SB67INTRODUCED
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SB67
TQKU551-1
By Senators Jones, Chesteen
RFD: Veterans and Military Affairs
First Read: 04-Feb-25
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5 TQKU551-1 02/04/2025 EBO-DHC EBO AB EBO-2025-28
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First Read: 04-Feb-25
SYNOPSIS:
Under existing law, the State Board of Veterans
Affairs consists of the Governor and representatives of
specified veteran service organizations, each appointed
by the Governor upon nomination by the specified
organization.
Under existing law, the board appoints the
Commissioner to serve as the chief executive officer of
the State Department of Veterans Affairs. The board also
adopts rules relating to the governance of the
department, approves all senior level executives within
the department, sets department policy, and approves
contracts entered into by the Commissioner.
This bill would authorize the Governor to appoint
the Commissioner to serve at the pleasure of the
Governor.
This bill would also revise the membership and
powers of the board to authorize the board to serve in an
advisory capacity to the Commissioner and the department.
Members would be appointed by the Governor, the Speaker
of the House of Representatives, and the President Pro
Tempore of the Senate, provided that board appointments
are coordinated to reflect the entirety of the State’s
veteran community.
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A BILL
TO BE ENTITLED
AN ACT
Relating to veterans affairs; to amend Sections 31-5-2,
31-5-3, 31-5-5, 31-5-6, 31-5-7, 31-5-8, 31-5-9, 31-5-10,
31-5-13, 31-5A-3, 31-5A-4, 31-5A-5, 31-5A-6, 31-5A-7, 31-5A-8,
31-5A-9, and 31-5A-10, Code of Alabama 1975, as last amended
by Act 2024-442 of the 2024 Regular Session; to require the
Governor, rather than the State Board of Veterans Affairs,
to appoint the Commissioner of the State Department of
Veterans Affairs to serve at the Governor's pleasure;
to revise the membership of the board; to provide that the
board serves in an advisory capacity; and to transfer certain
duties from the board to the State Department of Veterans
Affairs.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 31-5-2, 31-5-3, 31-5-5, 31-5-6,
31-5-7, 31-5-8, 31-5-9, 31-5-10, and 31-5-13, Code of Alabama
1975, as last amended by Act 2024-442 of the 2024 Regular
Session, are amended to read as follows:
"§31-5-2
The State Board of Veterans Affairs is established to
oversee advise the State Department of Veterans Affairs. The
department shall be composed of a commissioner and other
officers and employees authorized to be appointed under this
chapter who meet the qualifications prescribed by the board
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chapter who meet the qualifications prescribed by the board
commissioner. "
"§31-5-3
(a)(1) The board shall be composed of nine members
appointed as follows: 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 Veterans of Foreign Wars, the Disabled American
Veterans, 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, Incorporated, and the Marine
Corps League.
a. Seven members appointed by the Governor.
b. One member appointed by the Speaker of the House.
c. One member appointed by the President Pro Tempore of
the Senate.
(2) Members shall serve for a term of four years from
the date of their respective appointments. No person shall be
appointed to serve more than two consecutive terms The
nomination of the representatives shall be made by the
executive committees or similar governing bodies of the
respective organizations. 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
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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 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 .
(3) Appointments to the board shall be representative
of the entirety of the state’s veteran community. Board
members shall include veterans from various branches of the
Armed Forces of the United States and service eras (including
active-duty service members) and consist of both members and
nonmembers of veteran service organizations. Board members
should also represent entities that provide meaningful
services to veterans and their families. The appointing
authorities shall coordinate their appointments to assure that
the membership of the board is inclusive and reflects the
racial, gender, geographic, urban, rural, and economic
diversity of the state 's veteran community .
(b) The board, in conference with the commissioner,
shall adopt and amend policies and rules as may be necessary
to carry out this chapter shall serve in an advisory capacity
and shall do all of the following:
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(1) Advise the commissioner on veterans' matters that
are within the scope of the authority of the department.
(2) Develop policy recommendations for the state as it
relates to veterans and veterans' affairs.
(3) Recommend initiatives to assist the well-being of
veterans and veterans' families.
(4) Assist the commissioner and department as needed
and as otherwise provided in this chapter .
