§ 35-1-1. Creation of State Veterans Affairs Board; composition; qualifications, appointment and terms of office of members; officers; meetings.

1. 1. There is hereby created a State Veterans Affairs Board, to consist of seven (7) members, to be appointed by the Governor, one (1) from each congressional district as they existed on January 1, 1952, of the State of Mississippi. One (1) shall be appointed for one (1) year, another for two (2) years, another for three (3) years, another for four (4) years, another for five (5) years, another for six (6) years, and another for seven (7) years, thus staggered. At the end of such term for each of said seven (7) members, a successor shall be appointed for a term of seven (7) years, thus providing for seven (7) members, one (1) of whom shall be appointed each year. In the event of death, resignation or removal of a member of the board, such person appointed to fill the vacancy shall be a legal resident of the congressional district in which the vacancy shall occur, and shall serve for the remainder of the term to which such member was appointed. Members of the board shall be veterans of any war or police action in which the Armed Forces of the United States have been, are, or shall be committed for action, who have been honorably discharged or honorably released.
   2. From and after May 14, 1992, terms of all members then serving on the State Veterans Affairs Board shall terminate, and the board shall be reconstituted as follows: The board shall consist of seven (7) members. All members shall be appointed by the Governor, with the advice and consent of the Senate. One (1) member shall be appointed from each congressional district as such districts existed on March 1, 1992, and two (2) members shall be appointed from the state at large. Of the initial congressional district appointees to the board, one (1) shall serve for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years and one (1) for a term of five (5) years. Of the initial at-large appointees, one (1) (who shall be that person appointed in January 1992 from the First Congressional District under the provisions of paragraph (a) of this subsection) shall serve for a term of three (3) years and one (1) (who shall be that person appointed in January 1992 from the Seventh Congressional District under the provisions of paragraph (a) of this subsection) shall serve for a term of five (5) years. All appointees after the initial appointees shall serve for terms of five (5) years each. In the event of death, resignation or removal of a member of the board, the vacancy shall be filled by appointment of the Governor, with the advice and consent of the Senate, from the congressional district in which the vacancy occurs, for the length of the unexpired term only. Members of the board shall be honorably discharged or released veterans of any war or police action in which the Armed Forces of the United States have been, are, or shall be committed for action. No state/department commander of any federally recognized veterans organization, no national officer of any federally recognized veterans organization and no member of the Mississippi Council of Veterans Organizations shall be eligible for appointment to the board until the expiration of a period of three (3) years after the termination of their service in such disqualifying positions.
2. Members of the board shall annually elect as chairman one of their number and another member as vice-chairman. Members of the board shall hold regular monthly meetings and such other meetings as may be called by the chairman or the vice-chairman in his absence.

HISTORY: Codes, 1942, § 7486-01; Laws, 1948, ch. 504, § 1; Laws, 1952, ch. 314, § 1; Laws, 1992, ch. 535, § 1, eff from and after passage (approved May 14, 1992).

§ 35-1-3. Appointment of executive director, deputy director, managers of major functional areas, and managers of state veterans homes.

The State Veterans Affairs Board shall appoint, to serve at the will and pleasure of the board, an executive director, (who shall also serve as Executive Secretary of the State Veterans Affairs Board), a deputy director, individuals to manage each of the agency’s major functional areas and individuals to manage each of the state veterans homes. The executive director and deputy director shall be a currently serving member or honorably discharged or honorably released veteran of any active or reserve component branch of the Armed Forces of the United States. The board may establish additional minimum qualifications for agency positions.

HISTORY: Codes, 1930, §§ 7328, 7329; 1942, § 7486-02; Laws, 1926, ch. 339; Laws, 1942, ch. 322; Laws, 1948, ch. 504, § 2; Laws, 1952, ch. 314, § 2; Laws, 1960, ch. 401; Laws, 1994, ch. 425, § 1; Laws, 1995, ch. 612, § 1; Laws, 1999, ch. 476, § 1; Laws, 2001, ch. 522, § 1, eff from and after July 1, 2001; Laws, 2018, ch. 364, § 1, eff from and after passage (approved March 16, 2018).

§ 35-1-5. Compensation of members of board and staff.

The members of the State Veterans Affairs Board shall receive no salary but shall be entitled to a per diem allowance in the amount provided in Section 25-3-69 while in attendance at any regular or called meeting of the board or while in the performance of other official duties in connection with the work of the board as authorized or directed by the board. The members of the board shall receive, in addition thereto, actual and necessary expenses as provided by law in the performance of such duties.

The compensation of all employees of the board, including the executive director, deputy director and division directors, shall be paid from such monies as the Legislature shall from time to time appropriate.

HISTORY: Codes, 1930, §§ 7328, 7329, 7331; 1942, §§ 7486-01, 7486-02, 7486-05; Laws, 1926, ch. 339; Laws, 1930, ch. 93; Laws, 1942, ch. 322; Laws, 1948, ch. 504, §§ 1, 2, 5; Laws, 1952, ch. 314, §§ 1, 2, 5; Laws, 1956, ch. 350; Laws, 1958, ch. 342; Laws, 1960, chs. 282, 401; Laws, 1966, ch. 445, § 22; Laws, 1975, ch. 389; Laws, 1985, ch. 420; Laws, 1994, ch. 425, § 2; Laws, 1995, ch. 612, § 2; Laws, 1999, ch. 476, § 2, eff from and after passage (approved Mar. 29, 1999.).

§ 35-1-7. General duties and powers of board.

The duties of the State Veterans Affairs Board shall be to assist former and present members of the Armed Forces of the United States, and their dependents, in securing any benefits or privileges under any federal or state law or regulation to which they are entitled and to advise the Governor and Legislature on veterans affairs. Moreover, veterans or their dependents shall be given their choice of organizations to represent them in instances where a case is appealed, and the board shall lend its full cooperation in connection therewith.

The board and its employees shall cooperate fully with all congressionally chartered veterans organizations within the state, including servicing the power of attorney of the congressionally chartered veterans organizations upon the request of the organizations to the State Veterans Affairs Board in the prosecution of all claims on behalf of veterans. However, all powers of attorney to the State Veterans Affairs Board shall be processed first, and thereafter, powers of attorney shall be processed for veterans organizations in the ratio that the membership of the organization bears to the total number of veterans residing in Mississippi.

The State Veterans Affairs Board is designated as the “state approving agency” for the State of Mississippi. It shall be the duty of the State Veterans Affairs Board to inspect, approve and supervise schools, institutions and establishments for war orphan and veteran training as provided in Section 1771, Chapter 35, Title 38, United States Code, and in any subsequent acts passed by the Congress of the United States for the purpose of education and training of war orphans or former and present members of the Armed Forces of the United States. The State Veterans Affairs Board is authorized to employ the needed personnel to perform the duties as outlined in Section 1771, Chapter 35, Title 38, United States Code, and in any subsequent acts as enacted by the Congress of the United States, and to enter into contract with the Department of Veterans Affairs for salary and travel reimbursement for personnel employed for this purpose.

The State Veterans Affairs Board shall operate all Mississippi state veterans homes when established as authorized by Sections 35-1-19 through 35-1-29.

The State Veterans Affairs Board is authorized to adopt such policies and to prescribe such rules and regulations as it may deem necessary for the proper administration of this chapter. However, such policies and regulations shall not be in conflict with any of the provisions of this chapter.

HISTORY: Codes, 1930, § 7330; 1942, § 7486-03; Laws, 1926, ch. 339; Laws, 1942, ch. 322; Laws, 1948, ch. 504, § 3; Laws, 1952, ch. 314, § 3; Laws, 1966, ch. 534, § 1; Laws, 1980, ch. 466, § 7; Laws, 1993, ch. 426, § 1; Laws, 1994, ch. 425, § 3, eff from and after passage (approved March 16, 1994).

§ 35-1-9. Cooperation by county welfare departments.

In addition to all other duties now or hereafter imposed by law, it shall be the duty of the county departments of public welfare, to cooperate with the state veterans affairs board, and to aid all residents of the State of Mississippi who served in the military or naval forces of the United States during any war or police action in which the armed forces of the United States have been, are, or shall be committed for action, their relatives, beneficiaries or dependents, in receiving from the United States any and all compensations, hospitalization, insurance, other aid or benefits to which they may be entitled under existing or hereafter enacted laws of the United States.

