Alabama 2025 Regular Session

Alabama House Bill HB154 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB154INTRODUCED
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3	3	HB154
4	4	3YSWVZZ-1
5	5	By Representatives Oliver, Moore (P), Bolton, Mooney, Starnes,
6	6	Pettus, Shaver, DuBose, Butler, Rehm
7	7	RFD: Military and Veterans Affairs
8	8	First Read: 04-Feb-25
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16	16	First Read: 04-Feb-25
17	17	SYNOPSIS:
18	18	Under existing law, the State Board of Veterans
19	19	Affairs consists of the Governor and representatives of
20	20	specified veteran service organizations, each appointed
21	21	by the Governor upon nomination by the specified
22	22	organization.
23	23	Under existing law, the board appoints the
24	24	Commissioner to serve as the chief executive officer of
25	25	the State Department of Veterans Affairs. The board also
26	26	adopts rules relating to the governance of the
27	27	department, approves all senior level executives within
28	28	the department, sets department policy, and approves
29	29	contracts entered into by the Commissioner.
30	30	This bill would authorize the Governor to appoint
31	31	the Commissioner to serve at the pleasure of the
32	32	Governor.
33	33	This bill would also revise the membership and
34	34	powers of the board to authorize the board to serve in an
35	35	advisory capacity to the Commissioner and the department.
36	36	Members would be appointed by the Governor, the Speaker
37	37	of the House of Representatives, and the President Pro
38	38	Tempore of the Senate, provided that board appointments
39	39	are coordinated to reflect the entirety of the State’s
40	40	veteran community.
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68	68	28 HB154 INTRODUCED
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70	70	A BILL
71	71	TO BE ENTITLED
72	72	AN ACT
73	73	Relating to veterans affairs; to amend Sections 31-5-2,
74	74	31-5-3, 31-5-5, 31-5-6, 31-5-7, 31-5-8, 31-5-9, 31-5-10,
75	75	31-5-13, 31-5A-3, 31-5A-4, 31-5A-5, 31-5A-6, 31-5A-7, 31-5A-8,
76	76	31-5A-9, and 31-5A-10, Code of Alabama 1975, as last amended
77	77	by Act 2024-442 of the 2024 Regular Session; to require the
78	78	Governor, rather than the State Board of Veterans Affairs,
79	79	to appoint the Commissioner of the State Department of
80	80	Veterans Affairs to serve at the Governor's pleasure;
81	81	to revise the membership of the board; to provide that the
82	82	board serves in an advisory capacity; and to transfer certain
83	83	duties from the board to the State Department of Veterans
84	84	Affairs.
85	85	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
86	86	Section 1. Sections 31-5-2, 31-5-3, 31-5-5, 31-5-6,
87	87	31-5-7, 31-5-8, 31-5-9, 31-5-10, and 31-5-13, Code of Alabama
88	88	1975, as last amended by Act 2024-442 of the 2024 Regular
89	89	Session, are amended to read as follows:
90	90	"§31-5-2
91	91	The State Board of Veterans Affairs is established to
92	92	oversee advise the State Department of Veterans Affairs. The
93	93	department shall be composed of a commissioner and other
94	94	officers and employees authorized to be appointed under this
95	95	chapter who meet the qualifications prescribed by the board
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125	125	chapter who meet the qualifications prescribed by the board
126	126	commissioner. "
127	127	"§31-5-3
128	128	(a)(1) The board shall be composed of nine members
129	129	appointed as follows: the Governor, as chair, and
130	130	representatives, to serve for a term of four years from the
131	131	date of their respective appointments, who shall be selected
132	132	from the memberships of the Alabama Department of the American
133	133	Legion, the Veterans of Foreign Wars, the Disabled American
134	134	Veterans, the Vietnam Veterans of America, AMVETS, the
135	135	Military Order of the Purple Heart, the American Ex-Prisoners
136	136	of War, Incorporated, the Alabama Alliance of the Military
137	137	Officers Association of America, Incorporated, and the Marine
138	138	Corps League.
139	139	a. Seven members appointed by the Governor.
140	140	b. One member appointed by the Speaker of the House.
141	141	c. One member appointed by the President Pro Tempore of
142	142	the Senate.
