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Section 31-5-1
Section 31-5-1 Definitions.
As used under this chapter these terms shall have the following meanings:
(1) DEPARTMENT. The State Department of Veterans* Affairs.
(2) THE STATE BOARD. The State Board of Veterans* Affairs.
(3) STATE COMMISSIONER. The State Service Commissioner.
(4) VETERAN. Except as otherwise used in this chapter, such term shall mean any person, male or female, who served on active duty, whether commissioned, enlisted, inducted, appointed or mustered into the military or naval service of the United States during any war in which the United States has been engaged, and who shall have been discharged or released from such services under conditions other than dishonorable.
(Acts 1945, No. 173, p. 304, §1.)
Section 31-5-2
Section 31-5-2 Established; bureaus and divisions; operation under State Board of Veterans* Affairs; composition.
There shall be a State Department of Veterans* Affairs with subordinate bureaus and divisions, which shall operate under a State Board of Veterans* Affairs, and consist of a State Service Commissioner and such other officers and employees authorized to be appointed under this chapter, and meeting the qualifications prescribed by the state board.
(Acts 1945, No. 173, p. 304, §2.)
Section 31-5-3
Section 31-5-3 State Board of Veterans* Affairs.
(a) The State Board of Veterans* Affairs shall consist of the Governor, as chair, and representatives, to serve for a term of four years from the date of their respective appointments, who shall be selected from the memberships of the Alabama Department of the American Legion, the United Spanish American War Veterans, the Veterans of Foreign Wars, the Disabled American Veterans, Veterans of WWI of the USA, Incorporated, the Vietnam Veterans of America, AMVETS, the Military Order of the Purple Heart, and American Ex-Prisoners of War, Incorporated, the nomination of the representatives to be made by the executive committees or similar governing bodies of the respective organizations on the following ratio of the membership as it existed on July 1 of the year in which the appointment is to be made by the Governor in a manner whereby there shall be one representative from each of the organizations for the first 7,500 resident members or fraction thereof, and one additional representative from each organization for each additional 7,500 resident members or fraction thereof. The total memberships of the respective organizations shall be determined on July 1 of the year in which the representatives shall be designated from the state enrollment of each organization as duly verified for correctness by the adjutant or a similar officer of the organization. Notwithstanding the foregoing, the executive committees or similar governing bodies of the above-named organizations shall each nominate to the Governor three veterans who are members of the organizations, for each place on the board to which the organizations are entitled to have a nominee. The nominations shall also include, in representative proportions, veterans of every war which are included in the membership of the organizations. The board shall have authority to grant representation on the board, and on the same basis of membership as provided in this section, to any organization of veterans of the Second World War having a national charter authorized by an act of Congress and operating through local organizations in Alabama.
(b) The state board, in conference with the State Service Commissioner, shall be responsible for the adoption of policies, rules, and regulations for its government and for the government of the Department of Veterans* Affairs.
(c) The state board, subject to Section 31-5-6, shall have and exercise all rule-making powers of the department, and may make regulations not inconsistent therewith or with state law that it deems necessary for carrying out this chapter. The board also may alter, repeal, or amend the regulations or any of them. This rule-making power shall include the establishment and promulgation of rules and regulations, including amendments and repeals thereof, with respect to the manner of performance of all functions and duties of the department and the various officers and employees thereof, including the selection and appointment of all service commissioners. All rules and regulations shall be furnished to the Personnel Board, and in accordance therewith, a list of eligibles shall be established therefrom. Competition for places on the eligible lists shall be limited to persons meeting qualifications and requirements set up in the rules and regulations. The rules and regulations shall have the force and effect of law and prima facie evidence thereof may be given in all courts and proceedings by the production of what purports to be an official printed copy of the regulations, alterations, repeal, or amendment.
(d) The state board shall have the power, and it shall be its duty, to fix the salaries and minimum standards of service and personnel of all service commissioners, and subject to the State Merit System, where applicable, to fix salaries and minimum standards of service and personnel, according to the schedules and rules prescribed by the State Personnel Board, for other employees and personnel.
