HB153INTRODUCED
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HB153
EAYK229-1
By Representatives Oliver, Moore (P), Starnes, Bolton,
Reynolds, Shaver, DuBose, Butler, Paschal, Pettus
RFD: Military and Veterans Affairs
First Read: 04-Feb-25
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6 EAYK229-1 01/29/2025 KMS (L)cr 2025-264
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First Read: 04-Feb-25
SYNOPSIS:
This bill would create the Alabama Veterans
Resource Center Act.
This bill would create and designate the center
as a public corporation and would provide for a board
of directors to manage the center as a comprehensive,
coordinated system of support for veterans and their
families.
This bill would provide for the duties and
powers of the board and would authorize the board to
enter into public-private partnerships on behalf of the
center.
A BILL
TO BE ENTITLED
AN ACT
To establish the Alabama Veterans Resource Center Act;
to create and designate the Alabama Veterans Resource Center
as a public corporation; to provide for the membership of a
board of directors for the center; to provide for the duties
and powers of the board in managing the center; and to
authorize the center to enter into public-private
partnerships.
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partnerships.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and cited as the
Alabama Veterans Resource Center Act.
Section 2. The Legislature finds and declares all of
the following:
(1) Alabama has the highest per capita veteran
population in the United States.
(2) Veterans face unique challenges when moving from
military service to civilian life including, but not limited
to, accessing benefits, finding employment, and addressing
mental health needs.
(3) A comprehensive, coordinated system of support is
essential to veterans and their families.
(4) Public-private partnerships can leverage resources
and expertise to effectively serve veterans.
Section 3. (a) The Governor, the Speaker of the House
of Representatives, and the President Pro Tempore of the
Senate shall present to the Secretary of State an application,
signed by each of them, for the formation of the Alabama
Veterans Resource Center as a public corporation, having a
legal existence separate and apart from the state and any
county, municipality, or political subdivision, which shall
set forth all of the following:
(1) The name, official designation, and official office
location of each of the applicants, together with a certified
copy of the commission evidencing each applicant's right to
office.
(2) The date on which each applicant was sworn into
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(2) The date on which each applicant was sworn into
office and the term of office of each applicant.
(3) The name of the proposed public corporation, which
shall be the Alabama Veterans Resource Center.
(4) The location of the principal office of the
proposed corporation.
(5) Any other matter relating to the corporation that
the applicants may choose to insert and that is not
inconsistent with this act or state law.
(b) The application shall be subscribed and sworn to by
each applicant before an officer authorized by the laws of the
state to take acknowledgments to deeds. The Secretary of State
shall examine the application, and, if he or she finds that
the application substantially complies with the requirements
of this section, the application shall be filed and recorded
in an appropriate book of records in the office of the
Secretary of State.
(c) When the application has been made, filed, and
recorded as provided in subsection (b), the applicants shall
constitute a public corporation under the name stated in the
application, and the Secretary of State shall make and issue
to the applicants a certificate of incorporation pursuant to
this act, under the Great Seal of the State, and shall record
the certificate with the application. There shall be no fees
paid to the Secretary of State in connection with the
corporation.
(d) Notwithstanding any provision of law to the
contrary, the corporation incorporated pursuant to this
section shall not be deemed to be a part of the state for any
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section shall not be deemed to be a part of the state for any
purpose but shall be treated as a public corporation and body
politic separate and apart from the state.
Section 4. (a) The center shall be under the management
and control of a board of directors, and all power necessary
or appropriate for the management and control of the center
shall be vested solely in that board.
(b) The board shall have all of the following members:
(1) Two members appointed by the Governor.
(2) One member appointed by the Speaker of the House of
Representatives.
(3) One member appointed by the Lieutenant Governor in
his or her role as Chair of the Alabama Military Stability
Commission.
(4) One member appointed by the President Pro Tempore
of the Senate.
(5) The Commissioner of the State Department of
Veterans Affairs, who shall serve as an ex officio member and
vice chair of the board.
(6) The Commissioner of the Department of Mental
Health, who shall serve as an ex officio member.
(7) The Secretary of the Alabama Department of
Workforce, who shall serve as an ex officio member and chair
of the board.
(c) All board members are voting members of the board
and shall be considered in determining whether a quorum is
present.
(d)(1) Each ex officio member may designate an
individual to serve in his or her place at any meeting of the
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individual to serve in his or her place at any meeting of the
board or may designate an individual to serve in his or her
place at all meetings of the board until the expiration of his
or her term. An ex officio member may withdraw his or her
designation at any time.