143	143	(2) Members shall serve for a term of four years from
144	144	the date of their respective appointments. No person shall be
145	145	appointed to serve more than two consecutive terms The
146	146	nomination of the representatives shall be made by the
147	147	executive committees or similar governing bodies of the
148	148	respective organizations. There shall be one representative
149	149	from each of the organizations for the first 7,500 resident
150	150	members, or fraction thereof, and one additional
151	151	representative from each organization for each additional
152	152	7,500 resident members, or fraction thereof. The total
153	153	memberships of the respective organizations shall be
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183	183	memberships of the respective organizations shall be
184	184	determined on July 1 of the year in which the representatives
185	185	shall be designated from the state enrollment of each
186	186	organization as duly verified for correctness by the adjutant
187	187	or a similar officer of the organization. Notwithstanding the
188	188	foregoing, the executive committees or similar governing
189	189	bodies of the organizations shall each nominate to the
190	190	Governor three veterans who are members of the organizations
191	191	for each place on the board to which the organizations are
192	192	entitled to have a nominee. The nominations shall also
193	193	include, in representative proportions, veterans of every war
194	194	which are included in the membership of the organizations .
195	195	(3) Appointments to the board shall be representative
196	196	of the entirety of the state’s veteran community. Board
197	197	members shall include veterans from various branches of the
198	198	Armed Forces of the United States and service eras (including
199	199	active-duty service members) and consist of both members and
200	200	nonmembers of veteran service organizations. Board members
201	201	should also represent entities that provide meaningful
202	202	services to veterans and their families. The appointing
203	203	authorities shall coordinate their appointments to assure that
204	204	the membership of the board is inclusive and reflects the
205	205	racial, gender, geographic, urban, rural, and economic
206	206	diversity of the state 's veteran community .
207	207	(b) The board, in conference with the commissioner,
208	208	shall adopt and amend policies and rules as may be necessary
209	209	to carry out this chapter shall serve in an advisory capacity
210	210	and shall do all of the following:
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240	240	(1) Advise the commissioner on veterans' matters that
241	241	are within the scope of the authority of the department.
242	242	(2) Develop policy recommendations for the state as it
243	243	relates to veterans and veterans' affairs.
244	244	(3) Recommend initiatives to assist the well-being of
245	245	veterans and veterans' families.
246	246	(4) Assist the commissioner and department as needed
247	247	and as otherwise provided in this chapter .
248	248	(c) The board, subject to Section 31-5-6, shall adopt
249	249	rules governing the manner of performance of all functions and
250	250	duties of the department and the various officers and
251	251	employees, including the selection and appointment of all
252	252	commissioners and assistant commissioners, district managers,
253	253	and veteran service officers. The rules shall have the force
254	254	and effect of law and prima facie evidence thereof may be
255	255	given in all courts and proceedings by the production of what
256	256	purports to be an official printed copy of the regulations,
257	257	alterations, repeal, or amendment.
258	258	(d) The board may establish and operate through the
259	259	department state veterans cemeteries and may apply to the
260	260	government of the United States, or any subdivision, agency,
261	261	or instrumentality thereof, for funds for the purpose of
262	262	establishing, operating, and maintaining the cemeteries. The
263	263	department may enter into agreements with any subdivision of
264	264	the state for assistance in operating the cemeteries. The
265	265	department shall own the land on which the cemeteries are
266	266	located. The department may accept federal grant funds,
267	267	funding from state subdivisions, donations from private
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297	297	funding from state subdivisions, donations from private
298	298	sources, and federal plot allowance payments. All of these
299	299	funds shall be deposited into the Veterans Assistance Fund and
300	300	may be used only for the establishment, operation, and
301	301	maintenance of veterans cemeteries. The department may accept
302	302	suitable cemetery land, in accordance with federal veterans
303	303	cemetery grant guidelines, from the federal government, state
304	304	government, state subdivisions, private sources, and any other
305	305	source wishing to transfer land for use as a veterans
306	306	cemetery. No funds used for these projects may be from the
307	307	Education Trust Fund. The commissioner may execute deeds and
308	308	other instruments of conveyance for the department. Any deed
309	309	of cemetery property to the department prior to August 1,
310	310	2012, is ratified and confirmed.
311	311	(e)(c) The board shall hold meetings at times and
312	312	locations to be determined by rules of the board department or
313	313	as designated by the chair.
314	314	(f)(d) The presence of a majority of the members at any
315	315	regular or special meeting of the board shall constitute a
316	316	quorum for the transaction of all business.
317	317	(g)(e) Members of the board shall be entitled to a per
318	318	diem, to be fixed by the board commissioner, and their
319	319	traveling and other necessary expenses actually incurred while
320	320	attending meetings of the board or on the business of the
321	321	department."
