2021 -- H 5814

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LC001290

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'

HOME

     Introduced By: Representatives Quattrocchi, Place, Filippi, Nardone, and Price

     Date Introduced: February 24, 2021

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 30-24 of the General Laws entitled "Rhode Island Veterans' Home"

is hereby repealed in its entirety.

CHAPTER 30-24

Rhode Island Veterans' Home

     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.

     30-24-2. Bylaws and regulations -- Supervision by director.

     (a) The director of human services, or his or her designee, shall have the general

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

Island veterans' home. He or she shall make all needful bylaws 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. Administrator -- Advisory council.

     (a) The director of veterans services shall appoint an administrator for the Rhode Island

veterans' home who shall be an honorably discharged war veteran of the United States Armed

Forces.

     (b) There shall be an advisory council for veterans' affairs, consisting of not more than

fifteen (15) qualified electors of this state, ten (10) of whom shall be honorably discharged veterans

of the armed forces of the United States; twelve (12) of the members shall be appointed by the

governor, consisting of a member designated by each of the various state departments of the active

federally chartered veteran organizations, 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

of the house of representatives, to be appointed by the speaker of the house of representatives, and

one member from the senate, to be appointed by the president of the senate. The members of the

general assembly who shall serve on the advisory council for veterans' affairs shall serve so long

as they are members of the general assembly. 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. 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. Administrative support for the council shall be provided by the director

of veterans services.

     30-24-5. Functions of advisory council.

     The advisory council for veterans' affairs shall exercise and perform all the duties and

functions formerly exercised and performed by the advisory council for the Rhode Island veterans'

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home. The advisory council for the Rhode Island veterans' home is hereby abolished. The advisory

council for veterans' affairs shall make suggestions to and shall advise the director of the office of

veterans services; provided, however, that the advisory council shall have no administrative power.

     30-24-6. Acceptance of gifts -- Veterans' home restricted account.

     (a) The director of human services 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 §§ 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 § 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.

     (b) [Deleted by P.L. 1999, ch. 11, section 5.]

     (c) Notwithstanding the provisions of subsection (a) of this section, there is hereby

established a restricted receipt account within the general fund of the state for the sole purpose of

the collection and disbursement of any grant, devise, gift, or bequest of real or personal property

that may be made for the use and benefit of the design, construction, and furnishing of a new Rhode

Island veterans home in Bristol. This account shall be known as "donations -- new veterans' home

construction".

     30-24-7. Repealed.

     30-24-8. Funds remaining at end of year.

     The unexpended balance of such sum or sums of money as are received and appropriated

as provided in § 30-24-6 for the veterans' home restricted account remaining in the treasury at the

close of each fiscal year, shall be continued to, and is hereby annually appropriated for, the same

account for the ensuing year.

     30-24-9. Property of deceased residents.

     All goods, chattels, property, money, and effects of a deceased resident of the Rhode Island

veterans' home that have not been disposed of by him or her by a completed inter vivos conveyance

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or gift, or by a valid will, after payment therefrom of the funeral expenses, which shall not exceed

ten thousand dollars ($10,000), 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, or his or her 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 United States for a period of ninety (90) days or more and that period began or ended during

any foreign war in which the United States shall have been engaged or in any expedition or

campaign for which the United States government 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 Rhode

Island veterans' home, may be admitted to that facility subject to such rules and regulations as shall

be adopted by the director of human services to govern the admission of applicants to the facility.

Any person who has served in the armed forces of the United States designated herein and otherwise

qualified, who has served less than the ninety-day (90) 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

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     (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. §§ 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 Rhode Island veterans' 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.

     30-24-10.1. Domiciliary care program for homeless veterans.

     The director of the department of human services 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 Rhode Island veterans' home. Any veteran admitted to the

Rhode Island veterans' home pursuant to this section shall be exempt from the maintenance fee

assessment established pursuant to § 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.

