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Governor McDonnell Announces Military and Veterans Legislative Agenda for 2012 General Assembly Session

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Governor McDonnell Announces Military and Veterans Legislative Agenda for 2012 General Assembly Session

~Measures will ensure in-state tuition for all members of the Virginia National Guard; improve delivery of benefits; address veteran homelessness~

 RICHMOND – In an address to the Joint Leadership Council of Veterans Service Organizations, and joined by veteran and Virginia National Guard leaders, Governor Bob McDonnell announced today legislative and administrative initiatives to continue his effort to make Virginia the most veteran-friendly state in America.  Legislative initiatives include ensuring that all members of the Virginia National Guard receive in-state tuition, improving absentee ballot access for overseas military and guaranteeing that unclaimed remains of veterans receive honorable burials.  Budget initiatives include several measures to better deliver services and benefits to veterans, to construct a new veterans care center in Hampton Roads and to assist localities affected by BRAC.  In addition to the legislative and budget initiatives, Governor McDonnell’s administrative initiatives include the creation of a veterans ID card to serve as proof of veteran status and increasing access to DMV services to better serve the unique needs of Virginia’s active duty military personnel and veterans.

Speaking about the military and veterans legislation for the 2012 General Assembly Session, Governor McDonnell said, “The one in 8 Virginians who serve or have served in the armed forces deserve our eternal thanks for putting themselves in harm’s way to protect our freedom.  They serve Virginia. Virginia must serve them. Building on the last two successful legislative sessions, our legislative and administrative initiatives for 2012 continue to make Virginian the most veteran-friendly state in America and improve services for the brave men and women who have worn the uniform.  I propose that we provide in-state tuition for all members of the Virginia National Guard, regardless of how long they’ve lived here. They have stood up for the Commonwealth, now we need to open the doors of our colleges and universities to them. Additionally, it is unacceptable and heartbreaking that some veterans, after serving and defending their country, find themselves homeless.  We will launch a coordinated state effort led by the Department of Veterans Services, in partnership with the Department of Housing and Community Development and other state agencies that will help Virginia communities maximize new and existing resources in combating homelessness among our veterans and their families.”

Governor McDonnell continued, “In addition to improving the delivery of benefit services to Virginia Veterans and providing preplanning funds for construction of a new veterans care center in Hampton Roads, we have budgeted for four additional positions within the Department of Veterans services to identify Virginia veterans who are eligible for disability and compensation benefits and to connect them to the programs and benefits they earned.  From the state level to the local level to individuals reaching out in their communities, Virginia is truly the most veteran friendly place in the country.  Our military and veterans initiatives for 2012 will make significant strides to continue to improve services for these patriots.”

Delegate Kirk Cox said, “The military plays a significant role in the commonwealth.  It is fitting that we, in turn, make sure that we are doing everything we can at the state level to support our men and women in uniform.  The 2012 military and veterans initiatives will make it easier for service members to attend school, exercise their right to vote and improve the delivery of benefits for veterans.”

“I look forward to working with Governor McDonnell to pass this important, bipartisan legislative agenda,” said Senator Wagner.  “The agenda as a whole will improve services for our veterans and send a message to our active duty military members stationed in Virginia: We want to keep you and your expertise here in Virginia.”

First Lady Maureen McDonnell said, “Virginia’s communities are already giving so much to make Virginia the friendliest state for veterans and their families. It makes sense that our laws will reflect what so many of us know is the right way to treat these quiet heroes. I look forward to continuing my efforts and finding more opportunities for us all to support those who have sacrificed so much for the cause of freedom.”

2012 Military and Veterans Initiatives

Legislative Initiatives

In-State Tuition for Virginia National Guard (Senator Wagner and Delegate Stolle)

Ensure in-state tuition for all members of the Virginia National Guard.  Currently, members who previously resided in another state are not eligible for in-state tuition if they have not resided in Virginia for at least one-year, even though enlistment is generally a six-year commitment.  This proposal will waive the one-year residency requirement as well as the requirement to prove domiciliary intent for a member of the Virginia National Guard if he or she enlists after moving to Virginia from another state.

Hiring Preference for Virginia National Guard (Senator Garrett and Delegate Cole)

Extend the Commonwealth’s veterans hiring preference to active members of the Virginia National Guard. This proposal would require state agencies to grant active Virginia National Guard personnel, who have satisfactorily completed required initial active duty training, a preference in the Commonwealth’s hiring process for state employment.

