Chapter 233
2009 -- H 5082 SUBSTITUTE A AS AMENDED
Enacted 11/09/09
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF VETERANS' AFFAIRS
Introduced By: Representatives Carter, Gemma, Jacquard, Gallison, and Almeida
Date Introduced: January 13, 2009
It is enacted by the
General Assembly as follows:
-SECTION
1. Title 42 of the General Laws entitled "STATE AFFAIRS AND
GOVERNMENT" is hereby
amended by adding thereto the following chapter:\
CHAPTER
42-152
DEPARTMENT
OF VETERANS' AFFAIRS
42-152-1.
Department of veterans' affairs. -- There is hereby established
within the
office of health and human services a department of
veterans' affairs.
42-152-2. Powers
and duties. -- The powers and duties of the former division of
veterans' affairs, as provided for in chapter 30-17 of
the general laws are hereby transferred to the
director of veterans' affairs. The director shall be
an honorably discharged war veteran of the
the senate.
42-152-3.
Appropriations. -- The general assembly shall annually act upon a
budget
prepared and submitted by the director of veterans'
affairs for the support of the veterans' home in
the town of
and the assistance of the widows, widowers, and
dependent children of deceased veterans, known
as the "veterans' assistance fund," for the
assistance of worthy dependent veterans, and the
dependent worthy families of those veterans who served
in the army, navy, marine corps, coast
guard, merchant marines, and air force of the
that service.
42-152-4. Powers
of department of veterans' affairs. -- The department of veterans'
affairs, in addition to having the control and
management of veterans' affairs, shall have custody
of all records inquiring into the needs of worthy
veterans and the needs of dependent worthy
families of those veterans, residing within the state
of
cases as examination proves worthy of assistance, in
such sums of money and by such methods as
will, in the judgment of that division, best relieve
the needs of worthy applicants for assistance.
42-152-5. Pension
and compensation claims assistance. -- Upon request, the director
of the department shall, in accordance with the
applicable rules and regulations of the department
of veterans' affairs of the United States, prepare and
present all veterans' pension and
compensation claims qualifying under the provisions of
section 42-12-5. The department shall
render this assistance without charge to the claimant
for the assistance.
42-152-6.
Admittance of veteran to veterans' home as condition of assistance. -- The
director or his or her designee, may, in his or her
discretion, require any veteran who has no
dependent parents, wife, or children, and who desires
assistance as provided in this chapter, to
become a resident of the veterans' home in order to
enjoy the benefits of this chapter.
42-152-7.
Residence requirement for admittance to veterans' home. – Any person
who has served in the army, navy, marine corps, coast
guard, merchant marines, or air force of
the
any foreign war in which the
campaign for which the
honorably discharged there from, and who shall be
deemed to be in need of care provided at the
Rhode Island Veterans' Home, may be admitted to that
facility subject to the rules and regulations
as shall be adopted by the director of veterans'
affairs to govern the admission of applicants to the
facility. Any person who has served in the armed
forces of the
and otherwise qualified, who has served less than the
ninety (90) day period described herein, and
who was honorably discharged from service, and who, as
a result of the service, acquired a
service connected disability or disease, may be
admitted. No person shall be admitted to the
facility unless the person has been accredited to the
enlistment in the state or is a legal resident of
the state at that time of the application for
admission to the facility
42-152-8. Annual
report to general assembly. -- The director shall appear and make an
annual report in January of each year to the House and
Senate Finance Committees, 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 and by
the division of veterans' services 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
2. Chapter 30-17 of the General Laws entitled "Veterans' Affairs" is
hereby
repealed in its entirety.
CHAPTER
30-17
Veterans'
Affairs
30-17-1.
Appropriations. -- The general assembly shall annually
appropriate such sums
as it may deem necessary for the support of the
veterans' home in the town of
veterans' cemetery authorized and established by the
general assembly, and the assistance of the
widows, widowers, and dependent children of deceased
veterans, known as the "veterans'
assistance fund", for the assistance of worthy
dependent veterans, and the dependent worthy
families of those veterans who served in the army,
navy, marine corps, coast guard, and air force
of the
assistance as may be required in connection with the
administration of that program; and the state
controller is hereby authorized and directed to draw
an order upon the general treasurer for the
payment of such sums as may be from time to time
required, upon receipt by the state controller
of proper vouchers approved by the director of human
services.