     30-24-11. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter is adjudged by any court

of competent jurisdiction to be invalid, that judgment will not affect, impair, or invalidate the

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remainder thereof, but will be confined in its operation to the clause, sentence, paragraph, section,

or part directly involved in the controversy in which the judgment has been rendered.

     SECTION 2. Title 30 of the General Laws entitled "MILITARY AFFAIRS AND

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

CHAPTER 24.1

RHODE ISLAND VETERANS' HOME REORGANIZATION ACT

     30-24.1-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Veterans' Home

Reorganization Act."

     30-24.1-2. Establishment -- Purpose.

     (a) There is hereby authorized, created, and established a public corporation of the state

having a distinct legal existence from the state and not constituting a department of state

government to be known as the "Rhode Island Veterans' Home," with such powers as are set forth

in this chapter, for the purposes of the administration and enforcement of the provisions of this

chapter.

     (b) It is the intent of the general assembly, by the passage of this chapter, to vest the home

with all powers, authority, rights, privileges, and titles which may be necessary to enable it to

accomplish the purposes herein set forth, and this chapter and the powers herein granted shall be

literally construed in conformity with those purposes.

     (c) The home and its corporate existence shall continue until terminated by law. Upon

termination of the existence of the authority, all its rights and properties shall pass to and be vested

in the state.

     30-24.1-3. General powers.

     The home shall have the following powers, together with all powers incidental thereto or

necessary for the performance of those stated in the chapter:

     (1) To sue and be sued, complain and defend, in its corporate name.

     (2) To have a seal which may be altered at pleasure and to use the seal by causing it, or a

facsimile thereof, to be impressed or affixed or in any other manner reproduced.

     (3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and

otherwise deal in and with, real or personal property, or any interest therein, wherever situated.

     (4) To make and execute agreements of lease, construction contracts, operation contracts,

and all other contracts and instruments necessary or convenient in the exercise of the powers and

functions of the home granted by this chapter.

     (5) To make guarantees and incur or assume liabilities as the home may deem appropriate.

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     (6) To invest and reinvest funds.

     (7) To secure the cooperation and assistance of the United States, and any of its agencies

and of agencies of this state and its municipalities in the work of the home.

     (8) To accept grants, donations, drafts, loans of funds, and contributions in money, services,

materials, or otherwise, from the United States or any of its agencies, from this state and its

agencies, or from any other source, and to use or expend those monies, services, materials, or other

contributions in carrying out the purposes of this chapter.

     (9) To acquire or contract to acquire, from any person, the federal government or the state,

or any agency of either the federal government or state, by grant, purchase, lease, gift,

condemnation, or otherwise, or to obtain options for the acquisition of any property, real or

personal, improved or unimproved, and interests in land less than the fee thereof; and to own, hold,

clear, improve, develop, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease,

mortgage, or otherwise dispose of or encumber the property for the purposes of carrying out the

provisions and intent of this chapter for such consideration as the home shall determine.

     (10) To elect or appoint officers and agents of the home, and to define their duties and fix

their compensation, including authority to employ attorneys, accountants, architectural, and

engineering consultants, and such other employees or agents as the home shall deem necessary in

its judgment.

     (11) To make and alter bylaws, not inconsistent with this chapter, for the administration

and regulation of the affairs of the home, and the bylaws may contain provisions indemnifying any

person who is or was a director or an officer of the home.

     (12) To issue orders of general or specific applicability to carry out the purposes of this

chapter.

     (13) To have and exercise all powers necessary or convenient to effect its purposes.

     (14) To enter into agreements, contracts, and other arrangements with the state and any of

its departments, agencies, boards or commissions relating to the execution or performance of any

function or purpose of the home, including, but not limited to, investments, employee compensation

and employee benefits, and the state and its departments, agencies, boards and commissions are

hereby authorized to enter into such agreements, contracts and other arrangements with the home,

and upon the request of the home shall enter into such agreements, contracts and other arrangements

with the home.

