State Veterans Affairs Board

Miss. Code Ann. tit. 35, ch. 1
in effect

Miss. Code Ann. § 35-1-1 Creation of State Veterans Affairs Board; composition; qualifications, appointment and terms of office of members; officers; meetings.

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. 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. Members of the board shall annually elect as chairman one of their number 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. Beginning July 1, 2019, any reference in this code to the State Veterans Affairs Board shall also mean the Mississippi Veterans Affairs.

Miss. Code Ann. § 35-1-3 Appointment of executive director, deputy director, managers of major functional areas, and managers of state veterans homes.

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 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.

Miss. Code Ann. § 35-1-5 Compensation of members of board and staff.

The members of the State Veterans Affairs Board shall receive no salary but shall be entitled to a per diem allowance in the amount provided in Section 25-3-69 while in attendance at any regular or called meeting of the board or while in the performance of other official duties in connection with the work of the board as authorized or directed by the board. The members of the board shall receive, in addition thereto, actual and necessary expenses as provided by law in the performance of such duties. The compensation of all employees of the board, including the executive director, deputy director and division directors, shall be paid from such monies as the Legislature shall from time to time appropriate.

Miss. Code Ann. § 35-1-7 General duties and powers of board.

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. 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 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. 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. 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.

Miss. Code Ann. § 35-1-9 Cooperation by county welfare departments.

In addition to all other duties now or hereafter imposed by law, it shall be the duty of the county departments of public welfare, to cooperate with the state veterans affairs board, and to aid all residents of the State of Mississippi who served in the military or naval forces of the United States during any war or police action in which the armed forces of the United States have been, are, or shall be committed for action, their relatives, beneficiaries or dependents, in receiving from the United States any and all compensations, hospitalization, insurance, other aid or benefits to which they may be entitled under existing or hereafter enacted laws of the United States. This section shall not be held to repeal any existing law relative to the duties of such county departments, but shall be supplemental and cumulative thereto.

Miss. Code Ann. § 35-1-11 Repealed.

Repealed by Laws, 1980, ch. 338, eff from and after July 1, 1980. [Codes, 1942, § 7486-04; Laws, 1948, ch. 504, § 4; Laws, 1952, ch. 314, § 4]

Miss. Code Ann. § 35-1-13 Seal of board.

The executive director appointed by the State Veterans Affairs Board shall have a seal which shall be in the form of a circle with the image of an eagle in the center and around the margin the words: “State Veterans Affairs Board State of Mississippi,” and under the image of the eagle the word: “Official.” The executive director, deputy director, division directors and state veterans service officers shall affix the seal prescribed by this section to every document where the same is required by law, and to every certificate and other official paper executed by them where necessary or proper. All documents authenticated with the seal and signed by the executive director, deputy director, a division director or a state veteran service officer shall be recognized as properly attested to in the same manner as if authenticated by notaries public, summary court officials and others authorized by law to take acknowledgments. All copies of papers, copied or certified to by the executive director, deputy director, a division director or a state veterans service officer and authenticated by the seal, shall be accepted in all matters equally in like manner as the original.

Miss. Code Ann. § 35-1-15 Notarial powers of employees.

The executive director appointed by the State Veterans Affairs Board, the deputy director, division director and state veterans service officers shall have power to administer oaths and affirmations and to take acknowledgments anywhere within the State of Mississippi under the board’s seal of office and to perform all other duties required of notaries public.

Miss. Code Ann. § 35-1-17 Office.

The Department of Finance and Administration shall furnish suitable office space for the board and its employees.

Miss. Code Ann. § 35-1-19 Establishment of Mississippi State Veterans Home; establishment of other veterans homes.

There is hereby authorized to be established by the State Veterans Affairs Board, the Mississippi State Veterans Home on a site to be determined by the State Veterans Affairs Board, with the approval of the Bureau of Building, Grounds and Real Property Management of the Governor’s Office of General Services, when funds are made available for such purpose by any agency of the federal government or other sources. The object and purpose of the establishment of the Mississippi State Veterans Home shall be to provide domiciliary care and other related services for eligible veterans of the State of Mississippi. One or more additional veterans homes or domiciliaries are hereby authorized to be established by the State Veterans Affairs Board on sites in northern, central or southern Mississippi, to be determined by the State Veterans Affairs Board, with the approval of the Department of Finance and Administration, when funds are made available for such purpose by any agency of the federal government or other sources. The Veterans Affairs Board shall give the three (3) regions, northern, southern and central priority as to where the veterans home shall be located, with the northern region having first priority, the southern region having the next level priority and the central region being third in order of priority. The object and purpose of the establishment of such additional homes or domiciliaries shall be to provide domiciliary care and other related services for eligible veterans of the State of Mississippi. The State Veterans Affairs Board shall not be required to obtain certificates of need to carry out the intent and purpose of this section.