(2) A designee shall be counted for purposes of both
establishing a quorum and voting.
(3) An ex officio member shall continue to serve on the
board as long as he or she holds the position that authorizes
his or her service on the board.
(e) In making appointments, the appointing authorities
shall coordinate their appointments to assure the board
membership is inclusive and reflects the racial, gender,
geographic, urban, rural, and economic diversity of the state.
(f)(1) Each appointed member shall serve a term of two
years following his or her date of appointment.
(2) Each appointed member shall continue to serve until
he or she is reappointed or a successor is appointed to his or
her place on the board.
(3) An appointed member may only serve a maximum of two
consecutive terms of office and may be reappointed after not
serving for a period of at least two years.
(4) An appointed member may be removed by his or her
appointing authority at any time and for any reason. Upon
removal, the respective appointing authority shall appoint a
successor to serve for the unexpired term.
(5) An individual appointed to fill a vacancy, for any
reason, shall serve the remainder of the unexpired term and
may be reappointed to serve an additional term.
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may be reappointed to serve an additional term.
(g) No board member shall receive compensation because
of his or her service as a member. Each member may be
reimbursed for actual and reasonable travel expenses incurred
in the performance of his or her duties as a member.
(h) A majority of the board members shall constitute a
quorum for the transaction of business by the board, and
decisions shall be made on the basis of a majority of the
quorum then present and voting. No vacancy in the membership
of the board or the voluntary disqualification or abstention
of any member shall impair the right of a quorum to exercise
all of the powers and duties of the board.
(i) Members of the board may participate in meetings of
the board in person, by means of telephone conference, video
conference, or other similar communications equipment, so that
all individuals participating in the meeting may hear each
other at the same time. Participation by any such means shall
constitute presence in person at a meeting for all purposes,
including for purposes of establishing a quorum.
(j) The board may appoint other officers to perform
duties not inconsistent with this act or applicable law, as
the board deems necessary or appropriate.
(k) In addition to regular meetings of the board, as
may be provided by law or bylaws adopted by the board, special
meetings of the board may be called by the chair acting alone
or by any three other board members acting in concert, in each
case upon notice to each board member given in person, by
email, by registered letter, or by other means. Notice to each
board member may be waived upon the unanimous written consent
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board member may be waived upon the unanimous written consent
of all board members, either before or after the meeting with
respect to which the notice would otherwise be required.
Section 5. (a) The board shall have all of the powers
necessary to carry out and effectuate the purposes of this
act. Without limiting the generality of the foregoing, the
board shall have and exercise all of the following powers:
(1) Provide comprehensive support services to veterans
and their families residing in this state including, but not
limited to, all of the following:
a. Assistance with accessing federal and state
benefits.
b. Career counseling and job placement services.
c. Mental health and wellness programs.
d. Education and training opportunities.
e. Support for military spouses, dependents, and
families.
(2) Develop, monitor, implement, and update as
necessary the strategic plan and strategies for the center.
(3) Oversee the operations and finances of the center.
(4) Employ an executive director or other employees, or
both, to manage the day-to-day operations of the center.
(5) Establish committees as necessary.
(6) Develop and implement a hub and spoke model for the
center, with a central office providing core services and a
network of regional offices offering localized support and
access points through a public private-partnership. The center
may also utilize an online portal and other physical
structures or technology to conduct its operations.
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structures or technology to conduct its operations.
(7) Adopt, alter, and repeal bylaws as necessary for
the regulation and conduct of the affairs and business of the
center, and for the implementation of this act.
(8) Make and enter into contracts, leases, and
agreements and take other actions as the board determines
necessary or desirable to accomplish the purposes of this act
and the center and exercise any power necessary for the
accomplishment of the purposes of the center or incidental to
the powers expressly provided by this act.
(9) Appoint, employ, and contract with employees,
agents, advisors, consultants, and service providers
including, but not limited to, attorneys, accountants,
financial experts, and other advisors, consultants, and agents
as the board determines necessary or desirable to accomplish
any purpose of the center or incidental to the powers
expressly provided by this act, and to fix the compensation of
those individuals.
(10) Manage, invest, and expend funds at its disposal.
(11) Grant monies and things of value in aid of or to,
any individual, firm, corporation, or other business entity,
public or private, as the board determines necessary or
desirable to accomplish any purpose of the center or
incidental to the powers expressly provided by this act.
(12) Take any action necessary to exercise its rights
or fulfill its obligations relevant to the center under state
law.