Ensure Absentee Ballot Access for Overseas Uniformed Military (Senator Martin and Delegate Anderson)

Enable innovative solutions to assist overseas military voters who face potential complications in ballot delivery and return times.  The proposal achieves four main goals: 1) Allowing the Secretary of the State Board of Elections to develop pilot programs for secure electronic ballot delivery and return in cooperation with the Federal Voting Assistance Program, 2) Allowing secure electronic return of Federal Post Card Applications for registrations and absentee ballot requests (codifying an administrative directive), 3) Authorizing secure electronic return of voted ballots, and 4) Requiring expedited delivery in the event absentee ballots are sent late (codifying an administrative directive).

Enhance Disabled Veteran Hunting and Fishing Licenses (Senator Garrett and Delegate Yancey)

Separate the hunting and fishing components of the disabled veteran lifetime hunting and fishing licenses so the veteran is not required to purchase both in order to do one or the other.  Currently, a disabled veteran who only wishes to fish must purchase the combined license and complete the hunter safety requirement if he or she has not already done so.  Similarly, a disabled veteran who only wishes to hunt must purchase the combined license which includes fishing.  This legislation will provide better options and improve customer service.

Unclaimed Veteran Cremains (Senators Reeves and Puller and Delegates Anderson and Tata)

Provide honorable burials to veterans whose cremains are left unclaimed by family at Virginia’s funeral homes by requiring funeral directors to provide the names of unclaimed remains to the Virginia Department of Veterans Services.  The department will identify which unclaimed remains are qualified veterans and provide them with the honorable and dignified burial they deserve in one of the Commonwealth’s Veterans Cemeteries.

Board of Veterans Services Voting Rights (Delegate Dudenhefer and Senator Puller)

Strengthen the capacity of the Board of Veterans Services to fulfill the powers and duties set forth in the Code of Virginia by granting voting privileges to all ex-officio members.  This bill officially recognizes that the Chairman of the Board of Trustees of the Veterans Services Foundation and the Chairman of the Joint Leadership Council of Veterans Service Organizations are full partners in the provision of services to our veteran community.

Improving the Ratio of Veterans to Claims Agents as Funded in the Introduced Budget (Senator Reeves and Delegate K. Cox)

Changes the ratio of veterans to claims agents at the Department of Veteran Services from 26,212:1 to 23,000:1 as provided in the introduced budget with the addition of four new agents.

Budget Initiatives

Assisting Veterans with Benefits and Medical Care

Provides funding to the Department of Veterans Services to support two positions to work with the Department of Medical Assistance Services to identify Virginia veterans who are eligible for disability and compensation benefits and for medical care through the U.S. Department of Veterans Affairs but who are currently receiving Medicaid benefits.  This program will help those eligible veterans receive the benefits they are entitled to for their military service.

Virginia Homeless Veterans Initiative

Provides $197,018 each year to establish a program to reduce homelessness among Virginia veterans and their families.  A coordinated state effort led by the Department of Veterans Services, in partnership with the Department of Housing and Community Development and other state agencies, will help Virginia communities maximize new and existing resources.

Improve Delivery of Benefit Services to Virginia Veterans

Provides $127,068 each year to increase the number of claims agents to assist Virginia veterans with their claims. This will increase the number of agents by two.  Along with the two positions from the Medicaid initiative, this makes the overall ratio of veterans to agents 23,000:1, versus the present 26,212:1.  The number of claims filed each year is growing and it is expected to continue growing as veterans return home from recent deployments.

Construct Veterans Care Center in Hampton Roads

Provides $250,000 in capital preplanning funds for the construction of a new veterans care center in Hampton Roads.  Virginia has committed to providing sufficient matching funds once federal funding approval for this project has been given.  This preplanning funding will allow the Department of Veterans Services to move quickly on this project once federal funding becomes available.

Funding Assistance for Localities Affected by Base Realignment and Closure Commission Recommendations

Provides $7,500,000 in FY 2013 to assist localities affected by BRAC, including efforts to keep the Naval Air Station Oceana in the Commonwealth of Virginia.

Administrative Initiatives

Creation of a Veterans ID Card

The Department of Motor Vehicles, working with the Department of Veterans Services, will create a separate identification card that can be issued to Virginia’s veterans.  The card will serve as proof of veteran status for a number of purposes, including discounts offered by retailers, state parks, business assistance fees and others.

Improving DMV Access for Military

The Department of Motor Vehicles (DMV) is working to increase access to DMV resources for Virginia’s active duty military personnel, dependents and veterans with expanded full-service offices and DMV mobile units.

Virginia Veterans Re-employment Initiative The Deputy Commissioner of the Department of Veterans Services will work with the Virginia Employment Commission, Department of Human Resources, Department of Professional and Occupational Regulation and several other state and private organizations to advance our efforts to find employment for veterans after they discharge from service.