(c) The board, subject to Section 31-5-6, shall adopt
rules governing the manner of performance of all functions and
duties of the department and the various officers and
employees, including the selection and appointment of all
commissioners and assistant commissioners, district managers,
and veteran service officers. The rules 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 board may establish and operate through the
department state veterans cemeteries and may apply to the
government of the United States, or any subdivision, agency,
or instrumentality thereof, for funds for the purpose of
establishing, operating, and maintaining the cemeteries. The
department may enter into agreements with any subdivision of
the state for assistance in operating the cemeteries. The
department shall own the land on which the cemeteries are
located. The department may accept federal grant funds,
funding from state subdivisions, donations from private
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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 veterans cemeteries. The department may accept
suitable cemetery land, in accordance with federal 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
cemetery. No funds used for these projects may be from the
Education Trust Fund. The commissioner may execute deeds and
other instruments of conveyance for the department. Any deed
of cemetery property to the department prior to August 1,
2012, is ratified and confirmed.
(e)(c) The board shall hold meetings at times and
locations to be determined by rules of the board department or
as designated by the chair.
(f)(d) The presence of a majority of the members at any
regular or special meeting of the board shall constitute a
quorum for the transaction of all business.
(g)(e) Members of the board shall be entitled to a per
diem, to be fixed by the board commissioner, and their
traveling and other necessary expenses actually incurred while
attending meetings of the board or on the business of the
department."
"§31-5-5
(a)(1) The department shall adopt rules governing the
manner of performance of all functions and duties of the
department and the various officers and employees, including
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department and the various officers and employees, including
the selection and appointment of all assistant commissioners,
district managers, and veteran service officers.
(2) The department may adopt other rules as necessary
to implement this chapter.
(3) On the effective date of this act, all rules
previously adopted by the board shall be considered rules of
the department until such time the department amends or
repeals the rules.
(b) The department, in consultation with the board, shall
establish and operate state veterans cemeteries and may apply
to the government of the United States, or any subdivision,
agency, or instrumentality thereof, for funds for the purpose
of establishing, operating, and maintaining the cemeteries.
The department may enter into agreements with any subdivision
of the state for assistance in operating the cemeteries. The
department shall own the land on which the 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 veterans cemeteries. The department may accept
suitable cemetery land, in accordance with federal 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
cemetery. No funds used for these projects may be from the
Education Trust Fund. The commissioner may execute deeds and
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Education Trust Fund. The commissioner may execute deeds and
other instruments of conveyance for the department. Any deed
of cemetery property to the department prior to August 1,
2012, is ratified and confirmed.
(c) The department, through the commissioner , with the
approval of and in consultation with the board, may contract
with any organization of veterans which, for a period of five
years next preceding the date of the contract, has maintained
an established committee or agency rendering services to
veterans, similar to the services referred to in Section
31-5-4, to perform the services for veterans and to process
any claims or matters of veterans who apply to the department
for assistance when the veterans have executed a power of
attorney to the veterans' organization. The department,
through the contract, shall compensate the veterans'
organizations on the basis of service rendered, which
compensation shall be paid from sums appropriated to the
department. No contract shall be made unless the board
commissioner determines, owing to the confidential
relationships involved and the necessity of operating through
agencies which the veterans involved will feel to be
sympathetic towards their problems, that the services cannot
satisfactorily be rendered other than through the agency of
the veterans' organization and that the best interests of the
veterans involved will be served if the contract is made. "
"§31-5-6
(a) The board Governor shall appoint a commissioner to
serve for a term of four years subject to removal by the board
for cause at the Governor's pleasure . The commissioner shall
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for cause at the Governor's pleasure . The commissioner shall
be appointed on the basis of education, ability, and
experience in handling veterans' affairs, and without regard
to political affiliations. The commissioner shall be a
resident of this state, shall be a veteran who served on
active duty for a period of 60 days or more in the Armed
Forces of the United States and shall have been honorably
discharged. The commissioner’s salary shall be set by Governor
and shall not be subject to Section 36-6-6.
(b) The commissioner shall be the executive and
administrative officer of the department, subject to the
authority of the board, and may issue administrative orders
and directives to all officials and employees in the
department.
(c) The department, acting through the commissioner,
shall be the designated agency of this state to represent the
state and its veterans before the United States Department of
Veterans Affairs or any other agency dealing with the
interests of veterans.
(d) The commissioner, with the approval of in
consultation with the board, may enter into reciprocal
agreements with other states to render services in this state
to veterans who are nonresidents.
(e) The commissioner , with the approval of the board,
shall appoint all assistant commissioners, district managers,
and veteran service officers as provided in this chapter, fix
salaries, and establish minimum standards of service. This
power shall be without regard to any limitation established by
law, unless any law passed hereafter shall refer specifically
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law, unless any law passed hereafter shall refer specifically
to a particular officer or employee of the department.
