Bill Text: MS HB371 | 2024 | Regular Session | Introduced

---

Bill Title: State Veterans Affairs Board; revise composition of and transfer powers of Veterans' Home Purchase Board to.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-05 - Died In Committee [HB371 Detail]

Download: Mississippi-2024-HB371-Introduced.html

---

MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Military Affairs; Accountability, Efficiency, Transparency

By: Representative Currie

House Bill 371

AN ACT TO AMEND SECTIONS 35-1-1 AND 35-1-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JULY 1, 2024, ALL FUNDS, STAFF, ASSETS AND LIABILITIES OF THE VETERANS' HOME PURCHASE BOARD BEFORE JULY 1, 2024, SHALL BE UNDER THE CONTROL OF AND SHALL BE THE RESPONSIBILITY OF THE STATE VETERANS AFFAIRS BOARD; TO PROVIDE THAT THE STATE VETERANS AFFAIRS BOARD SHALL BE VESTED WITH ALL POWER TO PERFORM DUTIES, FUNCTIONS AND ACTIVITIES PERFORMED BY THE VETERANS' HOME PURCHASE BOARD BEFORE JULY 1, 2024; TO BRING FORWARD SECTION 35-1-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES GENERAL POWERS AND DUTIES OF THE STATE VETERANS AFFAIRS BOARD, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 35-7-5 AND 35-7-7, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "BOARD" UNDER THE VETERANS' HOME PURCHASE LAW TO MEAN THE STATE VETERANS AFFAIRS BOARD AND TO ABOLISH THE VETERANS' HOME PURCHASE BOARD; TO BRING FORWARD SECTION 35-7-11, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE ESTABLISHMENT OF OFFICES AND EMPLOYMENT OF STAFF UNDER THE VETERANS' HOME PURCHASE LAW, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 35-1-1, Mississippi Code of 1972, is amended as follows:

     35-1-1.  (1)  (a)  There is hereby created a State Veterans Affairs Board, which may also be referred to as the "Mississippi Veterans Affairs," to consist of seven (7) members, to be appointed by the Governor, one (1) from each congressional district as they existed on January 1, 1952, of the State of Mississippi.  One (1) shall be appointed for one (1) year, another for two (2) years, another for three (3) years, another for four (4) years, another for five (5) years, another for six (6) years, and another for seven (7) years, thus staggered.  At the end of such term for each of said seven (7) members, a successor shall be appointed for a term of seven (7) years, thus providing for seven (7) members, one (1) of whom shall be appointed each year.  In the event of death, resignation or removal of a member of the board, such person appointed to fill the vacancy shall be a legal resident of the congressional district in which the vacancy shall occur, and shall serve for the remainder of the term to which such member was appointed.  Members of the board shall be veterans of any war or police action in which the Armed Forces of the United States have been, are, or shall be committed for action, who have been honorably discharged or honorably released.

          (b)  From and after May 14, 1992, terms of all members then serving on the State Veterans Affairs Board shall terminate, and the board shall be reconstituted as follows:  The board shall consist of seven (7) members.  All members shall be appointed by the Governor, with the advice and consent of the Senate.  One (1) member shall be appointed from each congressional district as such districts existed on March 1, 1992, and two (2) members shall be appointed from the state at large.  Of the initial congressional district appointees to the board, one (1) shall serve for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years and one (1) for a term of five (5) years.  Of the initial at-large appointees, one (1) (who shall be that person appointed in January 1992 from the First Congressional District under the provisions of paragraph (a) of this subsection) shall serve for a term of three (3) years and one (1) (who shall be that person appointed in January 1992 from the Seventh Congressional District under the provisions of paragraph (a) of this subsection) shall serve for a term of five (5) years.  All appointees after the initial appointees shall serve for terms of five (5) years each.  In the event of death, resignation or removal of a member of the board, the vacancy shall be filled by appointment of the Governor, with the advice and consent of the Senate, from the congressional district in which the vacancy occurs, for the length of the unexpired term only.  Members of the board shall be honorably discharged or released veterans of any war or police action in which the Armed Forces of the United States have been, are, or shall be committed for action.  No state/department commander of any federally recognized veterans organization, no national officer of any federally recognized veterans organization and no member of the Mississippi Council of Veterans Organizations shall be eligible for appointment to the board until the expiration of a period of three (3) years after the termination of their service in such disqualifying positions.

