(a) There is established the Delaware Commission of Veterans Affairs.

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

(1) Ten Commissioners shall be representatives of statewide veterans organizations that are chartered by Congress or authorized under federal law. Where a Commissioner represents a veterans organization, that organization must, within 60 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 must, during the course of their term, remain members in good standing of the nominating organization. The following veterans 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 or National Association of Black Veterans. Until such time as any current Korean War Veterans representative serving as Commissioner as of August 9, 2023, has completed a current full term or otherwise resigned the commission, that Commissioner shall retain the appointment and seat on the Commission. At the completion of that term or upon resignation of the Commissioner, the Korean War Veterans Commissioner seat shall be filled by a representative of the National Association of Black 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 shall also be a member of any veterans 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 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.

65 Del. Laws, c. 232, §  1;  69 Del. Laws, c. 145, §  4;  69 Del. Laws, c. 228, §  1;  78 Del. Laws, c. 308, §  1;  80 Del. Laws, c. 217, §  1;  84 Del. Laws, c. 163, § 1;  85 Del. Laws, c. 137, § 2; 

(a) (1) The Commission shall recommend candidates to the Secretary, who shall hire and employ an Executive Director that will also provide services to the Commission. The Executive Director is exempt from Chapter 59 of this title and must be a veteran as defined in § 8811 of this title.

(2) The Executive Director is an employee of the Department of Veteran Affairs.

(3) The Executive Director reports to the Secretary and consults with the Commission on all substantive matters.

(b) The Commission has the power of general oversight in the administration of the Delaware State Veterans’ Home and may recommend such rules, regulations, and policy as is necessary to the operation of a veterans’ home provided, however, such rules, regulations, and policy are not inconsistent with the other provisions of this chapter.

(c) The Commission shall establish and administer the “Delaware Veterans Trust Fund” which will provide financial assistance or grants to veterans with a minimum discharge 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.

(d) The Commission shall serve in an advisory capacity to the Secretary on all matters relevant to veterans in this State and specifically with respect to those duties set forth under § 8804 of this title.

(e) The Commission may initiate, review, and sponsor state legislation pertaining to veterans.

(f) The Commission shall submit to the Governor, Secretary, Secretary of State, and to the General Assembly an annual report of the Commission’s activities and recommendations. Submission to the General Assembly shall be made by delivering a copy of the annual report to the Secretary of the Senate, the Chief Clerk of the House, the Chairs of the House and Senate Veterans Affairs Committees, and the Director and Librarian of the Division of Legislative Services.

65 Del. Laws, c. 232, §  1;  67 Del. Laws, c. 42, §§  1, 2;  69 Del. Laws, c. 225, §  1;  69 Del. Laws, c. 228, §  3;  70 Del. Laws, c. 358, §§  1, 2;  75 Del. Laws, c. 288, §  1;  79 Del. Laws, c. 183, §  1;  80 Del. Laws, c. 217, §  1;  82 Del. Laws, c. 18, § 1;  82 Del. Laws, c. 70, § 1;  83 Del. Laws, c. 37, § 37;  84 Del. Laws, c. 320, § 1;  85 Del. Laws, c. 137, § 2; 

The Commission is authorized to develop and promulgate bylaws and rules necessary to its functions.

65 Del. Laws, c. 232, §  1;  85 Del. Laws, c. 137, § 2; 

(a) A veterans organization listed in § 8811(b) of this title may petition the Governor to remove from the Commission a member which said organization recommended, provided the reasons for said removal are clearly stated in said petition.

(b) In the event any Commissioner fails to attend 3 successive scheduled meetings without just cause such failure shall be sufficient grounds for the representative of the particular veterans organization to be removed by the Governor.

(c) As vacancies occur, they shall be filled in accordance with § 8811(b) of this title.

(d) The names of prospective members of the Commission shall be submitted to the Governor by letter from the senior official of each respective statewide veterans organization.

(e) The members of the Commission shall elect 1 of their members to serve as Chair and 1 as Vice-Chair who shall not serve more than 2 consecutive terms. Such elections shall be held annually in September.

(f) The Chair and Vice-Chair shall serve as voting members of the Commission.

(g) or the Executive Director’s designee The Department shall provide clerical and staff support to the Commission.

(h) The Commission shall hold monthly meetings at such time and location as prescribed by the Chair. Special meetings may be called by the Chair or a majority of the Commission membership.

(i) A quorum shall consist of a simple majority of the Commission members.

(j) Members of the Commission shall serve without compensation except that they may be reimbursed for reasonable and necessary travel expenses incident to their duties as members of the Commission to the extent that funds are available and in accordance with state law.

65 Del. Laws, c. 232, §  1;  69 Del. Laws, c. 225, §  2;  71 Del. Laws, c. 188, §  1;  84 Del. Laws, c. 320, § 2;  85 Del. Laws, c. 68, § 45;  85 Del. Laws, c. 137, § 2; 

Annually, the Commission shall submit a proposed budget to the Department of Veterans Affairs for review and approval by that Department. The Department of Veterans Affairs shall then recommend to the General Assembly that the Commission’s budget be included as a line item within said Department’s funding.

65 Del. Laws, c. 232, §  1;  85 Del. Laws, c. 137, § 2; 

(a) The Commission may request the advice, opinion, or assistance of other appropriate state agencies as necessary to properly discharge its duties and responsibilities.

(b) The Department of Veterans Affairs shall provide reasonable office and meeting facilities and other logistic support as requested by the Commission.

(c) The Department of Veterans Affairs shall maintain an overview of the Commission’s operation in order to insure proper use of, and accountability for, state funds appropriated for that purpose.

65 Del. Laws, c. 232, §  1;  75 Del. Laws, c. 98, §  56;  84 Del. Laws, c. 320, § 3;  85 Del. Laws, c. 137, § 2;