     (15) To manage and control 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

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in need of such care as is provided at the home, shall be the responsibility of the board of directors.

     30-24.1-4. Composition of the board -- Appointment of members.

     (a) The home shall be operated by a board of directors consisting of eleven (11) appointed

members as follows:

     (1) Three (3) members of the senate to be appointed by the president of the senate, not

more than two (2) members of the same political party;

     (2) Three (3) members of the house of representatives to be appointed by the speaker of

the house of representatives, not more than two (2) members of the same political party;

     (3) Five (5) members to be appointed by the governor who shall be honorably discharged

war veterans of the armed forces of the United States; one of whom shall be a member of the purple

heart organization; 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.

     (b)(1) No person shall be eligible for appointment to the board unless he or she is a resident

of this state.

     (2) Each county in Rhode Island shall be represented on the board.

     (3) Members shall serve until their successors are appointed and qualified and shall be

eligible to succeed themselves. In the month of February in each year, the governor, with the advice

and consent of the senate, shall appoint successors to the public members of the board whose terms

shall expire in that year, to hold office commencing on the day they are qualified and until the first

day of March in the third year after their respective appointments and until their respective

successors are appointed and qualified.

     (c) Any vacancy which may occur on the board for a public member shall be filled by the

governor, with the advice and consent of the senate, for the remainder of the unexpired term in the

manner as prescribed in subsection (a) of this section.

     (d) Members of the board shall be removable by the governor pursuant to § 36-1-7 and for

cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for

the office shall be unlawful.

     (e) The home is designated to carry out the provisions of this chapter. In exercising its

powers under this chapter, the home constitutes a body politic and corporate and a public

instrumentality of the state having a distinct legal existence from the state and not constituting a

department of the state government. The board may take actions under this chapter at any meeting

of the board. Upon the enactment of this chapter, and annually in the month of March thereafter,

the board shall choose a treasurer. The treasurer need not be a member of the board or its staff and

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shall serve until his or her successor is chosen and takes office, unless sooner removed by the board

with or without cause. In the event of a vacancy in the office of treasurer, the board shall fill the

vacancy for the unexpired term.

     (f) Members of the board shall be eligible for reappointment.

     30-24.1-5. Officers of the board -- Quorum and vote required.

     Commencing October 1, 2021, and annually in the month of October thereafter, the board

shall elect one of its members as chairperson, and one of its members as vice chairperson. A simple

majority of the members of the board shall constitute a quorum. No vacancy in the membership of

the board shall impair the right of a quorum to exercise all the rights and perform all of the duties

of the board.

     30-24.1-6. Compensation -- Personnel.

     (a) The members of the board shall not be compensated for attendance at any home board

meeting, but shall be reimbursed for actual expenses incurred in carrying out their duties under this

chapter.

     (b) Notwithstanding the provisions of any other law, no officer or employee of the state

shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his

or her acceptance of membership on the board or his or her service thereto.

     (c) The members of the board shall employ an executive director for the home who shall

be an honorably discharged war veteran of the United States Armed Forces and who shall also be

the secretary who shall administer, manage, and direct the affairs and business of the home, subject

to the policies, control, and direction of the members of the board. The executive director shall not

be a member of the board. The members of the board may employ technical experts and other

officers, agents, and attorneys and fix their qualifications, duties, and compensation. Employees of

the home shall not, by reason of their employment, be employees of the state for any purpose, and

provision of the general laws to the contrary notwithstanding, including, without limiting the

generality of the foregoing, chapters 29, 39, and 42 of title 28 and chapters 4, 8, 9, and 10 of title

36. The employees are not entitled to the provisions of §§ 36-4-59, 36-5-7 and 36-5-8 while

employed by the home. The employees are only entitled to the provisions of these statutes in the

event that any such employee returns to employment in the classified service in a department within

the executive branch. The members of the board may employ other employees, permanent and

temporary. The members of the board may delegate to one or more of its agents or employees and

administrative duties that they may deem proper.