Miss. Code Ann. § 35-1-21 Governing authority; operation and maintenance; purchase of services, commodities, etc., from federal government; State Veterans Affairs Board authorized to operate and maintain state veterans homes without contracting for management purposes with any nongovernmental entity or United States Department of Veterans Affairs; board authorized to hire administrators and other personnel; State Department of Health to conduct certification survey of veterans home in Collins.

Upon the establishment of the Mississippi State Veterans Home, and any additional homes as may be established, the Mississippi State Veterans Affairs Board is hereby designated as the governing authority of any such facilities. The operation and maintenance of all veterans homes shall meet the standards of the United States Department of Veterans Affairs with regard to the operation of state veterans homes. The State Veterans Affairs Board may contract with nongovernmental entities or the United States Department of Veterans Affairs to operate and provide services to state veterans homes. The board may contract with the vendor whose proposal is most advantageous to the state and veterans, taking into consideration cost factors, program suitability factors, management plan, delivery of care and service to residents, excellence of program design, key personnel, corporate or company resources, financial condition of the vendor, corporate experience and past performance, and any other requirements deemed necessary by the board and expressed in its solicitation for proposals. Contract(s) awarded under this section may be for periods exceeding one (1) year. The board is not required to select the vendor offering the lowest cost proposal, but shall select the vendor who, in the board’s discretion, offers the proposal most advantageous to the State of Mississippi and veterans. When any contract is awarded, the reason(s) for the awarding of the contract shall be entered on the minutes of the board. The provisions of this paragraph shall supersede any rule or regulation of the Public Procurement Review Board to the contrary. The State Veterans Affairs Board may, as permitted by federal laws or regulations, purchase from the United States Department of Veterans Affairs, from contracts established by the United States Department of Veterans Affairs, or through other sharing agreements between the board and the United States Department of Veterans Affairs, services, commodities, supplies and equipment for use in operation of, and provision of care to residents of, the state veterans homes when such purchases or agreements are advantageous to the veterans and the state. The State Veterans Affairs Board may operate and maintain the state veterans homes without entering into any contract for management purposes with any nongovernmental entity or the United States Department of Veterans Affairs to operate the homes. In such instances, the State Veterans Affairs Board shall be solely responsible for the operation and maintenance of the state veterans homes and shall hire the administrators and all other personnel for the veterans homes. The mission of the State Veterans Affairs Board in managing the state veterans homes shall be to provide domiciliary care and other related services for eligible veterans in the most cost efficient manner. The State Department of Health shall perform an initial certification survey of the State Veterans Home in Collins, Mississippi, on or about July 1, 2000. The purpose of this initial survey is to provide a baseline for measuring the quality of care during the period for which this section applies. In addition to the initial certification survey, the State Department of Health shall, as appropriate and in its discretion, conduct periodic follow-up certification surveys, during the period for which this section applies, of the State Veterans Home in Collins, Mississippi.

Miss. Code Ann. § 35-1-23 Acceptance and use of federal funds.

The Mississippi State Veterans Home and additional homes authorized by Section 35-1-7 and Sections 35-1-19 through 35-1-29 are authorized to accept funds from any source whatever, including the federal government or any department or agency thereof. All such funds received by the veterans home including funds from the United States or any federal agency or program for the support of persons housed or buried on the grounds of the Mississippi State Veterans Home and additional homes shall be used by the State Veterans Affairs Board to pay maintenance, operational and administrative expenses and to further the object and purpose of the Mississippi State Veterans Home and additional homes.

Miss. Code Ann. § 35-1-25 Determination of staffing needs; purchasing of equipment.

It shall be the duty of the Mississippi State Veterans Affairs Board to determine the need and, within available funds for such purpose, to provide adequate staffing to operate the Mississippi State Veterans Home and such additional homes as may be constructed. The board is authorized, within available funds for such purpose, to purchase such equipment as necessary to facilitate the establishment and operation of the veterans homes.

Miss. Code Ann. § 35-1-27 Standards for admissions and dismissals; rules and regulations; funds paid by state veterans homes residents for their monthly expenses at veterans homes to be considered special funds held in fiduciary capacity for their benefit.

The Mississippi Veterans Affairs Board shall determine and set conditions and standards for admission and dismissal of all persons to and from the Mississippi State Veterans Home and such additional homes as may be constructed. In addition, the board shall promulgate such rules and regulations as it deems necessary for the government of the Mississippi State Veterans Home and such additional homes as may be constructed. Such rules and regulations shall include the establishment of rates for patient care within the patient’s ability to pay. All funds paid to the board by the veteran residents of state veterans homes to fund their monthly expenses at the state veterans homes shall be considered to be special funds held in a fiduciary capacity for the benefit of the residents of the state veterans homes.

