MONTGOMERY — Legislation putting the Alabama Department of Veterans Affairs (ADVA) commissioner under the governor's control passed the Senate on Tuesday by a 21-9 margin. 

The bill was amended again on Tuesday after a vote on a previous version was delayed last week. The latest version still shifts the ADVA commissioner's hiring and firing responsibility to the governor. The role currently answers to the State Board of Veterans Affairs. 

The legislation was originally the first bill on the Senate's calendar of bills on Tuesday but was carried over at the call of the chair. Twenty-five minutes after the bill was carried over at the call of the chair, State Sen. Rodger Smitherman (D-Birmingham) began chairing the Senate after Lt. Gov. Will Ainsworth, who publicly opposed the legislation, left for the day. The bill with a new substitute amendment was then called back up for a successful vote before the Senate adjourned.

SEE ALSO: Ainsworth opposes Ivey-backed bill restructuring Alabama Department of Veterans Affairs

The bill would authorize the Governor to appoint the Commissioner to serve at the pleasure of the Governor. The bill would also revise the powers of the board to authorize the board to serve in an advisory capacity to the Commissioner and the department. The Governor would appoint members to reflect the entirety of the State's veteran community. State Sen. Andrew Jones (R-Centre) said the the board would still be made up of recommendations from the veterans service organizations currently represented on the board.

Gov. Kay Ivey has argued the bill is needed to "elevate" veterans' representation in state government. Former ADVA commissioner Kent Davis has said the bill is "retaliation" for his ethics complaint against a member of Ivey's cabinet last year. Previous versions of the bill were opposed by most veterans organizations.

"We want to elevate the commissioner of the Department of Veterans Affairs to a cabinet-level position. Someone that's fully in state government, an agency that's fully in state government that has the full resources to bear of state government. Someone that has the ear of the governor that has access to all of the governor's team and cabinet as a cabinet official him or herself. That's essential to moving us forward in becoming the most veteran friendly state in the United States," Jones told reporters on Tuesday.

State senators Tom Butler (R-Madison), Sam Givhan (R-Huntsville), Will Barfoot (R-Pike Road), Chris Elliott (R-Josephine), Vivian Figures (D-Mobile), April Weaver (R-Brierfield), Lance Bell (R-Pell City), Keith Kelley (R-Anniston), and Merika Coleman (D-Birmingham) opposed the bill.

Most of the opponents on the floor said they opposed the bill because they received the final version of the legislation five minutes before they were asked to vote on it. 

"I knew we had the votes and I've always had the philosophy that when you've got the votes, you go with it," Jones told reporters on Tuesday. 

Elliott said veterans deserved more time to look at the bill before the Senate voted on it.

"I think that they deserve the opportunity to look at this as well and I know that I deserve the opportunity to look at it and if not despite my holding you (Jones) in very high regard and what you're trying to do here and if I haven't had the time to read it I'm going to be with my colleague and be a no vote on something that might be a good thing," Elliott said on the Senate floor on Tuesday.

Figures also asked for a delay in the vote on the bill until the public and lawmakers could review the new version. 

"My people are telling me that it still makes the board an advisory board only with no real power," Figures said on the Senate floor on Tuesday.

Jones said, "There's no way to have a commissioner be a cabinet official and have him answer to the board so that's why it says 'oversight' and they continue to have oversight as is already stipulated in law over the Veterans Assistance Fund."

Figures said, "Well, maybe it doesn't need to be a cabinet position."

The bill now goes to the House for their consideration.

Ivey said in a statement, "SB67 to restructure the Alabama Department of Veterans Affairs just passed the Senate and now heads to the House." 

"Thank you, Senator Jones, for working closely with veteran groups on this legislation. I am confident it will give our veterans an even stronger voice," Ivey said.

To connect with the author of this story or to comment, email caleb.taylor@1819News.com.

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