Chapter 88

§ 8801 Establishment of Department of Veterans Affairs; definitions; operations and transition report [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) A Department of Veterans Affairs is established. The Department of Veterans Affairs has the powers, duties, and functions set forth in this chapter. (b) As used in this chapter: (1) “Commission” means the Delaware Commission of Veterans Affairs. (2) “Department” means the Department of Veterans Affairs. (3) “Secretary” means the Secretary of the Department of Veterans Affairs. (c) For administrative, budgetary, and operational purposes, the Department of Veterans Affairs is a division of the Department of State until such time as the General Assembly approves the transition report authorized by subsection (d) of this section. (d) (1) The Secretary shall develop a transition plan to separate the Department of Veterans Affairs from the Department of State for administrative, budgetary, and operational purposes by July 1, 2030, or such time as there will be no negative impacts to the funding for veterans-related programs in Delaware. The Secretary shall prepare a transition report outlining the transition plan, including projections of the fiscal costs of the transition. The Secretary shall consult all of the following individuals or their designees when developing the plan and transition report: a. The Governor. b. The Lieutenant Governor. c. The Secretary of State. d. The Director of the Office of Management and Budget. e. The Chief Information Officer of the Department of Technology and Information. f. The Secretary of the Department of Human Resources. g. The Controller General. (2) The Secretary shall present the transition report to the General Assembly no later than 6 months in advance of the proposed transition to a separate Department. (3) The General Assembly may approve the transition report through passage of a concurrent resolution that sets forth and approves the proposed date on which the transition will occur. 85 Del. Laws, c. 137, § 1 ; § 8802 Secretary; appointment [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) The Secretary of the Department of Veterans Affairs is the administrator and head of the Department. The Secretary must be a veteran, qualified by training and experience to perform the duties of the office, and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary is appointed by the Governor, with the advice and consent of the Senate, and serves at the pleasure of the Governor. The Secretary shall be paid an annual salary as set forth in the annual Budget Appropriation Bill. (b) In the event of death, resignation, temporary incapacity, or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint a member of the Department to serve as Acting Secretary. The Secretary may, during an absence from this State, appoint a member of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary has all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed. 85 Del. Laws, c. 137, § 1 ; § 8803 Powers, duties, and functions of the Secretary [For application of this section, see 85 Del. Laws, c. 137, § 12]. The Secretary has the following powers, duties, and functions: (1) To supervise, direct, and account for the administration and operation of the Department, its offices, functions, and employees. (2) To hire such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law. The Secretary shall hire veterans to fill positions within the Department where possible. For purposes of this paragraph, “veteran” means a person who has served on active duty in the U.S. Armed Forces, including the National Guard or the reserves, and who was discharged under other than dishonorable conditions. (3) To establish, consolidate, or abolish such divisions and offices within the Department or transfer or combine the powers, duties, and functions of the divisions and offices within the Department as the Secretary, with the advice and consent of the Commission and the written approval of the Governor, may deem necessary, provided that all powers, duties, and functions required by law shall be provided for and maintained. (4) To make and enter into any and all contracts, agreements, or stipulations, and to retain, employ, and contract for the services of private and public consultants, research, and technical and other services and facilities, whenever the same is deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds are available for such purpose. All necessary legal services must be provided pursuant to Chapter 25 of this title. (5) To delegate any of the Secretary’s powers, duties, or functions to a director of a division, except the power to remove employees of the Department or to fix their compensation. (6) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as are deemed necessary by the Secretary and which are consistent with the laws of this State. (7) To maintain such facilities throughout this State as may be required for the effective and efficient operation of the Department. (8) To promulgate rules and regulations as necessary to carry out the Department’s functions and duties. (9) To adopt an official seal or seals for the Department. 