This section shall not be held to repeal any existing law relative to the duties of such county departments, but shall be supplemental and cumulative thereto.

HISTORY: Codes, 1942, § 7486-09; Laws, 1944, ch. 294; Laws, 1948, ch. 504, § 9; Laws, 1952, ch. 314, § 6.

§ 35-1-11. Repealed.

Repealed by Laws, 1980, ch. 338, eff from and after July 1, 1980.

[Codes, 1942, § 7486-04; Laws, 1948, ch. 504, § 4; Laws, 1952, ch. 314, § 4]

§ 35-1-13. Seal of board.

The executive director appointed by the State Veterans Affairs Board shall have a seal which shall be in the form of a circle with the image of an eagle in the center and around the margin the words: “State Veterans Affairs Board State of Mississippi,” and under the image of the eagle the word: “Official.”

The executive director, deputy director, division directors and state veterans service officers shall affix the seal prescribed by this section to every document where the same is required by law, and to every certificate and other official paper executed by them where necessary or proper. All documents authenticated with the seal and signed by the executive director, deputy director, a division director or a state veteran service officer shall be recognized as properly attested to in the same manner as if authenticated by notaries public, summary court officials and others authorized by law to take acknowledgments. All copies of papers, copied or certified to by the executive director, deputy director, a division director or a state veterans service officer and authenticated by the seal, shall be accepted in all matters equally in like manner as the original.

HISTORY: Codes, 1930, § 7338; 1942, § 7486-07; Laws, 1930, ch. 6; Laws, 1934, ch. 167; Laws, 1948, ch. 504, § 7; Laws, 1994, ch. 425, § 4; Laws, 1995, ch. 612, § 3, eff from and after passage (approved April 7, 1995).

§ 35-1-15. Notarial powers of employees.

The executive director appointed by the State Veterans Affairs Board, the deputy director, division director and state veterans service officers shall have power to administer oaths and affirmations and to take acknowledgments anywhere within the State of Mississippi under the board’s seal of office and to perform all other duties required of notaries public.

HISTORY: Codes, 1930, § 7334; 1942, § 7486-08; Laws, 1930, ch. 6; Laws, 1934, ch. 167; Laws, 1948, ch. 504, § 8; Laws, 1994, ch. 425, § 5; Laws, 1995, ch. 612, § 4, eff from and after passage (approved April 7, 1995).

§ 35-1-17. Office.

The Department of Finance and Administration shall furnish suitable office space for the board and its employees.

HISTORY: Codes, 1930, § 7332; 1942, § 7486-06; Laws, 1926, ch. 339; Laws, 1948, ch. 504, § 6; Laws, 1994, ch. 425, § 6, eff from and after passage (approved March 16, 1994).

§ 35-1-19. Establishment of Mississippi State Veterans Home; establishment of other veterans homes.

There is hereby authorized to be established by the State Veterans Affairs Board, the Mississippi State Veterans Home on a site to be determined by the State Veterans Affairs Board, with the approval of the Bureau of Building, Grounds and Real Property Management of the Governor’s Office of General Services, when funds are made available for such purpose by any agency of the federal government or other sources. The object and purpose of the establishment of the Mississippi State Veterans Home shall be to provide domiciliary care and other related services for eligible veterans of the State of Mississippi.

One or more additional veterans homes or domiciliaries are hereby authorized to be established by the State Veterans Affairs Board on sites in northern, central or southern Mississippi, to be determined by the State Veterans Affairs Board, with the approval of the Department of Finance and Administration, when funds are made available for such purpose by any agency of the federal government or other sources. The Veterans Affairs Board shall give the three (3) regions, northern, southern and central priority as to where the veterans home shall be located, with the northern region having first priority, the southern region having the next level priority and the central region being third in order of priority. The object and purpose of the establishment of such additional homes or domiciliaries shall be to provide domiciliary care and other related services for eligible veterans of the State of Mississippi. The State Veterans Affairs Board shall not be required to obtain certificates of need to carry out the intent and purpose of this section.

HISTORY: Laws, 1980, ch. 466, § 1; Laws, 1985, ch. 307; Laws, 1993, ch. 426, § 2, eff from and after passage (approved March 22, 1993).

§ 35-1-21. Governing authority; operation and maintenance; purchase of services, commodities, etc., from federal government; State Veterans Affairs Board authorized to operate and maintain state veterans homes without contracting for management purposes with any nongovernmental entity or United States Department of Veterans Affairs; board authorized to hire administrators and other personnel; State Department of Health to conduct certification survey of veterans home in Collins.

1. Upon the establishment of the Mississippi State Veterans Home, and any additional homes as may be established, the Mississippi State Veterans Affairs Board is hereby designated as the governing authority of any such facilities. The operation and maintenance of all veterans homes shall meet the standards of the United States Department of Veterans Affairs with regard to the operation of state veterans homes.
2. The State Veterans Affairs Board may contract with nongovernmental entities or the United States Department of Veterans Affairs to operate state veterans homes. The board may contract with the vendor whose proposal is most advantageous to the state and veterans, taking into consideration cost factors, program suitability factors, management plan, delivery of care and service to residents, excellence of program design, key personnel, corporate or company resources, financial condition of the vendor, corporate experience and past performance, and any other requirements deemed necessary by the board and expressed in its solicitation for proposals. Contract(s) awarded under this section may be for periods exceeding one (1) year. The board is not required to select the vendor offering the lowest cost proposal but shall select the vendor who, in the board’s discretion, offers the proposal most advantageous to the State of Mississippi and veterans. When any contract is awarded, the reason(s) for the awarding of the contract shall be entered on the minutes of the board. The provisions of this paragraph shall supersede any rule or regulation of the State Personnel Board to the contrary.
3. The State Veterans Affairs Board may, as permitted by federal laws or regulations, purchase from the United States Department of Veterans Affairs, from contracts established by the United States Department of Veterans Affairs, or through other sharing agreements between the board and the United States Department of Veterans Affairs, services, commodities, supplies and equipment for use in operation of, and provision of care to residents of, the state veterans homes when such purchases or agreements are advantageous to the veterans and the state.
4. The State Veterans Affairs Board may operate and maintain the state veterans homes without entering into any contract for management purposes with any nongovernmental entity or the United States Department of Veterans Affairs to operate the homes. In such instances, the State Veterans Affairs Board shall be solely responsible for the operation and maintenance of the state veterans homes and shall hire the administrators and all other personnel for the veterans homes. The mission of the State Veterans Affairs Board in managing the state veterans homes shall be to provide domiciliary care and other related services for eligible veterans in the most cost efficient manner.
5. The State Department of Health shall perform an initial certification survey of the State Veterans Home in Collins, Mississippi, on or about July 1, 2000. The purpose of this initial survey is to provide a baseline for measuring the quality of care during the period for which this section applies. In addition to the initial certification survey, the State Department of Health shall, as appropriate and in its discretion, conduct periodic follow-up certification surveys, during the period for which this section applies, of the State Veterans Home in Collins, Mississippi.

HISTORY: Laws, 1980, ch. 466, § 2; Laws, 1993, ch. 426, § 3; Laws, 1995, ch. 612, § 5; Laws, 1996, ch. 362, § 1; Laws, 2000, ch. 312, § 1; Laws, 2002, ch. 338, § 1, eff from and after July 1, 2002.

§ 35-1-23. Acceptance and use of federal funds.

The Mississippi State Veterans Home and additional homes authorized by Section 35-1-7 and Sections 35-1-19 through 35-1-29 are authorized to accept funds from any source whatever, including the federal government or any department or agency thereof. All such funds received by the veterans home including funds from the United States or any federal agency or program for the support of persons housed or buried on the grounds of the Mississippi State Veterans Home and additional homes shall be used by the State Veterans Affairs Board to pay maintenance, operational and administrative expenses and to further the object and purpose of the Mississippi State Veterans Home and additional homes.

HISTORY: Laws, 1980, ch. 466, § 3; Laws, 1993, ch. 426, § 4, eff from and after passage (approved March 22, 1993).

§ 35-1-25. Determination of staffing needs; purchasing of equipment.

