2020 -- H 7175

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE

     Introduced By: Representatives Vella-Wilkinson, Casimiro, Azzinaro, Corvese, and
Serpa

     Date Introduced: January 16, 2020

     Referred To: House Veterans` Affairs

     It is enacted by the General Assembly as follows:

     SECTION 1.

     RESOLVED, That a permanent joint military and veterans' affairs oversight commission

be and the same is hereby created consisting of nine (9) members: four (4) of whom shall be from

the house of representatives, not more than three (3) from the same political party to be appointed

by the speaker; and three (3) of whom shall be from the senate, not more than two (2) from the

same political party to be appointed by the senate president; and two (2) honorably discharged

military service members to be appointed by the governor.

     The purpose of the commission shall be to: (1) Oversee all operations of the Rhode Island

office of veterans' affairs; (2) Exercise fiscal oversight of the air and army national guard; and (3)

Oversee matters related to veteran services to include, but not be limited to, operation of the

veterans' cemetery and Rhode Island veterans' home.

     The commission shall also coordinate and consult with the United States Veterans'

Administration concerning veterans' issues.

     Forthwith upon passage of this resolution, the members of the commission shall meet at

the call of the speaker of the house and organize and shall select from among the legislators a

chairperson. Vacancies in said commission shall be filled in like manner as the original

appointment.

     The membership of said commission shall receive no compensation for their services.

     All departments and agencies of the state shall furnish such advice and information,

documentary and otherwise, to said commission and its agents as is deemed necessary or

desirable by the commission to facilitate the purposes of this resolution.

     The joint commission of legislative services is hereby authorized and directed to provide

suitable quarters for said commission; and be it further

     RESOLVED, That said commission shall make findings and recommend initiatives and

other actions deemed necessary to the general assembly and shall report their findings

periodically.

     SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 160

RHODE ISLAND MILITARY AND VETERANS' AFFAIRS OVERSIGHT COMMISSION

     42-160-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island military and veterans'

affairs oversight commission."

     42-160-2. Commission creation, purpose and authority.

     (a) A permanent joint military and veterans' affairs oversight commission is hereby

created consisting of nine (9) members: four (4) of whom shall be from the house of

representatives, not more than three (3) from the same political party to be appointed by the

speaker; and three (3) of whom shall be from the senate, not more than two (2) from the same

political party to be appointed by the senate president; and two (2) honorably discharged military

service members to be appointed by the governor.

     (b)(1) The purpose of the commission shall be to: (i) Oversee all operations of the Rhode

Island office of veterans' affairs; (ii) Exercise fiscal oversight of the air and army national guard;

and (iii) Oversee matters related to veteran services to include, but not be limited to, operation of

the veterans' cemetery and Rhode Island veterans' home.

     (2) The commission shall also coordinate and consult with the United States Veterans'

Administration concerning the commission's oversight of Rhode Island veterans' affairs and

issues.

     (3) The members of the commission shall meet at the call of the speaker of the house and

organize and shall select from among the legislators a chairperson. Vacancies in said commission

shall be filled in like manner as the original appointment.

     (4) The membership of said commission shall receive no compensation for their services.

     (c) All departments and agencies of the state shall furnish such advice and information,

documentary and otherwise, to said commission and its agents as is deemed necessary or

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desirable by the commission to facilitate the purposes of this section.

     (d) The joint committee on legislative services is hereby authorized and directed to

provide suitable quarters for said commission;

     (e) The commission shall make findings and recommend initiatives and other actions

deemed necessary to the general assembly and shall report their findings periodically.

     SECTION 3. Section 30-14-2 of the General Laws in Chapter 30-14 entitled "General

Provisions" is hereby amended to read as follows:

     30-14-2. Federal and state funds.

     (a) No funds received from the United States shall be expended under chapters 1 -- 14 of

this title for any purpose not authorized by federal law or regulations and all other expenditures

under those chapters shall be made from funds appropriated by the state.

     (b) Notwithstanding the foregoing, and for purposes of this section and § 21-28-5.04

only, the Rhode Island national guard shall be deemed a law enforcement agency eligible to

participate in the forfeiture of money and assets seized through federal, state, or municipal

counterdrug operations in which members of the guard support said operations; and any money or

assets so acquired may be used by the guard in support of its counterdrug program.

     (c) Pursuant to the provisions of § 42-160-2, the Rhode Island military and veterans'

affairs oversight commission shall exercise fiscal oversight of funds expended under chapters 1-

14, 24, 25 and 32 of title 30.

     SECTION 4. Sections 30-17.1-6 and 30-17.1-7 of the General Laws in Chapter 30-17.1

entitled "Veterans' Affairs" are hereby amended to read as follows:

     30-17.1-6. Establishment of the office of veterans' affairs; director.

     (a) There is hereby established within the executive branch of government an office of

veterans' affairs. The director of the office of veterans' affairs shall be a person qualified through

experience and training and shall be an honorably discharged war veteran of the United States

armed forces. The director of the office of veterans' affairs shall be appointed by and report

directly to the governor, but the office shall reside within the department of human services for

administrative purposes, and shall be subject to oversight by the military and veterans' affairs

oversight commission pursuant to § 42-160-2.

