Missouri veterans' commission established in the department of publicsafety--members, qualifications, appointment, terms, vacancies,expenses--officers, terms--meetings--powers and duties,staff--volunteers deemed unpaid employees, consequences.
42.007. 1. There is hereby established within the department ofpublic safety the "Missouri Veterans' Commission", such commission to be atype III agency within the department of public safety under the OmnibusState Reorganization Act of 1974. All duties and activities carried on bythe division of veterans' affairs on August 28, 1989, shall be vested insuch commission as provided by the Omnibus Reorganization Act of 1974.
2. The commission shall be composed of nine members. Two membersshall be members of the senate, one appointed by the president pro tem ofthe senate and one appointed by the senate minority floor leader, twomembers shall be members of the house of representatives, one appointed bythe speaker of the house of representatives and one appointed by the houseminority floor leader, and in appointing such members, preference shall begiven to current or former members of the military and their spouses,parents, and children. Members appointed from the house of representativesand the senate shall be appointed for a two-year term or until a successoris appointed and may be reappointed to the commission. Five members, whoshall be veterans appointed by the governor, with the advice and consent ofthe senate, for a four-year term; except that initial appointments to thecommission shall consist of two veterans to serve four-year terms, twoveterans to serve three-year terms, and one veteran to serve a two-yearterm. In addition, the chair of the Missouri military preparedness andenhancement commission or the chair's designee shall be an ex officiomember of the commission.
3. The governor shall make appointments to the commission from listsof nominees recommended by each of the statewide veterans' organizationsincorporated in this state, chartered by Congress, or authorized underTitle 38, United States Code. Vacancies shall be filled by appointmentmade in the same manner as the original appointments. A member of thecommission, not a member of the senate or house of representatives, shallbe a resident of the state of Missouri but shall not be an employee of thestate. Members of the commission shall not be compensated for theirservices, but shall be reimbursed from funds appropriated therefor foractual and necessary expenses incurred in the performance of their duties.
4. The commission shall organize by electing one member as chairmanand another as vice chairman. Such officers shall serve for a term of twoyears. The commission shall meet no fewer than four times per calendaryear, at the call of the chairman, and at times and places established bythe chairman by written notice. The commission's executive director shallserve as secretary to the commission.
5. The commission shall aid and assist all veterans and theirdependents and legal representatives, who are legal Missouri residents orwho live in the state of Missouri, in all matters relating to the rights ofveterans under the laws of the United States and under the rules andregulations of federal agencies, boards, commissions and other authoritieswhich are in any manner concerned with the interest and welfare of veteransand their dependents. In addition to any other duties imposed by sections42.002 to 42.135 and sections 143.1001, and 173.234, RSMo, the commissionshall:
(1) Disseminate by all means available information concerning therights of veterans and their dependents;
(2) Provide aid and assistance to all veterans, their dependents andlegal representatives in preparing, presenting and prosecuting claims forcompensation, education, pensions, insurance benefits, hospitalization,rehabilitation and all other matters in which a veteran may have a claimagainst the United States or any state arising out of or connected withservice in the military forces of the United States;
(3) Prosecute all claims listed in subdivision (2) of this subsectionto conclusion, when so authorized and empowered by a veteran, his survivorsor legal representatives;
(4) Cooperate with the United States Employment Service, the UnitedStates Department of Veterans' Affairs and all federal and state officeslegally concerned with and interested in the welfare of veterans and theirdependents;
(5) Arrange for and accept through such mutual arrangements as may bemade the volunteer services, equipment, facilities, properties, supplies,funds and personnel of all federal, welfare, civic and serviceorganizations, and other organized groups and individuals which are infurtherance of the purposes of sections 42.002 to 42.135 and section143.1001, RSMo;
(6) Volunteers shall be deemed unpaid employees and shall be accordedthe protection of the legal expense fund and liability provisions.Reimbursement for transportation and other necessary expenses may befurnished to those volunteers whose presence on special assignment isdetermined to be necessary by the commission. Such expenses shall bereimbursed from the regular appropriations of the commission. Volunteersmay utilize state vehicles in the performance of commission-related duties,subject to those rules and regulations governing use of state vehicles bypaid staff;
(7) Establish, maintain and operate offices throughout this state asnecessary to carry out the purposes of sections 42.002 to 42.135 andsection 143.1001, RSMo;
(8) Provide to the executive director of the commission allappropriate authority for the execution of the duties of the commissionunder this chapter;
(9) Employ such staff as necessary for performance of the duties andpurposes of this chapter.
6. The commission shall make all rules and regulations necessary forthe management and administration of its veteran service programs andcemeteries. All rules and regulations shall be consistent with theprovisions of sections 42.002 to 42.135, and sections 143.1001 and 173.234,RSMo. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissubsection shall become effective only if it complies with and is subjectto all provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
Missouri veterans' commission established in the department of publicsafety--members, qualifications, appointment, terms, vacancies,expenses--officers, terms--meetings--powers and duties,staff--volunteers deemed unpaid employees, consequences.