It shall be the duty of the Mississippi State Veterans Affairs Board to determine the need and, within available funds for such purpose, to provide adequate staffing to operate the Mississippi State Veterans Home and such additional homes as may be constructed. The board is authorized, within available funds for such purpose, to purchase such equipment as necessary to facilitate the establishment and operation of the veterans homes.

HISTORY: Laws, 1980, ch. 466, § 4; Laws, 1993, ch. 426, § 5, eff from and after passage (approved March 22, 1993).

§ 35-1-27. Standards for admissions and dismissals; rules and regulations; funds paid by state veterans homes residents for their monthly expenses at veterans homes to be considered special funds held in fiduciary capacity for their benefit.

The Mississippi Veterans Affairs Board shall determine and set conditions and standards for admission and dismissal of all persons to and from the Mississippi State Veterans Home and such additional homes as may be constructed. In addition, the board shall promulgate such rules and regulations as it deems necessary for the government of the Mississippi State Veterans Home and such additional homes as may be constructed. Such rules and regulations shall include the establishment of rates for patient care within the patient’s ability to pay. All funds paid to the board by the veteran residents of state veterans homes to fund their monthly expenses at the state veterans homes shall be considered to be special funds held in a fiduciary capacity for the benefit of the residents of the state veterans homes.

HISTORY: Laws, 1980, ch. 466, § 5; Laws, 1993, ch. 426, § 6; Laws, 2008, ch. 361, § 2; Laws, 2011, ch. 506, § 7, eff from and after passage (approved Apr. 26, 2011.).

§ 35-1-29. Acceptance and use of gifts and donations.

The Mississippi State Veterans Affairs Board is empowered to receive and accept gifts or donations, or both, for the benefit of the Mississippi State Veterans Home and such additional homes as may be constructed, and the same shall be used for carrying out the object and purpose of the veterans homes.

HISTORY: Laws, 1980, ch. 466, § 6; Laws, 1993, ch. 426, § 7, eff from and after passage (approved March 22, 1993).

§ 35-1-31. Mississippi State Veterans’ Home in Jackson designated as “The General Hilton R. ‘Jack’ Vance Mississippi State Veterans’ Home.”

The Mississippi State Veterans’ Home located in Jackson, Mississippi, shall be renamed the General Hilton R. “Jack” Vance Mississippi State Veterans’ Home. The State Veterans’ Affairs Board shall prepare a distinctive plaque, to be placed in a prominent place within the General Hilton R. “Jack” Vance Mississippi State Veterans’ Home, which states the background, accomplishments and service to the state of General Hilton R. “Jack” Vance.

HISTORY: Laws, 2005, ch. 319, § 1, eff from and after passage (approved Mar. 14, 2005.).

§ 35-1-32. Mississippi State Veterans’ Home in Kosciusko, Mississippi, designated as the “Brigadier General Martha Jo Leslie Mississippi State Veterans’ Home.

The Mississippi State Veterans’ Home located in Kosciusko, Mississippi, shall be renamed the “Brigadier General Martha Jo Leslie Mississippi State Veterans’ Home.” The State Veterans’ Affairs Board shall prepare a distinctive plaque, to be placed in a prominent place within the Brigadier General Martha Jo Leslie Mississippi State Veterans’ Home, which states the background, accomplishments and service to the state of Brigadier General Martha Jo Leslie.

HISTORY: Laws, 2013, ch. 392, § 1, eff from and after passage (approved Mar. 20, 2013.).

§ 35-1-33. Repealed.

Repealed by Laws of 2010, ch. 306, § 1, effective from and after passage, (approved February 24, 2010.)

§35-1-33. [Laws, 2008, ch. 361, § 1, eff from and after passage (approved Mar. 31, 2008.)]

§ 35-1-41. Establishment, operation and maintenance of the Mississippi Veterans Memorial Cemetery; authorization to establish additional veterans cemeteries; eligibility for burial; administration; applications for burial; receipt of federal aid; Mississippi Veterans Cemetery Fund.

1. 1. The State Veterans Affairs Board is authorized to establish, operate and maintain a Mississippi veterans cemetery in this state, which shall be known as the “Mississippi Veterans Memorial Cemetery.”
   2. The State Veterans Affairs Board is authorized to establish, operate and maintain additional veterans cemeteries in this state.
2. The State Veterans Affairs Board has the primary responsibility for verifying eligibility for interment in the veterans cemeteries. Eligibility criteria for interment in the cemeteries is the same as required for interment in a national cemetery as provided by federal law and rules and regulations applicable thereto.
3. The cemeteries shall be under the control and administration of the State Veterans Affairs Board.
4. Applications for interment in the cemeteries shall be processed in accordance with rules and regulations promulgated by the State Veterans Affairs Board.
5. The State Veterans Affairs Board is designated as the agency of this state to receive federal aid under Title 38 USCS, as amended, and is authorized to receive funds from the United States Department of Veterans Affairs or any other agency of the United States authorized to grant or expend funds to assist a state in establishing, operating and maintaining veterans cemeteries. The board is authorized to receive gifts, contributions, bequests and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. All funds received by the board pursuant to this subsection shall be deposited into a special fund, hereby created and known as the “Mississippi Veterans Cemetery Fund,” and shall be expended to establish, operate and maintain veterans cemeteries in this state. The State Veterans Affairs Board is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this section.

HISTORY: Laws, 2004, ch. 545, § 10; Laws, 2008, ch. 335, § 1; Laws, 2012, ch. 401, § 1, eff from and after July 1, 2012.

§ 35-1-43. Establishment, operation and maintenance of Mississippi Persian Gulf War Memorial; purpose of memorial; Mississippi Persian Gulf War Memorial Fund.

1. The State Veterans Affairs Board may establish, operate and maintain a Mississippi Persian Gulf War Memorial on the grounds of the Mississippi Veterans Memorial Cemetery in Newton County, Mississippi. The purpose of the memorial is to honor and commemorate the sacrifices and service of United States Armed Forces personnel from Mississippi who have served or will serve in the Persian Gulf War between August 2, 1990, and the date on which the conflict is declared to be over, as established by law or presidential proclamation.
2. The State Veterans Affairs Board is designated the agency of this state to receive any aid or funds from any source for the purpose of establishing, operating and maintaining the Persian Gulf War Memorial. The board may receive gifts, contributions, bequests and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue.
3. There is created in the State Treasury a special fund to be known as the “Mississippi Persian Gulf War Memorial Fund.” All funds received by the board under subsection (2) must be deposited into the special fund and expended by the board to establish, operate and maintain the Mississippi Persian Gulf War Memorial.

HISTORY: Laws, 2010, ch. 356, § 2, eff from and after passage (approved Mar. 15, 2010.).

§ 35-3-1. Donation of land by municipality or county for veterans hospital, soldiers home, etc.

Any municipality or county in the State of Mississippi now owning or hereafter acquiring any land for public purposes may convey and grant said land to the United States of America, its successors or assigns, or to the State of Mississippi, upon and for any consideration deemed sufficient by the mayor and councilmen or aldermen of such municipality or the supervisors of a county when the purposes of the United States of America or the State of Mississippi in acquiring the land is to use same as a site for a veterans hospital or soldiers home or any other purpose connected with the care and attention of the veterans of the various wars of the United States.

HISTORY: Codes, 1942, § 7512; Laws, 1931, ch. 9; Laws, 1993, ch. 426, § 8, eff from and after passage (approved March 22, 1993).

§ 35-3-3. Acquisition of land by municipality or county for veterans hospital, soldiers home, etc.; issuance of bonds or notes.

Any municipality or county in the State of Mississippi, within the confines of which or adjacent thereto, there has been built or authorized to be built by the government of the United States of America or the State of Mississippi, any veterans hospital, or veterans or soldiers home, is hereby authorized, within the discretion of the mayor and board of councilmen of such municipality or board of supervisors of a county, to appropriate from any funds on hand a sufficient amount with which to purchase lands or construct buildings and other improvements needed by the government of the United States of America or the State of Mississippi in the operation of any such hospital or soldiers or veterans home. If it be necessary for the lands needed by the United States of America or the State of Mississippi to be condemned by the United States of America or the State of Mississippi, under a declaration of taking, then any such municipality or county, in the discretion of the mayor and board of councilmen of such municipality or board of supervisors of a county, shall be authorized to pay into the register of any court in which said proceedings are pending such amount as may be designated by the United States of America or the State of Mississippi in its petition or declaration of taking, in which event said moneys shall become the property of the owners of said land after due legal process is had. Such municipality or county shall be responsible for any further or additional amounts adjudged in any such proceedings against the United States of America or the State of Mississippi, including all costs of the proceedings.

