South Carolina General Assembly
116th Session, 2005-2006

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Indicates Matter Stricken
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S. 505

STATUS INFORMATION

General Bill
Sponsors: Senator Moore
Document Path: l:\council\bills\gjk\20244sd05.doc
Companion/Similar bill(s): 3668

Introduced in the Senate on February 17, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Veterans Affairs Division no longer part of the Governor's office

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/17/2005  Senate  Introduced and read first time SJ-3
   2/17/2005  Senate  Referred to Committee on Judiciary SJ-3
   2/25/2005  Senate  Referred to Subcommittee: Martin (ch), Moore, Ritchie, 
                        Malloy, Cromer, Campsen, Williams

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/17/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 1-30-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN BOARDS, COMMISSIONS, AND COMMITTEES BEING A PART OF THE OFFICE OF THE GOVERNOR, SO AS TO DELETE THE DIVISION OF VETERANS AFFAIRS AS A DIVISION OF THE GOVERNOR'S OFFICE; TO AMEND CHAPTER 11, TITLE 25, AS AMENDED, RELATING TO THE DIVISION OF VETERANS AFFAIRS IN THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL BECOME A SEPARATE AND AUTONOMOUS DEPARTMENT OF STATE GOVERNMENT WITH A GOVERNING BOARD TO CONSIST OF NINE PERSONS AND A DEPARTMENT DIRECTOR APPOINTED BY THE BOARD; AND TO AMEND SECTION 25-21-20, RELATING TO THE VETERANS TRUST FUND OF SOUTH CAROLINA AND SECTION 44-11-30, RELATING TO THE ESTABLISHMENT OF VETERANS HOMES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS IN ORDER TO REFLECT THE ABOVE PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 1-30-110 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-30-110.    Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such an agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:

(1)    Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;

(2)    Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;

(3)    State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;

(4)    Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;

(5)    Commission on Women, formerly provided for at Section 1-15-10, et seq.;

(6)(5)    Commission on Aging, formerly provided for at Section 43-21-10, et seq.;

(7)(6)    Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;"

SECTION    2.    Chapter 11, Title 25 of the 1976 Code is amended to read:

"CHAPTER 11

Division Department Of Veterans' Affairs

Article 1

General Provisions

Section 25-11-10.    A Division Department of Veterans' Affairs in the Office of the Governor is hereby created for the purpose of assisting ex-servicemen in securing the benefits to which they are entitled under the provisions of federal legislation and under the terms of insurance policies issued by the federal government for their benefit. This division shall be under the direct supervision of a panel consisting of the Governor as chairman, the Attorney General for the purpose of giving legal advice, and the Adjutant and Inspector General.

Section    25-11-15.        The Department of Verterans Affairs must be a separate and autonomous state agency with such funding as may be provided by the General Assembly in the annual general appropriations act. The department must be governed by a board consisting of nine members, three appointed by the Speaker of the House of Representatives from the membership of the House, three appointed by the President Pro Tempore from the membership of the Senate, and three appointed by the Governor. The members of the House and Senate may serve notwithstanding the provisions of Section 8-13-770 and shall serve for terms coterminous with their terms of office. Members appointed by the Governor shall serve for terms of four years each, except that of those first appointed, two shall serve for initial terms of two years each. The Governor in making his appointments shall select persons who have served honorably in the armed services of the United States and who are knowledgeable about the issues, concerns, and procedures facing the veterans of our State. All members shall serve until their successors are appointed and qualify, and vacancies must be filled for the remainder of the unexpired term by appointment in the same manner of original appointment. The board shall elect a chairman, vice chairman, and such other officers as it considers necessary for terms of one year each in these capacities.

