Department of Veterans' Affairs created; requirements; authority.

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(A) The Department of Veterans' Affairs is created within the executive branch of the state government for the purpose of assisting former, present, and future members of the armed forces of the United States in securing the benefits to which they are entitled under the provisions of federal legislation and under the terms of insurance policies issued by the federal government for their benefit. Powers, duties, and functions to be vested in the department shall include all those powers, duties, and functions involving cooperation with other governmental units, such as cities and counties, or with the federal government agencies concerned with participation in federal grants-in-aid programs relating to veterans and veterans' affairs. The department shall receive advice and recommendations from a panel consisting of the Governor as chairman, the Attorney General for the purpose of giving legal advice, and the Adjutant and Inspector General.

(B) The department may promulgate regulations necessary to implement the provisions of this chapter.

(C) The department may apply for and accept funds, grants, gifts, and services from the State, the United States Government or any of its agencies, or any other public or private source and may use funds derived from these sources to defray clerical and administrative costs, as may be necessary for carrying out the department's duties.

(D) The department shall submit an annual written report to the Governor and the General Assembly no later than December thirty-first of each year. The annual report shall describe:

(1) the number, nature, and kind of cases handled by the department and by county and city veteran service officers of the State;

(2) the amounts of benefits obtained for veterans;

(3) the names and addresses of all certified veteran service officers of the State;

(4) the current status and condition of the department's domiciliary and nursing homes, including the number of residents received and discharged during the preceding year, occupancy rates, staffing, and all receipts and expenditures from the preceding year; and

(5) any actions taken by the department to implement the provisions of this subsection, including other information and recommendations as the department considers prudent or necessary.

(E) The department shall administer this chapter and shall have the authority and responsibility to apply for and administer any federal programs and develop and coordinate such state programs as may be beneficial to the particular interests of the veterans of this State.

HISTORY: 1962 Code Section 44-601; 1952 Code Section 44-601; 1942 Code Section 2967; 1932 Code Section 2967; 1927 (35) 158; 1966 (54) 2063; 1993 Act No. 181, Section 486; 2014 Act No. 121 (S.22), Pt V, Section 7.BB.1, eff July 1, 2015; 2019 Act No. 26 (H.3438), Section 3, eff July 1, 2019.

Editor's Note

2019 Act No. 26, Section 4, provides as follows:

"SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations.

"(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs.

"(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval."

Effect of Amendment

2014 Act No. 121, Section 7.BB.1, substituted "is hereby created in the Department of Administration" for "in the Office of the Governor is hereby created".

2019 Act No. 26, Section 3, rewrote the section.


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