House Bill 978

(As Passed the House)

AN ACT TO AMEND SECTION 35-1-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE VETERANS AFFAIRS BOARD SHALL HAVE THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE OF A CLAIM THROUGH POWER OF ATTORNEY ON BEHALF OF A VETERAN IN ORDER TO PROCESS THE CLAIM; TO PROVIDE THAT IF THE APPEAL TIME IS LESS THAN THIRTY DAYS THE STATE VETERANS AFFAIRS BOARD MAY ONLY ADVISE THE VETERAN WITH THE CLAIM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 35-1-7, Mississippi Code of 1972, is amended 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. The State Veterans Affairs Board shall have thirty (30) days after receiving written notice of a claim through power of attorney in order to process the claim. If the appeal time is less than thirty (30) days the State Veterans Affairs Board may only advise the veteran with the claim.

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