Section 25-11-20.    For the purpose of carrying on this work the Governor board shall appoint a Director of the Division Department of Veterans' Affairs, who is charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation. The Director of the Division Department of Veterans' Affairs must be a person versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress and must be appointed by the Governor. Before the appointment, the Governor board shall receive a recommendation from (1) the executive committee of the American Legion, Department of South Carolina, (2) the Veterans of Foreign Wars of the United States, Department of South Carolina, and (3) the Disabled American Veterans. The Governor board is not required to appoint select the person recommended, and he is subject to removal by the Governor pursuant to the provisions of Section 1-3-240(B).

Section    25-11-30.        The office of the division herein provided for shall department must be located in Columbia in space provided by the State.

Section    25-11-40.        (A)    For the purpose of this section, 'veteran' means a person who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from service active duty service because of service-connected disability.

(B)    Subject to the recommendation of a majority of the Senators representing the county and a majority of the House members representing the county, the Director of the Division Department of Veterans Affairs shall appoint a county veterans affairs officer for each county in the State, whose term of office shall begin July first of each odd-numbered year and shall continue for a term of two years and until a successor shall be is appointed. A county veterans affairs officer must be a qualified veteran who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from such active duty because of a service-connected disability; otherwise, a county veterans affairs officer may be a qualified nonveteran, if any veteran being considered for the post is not as qualified as a nonveteran being considered for the post. Qualifications shall must be determined by the county legislative delegation upon a majority vote of the Senators representing the county and a majority vote of the House members representing the county based on the weighted vote of these members. A county veterans affairs officer is subject to removal for cause at any time by a majority of the Senators representing the county and a majority of the House members representing the county based on the weighted vote of these members.

(C)    All county veterans affairs officers must successfully complete a comprehensive course of training and be issued accreditation within one year following initial appointment, either through the Division Department of Veterans Affairs or through an accredited national veterans service organization. A training council from the South Carolina Association of County Veterans Affairs Officers, in conjunction with the Division Department of Veterans Affairs or through an accredited national veterans service organization, shall develop the training criteria. Training and accreditation must be provided by the Division Department of Veterans Affairs or through an accredited national veterans service organization. A county veterans affairs officer who does not complete the required training and receives accreditation within the first year following appointment is ineligible for reappointment by the county legislative delegation. Additionally, in order to maintain accreditation, refresher training is required yearly.

(D)(1)    In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.

(2)    In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.

(3)    In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.

Section 25-11-45.    Notwithstanding Section 1-30-110(4), a A County Veterans Affairs Office must be funded with monies appropriated by the General Assembly for that purpose and payable directly to the County Treasurer's Office by the State Treasurer.

Section 25-11-50.    The Director of the Division Department of Veterans' Affairs shall establish uniform methods and procedure for the performance of service work among the several county officers, maintain contact and close cooperation with such these officers, and provide assistance, advice, and instructions with respect to changes in law and regulations and administrative procedure in relation to the application of such the laws, and he may require from time to time reports from such the county veterans affairs officers, reflecting the character and progress of their official duties.

Section 25-11-60.    The county veterans affairs officers shall render semiannually a complete report of their acts and doings to the county legislative delegation of their respective counties upon uniform forms to be furnished by the Director of the Division Department of Veterans' Affairs.

Section 25-11-70.    The Division Department of Veterans' Affairs shall assist the South Carolina Agent Orange Advisory Council and the Agent Orange Information and Assistance Program at the Division Department of Health and Environmental Control in carrying out the purposes of Chapter 40 of Title 44. The Division Department of Veterans' Affairs shall:

(1)    refer veterans to appropriate state and federal agencies or other available resources for treatment of adverse health conditions which may have resulted from possible exposure to chemical agents, including Agent Orange;

(2)    assist veterans in filing compensation claims for disabilities that may have resulted from possible exposure to chemical agents, including Agent Orange;

(3)    communicate the concerns of veterans related to exposure to chemical agents, including Agent Orange, to appropriate state and federal officials.

The division department may request that the Attorney General represent a class of individuals composed of veterans who may have suffered adverse health conditions as a result of possible exposure to chemical agents, including Agent Orange, in a suit for release of information relating to the exposure to these chemicals during military service and for release of individual medical records.