Miss. Code Ann. § 35-1-29 Acceptance and use of gifts and donations.

The Mississippi State Veterans Affairs Board is empowered to receive and accept gifts or donations, or both, for the benefit of the Mississippi State Veterans Home and such additional homes as may be constructed, and the same shall be used for carrying out the object and purpose of the veterans homes.

Miss. Code Ann. § 35-1-31 Mississippi State Veterans’ Home in Jackson designated as “The General Hilton R. ‘Jack’ Vance Mississippi State Veterans’ Home.”

The Mississippi State Veterans’ Home located in Jackson, Mississippi, shall be renamed the General Hilton R. “Jack” Vance Mississippi State Veterans’ Home. The State Veterans’ Affairs Board shall prepare a distinctive plaque, to be placed in a prominent place within the General Hilton R. “Jack” Vance Mississippi State Veterans’ Home, which states the background, accomplishments and service to the state of General Hilton R. “Jack” Vance.

Miss. Code Ann. § 35-1-32 Mississippi State Veterans’ Home in Kosciusko, Mississippi, designated as the “Brigadier General Martha Jo Leslie Mississippi State Veterans’ Home.

The Mississippi State Veterans’ Home located in Kosciusko, Mississippi, shall be renamed the “Brigadier General Martha Jo Leslie Mississippi State Veterans’ Home.” The State Veterans’ Affairs Board shall prepare a distinctive plaque, to be placed in a prominent place within the Brigadier General Martha Jo Leslie Mississippi State Veterans’ Home, which states the background, accomplishments and service to the state of Brigadier General Martha Jo Leslie.

Miss. Code Ann. § 35-1-33 Repealed.

Repealed by Laws of 2010, ch. 306, § 1, effective from and after passage, (approved February 24, 2010.) § 35-1-33 . [Laws, 2008, ch. 361, § 1, eff from and after passage (approved Mar. 31, 2008.)] Editor’s Notes — Former § 35-1-33 established the amount of contribution required to be paid by veteran residents of state veterans homes.

Miss. Code Ann. § 35-1-41 Establishment, operation and maintenance of the Mississippi Veterans Memorial Cemetery; authorization to establish additional veterans cemeteries; eligibility for burial; administration; applications for burial; receipt of federal aid; Mississippi Veterans Cemetery Fund.

The State Veterans Affairs Board is authorized to establish, operate and maintain a Mississippi veterans cemetery in this state, which shall be known as the “Mississippi Veterans Memorial Cemetery.” The State Veterans Affairs Board is authorized to establish, operate and maintain additional veterans cemeteries in this state. The State Veterans Affairs Board has the primary responsibility for verifying eligibility for interment in the veterans cemeteries. Eligibility criteria for interment in the cemeteries is the same as required for interment in a national cemetery as provided by federal law and rules and regulations applicable thereto. The cemeteries shall be under the control and administration of the State Veterans Affairs Board. Applications for interment in the cemeteries shall be processed in accordance with rules and regulations promulgated by the State Veterans Affairs Board. The State Veterans Affairs Board is designated as the agency of this state to receive federal aid under Title 38 USCS, as amended, and is authorized to receive funds from the United States Department of Veterans Affairs or any other agency of the United States authorized to grant or expend funds to assist a state in establishing, operating and maintaining veterans cemeteries. The board is authorized to receive gifts, contributions, bequests and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. All funds received by the board pursuant to this subsection shall be deposited into a special fund, hereby created and known as the “Mississippi Veterans Cemetery Fund,” and shall be expended to establish, operate and maintain veterans cemeteries in this state. The State Veterans Affairs Board is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this section.

Miss. Code Ann. § 35-1-43 Establishment, operation and maintenance of Mississippi Persian Gulf War Memorial; purpose of memorial; Mississippi Persian Gulf War Memorial Fund.

The State Veterans Affairs Board may establish, operate and maintain a Mississippi Persian Gulf War Memorial on the grounds of the Mississippi Veterans Memorial Cemetery in Newton County, Mississippi. The purpose of the memorial is to honor and commemorate the sacrifices and service of United States Armed Forces personnel from Mississippi who have served or will serve in the Persian Gulf War between August 2, 1990, and the date on which the conflict is declared to be over, as established by law or presidential proclamation. The State Veterans Affairs Board is designated the agency of this state to receive any aid or funds from any source for the purpose of establishing, operating and maintaining the Persian Gulf War Memorial. The board may receive gifts, contributions, bequests and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. There is created in the State Treasury a special fund to be known as the “Mississippi Persian Gulf War Memorial Fund.” All funds received by the board under subsection (2) must be deposited into the special fund and expended by the board to establish, operate and maintain the Mississippi Persian Gulf War Memorial.

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