Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
  State of Arkansas
  92nd General Assembly                        A Bill
  Regular Session, 2019                                                             HOUSE BILL 1071
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  By: Representative A. Davis
  By: Senator Hester
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                                    For An Act To Be Entitled
                 AN ACT TO CREATE THE TRANSFORMATION AND EFFICIENCIES
                ACT OF 2019; TO ESTABLISH CABINET-LEVEL DEPARTMENTS;
                TO ESTABLISH THE CABINET-LEVEL DEPARTMENT OF VETERAN
                AFFAIRS; TO TRANSFER STATE ENTITIES; TO DECLARE AN
                EMERGENCY; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO CREATE THE TRANSFORMATION AND
                         EFFICIENCIES ACT OF 2019; TO ESTABLISH
                         CABINET-LEVEL DEPARTMENTS; TO ESTABLISH
                         THE CABINET-LEVEL DEPARTMENT OF VETERAN
                         AFFAIRS; TO TRANSFER STATE ENTITIES; AND
                         TO DECLARE AN EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       Arkansas Code Title 25, Chapter 43, is amended to add an
 additional subchapter to read as follows:
                      Subchapter 16  Department of Veteran Affairs
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        25-43-1601.       Department of Veteran Affairs  Creation.
        There is created the Department of Veteran Affairs as a cabinet-level
 department.
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        25-43-1602.       State entities transferred to the Department of Veteran
 Affairs.
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        (a)    The administrative functions of the following state entities are
  transferred to the Department of Veteran Affairs pursuant to a cabinet-level
  department transfer:
                (1)   Arkansas Veterans' Child Welfare Service, created under 
  20-81-101;
                (2)   Arkansas Veterans' Commission, created under  20-81-104;
                (3)   County veterans' service officer program, created under 
  20-81-106;
                (4)   State veterans' cemetery system, created under  20-81-112;
 and
               (5)   Veterans' Homes, established under  20-81-105.
       (b)    Each entity transferred shall retain its specified statutory
 duties.
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       25-43-1603.    Powers and duties of the Department of Veteran Affairs.
       (a)    The Department of Veteran Affairs shall:
               (1)   Supervise the operation of the Veterans' Homes;
               (2)   Supervise the activities, training, and testing of the
 county veterans' service officers located throughout the State of Arkansas;
 and
               (3)   Perform all administrative functions for the state entities
 under the administration of the department.
       (b)    The department is authorized to develop and promulgate all rules
 necessary for the enforcement and implementation of the provisions of this
 act and all applicable federal rules and regulations.
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       25-43-1604.    Secretary of the Department of Veteran Affairs.
       (a)    The Governor may appoint a qualified Secretary of the Department
 of Veteran Affairs who has:
               (1)   Served in the United States Armed Forces during a period of
 conflict as defined by the United States Congress;
               (2)   Been honorably discharged from the United States Armed
 Forces; and
               (3)   Been a resident of the State of Arkansas for two (2) years
 preceding his or her appointment.
       (b)    The secretary shall promote and supervise the dissemination of
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  available information concerning the rights of veterans and their dependents.
          (c)   The secretary may establish, maintain, and operate district
  offices within the State of Arkansas as may be necessary.
          (d)   The secretary may employ other employees, full-time or part-time,
  as may be determined necessary, within the limits of the funds appropriated
  for that purpose.
          (e)(1) An employee under the supervision of the department shall not
  accept, receive, or charge any money, article, or thing of value for the
  performance of any service rendered to any veteran or his or her dependents
 at any time or in any manner.
                (2)   Any person who violates the provisions of this subsection is
 guilty of a misdemeanor and upon conviction shall be fined not less than
 fifty dollars ($50.00) nor more than five hundred dollars ($500) or
 imprisoned not less than thirty (30) days nor more than six (6) months, or
 both.
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         25-43-1605.    Veteran claim specialist.
         (a)   The Secretary of the Department of Veteran Affairs may employ
 veteran claim specialists, full-time or part-time, as may be determined
 necessary, within the limits of the funds appropriated for that purpose.
         (b)(1)   A veteran claim specialist shall have served in the United
 States Armed Forces and shall have been honorably discharged from the United
 States Armed Forces.
                (2)   All veteran claim specialists of the Department of Veteran
 Affairs shall have knowledge of all laws, both federal and state, relating to
 the rights and benefits of all veterans and their dependents and shall aid
 and assist all veterans and their dependents in securing their rights and
 benefits.
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         SECTION 2.    Arkansas Code  11-15-105 is amended to read as follows:
         11-15-105.    Verification of eligibility.