Section    25-11-75.        The Director of the Division Department of Veterans Affairs shall appoint an additional claims representative within the Division Department of Veterans Affairs, who, in addition to being charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation, shall also specialize in the specific needs and diseases associated with veterans of the Vietnam era. The person appointed as a claims representative under this section must be versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress.

Subject to the direction of the director, and in addition to other duties prescribed in this section, the claims representative appointed pursuant to this section may represent the Division Department of Veterans Affairs on the South Carolina Agent Orange Advisory Council and on the Hepatitis C Coalition established by the South Carolina Department of Health and Environmental Control, assist the Division Department of Veterans Affairs in carrying out its duties in connection with the Agent Orange Information and Assistance program, represent the director in connection with functions relating to Vietnam veterans, and perform other duties as may be assigned by the director.

The position created by this section is a classified position subject to Article 3, Chapter 11, of Title 8. of the 1976 Code. In the general appropriations act for fiscal year 2001-2002 and thereafter, the The General Assembly shall add the this position in the budget for the Division Department of Veterans Affairs and provide for its funding.

Section 25-11-80.    (A)    In this section:

(1)    'state veterans' cemetery' means a cemetery that the Division Department of Veterans Affairs establishes under this section; and

(2)    'immediate family' means those family members who are eligible for burial in a Department of Veterans Affairs national cemetery.

(B)    The division department may establish one or more cemeteries in the State for the burial of veterans and their immediate families.

(C)    The division department may accept land, in the name of the State, or otherwise acquire land for a state veterans' cemetery, if the division department has the approval of:

(1)    the governing body of the county where the state veterans' cemetery is to be located;

(2)    the delegation in the General Assembly for the county where the state veterans' cemetery is to be located; and

(3)    the Budget and Control Board.

(D)    The division department shall maintain and supervise each state veterans' cemetery.

(E)(1)    Subject to the limitations in this section, the division department shall provide a plot in a state veterans' cemetery, without charge, to an applicant who meets the requirements of this section.

(2)    In the order in which the division department receives the applications for plots, the division department shall allot a plot in the state veterans' cemetery that is closest to the residence of the veteran and has an available plot.

(F)(1)    To qualify for a plot in a state veterans' cemetery, the applicant must be a veteran or a member of the immediate family of a veteran who meets the requirements of this subsection.

(2)    The veteran must have an honorable discharge from the Armed Forces.

(3)    The veteran must have been a resident of the State:

(a)    when the veteran entered the Armed Forces;

(b)    when the veteran died; or

(c)    for twenty years, unless for a reason that the division department finds compelling, the division department waives the time period.

(G)    To obtain a plot in a state veterans' cemetery, an applicant shall submit to the division department an application on the form that the division department provides.

(H)    In a plot that is allotted to a veteran, the division department shall bury:

(1)    the veteran; and

(2)    any member of the immediate family of the veteran if the family member can be buried in a space above or below the veteran.

(I)(1)    The division department shall bury the veteran without charge.

(2)    For burial of a member of the immediate family, the division department may:

(a)    set a fee that does not exceed the cost of burial; or

(b)    accept, from the social security burial allowance, an amount that does not exceed the cost of the burial.

(J)    The division department shall keep a registry of the graves of veterans who are buried in the state veterans' cemeteries.

Article 3

South Carolina Military Family Relief Fund

Section 25-11-310.    As used in this article:

(1)    'Active duty' means military service performed as State Active Duty under the South Carolina Military Code, or corresponding provisions of the applicable state statute law for South Carolina residents who are National Guard members of other states; military service performed under the provisions of Title 32, United States Code; or military service performed under the provisions of Title 10, United States Code.

(2)    'Division Department' means the Division Department of Veterans Affairs in the Office of the Governor.

