Delaware-2023-HB399-Draft

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 29 of the Delaware Code by inserting a new Chapter 88 as shown by underline as follows:

CHAPTER 88. DEPARTMENT OF VETERANS’ AFFAIRS

§ 8801. Establishment of Department of Veterans’ Affairs; definitions.

(a) A Department of Veterans’ Affairs is established. The Department of Veterans’ Affairs has the powers, duties, and functions set forth in this chapter.

(b) As used in this chapter:

(1) “Department” means the Department of Veterans’ Affairs.

(2) “Secretary” means the Secretary of Veterans’ Affairs.

§ 8802. Secretary; appointment.

(a) The administrator and head of the Department is the Secretary of Veterans’ Affairs, who must be a veteran qualified by training and experience to perform the duties of the office, and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary is appointed by the Governor, with the advice and consent of the Senate, and serves at the pleasure of the Governor. The Secretary shall be paid an annual salary as set forth in the annual Budget Appropriation Bill.

(b) In the event of death, resignation, temporary incapacity, or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint a member of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint a member of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary has all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.

§ 8802. Powers, duties, and functions of the Secretary.

The Secretary has the following powers, duties, and functions:

(1) To supervise, direct, and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions, and employees.

(2) To hire such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law.

(3) To establish, consolidate, or abolish such divisions and offices within the Department or transfer or combine the powers, duties, and functions of the divisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties, and functions required by law shall be provided for and maintained.

(4) To make and enter into any and all contracts, agreements, or stipulations, and to retain, employ, and contract for the services of private and public consultants, research, and technical and other services and facilities, whenever the same is deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds are available for such purpose. All necessary legal services must be provided pursuant to Chapter 25 of this title.

(5) To delegate any of the Secretary’s powers, duties, or functions to a director of a division, except the power to remove employees of the Department or to fix their compensation.

(6) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as are deemed necessary by the Secretary and which are consistent with the laws of this State.

(7) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department.

(8) To adopt an official seal or seals for the Department.

§ 8803. Duties of the Secretary in consultation with the Commission.

(a) The Secretary shall, in consultation with the Delaware Commission of Veterans’ Affairs, do all of the following:

(1) Oversee the administration of the Delaware State Veterans’ Home and have the authority to promulgate rules, regulations, and policy as necessary for the operation of a veterans’ home.

(2) To operate and administer a Delaware Veterans’ Memorial Cemetery in the State and promulgate such rules and regulations governing the operation of a cemetery as necessary.

(3) Maintain a repository for all veterans’ “Statement of Service” or similar documentary verification of active armed service.

(4) Administer the Delaware Veterans Trust Fund, which will provide financial assistance or grants to veterans with a minimum discharge status of general discharge under honorable conditions to cover costs associated with medical and dental needs; medical transportation; homelessness support; home repairs and safety modifications; household utilities; and educational or retraining programs.

(5) Represent the State in concert with other states’ veterans’ agencies and the U.S. Veterans’ Administration on matters of mutual interest and concern.

(6) Coordinate with and advise all departments and agencies of the State on all matters pertaining to education, training, employment, medical, and financial benefit programs for veterans, their dependents, and their survivors.

(b) The Department and the Secretary shall augment, not replace nor infringe upon, the functions of the service officers or representatives of veterans’ organizations; provided, however, the Commission may recommend and the Department may appoint a service officer in each county, such service officer to be accountable and responsible to the Secretary.

Section 2. Amend Chapters 87 and 88, Title 29 of the Delaware Code by transferring §§ 8720 through 8725 of Chapter 87 of Title 29, to Chapter 88 of Title 29, and then by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8720. 8811. Delaware Commission of Veterans’ Affairs — Established; composition; powers.

(a) There is hereby established the Delaware Commission of Veterans’ Affairs, hereafter referred to as the “Commission.”

(b) The Commission shall be is composed of 15 Commissioners all of whom shall be are appointed by the Governor for terms of 4 years, and shall be veterans who are residents of the State of Delaware and citizens of the United States.