         The Department of Veterans Veteran Affairs and the Department Division
 of Workforce Services shall assist a private employer or a local government
 employer in determining if an applicant or employee is a veteran, spouse of a
 disabled veteran, or surviving spouse of a veteran.
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        SECTION 3.   Arkansas Code  19-6-813(c), concerning the Military
  Funeral Honors Fund, is amended to read as follows:
        (c)   The fund shall be used by the Department of Veterans Veteran
  Affairs to assist with the cost of providing military funeral honors at
  veterans' funerals.
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        SECTION 4.   Arkansas Code  20-8-702(b)(1)(C), concerning the creation
  and membership of the Palliative Care and Quality of Life Interdisciplinary
  Task Force, is amended to read as follows:
                    (C)   One (1) member who is a designee of the Department of
 Veterans Veteran Affairs;
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       SECTION 5.   Arkansas Code  20-17-703(b), concerning the notice to
 medical schools of an unclaimed body, is amended to read as follows:
       (b)   For the purpose of notifying a medical school of its availability,
 unclaimed body means a human body in the possession, charge, or control of
 the persons named in subsection (a) of this section for a period not to
 exceed forty-eight (48) hours, during which time a relative, next of kin,
 friend, representative of a fraternal society of which the deceased was a
 member, veterans service organization as defined in the Missing in America
 Project Act,  20-17-1401 et seq., the Department of Veterans Veteran
 Affairs, the United States Department of Veterans Affairs, or a
 representative of a charitable or religious group may claim the body for
 burial purposes.
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       SECTION 6.   Arkansas Code  20-17-707(b), concerning the holding period
 for a medical school regarding an unclaimed body, is amended to read as
 follows:
       (b)   During this time a relative, next of kin, friend, a representative
 of a fraternal society of which the deceased was a member, a veterans service
 organization as defined in the Missing in America Project Act,  20-17-1401
 et seq., the Department of Veterans Veteran Affairs, the United States
 Department of Veterans Affairs, or a representative of a charitable or
 religious group may claim the body for burial at his or her or its expense as
 stated in  20-17-706(a)-(c).
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       SECTION 7.     Arkansas Code  20-18-306(b)(1), concerning fees for
  certified copies of vital records, is amended to read as follows:
       (b)(1)    However, certified copies of the records shall be furnished to
  veterans or their dependents without costs when the Department of Veterans
  Veteran Affairs requires certified copies of the records.
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       SECTION 8.     Arkansas Code  20-81-101(a)(2) and (3), concerning the
  Arkansas Veterans' Child Welfare Service, are amended to read as follows:
                (2)   The Arkansas Veterans Child Welfare Service shall be under
 the direction of a director to be named by the Governor Secretary of the
 Department of Veteran Affairs upon written recommendation by the governing
 body of the American Legion Department of Arkansas American Legion -
 Department of Arkansas Foundation, Inc.
               (3)   The Director of the Arkansas Veterans' Child Welfare Service
 shall serve at the pleasure of the Governor secretary.
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      SECTION 9.     Arkansas Code  20-81-102 is repealed.
      20-81-102.     Department of Veterans Affairs  Creation  Powers and
 duties.
      (a)     There is created the Department of Veterans Affairs.
      (b)     The department shall:
               (1)   Supervise the operation of the Veterans' Home; and
               (2)   Supervise the activities, training, and testing of the
 County Veterans' Service officers located throughout the State of Arkansas.
      (c)     The department is authorized to develop and promulgate all rules
 and regulations necessary for the enforcement and implementation of the
 provisions of this act and all applicable federal rules and regulations.
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      SECTION 10.     Arkansas Code  20-81-103 is repealed.
      20-81-103.     Department of Veterans Affairs  Appointment of director 
 Employees.
      (a)     The Governor is authorized to appoint a qualified Director of the
 Department of Veterans Affairs who shall have served in the United States
 Armed Forces during armed conflict as set forth by the United States
 Congress, who has been honorably discharged therefrom, and who shall have
 been a resident of the State of Arkansas for two (2) years preceding his or
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  her appointment.
        (b)   The director shall promote and supervise the dissemination of all
  available information concerning the rights of all veterans and their
  dependents.
        (c)   The director may establish, maintain, and operate district offices
  within the State of Arkansas as may be necessary.
        (d)   The director is authorized to employ an assistant director and
  such other employees, full-time or part-time, as may be determined necessary,
  subject to approval of the Governor and within the limits of the funds
 appropriated therefor.
