2020 -- S 2714

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LC005012

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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 STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND MILITARY

AND VETERANS AFFAIRS OVERSIGHT COMMISSION

     Introduced By: Senators McKenney, and Seveney

     Date Introduced: February 27, 2020

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

     SECTION 1. Joint Resolution.

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

be and the same is hereby created consisting of nine (9) members: three (3) of whom shall be

members of the Rhode Island Senate, not more than two (2) from the same political party; and one

of whom shall be an honorably discharged military service member, all of whom shall be appointed

by the President of the Senate; three (3) of whom shall be members of the Rhode Island House of

Representatives, not more than two (2) from the same political party; and one of whom shall be an

honorably discharged military service member, all of whom shall be appointed by the Speaker of

the House of Representatives; and one honorably discharged military service member to be

appointed by the Governor.

     In lieu of any appointment of a member of the legislature to a permanent advisory

commission, a legislative study commission, or any commission created by a General Assembly

resolution, the appointing authority may appoint a member of the general public to serve in lieu of

a legislator, provided that the Senate President, Speaker of the House, or the Minority Leader of

the political party that is entitled to the appointment consents to the appointment of the member of

the general public.

     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, including, but not limited to, operation of

the veterans' memorial cemetery and the Rhode Island veterans' home community living center.

     The commission shall also coordinate and consult with the United States Department of

Veterans' Affairs concerning veterans' issues.

     Forthwith upon passage of this resolution, the Senate President and the Speaker of the

House shall appoint co-chairs for the commission, from their respective chambers, and the members

of the commission shall meet at the call of the Senate President and the Speaker of the House.

     The three (3) public members initially appointed by the President of the Senate, the Speaker

of the House of Representatives, and the Governor shall serve four (4), three (3), and two (2) year

terms, respectively, and subsequent appointees shall all serve four (4) year terms.

     Each member of the commission shall serve for the term of their appointment and until

their successor has been appointed and qualified. A member of the commission is eligible for

reappointment.

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

     A quorum of the commission shall consist of a majority of its membership, and the

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

     The commission shall assemble no less than four (4) times, or more often at the call of the

co-chairs, upon written notice of each meeting stating the place, day, and time of the meeting, along

with the purpose and/or agenda of the meeting.

     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 42-160

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.”

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     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: three (3) of whom shall be members of the Rhode Island senate,

not more than two (2) from the same political party; and one of whom shall be an honorably

discharged military service member, all of whom shall be appointed by the president of the senate;

three (3) of whom shall be members of the Rhode Island house of representatives, not more than

two (2) from the same political party; and one of whom shall be an honorably discharged military

service member, all of whom shall be appointed by the speaker of the house of representatives; and

one honorably discharged military service member 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, including, but not limited to, operation of

the veterans' memorial cemetery and the Rhode Island veterans' home community living center.

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

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

issues.

     (3) The senate president and the speaker of the house shall appoint co-chairs for the

commission, from their respective chambers, and the members of the commission shall meet at the

call of the senate president and the speaker of the house.

     (4) The three (3) public members initially appointed by the president of the senate, the

speaker of the house of representatives, and the governor shall serve four (4), three (3), and two (2)

year terms, respectively, and subsequent appointees shall all serve four (4) year terms. Each

member of the commission shall serve for the term of their appointment and until their successor

has been appointed and qualified. A member of the commission is eligible for reappointment.

     (5) Vacancies in said commission shall be filled in like manner as the original appointment.

     (6) A quorum of the commission shall consist of a majority of its membership, and the

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

     (7) The commission shall assemble no less than four (4) times, or more often at the call of

the co-chairs, upon written notice of each meeting stating the place, day, and time of the meeting,

along with the purpose and/or agenda of the meeting.

     (8) 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 section.

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

suitable quarters for said commission;

     (10) 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 § 42-160-2, the Rhode Island military and veterans' affairs oversight

commission shall exercise fiscal oversight of funds expended pursuant to chapters 1 through 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 Rhode Island 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 office.

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

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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 Rhode Island 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' 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

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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.

     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 STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND MILITARY

AND VETERANS AFFAIRS OVERSIGHT COMMISSION

***

     This act would create the Rhode Island military and veterans' affairs oversight commission

to oversee all operations of the Rhode Island office of veterans' affairs, exercise fiscal oversight of

the air and army national guard, and oversee matters relating to veterans' services, including, but

not limited to, operation of the veterans' memorial cemetery and the Rhode Island veterans' home

community living center.

     This act would take effect upon passage.

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