(1) Ten Commissioners shall be representatives of statewide veteran organizations that are chartered by Congress or authorized under federal law. Where a Commissioner represents a veteran organization, that organization must, within 60 days prior to the expiration of a Commissioner’s term or within 30 days following a vacancy, submit to the Office of the Governor a letter of recommendation which shall include at least 3 nominees and their application packet. Commissioners who are appointed to represent a statewide veterans organization shall, during the course of their term remain members in good standing of the nominating organization. The following veteran organizations shall be represented on the Commission:

a. American Legion.

b. American Veterans.

c. Air Force Sergeants Associations.

d. Disabled American Veterans.

e. Korean War Veterans or National Association of Black Veterans. Until such time as any current Korean War Veterans representative serving as Commissioner as of August 9, 2023, has completed a current full term or otherwise resigned the commission, that Commissioner shall retain the appointment and seat on the Commission. At the completion of that term or upon resignation of the Commission, the Korean War Veteran Commissioner seat shall be filled by a representative of the National Association of Black Veterans.

f. Marine Corps League.

g. Military Officers Association of America.

h. Military Order of the Purple Heart.

i. Veterans of Foreign Wars.

j. Vietnam Veterans of America.

(2) Five Commissioners shall be at-large Commissioners, who may also be a member of any veteran organization or may be a veteran who has applied directly to the Office of the Governor.

(c) For purposes of this section, a “veteran” is any person who has served on active duty in the U.S. Armed Forces, including the National Guard or the reserves, and who was discharged under other than dishonorable conditions.

§ 8721. 8812. Delaware Commission of Veterans’ Affairs — Duties and responsibilities.

(a) [Repealed.]

(b) (1) The Commission shall hire, through the State Merit System employment process, and employ an Executive Director, a clerical assistant, and other personnel necessary to perform the duties prescribed by the Commission. All employees of the Commission, including the Executive Director, must be veterans as defined in § 8720(c) of this title.

(2) The Executive Director is authorized to use the designation “Delaware Office of Veterans’ Services” when promoting, performing, or furthering the work of the Commission.

(3) The Executive Director and staff shall report to the Secretary of State on all administrative matters and shall report to the Commission on all substantive matters.

(c) The Commission shall have the power of oversight in the administration of the Delaware State Veterans’ Home and shall have the authority to promulgate such rules, regulations and policy as is necessary to the operation of a veterans’ home provided, however, such rules, regulations and policy are not inconsistent with the other provisions of this chapter.

(d) The Commission shall have the power to operate and/or administer a Delaware Veterans’ Memorial Cemetery in the State and shall have the authority to promulgate such rules and regulations governing the operation of a cemetery as it deems necessary; provided, however, such rules and regulations are not inconsistent with the provisions of this chapter.

(e) The Commission shall establish a repository for all veterans’ “Statement of Service” or similar documentary verification of active armed service.

(f) The Commission shall establish and administer the “Delaware Veterans Trust Fund” which will provide financial assistance or grants to veterans with a minimum discharge of general discharge under honorable conditions to cover costs associated with medical and dental needs; medical transportation; homelessness support; home repairs and safety modifications; household utilities; and educational or retraining programs.

(g) The Commission shall represent the State in concert with other states’ veterans’ agencies and the U.S. Veterans’ Administration on matters of mutual interest and concern.

(h) The Commission shall coordinate with and advise all departments and agencies of the State on all matters pertaining to education, training, employment, medical and financial benefit programs for veterans, their dependents and survivors.

(b) The Commission shall serve in an advisory capacity to the Secretary on all matters relevant to veterans in this State and specifically with respect to those duties set forth under § 8803 of this title.

(i) (c) The Commission shall may initiate, review, and/or sponsor state legislation pertaining to veterans.

(j) The Commission and/or its Executive Director shall augment, not replace nor infringe upon, the functions of the service officers (representatives) of veterans’ organizations; provided, however, the Commission may appoint a service officer in each county, such service officer to be accountable and responsible to the Commission.