       (e)(1)   A veterans' claims specialist shall have served in the United
 States Armed Forces and shall have been honorably discharged therefrom.
               (2)   All veterans' claims specialists of the Department of
 Veterans Affairs shall familiarize themselves with all laws, both federal and
 state, relating to rights and benefits of all veterans and their dependents
 and shall aid and assist all veterans and their dependents in securing their
 rights and benefits.
       (f)(1)   All employees under the supervision of the department shall not
 for themselves accept, receive, or charge any money, article, or thing of
 value for the performing of any service rendered to any veteran or his or her
 dependents at any time or in any manner.
               (2)   Any person who shall violate the provisions of this
 subsection shall be deemed guilty of a misdemeanor and upon conviction shall
 be fined not less than fifty dollars ($50.00) nor more than five hundred
 dollars ($500), or imprisoned not less than thirty (30) days nor more than
 six (6) months, or both.
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       SECTION 11.    Arkansas Code  20-81-104(a)(1), concerning the Arkansas
 Veterans' Commission, is amended to read as follows:
               (1)   Serve as the advisory body for the Director Secretary of the
 Department of Veterans Veteran Affairs;
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       SECTION 12.    Arkansas Code  20-81-104(c), concerning the Arkansas
 Veterans' Commission, is amended to read as follows:
       (c)   The Arkansas Veterans' Commission shall make recommendations to
 the director secretary for the operation and improvement of the efficiency of
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  the Veterans' Home veterans' homes established under  20-81-105 and a the
  state veterans' cemetery cemeteries established under  20-81-112.
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        SECTION 13.      Arkansas Code  20-81-105 is amended to read as follows:
        20-81-105. Veterans' Home homes.
        (a)   The Department of Veterans Veteran Affairs is authorized to
  establish and maintain a one (1) or more Veterans' Home veterans' homes at a
  location locations selected by the Director Secretary of the Department of
  Veterans Veteran Affairs, after seeking advice from the Arkansas Veterans'
 Commission, and the Arkansas Veterans' Home Task Force [abolished].
       (b)   The department is authorized to employ staff to operate the home
 the veterans' homes as it deems appropriate and as authorized by biennial
 appropriation.
       (c)(1)   The Each veterans' home shall be operated under the supervision
 of the department.
               (2)   The director secretary shall be the administrative head of
 the home veterans' homes;
               (3)   The secretary may delegate the administration of each
 veterans' home to an employee of the Department of Veteran Affairs.
       (d)(1)   The department shall promulgate appropriate guidelines for
 determining eligibility of veterans for admission to the a veterans' home and
 the monetary charges to be made for veterans residing in the a veterans'
 home. All guidelines shall conform to the federal requirements to qualify the
 home veterans' homes as a nursing home nursing homes for veterans and to
 render the home veterans' homes eligible to receive federal financial
 assistance.
               (2)(A)    Notwithstanding the provisions of  20-8-101 et seq., the
 home veterans' homes may be used as a nursing home nursing homes for veterans
 without obtaining a certificate of need.
               (B)   Bed capacity shall not exceed one hundred fifty (150) beds.
       (e)   In the administration of the home veterans' homes, the director
 secretary is authorized to do the following:
               (1)   Establish accounts to record the receipt and disbursement of
 funds from resident veterans to pay for a portion of their maintenance at the
 home a veterans' home;
               (2)   Develop policies for determining charges to be made to
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  resident veterans;
                (3)   Develop accounts and procedures pertaining to incompetent
  residents;
                (4)   Establish procedures and accounts for payment by the home a
  veteran's home to its residents for work performed at the veterans' home;
                (5)   Establish such other accounts as are necessary to the
  orderly administration of the home veterans' homes; and
                (6)   Establish policies necessary for the operation of the home
  veterans' homes.
       (f)    At the end of each fiscal year, the director secretary shall
 certify to the Chief Fiscal Officer of the State the amount of nonrevenues to
 be retained in the Miscellaneous Agencies Fund Account. All other moneys
 shall be transferred to the General Revenue Allotment Reserve Fund according
 to existing laws.
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       SECTION 14.    Arkansas Code  20-81-107 is amended to read as follows:
       20-81-107.    Gifts, volunteer services, etc.
       (a)    The Director Secretary of the Department of Veterans Veteran
 Affairs is authorized to arrange for and accept through such mutual
 arrangement as may be made the volunteer services, equipment, gifts,
 facilities, properties, supplies, and personnel of any state, county, and
 municipal offices and agencies and of veterans' fraternal, welfare, civic,
 and service organizations in the furtherance of the purposes of this act.
       (b)    The director sec