85 Del. Laws, c. 137, § 1 ; § 8804 Duties of the Secretary with the advice of the Commission [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) The Secretary shall, with the advice of the Commission, do all of the following: (1) Develop and propose strategies for providing alternative forms of elder care or to create 1 or more additional veterans homes to ensure that as many veterans as possible can be served and housed as they grow older. (2) Operate and administer 1 or more Delaware veterans memorial cemeteries in this State and promulgate such rules and regulations governing the operation of the cemeteries as necessary. (3) Maintain a repository for all veterans’ “Statement of Service” or similar documentary verification of active armed service. (4) Administer the Delaware Veterans Trust Fund, which will provide financial assistance or grants to veterans with a minimum discharge status of general discharge under honorable conditions to cover costs associated with medical and dental needs; medical transportation; homelessness support; home repairs and safety modifications; household utilities; and educational or retraining programs. (5) Represent this State in concert with other states’ veterans’ agencies and the U.S. Department of Veterans Affairs on matters of mutual interest and concern. (6) Coordinate with and advise all departments and agencies of this State on all matters pertaining to education, training, employment, medical, and financial benefit programs for veterans, their dependents, and their survivors. (b) The Commission shall provide advice to the Secretary in the financial oversight and operation of the Delaware State Veterans Home. (c) The Department and the Secretary shall augment, not replace nor infringe upon, the functions of the service officers of veterans’ organizations. The Department may accredit claims representatives in each county. Department-accredited claims representatives are accountable to the Department. 85 Del. Laws, c. 137, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 8811 Established; composition; powers [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) There is established the Delaware Commission of Veterans Affairs. (b) The Commission is composed of 15 Commissioners all of whom are appointed by the Governor for terms of 4 years. Commissioners must be veterans, residents of this State, and citizens of the United States. (1) Ten Commissioners shall be representatives of statewide veterans organizations that are chartered by Congress or authorized under federal law. Where a Commissioner represents a veterans organization, that organization must, within 60 days prior to the expiration of a Commissioner’s term or within 30 days following a vacancy, submit to the Office of the Governor a letter of recommendation which shall include at least 3 nominees and their application packet. Commissioners who are appointed to represent a statewide veterans organization must, during the course of their term, remain members in good standing of the nominating organization. The following veterans organizations shall be represented on the Commission: a. American Legion. b. American Veterans. c. Air Force Sergeants Associations. d. Disabled American Veterans. e. Korean War Veterans or National Association of Black Veterans. Until such time as any current Korean War Veterans representative serving as Commissioner as of August 9, 2023, has completed a current full term or otherwise resigned the commission, that Commissioner shall retain the appointment and seat on the Commission. At the completion of that term or upon resignation of the Commissioner, the Korean War Veterans Commissioner seat shall be filled by a representative of the National Association of Black Veterans. f. Marine Corps League. g. Military Officers Association of America. h. Military Order of the Purple Heart. i. Veterans of Foreign Wars. j. Vietnam Veterans of America. (2) Five Commissioners shall be at-large Commissioners, who shall also be a member of any veterans organization or may be a veteran who has applied directly to the Office of the Governor. (c) For purposes of this section, a “veteran” is any person who has served on active duty in the U.S. Armed Forces, including the National Guard or the reserves, and who was discharged under other than dishonorable conditions. 65 Del. Laws, c. 232, §  1 ; 69 Del. Laws, c. 145, §  4 ; 69 Del. Laws, c. 228, §  1 ; 78 Del. Laws, c. 308, §  1 ; 80 Del. Laws, c. 217, §  1 ; 84 Del. Laws, c. 163, § 1 ; 85 Del. Laws, c. 137, § 2 ; § 8812 Duties and responsibilities [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) (1) The Commission shall recommend candidates to the Secretary, who shall hire and employ an Executive Director that will also provide services to the Commission. The Executive Director is exempt from Chapter 59 of this title and must be a veteran as defined in § 8811 of this title. (2) The Executive Director is an employee of the Department of Veterans Affairs. (3) The Executive Director reports to the Secretary and consults with the Commission on all substantive matters. (b) The Commission has the power of general oversight in the administration of the Delaware State Veterans’ Home and may recommend