(k) (d) The Commission shall submit to the Governor Secretary, the Governor, and to the General Assembly an annual report of the Commission’s activities and recommendations.

§ 8722. 8813. Delaware Commission of Veterans’ Affairs — Authority.

The Commission is hereby authorized to develop and promulgate bylaws, rules and regulations not inconsistent with the law, which are necessary for the enforcement and implementation of §§ 8720, 8721, 8722, 8723, 8724 and 8725 of this title and all applicable federal rules and regulations. [Repealed.]

§ 8723. 8814. Delaware Commission of Veterans’ Affairs — Organization and operation.

(a) Any veterans’ organization as defined in § 8720(b) 8811(b) of this title may petition the Governor to remove from the Commission a member which said organization recommended, provided the reasons for said removal are clearly stated in said petition.

(b) In the event any Commissioner fails to attend 3 successive scheduled meetings without just cause such failure shall be sufficient grounds for the representative of the particular veterans’ organization to be removed by the Governor.

(c) Prospective members of the Commission shall be recommended by the respective veterans’ organizations and appointed by the Governor as vacancies occur.

(d) The names of prospective members of the Commission shall be submitted to the Governor by letter from the senior official of each respective statewide veterans’ organization.

(e) The members of the Commission shall elect 1 of their members to serve as Chairperson and 1 as Vice-Chairperson who shall not serve more than 2 consecutive terms. Such elections shall be held annually in September.

(f) The Chairperson and Vice-Chairperson shall serve as voting members of the Commission.

(g) The Executive Director shall attend all meetings of the Commission, keep a full and true record of its proceedings, preserve at its general office all its books, documents and papers, and perform such other duties as the Commission may prescribe. The Department shall provide clerical and staff support to the Commission.

(h) The Commission shall hold monthly meetings at such time and location as prescribed by the Chairperson. Special meetings may be called by the Chair or a majority of the Commission membership.

(i) A quorum shall consist of a simple majority of the Commission members.

(j) Members of the Commission shall serve without compensation except that they may be reimbursed for reasonable and necessary travel expenses incident to their duties as members of the Commission to the extent that funds are available and in accordance with state law.

(k) The Commission’s executive offices shall be located in Dover, Delaware.

§ 8724. 8815. Delaware Commission of Veterans’ Affairs — Funding.

Annually, the Commission shall submit a proposed budget to the Department of State Veterans’ Affairs for review and approval by that Department. The Department of State Veterans’ Affairs shall then recommend to the General Assembly that the Commission’s budget be included as a line item within said Department’s funding.

§ 8725. 8816. Delaware Commission of Veterans’ Affairs — Relationship to other state agencies.

(a) Unless otherwise indicated, the duties, responsibilities and authority set forth in §§ 8721 and 8723 of this title are reserved specifically to the Commission. [Repealed.]

(b) The Commission may request the advice, opinion opinion, or assistance of other appropriate state agencies as necessary to properly discharge its duties and responsibilities.

(c) The Department of State Veterans’ Affairs shall provide reasonable office and meeting facilities and other logistic support as requested by the Commission.

(d) The Department of State Veterans’ Affairs shall maintain an overview of the Commission’s operation in order to insure proper use of, and accountability for, state funds appropriated for that purpose.

(e) The General Assembly hereby directs the Delaware Commission on Veterans Affairs to return/replace all memorials and plaques purchased/donated by veteran’s family members to their original location within the cemetery or to a site agreeable to the veteran’s family members. The General Assembly further directs that, after July 1, 2003, no plaque or memorial will be removed or relocated for any purpose without the approval of the Co-chairs of the Joint Legislative Committee on the Capital Improvement Program. Existing memorial works are historical, cultural and aesthetic resources.

Section 3. Amend § 1202, Title 20 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1202. Supervision by Delaware Commission of Veterans Affairs; powers and duties.

