AL
Alabama House Bill HB153

Alabama 2025 Regular Session

Alabama House Bill HB153 Compare Versions

Only one version of the bill is available at this time.
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11 HB153INTRODUCED
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33 HB153
44 EAYK229-1
55 By Representatives Oliver, Moore (P), Starnes, Bolton,
66 Reynolds, Shaver, DuBose, Butler, Paschal, Pettus
77 RFD: Military and Veterans Affairs
88 First Read: 04-Feb-25
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1414 6 EAYK229-1 01/29/2025 KMS (L)cr 2025-264
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1616 First Read: 04-Feb-25
1717 SYNOPSIS:
1818 This bill would create the Alabama Veterans
1919 Resource Center Act.
2020 This bill would create and designate the center
2121 as a public corporation and would provide for a board
2222 of directors to manage the center as a comprehensive,
2323 coordinated system of support for veterans and their
2424 families.
2525 This bill would provide for the duties and
2626 powers of the board and would authorize the board to
2727 enter into public-private partnerships on behalf of the
2828 center.
2929 A BILL
3030 TO BE ENTITLED
3131 AN ACT
3232 To establish the Alabama Veterans Resource Center Act;
3333 to create and designate the Alabama Veterans Resource Center
3434 as a public corporation; to provide for the membership of a
3535 board of directors for the center; to provide for the duties
3636 and powers of the board in managing the center; and to
3737 authorize the center to enter into public-private
3838 partnerships.
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6868 partnerships.
6969 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7070 Section 1. This act shall be known and cited as the
7171 Alabama Veterans Resource Center Act.
7272 Section 2. The Legislature finds and declares all of
7373 the following:
7474 (1) Alabama has the highest per capita veteran
7575 population in the United States.
7676 (2) Veterans face unique challenges when moving from
7777 military service to civilian life including, but not limited
7878 to, accessing benefits, finding employment, and addressing
7979 mental health needs.
8080 (3) A comprehensive, coordinated system of support is
8181 essential to veterans and their families.
8282 (4) Public-private partnerships can leverage resources
8383 and expertise to effectively serve veterans.
8484 Section 3. (a) The Governor, the Speaker of the House
8585 of Representatives, and the President Pro Tempore of the
8686 Senate shall present to the Secretary of State an application,
8787 signed by each of them, for the formation of the Alabama
8888 Veterans Resource Center as a public corporation, having a
8989 legal existence separate and apart from the state and any
9090 county, municipality, or political subdivision, which shall
9191 set forth all of the following:
9292 (1) The name, official designation, and official office
9393 location of each of the applicants, together with a certified
9494 copy of the commission evidencing each applicant's right to
9595 office.
9696 (2) The date on which each applicant was sworn into
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126126 (2) The date on which each applicant was sworn into
127127 office and the term of office of each applicant.
128128 (3) The name of the proposed public corporation, which
129129 shall be the Alabama Veterans Resource Center.
130130 (4) The location of the principal office of the
131131 proposed corporation.
132132 (5) Any other matter relating to the corporation that
133133 the applicants may choose to insert and that is not
134134 inconsistent with this act or state law.
135135 (b) The application shall be subscribed and sworn to by
136136 each applicant before an officer authorized by the laws of the
137137 state to take acknowledgments to deeds. The Secretary of State
138138 shall examine the application, and, if he or she finds that
139139 the application substantially complies with the requirements
140140 of this section, the application shall be filed and recorded
141141 in an appropriate book of records in the office of the
142142 Secretary of State.
143143 (c) When the application has been made, filed, and
144144 recorded as provided in subsection (b), the applicants shall
145145 constitute a public corporation under the name stated in the
146146 application, and the Secretary of State shall make and issue
147147 to the applicants a certificate of incorporation pursuant to
148148 this act, under the Great Seal of the State, and shall record
149149 the certificate with the application. There shall be no fees
150150 paid to the Secretary of State in connection with the
151151 corporation.