(e) The state board shall hold meetings at times and places to be prescribed by rules of the state board or as may be designated by the chair.
(f) The presence of a majority of the members at any regular or special meeting shall constitute a quorum for the transaction of all business.
(g) Members of the state board shall be entitled to a per diem, not exceeding twenty-five dollars ($25) per day, to be fixed by the board, and the amount of their traveling and other necessary expenses actually paid out while in attendance at the meetings of the state board or on the business of the state department.
(Acts 1945, No. 173, p. 304, §§3, 4; Acts 1966, Ex. Sess., No. 207, p. 255; Acts 1975, No. 1038, p. 2081; Acts 1986, No. 86-504, p. 984; Acts 1990, No. 90-526, p. 769; Acts 1994, No. 94-262, p. 495, §1.)
Section 31-5-4
Section 31-5-4 Assistance to veterans in presenting claims, establishing rights, etc.
The State Department of Veterans* Affairs shall assist every veteran of any war of the United States in presenting and pursuing such claim as the veteran may have against the United States arising out of war service and in establishing the veteran*s right to any privilege, preference, care or compensation provided for by the laws of the United States or of the State of Alabama, when the veteran requests such assistance. Whenever the veteran applying to a representative of the State Department of Veterans* Affairs shall have executed a power of attorney to any veterans* organization or the American Red Cross the said representative shall accept any claim or information pertaining to any claim, right, preference, privilege, compensation or application for care from the veteran and advise with him as to the proper preparation of the same and then forward the same to the State Department of Veterans* Affairs in order that it might make contact with the organization to which the veteran has given a power of attorney for the further handling, presenting and prosecuting of such claim. Should any veteran making application to the State Department of Veterans* Affairs not have given a power of attorney to any organization to represent him in handling his affairs, the department shall advise him of the organizations recognized by the Veterans* Administration to represent him and allow said veteran to make his choice of the organization he desires to represent him.
(Acts 1947, No. 302, p. 154, §1.)
Section 31-5-5
Section 31-5-5 Contracts with veterans* organizations for assistance to veterans in processing claims, etc.
The State Department of Veterans* Affairs, by the State Service Commissioner, with the approval of the State Board of Veterans* Affairs, may contract with any organization of veterans which has regularly, for a period of five years next preceding the date of such contract, maintained an established committee or agency rendering similar services to veterans as the services referred to in Section 31-5-4 to perform such service for veterans and to process any claims or matters of veterans who apply to the State Department of Veterans* Affairs for assistance when said veterans have executed a power of attorney to said veterans* organization. The said department, through said contract, shall compensate said veterans* organizations on the basis of service rendered, which compensation shall be paid from sums appropriated to the State Department of Veterans* Affairs. No such contract shall be made unless the State Board of Veterans* Affairs determines that, owing to the confidential relationships involved and the necessity of operating through agencies which the veterans involved will feel to be sympathetic towards their problems, the services cannot satisfactorily be rendered otherwise than through the agency of such veterans* organization and that the best interests of the veterans involved will be served if such contract is made.
(Acts 1947, No. 302, p. 154, §2.)
Section 31-5-6
Section 31-5-6 State Service Commissioner - Qualifications; appointment; term of office and removal; head of department; representation of state before federal agencies; reciprocal agreements with other states; appointment of district and county service commissioners and other personnel.
(a) It shall be the duty of the State Board of Veterans* Affairs to appoint a State Service Commissioner who shall serve for a term of four years subject to removal by the state board for cause. He shall be appointed on the basis of education, ability and experience in handling veterans* affairs, and without regard to political affiliations. Such commissioner shall be a resident of the State of Alabama and shall be a veteran who served on active duty for a period of 60 days or more in the military or naval forces of the United States in any war in which the United States shall have been engaged, and shall have been honorably discharged therefrom, and all subsequent appointees to such office shall be selected in like manner and possess like qualifications.
(b) All administrative and executive duties and responsibilities of the department shall be performed by the State Service Commissioner, subject to the authority of the state board. The State Service Commissioner shall be the executive and administrative officer of the State Department of Veterans* Affairs, and shall have the power to issue administrative orders and directives to all officials and employees in the department.
