Adopted by House 3-6-2014

SB523 H VA&HS AM 2-28

    The Committee on Veterans Affairs and Homeland Security moves to amend the bill on page two, following the enacting section, by striking section ten, and inserting in lieu thereof a new section ten to read as follows:



§9A-1-10. Powers and duties of director secretary.

    The director secretary is the executive and administrative head of the division department and has the power and duty, subject to the provisions of section four of this article, to:

    (a) Supervise and put into effect the purposes and provisions of this article and the rules for the government of the division department;

    (b) Prescribe methods pertaining to investigations and reinvestigations of all claims and to the rights and interests of all veterans, their widows, widowers, dependents and orphans;

    (c) Prescribe uniform methods of keeping all records and case records of the veterans, their widows, widowers, dependents and orphans;

    (d) Sign and execute, in the name of the state by West Virginia Division Department of Veterans’ Affairs Assistance, 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 department;

    (f) Organize the division department to comply with the requirements of this article and with the standards required by any federal act or any federal agency;

    (g) Establish any regional or area offices throughout the state that are necessary to promote efficiency and economy in administration;

    (h) Make reports that 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 department;

    (k) Prepare for the Veterans’ Council the annual reports to the Governor of the condition, operation and functioning of the division department;

    (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, widowers, dependents and orphans; 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 department;

    (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 department, and of regional or area offices, and employ assistants and employees, including case managers and counselors, that are necessary for the efficient operation of the division department;

    (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 department and the state and federal governments;

    (p) Delegate to all or any of his or her appointees, assistants or employees all powers and duties vested in the director secretary, except the power to sign and execute contracts and agreements: but the director Provided, That the secretary shall be responsible for the acts of his or her appointees, assistants and employees; and

    (q) Provide volunteers who will drive or transport Award grants, in his or her discretion, subject to available appropriations, to provide for the transportation of veterans to veterans’ hospitals from the veteran’s home or local Veterans’ affairs Assistance offices. and who shall be paid an expense per diem of seventy-five dollar.

    (r) Enter into an agreement with the Commissioner of the Department of Agriculture to transfer without consideration all or part of the approximately seventeen acres of the Department of Agriculture property in Beckley, West Virginia, located adjacent to the Jackie Withrow Hospital which was formerly known as Pinecrest Hospital, for construction of a veterans skilled nursing facility.; and

    On page eleven, section four, line fifty, following the words “Veterans’ Assistance to transfer” by inserting the words “without consideration”.