(3)    'Duty as a result of September 11, 2001, terrorist attacks' means active duty service of a minimum of thirty consecutive days, directly related to the President's Partial Mobilization Authority in response to the attacks, (currently referred to as Operation Noble Eagle and Operation Enduring Freedom); any future operations as determined by the President; or any future operations as determined by the Governor of the State.

(4)    'Families of members' means a husband, wife, child, mother, father, brother, sister, or other person who has been approved as a dependent and is enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) in accordance with applicable military regulations. A custodial parent or guardian of a member's dependent may apply for a grant on behalf of that dependent.

(5)    'Next of kin' means the person listed as next of kin for the member in DEERS. In the case of multiple entries for next of kin, the first person listed is considered next of kin for the purposes of this article.

Section    25-11-320.    There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds entitled the South Carolina Military Family Relief Fund. Earnings on this fund must be credited to it, and a balance in the fund at the end of a fiscal year does not lapse to the general fund of the State but is instead carried forward in the fund to the succeeding fiscal year and used for the same purposes. The fund is not subject to mid-year budget reductions. Revenues of the fund include amounts donated to it pursuant to the state individual income tax return as provided in Section 12-6-5060 12-6-5070, other grants or donations made to the fund, regardless of source, and amounts as may be appropriated to the fund by the General Assembly. The division department may award grants from the fund in the manner and for the purposes provided in this article. Grants awarded may not at any time exceed the fund balance at the time of the grant.

Section    25-11-330.    The intent of this article is to provide an opportunity on standard individual income tax forms to allow individual taxpayers and other donors to contribute to the South Carolina Military Family Relief Fund, and to provide the division department the authority to award grants from the fund to families of South Carolina National Guard members or other Reserve component members, to include the Army Reserve, Marine Corps Reserve, Naval Reserve, Air Force Reserve, and Coast Guard Reserve, and including National Guard members of other states, who are South Carolina residents and were called to active military service as a result of the September 11, 2001, terrorist attacks.

The grants must be in the form of three types of payments:

(1)    payments based on the need of the member or the member's family as determined eligible under Section 25-11-340.;

(2)    payments based on the member's status as a member of the South Carolina National Guard or other Reserve component, made to the member or the member's family as determined eligible under Section 25-11-350.; or

(3)    payments to the member's next of kin as determined eligible under Section 25-11-360.

Section    25-11-340.    (A)    The grant applicant must show proof of the following:

(1)    The applicant is a member of the South Carolina National Guard or a South Carolina resident who is a member of another United States Armed Forces Reserve component, applying on behalf of the applicant's family, or is a family member of that member. Proof of residency for military members consists of information obtained from DEERS. Proof of a familial relationship also consists of information obtained from DEERS.

(2)    The South Carolina National Guard or Reserve component member was on active military duty for at least thirty consecutive days as a result of the September 11, 2001, terrorist attacks. Proof of active duty consists of a copy of the orders issued by an authorized headquarters ordering the member to this duty and documentation showing this duty was actually performed. Eligible active duty includes any active duty since September 11, 2001.

(3)    A copy of a payroll record from the member's civilian employer that indicates member's monthly salary plus a copy of a military payroll record that indicates the member's monthly salary.

(4)    Proof that the military salary, including Basic Allowance for Housing, of the member has decreased by thirty percent or greater from the applicant's civilian salary.

(5)    Proof that the member or family member has incurred or is about to incur a specific monetary expense relating to clothing, food, housing, utilities, medical services, medical prescriptions, insurance, or vehicle payments. This proof includes, but is not limited to, a copy of a bill, invoice, estimate, cancellation notice, or any other similar record.

(6)    A signed statement that the grant request is for the purpose identified in the application and that the grant funds will be used for the purposes requested.

(7)    The South Carolina National Guard or Reserve component member holds a pay grade no higher than O-3, if a commissioned officer, or W-2, if a warrant officer. Individuals or families are eligible for the grant based upon rank at the time of the mobilization. Proof of pay grades consists of information obtained from DEERS.

