Senate Bill No. 778
(By Senators Hunter, Wells, Bailey and Boley)
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[Originating in the Committee on Military;
reported February 20, 2008.]
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A BILL to amend and reenact §9A-1-10 of the Code of West Virginia,
1931, as amended, relating to describing the powers and duties
of the director; providing for the hiring of case managers and
counselors; providing for a program to advise veterans of
available benefits and services; and developing an internet
website.
Be it enacted by the Legislature of West Virginia:
That §9A-1-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9A. DIVISION OF VETERANS' AFFAIRS.
§9A-1-10. Powers and duties of director.
The director shall be the executive and administrative head of
the division and as such shall have the power and duty, subject to
the provisions of section four hereof, to:
(a) Supervise and put into effect the purposes and provisions
of this article and the rules and regulations for the government of
the division;
(b) Prescribe methods pertaining to investigations and reinvestigations of all claims and to the rights and interests of
all veterans, their widows, dependents and orphans;
(c) Prescribe uniform methods of keeping all records and case
records of the veterans, their widows, dependents and orphans;
(d) Sign and execute, in the name of the state by West
Virginia Division of Veterans' Affairs, and by and with the consent
of the Veterans' Council, any contract or agreement with the
federal government or its agencies, other states, subdivisions of
this state, corporations, associations, partnerships or
individuals;
(e) Supervise the fiscal affairs and responsibilities of the
division;
(f) Organize the division to comply with the requirements of
this article and with the standards required by any federal act or
any federal agency;
(g) Establish such regional or area offices throughout the
state as may be necessary to promote efficiency and economy in
administration;
(h) Make such reports as will comply with the requirements of
any federal act or federal agency and the provisions of this
article;
(i) Cooperate with the federal and state governments for the
more effective attainment of the purposes of this article;
(j) Keep a complete and accurate record of all proceedings;
record and file all contracts and agreements and assume
responsibility for the custody and preservation of all papers and documents pertaining to his or her office and the division;
(k) Prepare for the Veterans' Council the annual reports to
the Governor of the condition, operation and functioning of the
division;
(l) Exercise any other powers necessary and proper to
standardize the work; to expedite the service and business; to
assure fair consideration of the rights and interests and claims of
veterans, their widows, dependents and orphans; and
to provide
resources for a program which will promote a greater outreach to
veterans and which will advise them of the benefits and services
that are available and to promote the efficiency of the division;
(m) Invoke any legal, equitable or special remedies for the
enforcement of his
or her orders or the provisions of this article;
(n) Appoint the veterans' affairs officers and heads of
divisions of the division, and of regional or area offices, and
employ
such assistants and employees,
including case managers and
counselors, as may be necessary for the efficient operation of the
division;
and
(o)
Provide resources and assistance in the development of an
internet website which is to be used to inform veterans of
programs and services available to them through the division and
the state and federal governments; and
(o) (p) Delegate to all or any of his
or her appointees,
assistants or employees all powers and duties vested in the
director, except the power to sign and execute contracts and
agreements, but the director shall be responsible for the acts of such appointees, assistants and employees.
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(NOTE: The purpose of this bill is to provide for greater
outreach to veterans to advise them of benefits and services
available to them and to provide for the hiring of case managers
and counselors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)