(c) The State Department of Veterans* Affairs, acting through the State Service Commissioner, shall be the designated agency of the State of Alabama to represent the state and its veterans before the United States Veterans* Administration, or any other agency dealing with the interest of the veteran.
(d) The State Service Commissioner, with the approval of the state board, shall be empowered to enter into reciprocal agreements with other states under which veterans who are residents of such other states may be rendered services in the State of Alabama.
(e) The State Service Commissioner, with the approval of the state board, shall appoint all district service commissioners and county service commissioners as provided in this chapter.
(f) The State Service Commissioner shall appoint all clerical and stenographic personnel in the state department, and in all county offices as is authorized or may hereafter be authorized under the State Merit System and approved by the State Personnel Board.
(Acts 1945, No. 173, p. 304, §4.)
Section 31-5-7
Section 31-5-7 State Service Commissioner - Duties generally; compensation.
(a) The State Service Commissioner shall submit to the State Board of Veterans* Affairs for its approval an annual budget of all funds appropriated by the Legislature to the department for the specific purposes for which they are appropriated, and also a budget of any federal funds which may be allotted to the state by the federal government for the purposes of the department according to the regulations of the federal authorities. He shall publish annually a full report of the operations and administration of the department, together with recommendations and suggestions, and submit such report to the state board.
(b) It shall be the duty of the state commissioner to:
(1) Prepare detailed plans for, and fully develop, a comprehensive statewide veterans* assistance program.
(2) Cooperate with all other heads of the state departments in coordinating the plans and programs of state agencies which may properly be utilized in the administration of various aspects of the problems of veterans, and dependents of veterans, such as the Office of the State Adjutant General, the State Department of Education, the State Department of Pensions and Security, the State Department of Industrial Relations, the State Planning Board, the State Board of Health and any other state agencies furnishing services to veterans.
(3) Provide a central contact between federal agencies dealing with the problems of veterans, such as the United States Veterans* Administration, the Selective Service System, the Social Security Administration, the Department of Defense and other federal agencies on the one hand, and the several state agencies which may administer the various aspects of the veterans* services and benefits on the other.
(4) Maintain central case records of all veterans seeking services or benefits to facilitate the interchange of information and case histories among the several state administrative agencies and the federal agencies to provide a clearinghouse of information.
(c) Other duties of the state commissioner shall be to:
(1) Acquaint himself, his associates and the employees with the laws, federal, state and local, enacted for the benefit of members of the armed forces, veterans, their families and dependents.
(2) Collect data and information as to the facilities and services available to them, and cooperate with information or service agencies throughout the state, to inform members of the armed forces, veterans, their families and dependents, and the military and civil authorities regarding the existence or availability of:
a. Educational training and retraining facilities.
b. Health, medical, rehabilitation and housing services and facilities.
c. Employment and reemployment services.
d. Provisions of federal, state and local laws affording rights, privileges and benefits to members of the armed forces, veterans, their families and dependents.
e. Other matters of similar, relative or appropriate natures.
(3) Aid all residents of the State of Alabama who served in the military or naval forces or other armed services of the United States during any war in which the United States has been engaged, and members of the armed services during the peace times who have been honorably discharged from such service, their relatives, beneficiaries and dependents, to receive from the United States any and all compensation, hospitalization, insurance, education, employment, loan guarantees or any other aid or benefit to which they may be entitled under existing laws of the United States, or such as may be hereafter enacted, and he shall perform such other duties in connection therewith as may be assigned by the state board.
(4) Cooperate and negotiate with the federal government, all national, state and local governmental or private agencies for securing additional services or benefits for veterans, their families and dependents who are residents of the State of Alabama.
(5) Develop and implement statewide plans for a repatriation program for proper reinterment, with appropriate honors, of the bodies of members of the armed services returned from temporary overseas cemeteries.
(6) Provide for and maintain an advisory, counselling and assistance service for dependents of present members of the armed services in connection with dependency allotments and allowances.
(7) Disseminate information and instructions on a statewide basis pertaining to such acts as may be enacted from time to time by the Congress providing benefits for active members of the armed forces, their beneficiaries and dependents.