The purpose for which the above appropriation is authorized is hereby declared a public purpose, for the welfare of citizens of this state, to wit, veterans of all of the wars of the United States of America.

For the purpose of securing funds to carry out the purposes of this chapter, the governing authorities of such municipality, town or county are hereby authorized and empowered, in their discretion, to issue bonds or negotiable notes for the purpose of acquiring by purchase, gift or lease real estate for the purpose herein authorized. Such bonds or notes shall be issued in an amount not to exceed the limitation now or hereafter imposed by law on municipalities or towns or counties, and shall be issued in all respects including interest rate, maturities and other details as is now or may hereafter be provided by general law regulating the issuance of bonds or notes by the corporate authorities of such municipality or town, and the board of supervisors of such county.

HISTORY: Codes, 1942, § 7513; Laws, 1932, ch. 233; Laws, 1993, ch. 426, § 9, eff from and after passage (approved March 22, 1993).

§ 35-3-5. Furnishing of quarters for veterans’ organizations; issuance of bonds or notes.

1. The governing authorities of any municipality, town or county in the state may, in its discretion, rent, lease, purchase or construct a building or buildings to house the units of the various congressionally chartered veteran’s organizations and the auxiliaries of such organizations, and the records of such organizations and their auxiliaries, and may, where necessary, acquire land by purchase, lease or otherwise for the purpose of constructing such building or buildings.
2. The expenses authorized by subsection (1) of this section may be paid by such municipality, town or county out of any available funds.
3. For the purpose of securing funds to carry out subsection (1) of this section, the governing authorities of such municipality, town or county are hereby authorized and empowered in their discretion to issue bonds or negotiable notes for the purpose of acquiring by purchase, gift or lease real estate for the purposes herein authorized, and also for owning, erecting, building, establishing, and maintaining such buildings herein authorized, and to remodel or repair any such building. Such bonds or notes shall be issued in an amount not to exceed the limitation now or hereafter imposed by law on municipalities or counties or towns, and shall be issued in all respects including interest rate, maturities and other details as is now or may hereafter be provided by general law regulating the issuance of bond or notes by the corporate authorities of such municipality or town, and the board of supervisors of such county.

HISTORY: Codes, 1942, § 7513-01; Laws, 1944, ch. 177, §§ 1-3, eff June 30, 1944.

§ 35-3-7. Performance of functions of notaries public by post service officers.

Each of the several post service officers of the nationally chartered veteran organizations in the State of Mississippi shall have power to administer oaths and affirmations and to take acknowledgments anywhere in the State of Mississippi under the official seal of office of any such post, and to perform all other duties required of notaries public in connection with matters affecting the veterans of all wars, their heirs and dependents, in claims against the United States government, but for no other purpose. There shall be no charge for the performance of this service. No bond shall be required and the commission shall be issued by the secretary of state and the governor without charge.

Such post service officers shall affix the official seal of their respective posts to each document where the same is required by law, and to each certificate and other official paper executed by them where necessary or proper. All documents authenticated with said seal and signed by any such post service officer shall be recognized as properly attested to in the same manner as if authenticated by notaries public or others authorized by law to take acknowledgments. All copies of papers certified to by any such post service officer and authenticated by said seal shall be accepted in all matters equally in like manner as the original. The official seal of each post shall contain therein the name of the nationally chartered veteran organization. The name and number of the post and the commission of each post service officer shall be approved by the board of supervisors in the county where he resides, and enrolled upon the minutes of said board of supervisors before said post service officer shall be qualified to act.

Any post service officer who shall abuse the privilege granted by this section shall be guilty of a misdemeanor and on conviction thereof shall be fined in a sum not to exceed One Hundred Dollars ($100.00) or imprisoned in the county jail not to exceed thirty days, or be both so fined and imprisoned. In addition thereto he shall be removed from office.

HISTORY: Codes, 1942, § 7514; Laws, 1932, ch. 309; Laws, 1948, ch. 506.

§ 35-3-9. Furnishing of free copies of birth and death certificates.

When requested by the veterans administration, state veterans affairs board, any holder of a power of attorney from a veteran or his claimant, or any recognized veteran service officer, the bureau of vital statistics of the State of Mississippi shall furnish to such organizations or officers, without charge, copies of birth and death certificates when the same are needed to establish claims for dependency, disability or survivors’ benefits for any veterans who are legal residents of the State of Mississippi, or their claimants.

HISTORY: Codes, 1942, § 7515; Laws, 1932, ch. 128; Laws, 1954, ch. 316.

§ 35-3-11. Furnishing of free copies of records of chancery and circuit courts.

When requested by the veterans administration, state veteran affairs board, any holder of a power of attorney from a veteran or his claimant, or any recognized veterans service officer, the chancery clerks and circuit clerks of all counties of the State of Mississippi shall, upon application by such organizations or officers, furnish, without charge, certified copies of marriage licenses, divorce decrees, adoption decrees, and any and all other records when the same are needed to establish claims for dependency, disability or survivors’ benefits for any veterans who are legal residents of the State of Mississippi, or their claimants.

HISTORY: Codes, 1942, § 7515.5; Laws, 1954, ch. 315.

§ 35-3-13. Recordation without cost of honorable discharges and service certificates.

All chancery clerks, of all counties of the State of Mississippi, shall record, without any cost whatsoever to any person of the Armed Forces of the United States residing in the same county as the chancery clerk, all honorable discharges and all certificates of service of any and all members of the Armed Forces of the United States of America who have served in the Armed Forces of the United States, including the army, navy and marine, coast guard and nurses corps.

The board of supervisors of all counties shall furnish to the chancery clerk all necessary supplies and equipment for the recording of these instruments, and allow out of the general fund of the county the sum of One Dollar ($1.00) for recording the discharge certificate. All certified copies will be furnished free without cost either to the soldier, sailor, marine, coast guardsman, nurse or the county.

The chancery clerk of all counties shall keep a record of all honorable discharges and certificates of discharge in a separate record safeguarded and protected from theft, and definitely marked “Record of Discharged Members of the Armed Forces.” The chancery clerk shall furnish certified copies of the discharge or discharge certificate of any veteran when so requested by the veteran, his dependents or his authorized representative; however, before furnishing any copy of the discharge or discharge certificate, the chancery clerk must verify the identity and relationship to the veteran of the person requesting the copy and must obtain and maintain on file a signed consent for the release of information from the veteran, dependent or authorized representative.

HISTORY: Codes, 1942, § 7516; Laws, 1942, ch. 191; Laws, 1944, ch. 164, § 1; Laws, 1994, ch. 521, § 38; Laws, 2002, ch. 609, § 2, eff from and after July 1, 2002.

§ 35-3-15. Acquisition of surplus federal or other property for use in training returned veterans.

The governor of the State of Mississippi is hereby authorized to execute contracts with the United States of America, or any proper federal agency, for the purpose of obtaining for the State of Mississippi any and all kinds of surplus government property to be used by the various educational institutions of the State of Mississippi for the purpose of training returned veterans of the armed services under the G.I. bill of rights.

The governor of the State of Mississippi is hereby authorized to accept in the name of the State of Mississippi any and all property of every kind, character and description which may be used by the proper educational institutions of the State of Mississippi for the purpose of training returned veterans of the armed services of the United States, particularly under the G.I. bill of rights as passed by the national congress.

HISTORY: Codes, 1942, § 7516.3-02; Laws, 1946, ch. 206, §§ 1, 2.

§ 35-3-17. Governor to designate educational institutions for education of returned veterans under G. I. bill of rights.

Whenever the governor of the State of Mississippi has received and executed necessary contracts with the United States of America, or any agency thereof, turning over to the State of Mississippi any facilities of the United States, or any agency thereof, to be used for training, developing or educating returned veterans under the G.I. bill of rights, the governor shall then designate the institution of higher learning, or public junior college, or other qualified educational institution to take charge of, control and manage the same for such purposes.

Any such institution of higher learning, or public junior college, or other qualified educational institution so designated by the governor, is hereby authorized and empowered to accept the facilities and to control, care for and manage the same.

