2021 -- H 5487

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LC000801

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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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: Representatives Vella-Wilkinson, Casimiro, Noret, McLaughlin,
Williams, and Shanley

     Date Introduced: February 10, 2021

     Referred To: House Veterans` Affairs

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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

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CHAPTER 160

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RHODE ISLAND MILITARY AND VETERANS' AFFAIRS OVERSIGHT COMMISSION

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     42-160-1. Short title.

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

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affairs oversight commission."

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

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

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consisting of nine (9) members: four (4) of whom shall be from the house of representatives, not

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more than three (3) from the same political party to be appointed by the speaker; and three (3) of

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whom shall be from the senate, not more than two (2) from the same political party to be appointed

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

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by the governor.

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

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

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

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the veterans' cemetery and Rhode Island veterans' home.

 

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

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

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

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

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shall be filled in like manner as the original appointment.

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

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

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

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by the commission to facilitate the purposes of this section.

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

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suitable quarters for said commission;

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

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

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

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Provisions" is hereby amended to read as follows:

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     30-14-2. Federal and state funds.

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

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

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

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

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

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

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

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

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

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oversight commission shall exercise fiscal oversight of funds expended under chapters 1-14, 24, 25

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and 32 of title 30.

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     SECTION 3. Sections 30-17.1-6 and 30-17.1-7 of the General Laws in Chapter 30-17.1

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

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

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

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

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

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

 

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

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

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oversight commission pursuant to § 42-160-2.

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

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

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

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

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

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     (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

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

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

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

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

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

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and the director of veterans services.

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

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

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

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

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

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

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

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

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

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which shall be omitted.

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     SECTION 4. Section 30-24-1 of the General Laws in Chapter 30-24 entitled "Rhode Island

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

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     30-24-1. Management and control.

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

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

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

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

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services, or his or her designee, with oversight to be exercised by the military and veterans' affairs

 

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oversight commission pursuant to § 42-160-2.

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     SECTION 5. Section 30-25-14 of the General Laws in Chapter 30-25 entitled "Burial of

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Veterans" is hereby amended to read as follows:

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

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

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

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

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

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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

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

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

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generally may do all things necessary to ensure the successful operation thereof. The director shall

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promulgate rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to

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govern the eligibility for burial in the Rhode Island veterans' memorial cemetery. In addition to all

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persons eligible for burial pursuant to rules and regulations established by the director, any person

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who served in the army, navy, air force, or marine corps of the United States for a period of not

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less than two (2) years and whose service was terminated honorably, shall be eligible for burial in

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the Rhode Island veterans' memorial cemetery. The director shall appoint and employ all

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subordinate officials and persons needed for the proper management of the cemetery. National

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guard members who are killed in the line of duty or who are honorably discharged after completion

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of at least twenty (20) years' of service in the Rhode Island national guard and their spouse shall be

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eligible for interment in the Rhode Island veterans' memorial cemetery. For the purpose of

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computing service under this section, honorable service in the active forces or reserves shall be

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considered toward the twenty (20) years of national guard service. The general assembly shall make

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an annual appropriation to the department of human services to provide for the operation and

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maintenance for the cemetery. The director shall charge and collect a grave liner fee per interment

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of the eligible spouse and/or eligible dependents of the qualified veteran equal to the department's

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cost for the grave liner.

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

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

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

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

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

 

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

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

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

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

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coordination of this toll reimbursement program.

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     SECTION 6. 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

***

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

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

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

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     This act would take effect upon passage.

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