HB486 Alabama 2022 Session

Under existing law, the State Board of Veterans Affairs assists veterans in pursuing claims for military benefits and services to which they may be entitled from the United States arising from their military service

This bill would clarify definitions, update board member eligibility, rename service manager as veteran service officer and rename district service commissioner as district manager, to provide for the appointment of an executive director to oversee the operation of state veterans homes, make nonsubstantive, technical revisions to update the existing code language to current style, and repeal Section 31-5-12, Code of Alabama 1975

Relating to the Department of Veterans Affairs; to amend Sections 31-5-1, 31-5-2, and 31-5-3, Section 31-5-4, as last amended by Act 2021-239, 2021 Regular Session, Section 31-5-5, Section 31-5-6, as last amended by Act 2021-239, 2021 Regular Session, Sections 31-5-7 and 31-5-8, Section 31-5-9, as last amended by Act 2021-239, 2021 Regular Session, Sections 31-5-10, 31-5-11, and 31-5-13, Section 31-5-14, as last amended by Act 2021-239, 2021 Regular Session, Sections 31-5A-1, 31-5A-2, 31-5A-3, 31-5A-4, 31-5A-5, 31-5A-6, 31-5A-7, 31-5A-8, 31-5A-9, 31-5A-10, and 31-5A-11, Code of Alabama 1975; to clarify definitions; to update board member eligibility; to rename service manger as veteran service officer and rename district service commissioner as district manager; to provide for the appointment of an executive director to oversee the operation of state veterans homes; to make nonsubstantive, technical revisions to update the existing code language to current style; and to repeal Section 31-5-12, Code of Alabama 1975. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 31-5-1, 31-5-2, and 31-5-3, Section 31-5-4, as last amended by Act 2021-239, 2021 Regular Session, Section 31-5-5, Section 31-5-6, as last amended by Act 2021-239, 2021 Regular Session, Sections 31-5-7 and 31-5-8, Section 31-5-9, as last amended by Act 2021-239, 2021 Regular Session, Sections 31-5-10, 31-5-11, and 31-5-13, and Section 31-5-14, as last amended by Act 2021-239, 2021 Regular Session, Code of Alabama 1975, are amended to read as follows: "§31-5-1. "As used under this chapter these terms shall have the following meanings: "(1) (3) DEPARTMENT. The State Department of Veterans' Veterans Affairs. "(2)(1) THE STATE BOARD. The State Board of Veterans' Veterans Affairs. "(3)(2) STATE COMMISSIONER. The State Service Commissioner chief executive officer of the State Department of Veterans Affairs. "(4) VETERAN. Except as otherwise used in this chapter, such term shall mean any a. Any person, male or female, who served on active duty, whether commissioned, enlisted, inducted, appointed or mustered into the military or naval service of the United States during any war in which the United States has been engaged, and who shall have been discharged or released from such services under conditions other than dishonorable who served in the active military, naval, air, or space forces of the United States and who was discharged or released under conditions other than dishonorable. "b. Any person who is entitled, under Chapter 1223, Title 10, U.S.C., to retired pay for nonregular service or, but for age, would be entitled under that chapter to retired pay for nonregular service. "§31-5-2. "There shall be a The State Department Board of Veterans' Veterans Affairs with subordinate bureaus and divisions, which shall operate under a is established to oversee the State Board Department of Veterans' Veterans Affairs,. The department shall and consist be composed of a State Service Commissioner commissioner and such other officers and employees authorized to be appointed under this chapter, and meeting who meet the qualifications prescribed by the state board. "§31-5-3. "(a)(1) The State Board of Veterans' Affairs board shall consist be composed of the Governor, as chair, and representatives, to serve for a term of four years from the date of their respective appointments, who shall be selected from the memberships of the Alabama Department of the American Legion, the United Spanish American War Veterans, the Veterans of Foreign Wars, the Disabled American Veterans, Veterans of WWI of the USA, Incorporated, the Vietnam Veterans of America, AMVETS, the Military Order of the Purple Heart, the American Ex-Prisoners of War, Incorporated, the Alabama Alliance of the Military Officers Association of America, Inc., and the Marine Corps League,. "(2)the The nomination of the representatives to shall be made by the executive committees or similar governing bodies of the respective organizations on the following ratio of the membership as it existed on July 1 of the year in which the appointment is to be made by the Governor in a manner whereby there. There shall be one representative from each of the organizations for the first 7,500 resident members, or fraction thereof, and one additional representative from each organization for each additional 7,500 resident members, or fraction thereof. The total memberships of the respective organizations shall be determined on July 1 of the year in which the representatives shall be designated from the state enrollment of each organization as duly verified for correctness by the adjutant or a similar officer of the organization. Notwithstanding the foregoing, the executive committees or similar governing bodies of the above-named organizations shall each nominate to the Governor three veterans who are members of the organizations, for each place on the board to which the organizations are entitled to have a nominee. The nominations shall also include, in representative proportions, veterans of every war which are included in the membership of the organizations. The board shall have authority to grant representation on the board, and on the same basis of membership as provided in this section, to any organization of veterans of the Second World War having a national charter authorized by an act of Congress and operating through local organizations in Alabama. "(3) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural urban, rural, and economic diversity of the state. "(b) The state board, in conference with the State Service Commissioner commissioner, shall be responsible for the adoption of adopt and amend policies, rules, and regulations for its government and for the government of the Department of Veterans' Affairs and rules, not inconsistent with law, as may be necessary to carry out this chapter. "(c) The state board, subject to Section 31-5-6, shall have and exercise all rule-making powers of the department, and may make regulations not inconsistent therewith or with state law that it deems necessary for carrying out this chapter. The board also may alter, repeal, or amend the regulations or any of them. This rule-making power shall include the establishment and promulgation of rules and regulations, including amendments and repeals thereof, with respect to shall adopt rules governing the manner of performance of all functions and duties of the department and the various officers and employees thereof, including the selection and appointment of all service commissioners, district managers, and veteran service officers. All rules and regulations shall be furnished to the Personnel Board, and in accordance therewith, a list of eligibles shall be established therefrom. Competition for places on the eligible lists shall be limited to persons meeting qualifications and requirements set up in the rules and regulations. The rules and regulations shall have the force and effect of law and prima facie evidence thereof may be given in all courts and proceedings by the production of what purports to be an official printed copy of the regulations, alterations, repeal, or amendment. "(d) The state board may establish and operate through the Department of Veterans' Affairs department a state veterans' cemetery veterans cemeteries and make application may apply to the government of the United States, or any subdivision, agency, or instrumentality thereof, for funds for the purpose of establishing, the cemetery operating, and maintaining the cemeteries. The department may enter into agreements with any subdivision of the state for assistance in operating the cemetery cemeteries. The department shall own the land on which the cemetery is cemeteries are located. The department may accept federal grant funds, funding from state subdivisions, donations from private sources, and federal plot allowance payments. All of these funds shall be deposited into the Veterans' Assistance Fund and may be used only for the establishment, operation, and maintenance of a veterans' cemetery veterans cemeteries. The department may accept suitable cemetery land, in accordance with federal veterans' veterans cemetery grant guidelines, from the federal government, state government, state subdivisions, private sources, and any other source wishing to transfer land for use as a veterans' veterans cemetery. No funds will be used for these projects from the Education Trust Fund. The State Service Commissioner commissioner may execute deeds and other instruments of conveyance for the department. Any deed of cemetery property to the Department of Veterans' Affairs department prior to August 1, 2012, is ratified and confirmed. "(e) The state board shall have the power, and it shall