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Introduced Version House Bill 2860 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2860


(By Delegates Givens, Varner,
Tucker, Fahey and Pethtel)
[Introduced March 15, 2001; referred to the
Committee on Veterans' Affairs then Finance.]



A BILL to amend and reenact section ten, article one, chapter nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section eleven, all relating to authorizing the director of veterans affairs to purchase West Virginia and United States flags for resale.

Be it enacted by the Legislature of West Virginia:
That section ten, article one, chapter nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section eleven, all to read as follows:
ARTICLE 1. 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) Direct operations by the division for the sale for profit of flags of this state and the United States;
(l) (m) 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 promote the efficiency of the division;
(m) (n) Invoke any legal, equitable or special remedies for the enforcement of his or her orders or the provisions of this article;
(n) (o) Appoint the veterans' affairs officers and heads of divisions of the division, and of regional or area offices, and employ such assistants and employees as may be necessary for the efficient operation of the division; and
(o) (p) Delegate to all or any of his 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.
§9A-1-11. Sales of flags.

The authorization for the sale of flags of this state and the United States, heretofore vested with the division of corrections is hereby transferred and vested with the division of veteran's affairs. The division shall establish a special account in which to deposit all proceeds received from the sale of flags. Proceeds received in the special account shall be used exclusively to promote and support the activities of the division of veterans affairs and to purchase additional flags for resale. The purchase of the flags shall, where applicable, be made in accordance with the provisions of article three, chapter five-a of this code. The purchasing division of the department of administration shall, on or before the first day of June, two thousand one, purchase an initial allotment of five hundred state flags and five hundred United States flags which shall be delivered to the West Virginia Veterans Home at Barboursville in order to be stored prior to distribution to vendor sites for public sale. The director shall propose legislative rules for approval by the Legislature in accordance with article three, chapter twenty-nine-a, designed to effectuate the purposes of this section.

NOTE: The purpose of this bill is to
authorize the director of veterans affairs to purchase West Virginia and United States flags for resale.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§9A-1-11 is new, therefore strike-throughs and underscoring has been omitted.
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