Current through the 2024 Regular Session.
Section 31-5-3 - State Board of Veterans' Affairs(a)(1) The board shall be composed of the Governor, as chair, and representatives, to serve for a term of four years from the date of their respective appointments, who shall be selected from the memberships of the Alabama Department of the American Legion, the Veterans of Foreign Wars, the Disabled American Veterans, the Vietnam Veterans of America, AMVETS, the Military Order of the Purple Heart, the American Ex-Prisoners of War, Incorporated, the Alabama Alliance of the Military Officers Association of America, Incorporated, and the Marine Corps League.(2) The nomination of the representatives shall be made by the executive committees or similar governing bodies of the respective organizations . There shall be one representative from each of the organizations for the first 7,500 resident members, or fraction thereof, and one additional representative from each organization for each additional 7,500 resident members, or fraction thereof. The total memberships of the respective organizations shall be determined on July 1 of the year in which the representatives shall be designated from the state enrollment of each organization as duly verified for correctness by the adjutant or a similar officer of the organization. Notwithstanding the foregoing, the executive committees or similar governing bodies of the organizations shall each nominate to the Governor three veterans who are members of the organizations for each place on the board to which the organizations are entitled to have a nominee. The nominations shall also include, in representative proportions, veterans of every war which are included in the membership of the organizations. (3) The appointing authorities shall coordinate their appointments to assure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.(b) The board, in conference with the commissioner, shall adopt and amend policies and rules as may be necessary to carryout this chapter.(c) The board, subject to Section 31-5-6, shall adopt rules governing the manner of performance of all functions and duties of the department and the various officers and employees , including the selection and appointment of all commissioners and assistant commissioners, district managers, and veteran service officers. The rules shall have the force and effect of law and prima facie evidence thereof may be given in all courts and proceedings by the production of what purports to be an official printed copy of the regulations, alterations, repeal, or amendment.(d) The board may establish and operate through the department state veterans cemeteries and may apply to the government of the United States, or any subdivision, agency, or instrumentality thereof, for funds for the purpose of establishing, operating, and maintaining the cemeteries. The department may enter into agreements with any subdivision of the state for assistance in operating the cemeteries. The department shall own the land on which the cemeteries are located. The department may accept federal grant funds, funding from state subdivisions, donations from private sources, and federal plot allowance payments. All of these funds shall be deposited into the Veterans Assistance Fund and may be used only for the establishment, operation, and maintenance of veterans cemeteries. The department may accept suitable cemetery land, in accordance with federal veterans cemetery grant guidelines, from the federal government, state government, state subdivisions, private sources, and any other source wishing to transfer land for use as a veterans cemetery. No funds used for these projects may be from the Education Trust Fund. The commissioner may execute deeds and other instruments of conveyance for the department. Any deed of cemetery property to the department prior to August 1, 2012, is ratified and confirmed. (e) The board shall hold meetings at times and locations to be determined by rules of the board or as designated by the chair.(f) The presence of a majority of the members at any regular or special meeting of the board shall constitute a quorum for the transaction of all business.(g) Members of the board shall be entitled to a per diem, to be fixed by the board, and their traveling and other necessary expenses actually incurred while attending meetings of the board or on the business of the department.Ala. Code § 31-5-3 (1975)
Amended by Act 2024-442,§ 1, eff. 10/1/2024.Amended by Act 2012-528,§ 1, eff. 5/22/2012.Acts 1945, No. 173, p. 304, §§3, 4; Acts 1966, Ex. Sess., No. 207, p. 255; Acts 1975, No. 1038, p. 2081; Acts 1986, No. 86-504, p. 984; Acts 1990, No. 90-526, p. 769; Acts 1994, No. 94-262, p. 495, §1; Act 2009-788, p. 2477, § 1; Act 2011-625, § 1.