(8)    If a custodial parent or guardian is applying for a grant on behalf of a member's dependent, then the custodial parent or guardian must provide proof of guardianship of a member's dependent currently enrolled in DEERS.

(9)    The division department may waive the requirements in subsection (A)(4) upon a written request indicating the circumstances justifying such a waiver, and upon proof that there has in fact been some decrease from the member's civilian salary. These circumstances include, but are not limited to, death, injury, or incapacity of the member, long-term deployment of the member, and unexpected expenses incurred by the member's family. The division department may use discretion in granting or denying these requests.

(B)    The following members are ineligible to receive grants:

(1)    all commissioned and warrant officers with pay grades of O-4 and W-3, or higher;

(2)    personnel serving in Active Guard/Reserve (AGR) or similar full-time unit support programs unless called to Title 10 service;

(3)    members who are unmarried and have no family members enrolled in DEERS;

(4)    members who, at any time before the disbursement of funds pursuant to a grant application under this section, receive a punitive discharge, or an administrative discharge with service characterized as Under Other Than Honorable Conditions.

Section 25-11-350.    (A)    The grant applicant must show proof of the following:

(1)    The applicant is a member of the South Carolina National Guard or a South Carolina resident who is a member of another United States Armed Forces Reserve component, applying on behalf of the applicant's family, or is next of kin of that member. Proof of residency for military members consists of information obtained from DEERS. Proof of a familial relationship also consists of information obtained from DEERS.

(2)    The South Carolina National Guard or Reserve component member was on active military duty for at least thirty consecutive days as a result of the September 11, 2001, terrorist attacks. Proof of active duty consists of a copy of the orders issued by an authorized headquarters ordering the member to this duty and documentation showing that this duty was actually performed.

(3)(a)    A statement signed by the member stating that the member sustained a service-connected injury or illness; or

(b)    A statement signed by the member's next of kin that the member was killed in action, is missing in action, or is a prisoner of war.

(4)    Proof of next of kin status includes, but is not limited to, an affidavit signed by the applicant or information obtained from DEERS.

(5)    The division department may waive the thirty-day requirement in subsection (A)(2) upon a written request indicating the circumstances justifying the waiver. The division department may use discretion in granting or denying these requests.

(6)    The division department must verify with the United States Department of Defense that the member has been wounded or killed, is missing in action, is a prisoner of war, or was otherwise incapacitated while on active duty. No payments may be made without this verification.

(B)    Applications submitted under this section take precedence over all other applications.

(C)    Members who, at any time before the disbursement of funds pursuant to a grant application under this section, receive a punitive discharge or an administrative discharge with service characterized as Under Other Than Honorable Conditions, are ineligible to receive grants pursuant to this section.

Section    35-11-370.    (A)    Payments to a South Carolina National Guard or Reserve component member's family pursuant to Section 25-11-340 may not exceed two thousand dollars, to include any amounts paid pursuant to provisions of Section 25-11-380 during a state fiscal year.

(B)    If a grant payment is to be used for the purpose of payments for food, housing, utilities, medical services, or medical prescriptions, it may be noted on the application.

(C)    No additional applications from a member or a member's family may be accepted within one hundred eighty days from receipt of any prior applications.

(D)    All grants must be paid directly to the applicant. Payments must may not be made directly to creditors.

(E)    The division department may waive the requirements in subsections (A) and (C) of this section upon a written request indicating the circumstances justifying the waiver. The division department may use discretion in granting or denying these requests. However, in no event may payments authorized pursuant to this section exceed three thousand dollars during any state fiscal year.

Section    25-11-380.    (A)    All grants pursuant to Section 25-11-350 must be a flat rate of five hundred dollars unless the number of requests and fund balance necessitate a lesser amount as determined by the division department.

(B)    South Carolina National Guard or Reserve component members' families may receive a grant only one time in each fiscal year and only one time for each active duty order.

(C)    All grants must be paid directly to the applicant. Payments must not be made directly to creditors.