HISTORY: Codes, 1942, § 7516.3-01; Laws, 1946, ch. 249, §§ 1, 2.

§ 35-3-19. Investments and loans by financial institutions.

Any bank, savings bank, trust company, insurance company, building and loan association or credit union is hereby authorized to invest its funds and monies, eligible for investment, in notes, bonds or other obligations secured by mortgage, deed of trust, or other lien on real property, title to which is fee simple or leasehold, or on personal property, in which except as to value of the property securing the lien, the priority of the lien thereon securing the obligation and the maturity thereof, and the quality of the title thereto, it is otherwise lawful for such investor to invest its funds, if the entire amount of the indebtedness is insured or guaranteed by the United States, or, if not so wholly insured or guaranteed, the difference between the entire amount of such indebtedness and that portion thereof which is insured or guaranteed by the United States does not exceed the amount permissible under the applicable law of this state, and meets the requirements thereof as to value of property and priority of lien. Any such lender except an insurance company may make an unsecured loan not exceeding $1,000.00 to an eligible veteran if at least one-half thereof is guaranteed pursuant to the Servicemen’s Readjustment Act of 1944, as amended by the act of Congress approved December 28, 1945, being Chapter 588 of the first session of the 79th Congress.

HISTORY: Codes, 1942, § 7516.5-01; Laws, 1946, ch. 360, § 1.

§ 35-3-21. County veteran service offices and officers.

In order to maintain offices and pay personnel for the purpose of assisting all residents of the State of Mississippi who served in the military or naval forces of the United States during any war, their relatives, beneficiaries or dependents, to receive from the United States any and all compensation, hospitalization, insurance or other aid or benefits to which they may be entitled under existing or hereafter enacted laws of the United States, the boards of supervisors in the various counties in the state are hereby authorized and empowered, in their discretion, to expend out of the general county fund, or special veterans’ fund herein authorized to be set up, or from both of such funds, such monies necessary to defray the office operating expenses and salary of the county veteran service officers.

Two (2) or more counties may, upon resolution duly adopted by the board of supervisors of each of such counties, agree to establish one (1) veteran service office for all of such counties. When two (2) or more counties enter into such an agreement, each county shall pay such amount mutually agreed upon and duly adopted by resolution of the respective boards of supervisors.

County veteran service officers shall be (a) honorably discharged or honorably released veterans of any war or police action in which the Armed Forces of the United States have been, are or shall be committed for action; (b) the surviving spouse or child of any such deceased veteran; or (c) any person employed as a county veteran service officer in any county of this state on March 30, 1990. From and after July 1, 1990, county veteran service officers shall be certified by the Mississippi State Veterans’ Affairs Board which, among any other criteria it may establish, shall require such officers to (a) attend at least one (1) of the two (2) annual training programs provided for such officers and (b) successfully complete a written examination each year on the duties and responsibilities of and assistance available to such officers and veterans. The programs shall be developed by the State Veterans’ Affairs Board. The program shall include a period of instruction which shall be not more than three (3) days for veteran service officers receiving initial certification, and not more than two (2) days for veteran service officers being recertified. County veteran service officers who annually receive and complete such instruction in a manner satisfactory to the Veterans’ Affairs Board and in accordance with this section shall be certified by the board. No county veteran service officer shall be entitled to receive any compensation for his services, to which he is otherwise entitled by law, unless he is annually certified by the board.

County veteran service officers may be employed, in the discretion of the boards of supervisors, either full time or part time.

The boards of supervisors of the various counties are further authorized and empowered to pay all necessary and actual expenses of county veteran service officers who attend a school of instruction within the State of Mississippi for such county veteran service officers.

It shall also be the duty of the boards of supervisors to aid the United States to defeat all unjust claims for aid or benefit therefrom.

Such expenditures may be made by the several counties acting alone, or in cooperation with other counties, and in cooperation with any federal or state agency carrying out such purposes.

In the event that the general revenues of the county levied under and within the limits of existing taxing statutes are not sufficient to pay the expenses authorized herein, the board of supervisors may, in its discretion, levy an additional tax not to exceed one (1) mill on all taxable property in the county to defray such expenses or any part thereof. Any tax levy made under authority of this chapter shall not be considered in refunding homestead exemption losses under Title 27, Chapter 33, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 7519.7; Laws, 1946, ch. 221, § 6; Laws, 1948, ch. 500, § 6; Laws, 1950, ch. 465, § 6; Laws, 1966, ch. 536, § 1; Laws, 1968, ch. 480, § 1; Laws, 1976, ch. 444; Laws, 1977, ch. 358; Laws, 1980, ch. 472; Laws, 1983, ch. 399; Laws, 1990, ch. 504, § 1; Laws, 1991, ch. 342 § 1; Laws, 1996, ch. 399, § 1, eff from and after passage (approved March 19, 1996); Laws, 2018, ch. 313, § 1, eff from and after July 1, 2018.

§ 35-3-23. Repealed.

Repealed by Laws, 1982, § 5, eff from and after July 1, 1982.

[Codes, 1942, § 6189-31; Laws, 1968, ch. 479, § 1; Laws, 1978, ch. 484, § 50]

§ 35-3-24. War veterans memorial commission; membership; appointment; term of office; filling of vacancies; legislators and state personnel ineligible.

There is hereby created a war veterans memorial commission, which is hereby charged with the duty of carrying out the provisions as hereinafter set forth, and it shall be referred to in the succeeding sections hereof as the “commission.” The commission shall consist of seven (7) commissioners, one (1) member each from the American Legion, the Veterans of Foreign Wars, Disabled American Veterans, American Ex-Prisoners, of War, Veterans of World War I, Sons of Confederate Veterans, and the Mississippi National Guard. The commissioners shall be appointed by the governor on the recommendation of the state executive governing body of each respective organization entitled to a member of the commission. The initial terms of the members shall be as follows, to be designated by the governor at the time of appointment: (a) two (2) members shall be appointed for terms of two (2) years each; (b) two (2) members for terms of four (4) years each; (c) two (2) members for terms of six (6) years each; and (d) the member from the American Ex-Prisoners of War for a term of four (4) years. Thereafter, each term shall be for six (6) years or until a successor in office has been appointed and qualified. In the event of any vacancy on the commission, the governor shall, within thirty (30) days, designate a successor in the same manner as the original appointment was made. No member of either branch of the legislature nor any state officer or employee shall serve on the commission.

HISTORY: Laws, 1982, ch. 312, § 1; Laws, 1983, ch. 307, eff from and after passage (approved February 22, 1983).

§ 35-3-25. Repealed.

Repealed by Laws, 1978, ch. 484, § 51, eff from and after July 1, 1979.

[Codes, 1942, § 6189-32; Laws, 1968, ch. 479, § 2]

§ 35-3-26. Organization of war veterans memorial commission; officers; records; meetings; quorum; members not compensated.

Within thirty (30) days after appointment of the commissioners, an organizational meeting of the commission shall be held at the War Veterans Memorial Building at which there shall be elected a chairman, vice-chairman and secretary to serve during the terms of office of the commissioners. Minutes of the meetings of the commission shall be kept in a well-bound book and, along with all other records and papers, shall remain in the custody of the secretary of the commission. The commission shall fix a regular meeting time and place. A majority of the commission shall constitute a quorum for the transaction of business, but less than a quorum shall have the power to adjourn the commission from time to time until a quorum shall be present. All actions taken or rules and regulations adopted by the commission shall be by resolution duly spread upon its minutes, showing yea and nay votes of each commissioner present. The signature of the chairman and secretary, pursuant to a duly adopted resolution, shall be binding upon the commission.

The members of the war veterans memorial commission shall receive neither salary, per diem nor expenses.

HISTORY: Laws, 1982, ch. 312, § 2, eff from and after July 1, 1982.

§ 35-3-27. Duties of war veterans memorial commission.

The duties of the commission shall be as follows:

To recommend to the capitol commission the allocation of office space in the War Veterans Memorial Building;

To promote the observation of Armistice Day in all the public schools in the State of Mississippi by appropriate exercises;

To plan and conduct at the War Veterans Memorial Building and other appropriate places in the State of Mississippi ceremonies honoring the war dead of the State of Mississippi on Armistice Day and on other anniversary days designated by the commission;

To supervise the maintenance and preservation of Mississippi’s acre in the Honor Grove of Freedom’s Foundation at Valley Forge; and

To operate the Mississippi Military Museum located in the War Memorial Building.