(13) All other powers necessary to carry out and
effectuate the purposes of this act. These powers shall be
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effectuate the purposes of this act. These powers shall be
construed broadly, so that the failure to state a power of the
board shall not be considered a limitation upon the board, as
long as the board determines the power is necessary to allow
the board to fulfill the purpose of the center, as provided by
this act.
(b) The board may make, enter into, and execute
contracts, agreements, and other instruments with, accept
appropriations, loans, gifts, aid, and grants from, and
cooperate with, any other individual or entity including, but
not limited to, all of the following:
(1) The United States of America, the state, or any
agency, instrumentality, or political subdivision of either.
(2) For profit and nonprofit private entities.
(3) Public bodies, departments, or authorities
including, but not limited to, any entity in the Executive
Branch of the state, to act on behalf of the board in carrying
out functions that the board determines are consistent with
this act and the powers of the center.
(c)(1) Members of the board shall be subject to the
state ethics laws under Chapter 25 of Title 36, Code of
Alabama 1975, but members of the board shall not be required
to submit a statement of economic interests under Section
36-25-14, Code of Alabama 1975. The center is not a business
for purposes of the state ethics laws, Chapter 25 of Title 36,
Code of Alabama 1975, and a public official or public employee
holding a position on the board is not precluded from taking
official actions affecting the center as long as there is no
impermissible personal gain.
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impermissible personal gain.
(2) The board is not subject to the Alabama Open
Meetings Act under Chapter 25A of Title 36, Code of Alabama
1975.
Section 6. (a) The board may enter into contracts,
leases, agreements, investments, and may otherwise expend
monies without compliance with competitive bid laws under
Article 5, commencing with Section 41-4-110, of Chapter 4 of
Title 41, Code of Alabama 1975, and Chapter 2 of Title 39,
Code of Alabama 1975.
(b) Solely as a result of entering into contracts,
leases, agreements, investments, or otherwise as provided in
subsection (a), no for-profit or nonprofit private entity, nor
the officers, employees, agents, or directors of any of the
foregoing, shall become subject to state ethics laws or the
Alabama Open Meetings Act under Chapter 25 and Chapter 25A of
Title 36, Code of Alabama 1975; competitive bid laws under
Article 5, commencing with Section 41-4-110, of Chapter 4 of
Title 41, Code of Alabama 1975; Chapter 2 of Title 39, Code of
Alabama 1975; or public records laws under Article 3,
commencing with Section 36-12-40, of Chapter 12 of Title 36,
Code of Alabama 1975.
Section 7. In addition to the powers provided in
Section 5, the board may enter into annual public-private
partnerships with nonprofit organizations and other entities
to leverage resources and expertise in support of the center's
mission and purpose. Each public-private partnership is
subject to annual renewal by the board.
Section 8. (a) The Alabama Veterans Resource Center
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Section 8. (a) The Alabama Veterans Resource Center
Fund is created in the State Treasury. All monies received by
the board pursuant to this act or otherwise from any source
permitted by this act shall be deposited into the State
Treasury to the credit of the fund. Amounts deposited into the
fund shall be budgeted and allotted in accordance with
Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through
41-19-12, Code of Alabama 1975.
(b) The center may accept additional funding from
public and private sources, including appropriations, loans,
federal gifts, grants, corporate sponsorships, and individual
donations.
Section 9. The board, at any time and by majority vote,
may cause its application for formation to be amended by
having three members of its board of directors file an
amendment with the Secretary of State, which shall be sworn to
by each signatory thereto before an officer authorized to take
acknowledgments to deeds.
Section 10. (a) The board, at any time and by a
three-quarters vote, may dissolve the center by having
three-quarters of the members of the board file with the
Secretary of State an application for dissolution, which shall
be sworn to by each signatory thereto by an officer authorized
to take acknowledgments to deeds.
(b) Upon the filing of the application for dissolution,
the center shall cease to exist. The Secretary of State shall
file and record the application for dissolution, and shall
make and issue, under the Great Seal of the State, a
certificate that the center is dissolved, and shall record the
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certificate that the center is dissolved, and shall record the
certificate with the application for dissolution. Title to all
property held in the name of the center shall be vested in the
state upon dissolution of the center, and the ex officio board
members, by written consent, shall direct how to dispose of
any monies in the Alabama Veterans Resource Center Fund.
Section 11. This act shall be liberally construed to
effectuate its purposes.
Section 12. This act shall become effective on June 1,
2025.
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