42.007. 1. There is hereby established within the department ofpublic safety the "Missouri Veterans' Commission", such commission to be atype III agency within the department of public safety under the OmnibusState Reorganization Act of 1974. All duties and activities carried on bythe division of veterans' affairs on August 28, 1989, shall be vested insuch commission as provided by the Omnibus Reorganization Act of 1974.
2. The commission shall be composed of nine members. Two membersshall be members of the senate, one appointed by the president pro tem ofthe senate and one appointed by the senate minority floor leader, twomembers shall be members of the house of representatives, one appointed bythe speaker of the house of representatives and one appointed by the houseminority floor leader, and in appointing such members, preference shall begiven to current or former members of the military and their spouses,parents, and children. Members appointed from the house of representativesand the senate shall be appointed for a two-year term or until a successoris appointed and may be reappointed to the commission. Five members, whoshall be veterans appointed by the governor, with the advice and consent ofthe senate, for a four-year term; except that initial appointments to thecommission shall consist of two veterans to serve four-year terms, twoveterans to serve three-year terms, and one veteran to serve a two-yearterm. In addition, the chair of the Missouri military preparedness andenhancement commission or the chair's designee shall be an ex officiomember of the commission.
3. The governor shall make appointments to the commission from listsof nominees recommended by each of the statewide veterans' organizationsincorporated in this state, chartered by Congress, or authorized underTitle 38, United States Code. Vacancies shall be filled by appointmentmade in the same manner as the original appointments. A member of thecommission, not a member of the senate or house of representatives, shallbe a resident of the state of Missouri but shall not be an employee of thestate. Members of the commission shall not be compensated for theirservices, but shall be reimbursed from funds appropriated therefor foractual and necessary expenses incurred in the performance of their duties.
4. The commission shall organize by electing one member as chairmanand another as vice chairman. Such officers shall serve for a term of twoyears. The commission shall meet no fewer than four times per calendaryear, at the call of the chairman, and at times and places established bythe chairman by written notice. The commission's executive director shallserve as secretary to the commission.
5. The commission shall aid and assist all veterans and theirdependents and legal representatives, who are legal Missouri residents orwho live in the state of Missouri, in all matters relating to the rights ofveterans under the laws of the United States and under the rules andregulations of federal agencies, boards, commissions and other authoritieswhich are in any manner concerned with the interest and welfare of veteransand their dependents. In addition to any other duties imposed by sections42.002 to 42.135 and sections 143.1001, and 173.234, RSMo, the commissionshall:
(1) Disseminate by all means available information concerning therights of veterans and their dependents;
(2) Provide aid and assistance to all veterans, their dependents andlegal representatives in preparing, presenting and prosecuting claims forcompensation, education, pensions, insurance benefits, hospitalization,rehabilitation and all other matters in which a veteran may have a claimagainst the United States or any state arising out of or connected withservice in the military forces of the United States;
(3) Prosecute all claims listed in subdivision (2) of this subsectionto conclusion, when so authorized and empowered by a veteran, his survivorsor legal representatives;
(4) Cooperate with the United States Employment Service, the UnitedStates Department of Veterans' Affairs and all federal and state officeslegally concerned with and interested in the welfare of veterans and theirdependents;
(5) Arrange for and accept through such mutual arrangements as may bemade the volunteer services, equipment, facilities, properties, supplies,funds and personnel of all federal, welfare, civic and serviceorganizations, and other organized groups and individuals which are infurtherance of the purposes of sections 42.002 to 42.135 and section143.1001, RSMo;
(6) Volunteers shall be deemed unpaid employees and shall be accordedthe protection of the legal expense fund and liability provisions.Reimbursement for transportation and other necessary expenses may befurnished to those volunteers whose presence on special assignment isdetermined to be necessary by the commission. Such expenses shall bereimbursed from the regular appropriations of the commission. Volunteersmay utilize state vehicles in the performance of commission-related duties,subject to those rules and regulations governing use of state vehicles bypaid staff;
(7) Establish, maintain and operate offices throughout this state asnecessary to carry out the purposes of sections 42.002 to 42.135 andsection 143.1001, RSMo;
(8) Provide to the executive director of the commission allappropriate authority for the execution of the duties of the commissionunder this chapter;
(9) Employ such staff as necessary for performance of the duties andpurposes of this chapter.
6. The commission shall make all rules and regulations necessary forthe management and administration of its veteran service programs andcemeteries. All rules and regulations shall be consistent with theprovisions of sections 42.002 to 42.135, and sections 143.1001 and 173.234,RSMo. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissubsection shall become effective only if it complies with and is subjectto all provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
Missouri veterans' commission established in the department of publicsafety--members, qualifications, appointment, terms, vacancies,expenses--officers, terms--meetings--powers and duties,staff--volunteers deemed unpaid employees, consequences.