     (d) The secretary shall keep a record of the proceedings of the board and shall be custodian

of all books, documents and papers filed with the board and of its minute book and seal. He or she

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shall have authority to cause to be made copies of all minutes and other records and documents of

the board, and to give certificates under the seal of the board to the effect that the copies are true

copies and all persons dealing with the board may rely upon the certificates.

     (e) The members of the board shall, at regular intervals, conduct business meetings for the

purpose of carrying out its general business. The meetings shall be subject to the provisions of

chapter 46 of title 42 entitled "open meetings."

     30-24.1-7. Admissible to home - Fees.

     (a) Any person who has served in the Army, Navy, Marine Corps, Coast Guard, or Air

Force of the United States for a period of ninety (90) days or more and that period began or ended

during any foreign war in which the United States shall have been engaged or in any expedition or

campaign for which the United States government 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 Rhode

Island veterans' home, may be admitted to that facility subject to such rules and regulations as shall

be adopted by the executive director to govern the admission of applicants to the facility. Any

person who has served in the armed forces of the United States designated herein and otherwise

qualified, who has served less than the ninety (90) 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 executive 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), 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. §§ 1381- 1383d,

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subject to a maximum amount to be determined by rules and regulations as shall be adopted by the

executive 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 Rhode Island veterans' home

at no charge to the residents, with those funds to cover the cost of providing laundry services for

residents of the Rhode Island veterans' home derived from monies appropriated to the home by the

general assembly.

     30-24.1-8. Rules and regulations.

     The board is hereby authorized and empowered to make general rules and regulations and

to take such actions and issue such orders as may be required for the enforcement of this chapter,

and the rules and regulations, in addition hereto and not inconsistent herewith.

     30-24.1-9. Consultants.

     The board is authorized to employ such technical consultants as may be required by the

board for the proper performance of its powers and duties within the limit of funds provided

therefor.

     30-24.1-10. Relations with other governmental bodies and agencies.

     In order to adequately protect the interests of the state in its care of veterans at the home,

the board is hereby authorized to:

     (1) Cooperate with the appropriate agencies of the federal government, of the state or other

states, or any interstate bureau, group, division, or agency with respect to the administration of the

home and the welfare of its residents.

     (2) Appear, represent, and act for the state in respect to any proceeding before either a

federal or state governmental body or agency where the administration of the home and the welfare

of its residents is affected, and may do and perform such acts in connection therewith as it deems

proper to protect the interests of the state; and

     (3) Present for the consideration of the congress or officers of the federal government, as

occasion requires, the just rights of the state in relation to the home, and institute and prosecute

appropriate actions and proceedings to secure those rights, and defend any action or proceeding

calculated to impair those rights.

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     30-24.1-11. Exemption from taxation.

     The board and the home shall not be required to pay taxes or assessments upon or in respect

of those properties or facilities acquired, leased, or used by the board and the home under the

provisions of this chapter, or upon any improvement constructed on property owned by the board

and the home.

     30-24.1-12. Reporting requirements.

     Within ninety (90) days after the end of each fiscal year, the board shall approve and submit

an annual report to the governor, the speaker of the house of representatives, and the president of

the senate and the secretary of state of its activities during that fiscal year. The report shall provide:

     (1) A summary of the board meetings including when the board and its committees met,

subjects addressed, decisions rendered and meeting minutes; a summary of the board's actions; a

consolidated financial statement of all funds received and expended by the board including the

source of the funds; a listing of the staff and/or consultants employed by the board; and a listing of

findings and recommendations derived from board activities.

     (2) The report shall be posted electronically as prescribed in § 42-20-8.2. The director of

the department of administration shall be responsible for the enforcement of the provisions of this

subsection.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'

HOME

***

     This act would reorganize the Rhode Island Veterans' Home into a quasi-public corporation

of the state operated by a board of directors consisting of eleven (11) members.

     This act would take effect upon passage.

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