322	322	"§31-5-5
323	323	(a)(1) The department shall adopt rules governing the
324	324	manner of performance of all functions and duties of the
325	325	department and the various officers and employees, including
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355	355	department and the various officers and employees, including
356	356	the selection and appointment of all assistant commissioners,
357	357	district managers, and veteran service officers.
358	358	(2) The department may adopt other rules as necessary
359	359	to implement this chapter.
360	360	(3) On the effective date of this act, all rules
361	361	previously adopted by the board shall be considered rules of
362	362	the department until such time the department amends or
363	363	repeals the rules.
364	364	(b) The department, in consultation with the board, shall
365	365	establish and operate state veterans cemeteries and may apply
366	366	to the government of the United States, or any subdivision,
367	367	agency, or instrumentality thereof, for funds for the purpose
368	368	of establishing, operating, and maintaining the cemeteries.
369	369	The department may enter into agreements with any subdivision
370	370	of the state for assistance in operating the cemeteries. The
371	371	department shall own the land on which the cemeteries are
372	372	located. The department may accept federal grant funds,
373	373	funding from state subdivisions, donations from private
374	374	sources, and federal plot allowance payments. All of these
375	375	funds shall be deposited into the Veterans Assistance Fund and
376	376	may be used only for the establishment, operation, and
377	377	maintenance of veterans cemeteries. The department may accept
378	378	suitable cemetery land, in accordance with federal veterans
379	379	cemetery grant guidelines, from the federal government, state
380	380	government, state subdivisions, private sources, and any other
381	381	source wishing to transfer land for use as a veterans
382	382	cemetery. No funds used for these projects may be from the
383	383	Education Trust Fund. The commissioner may execute deeds and
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413	413	Education Trust Fund. The commissioner may execute deeds and
414	414	other instruments of conveyance for the department. Any deed
415	415	of cemetery property to the department prior to August 1,
416	416	2012, is ratified and confirmed.
417	417	(c) The department, through the commissioner , with the
418	418	approval of and in consultation with the board, may contract
419	419	with any organization of veterans which, for a period of five
420	420	years next preceding the date of the contract, has maintained
421	421	an established committee or agency rendering services to
422	422	veterans, similar to the services referred to in Section
423	423	31-5-4, to perform the services for veterans and to process
424	424	any claims or matters of veterans who apply to the department
425	425	for assistance when the veterans have executed a power of
426	426	attorney to the veterans' organization. The department,
427	427	through the contract, shall compensate the veterans'
428	428	organizations on the basis of service rendered, which
429	429	compensation shall be paid from sums appropriated to the
430	430	department. No contract shall be made unless the board
431	431	commissioner determines, owing to the confidential
432	432	relationships involved and the necessity of operating through
433	433	agencies which the veterans involved will feel to be
434	434	sympathetic towards their problems, that the services cannot
435	435	satisfactorily be rendered other than through the agency of
436	436	the veterans' organization and that the best interests of the
437	437	veterans involved will be served if the contract is made. "
438	438	"§31-5-6
439	439	(a) The board Governor shall appoint a commissioner to
440	440	serve for a term of four years subject to removal by the board
441	441	for cause at the Governor's pleasure . The commissioner shall
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471	471	for cause at the Governor's pleasure . The commissioner shall
472	472	be appointed on the basis of education, ability, and
473	473	experience in handling veterans' affairs, and without regard
474	474	to political affiliations. The commissioner shall be a
475	475	resident of this state, shall be a veteran who served on
476	476	active duty for a period of 60 days or more in the Armed
477	477	Forces of the United States and shall have been honorably
478	478	discharged. The commissioner’s salary shall be set by Governor
479	479	and shall not be subject to Section 36-6-6.
480	480	(b) The commissioner shall be the executive and
481	481	administrative officer of the department, subject to the
482	482	authority of the board, and may issue administrative orders
483	483	and directives to all officials and employees in the
484	484	department.
485	485	(c) The department, acting through the commissioner,
486	486	shall be the designated agency of this state to represent the
487	487	state and its veterans before the United States Department of
488	488	Veterans Affairs or any other agency dealing with the
489	489	interests of veterans.
490	490	(d) The commissioner, with the approval of in
491	491	consultation with the board, may enter into reciprocal
492	492	agreements with other states to render services in this state
493	493	to veterans who are nonresidents.