30-17-2. Powers
of division of veterans' affairs. -- The division of veterans'
affairs, in
the department of human services, in addition to
having the control and management of veterans'
affairs, shall have custody of all records inquiring
into the needs of worthy veterans and the needs
of dependent worthy families of those veterans,
residing within the state of
shall also assist such cases as examination proves
worthy of assistance, in such sums of money
and by such methods as will, in the judgment of that
division, best relieve the needs of worthy
applicants for assistance.
30-17-3.
[Repealed.] –
30-17-4. Oath
of officials -- Bonds. -- All officials appointed under the
provisions of this
chapter or chapter 24 of this title shall be duly
sworn to the faithful performance of their duties.
The director of human services may, in the director's
discretion, require of all officials
subordinate to the director, bonds for the faithful
performance of their duties.
30-17-5.
Veterans' claims assistance. -- Upon request, the director of
the department of
human services, or his or her designee, shall, in
accordance with the applicable rules and
regulations of the department of veterans' affairs of
the
veterans' pension and compensation claims qualifying
under the provisions of section 42-12-5.
The department of human services shall render this
assistance without charge to the claimant for
the assistance.
30-17-6.
Requiring veteran to enter home. -- The director of human
services, or his or
her designee, may, in his or her discretion, require
any veteran who has no dependent parents,
wife, or children, and who desires assistance as
provided in this chapter, to become a resident of
the veterans' home in order to enjoy the benefits of
this chapter.
30-17-7.
[Repealed.] –
30-17-8.
Residence requirement for assistance. -- Except as otherwise
provided in
section 30-24-10, no applicant shall be admitted to
the veterans' home or be entitled to any
assistance under the provisions of this chapter,
unless he or she was an actual resident of the state
of
accredited on the quota of this state, not including
those as are already in the national home;
provided, that a
home, and is unable to gain readmission because of the
amount of
is receiving, may be admitted to the
30-17-9. Annual
report to general assembly. -- The director of human services
shall
make an annual report to the general assembly, at its
January session, 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 and by the division
of community services 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
3. Sections 30-24-1, 30-24-2, 30-24-3, 30-24-4, 30-24-5, 30-24-6, 30-24-9,
30-24-10 and 30-24-10.1 of
the General Laws in Chapter 30-24 entitled "Rhode Island Veterans'
Home" are hereby
amended to read as follows:
30-24-1.
Management and control. -- The management and control of the
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
honorably discharged therefrom,
who shall be in need of such care as is provided at the home,
shall be in the director of human services veterans'
affairs or his or her designee.
30-24-2. By-laws
and regulations -- Supervision by director. -- (a) The director of
human services
veterans' affairs or his or her designee shall have the general
supervision over and
shall prescribe rules for the government and
management of the
or she shall make all needful by-laws and regulations
governing the admission, maintenance, and
discharge of the residents of the home, which shall
not be inconsistent with the spirit and intent of
this chapter, and generally may do all things
necessary to successfully carry into effect the
purposes of this chapter.
(b) The director shall
appoint and employ all subordinate officials and persons needed
for the proper management of the home.
30-24-3. Commandant
-- Advisory council. Department of veterans’ affairs --
Advisory council. -- (a) The director of human services veterans'
affairs shall serve as
commandant and shall appoint a commandant an administrator for the
home who shall also act as the associate director
of the division of veterans' affairs be an
honorably discharged war veteran of the
council for the department of veterans'
affairs, consisting of not more than twenty-seven (27)
qualified electors of this state, ten (10) of whom
shall be honorably discharged war veterans of
the armed forces of the
governor, consisting of a member designated by each of
the various state departments of
chartered veteran organizations, one of whom shall be
a member of the purple heart organization,
and the remaining member or members at large;
provided, however, that each of those
departments of veteran organizations shall have and
continue to have at least one member on the
advisory council for veterans' affairs; and provided
further that one member shall be a female
veteran, one member shall be a minority veteran, one
member shall be a representative of the
Persian Gulf War Veterans' Association, and one member
shall be a representative of the Korean
War Veterans' Association; seven (7) members shall
consist of five (5) members of the house of
representatives, not more than four (4) members from
the same political party, to be appointed by
the speaker of the house of representatives, and two
(2) members from the senate, not more than
one from the same political party, to be appointed by
the president of the senate. The seven (7)
members of the general assembly who shall serve on the
advisory council of veteran affairs shall
serve so long as they are members of the general
assembly.
