SENATE BILL 204
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
William H. Payne
AN ACT
RELATING TO VETERANS AFFAIRS; TRANSFERRING OVERSIGHT OF THE NEW MEXICO STATE VETERANS' HOME FROM THE DEPARTMENT OF HEALTH TO THE VETERANS' SERVICES DEPARTMENT; CREATING THE HEALTH CARE COORDINATION DIVISION OF THE VETERANS' SERVICES DEPARTMENT; REPEALING THE VETERANS' SERVICES ADVISORY BOARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-22-3 NMSA 1978 (being Laws 2004, Chapter 19, Section 3, as amended) is amended to read:
"9-22-3. DEFINITIONS.--As used in the Veterans' Services Department Act:
A. "department" means the veterans' services department;
B. "gold star parent" means a surviving parent of a member of the armed forces of the United States who is missing in action or whose death was related to the member's service in the armed forces of the United States;
[B.] C. "secretary" means the secretary of veterans' services; and
[C.] D. "veteran" means a New Mexico resident who:
(1) was regularly enlisted, drafted, inducted or commissioned in the:
(a) armed forces of the United States and was accepted for and assigned to active duty in the armed forces of the United States;
(b) army reserve, navy reserve, marine corps reserve, air force reserve, coast guard reserve, army national guard or air national guard and was accepted for and assigned to duty for a minimum of six continuous years; or
(c) United States public health service commissioned corps or the national oceanic and atmospheric administration commissioned officer corps and served in the capacity of a commissioned officer while on active duty in defense of the United States; and
(2) was not separated from such service under circumstances amounting to dishonorable discharge."
SECTION 2. Section 9-22-4 NMSA 1978 (being Laws 2004, Chapter 19, Section 4) is amended to read:
"9-22-4. DEPARTMENT ESTABLISHED.--The "veterans' services department" is created in the executive branch. The department is a cabinet department and includes the following divisions:
A. the administrative services division;
B. the field services division;
C. the [state approving] health care coordination division; and
D. the state benefits division."
SECTION 3. Section 9-22-7 NMSA 1978 (being Laws 2004, Chapter 19, Section 7) is amended to read:
"9-22-7. DEPARTMENT RESPONSIBILITIES.--The department is responsible for:
A. assisting veterans and their surviving spouses, [and their] children and gold star parents in the preparation, presentation and prosecution of claims against the United States arising by reason of military or naval service;
B. assisting veterans and their surviving spouses, [and their] children and gold star parents in establishing the rights and the procurement of benefits that have accrued or may accrue to them pursuant to state law;
C. disseminating information regarding laws beneficial to veterans and their surviving spouses, [and their] children and gold star parents; and
D. cooperating with agencies of the United States that are or may be established for the beneficial interest of veterans, to which end the department may enter into agreements or contracts with the United States for the purpose of protecting or procuring rights or benefits for veterans."
SECTION 4. Section 9-22-11 NMSA 1978 (being Laws 2004, Chapter 19, Section 11) is amended to read:
"9-22-11. ADMINISTRATIVE SERVICES DIVISION--DUTIES.--
A. The administrative services division shall provide administrative services to the department, including:
(1) keeping all official records of the department;
(2) providing clerical services in the areas of personnel and budget preparation;
(3) providing clerical, [record-keeping] recordkeeping and administrative support to agencies administratively attached to the department at their request;
(4) coordinating short- and long-term planning of the department; and
(5) administering programs and grants that have been assigned to the department by the secretary or governor or by statute, including management of the state approving bureau.
B. The administrative services division shall provide fiduciary services, including acting as either
court-appointed conservator or representative payee for veterans adjudicated as unable to handle their own financial affairs without assistance. The division shall manage fiduciary funds and safeguard the assets for veterans and their dependents."
SECTION 5. Section 9-22-13 NMSA 1978 (being Laws 2004, Chapter 19, Section 13) is amended to read:
"9-22-13. STATE APPROVING [DIVISION] BUREAU.--
A. The state approving [division] bureau is created within the administrative services division of the department and is the state approving agency for the purposes of 38 USCA Section 3671.
B. The state approving [division] bureau shall evaluate and approve educational programs and training programs for all persons and veterans eligible for educational assistance pursuant to the provisions of Title 38 of the United States Code. Approval of courses, educational programs and training programs, including training on the job, by the state approving [division] bureau shall be in accordance with the provisions of Title 38 of the United States Code."