(8) Assist former prisoners of war and civilian internees to collect such indemnities and benefits as may be authorized by Congress from seized assets of enemy nations.
(9) Compile, publish and distribute casualty lists resulting from the Korean and Southeast Asian actions and any subsequent hostilities and to aid survivors and dependents of such survivors and dependents of such casualties to recover all rightful benefits before or after termination of armed service.
(Acts 1945, No. 173, p. 304, §9; Acts 1951, No. 960, p. 1632.)
Section 31-5-8
Section 31-5-8 Assistant state service commissioners.
The State Service Commissioner shall, with the approval of the State Board of Veterans* Affairs, appoint one first assistant state service commissioner, who shall be an attorney, and such other number of additional assistant state service commissioners as the state board deems necessary, who shall serve as employees in the department, subject to the rules and regulations of the state board. They shall be appointed on the basis of education, ability and experience in handling veterans* affairs, and without regard to political affiliations. Such appointees shall be residents of the State of Alabama, and shall be veterans who served on active duty for a period of 60 days or more in the military or naval forces of the United States in any war in which the United States shall have been engaged, and shall have been honorably discharged therefrom, and all subsequent appointees to such office shall be selected in like manner and shall be possessed of like qualifications.
(Acts 1945, No. 173, p. 304, §5.)
Section 31-5-9
Section 31-5-9 County service commissioners and district service commissioners - Qualifications and appointment.
It shall be the duty of the State Service Commissioner, subject to the approval of the State Board of Veterans* Affairs, to appoint a county service commissioner for each of the several counties in the State of Alabama, except as provided in this section, and all such appointees shall be employees of the state department, subject to the authority, rules and regulations of the state board. Such county service commissioner shall be a resident of the county, and a qualified elector therein, and shall be a veteran who served on active duty in the military or naval forces of the United States for a period of 60 days or more in any war in which the United States shall have been engaged, and shall have been honorably discharged therefrom, and all subsequent appointees to such office shall be selected in like manner and possessed of like qualifications. It shall be the duty of the State Service Commissioner and state board to economize as far as possible in the administration of this law in the several counties of the state. It shall be the duty of the state commissioner, subject to the approval of the state board, to study the requirements of each separate county, and to decide from time to time whether or not there is a need for a county service commissioner in any particular county. In reaching a decision in such matter, the State Service Commissioner and the state board shall take into consideration the total population of the county, the number of men inducted into the armed services from the county, the number of veterans of all wars present in the county and special circumstances and facts involving the concentration of industries or other problems which may have a tendency to increase or decrease the number of veterans in certain localities. It shall be within the power of the State Service Commissioner, subject to the approval of the state board, to establish districts in the state, such districts to contain one or more counties, wherever the number of veterans in the counties composing such districts do not justify the establishment of a separate county service commissioner*s office in each county in the district, and a central district service commissioner*s office shall be established at the most central point in such district; provided, however, such district offices must afford maximum services to veterans residing in such district. It shall be the duty of the district service commissioner to visit each county in the district on certain specified days to be designated by the State Service Commissioner for the purpose of assisting all veterans in such counties. District service commissioners appointed under this section shall be selected in the same manner as county service commissioners, and shall be possessed of like qualifications.
(Acts 1945, No. 173, p. 304, §6.)
Section 31-5-10
Section 31-5-10 County service commissioners and district service commissioners - Duties.
(a) The county service commissioner and district service commissioner shall perform such duties as may be prescribed by policies, rules and regulations and instructions promulgated by the State Board of Veterans* Affairs and shall be administratively responsible to the State Service Commissioner.
(b) It shall be the duty of the county service commissioner and district service commissioner to:
(1) Cooperate with and assist the volunteer county veterans* service committees in his district or county in the development of a veterans* assistance program for his district or county.
(2) Furnish information and data to the office of the State Service Commissioner relative to the various aspects of the problems of veterans and dependents of veterans in his jurisdiction.