(b) The remaining
members shall be one former representative having served at least five
(5) years on the advisory council, to be appointed by
the speaker of the house of representatives,
and one former senator having served at least five (5)
years on the advisory council, to be
appointed by the president of the senate. If either of
the last two (2) mentioned are not available,
the selections may be members at-large selected from
the general public; provided, further, the
immediate past chief of veterans' affairs shall serve
as ex-officio of the veterans' council with
voting privileges for a period of five (5) years and
may be reappointed for an additional term by
the governor. The final remaining member shall be an
active National Guard person to be
appointed by the State Adjutant General.
30-24-4.
Appointments to advisory council -- Organization and meetings. --
Annually, on or before July 1, the governor shall
appoint a successor of each member of the
advisory council whose term expires, these
appointments to be for a term of three (3) years.
Provided, however, that a former state representative
or senator having served at least five (5)
years on the advisory council shall be appointed for a
term of at least five (5) years. In case of any
vacancy or additional members on the council, the governor
shall appoint a new member for the
unexpired portion of the term of that membership as
hereinbefore provided. Members of the
council shall serve without pay. The advisory council
shall elect one of its members to serve as
chairperson for a period of one year and until a
successor is elected and qualified. Meetings shall
be held at the call of the chairperson; provided,
however, that a majority of the members may call
a meeting of the advisory council at any time, all
members being notified in any case by mail and
reasonably in advance of any such meetings. A majority
of members shall constitute a quorum for
the transaction of business. The governor may remove a
member of the council for neglect of
duty. Secretarial service for the council shall be
provided by the director of the department of
human services
veterans' affairs. Provided, further, the immediate past chief of
veterans' affairs
shall serve as ex-officio of the veterans' council
with voting privileges for a period of five (5)
years and may be reappointed for an additional term by
the governor.
30-24-5. Functions
of advisory council. -- The advisory council for the department of
veterans' affairs shall exercise and perform all the
duties and functions formerly exercised and
performed by the advisory council for the
the
shall make suggestions to and shall advise the
director of human services veterans' affairs and the
commandant administrator
of the veterans' home concerning the policies, rules, and the
regulations of the
shall have no administrative power.
30-24-6.
Acceptance of gifts -- Veterans' home restricted account. -- (a) The
director
of human services veterans' affairs is
hereby authorized and empowered to take and receive in the
name of the state any grant, devise, gift, or bequest
of real or personal property that may be made
for the use and benefit of the Rhode Island veterans'
home or the residents or purposes thereof.
All money so received, and all money received under
the provisions of sections 30-24-9 and 30-
24-10, shall be paid over to the general treasurer and
shall be kept by him or her as a restricted
account to be known as the "veterans' home
restricted account". Use of the "veterans' home
restricted account" funds may only be made upon
prior approval of the house of representatives'
finance committee and senate finance committee. The
director may sell and dispose of any real or
personal property received under this section, and any
property received under section 30-24-9,
and the proceeds of the sale shall be paid over to the
general treasurer to be made a part of the
restricted account. The restricted account shall be
used for the improvement of social,
recreational, and educational programs, including the
purchase of educational and recreational
supplies and equipment for the welfare of members and
for operational expenses and capital
improvements at the veterans' home and veterans'
cemetery, as deemed necessary by the director
of human services veterans' affairs.
(b) [Deleted by P.L.
1999, ch. 11, section 5.]
30-24-9. Property
of deceased residents. -- All goods, chattels, property, money, and
effects of a deceased resident of the
of by him or her by a completed inter vivos conveyance or gift, or by a valid will, after payment
therefrom of the funeral expenses, which shall not exceed five
thousand dollars ($5,000), and
after payment therefrom of
the reasonable debts and expenses of the deceased resident to be
determined by rules and regulations as shall be
adopted by the director, shall upon his or her
decease become the property of the state, and shall be
applied by the director of human services
veterans' affairs or his designee to the uses and purposes of the veterans' restricted
account;
provided, however, that the director may in his or her
discretion deliver to any surviving relative
of the deceased resident any of the property or
effects as may serve as a memento of the deceased
resident. For purposes of this section, the provisions
of chapter 24 of title 33 shall be applicable.
