(a) A Department of Veterans Affairs is established. The Department of Veterans Affairs has the powers, duties, and functions set forth in this chapter.

(b) As used in this chapter:

(1) “Commission” means the Delaware Commission of Veterans Affairs.

(2) “Department” means the Department of Veterans Affairs.

(3) “Secretary” means the Secretary of the Department of Veterans Affairs.

(c) For administrative, budgetary, and operational purposes, the Department of Veterans Affairs is a division of the Department of State until such time as the General Assembly approves the transition report authorized by subsection (d) of this section.

(d) (1) The Secretary shall develop a transition plan to separate the Department of Veterans Affairs from the Department of State for administrative, budgetary, and operational purposes by July 1, 2030, or such time as there will be no negative impacts to the funding for veterans-related programs in Delaware. The Secretary shall prepare a transition report outlining the transition plan, including projections of the fiscal costs of the transition. The Secretary shall consult all of the following individuals or their designees when developing the plan and transition report:

a. The Governor.

b. The Lieutenant Governor.

c. The Secretary of State.

d. The Director of the Office of Management and Budget.

e. The Chief Information Officer of the Department of Technology and Information.

f. The Secretary of the Department of Human Resources.

g. The Controller General.

(2) The Secretary shall present the transition report to the General Assembly no later than 6 months in advance of the proposed transition to a separate Department.

(3) The General Assembly may approve the transition report through passage of a concurrent resolution that sets forth and approves the proposed date on which the transition will occur.

85 Del. Laws, c. 137, § 1; 

(a) The Secretary of the Department of Veterans Affairs is the administrator and head of the Department. The Secretary must be a veteran, qualified by training and experience to perform the duties of the office, and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary is appointed by the Governor, with the advice and consent of the Senate, and serves at the pleasure of the Governor. The Secretary shall be paid an annual salary as set forth in the annual Budget Appropriation Bill.

(b) In the event of death, resignation, temporary incapacity, or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint a member of the Department to serve as Acting Secretary. The Secretary may, during an absence from this State, appoint a member of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary has all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.

85 Del. Laws, c. 137, § 1; 

The Secretary has the following powers, duties, and functions:

(1) To supervise, direct, and account for the administration and operation of the Department, its offices, functions, and employees.

(2) To hire such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law. The Secretary shall hire veterans to fill positions within the Department where possible. For purposes of this paragraph, “veteran” means a person who has served on active duty in the U.S. Armed Forces, including the National Guard or the reserves, and who was discharged under other than dishonorable conditions.

(3) To establish, consolidate, or abolish such divisions and offices within the Department or transfer or combine the powers, duties, and functions of the divisions and offices within the Department as the Secretary, with the advice and consent of the Commission and the written approval of the Governor, may deem necessary, provided that all powers, duties, and functions required by law shall be provided for and maintained.

(4) To make and enter into any and all contracts, agreements, or stipulations, and to retain, employ, and contract for the services of private and public consultants, research, and technical and other services and facilities, whenever the same is deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds are available for such purpose. All necessary legal services must be provided pursuant to Chapter 25 of this title.

(5) To delegate any of the Secretary’s powers, duties, or functions to a director of a division, except the power to remove employees of the Department or to fix their compensation.

(6) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as are deemed necessary by the Secretary and which are consistent with the laws of this State.

(7) To maintain such facilities throughout this State as may be required for the effective and efficient operation of the Department.

(8) To promulgate rules and regulations as necessary to carry out the Department’s functions and duties.

(9) To adopt an official seal or seals for the Department.

85 Del. Laws, c. 137, § 1; 

(a) The Secretary shall, with the advice of the Commission, do all of the following:

(1) Develop and propose strategies for providing alternative forms of elder care or to create 1 or more additional veterans homes to ensure that as many veterans as possible can be served and housed as they grow older.

(2) Operate and administer 1 or more Delaware veterans memorial cemeteries in this State and promulgate such rules and regulations governing the operation of the cemeteries as necessary.

(3) Maintain a repository for all veterans’ “Statement of Service” or similar documentary verification of active armed service.

(4) Administer the Delaware Veterans Trust Fund, which will provide financial assistance or grants to veterans with a minimum discharge status of general discharge under honorable conditions to cover costs associated with medical and dental needs; medical transportation; homelessness support; home repairs and safety modifications; household utilities; and educational or retraining programs.

(5) Represent this State in concert with other states’ veterans’ agencies and the U.S. Department of Veterans Affairs on matters of mutual interest and concern.

(6) Coordinate with and advise all departments and agencies of this State on all matters pertaining to education, training, employment, medical, and financial benefit programs for veterans, their dependents, and their survivors.

(b) The Commission shall provide advice to the Secretary in the financial oversight and operation of the Delaware State Veterans Home.

(c) The Department and the Secretary shall augment, not replace nor infringe upon, the functions of the service officers of veterans’ organizations. The Department may accredit claims representatives in each county. Department-accredited claims representatives are accountable to the Department.

85 Del. Laws, c. 137, § 1;