42.007. 1. There is hereby established within the department ofpublic safety the "Missouri Veterans' Commission", such commission to be atype III agency within the department of public safety under the OmnibusState Reorganization Act of 1974. All duties and activities carried on bythe division of veterans' affairs on August 28, 1989, shall be vested insuch commission as provided by the Omnibus Reorganization Act of 1974.
2. The commission shall be composed of nine members. Two membersshall be members of the senate, one appointed by the president pro tem ofthe senate and one appointed by the senate minority floor leader, twomembers shall be members of the house of representatives, one appointed bythe speaker of the house of representatives and one appointed by the houseminority floor leader, and in appointing such members, preference shall begiven to current or former members of the military and their spouses,parents, and children. Members appointed from the house of representativesand the senate shall be appointed for a two-year term or until a successoris appointed and may be reappointed to the commission. Five members, whoshall be veterans appointed by the governor, with the advice and consent ofthe senate, for a four-year term; except that initial appointments to thecommission shall consist of two veterans to serve four-year terms, twoveterans to serve three-year terms, and one veteran to serve a two-yearterm. In addition, the chair of the Missouri military preparedness andenhancement commission or the chair's designee shall be an ex officiomember of the commission.
3. The governor shall make appointments to the commission from listsof nominees recommended by each of the statewide veterans' organizationsincorporated in this state, chartered by Congress, or authorized underTitle 38, United States Code. Vacancies shall be filled by appointmentmade in the same manner as the original appointments. A member of thecommission, not a member of the senate or house of representatives, shallbe a resident of the state of Missouri but shall not be an employee of thestate. Members of the commission shall not be compensated for theirservices, but shall be reimbursed from funds appropriated therefor foractual and necessary expenses incurred in the performance of their duties.
4. The commission shall organize by electing one member as chairmanand another as vice chairman. Such officers shall serve for a term of twoyears. The commission shall meet no fewer than four times per calendaryear, at the call of the chairman, and at times and places established bythe chairman by written notice. The commission's executive director shallserve as secretary to the commission.
5. The commission shall aid and assist all veterans and theirdependents and legal representatives, who are legal Missouri residents orwho live in the state of Missouri, in all matters relating to the rights ofveterans under the laws of the United States and under the rules andregulations of federal agencies, boards, commissions and other authoritieswhich are in any manner concerned with the interest and welfare of veteransand their dependents. In addition to any other duties imposed by sections42.002 to 42.135 and sections 143.1001, and 173.234, RSMo, the commissionshall:
(1) Disseminate by all means available information concerning therights of veterans and their dependents;
(2) Provide aid and assistance to all veterans, their dependents andlegal representatives in preparing, presenting and prosecuting claims forcompensation, education, pensions, insurance benefits, hospitalization,rehabilitation and all other matters in which a veteran may have a claimagainst the United States or any state arising out of or connected withservice in the military forces of the United States;
(3) Prosecute all claims listed in subdivision (2) of this subsectionto conclusion, when so authorized and empowered by a veteran, his survivorsor legal representatives;
(4) Cooperate with the United States Employment Service, the UnitedStates Department of Veterans' Affairs and all federal and state officeslegally concerned with and interested in the welfare of veterans and theirdependents;
(5) Arrange for and accept through such mutual arrangements as may bemade the volunteer services, equipment, facilities, properties, supplies,funds and personnel of all federal, welfare, civic and serviceorganizations, and other organized groups and individuals which are infurtherance of the purposes of sections 42.002 to 42.135 and section143.1001, RSMo;
(6) Volunteers shall be deemed unpaid employees and shall be accordedthe protection of the legal expense fund and liability provisions.Reimbursement for transportation and other necessary expenses may befurnished to those volunteers whose presence on special assignment isdetermined to be necessary by the commission. Such expenses shall bereimbursed from the regular appropriations of the commission. Volunteersmay utilize state vehicles in the performance of commission-related duties,subject to those rules and regulations governing use of state vehicles bypaid staff;
(7) Establish, maintain and operate offices throughout this state asnecessary to carry out the purposes of sections 42.002 to 42.135 andsection 143.1001, RSMo;
(8) Provide to the executive director of the commission allappropriate authority for the execution of the duties of the commissionunder this chapter;
(9) Employ such staff as necessary for performance of the duties andpurposes of this chapter.
6. The commission shall make all rules and regulations necessary forthe management and administration of its veteran service programs andcemeteries. All rules and regulations shall be consistent with theprovisions of sections 42.002 to 42.135, and sections 143.1001 and 173.234,RSMo. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissubsection shall become effective only if it complies with and is subjectto all provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2009, shall beinvalid and void.