The establishment, operation and maintenance of the Delaware Veterans Memorial Cemetery shall be under the supervision of the Delaware Commission of Veterans Affairs which shall have the following powers and duties:

(1) Select an appropriate site for the Cemetery, pursuant to § 1203 of this title;

(2) Acquire, by transfer of title from another state agency, or by purchase, grant, devise or contract, title to such real property as shall be suitable and necessary for the establishment of the Cemetery;

(3) Apply for, receive, accept and expend any money, materials or other aid granted or otherwise provided by local, state or federal governments or by any source, public or private, in accordance with the terms thereof, for the establishment, operation or maintenance of the Cemetery;

(4) Appoint and employ such persons as shall be needed for the proper operation and maintenance of the Cemetery;

(5) Establish criteria for eligibility for burial in the Cemetery, and set fees for the burial of family members, pursuant to § 1204 of this title;

(6) Promulgate rules, following public hearing, governing the administration and operation of the Cemetery;

(7) Prepare an annual report on the operation of the Cemetery which shall be presented to the Governor Governor, the Secretary of Veterans’ Affairs, and to the General Assembly; and

(8) Perform all other powers and functions necessary or appropriate to carry out the purposes and policies of this chapter.

Section 4. Amend § 2139R, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2139R. Special license plates honoring Delaware veterans.

(d) The funds derived by the State from that portion of the 1-time fee of $20 that is not defined as an administrative fee pursuant to subsection (c) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside and deposited with the Delaware Commission Department of Veterans Affairs for its deposit in the Veterans Trust Fund.

(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Delaware Commission of Veterans Affairs. The license plate may also include words, a slogan or an emblem honoring Delaware veterans. The Commission may at its discretion drop the wording “The First State” and substitute in lieu thereof “Honoring Our Veterans”. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

Section 5. Amend § 9605, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9605. Recordation of instruments.

(j) The county recorders of deeds shall not record military service discharge documents. The county recorders of deeds shall transfer all recorded military service discharge documents to the Delaware Commission Department of Veterans Affairs, the State’s Repository pursuant to § 8721 of Title 29. The Delaware Commission Department of Veterans Affairs shall maintain all certificates of release or discharge from active military service or similar discharge documents as defined.

Section 6. Amend Chapter 39, Title 12 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3981. Office established; appointment.

(a) There is established an Office of the Public Guardian, with a Public Guardian who shall serve as follows:

(3) The VA fiduciary of last resort for U.S. Department of Veterans Affairs benefits.

§ 3982. Definitions.

For the purposes of this chapter:

(7) “VA fiduciary” means a person appointed by the U.S. Department of Veterans Affairs (VA) to receive VA benefits for an individual who is unable to manage the individual’s VA benefits.

Section 7. Amend § 2140L, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2140L. Special license plates for Combat Infantry Badge holders.

(g) All registration plates issued pursuant to this section shall be the colors and design as determined by the Department in conjunction with representatives from the Commission of Veterans Affairs Office of Veterans Services. and the Department of Veterans’ Affairs. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

Section 8. Amend § 2140C, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2140C. Special license plates honoring women’s military service.

(d) The Division of Motor Vehicles shall deposit with the State Treasurer the funds derived by the State from that portion of the 1-time fee of $20 that is not defined as an administrative fee under subsection (c) of this section. The deposited funds must be specifically set aside and deposited with the Delaware Commission Department of Veterans Affairs for its deposit in the Veterans Trust Fund.

Section 9. This Act takes effect 180 days after its enactment into law.

Section 10. As of the effective date of this Act, all current employees of the Commission of Veterans’ Affairs shall become employees of the Department of Veterans’ Affairs, and shall maintain their then-current salary, seniority, and benefits.

Section 11. As of the effective date of this Act, the Department of Veterans’ Affairs shall assume all contracts, deeds, debts, and other assets and liabilities of the Commission of Veterans’ Affairs .

SPONSOR:	Rep. Carson & Rep. Bush & Sen. Poore & Sen. Hoffner & Sen. Lawson & Sen. Mantzavinos & Rep. Harris & Rep. Hilovsky & Rep. Parker Selby
Reps. Gray, Lynn, Neal, Osienski, D. Short, Yearick, Phillips, Wilson-Anton; Sens. Huxtable, Walsh, Wilson