(f) The comissionercommissioner shall appoint all
personnel in the department as authorized or may be authorized
in the future under the state Merit System and approved by the
State Personnel Board.
(g) The commissioner , with the approval of the board,
may engage in activities designed to educate, recognize, and
promote the mission of the board to veterans, the public,
potential applicants, and other public agencies and, in doing
so, may incur marketing expenditures for educational,
informational, and promotional items to be used to further its
purposes as determined by the board ."
"§31-5-7
(a) The commissioner shall submit an annual budget to
the board for its approval of all funds appropriated by the
Legislature to the department for the specific purposes for
which they are appropriated and also a budget of any federal
funds that may be allotted to the state by the federal
government for the purposes of the department according to the
regulations of the federal authorities. The commissioner shall
publish annually a full report of the operations and
administration of the department, together with
recommendations and suggestions, and submit the report to the
board.
(b) The commissioner shall do all of the following:
(1) Prepare detailed plans for, and fully develop, a
comprehensive statewide veterans assistance program.
(2) Cooperate with all other heads of the state
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(2) Cooperate with all other heads of the state
departments in coordinating the plans and programs of state
agencies that may properly be utilized in the administration
of various aspects of the problems of challenges faced by
veterans and dependents of veterans , such as the office of the
State Adjutant General, the State Department of Education, the
State Department of Human Resources, the state Department of
Workforce, and any other state agencies furnishing services to
veterans.
(3) Provide a central contact between federal agencies
dealing with the problems of veterans, to include the United
States Department of Veterans Affairs, the Selective Service
System, the Social Security Administration, the Department of
Defense, and other federal agencies and state agencies that
may administer administration of veterans' services and
benefits.
(4) Maintain central case records of all veterans
seeking services or benefits to create a clearinghouse of
information and facilitate the interchange of information and
case histories among state administrative agencies and the
federal agencies.
(5) Become acquainted, and acquaint department
associates and employees, with the federal, state, and local
laws enacted for the benefit of members of the armed forces,
veterans, and their families and dependents.
(6) Collect data and information about available
facilities and services and cooperate with information or
service agencies throughout the state to inform members of the
armed forces, veterans, their families and dependents, and
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armed forces, veterans, their families and dependents, and
military and civil authorities regarding the existence or
availability of all of the following:
a. Educational training and retraining facilities.
b. Health, medical, rehabilitation, and housing
services and facilities.
c. Employment and reemployment services.
d. Provisions of federal, state, and local laws
affording rights, privileges, and benefits to members of the
armed forces, veterans, and their families and dependents.
e. Other matters of similar, relative, or appropriate
natures.
(7) Assist all resident veterans and their relatives,
beneficiaries, and dependents in receiving from the United
States and this state all compensation, pensions,
hospitalization, insurance, education, employment, loan
guarantees, or any other aid or benefit to which they may be
or may become entitled under existing laws of the United
States or of this state and perform other related duties
assigned by the board .
(8) Cooperate and negotiate with the federal government
and all national, state, and local governmental or private
agencies to secure additional services or benefits for
veterans, their families, and their dependents who are
residents of this state."
"§31-5-8
The commissioner , with the approval of the board, may
appoint additional assistant commissioners to serve as
employees in the department, subject to the rules of the board
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employees in the department, subject to the rules of the board
department. Assistant commissioners shall be appointed on the
basis of education, ability, and experience in handling
veterans' affairs, and without regard to political
affiliations. The appointees shall be residents of this state,
shall be veterans who served on active duty for a period of 60
days or more in the Armed Forces of the United States, and
shall have been honorably discharged. "
"§31-5-9
(a) Except as provided in subsection (b), the
commissioner, with the approval of the board, shall appoint a
veteran service officer for each county in the state. Each
veteran service officer shall be an employee of the department
and subject to the rules of the boarddepartment. The veteran
service officer shall be a resident of this state, a qualified
elector therein, shall be a veteran who served on active duty
for a period of 60 days or more in the Armed Forces of the
United States, and shall have been honorably discharged. In
making appointments, consideration shall be given to whether
the applicants are residents of the county. The commissioner
and board shall economize as far as possible in the
administration of this section.
(b)(1) The commissioner , with the approval of the
board, shall determine whether there is a need for a veteran
service officer in any particular county. In making this
determination, the commissioner and the board shall consider
the total population of the county, the number of men and
women inducted into the armed services from the county, the
number of veterans present in the county, and special
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number of veterans present in the county, and special
circumstances and facts involving the concentration of
industries or other problems that may increase or decrease the
number of veterans in certain localities.