HISTORY: Codes, 1942, § 6189-33; Laws, 1968, ch. 479, § 3; Laws, 1982, ch. 312, § 3, eff from and after July 1, 1982.

§ 35-3-29. Use or display of name or image of member of armed forces killed in active duty; permission of family required.

Any person or group that wishes to display on signs, goods or clothing the name or image of any member of the United States Armed Forces who was killed while on active duty shall first obtain the written consent for that display from the family of the deceased.

HISTORY: Laws, 2006, ch. 591, § 2, eff from and after July 1, 2006.

§ 35-5-1. Short title.

This chapter may be cited as the “Uniform Veterans’ Guardianship Law.”

HISTORY: Codes, 1930, § 7352; 1942, § 7509; Laws, 1930, ch. 204.

§ 35-5-3. Definitions.

As used in this chapter:

The term “person” includes a partnership, corporation or an association.

The term “bureau” means the United States Veterans’ Bureau or its successor.

The terms “estate” and “income” shall include only moneys received by the guardian from the bureau and all earnings, interest and profits derived therefrom.

The term “benefits” shall mean all moneys payable by the United States through the bureau.

The term “director” means the director of the United States Veterans’ Bureau or his successor.

The term “ward” means a beneficiary of the bureau.

The term “guardian” as used herein shall mean any person acting as a fiduciary for a ward.

HISTORY: Codes, 1930, § 7335; 1942, § 7493; Laws, 1930, ch. 204.

§ 35-5-5. Petition for appointment of guardian.

Whenever, pursuant to any laws of the United States or regulation of the bureau, the director requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner hereinafter provided.

A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty days after mailing of notice by the bureau to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state.

The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable by or through the bureau and shall set forth the amount of moneys then due and the amount of probable future payments.

The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.

In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent on examination by the bureau in accordance with the laws and regulations governing the bureau.

HISTORY: Codes, 1930, §§ 7336, 7338; 1942, §§ 7494, 7496; Laws, 1930, ch. 204.

§ 35-5-7. Evidence of necessity for appointment of guardian of minor.

Where a petition is filed for the appointment of a guardian of a minor ward, a certificate of the director, or his representative, setting forth the age of such minor as shown by the records of the bureau and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the bureau, shall be prima facie evidence of the necessity for such appointment.

HISTORY: Codes, 1930, § 7339; 1942, § 7497; Laws, 1930, ch. 204.

§ 35-5-9. Evidence of necessity for appointment of guardian of mental incompetent.

Where a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the director, or his representative, setting forth the fact that such person has been rated incompetent by the bureau on examination in accordance with the laws and regulations governing such bureau, and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person by the bureau, shall be prima facie evidence of the necessity for such appointment.

HISTORY: Codes, 1930, § 7340; 1942, § 7498; Laws, 1930, ch. 204.

§ 35-5-11. Notice of petition for appointment of guardian.

Upon the filing of a petition for the appointment of a guardian, under the provisions of this chapter, the court shall cause such notice to be given as provided by law.

HISTORY: Codes, 1930, § 7341; 1942, § 7499; Laws, 1930, ch. 204.

§ 35-5-13. Appointment of guardian; bond; sureties.

Before making an appointment under the provisions of this chapter the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The said bond shall be in the form and be conditioned as required of guardians appointed under the guardianship laws of this state. The court shall have the power from time to time to require the guardian to file an additional bond.

Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.

HISTORY: Codes, 1930, § 7342; 1942, § 7500; Laws, 1930, ch. 204.

§ 35-5-15. Repealed.

Repealed by Laws, 1973, ch. 332, § 1, eff from and after passage (approved March 20, 1973).

[Codes, 1930, § 7337; 1942, § 7495; Laws, 1930, ch. 204]

§ 35-5-17. Filing of annual accounts and other proceedings by guardian.

Every guardian who shall receive on account of his ward any moneys from the bureau shall file with the court annually, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys so received by him, of all disbursements thereof, and showing the balance thereon in his hands at the date of such account and how invested. All accounts and petitions shall be filed with the clerk in duplicate and a certified copy of each of such accounts or petitions filed with the court shall be immediately forwarded by the chancery clerk to the bureau having jurisdiction over the area in which such court is located. The clerk in the certificate shall certify that a copy of same is being mailed to the said bureau, and after same has been mailed, the clerk of the court shall enter upon the records where the case is pending a notation that a copy of said petition or account has been forwarded by mail to the said bureau. Said mailing and said certificate shall have been performed and notation made on the docket thirty days before said matter shall be taken up for hearing by the court unless said notice shall be waived by the bureau.

After hearing on all accounts or other matters it shall be the duty of the guardian to furnish certified copies of all orders entered to the state office of the bureau.

HISTORY: Codes, 1930, § 7343; 1942, § 7501; Laws, 1930, ch. 204; Laws, 1935, ch. 43.

§ 35-5-19. Filing of vouchers by financial institutions.

In any annual or final account or other proceedings under this chapter, whenever an accounting to the court is required, in the event that the account shall be presented by a bank or trust company which is subject to the supervision of the department of bank supervision of the State of Mississippi or of the comptroller of the currency of the United States, and such account, or the petition for the approval of same, shall contain a statement under oath by an officer of said bank or trust company showing that the vouchers covering the disbursements in the account presented are on file with the said bank or trust company, such bank or trust company shall not be required to file vouchers. The court, however, on its own motion, or on motion of the administrator of veterans affairs, or his duly authorized representative or attorney, may require that said vouchers be produced for examination and inspection.

HISTORY: Codes, 1942, § 7501.5; Laws, 1960, ch. 217, § 12.

§ 35-5-21. Removal of guardian for failure to file account.

If any guardian shall fail to file any account of the moneys received by him from the bureau on account of his ward within thirty days after such account is required by either the court or the bureau, or shall fail to furnish the bureau a copy of his accounts as required by this chapter, such failure shall be grounds for removal.

HISTORY: Codes, 1930, § 7344; 1942, § 7502; Laws, 1930, ch. 204.

§ 35-5-23. Compensation of guardians.

In the final account the court or chancellor in vacation shall make an allowance to the guardian for his services not to exceed five percent (5%) on the value of the estate which shall be equitably prorated where the guardianship has been administered by two (2) or more guardians, except as hereinafter provided. In the event of extraordinary services rendered by such guardian the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the bureau in the manner provided by Section 35-5-17. In annual or partial accounts the court or chancellor may allow a guardian a reasonable commission for his services based upon the amount of disbursements, or, in proper cases where the amount based on disbursements would be inadequate, on the amount received or invested, or the total value of the estate as in other cases of guardianship, but not to exceed the maximum hereinabove provided for, except that in any event the court or chancellor in vacation, in its discretion may allow a minimum commission of One Hundred Dollars ($100.00) per annum. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond. The guardian’s attorney may be allowed from the estate of the ward a reasonable attorney’s fee for legal services to the estate or to the ward, if the court be of the opinion that the services were proper and rendered in good faith, the amount of the fee to be in the discretion of the court.

HISTORY: Codes, 1930, § 7345; 1942, § 7503; Laws, 1930, ch. 204; Laws, 1936, ch. 245; Laws, 1966, ch. 320, § 2, eff from and after passage (approved March 8, 1966).

§ 35-5-25. Use of ward’s estate.

A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except upon order of the court after a hearing, notice of which has been given the proper office of the bureau in the manner provided in Section 35-5-17.

HISTORY: Codes, 1930, § 7347; 1942, § 7504; Laws, 1930, ch. 204.

§ 35-5-27. Discharge of guardian.

When a minor for whom a guardian has been appointed under the provisions of this chapter or other laws of this state shall have attained his or her majority, and if incompetent shall be declared competent by the bureau and the court, and when any incompetent ward, not a minor, shall be declared competent by said bureau and the court, the guardian shall, upon making a satisfactory accounting, be discharged upon a petition filed for that purpose.

HISTORY: Codes, 1930, § 7350; 1942, § 7507; Laws, 1930, ch. 204.

§ 35-5-29. Furnishing of free copies of public records.