(3) Provide in his office an information and referral service to veterans seeking aid and assistance in connection with matters pertaining to employment and reemployment, educational and vocational training, health, medical, rehabilitation and housing services and facilities, emergency financial assistance and other matters of similar or relative and appropriate natures.
(4) Cooperate with all national, state and local governmental and private agencies offering services or any benefits to veterans, their families and dependents.
(5) Aid all residents of the district or county who served in the military or naval forces or other armed services during any war in which the United States has been engaged, and members of the armed services during peacetime who have been discharged under conditions other than dishonorable from the services, their relatives, beneficiaries and dependents to receive from the United States any and all compensation, hospitalization, insurance and other aid or benefits to which they may be entitled under existing laws of the United States, or such as may hereafter be enacted, and he shall perform such other duties in connection therewith as may be assigned by the state board.
(6) To seek out and advise the veterans of the district or county of their rights and benefits under state and federal laws, and to encourage their taking advantage of the educational opportunity, trade and vocational training, and to counsel and advise widows, orphans and beneficiaries to the end that veterans and citizens of the county shall secure the maximum return from the available benefits.
(c) Each county service commissioner shall devote his entire time to such duties.
(Acts 1945, No. 173, p. 304, §10.)
Section 31-5-11
Section 31-5-11 Oath of office and bond of officers.
The State Service Commissioner, the assistant service commissioner and each of the district service commissioners and county service commissioners shall, before entering into the duties of his office, subscribe and execute an oath of office. The State Service Commissioner and the Assistant State Service Commissioner shall each execute and furnish a bond in the penal sum of $10,000.00, with sufficient surety to be approved by the State Board of Veterans* Affairs, conditioned upon the faithful performance of their official duties. Each district service commissioner and county service commissioner shall execute and furnish a bond in the penal sum of $5,000.00 with sufficient surety to be approved by the State Service Commissioner, conditioned upon the faithful performance of their official duties. The premium of all such bonds for officials in the department shall be paid by the State of Alabama.
(Acts 1945, No. 173, p. 304, §13.)
Section 31-5-12
Section 31-5-12 Seal of Office of State Service Commissioner; appointment and powers of service commissioners as notaries public.
The State Service Commissioner shall have a seal of office and he, the assistant state service commissioner and each district service commissioner and county service commissioner shall be appointed notaries public and authorized to administer oaths to any person or persons who may desire to swear to the correctness of any statement or statements made in connection with any application for compensation, hospitalization, insurance or any other service, aid or benefit to which such person or persons, or any other person or persons on whose behalf the affidavits are made, may be entitled under existing laws of the United States, or such as may hereafter be enacted. Such officers shall likewise be authorized and empowered to certify to the correctness of any document or documents which may be submitted in connection with any such application or applications.
(Acts 1945, No. 173, p. 304, §12.)
Section 31-5-13
Section 31-5-13 Offices of department, State Service Commissioner, etc.
The Department of Veterans* Affairs and State Service Commissioner shall maintain offices in the capital city of the state. In each city of the state wherein the United States Veterans* Administration maintains a regional or branch office, the State Service Commissioner, under authority of the State Board of Veterans* Affairs, in addition to the office of any district service commissioner or county service commissioner, may, if he deems it necessary, set up and maintain a service office staffed by an assistant service commissioner with ample clerical assistants.
(Acts 1945, No. 173, p. 304, §11.)
Section 31-5-14
Section 31-5-14 Payment of salaries of officers and employees and other expenses of department; counties to furnish offices for district and county service commissioners.
All salaries of officials and employees of the department as provided for under this chapter, and office, travel and other expenses incidental to the proper establishment, operation and maintenance of the department, or offices of district or county service commissioners, or other offices established by the State Service Commissioner as provided for under this chapter, shall be paid by the State of Alabama, from the General Fund; provided, however, that each county in the state in which a district service commissioner*s office or a county service commissioner*s office is established shall furnish suitable office space in the county courthouse, or another suitable location in the county for the use of the district service commissioner or county service commissioner, and any rental, telephone, janitor, light, power, heat or other maintenance expense for such office shall be paid by the county.
(Acts 1945, No. 173, p. 304, §8.)
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