Section 25-11-390.    (A)    All grants pursuant to Section 25-11-360 must be a flat rate of one thousand dollars unless the number of requests and fund balance necessitate a lesser amount as determined by the division department.

(B)    South Carolina National Guard or Reserve component members or next of kin may receive a grant only one time for each active duty order.

(C)    All grants must be paid directly to the applicant. Payments must not be made directly to creditors.

Section 25-11-400.    (A)    The procedures governing the acceptance of applications are as follows:

(1)    To receive consideration for a grant, applicants must request and submit an application provided by the division department.

(2)    All necessary documentation must be included with the application unless otherwise provided pursuant to DEERS and the applicant shall authorize access to DEERS for purposes of verification.

(3)    Applications may be submitted via facsimile but the original documentation must be submitted before any grant payments are authorized.

(4)    Incomplete applications must be returned to the applicant.

(5)    The division department, upon receipt of a complete original application, shall verify required information under DEERS and then shall process the information for payment. The application must be processed in an expeditious manner.

(B)    The procedure governing payments are as follows:

(1)    Payment must be made to the applicant who has met all eligibility requirements.

(2)    The timeliness of payment is determined by the amount of funds available at the time of application.

(3)    If adequate funds are not available, the application must be held in a queue until funds are available.

(4)    Applications for casualty-based grants take precedence over all others.

(C)    The procedures governing denials of applications are as follows:

(1)    Grant applications from those not meeting eligibility requirements must be denied.

(2)    A letter explaining the denial, as well as providing additional sources of available relief, must be sent to the applicant within thirty days after receipt of the application."

SECTION    3.    Section 25-21-20 of the 1976 Code, as last amended by Act 167 of 2002, is further amended to read:

"Section 25-21-20.    There is created the Board of Trustees for the Veterans' Trust Fund of South Carolina composed of nineteen members. The board shall utilize the staff of the Veterans' Affairs Division Department in order to carry out its duties, as provided in Section 25-21-30. One member of the board of trustees must be the Director of the Office of Veterans' Affairs. The Governor, with the advice and consent of the Senate, shall appoint individuals to fill the remaining positions on the board of trustees. Of the eighteen remaining positions filled by gubernatorial appointment, four must be county veterans' affairs officers and five must represent veterans' service organizations. At least eleven of the members of the board of trustees must be United States Armed Forces veterans who were honorably discharged; the remaining members are not required to be veterans; however, if any are veterans, they also must have been honorably discharged from the armed services. The members of the board shall elect officers from among themselves as necessary.

Individuals appointed by the Governor shall serve at the pleasure of the Governor and may be removed by the Governor at any time.

Members of the board who are not full-time employees of the State of South Carolina or any of its political subdivisions may be paid per diem, mileage, and subsistence at rates established by the board, not to exceed standards provided by law for state boards, commissions, and committees. Per diem, mileage, and subsistence may be paid to members of the board only for travel and costs incurred due to meetings of the board.

A complete report of the activities of the Veterans' Trust Fund must be made to the General Assembly and State Auditor annually."

SECTION    4.    Section 44-11-30 of the 1976 Code is amended to read:

"Section 44-11-30.    The South Carolina Mental Health Commission, in mutual agreement with the authorities of the United States Veterans Administration, may establish South Carolina veterans homes to be located on grounds owned by the Department of Mental Health. The purpose of these homes is to provide treatment for South Carolina veterans who are mentally ill or whose physical condition requires long-term nursing care. Admission requirements to these homes are the same as any other facility operated by the department except that the patients at these facilities must be South Carolina veterans. The South Carolina Mental Health Commission is designated as the agency of the State to apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit for the operation and construction of South Carolina veterans homes. The South Carolina Mental Health Commission shall consult with the Division Department of Veterans Affairs, Office of the Governor, concerning the policies, management, and operation of the South Carolina veterans homes.

SECTION    5.    This act takes effect July 1, 2005.

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