Whenever a copy of any public record is required by the bureau to be used in determining the eligibility of any person to participate in the benefits made available by such bureau, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the representative of such bureau, with a certified copy of such record.

HISTORY: Codes, 1930, § 7348; 1942, § 7505; Laws, 1930, ch. 204.

§ 35-5-31. Commitment to Veterans Administration or other agency of the United States government.

1. Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be a person with mental illness, person with an intellectual disability, or otherwise of unsound mind, or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after the adjudication of the status of the person as may be required by law that commitment to a state psychiatric hospital or institution or other institution is necessary for safe-keeping or treatment, and it appears that the person is eligible for care or treatment by the Veterans Administration or other agency of the United States government, the court, upon receipt of a certificate from the Veterans Administration or such other agency showing that facilities are available and that the person is eligible for care or treatment in those facilities, may commit the person to the Veterans Administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner provided by the law of this state; and nothing in this section shall affect his right to appear and be heard in the proceedings. Upon commitment, the person, when admitted to any facility operated by the Veterans Administration or other agency within or without this state shall be subject to the rules and regulations of the Veterans Administration or other agency. The chief officer of any facility of the Veterans Administration or institution operated by any other agency of the United States to which the person is so committed shall, with respect to the person, be vested with the same powers as superintendents of state psychiatric hospitals or institutions within this state with respect to retention of custody, transfer, parole or discharge. Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of his restraint, and all commitments under this section are so conditioned.
2. The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the Veterans Administration or other agency of the United States government for care or treatment, shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order, and the courts of the committing state or of the District of Columbia shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of the person and of determining the necessity for continuance of his restraint, as is provided in subsection (1) of this section with respect to persons committed by the courts of this state. Consent is given to the application of the law of the committing state or District of Columbia in respect to the authority of the chief officer of any facility of the Veterans Administration or of any institution operated in this state by any other agency of the United States to retain custody, or transfer, parole or discharge the committed person.
3. Upon receipt of a certificate of the Veterans Administration or such other agency of the United States that facilities are available for the care or treatment of any person committed to a state psychiatric hospital or institution or for the care or treatment of persons similarly afflicted, and that the person is eligible for care or treatment, the superintendent of the state psychiatric hospital or institution may cause the transfer of the person to the Veterans Administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer of the court shall be notified of the transfer by the transferring agency. No person shall be transferred to the Veterans Administration or other agency of the United States if he is confined because of conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless before transfer, the court or other authority originally committing the person enters an order for the transfer after appropriate motion and hearing.

   Any person transferred as provided in this section shall be deemed to be committed to the Veterans Administration or other agency of the United States under the original commitment.

HISTORY: Codes, 1930, § 7349; 1942, § 7506; Laws, 1930, ch. 204; Laws, 1944, ch. 176, § 1; Laws, 2008, ch. 442, § 13; Laws, 2010, ch. 476, § 8, eff from and after passage (approved Apr. 1, 2010.).

§ 35-5-33. Construction of chapter.

This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the bureau.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

HISTORY: Codes, 1930, §§ 7351, 7353; 1942, §§ 7508, 7510; Laws, 1930, ch. 204.

§ 35-7-1. Short title.

This chapter may be cited as the Veterans’ Home Purchase Law.

HISTORY: Codes, 1942, § 7517; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 1; Laws, 1948, ch. 500, § 1; Laws, 1950, ch. 465, § 1; Laws, 1987, ch. 425, § 1, eff from and after May 1, 1987.

§ 35-7-3. Declaration of public policy.

It is hereby declared to be the public policy of this state to aid its veterans to become rehabilitated and to become as quickly as possible self-sustaining, thereby strengthening their citizenship and expressing the gratitude of all the peoples of this state for such public services they have rendered, and to that end this chapter is passed.

HISTORY: Codes, 1942, § 7532; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 24; Laws, 1948, ch. 500, § 24; Laws, 1950, ch. 465, § 25; Laws, 1987, ch. 425, § 2, eff from and after May 1, 1987.

§ 35-7-5. Definitions.

When used in this chapter, the word or term:

“Veterans” includes:

Any person who, upon presentation of his U.S. armed services record is eligible for a certificate of eligibility for a home loan guaranty from the U.S. Veterans’ Administration.

Unremarried surviving spouses of the above-described eligible persons who died as the result of service or service-connected injuries. The unremarried spouse of any eligible veteran who has not purchased a home since the veteran’s death shall be eligible for the benefits of this chapter, except that the benefits of a Veterans’ Administration guaranteed loan will not be available.

The spouse of any member of the armed forces serving on active duty who is listed as missing in action, or is a prisoner of war, and has been so listed for a total of more than ninety (90) days.

Any such person shall have been discharged under conditions other than dishonorable from the branch of service in which he or she served, shall have been a bona fide resident of the United States of America at the time of his or her enlistment, induction, commission or drafting, and shall have lived in this state for two (2) years immediately preceding entry to extended active duty or the filing of the purchase application, or have married a person who has been a legal resident of this state for at least two (2) consecutive years immediately preceding the marriage and application.

The veteran must obtain a certificate of eligibility for home loan guaranty from the Veterans’ Administration and present both an original certificate and a record of service or original discharge (DD 214) to the board.

“Applicant” is a person meeting the criteria of “veteran” who has made written application to the board in the format prescribed by the board.

“Mortgagor” is the person described as “applicant” who has subsequently executed a deed of trust on real property to the board, and may otherwise be described as “owner” or title holder.

“Board” means the Veterans’ Home Purchase Board of the State of Mississippi.

“Home” means a parcel of real estate upon which there is a single family dwelling house and such other buildings as will, in the opinion of the board, suit the needs of the purchaser and his dependents as a place of abode.

HISTORY: Codes, 1942, § 7518; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 2; Laws, 1948, ch. 500, § 2; Laws, 1950, ch. 465, § 2; Laws, 1952, ch. 311, § 1; Laws, 1956, ch. 351; Laws, 1958, ch. 460, § 1; Laws, 1964, ch. 477; Laws, 1966, ch. 277, § 1; Laws, 1987, ch. 425, § 3, eff from and after May 1, 1987.

§ 35-7-7. Creation of Veterans’ Home Purchase Board; composition; qualifications, appointment, terms of office and compensation of members; general powers and duties of board; officers and employees.

The administration of the provisions hereof is vested in a Veterans’ Home Purchase Board consisting of six (6) members who shall be appointed, or reappointed, by the Governor, with the advice and consent of the Senate. Members appointed to the board shall be veterans of either World War II, the Korean Conflict, the Southeast Asia Conflict, the Persian Gulf Conflict or have served in active duty for at least one hundred eighty (180) days during a time of war or a conflict in which a campaign ribbon or medal was issued and shall possess a background in business, banking, real estate or the legal profession which enables them to carry out the duties of the board. No state/department commander of any federally recognized veterans organization, no national officer of any federally recognized veterans organization and no member of the Mississippi Council of Veterans Organizations shall be eligible for appointment to the board until the expiration of a period of three (3) years after the termination of his service in such disqualifying positions. Appointments shall be staggered, with each Governor appointing or reappointing two (2) members in the first year of his administration; one (1) member in the second year, two (2) members in the third year, and one (1) member in the fourth year. Appointments for terms that expire in 1988 shall be made as follows: one (1) shall be made for a term ending on July 1, 1989; one (1) shall be made for a term ending on July 1, 1991; and two (2) shall be made for a term ending on July 1, 1992. Persons appointed to succeed the two (2) members whose terms expired in 1986, or any such member holding over after 1986 because no successor was appointed, shall serve until July 1, 1990. After the expiration of the foregoing terms, all appointments shall be for a term of four (4) years from the expiration date of the previous term. From and after July 1, 1988, one (1) appointee shall be selected from each of the five (5) congressional districts of this state as such districts are composed on May 1, 1987, and one (1) appointee shall be selected from the state at large. Any vacancy occurring during a term shall be filled by appointment of a member for the unexpired portion of the term.

The board is hereby authorized and empowered to make and promulgate such reasonable rules and regulations under this chapter as it shall deem to be necessary or advisable and to enforce the same. The board shall have authority to render the final decision on the purchase application process, approval of purchases, funding of purchase commitments, servicing loans and default, property security, management, resale, release from security, and all other matters relating to the purchases and loans made under this law. The board shall likewise, by an order spread on its minutes, elect a chairman and vice chairman to serve for one-year terms, and all such officers are eligible to succeed themselves in such offices. The chairman may appoint a three-member loan committee from the membership of the board and shall specify the conditions, responsibilities and authority of such committee.