494	494	(e) The commissioner , with the approval of the board,
495	495	shall appoint all assistant commissioners, district managers,
496	496	and veteran service officers as provided in this chapter, fix
497	497	salaries, and establish minimum standards of service. This
498	498	power shall be without regard to any limitation established by
499	499	law, unless any law passed hereafter shall refer specifically
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529	529	law, unless any law passed hereafter shall refer specifically
530	530	to a particular officer or employee of the department.
531	531	(f) The comissionercommissioner shall appoint all
532	532	personnel in the department as authorized or may be authorized
533	533	in the future under the state Merit System and approved by the
534	534	State Personnel Board.
535	535	(g) The commissioner , with the approval of the board,
536	536	may engage in activities designed to educate, recognize, and
537	537	promote the mission of the board to veterans, the public,
538	538	potential applicants, and other public agencies and, in doing
539	539	so, may incur marketing expenditures for educational,
540	540	informational, and promotional items to be used to further its
541	541	purposes as determined by the board ."
542	542	"§31-5-7
543	543	(a) The commissioner shall submit an annual budget to
544	544	the board for its approval of all funds appropriated by the
545	545	Legislature to the department for the specific purposes for
546	546	which they are appropriated and also a budget of any federal
547	547	funds that may be allotted to the state by the federal
548	548	government for the purposes of the department according to the
549	549	regulations of the federal authorities. The commissioner shall
550	550	publish annually a full report of the operations and
551	551	administration of the department, together with
552	552	recommendations and suggestions, and submit the report to the
553	553	board.
554	554	(b) The commissioner shall do all of the following:
555	555	(1) Prepare detailed plans for, and fully develop, a
556	556	comprehensive statewide veterans assistance program.
557	557	(2) Cooperate with all other heads of the state
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587	587	(2) Cooperate with all other heads of the state
588	588	departments in coordinating the plans and programs of state
589	589	agencies that may properly be utilized in the administration
590	590	of various aspects of the problems of challenges faced by
591	591	veterans and dependents of veterans , such as the office of the
592	592	State Adjutant General, the State Department of Education, the
593	593	State Department of Human Resources, the state Department of
594	594	Workforce, and any other state agencies furnishing services to
595	595	veterans.
596	596	(3) Provide a central contact between federal agencies
597	597	dealing with the problems of veterans, to include the United
598	598	States Department of Veterans Affairs, the Selective Service
599	599	System, the Social Security Administration, the Department of
600	600	Defense, and other federal agencies and state agencies that
601	601	may administer administration of veterans' services and
602	602	benefits.
603	603	(4) Maintain central case records of all veterans
604	604	seeking services or benefits to create a clearinghouse of
605	605	information and facilitate the interchange of information and
606	606	case histories among state administrative agencies and the
607	607	federal agencies.
608	608	(5) Become acquainted, and acquaint department
609	609	associates and employees, with the federal, state, and local
610	610	laws enacted for the benefit of members of the armed forces,
611	611	veterans, and their families and dependents.
612	612	(6) Collect data and information about available
613	613	facilities and services and cooperate with information or
614	614	service agencies throughout the state to inform members of the
615	615	armed forces, veterans, their families and dependents, and
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645	645	armed forces, veterans, their families and dependents, and
646	646	military and civil authorities regarding the existence or
647	647	availability of all of the following:
648	648	a. Educational training and retraining facilities.
649	649	b. Health, medical, rehabilitation, and housing
650	650	services and facilities.
651	651	c. Employment and reemployment services.
652	652	d. Provisions of federal, state, and local laws
653	653	affording rights, privileges, and benefits to members of the
654	654	armed forces, veterans, and their families and dependents.
655	655	e. Other matters of similar, relative, or appropriate
656	656	natures.
657	657	(7) Assist all resident veterans and their relatives,
658	658	beneficiaries, and dependents in receiving from the United
659	659	States and this state all compensation, pensions,
660	660	hospitalization, insurance, education, employment, loan
661	661	guarantees, or any other aid or benefit to which they may be
662	662	or may become entitled under existing laws of the United
663	663	States or of this state and perform other related duties
664	664	assigned by the board .
665	665	(8) Cooperate and negotiate with the federal government
666	666	and all national, state, and local governmental or private
667	667	agencies to secure additional services or benefits for
668	668	veterans, their families, and their dependents who are
669	669	residents of this state."