     (b) The director of veterans' affairs shall have all such powers, consistent with law, as are

necessary and/or convenient to effectuate the purposes of this chapter and to administer its

functions, including, but, not limited to, the power to promulgate and adopt regulations. The

director shall have authority to apply for, receive, and administer grants and funds from the

federal government and all other public and private entities to accomplish the purposes of the

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office.

     (c) Effective July 1, 2019, the office of veterans' affairs, as established pursuant to

subsection (a), shall be henceforth referred to and renamed as "the office of veterans services"

and the director of veterans' affairs, established pursuant to subsection (a), shall henceforth be

referred to and renamed as the "director of veterans services."

     (d) Effective July 1, 2019, all references in the general laws to the office of veterans'

affairs, established pursuant to subsection (a), and to the director of veterans' affairs, established

pursuant to subsection (a), shall be deemed to mean and refer, respectively, to the office of

veterans services and the director of veterans services.

     30-17.1-7. Annual report to general assembly.

     The director of veterans' affairs shall report annually, no later than January 31st of each

year, to the governor, speaker of the house of representatives, the senate president, and house and

senate finance committees, and military and veterans' affairs oversight commission, setting forth,

in detail, the condition of the veterans' home, any veterans' cemetery authorized and established

by the general assembly, and in general the character of the work of veterans' affairs, and shall

render in the report a faithful account of all moneys received and expended by the director of

human services and by the office of veterans' affairs in the execution of the provisions of this

chapter and chapter 24 of this title, excepting the names of persons to whom they have furnished

assistance which shall be omitted.

     SECTION 5. Section 30-24-1 of the General Laws in Chapter 30-24 entitled "Rhode

Island Veterans' Home" is hereby amended to read as follows:

     30-24-1. Management and control.

     The management and control of the Rhode Island veterans' home, established in this state

for those who served in the army, navy, marine corps, coast guard, merchant marines, or air force

of the United States in any war or conflict and were honorably discharged therefrom, who shall

be in need of such care as is provided at the home, shall be the responsibility of the director of

human services, or his or her designee, with oversight to be exercised by the military and

veterans' affairs oversight commission pursuant to § 42-160-2.

     SECTION 6. Section 30-25-14 of the General Laws in Chapter 30-25 entitled "Burial of

Veterans" is hereby amended to read as follows:

     30-25-14. Rhode Island veterans' memorial cemetery.

     (a) The Rhode Island veterans' memorial cemetery, located on the grounds of the Joseph

H. Ladd school in the town of Exeter, shall be under the management and control of the director

of the department of human services with oversight by the Rhode Island military and veterans'

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affairs oversight commission pursuant to § 42-160-2. The director of the department of human

services shall appoint an administrator for the Rhode Island veterans' memorial cemetery who

shall be an honorably discharged veteran of the United States Armed Forces and shall have the

general supervision over, and shall prescribe rules for, the government and management of the

cemetery. He or she shall make all needful rules and regulations governing the operation of the

cemetery and generally may do all things necessary to ensure the successful operation thereof.

The director shall promulgate rules and regulations, not inconsistent with the provisions of 38

U.S.C. § 2402, to govern the eligibility for burial in the Rhode Island veterans' memorial

cemetery. In addition to all persons eligible for burial pursuant to rules and regulations

established by the director, any person who served in the army, navy, air force, or marine corps of

the United States for a period of not less than two (2) years and whose service was terminated

honorably, shall be eligible for burial in the Rhode Island veterans' memorial cemetery. The

director shall appoint and employ all subordinate officials and persons needed for the proper

management of the cemetery. National guard members who are killed in the line of duty or who

are honorably discharged after completion of at least twenty (20) years' of service in the Rhode

Island national guard and their spouse shall be eligible for interment in the Rhode Island veterans'

memorial cemetery. For the purpose of computing service under this section, honorable service in

the active forces or reserves shall be considered toward the twenty (20) years of national guard

service. The general assembly shall make an annual appropriation to the department of human

services to provide for the operation and maintenance for the cemetery. The director shall charge

and collect a grave liner fee per interment of the eligible spouse and/or eligible dependents of the

qualified veteran equal to the department's cost for the grave liner.

     (b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans'

memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing

ear signal dogs or any other service animal, as required by federal law or any personal assistance

animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this

section shall be subject to a fine of not less than five hundred dollars ($500).

     (c) The state of Rhode Island office of veterans' affairs shall bear the cost of all tolls

incurred by any motor vehicles that are part of a veteran's funeral procession, originating from

Aquidneck Island ending at the veterans' memorial cemetery, for burial or internment. The

executive director of the turnpike and bridge authority shall assist in the administration and

coordination of this toll reimbursement program.

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     SECTION 7. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE

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     This act would create a nine (9) member permanent joint military and veterans' affairs

oversight commission. The commission would oversee operations of Rhode Island office of

veterans' affairs and fiscal oversight of military affairs and defense.

     This act would take effect upon passage.

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