provided in RSA 115-A:17, and when application is made therefor, shall pay to each such qualified person the sum of $100; and shall take such formal receipt as the state treasurer shall prescribe.

If an eligible person is legally incompetent, payment shall be made to his or her legally appointed representative. If an eligible person dies before payment has been made to him or her, payment shall be made to such person's surviving spouse or, if none, to his or her child or children in equal shares; and if he or she has no surviving spouse or children, then in equal shares to his or her surviving parents. Payment shall not be made to more than 2 parents. Preference shall be given to the parent or parents who actually exercised parental control at the time of or most nearly prior to the date of the qualified person's entry into service. Proof of relationship in loco parentis shall be established by sworn statement of the applicant, together with supporting affidavits of 2 disinterested persons.

No applications shall be certified for payment unless written evidence is presented indicating that any person or persons herein described as having a prior right to benefits has died; and provided further that if, prior to the date upon which this subdivision takes effect, benefits have been paid to the father or mother of a qualified person, who at the time had a child or children, the rights or benefits shall not in addition accrue to said child or children as a result of the provisions of this subdivision.

No bonus payment shall be made under this subdivision unless application for the bonus payment is submitted within 5 years after the effective date of this subdivision. Any claim for bonus payment after such 5-year period shall be made to the director of the division of veterans services, and if approved by the director shall be submitted to the state treasurer and shall be a charge upon the general fund.

Any person who obtains a bonus payment under this subdivision by fraud shall forfeit such bonus to the state.

I. Any veteran who has received discharge of a character outlined in RSA 21:50 from the United States armed forces shall have a preference not to work during the 24 hours comprising Veterans Day without penalty provided that the employee gives advance notice in accordance with the employer's policies and procedures. Nothing in this subdivision shall be construed to require the employer to pay the veteran for wages on Veterans Day if the veteran chooses not to work in accordance with this subdivision.

II. Any emergency responder such as a police officer, firefighter, emergency medical technician, 911 operator, and medical personnel who is a veteran and has received discharge of a character outlined in RSA 21:50 from the United States armed forces and whose offices or supervisors require minimal staffing shall have the holiday preference described in paragraph I so long as there is another qualified emergency responder available.