MONTGOMERY — The House Veterans and Military Affairs Committee on Wednesday advanced the hotly-debated legislation to make the Alabama Department of Veterans Affairs (ADVA) commissioner a cabinet position while restructuring the role and authority of the State Board of Veterans Affairs (SBVA).
Senate Bill 67 (SB67) shifts the ADVA commissioner's hiring and firing responsibility to the governor. The role currently answers to the State Board of Veterans Affairs (SBVA). The bill also turns the SBVA into an “oversight” board.
Senate lawmakers heavily amended the bill during debate, resulting in an eventual substitute encompassing multiple changes, many of which were requested by some VSOs.
At Wednesday’s committee hearing, chairman State Rep. Ed Oliver (R-Dadeville), the bill’s House sponsor, presented it while vice chair State Rep. Kenneth Paschal (R-Pelham) expounded on it and its perceived benefits.
Several veterans attended the meeting. However, leadership reportedly did not permit a public hearing, which was bemoaned by some of the veterans and Eagle Forum of Alabama executive director Becky Gerritson, who was also in attendance.
Oliver did not immediately respond to a phone call from 1819 News regarding the decision not to hold a public hearing.
In answer to a lawmaker’s question, Paschal seemingly misspoke, claiming that four of the state’s nine VSOs that make board appointment recommendations had backed the bill, when, in fact, only three have come out in support of the legislation. The others have either openly opposed it or have not intimated one way or the other.
Paschal also made much of the board’s new role, which was shifted from an “advisory” role in an earlier version of the bill, now listed as an “oversight role.”
State Rep. Patrice “Penni” McClammy (D-Montgomery) questioned the substantive difference between advisory and oversight.
“An advisory role is exactly what it says; you advise, make recommendations, and so on,” Paschal responded. “Whereas oversight includes that, but it takes it to another level to include enforcement or compliance, whether it’s doing audits or so forth.”
Paschal also suggested that the SBVA had some control of funds. However, the bill lays out the board’s role and does not give it control over anything. The bill states the SBVA may “advise,” “develop policy recommendations,” “recommend initiatives,” and “assist the commissioner.” The bill does not grant the SBVA or VSOs authority to enforce rules, audit, or have any direct control of funds. Anywhere the commissioner’s duties and authority are laid out, it states that those actions can be taken “In consultation with the board.”
Committee members did not actively protest the legislation. However, when the board voted to advance the bill, it conducted a voice vote, with members declaring yeas and nays. The vote appeared to have only two or three votes in opposition.
“We made commitments that we would continue to negotiate as we go forward,” Oliver concluded. “So, I look forward to doing that over the next week or two or three or four. Let’s see what we can work out.”
The bill will now go to the House for a floor vote. The earliest the House can vote on the bill is Tuesday.
Ivey announced the legislation earlier this month at her State of the State address. The bill follows a public feud between Ivey and former ADVA commissioner Kent Davis.
In October last year, Ivey removed Davis from office. After the board voted twice to keep Davis and not accept his forced resignation, Ivey exercised her "supreme executive power" to remove him for allegedly mishandling American Rescue Plan Act funds.
Former ADVA commissioner Kent Davis has said the bill is "retaliation" for his ethics complaint against a member of Ivey's cabinet last year.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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