Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/SECTION 1. Section 25-11-10 of the 1976 Code is amended to read:
"Section 25-11-10.
(A) A Division of
Veterans' The Department of Veterans Affairs is
hereby created in the Department of
Administration within the executive branch of
government for the purpose of assisting
ex-servicemen former, present, and future
members of the armed forces of the United States in securing
the benefits to which they are entitled under the provisions of
federal legislation and under the terms of insurance policies
issued by the federal government for their benefit. Powers,
duties, and functions to be vested in the department shall
include all those powers, duties, and functions involving
cooperation with other governmental units, such as cities and
counties, or with the federal government agencies concerned with
participation in federal grants-in-aid programs relating to
veterans and veterans affairs. This division shall
be under the direct supervision of The department
shall receive advice and recommendations from a panel
consisting of the Governor as chairman, the Attorney General for
the purpose of giving legal advice, and the Adjutant and
Inspector General.
(B) The
department has authority to adopt rules to implement the
provisions of this chapter.
(C) The
department may apply for and accept funds, grants, gifts, and
services from the State, the United States Government or any of
its agencies, or any other public or private source, and may use
funds derived from these sources to defray clerical and
administrative costs, as may be necessary for carrying out the
division's duties.
(D) The department shall submit
an annual written report to the Governor no later than December
thirty-first of each year. The annual report shall
describe:
(1)
the number, nature, and kind of cases handled by
the department and by county and city veteran service officers
of the State;
(2)
the amounts of benefits obtained for
veterans;
(3)
the names and addresses of all certified veteran
service officers of the State;
(4)
the current status and condition of the
department's domiciliary and nursing homes, including the number
of residents received and discharged during the preceding year,
occupancy rates, staffing, and all receipts and expenditures
from the preceding year; and
(5)
any actions taken by the department to implement
the provisions of this subsection, including other information
and recommendations as the department considers prudent or
necessary.
(E) The
department shall administer this chapter and shall have the
authority and responsibility to apply for and administer any
federal programs and develop and coordinate such state programs
as may be beneficial to the particular interests of the veterans
of this State."
SECTION 2. Section 25-11-20 of the 1976 Code is amended to read:
"Section 25-11-20.
(A) For the purpose of carrying
on this work the Governor shall appoint, with the consent of
the Senate, a Director of the Division of Veterans'
Affairs, director of the department who is
charged with the duty of assisting all
ex-servicemen veterans, regardless of
the wars in which their service may have been rendered, in
filing, presenting, and prosecuting to final determination all
claims which they have for money compensation, hospitalization,
training, and insurance benefits under the terms of federal
legislation.
(B) The Director
of the Division Department of
Veterans' Veterans Affairs must be a
person veteran, as defined in Section
25-11-40, versed in federal legislation relating to these
matters and the rules, regulations, and practice of the Veterans
Administration as created by Congress and must be appointed by
the Governor.
(C) Before the
appointment, the Governor shall receive a recommendation from
(1) the executive committee of the American Legion, Department
of South Carolina, (2) the Veterans of Foreign Wars of the
United States, Department of South Carolina, and (3) the
Disabled American Veterans. The Governor is not required to
appoint the person recommended, and he
the director is subject to removal by the Governor
pursuant to the provisions of Section 1-3-240(B).
(D) The
director's duties shall include:
(1)
working with federal officials to obtain
additional federal resources and coordinate veterans policy
development and information exchange;
(2)
coordinating with appropriate state agencies to
ensure that available federal and state resources are directed
toward assisting veterans and addressing all issues of mutual
concern to the State and the armed forces of the Unites States,
including quality of life issues unique to South Carolina's
military personnel and their families, quality of educational
opportunities for military children, transportation needs,
substance abuse, and social service needs;
(3)
monitor and enhance efforts to provide
assistance and support for veterans living in South Carolina and
members of the South Carolina National Guard and South Carolina
residents in the armed forces reserves not in active federal
service in the areas of medical care, mental health and
rehabilitative services, housing, homelessness prevention, job
creation, and education;
(4)
settle claims, actions, causes of action, and
legal proceedings brought against the department or its
employees acting within the scope of his or her employment;
(5)
accept donation and gifts of property or grants
of money on behalf of the department in compliance with the
law;
(6)
initiate all rulemaking;
(7)
perform other such functions as may be necessary
to supervise, direct, conduct, and administer the daily duties
of the department as authorized by law or by rules and policies;
and
(8)
submit an annual report to the Governor,
pursuant to Section 25-11-10(D).
(E) The
Department of Administration may provide administrative support
to the department for the performance of its duties, including,
but not limited to, financial accounting support, human
resources administrative support, information technology shared
services support, procurement services and logistical
support."
SECTION 3. Section 25-11-40 of the 1976 Code is amended to read:
"Section 25-11-40.
(A) For the purpose of this section,
'veteran' means a person who served on active
duty in the armed forces of the United States for
a period of more than one hundred eighty days and was discharged
or released from such active duty with an honorable discharge
or, if one hundred eighty days or less, was discharged or
released from service active duty because of and who
was honorably discharged or released from such service due to
a service-connected disability.
(B) Subject to the
recommendation of a majority of the Senators representing the
county and a majority of the House members representing the
county, the Director of the Division
Department of Veterans Affairs shall appoint a county
veterans affairs officer for each county in the State, whose
term of office shall begin July first of each odd-numbered year
and shall continue for a term of two years and until a successor
shall be appointed. A county veterans affairs officer must be a
qualified veteran who served on active duty for a period of
more than at least one hundred eighty
days and was discharged or released from such active duty with
an honorable discharge or, if one hundred eighty days or less,
was discharged or released from such active duty because
of due to a service-connected disability;
otherwise, a county veterans affairs officer may be a qualified
nonveteran, if any veteran being considered for the post is not
as qualified as a nonveteran being considered for the post.
Qualifications shall be determined by the county legislative
delegation upon a majority vote of the Senators representing the
county and a majority of the House members representing the
county. A county veterans affairs officer is an at-will
employee, subject to removal for cause at any time by the
Director of the Department of Veterans Affairs, a majority
of the Senators representing the county, and a majority
of the House members representing the county.
(C) All county veterans affairs officers
must successfully complete a comprehensive course of training
and be issued accreditation within one year following initial
appointment, either through the Division
Department of Veterans Affairs or through an accredited
national veterans service organization. A training council from
the South Carolina Association of County Veterans Affairs
Officers, in conjunction with the Division
Department of Veterans Affairs or through an accredited
national veterans service organization, shall develop the
training criteria. Training and accreditation must be provided
by the Division Department of Veterans
Affairs or through an accredited national veterans service
organization. A county veterans affairs officer who does not
complete the required training and receives accreditation within
the first year following appointment is ineligible for
reappointment by the county legislative delegation.
Additionally, in order to maintain accreditation, refresher
training is required yearly.
(D)(1) In Berkeley
County, appointments made pursuant to this section are governed
by the provisions of Act 159 of 1995.
(2)
In Dorchester County, appointments made pursuant to this
section are governed by the provisions of Act 512 of
1996.
(3)
In Georgetown County, appointments made pursuant to this
section are governed by the provisions of Act 515 of
1996."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.