152152 (d) Notwithstanding any provision of law to the
153153 contrary, the corporation incorporated pursuant to this
154154 section shall not be deemed to be a part of the state for any
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184184 section shall not be deemed to be a part of the state for any
185185 purpose but shall be treated as a public corporation and body
186186 politic separate and apart from the state.
187187 Section 4. (a) The center shall be under the management
188188 and control of a board of directors, and all power necessary
189189 or appropriate for the management and control of the center
190190 shall be vested solely in that board.
191191 (b) The board shall have all of the following members:
192192 (1) Two members appointed by the Governor.
193193 (2) One member appointed by the Speaker of the House of
194194 Representatives.
195195 (3) One member appointed by the Lieutenant Governor in
196196 his or her role as Chair of the Alabama Military Stability
197197 Commission.
198198 (4) One member appointed by the President Pro Tempore
199199 of the Senate.
200200 (5) The Commissioner of the State Department of
201201 Veterans Affairs, who shall serve as an ex officio member and
202202 vice chair of the board.
203203 (6) The Commissioner of the Department of Mental
204204 Health, who shall serve as an ex officio member.
205205 (7) The Secretary of the Alabama Department of
206206 Workforce, who shall serve as an ex officio member and chair
207207 of the board.
208208 (c) All board members are voting members of the board
209209 and shall be considered in determining whether a quorum is
210210 present.
211211 (d)(1) Each ex officio member may designate an
212212 individual to serve in his or her place at any meeting of the
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242242 individual to serve in his or her place at any meeting of the
243243 board or may designate an individual to serve in his or her
244244 place at all meetings of the board until the expiration of his
245245 or her term. An ex officio member may withdraw his or her
246246 designation at any time.
247247 (2) A designee shall be counted for purposes of both
248248 establishing a quorum and voting.
249249 (3) An ex officio member shall continue to serve on the
250250 board as long as he or she holds the position that authorizes
251251 his or her service on the board.
252252 (e) In making appointments, the appointing authorities
253253 shall coordinate their appointments to assure the board
254254 membership is inclusive and reflects the racial, gender,
255255 geographic, urban, rural, and economic diversity of the state.
256256 (f)(1) Each appointed member shall serve a term of two
257257 years following his or her date of appointment.
258258 (2) Each appointed member shall continue to serve until
259259 he or she is reappointed or a successor is appointed to his or
260260 her place on the board.
261261 (3) An appointed member may only serve a maximum of two
262262 consecutive terms of office and may be reappointed after not
263263 serving for a period of at least two years.
264264 (4) An appointed member may be removed by his or her
265265 appointing authority at any time and for any reason. Upon
266266 removal, the respective appointing authority shall appoint a
267267 successor to serve for the unexpired term.
268268 (5) An individual appointed to fill a vacancy, for any
269269 reason, shall serve the remainder of the unexpired term and
270270 may be reappointed to serve an additional term.
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300300 may be reappointed to serve an additional term.
301301 (g) No board member shall receive compensation because
302302 of his or her service as a member. Each member may be
303303 reimbursed for actual and reasonable travel expenses incurred
304304 in the performance of his or her duties as a member.
305305 (h) A majority of the board members shall constitute a
306306 quorum for the transaction of business by the board, and
307307 decisions shall be made on the basis of a majority of the
308308 quorum then present and voting. No vacancy in the membership
309309 of the board or the voluntary disqualification or abstention
310310 of any member shall impair the right of a quorum to exercise
311311 all of the powers and duties of the board.
312312 (i) Members of the board may participate in meetings of
313313 the board in person, by means of telephone conference, video
314314 conference, or other similar communications equipment, so that
315315 all individuals participating in the meeting may hear each
316316 other at the same time. Participation by any such means shall
317317 constitute presence in person at a meeting for all purposes,
318318 including for purposes of establishing a quorum.
319319 (j) The board may appoint other officers to perform
320320 duties not inconsistent with this act or applicable law, as
321321 the board deems necessary or appropriate.