670	670	"§31-5-8
671	671	The commissioner , with the approval of the board, may
672	672	appoint additional assistant commissioners to serve as
673	673	employees in the department, subject to the rules of the board
674	674	309
675	675	310
676	676	311
677	677	312
678	678	313
679	679	314
680	680	315
681	681	316
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703	703	employees in the department, subject to the rules of the board
704	704	department. Assistant commissioners shall be appointed on the
705	705	basis of education, ability, and experience in handling
706	706	veterans' affairs, and without regard to political
707	707	affiliations. The appointees shall be residents of this state,
708	708	shall be veterans who served on active duty for a period of 60
709	709	days or more in the Armed Forces of the United States, and
710	710	shall have been honorably discharged. "
711	711	"§31-5-9
712	712	(a) Except as provided in subsection (b), the
713	713	commissioner, with the approval of the board, shall appoint a
714	714	veteran service officer for each county in the state. Each
715	715	veteran service officer shall be an employee of the department
716	716	and subject to the rules of the boarddepartment. The veteran
717	717	service officer shall be a resident of this state, a qualified
718	718	elector therein, shall be a veteran who served on active duty
719	719	for a period of 60 days or more in the Armed Forces of the
720	720	United States, and shall have been honorably discharged. In
721	721	making appointments, consideration shall be given to whether
722	722	the applicants are residents of the county. The commissioner
723	723	and board shall economize as far as possible in the
724	724	administration of this section.
725	725	(b)(1) The commissioner , with the approval of the
726	726	board, shall determine whether there is a need for a veteran
727	727	service officer in any particular county. In making this
728	728	determination, the commissioner and the board shall consider
729	729	the total population of the county, the number of men and
730	730	women inducted into the armed services from the county, the
731	731	number of veterans present in the county, and special
732	732	337
733	733	338
734	734	339
735	735	340
736	736	341
737	737	342
738	738	343
739	739	344
740	740	345
741	741	346
742	742	347
743	743	348
744	744	349
745	745	350
746	746	351
747	747	352
748	748	353
749	749	354
750	750	355
751	751	356
752	752	357
753	753	358
754	754	359
755	755	360
756	756	361
757	757	362
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759	759	364 HB154 INTRODUCED
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761	761	number of veterans present in the county, and special
762	762	circumstances and facts involving the concentration of
763	763	industries or other problems that may increase or decrease the
764	764	number of veterans in certain localities.
765	765	(2) Where the circumstances do not justify establishing
766	766	a separate office in each county, the commissioner , with the
767	767	approval of the board, shall establish service areas in the
768	768	state containing one or more counties and shall establish a
769	769	service office for each service area in a location most
770	770	advantageous to the veterans within each area.
771	771	(c) The commissioner , with the approval of the board,
772	772	shall establish districts within the state containing one or
773	773	more counties or service areas, and shall appoint district
774	774	managers to manage or assist veteran service officers.
775	775	District managers appointed under this section shall be
776	776	selected in the same manner and possess the same
777	777	qualifications as veteran service officers."
778	778	"§31-5-10
779	779	(a) Each veteran service officer and district manager
780	780	shall perform the duties prescribed by policies, rules, and
781	781	instructions adopted by the board department and shall be
782	782	administratively responsible to the commissioner.
783	783	(b) Each veteran service officer and district manager
784	784	shall do all of the following:
785	785	(1) Cooperate with and assist local veteran service
786	786	organizations in developing assistance programs for veterans.
787	787	(2) Furnish information and data to the commissioner
788	788	relative to various aspects of the issues of veterans and
789	789	dependents of veterans.
790	790	365
791	791	366
792	792	367
793	793	368
794	794	369
795	795	370
796	796	371
797	797	372
798	798	373
799	799	374
800	800	375
801	801	376
802	802	377
803	803	378
804	804	379
805	805	380
806	806	381
807	807	382
808	808	383
809	809	384
810	810	385
811	811	386
812	812	387
813	813	388
814	814	389
815	815	390
816	816	391
817	817	392 HB154 INTRODUCED
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819	819	dependents of veterans.
820	820	(3) Provide an information and referral service to
821	821	veterans seeking aid and assistance in connection with matters
822	822	pertaining to employment and reemployment, educational and
823	823	vocational training, health, medical, rehabilitation, and
824	824	housing services and facilities, emergency financial
825	825	assistance, and other matters as appropriate.
826	826	(4) Cooperate with all national, state, and local
827	827	governmental and private agencies offering services or any
828	828	benefits to veterans and their families and dependents.