          (c)  From and after July 1, 2024, the State Veterans Affairs Board shall consist of seven (7) members, to be appointed by the Governor, with the advice and consent of the Senate.  There shall be one (1) member appointed from each congressional district as such districts existed on January 1, 2024, and three (3) members shall be appointed from the state at large.  Members serving before July 1, 2024, will continue to serve in accordance with their term until their successors are appointed and qualified.  Initial members appointed from and after July 1, 2024, shall be appointed for terms as follows:  one (1) member for one (1) year, one (1) member for two (2) years, one (1) member for three (3) years, one (1) member for four (4) years, one (1) member for five (5) years, one (1) member for six (6) years, and one (1) member for seven (7) years.  At the end of such term for each of such seven (7) members, a successor shall be appointed for a term of seven (7) years.  In the event of death, resignation or removal of a member of the board, the vacancy shall be filled by appointment of the Governor, with the advice and consent of the Senate, from the congressional district in which the vacancy occurs or from the state at large, as the case may be, and the person appointed to fill the vacancy shall serve for the remainder of the term to which such person was appointed.  Members of the board shall be honorably discharged or released veterans of any war or police action in which the Armed Forces of the United States have been, are, or shall be committed for action.  No state/department commander of any federally recognized veterans organization, no national officer of any federally recognized veterans organization and no member of the Mississippi Council of Veterans Organizations shall be eligible for appointment to the board until the expiration of a period of three (3) years after the termination of their service in such disqualifying positions.

     (2)  Members of the board shall annually elect as chairman one of their * * * number members and another member as vice chairman.  Members of the board shall hold regular monthly meetings and such other meetings as may be called by the chairman or the vice chairman in his absence.

     (3)  Beginning July 1, 2019, any reference in this code to the State Veterans Affairs Board shall also mean the Mississippi Veterans Affairs.

     (4)  From and after July 1, 2024, all funds, staff, assets and/or liabilities of the Veterans' Home Purchase Board before July 1, 2024, under Section 35-7-1, et seq., shall be under the control of and shall be the responsibility of the State Veterans Affairs Board.

     (5)  From and after July 1, 2024, the State Veterans Board Affairs shall be vested with all power to perform duties, functions and activities performed by the Veterans Home Purchase Board before July 1, 2024, under Section 35-7-1, et seq.

     SECTION 2.  Section 35-1-3, Mississippi Code of 1972, is amended as follows:

     35-1-3.  The State Veterans Affairs Board shall appoint, to serve at the will and pleasure of the board, an executive director, (who shall also serve as Executive Secretary of the State Veterans Affairs Board), a deputy director, individuals to manage each of the agency's major functional areas, including all matters that were the responsibility of the Veterans' Home Purchase Board before July 1, 2024, and individuals to manage each of the state veterans homes.  The executive director and deputy director shall be a currently serving member or honorably discharged or honorably released veteran of any active or reserve component branch of the Armed Forces of the United States.  The board may establish additional minimum qualifications for agency positions.

     SECTION 3.  Section 35-1-7, Mississippi Code of 1972, is brought forward as follows:

     35-1-7.  (1)  The duties of the State Veterans Affairs Board shall be to assist former and present members of the Armed Forces of the United States, and their dependents, in securing any benefits or privileges under any federal or state law or regulation to which they are entitled and to advise the Governor and Legislature on veterans affairs.  Moreover, veterans or their dependents shall be given their choice of organizations to represent them in instances where a case is appealed, and the board shall lend its full cooperation in connection therewith.

     (2)  The board and its employees shall cooperate fully with all congressionally chartered veterans organizations within the state, including servicing the power of attorney of the congressionally chartered veterans organizations upon the request of the organizations to the State Veterans Affairs Board in the prosecution of all claims on behalf of veterans.  However, all powers of attorney to the State Veterans Affairs Board shall be processed first, and thereafter, powers of attorney shall be processed for veterans organizations in the ratio that the membership of the organization bears to the total number of veterans residing in Mississippi.

     (3)  The State Veterans Affairs Board is designated as the "state approving agency" for the State of Mississippi.  It shall be the duty of the State Veterans Affairs Board to inspect, approve and supervise schools, institutions and establishments for war orphan and veteran training as provided in Section 1771, Chapter 35, Title 38, United States Code, and in any subsequent acts passed by the Congress of the United States for the purpose of education and training of war orphans or former and present members of the Armed Forces of the United States.  The State Veterans Affairs Board is authorized to employ the needed personnel to perform the duties as outlined in Section 1771, Chapter 35, Title 38, United States Code, and in any subsequent acts as enacted by the Congress of the United States, and to enter into contract with the Department of Veterans Affairs for salary and travel reimbursement for personnel employed for this purpose.