Virginia Student Veterans Association

The Department of Veterans Services will assist student veterans in Virginia to create the first-of-its-kind state-level student veterans association as a coordinating body for the Student Veterans of America chapters at Virginia colleges and universities.  Currently, the Student Veterans of America (SVA) is organized as a national entity, with individual chapters at colleges and universities, including several in Virginia.  The new state-level organization will work under the national SVA, with a goal of having an SVA chapter at every college and university in Virginia.  The state-level organization will also serve as a resource for student veterans, providing assistance in resolving tuition issues, G.I. Bill eligibility, and other challenges faced by student veterans.

Legislative Accomplishments

2011 Legislative Highlights:

Vital Records for Veterans and Spouses.  SB 0959 (Northam)/HB 1719 (Massie)

Provides to a veteran or his/her spouse, free of charge, one copy of vital record if that record is to be used in the determination of eligibility for state or federal veterans benefits.

  • TRICARE Supplemental Health Coverage.  SB892 (Wampler)/HB 1761 (Cox, K.)

Permits the Virginia Department of Human Resource Management to offer voluntary TRICARE supplement health coverage under the Commonwealth’s IRC Section 125 cafeteria plan.

  • In-state Tuition for Spouses of Service Members.  SB1279 (McWaters)/HB 1848 (Stolle)

Provides that a Virginia-domiciled military spouse does not forfeit domicile status for in-state tuition due to accompanying the active duty service member while stationed outside of Virginia

  • Business Licenses for Spouses of Service Members.  SB1361 (Stosch)/HB 1862 (Cosgrove)

Extends the expiration of certain licenses, certifications, registrations or other documents held by the spouse of a service member when stationed overseas

  • In-state Tuition for Veterans.  SB824 (Edwards)/HB1861 (Anderson)

Increases educational opportunity for veterans by waiving the one-year residency requirement needed to qualify for in-state tuition rates

  • Office of the Secretary of Veterans Affairs and Homeland Security.  SB 1263 (Vogel)/HB1773 (Sherwood)

Creates the Secretary of Veterans Affairs and Homeland Security, responsible to the governor for the Department of Veterans Services, Secure Commonwealth Panel, Veterans Services Foundation, Virginia Military Advisory Council and Virginia War Memorial Foundation

Click here to view all 2011 veterans legislation

2010 Legislative Highlights:

Veterans Bill of Rights. (HB 1337) (Lingamfelter)

Requires the commissioner, in conjunction with the Board of Veterans Services, to establish and implement a compact with Virginia’s veterans, which shall have a goal of making Virginia America’s most veteran-friendly state.  The bill specifies the provisions to be contained in the compact, and requires the Commissioner to include the status and progress of the compact in his annual report.

  • Constitutional Amendment; Property Tax Exemption for Certain Veterans. HB149/SB31 (O’Bannon/Puller)

Provides for a referendum at the Nov. 2, 2010, election to approve or reject an amendment requiring the General Assembly to provide a real property tax exemption for the principal residence of a veteran, or his or her surviving spouse, if the veteran has a 100 percent service-connected, permanent and total disability.

  • Exemption of Handling Fee for Veterans Opening Small Business. HB262/SB455 (Sherwood/Greason & Hurt/Stosch)

Exempts veterans from paying the Department of Business Assistance’s handling fee when establishing a small business through the one-stop small business permitting program.

  • Condominium and Property Owners’ Association Acts; Display of U.S. Flag. HB956/SB151 (Lingamfelter/Stuart)

Provides that a unit owners’ or property owner’s association shall not prohibit or otherwise adopt or enforce any policy restricting a unit or lot owner from displaying upon property to which that owner has a separate ownership interest or a right to exclusive possession or use the flag of the United States whenever such display is in compliance with the federal Flag Code. The bill also provides that the unit owners’ or property owners’ association may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag provided the restrictions are necessary to protect a substantial interest of the unit owners’ or property owners’ association. Under the bill in an action brought to enforce a rule pertaining to display of the flag, the unit owners’ or property owners’ association has the burden of proof regarding whether the rule protects a substantial interest of the association.

  • HOV Lanes; Allows Certain Military Personnel to use in Hampton Roads Regardless of Passengers. HB759/SB696 (Stolle and Villanueva/McWaters)

Allows any active duty military member in uniform to use HOV lanes, regardless of the number of passengers, on Interstate Route 264 and Interstate Route 64 for the purposes of traveling to or from a military facility in the Hampton Roads Planning District.

  • Honor and Remember Flag; State’s Emblem of Service and Sacrifice by Members of U.S. Armed Forces. HJ137 (Cosgrove, Sherwood, Hurt)

Designates the Honor and Remember Flag as the Commonwealth’s emblem of service and sacrifice by the brave men and women of the United States Armed Forces who have given their lives in the line of duty.

Click here to view all 2010 veterans legislation

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