Delaware General Assembly


CHAPTER 217

FORMERLY

HOUSE BILL NO. 224

AS AMENDED BY

SENATE AMENDMENT NO. 1

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COMMISSION OF VETERANS' AFFAIRS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 8720, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8720. Delaware Commission of Veterans' Affairs — Established; composition; powers.

(a) There is hereby established the Delaware Commission of Veterans' Affairs, hereafter referred to as the "Commission."

(b) The Commission shall be composed of 17 15 Commissioners all of whom shall be appointed by the Governor for terms of 4 years, and shall be veterans who are residents of the State of Delaware and citizens of the United States.

(1) Ten Commissioners shall be representatives of statewide veteran organizations that are chartered by Congress or authorized under federal law. The 17 Commissioners shall consist of 2 at large Commissioners and 15 Commissioners which represent statewide veteran membership organizations incorporated in the State of Delaware, chartered by Congress or authorized under Title 38 of the United States Code, to represent veterans. Each membership organization shall submit a letter of recommendation which shall included at least 3 nominees 60 days prior to the expiration of a members term or immediately upon a vacancy. Where a Commissioner represents a veteran organization, that organization must, within sixty days prior to the expiration of a Commissioner’s term or within 30 days following a vacancy, submit to the Office of the Governor a letter of recommendation which shall include at least 3 nominees and their application packet. Commissioners who are appointed to represent a statewide veterans organization shall, during the course of their term remain members in good standing of the nominating organization. The following veteran organizations shall be represented on the Commission:

a. American Legion.

b. American Veterans.

c. Air Force Sergeants Associations.

d. Disabled American Veterans.

e. Korean War Veterans.

f. Marine Corps League.

g. Military Officers Association of America.

h. Military Order of the Purple Heart.

i. Veterans of Foreign Wars.

j. Vietnam Veterans of America.

(2) Five Commissioners shall be at-large Commissioners, who may also be a member of any veteran organization or may be a veteran who has applied directly to the Office of the Governor.

(c) For purposes of this section, a veteran is any person who has served honorably on active duty in the U.S. Army, Air Force, Navy, Marine Corps, Delaware Armed Forces, including the National Guard or the reserves. or the Coast Guard or served as a Merchant Marine between December 7, 1941, and August 15, 1945, for a minimum period of 2 years and has been honorably discharged or relieved from active duty. The minimum period of 2 years of active duty may be waived if:

(1) Earlier release was granted because the individual was wounded or injured in the line of duty and rendered unfit for further service; or

(2) The individual was released prior to 2 years of active duty for the convenience of the government.

Approved April 20, 2016