2021 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 4 - Veterans Affairs
Article 1 - Department of Veterans Service
§ 38-4-2. Powers; Appointment of Executive Directors of Veterans' Homes

1. The Department of Veterans Service and the Veterans Service Board are authorized:
   1. To apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit;
   2. To use the funds received from the federal government or from any other governmental unit for the purposes authorized and directed by the federal government or such other governmental unit in making the funds available;
   3. To accept and use gifts, grants, donations, and contributions of real estate, both vacant and improved, facilities, moneys, services, or other property from individuals, firms, corporations, organizations, and associations and from county and municipal corporations and their subdivisions, in addition to any funds appropriated by the state; and
   4. To construct and operate hospitals, nursing homes, nursing care homes, assisted living communities, and personal care homes for the use and care of war veterans discharged under other than dishonorable conditions and to pay the cost of construction of the hospitals, nursing homes, nursing care homes, assisted living communities, and personal care homes. The term "cost of the construction" as used in this paragraph shall embrace the cost of construction; the cost of all lands, properties, rights, and easements acquired; the cost of all machinery and equipment; and the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the construction of any hospitals, nursing homes, nursing care homes, assisted living communities, and personal care homes. The term shall also include administrative expense and such other expenses as may be necessary or incident to the construction of any hospitals, nursing homes, nursing care homes, assisted living communities, and personal care homes; the placing of the same in operation; and the condemnation of property necessary for such construction and operation.
2. 1. The executive director of the Georgia War Veterans Nursing Home in Augusta, Georgia, shall be appointed by the commissioner of veterans service upon the recommendation of the president of the Georgia Health Sciences University, subject to the approval of the Veterans Service Board.
   2. The executive director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be appointed by the commissioner of veterans service upon the recommendation of the chief executive officer of the contractor operator of the home, subject to the approval of the Veterans Service Board.

(Ga. L. 1945, p. 319, § 6; Ga. L. 1966, p. 155, § 1; Ga. L. 1991, p. 330, § 1; Ga. L. 2005, p. 1476, § 1/HB 438; Ga. L. 2006, p. 72, § 38/SB 465; Ga. L. 2011, p. 227, § 26/SB 178; Ga. L. 2011, p. 752, § 38/HB 142.)

- Regulation and construction of hospitals and other health care facilities generally, T. 31, C. 7.

Authority of Department of Veterans Service to purchase ambulance for transporting veterans among hospitals and facilities, § 50-19-5.

- Pursuant to Code Section 28-9-5, in 1991, a comma was added following "services" in paragraph (a)(3).

OPINIONS OF THE ATTORNEY GENERAL

Department is proper authority to receive federal contributions.

- Department of Veterans Service is the proper legal authority to receive gifts, grants, and other contributions from the federal government. 1945-47 Op. Att'y Gen. p. 462.

- Department of Veterans Service is not authorized to charge and collect fees for services rendered to residents of veterans' nursing homes operated by this state. 1979 Op. Att'y Gen. No. 79-5.

General Assembly intended that those veterans placed in state institutions, because of either a lack of space or a lack of appropriate services at the nursing homes, not be charged for services while in these state institutions. As the General Assembly intended that these veterans not be charged, then the General Assembly did not intend that those veterans who were actually in the nursing homes be charged. 1979 Op. Att'y Gen. No. 79-5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 3, 227 et seq. 77 Am. Jur. 2d, Veterans and Veterans' Laws, § 1 et seq.

- 6 C.J.S., Armed Services, § 283 et seq. 67 C.J.S., Officers and Public Employees, § 323 et seq.