322322 (k) In addition to regular meetings of the board, as
323323 may be provided by law or bylaws adopted by the board, special
324324 meetings of the board may be called by the chair acting alone
325325 or by any three other board members acting in concert, in each
326326 case upon notice to each board member given in person, by
327327 email, by registered letter, or by other means. Notice to each
328328 board member may be waived upon the unanimous written consent
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358358 board member may be waived upon the unanimous written consent
359359 of all board members, either before or after the meeting with
360360 respect to which the notice would otherwise be required.
361361 Section 5. (a) The board shall have all of the powers
362362 necessary to carry out and effectuate the purposes of this
363363 act. Without limiting the generality of the foregoing, the
364364 board shall have and exercise all of the following powers:
365365 (1) Provide comprehensive support services to veterans
366366 and their families residing in this state including, but not
367367 limited to, all of the following:
368368 a. Assistance with accessing federal and state
369369 benefits.
370370 b. Career counseling and job placement services.
371371 c. Mental health and wellness programs.
372372 d. Education and training opportunities.
373373 e. Support for military spouses, dependents, and
374374 families.
375375 (2) Develop, monitor, implement, and update as
376376 necessary the strategic plan and strategies for the center.
377377 (3) Oversee the operations and finances of the center.
378378 (4) Employ an executive director or other employees, or
379379 both, to manage the day-to-day operations of the center.
380380 (5) Establish committees as necessary.
381381 (6) Develop and implement a hub and spoke model for the
382382 center, with a central office providing core services and a
383383 network of regional offices offering localized support and
384384 access points through a public private-partnership. The center
385385 may also utilize an online portal and other physical
386386 structures or technology to conduct its operations.
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416416 structures or technology to conduct its operations.
417417 (7) Adopt, alter, and repeal bylaws as necessary for
418418 the regulation and conduct of the affairs and business of the
419419 center, and for the implementation of this act.
420420 (8) Make and enter into contracts, leases, and
421421 agreements and take other actions as the board determines
422422 necessary or desirable to accomplish the purposes of this act
423423 and the center and exercise any power necessary for the
424424 accomplishment of the purposes of the center or incidental to
425425 the powers expressly provided by this act.
426426 (9) Appoint, employ, and contract with employees,
427427 agents, advisors, consultants, and service providers
428428 including, but not limited to, attorneys, accountants,
429429 financial experts, and other advisors, consultants, and agents
430430 as the board determines necessary or desirable to accomplish
431431 any purpose of the center or incidental to the powers
432432 expressly provided by this act, and to fix the compensation of
433433 those individuals.
434434 (10) Manage, invest, and expend funds at its disposal.
435435 (11) Grant monies and things of value in aid of or to,
436436 any individual, firm, corporation, or other business entity,
437437 public or private, as the board determines necessary or
438438 desirable to accomplish any purpose of the center or
439439 incidental to the powers expressly provided by this act.
440440 (12) Take any action necessary to exercise its rights
441441 or fulfill its obligations relevant to the center under state
442442 law.
443443 (13) All other powers necessary to carry out and
444444 effectuate the purposes of this act. These powers shall be
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474474 effectuate the purposes of this act. These powers shall be
475475 construed broadly, so that the failure to state a power of the
476476 board shall not be considered a limitation upon the board, as
477477 long as the board determines the power is necessary to allow
478478 the board to fulfill the purpose of the center, as provided by
479479 this act.
480480 (b) The board may make, enter into, and execute
481481 contracts, agreements, and other instruments with, accept
482482 appropriations, loans, gifts, aid, and grants from, and
483483 cooperate with, any other individual or entity including, but
484484 not limited to, all of the following:
485485 (1) The United States of America, the state, or any
486486 agency, instrumentality, or political subdivision of either.
487487 (2) For profit and nonprofit private entities.
488488 (3) Public bodies, departments, or authorities
489489 including, but not limited to, any entity in the Executive
490490 Branch of the state, to act on behalf of the board in carrying
491491 out functions that the board determines are consistent with
492492 this act and the powers of the center.