(2) Where the circumstances do not justify establishing
a separate office in each county, the commissioner , with the
approval of the board, shall establish service areas in the
state containing one or more counties and shall establish a
service office for each service area in a location most
advantageous to the veterans within each area.
(c) The commissioner , with the approval of the board,
shall establish districts within the state containing one or
more counties or service areas, and shall appoint district
managers to manage or assist veteran service officers.
District managers appointed under this section shall be
selected in the same manner and possess the same
qualifications as veteran service officers."
"§31-5-10
(a) Each veteran service officer and district manager
shall perform the duties prescribed by policies, rules, and
instructions adopted by the board department and shall be
administratively responsible to the commissioner.
(b) Each veteran service officer and district manager
shall do all of the following:
(1) Cooperate with and assist local veteran service
organizations in developing assistance programs for veterans.
(2) Furnish information and data to the commissioner
relative to various aspects of the issues of veterans and
dependents of veterans.
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dependents of veterans.
(3) Provide an information and referral service to
veterans seeking aid and assistance in connection with matters
pertaining to employment and reemployment, educational and
vocational training, health, medical, rehabilitation, and
housing services and facilities, emergency financial
assistance, and other matters as appropriate.
(4) Cooperate with all national, state, and local
governmental and private agencies offering services or any
benefits to veterans and their families and dependents.
(5) Assist all resident veterans and their relatives,
beneficiaries, and dependents in receiving from the United
States and this state all compensation, pension,
hospitalization, insurance, education, employment, loan
guarantees, or other aid or benefit to which they may be
entitled under existing federal law or laws of this state, or
which may be created, and perform all other related duties
assigned by the board commissioner.
(6) Seek out and advise veterans of their rights and
benefits under federal and state laws, encourage the use of
educational opportunities, including trade and vocational
training, and offer counsel to widows, orphans, and
beneficiaries in order to secure the fullest extent of
available benefits."
"§31-5-13
The department and the commissioner shall maintain
offices in the capital city of the state. The commissioner,
under authority of the board, in addition to any service
office, if deemed necessary, may set up and maintain a service
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office, if deemed necessary, may set up and maintain a service
office staffed by an assistant commissioner, veteran service
officer, or district manager, with sufficient clerical
assistance. "
Section 2. Sections 31-5A-3, 31-5A-4, 31-5A-5, 31-5A-6,
31-5A-7, 31-5A-8, 31-5A-9, and 31-5A-10, Code of Alabama 1975,
as last amended by Act 2024-442 of the 2024RegularSession,
areamendedtoreadasfollows:
"§31-5A-3
The department is the sole agency authorized to receive
federal aid from the United States Department of Veterans
Affairs or any other agency of the United States government
authorized to pay federal aid to states for state homes under
38 U.S.C. §§ 1741 and 1742, as amended, and from any other
federal law or act of Congress providing for the payment of
funds to states for the care of or support of disabled
veterans in state homes. The department may receive from any
source gifts, contributions, bequests, and individual
reimbursements, the receipt of which does not exclude any
other source of revenue. All funds received by the department
shall be deposited in the State Treasury in the Alabama
Veterans Home Trust Fund as established in Section 31-5A-7,
and the funds shall be expended as authorized by the board
commissioner. "
"§31-5A-4
The department shall contract with a non-governmental
entity to operate state veterans homes for the care and
support of elderly or disabled veterans in this state.
Contracts for the procurement of services required to manage,
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Contracts for the procurement of services required to manage,
administer, and operate a state veterans home shall be awarded
on a competitive basis through the solicitation of proposals.
The contract may be awarded to the vendor whose proposal is
most advantageous to the state, taking into consideration cost
factors, program suitability factors, management plan,
excellence of program design, key personnel, corporate or
company resources, financial condition of the vendor,
corporate experience and past performance, and any other
requirements deemed necessary by the board department and
expressed in its solicitation for proposals. Any contract
awarded under this section shall be for a period not to exceed
five years. The board department is not required to select the
vendor offering the lowest cost proposal but shall select the
vendor who, in the board's department's discretion, offers the
proposal most advantageous to this state. The award of
contracts described in this section are exempt from the
requirements of Chapter 16 and Chapter 4 of Title 41. "
"§31-5A-5
The commissioner , subject to the approval of the board,
shall appoint an executive director for oversight and
coordination of all state veterans homes and shall also
appoint an on-site director for each state veterans home. The
executive director and on-site director positions created
pursuant to this section shall be exempt status, and shall be
subject to guidelines established by the board department.