829	829	(5) Assist all resident veterans and their relatives,
830	830	beneficiaries, and dependents in receiving from the United
831	831	States and this state all compensation, pension,
832	832	hospitalization, insurance, education, employment, loan
833	833	guarantees, or other aid or benefit to which they may be
834	834	entitled under existing federal law or laws of this state, or
835	835	which may be created, and perform all other related duties
836	836	assigned by the board commissioner.
837	837	(6) Seek out and advise veterans of their rights and
838	838	benefits under federal and state laws, encourage the use of
839	839	educational opportunities, including trade and vocational
840	840	training, and offer counsel to widows, orphans, and
841	841	beneficiaries in order to secure the fullest extent of
842	842	available benefits."
843	843	"§31-5-13
844	844	The department and the commissioner shall maintain
845	845	offices in the capital city of the state. The commissioner,
846	846	under authority of the board, in addition to any service
847	847	office, if deemed necessary, may set up and maintain a service
848	848	393
849	849	394
850	850	395
851	851	396
852	852	397
853	853	398
854	854	399
855	855	400
856	856	401
857	857	402
858	858	403
859	859	404
860	860	405
861	861	406
862	862	407
863	863	408
864	864	409
865	865	410
866	866	411
867	867	412
868	868	413
869	869	414
870	870	415
871	871	416
872	872	417
873	873	418
874	874	419
875	875	420 HB154 INTRODUCED
876	876	Page 16
877	877	office, if deemed necessary, may set up and maintain a service
878	878	office staffed by an assistant commissioner, veteran service
879	879	officer, or district manager, with sufficient clerical
880	880	assistance. "
881	881	Section 2. Sections 31-5A-3, 31-5A-4, 31-5A-5, 31-5A-6,
882	882	31-5A-7, 31-5A-8, 31-5A-9, and 31-5A-10, Code of Alabama 1975,
883	883	as last amended by Act 2024-442 of the 2024RegularSession,
884	884	areamendedtoreadasfollows:
885	885	"§31-5A-3
886	886	The department is the sole agency authorized to receive
887	887	federal aid from the United States Department of Veterans
888	888	Affairs or any other agency of the United States government
889	889	authorized to pay federal aid to states for state homes under
890	890	38 U.S.C. §§ 1741 and 1742, as amended, and from any other
891	891	federal law or act of Congress providing for the payment of
892	892	funds to states for the care of or support of disabled
893	893	veterans in state homes. The department may receive from any
894	894	source gifts, contributions, bequests, and individual
895	895	reimbursements, the receipt of which does not exclude any
896	896	other source of revenue. All funds received by the department
897	897	shall be deposited in the State Treasury in the Alabama
898	898	Veterans Home Trust Fund as established in Section 31-5A-7,
899	899	and the funds shall be expended as authorized by the board
900	900	commissioner. "
901	901	"§31-5A-4
902	902	The department shall contract with a non-governmental
903	903	entity to operate state veterans homes for the care and
904	904	support of elderly or disabled veterans in this state.
905	905	Contracts for the procurement of services required to manage,
906	906	421
907	907	422
908	908	423
909	909	424
910	910	425
911	911	426
912	912	427
913	913	428
914	914	429
915	915	430
916	916	431
917	917	432
918	918	433
919	919	434
920	920	435
921	921	436
922	922	437
923	923	438
924	924	439
925	925	440
926	926	441
927	927	442
928	928	443
929	929	444
930	930	445
931	931	446
932	932	447
933	933	448 HB154 INTRODUCED
934	934	Page 17
935	935	Contracts for the procurement of services required to manage,
936	936	administer, and operate a state veterans home shall be awarded
937	937	on a competitive basis through the solicitation of proposals.
938	938	The contract may be awarded to the vendor whose proposal is
939	939	most advantageous to the state, taking into consideration cost
940	940	factors, program suitability factors, management plan,
941	941	excellence of program design, key personnel, corporate or
942	942	company resources, financial condition of the vendor,
943	943	corporate experience and past performance, and any other
944	944	requirements deemed necessary by the board department and
945	945	expressed in its solicitation for proposals. Any contract
946	946	awarded under this section shall be for a period not to exceed
947	947	five years. The board department is not required to select the
948	948	vendor offering the lowest cost proposal but shall select the
949	949	vendor who, in the board's department's discretion, offers the
950	950	proposal most advantageous to this state. The award of
951	951	contracts described in this section are exempt from the
952	952	requirements of Chapter 16 and Chapter 4 of Title 41. "
953	953	"§31-5A-5
954	954	The commissioner , subject to the approval of the board,
955	955	shall appoint an executive director for oversight and
956	956	coordination of all state veterans homes and shall also
957	957	appoint an on-site director for each state veterans home. The
958	958	executive director and on-site director positions created
959	959	pursuant to this section shall be exempt status, and shall be
960	960	subject to guidelines established by the board department.