30-24-10.
Admissible to home -- Fees. -- (a) Any person who has served in the
army,
navy, marine corps, coast guard, or air force of the
or more and that period began or ended during any
foreign war in which the
have been engaged or in any expedition or campaign for
which the
issues a campaign medal, and who was honorably
discharged from it, and who shall be deemed to
be in need of care provided at the
subject to such rules and regulations as shall be
adopted by the director of human services
veterans' affairs to govern the admission of applicants to the facility. Any person who
has served
in the armed forces of the
served less than the ninety-day period described in
this section, and who was honorably
discharged from service, and who, as a result of the
service, acquired a service-connected
disability or disease, may be admitted. No person
shall be admitted to the facility unless the
person has been accredited to the enlistment or
induction quota of the state or has resided in the
state for at least two (2) consecutive years next
prior to the date of the application for admission
to the facility.
(b) (1) The director
shall, at the end of each fiscal year, determine the net per diem
expenses of maintenance of residents in the facility
and shall assess against each resident who has
"net income", as defined in this section, a
fee equal to eighty percent (80%) of the resident's net
income, provided that fee shall not exceed the actual
cost of care and maintenance for the
resident; and provided that an amount equal to twenty
percent (20%) of the maintenance fee
assessed shall be allocated to and deposited in the
veterans' restricted account. For the purposes of
this section, "net income" is defined as
gross income minus applicable federal and state taxes and
minus:
(i)
An amount equal to one hundred fifty dollars ($150) per month of residency and
fifty
percent (50%) of any sum received due to wounds
incurred under battle conditions for which the
resident received the purple heart; and
(ii) The amount paid by
a resident for the support and maintenance of his or her spouse,
parent(s), minor child(ren),
or child(ren) who is/are blind or permanently and
totally disabled as
defined in title XVI of the Federal Social Security
Act, 42 U.S.C. sections 1381 -- 1383d, subject
to a maximum amount to be determined by rules and
regulations as shall be adopted by the
director.
(2) The fees shall be
paid monthly to the home and any failure to make payment when
due shall be cause for dismissal from the facility.
Prior to dismissal, the resident shall be afforded
administrative due process.
(c) Admissions to the
veterans' home shall be made without discrimination as to race,
color, national origin, religion, sex, disability,
marital status, age, sexual orientation, gender
identity or expression, assets, or income.
(d) Laundry services
shall be provided to the residents of the
home at no charge to the residents, with such funds to
cover the cost of providing laundry
services for residents of the Rhode Island Veterans'
Home derived from monies appropriated to
the department of human services veterans'
affairs.
30-24-10.1.
Domiciliary care program for homeless veterans. -- The director of the
department of human services veterans'
affairs is hereby authorized and empowered to establish
and maintain a domiciliary care program for homeless
veterans (Veterans Transitional Supportive
Program, V.T.S.P.) at the
Island Veterans' Home pursuant to this section shall
be exempt from the maintenance fee
assessment established pursuant to section 30-24-10,
provided, however, that the director shall
assess against each veteran admitted under this
program a monthly maintenance fee equal to ten
percent (10%) of the veteran's monthly gross income,
from whatever source derived and whether
taxable or non-taxable. In addition there will also be
additional beds called Extended, V.T.S.P.
beds to which a monthly maintenance fee of thirty
percent (30%) will be charged. Extended
V.T.S.P. will be available to eligible veterans in the
V.T.S.P. program, but occupancy will not
exceed four (4) months. The maintenance fee shall be
paid monthly to the Veterans' Home and
shall be deposited in the Veterans' Home fund. Any
failure to make payment when due shall be
cause for dismissal from the facility. Prior to any
dismissal for non-payment of fees, the veteran
shall be afforded administrative due process. The
director is authorized to promulgate rules and
regulations to effectuate the intent and provisions of
this section, and this grant of authority to
promulgate rules and regulations shall be liberally
construed.