such rules, regulations, and policy as is necessary to the operation of a veterans’ home provided, however, such rules, regulations, and policy are not inconsistent with the other provisions of this chapter. (c) The Commission shall establish and administer the “Delaware Veterans Trust Fund” which will provide financial assistance or grants to veterans with a minimum discharge of general discharge under honorable conditions to cover costs associated with medical and dental needs; medical transportation; homelessness support; home repairs and safety modifications; household utilities; and educational or retraining programs. (d) The Commission shall serve in an advisory capacity to the Secretary on all matters relevant to veterans in this State and specifically with respect to those duties set forth under § 8804 of this title. (e) The Commission may initiate, review, and sponsor state legislation pertaining to veterans. (f) The Commission shall submit to the Governor, Secretary, Secretary of State, and to the General Assembly an annual report of the Commission’s activities and recommendations. Submission to the General Assembly shall be made by delivering a copy of the annual report to the Secretary of the Senate, the Chief Clerk of the House, the Chairs of the House and Senate Veterans Affairs Committees, and the Director and Librarian of the Division of Legislative Services. 65 Del. Laws, c. 232, §  1 ; 67 Del. Laws, c. 42, §§  1, 2 ; 69 Del. Laws, c. 225, §  1 ; 69 Del. Laws, c. 228, §  3 ; 70 Del. Laws, c. 358, §§  1, 2 ; 75 Del. Laws, c. 288, §  1 ; 79 Del. Laws, c. 183, §  1 ; 80 Del. Laws, c. 217, §  1 ; 82 Del. Laws, c. 18, § 1 ; 82 Del. Laws, c. 70, § 1 ; 83 Del. Laws, c. 37, § 37 ; 84 Del. Laws, c. 320, § 1 ; 85 Del. Laws, c. 137, § 2 ; § 8813 Authority [For application of this section, see 85 Del. Laws, c. 137, § 12]. The Commission is authorized to develop and promulgate bylaws and rules necessary to its functions. 65 Del. Laws, c. 232, §  1 ; 85 Del. Laws, c. 137, § 2 ; § 8814 Organization and operation [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) A veterans organization listed in § 8811(b) of this title may petition the Governor to remove from the Commission a member which said organization recommended, provided the reasons for said removal are clearly stated in said petition. (b) In the event any Commissioner fails to attend 3 successive scheduled meetings without just cause such failure shall be sufficient grounds for the representative of the particular veterans organization to be removed by the Governor. (c) As vacancies occur, they shall be filled in accordance with § 8811(b) of this title. (d) The names of prospective members of the Commission shall be submitted to the Governor by letter from the senior official of each respective statewide veterans organization. (e) The members of the Commission shall elect 1 of their members to serve as Chair and 1 as Vice-Chair who shall not serve more than 2 consecutive terms. Such elections shall be held annually in September. (f) The Chair and Vice-Chair shall serve as voting members of the Commission. (g) The Department shall provide clerical and staff support to the Commission. (h) The Commission shall hold monthly meetings at such time and location as prescribed by the Chair. Special meetings may be called by the Chair or a majority of the Commission membership. (i) A quorum shall consist of a simple majority of the Commission members. (j) Members of the Commission shall serve without compensation except that they may be reimbursed for reasonable and necessary travel expenses incident to their duties as members of the Commission to the extent that funds are available and in accordance with state law. 65 Del. Laws, c. 232, §  1 ; 69 Del. Laws, c. 225, §  2 ; 71 Del. Laws, c. 188, §  1 ; 84 Del. Laws, c. 320, § 2 ; 85 Del. Laws, c. 68, § 45 ; 85 Del. Laws, c. 137, § 2 ; 85 Del. Laws, c. 548, § 23 ; § 8815 Funding [For application of this section, see 85 Del. Laws, c. 137, § 12]. Annually, the Commission shall submit a proposed budget to the Department of Veterans Affairs for review and approval by that Department. The Department of Veterans Affairs shall then recommend to the General Assembly that the Commission’s budget be included as a line item within said Department’s funding. 65 Del. Laws, c. 232, §  1 ; 85 Del. Laws, c. 137, § 2 ; § 8816 Relationship to other state agencies [For application of this section, see 85 Del. Laws, c. 137, § 12]. (a) The Commission may request the advice, opinion, or assistance of other appropriate state agencies as necessary to properly discharge its duties and responsibilities. (b) The Department of Veterans Affairs shall provide reasonable office and meeting facilities and other logistic support as requested by the Commission. (c) The Department of Veterans Affairs shall maintain an overview of the Commission’s operation in order to insure proper use of, and accountability for, state funds appropriated for that purpose. 65 Del. Laws, c. 232, §  1 ; 75 Del. Laws, c. 98, §  56 ; 84 Del. Laws, c. 320, § 3 ; 85 Del. Laws, c. 137, § 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? 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