961	961	Each director shall be appointed on the basis of education,
962	962	ability, and experience in the administration of medical
963	963	facilities or nursing homes, without regard to political
964	964	449
965	965	450
966	966	451
967	967	452
968	968	453
969	969	454
970	970	455
971	971	456
972	972	457
973	973	458
974	974	459
975	975	460
976	976	461
977	977	462
978	978	463
979	979	464
980	980	465
981	981	466
982	982	467
983	983	468
984	984	469
985	985	470
986	986	471
987	987	472
988	988	473
989	989	474
990	990	475
991	991	476 HB154 INTRODUCED
992	992	Page 18
993	993	facilities or nursing homes, without regard to political
994	994	affiliations. Each director shall perform his or her duties in
995	995	accordance with the rules, guidelines, and general policies
996	996	established by the board department and as provided in this
997	997	chapter. "
998	998	"§31-5A-6
999	999	The board, in conference with the commissioner, in
1000	1000	consultation with the board, shall do all of the following:
1001	1001	(1) Provide for the operation of state veterans homes
1002	1002	for the care of and support of elderly and disabled veterans
1003	1003	in this state as prescribed in this chapter.
1004	1004	(2) Adopt rules for the creation and operation of any
1005	1005	state veterans home.
1006	1006	(3) Apply for and accept gifts, grants, and other
1007	1007	contributions from the federal government or from any other
1008	1008	governmental unit.
1009	1009	(4) Use funds received from the federal government or
1010	1010	from any other governmental unit for the purposes authorized
1011	1011	and directed by the federal government or other governmental
1012	1012	unit in making the funds available.
1013	1013	(5) Accept gifts, grants, donations, and contributions
1014	1014	of real estate, both vacant and improved, facilities,
1015	1015	services, or other property from individuals, firms,
1016	1016	corporations, organizations, and associations, and from county
1017	1017	and municipal corporations and their subdivisions, plus any
1018	1018	other sources of revenue for any state veterans homes. All
1019	1019	expenditures from the trust fund shall be made upon warrants
1020	1020	issued by the state Comptroller drawn on account held by the
1021	1021	State Treasury based upon claims approved by the board
1022	1022	477
1023	1023	478
1024	1024	479
1025	1025	480
1026	1026	481
1027	1027	482
1028	1028	483
1029	1029	484
1030	1030	485
1031	1031	486
1032	1032	487
1033	1033	488
1034	1034	489
1035	1035	490
1036	1036	491
1037	1037	492
1038	1038	493
1039	1039	494
1040	1040	495
1041	1041	496
1042	1042	497
1043	1043	498
1044	1044	499
1045	1045	500
1046	1046	501
1047	1047	502
1048	1048	503
1049	1049	504 HB154 INTRODUCED
1050	1050	Page 19
1051	1051	State Treasury based upon claims approved by the board
1052	1052	commissioner."
1053	1053	"§31-5A-7
1054	1054	(a) A trust fund in the State Treasury is created for
1055	1055	the benefit of the State Department of Veterans Affairs, to be
1056	1056	known as the Alabama Veterans Home Trust Fund.
1057	1057	(b) The trust fund shall consist of all funds received
1058	1058	by the board or the department from the United States, any
1059	1059	federal agency or institution, gifts, contributions, bequests,
1060	1060	any individual reimbursements, and any other source, for the
1061	1061	care or support of veterans, discharged other than under
1062	1062	dishonorable conditions, who have been admitted and cared for
1063	1063	at a state veterans home.
1064	1064	(c) Nothing contained in this section prohibits the
1065	1065	establishment and utilization of special agency accounts by
1066	1066	the department and its constituent institutions , as may be
1067	1067	approved by the board, for receipt and disbursement of the
1068	1068	personal funds of state veterans home residents and members or
1069	1069	for receipt and disbursement of charitable contributions and
1070	1070	donations for use by and for the benefit of residents and
1071	1071	members.