SECTION
4. Sections 30-25-8, 30-25-9, 30-25-10, 30-25-11, 30-25-12, 30-25-13 and 30-
25-14 of the General Laws
in Chapter 30-25 entitled "Burial of Veterans" are hereby amended to
read as follows:
30-25-8. Maintenance
of north cemetery. -- The assistant director of human
services
veterans' affairs in charge of the community services division shall be custodian
of the Rhode
Island soldiers' burial lots, and the monument and
grave markers thereon, located in the north
cemetery in the town of
may be necessary in keeping the lots, monuments, and
markers in good condition and repair.
30-25-9. Expenses
of north cemetery. -- The assistant director of human
services
veterans' affairs in charge of the community services division is authorized to
make such
expenditures as may be necessary in carrying out the
purposes of section 30-25-8, and the state
controller is hereby authorized and directed upon
receipt of proper vouchers approved by that
assistant director and by the state director of human services veterans'
affairs, to draw orders upon
the general treasurer for the payment of such sums as
may be required, from the funds under the
control of the assistant director of human
services veterans' affairs, in charge of the community
services division, known as the veterans' home, restricted account.
30-25-10. Care of
neglected graves. -- The assistant director of human services
veterans'
affairs in
charge of the community services division is authorized and empowered to
undertake
the care of any grave of any soldier or sailor who
fought in the war of the revolution, or who at
any time served the
abandoned. For that purpose, the assistant
director, and the agents or employees of the division,
when duly authorized thereunto by the assistant
director, may enter into and upon any public or
private cemetery or burial place to clear any grave of
grass, weeds, brush, briars, or rubbish; to
erect, replace, repair, or renovate fences, memorial
stones, or markers; and to perform the other
tasks as may be necessary to restore and maintain the
grave and its surroundings in a decent and
orderly condition.
30-25-11. Consent
of custodian of neglected grave. -- When any cemetery or burial
place containing a neglected grave is found by the assistant
director of human services veterans'
affairs, in
charge of the community services division, or the agents or employees of
the division,
to be under the custody or control of some private
owner or public authority, then the assistant
director shall obtain permission in writing from the
person or persons having custody or control
before entering into and upon the cemetery or burial
place; provided, that if no person or persons
can be found having the custody or control of the
cemetery or burial place, the assistant director
shall assume the right of entry and shall perform the
duties specified in section 30-25-10, without
further notice.
30-25-12.
Appropriations for care of graves. -- The general assembly shall, from
time
to time, appropriate such sums as it may deem
necessary to be expended by the assistant director
of human services veterans' affairs in
charge of the community services division in carrying out
the purposes of sections 30-25-10 and 30-25-11, and
the state controller is hereby authorized and
directed, upon the receipt of the proper vouchers
approved by the assistant director, and by the
director of services to draw orders upon the general treasurer for the payment of such sums
as
may be required, within the amount appropriated therefor.
30-25-13.
Acceptance and administration of gifts. -- The director of human
services
veterans' affairs and the assistant director in charge of the community services
division may
accept in the name of the state, and may administer,
any devise, bequest, or gift which is to be
expended for the general purposes of this chapter. All
sums received by devise, bequest, or gift
from any person or corporation shall be deposited with
the general treasurer, and by him or her
kept in a special fund, to be known as "the
veterans' cemetery fund", and held subject to the order
of the director and assistant director.
30-25-14.
memorial cemetery located on the grounds of the Joseph
H. Ladd school in the town of
shall be under the management and control of the
director of the department of human services
veterans' affairs. The director of the department of human services veterans'
affairs shall appoint
an administrator for the
discharged veteran of the
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 insure the successful
operation thereof. The director shall promulgate
rules and regulations, not inconsistent with the
provisions of 38 USCS section 2402, to govern the
eligibility for burial in the
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
than two (2) years and whose service was terminated
honorably, shall be eligible for burial in the
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 internment in the Rhode Island Veterans'
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 veterans' affairs 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.
SECTION
5. The duties and responsibilities of the director of human services with
respect to the operation of
the
veterans' cemetery (Chapter
30-25) are hereby transferred to the director of veterans' affairs.
SECTION
6. The department of human services shall make recommendations to the
chairman of the house and
senate finance committees for implementation of chapter 42-152 on or
before October 31, 2009.
SECTION
7. Section 6 of this act shall take effect upon passage and the remainder of
the
act shall take effect July
1, 2010.
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LC00209/SUB A
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