     (4)  The State Veterans Affairs Board shall operate all Mississippi state veterans homes when established as authorized by Sections 35-1-19 through 35-1-29.

     (5)  The powers of the State Veterans Affairs Board in relation to operating the State Veterans Homes shall specifically include, but not be limited to, the following authority:

          (a)  To expend, upon appropriation by the Legislature, any revenue generated by the State Veterans Homes in support of the State Veterans Homes;

          (b)  To enter into loan or scholarship agreements with employees or students to provide educational assistance where such student or employee agrees to work for a stipulated period of time for the board.  Under this agreement the employee will agree to commit to up to three (3) years but no less than one (1) year, to be determined by the employment position and the amount of student debt; provided, however, no State General Fund monies shall be used for such purposes and the majority of funds for such purposes shall be provided through programs established by the Mississippi Department of Health, the United States Department of Health and Human Services, and the United States Department of Veterans Affairs; and

          (c)  To sell or otherwise dispose of any chattel property of the State Veterans Affairs Board used in operation of the State Veterans Homes where such disposition is consistent with the homes' purposes or where such property is deemed by the board or its designee to be surplus or otherwise unneeded.  The State Veterans Affairs Board shall develop and submit an annual report to the Legislature on any such sale or disposition and shall ensure that the proceeds shall be used to defray the operation of the State Veterans Homes.

     (6)  The State Veterans Affairs Board is authorized to adopt such policies and to prescribe such rules and regulations as it may deem necessary for the proper administration of this chapter. However, such policies and regulations shall not be in conflict with any of the provisions of this chapter.

     SECTION 4.  Section 35-7-5, Mississippi Code of 1972, is amended as follows:

     35-7-5.  When used in this chapter, the word or term:

          (a)  "Veterans" includes:

               (i)  Any person who, upon presentation of his United States armed services record is eligible for a certificate of eligibility for a home loan guaranty from the United States Veterans' Administration.

              (ii)  Unremarried surviving spouses of the above-described eligible persons who died as the result of service or service-connected injuries.  The unremarried spouse of any eligible veteran who has not purchased a home since the veteran's death shall be eligible for the benefits of this chapter, except that the benefits of a Veterans' Administration guaranteed loan will not be available.

              (iii)  The spouse of any member of the Armed Forces serving on active duty who is listed as missing in action, or is a prisoner of war, and has been so listed for a total of more than ninety (90) days.

     Any such person shall have been discharged under conditions other than dishonorable from the branch of service in which he or she served, shall have been a bona fide resident of the United States of America at the time of his or her enlistment, induction, commission or drafting, and shall have lived in this state for two (2) years immediately preceding entry to extended active duty or the filing of the purchase application, or have married a person who has been a legal resident of this state for at least two (2) consecutive years immediately preceding the marriage and application.

     The veteran must obtain a certificate of eligibility for home loan guaranty from the Veterans' Administration and present both an original certificate and a record of service or original discharge (DD 214) to the board.

          (b)  "Applicant" is a person meeting the criteria of "veteran" who has made written application to the board in the format prescribed by the board.

          (c)  "Mortgagor" is the person described as "applicant" who has subsequently executed a deed of trust on real property to the board, and may otherwise be described as "owner" or title holder.

          (d)  "Board" means the Veterans' Home Purchase Board of the State of Mississippi.  From and after July 1, 2024, the term "board" means the State Veterans Affairs Board created in Section 35-1-1.

          (e)  "Home" means a parcel of real estate upon which there is a single family dwelling house and such other buildings as will, in the opinion of the board, suit the needs of the purchaser and his dependents as a place of abode.

     SECTION 5.  Section 35-7-7, Mississippi Code of 1972, is amended as follows:

     35-7-7.  The administration of the provisions hereof is vested in * * *a Veterans' Home Purchase Board consisting of six (6) members who shall be appointed, or reappointed, by the Governor, with the advice and consent of the Senate the State Veterans Affairs Board.  * * *Members appointed to the board shall be veterans of either World War II, the Korean Conflict, the Southeast Asia Conflict, the Persian Gulf Conflict or have served in active duty for at least one hundred eighty (180) days during a time of war or a conflict in which a campaign ribbon or medal was issued and shall possess a background in business, banking, real estate or the legal profession which enables them to carry out the duties of the board.  No state/department commander of any federally recognized veterans organization, no national officer of any federally recognized veterans organization and no member of the Mississippi Council of Veterans Organizations shall be eligible for appointment to the board until the expiration of a period of three (3) years after the termination of his service in such disqualifying positions.  Appointments shall be staggered, with each Governor appointing or reappointing two (2) members in the first year of his administration * * *;, one (1) member in the second year, two (2) members in the third year, and one (1) member in the fourth year.  Appointments for terms that expire in 1988 shall be made as follows:  one (1) shall be made for a term ending on July 1, 1989; one (1) shall be made for a term ending on July 1, 1991; and two (2) shall be made for a term ending on July 1, 1992.  Persons appointed to succeed the two (2) members whose terms expired in 1986, or any such member holding over after 1986 because no successor was appointed, shall serve until July 1, 1990.  After the expiration of the foregoing terms, all appointments shall be for a term of four (4) years from the expiration date of the previous term.  From and after July 1, 1988, one (1) appointee shall be selected from each of the five (5) congressional districts of this state as such districts are composed on May 1, 1987, and one (1) appointee shall be selected from the state at large.  Any vacancy occurring during a term shall be filled by appointment of a member for the unexpired portion of the term.  The Veterans' Home Purchase Board is abolished and the terms of the members of the Veterans' Home Purchase Board serving before July 1, 2024, are terminated effective July 1, 2024.

 * * *The board is hereby authorized and empowered to make and promulgate such reasonable rules and regulations under this chapter as it shall deem to be necessary or advisable and to enforce the same.  The board shall have authority to render the final decision on the purchase application process, approval of purchases, funding of purchase commitments, servicing loans and default, property security, management, resale, release from security, and all other matters relating to the purchases and loans made under this law.  The board shall likewise, by an order spread on its minutes, elect a chairman and vice chairman to serve for one‑year terms, and all such officers are eligible to succeed themselves in such offices.  The chairman may appoint a three‑member loan committee from the membership of the board and shall specify the conditions, responsibilities and authority of such committee.

Each member of the board and his successor shall be reimbursed all of his actual and necessary traveling and other expenses incurred in the attendance of the meetings of the board or in the performance of other duties in connection with the business of the board as provided for state officers and employees in Section 25‑3‑41, and shall be allowed a per diem as provided in Section 25‑3‑69 for such attendance; provided that the number of days per diem shall not exceed sixty‑six (66) days for the chairman and fifty (50) days for other members of the board during any one (1) fiscal year.  The above limitation of days per year shall not apply to board members appointed on a full‑time basis to the loan committee.

The director, or other executive officer employed by the board, shall execute a surety bond in the sum of One Hundred Thousand Dollars ($100,000.00), conditioned upon the faithful performance of his duties and upon his accounting for all monies coming into his hands; and each employee handling funds shall execute a like bond in the sum of Fifteen Thousand Dollars ($15,000.00), and the premiums thereon shall be paid from the funds provided for administering this chapter.

The board may designate one (1) of its employees as the acting director or executive officer by a vote of the majority of the members of the board, officially recorded in the minutes of a regular or special meeting, and such acting director shall be vested with all the authority conferred upon the director by the provisions of this chapter; but such acting director may not serve for a continuous period of time in excess of six (6) months, and the acting director, when so designated, will be required to furnish surety bond in the same amount and under the same conditions as the director.  The purpose of this provision is to designate an executive officer during any temporary illness, absence or incapacity of the regularly designated director.

The board may designate one (1) of its employees by a vote of the majority of the members of the board, officially recorded in the minutes of a regular or special meeting, to be authorized to sign a Deed of Conveyance or other closing documents necessary as to not delay the closing or settlement of a home purchase during the absence or unavailability of the director.

The board may select and employ such expert, technical and clerical assistance as in its judgment may be necessary in the proper administration of said board and fix the salaries of such employees.

The board is empowered to employ auditors and accountants to examine the books, accounts and records of the board if it so desires, and the board is also authorized to employ legal counsel if it deems such a course necessary in the proper administration of its affairs.

     From and after July 1, 2024, all funds, staff, assets and/or liabilities of the Veterans' Home Purchase Board under this chapter before July 1, 2024, shall be under the control of and shall be the responsibility of the State Veterans Affairs Board.

     SECTION 6.  Section 35-7-11, Mississippi Code of 1972, is brought forward as follows:

     35-7-11.  The board is hereby authorized to establish offices and employ an adequate staff to serve the citizens of Mississippi as it deems necessary; and the expenses of such offices shall be included within the administrative cost limitation prescribed in Section 35-7-9.  The board may utilize the services of county veterans service officers and other such persons in contact with the veteran community to advise and assist the board; however, such persons assisting shall not be employees nor officially represent the board, and shall perform their services without cost to the board.

     SECTION 7.  This act shall take effect and be in force from and after July 1, 2024.

---