1072	1072	(d) The trust fund created pursuant to this section
1073	1073	shall be used by the department to pay for the care of
1074	1074	veterans, discharged other than under dishonorable conditions,
1075	1075	in a state veterans home and to pay the general operating
1076	1076	expenses of a state veterans home, including the payment of
1077	1077	salaries and wages of officials and employees. Funds in the
1078	1078	trust fund may be used to remodel, repair, construct, build
1079	1079	additions, modernize, or add improvements of domiciliary or
1080	1080	505
1081	1081	506
1082	1082	507
1083	1083	508
1084	1084	509
1085	1085	510
1086	1086	511
1087	1087	512
1088	1088	513
1089	1089	514
1090	1090	515
1091	1091	516
1092	1092	517
1093	1093	518
1094	1094	519
1095	1095	520
1096	1096	521
1097	1097	522
1098	1098	523
1099	1099	524
1100	1100	525
1101	1101	526
1102	1102	527
1103	1103	528
1104	1104	529
1105	1105	530
1106	1106	531
1107	1107	532 HB154 INTRODUCED
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1109	1109	additions, modernize, or add improvements of domiciliary or
1110	1110	hospital buildings necessary for the care of veterans, plus
1111	1111	architectural plans, specifications, or other pertinent costs
1112	1112	as approved by appropriate state agencies. All funds
1113	1113	deposited, plus income earned on investment or reinvestment,
1114	1114	shall be credited to the trust fund created pursuant to this
1115	1115	section. Any money remaining in the fund at the end of each
1116	1116	fiscal year shall remain on deposit in the State Treasury to
1117	1117	the credit of the Alabama Veterans Home Trust Fund. No funds
1118	1118	shall be withdrawn or expended for any purpose unless the
1119	1119	funds have been allotted and budgeted in accordance with
1120	1120	Article 4 of Chapter 4 of Title 41, and only in the amounts
1121	1121	and for the purposes provided by the Legislature in the
1122	1122	General Appropriation Act."
1123	1123	"§31-5A-8
1124	1124	(a) Admissions to and discharges from any state
1125	1125	veterans home shall be in accordance with the policies and
1126	1126	procedures established by the board department at the time an
1127	1127	application for admission or for discharge is submitted.
1128	1128	(b) The board department may admit and discharge
1129	1129	veterans to any state veterans home who qualify for care and
1130	1130	treatment under 38 U.S.C. §§ 1710 and 1741, and may adopt
1131	1131	rules consistent with accepted medical considerations to carry
1132	1132	out this function."
1133	1133	"§31-5A-9
1134	1134	(a) The board department shall report annually to the
1135	1135	Governor the activities of the department regarding the
1136	1136	operation of the state veterans homes.
1137	1137	(b) The annual report shall contain an accounting of
1138	1138	533
1139	1139	534
1140	1140	535
1141	1141	536
1142	1142	537
1143	1143	538
1144	1144	539
1145	1145	540
1146	1146	541
1147	1147	542
1148	1148	543
1149	1149	544
1150	1150	545
1151	1151	546
1152	1152	547
1153	1153	548
1154	1154	549
1155	1155	550
1156	1156	551
1157	1157	552
1158	1158	553
1159	1159	554
1160	1160	555
1161	1161	556
1162	1162	557
1163	1163	558
1164	1164	559
1165	1165	560 HB154 INTRODUCED
1166	1166	Page 21
1167	1167	(b) The annual report shall contain an accounting of
1168	1168	all monies received and expended, statistics on veterans who
1169	1169	resided in the homes during the year, recommendations to the
1170	1170	Governor and the Legislature, and other matters deemed
1171	1171	pertinent by the board department.
1172	1172	(c) The commissioner , with the approval of the board,
1173	1173	shall compile an annual budget request, as necessary, listing
1174	1174	needs for state funding for anticipated costs of veterans
1175	1175	homes. The budget request shall be submitted to the Department
1176	1176	of Finance in conjunction with the State Department of
1177	1177	Veterans Affairs annual budget requests."
1178	1178	"§31-5A-10
1179	1179	Each resident of any state veterans home shall pay
1180	1180	directly to the contracted service operator of the home the
1181	1181	cost of maintaining his or her residence at the home. The cost
1182	1182	shall be determined by the board in conference with the
1183	1183	commissioner. The cost of the care shall be paid by the 10th
1184	1184	day of each month. "
1185	1185	Section 3. This act shall become effective immediately.
1186	1186	561
1187	1187	562
1188	1188	563
1189	1189	564
1190	1190	565
1191	1191	566
1192	1192	567
1193	1193	568
1194	1194	569
1195	1195	570
1196	1196	571
1197	1197	572
1198	1198	573
1199	1199	574
1200	1200	575
1201	1201	576
1202	1202	577
1203	1203	578