SECTION 6. Section 9-22-14 NMSA 1978 (being Laws 2004, Chapter 19, Section 14) is amended to read:
"9-22-14. STATE BENEFITS DIVISION.--The state benefits division shall:
A. provide oversight of veterans' service organizations;
B. develop or coordinate veterans' programs and outreach, including [transitional living, housing, health care and] economic development; and
C. determine eligibility for, conduct or oversee state-funded veterans' services and benefits, including determining eligibility for veteran property tax exemptions, hunting and fishing licensing and motor vehicle license plate programs; managing the Vietnam and children of deceased veterans scholarship programs; and overseeing the [state funeral] military honors [and] burial program and state veterans' cemeteries, monuments and museums."
SECTION 7. A new section of the Veterans' Services Department Act is enacted to read:
"[NEW MATERIAL] HEALTH CARE COORDINATION DIVISION.--The health care coordination division shall:
A. develop and coordinate veterans programs and outreach, including transitional living, housing and health care programs;
B. provide oversight of the New Mexico state veterans' home; and
C. advise and coordinate with the secretary regarding all health care-related issues for veterans and veterans' families."
SECTION 8. Section 23-4-1 NMSA 1978 (being Laws 1974 (S.S.), Chapter 2, Section 1, as amended) is amended to read:
"23-4-1. VETERANS' HOME CREATED--ADVISORY BOARD.--
A. The "New Mexico state veterans' home" located near Truth or Consequences, New Mexico, is declared to be a state home for veterans of service in the armed forces of the United States and their qualifying spouses, surviving spouses and gold star parents.
B. The "Fort Bayard medical center veterans' unit", a separate and distinct unit of the Fort Bayard medical center, located near Silver City, New Mexico, is declared to be a state home for veterans of service in the armed forces of the United States.
C. There is created the "New Mexico veterans' home advisory board". The advisory board shall consist of nine members as follows:
(1) the secretary of [veterans' services] health or [his] the secretary's designee;
(2) the director of the [state benefits] health care coordination division of the veterans' services department;
(3) [a veteran of World War II] the secretary of aging and long-term services or the secretary's designee;
(4) the administrator of a private nursing home;
(5) a registered [nurse] health care professional who is employed by a public or private nursing home;
(6) [a veteran of the Korean conflict] the state commander of the department of New Mexico veterans of foreign wars or the department commander's designee;
(7) [a veteran of the Vietnam conflict] the department commander of the American legion or the department commander's designee;
(8) [a veteran of the Gulf War] the state commander of disabled American veterans or the state commander's designee; and
(9) a [veteran of the Iraqi Freedom conflict] member of any other congressionally recognized veteran's service organization.
D. The governor shall appoint the members designated in Paragraphs [(3) through] (4), (5) and (9) of Subsection C of this section, and their terms shall be for three years each.
E. The New Mexico state veterans' home shall be under the control of the veterans' services department [of health].
F. The New Mexico veterans' home advisory board shall provide advice to the [secretary of] secretaries of veterans' services and health and the administrators of the New Mexico state veterans' home and the Fort Bayard medical center regarding veterans' services."
SECTION 9. Section 23-4-3 NMSA 1978 (being Laws 1974 (S.S.), Chapter 2, Section 4, as amended) is amended to read:
"23-4-3. ELIGIBILITY FOR CARE--STANDARDS.--
A. Occupancy in the New Mexico state veterans' home and the Fort Bayard medical center veterans' unit shall be for veterans of service in the armed forces of the United States who have served on active duty pursuant to rules adopted by the secretary of [health] veterans' services consistent with federal guidelines. To be eligible for admission and continued occupancy, a veteran must be [(1)] a citizen of the United States who enlisted or was drafted, inducted or commissioned in the armed forces of the United States, who was accepted for and assigned to active duty in the armed forces and was not separated from the armed forces under circumstances amounting to a dishonorable discharge from the armed forces [and
(2) a resident of New Mexico at the time of entering or discharge from the armed forces or, in the alternative, a resident of New Mexico at the date of admission].
B. Additionally, no more than twenty-five percent of the occupancy in the New Mexico state veterans' home shall consist of nonveterans from the following categories:
(1) spouses;
(2) surviving spouses; and
(3) gold star parents, as defined in the Veterans' Services Department Act.
C. Whenever a law, rule or regulation of the [veterans' administration of the federal government] United States department of veterans affairs or any other law permits the state to receive federal funds for the use and benefit of the New Mexico state veterans' home, upon acceptance of a veteran of the armed forces of the United States not meeting the requirements of Subsection A of this section, the New Mexico veterans' home advisory board [of trustees] may adopt rules to authorize such veteran's acceptance."
SECTION 10. REPEAL.--Section 9-22-15 NMSA 1978 (being Laws 2004, Chapter 19, Section 15) is repealed.
SECTION 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.
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