Each director shall be appointed on the basis of education,
ability, and experience in the administration of medical
facilities or nursing homes, without regard to political
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facilities or nursing homes, without regard to political
affiliations. Each director shall perform his or her duties in
accordance with the rules, guidelines, and general policies
established by the board department and as provided in this
chapter. "
"§31-5A-6
The board, in conference with the commissioner, in
consultation with the board, shall do all of the following:
(1) Provide for the operation of state veterans homes
for the care of and support of elderly and disabled veterans
in this state as prescribed in this chapter.
(2) Adopt rules for the creation and operation of any
state veterans home.
(3) Apply for and accept gifts, grants, and other
contributions from the federal government or from any other
governmental unit.
(4) Use funds received from the federal government or
from any other governmental unit for the purposes authorized
and directed by the federal government or other governmental
unit in making the funds available.
(5) Accept gifts, grants, donations, and contributions
of real estate, both vacant and improved, facilities,
services, or other property from individuals, firms,
corporations, organizations, and associations, and from county
and municipal corporations and their subdivisions, plus any
other sources of revenue for any state veterans homes. All
expenditures from the trust fund shall be made upon warrants
issued by the state Comptroller drawn on account held by the
State Treasury based upon claims approved by the board
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State Treasury based upon claims approved by the board
commissioner."
"§31-5A-7
(a) A trust fund in the State Treasury is created for
the benefit of the State Department of Veterans Affairs, to be
known as the Alabama Veterans Home Trust Fund.
(b) The trust fund shall consist of all funds received
by the board or the department from the United States, any
federal agency or institution, gifts, contributions, bequests,
any individual reimbursements, and any other source, for the
care or support of veterans, discharged other than under
dishonorable conditions, who have been admitted and cared for
at a state veterans home.
(c) Nothing contained in this section prohibits the
establishment and utilization of special agency accounts by
the department and its constituent institutions , as may be
approved by the board, for receipt and disbursement of the
personal funds of state veterans home residents and members or
for receipt and disbursement of charitable contributions and
donations for use by and for the benefit of residents and
members.
(d) The trust fund created pursuant to this section
shall be used by the department to pay for the care of
veterans, discharged other than under dishonorable conditions,
in a state veterans home and to pay the general operating
expenses of a state veterans home, including the payment of
salaries and wages of officials and employees. Funds in the
trust fund may be used to remodel, repair, construct, build
additions, modernize, or add improvements of domiciliary or
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additions, modernize, or add improvements of domiciliary or
hospital buildings necessary for the care of veterans, plus
architectural plans, specifications, or other pertinent costs
as approved by appropriate state agencies. All funds
deposited, plus income earned on investment or reinvestment,
shall be credited to the trust fund created pursuant to this
section. Any money remaining in the fund at the end of each
fiscal year shall remain on deposit in the State Treasury to
the credit of the Alabama Veterans Home Trust Fund. No funds
shall be withdrawn or expended for any purpose unless the
funds have been allotted and budgeted in accordance with
Article 4 of Chapter 4 of Title 41, and only in the amounts
and for the purposes provided by the Legislature in the
General Appropriation Act."
"§31-5A-8
(a) Admissions to and discharges from any state
veterans home shall be in accordance with the policies and
procedures established by the board department at the time an
application for admission or for discharge is submitted.
(b) The board department may admit and discharge
veterans to any state veterans home who qualify for care and
treatment under 38 U.S.C. §§ 1710 and 1741, and may adopt
rules consistent with accepted medical considerations to carry
out this function."
"§31-5A-9
(a) The board department shall report annually to the
Governor the activities of the department regarding the
operation of the state veterans homes.
(b) The annual report shall contain an accounting of
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(b) The annual report shall contain an accounting of
all monies received and expended, statistics on veterans who
resided in the homes during the year, recommendations to the
Governor and the Legislature, and other matters deemed
pertinent by the board department.
(c) The commissioner , with the approval of the board,
shall compile an annual budget request, as necessary, listing
needs for state funding for anticipated costs of veterans
homes. The budget request shall be submitted to the Department
of Finance in conjunction with the State Department of
Veterans Affairs annual budget requests."
"§31-5A-10
Each resident of any state veterans home shall pay
directly to the contracted service operator of the home the
cost of maintaining his or her residence at the home. The cost
shall be determined by the board in conference with the
commissioner. The cost of the care shall be paid by the 10th
day of each month. "
Section 3. This act shall become effective immediately.
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