493493 (c)(1) Members of the board shall be subject to the
494494 state ethics laws under Chapter 25 of Title 36, Code of
495495 Alabama 1975, but members of the board shall not be required
496496 to submit a statement of economic interests under Section
497497 36-25-14, Code of Alabama 1975. The center is not a business
498498 for purposes of the state ethics laws, Chapter 25 of Title 36,
499499 Code of Alabama 1975, and a public official or public employee
500500 holding a position on the board is not precluded from taking
501501 official actions affecting the center as long as there is no
502502 impermissible personal gain.
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532532 impermissible personal gain.
533533 (2) The board is not subject to the Alabama Open
534534 Meetings Act under Chapter 25A of Title 36, Code of Alabama
535535 1975.
536536 Section 6. (a) The board may enter into contracts,
537537 leases, agreements, investments, and may otherwise expend
538538 monies without compliance with competitive bid laws under
539539 Article 5, commencing with Section 41-4-110, of Chapter 4 of
540540 Title 41, Code of Alabama 1975, and Chapter 2 of Title 39,
541541 Code of Alabama 1975.
542542 (b) Solely as a result of entering into contracts,
543543 leases, agreements, investments, or otherwise as provided in
544544 subsection (a), no for-profit or nonprofit private entity, nor
545545 the officers, employees, agents, or directors of any of the
546546 foregoing, shall become subject to state ethics laws or the
547547 Alabama Open Meetings Act under Chapter 25 and Chapter 25A of
548548 Title 36, Code of Alabama 1975; competitive bid laws under
549549 Article 5, commencing with Section 41-4-110, of Chapter 4 of
550550 Title 41, Code of Alabama 1975; Chapter 2 of Title 39, Code of
551551 Alabama 1975; or public records laws under Article 3,
552552 commencing with Section 36-12-40, of Chapter 12 of Title 36,
553553 Code of Alabama 1975.
554554 Section 7. In addition to the powers provided in
555555 Section 5, the board may enter into annual public-private
556556 partnerships with nonprofit organizations and other entities
557557 to leverage resources and expertise in support of the center's
558558 mission and purpose. Each public-private partnership is
559559 subject to annual renewal by the board.
560560 Section 8. (a) The Alabama Veterans Resource Center
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590590 Section 8. (a) The Alabama Veterans Resource Center
591591 Fund is created in the State Treasury. All monies received by
592592 the board pursuant to this act or otherwise from any source
593593 permitted by this act shall be deposited into the State
594594 Treasury to the credit of the fund. Amounts deposited into the
595595 fund shall be budgeted and allotted in accordance with
596596 Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through
597597 41-19-12, Code of Alabama 1975.
598598 (b) The center may accept additional funding from
599599 public and private sources, including appropriations, loans,
600600 federal gifts, grants, corporate sponsorships, and individual
601601 donations.
602602 Section 9. The board, at any time and by majority vote,
603603 may cause its application for formation to be amended by
604604 having three members of its board of directors file an
605605 amendment with the Secretary of State, which shall be sworn to
606606 by each signatory thereto before an officer authorized to take
607607 acknowledgments to deeds.
608608 Section 10. (a) The board, at any time and by a
609609 three-quarters vote, may dissolve the center by having
610610 three-quarters of the members of the board file with the
611611 Secretary of State an application for dissolution, which shall
612612 be sworn to by each signatory thereto by an officer authorized
613613 to take acknowledgments to deeds.
614614 (b) Upon the filing of the application for dissolution,
615615 the center shall cease to exist. The Secretary of State shall
616616 file and record the application for dissolution, and shall
617617 make and issue, under the Great Seal of the State, a
618618 certificate that the center is dissolved, and shall record the
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648648 certificate that the center is dissolved, and shall record the
649649 certificate with the application for dissolution. Title to all
650650 property held in the name of the center shall be vested in the
651651 state upon dissolution of the center, and the ex officio board
652652 members, by written consent, shall direct how to dispose of
653653 any monies in the Alabama Veterans Resource Center Fund.
654654 Section 11. This act shall be liberally construed to
655655 effectuate its purposes.
656656 Section 12. This act shall become effective on June 1,
657657 2025.
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