Each member of the board and his successor shall be reimbursed all of his actual and necessary traveling and other expenses incurred in the attendance of the meetings of the board or in the performance of other duties in connection with the business of the board as provided for state officers and employees in Section 25-3-41, and shall be allowed a per diem as provided in Section 25-3-69 for such attendance; provided that the number of days per diem shall not exceed sixty-six (66) days for the chairman and fifty (50) days for other members of the board during any one (1) fiscal year. The above limitation of days per year shall not apply to board members appointed on a full-time basis to the loan committee.

The director, or other executive officer employed by the board, shall execute a surety bond in the sum of One Hundred Thousand Dollars ($100,000.00), conditioned upon the faithful performance of his duties and upon his accounting for all monies coming into his hands; and each employee handling funds shall execute a like bond in the sum of Fifteen Thousand Dollars ($15,000.00), and the premiums thereon shall be paid from the funds provided for administering this chapter.

The board may designate one (1) of its employees as the acting director or executive officer by a vote of the majority of the members of the board, officially recorded in the minutes of a regular or special meeting, and such acting director shall be vested with all the authority conferred upon the director by the provisions of this chapter; but such acting director may not serve for a continuous period of time in excess of six (6) months, and the acting director, when so designated, will be required to furnish surety bond in the same amount and under the same conditions as the director. The purpose of this provision is to designate an executive officer during any temporary illness, absence or incapacity of the regularly designated director.

The board may designate one (1) of its employees by a vote of the majority of the members of the board, officially recorded in the minutes of a regular or special meeting, to be authorized to sign a Deed of Conveyance or other closing documents necessary as to not delay the closing or settlement of a home purchase during the absence or unavailability of the director.

The board may select and employ such expert, technical and clerical assistance as in its judgment may be necessary in the proper administration of said board and fix the salaries of such employees.

The board is empowered to employ auditors and accountants to examine the books, accounts and records of the board if it so desires, and the board is also authorized to employ legal counsel if it deems such a course necessary in the proper administration of its affairs.

HISTORY: Codes, 1942, §§ 7519, 7530; Laws, 1936, ch. 199; Laws, 1946, ch. 221, §§ 3, 4, 20; Laws, 1948, ch. 500, §§ 3, 4, 18; Laws, 1950, ch. 465, §§ 3, 4, 18; Laws, 1958, ch. 460, § 2; Laws, 1964, ch. 478; Laws, 1968, ch. 483, § 1; Laws, 1973, ch. 376, § 1; Laws, 1980, ch. 560, § 12; Laws, 1987, ch. 425, § 4; Laws, 1994, ch. 346, § 1; Laws, 2009, ch. 305, § 1; Laws, 2014, ch. 344, § 1, eff from and after passage (approved March 14, 2014).

§ 35-7-9. Limitation on costs of administration of chapter.

The cost of administering this chapter shall not exceed in any one (1) fiscal year two percent (2%) of mortgage loans in force. Administrative expenses shall include all costs for: personnel, travel, subsistence, contractual services, commodities and equipment utilized in operating the offices and facilities of the board and shall not include expenditures reimbursed to the board by applicants, veterans/owners, insurance companies and funds passing through escrow, regardless of the budget and accounting codes utilized. The amount of contracts in force for the purpose of this section shall be considered the amount in force at the end of the fiscal year in which the expenditures for administration are incurred.

HISTORY: Codes, 1942, § 7519; Laws, 1936, ch. 199; Laws, 1946, ch. 221, §§ 3, 4; Laws, 1948, ch. 500, §§ 3, 4; Laws, 1950, ch. 465, §§ 3, 4; Laws, 1958, ch. 460, § 2; Laws, 1964, ch. 478; Laws, 1973, ch. 376, § 1; Laws, 1987, ch. 425, § 5; Laws, 2015, ch. 333, § 1, eff from and after July 1, 2015.

§ 35-7-11. Offices of board; staff and related expenses; assistance from county veterans service officers and others.

The board is hereby authorized to establish offices and employ an adequate staff to serve the citizens of Mississippi as it deems necessary; and the expenses of such offices shall be included within the administrative cost limitation prescribed in Section 35-7-9. The board may utilize the services of county veterans service officers and other such persons in contact with the veteran community to advise and assist the board; however, such persons assisting shall not be employees nor officially represent the board, and shall perform their services without cost to the board.

HISTORY: Codes, 1942, § 7519.5; Laws, 1946, ch. 221, § 5; Laws, 1948, ch. 500, § 5; Laws, 1950, ch. 465, § 5; Laws, 1987, ch. 425, § 6, eff from and after May 1, 1987.

§ 35-7-13. Duty of public officials to cooperate with board.

It is hereby made the duty of all state, county and city officials to furnish and give all required information to the board, upon request and without charge therefor.

HISTORY: Codes, 1942, § 7519.5; Laws, 1946, ch. 221, § 5; Laws, 1948, ch. 500, § 5; Laws, 1950, ch. 465, § 5.

§ 35-7-15. Eligibility of veterans; applications; priority preferences; waiting lists; distribution of assistance.

Any person deeming himself a veteran, and desiring to benefit under the provisions of this chapter, shall submit to the board information, in such form as may be prescribed, that will enable the board to determine his eligibility and qualifications. The board may make such further inquiries and investigations as it deems proper and necessary in order to determine such eligibility and qualifications. Applicant priority for processing shall be in accordance with the order in which the fully completed application forms are received and verified as eligible for consideration in the board’s Pearl, Mississippi, office. Once accepted, the qualified and eligible applicant will retain his priority on a waiting list until the time that funds are available to fully process his application, or until it is ascertained that the applicant is no longer eligible or qualified for the loan, or until the applicant withdraws himself from consideration. The board may suspend the taking of applications from time to time based on availability of funds. The board shall not maintain applications which are projected to exceed one (1) year before final processing. In each instance of suspension, the board will project a date in the future when applications will be again accepted in order that persons inquiring for application may know to do so after such date.

The board may act upon any purchase loan application or related matter by telephone poll of the board members taken by the executive director, or his designee, in order to facilitate an applicant’s loan request before the next meeting of the board. Action taken upon such a poll may be taken only upon majority vote of the entire board. The action of the board taken by telephone poll shall be placed in the minutes of the board at its next meeting.

Veterans who are otherwise qualified and who have a service connected, permanent disability, as verified by the Veterans’ Administration or a branch of the United States Armed Forces, rating fifty percent (50%) or greater, will receive priority over other applicants waiting for consideration. Veterans who have not purchased a single family, permanent home since their honorable discharge from active duty and have not owned a single-family residence in the State of Mississippi while serving in the armed services may be given priority over other veterans waiting to make application. This priority will be second only to those veterans given priority due to a service-connected disability of fifty percent (50%) or greater. Such returning veterans must meet all other eligibility and qualification criteria, including Mississippi residence requirements. This priority will apply only during the first five (5) years following the veteran’s discharge and will apply to veterans who served in Vietnam regardless of time since discharge.

The board shall establish rules and procedures to provide a waiting system, limitations on waiting, and the priority preference given to disabled and other special veteran groups when the number of veterans desiring to apply for a purchase at any time exceeds the funds available in the revolving fund for purchases or the number of applications that can be reasonably processed.

It is the intent of the Legislature that access to the revolving fund be available on an equitable basis to all eligible veterans throughout the state. The board is, therefore, authorized to travel, conduct and attend meetings, advertise and announce through public service and commercial media, prepare and distribute audio/visual and printed publications, and otherwise announce and promote among veterans the provisions of this law.

The board shall monitor application and purchase distribution throughout the state based upon available information concerning veteran population in certain geographic units such as districts, counties and major metropolitan areas, and is authorized to halt, limit or place temporary moratoriums on further purchase applications from areas determined by the board to have excess purchases in relation to the veteran population of that area. At the same time, the board shall have the authority to employ discriminatory announcement and promotion activities in areas determined to have a shortage of purchases. The board shall not set quotas or other inflexible limits on any geographic unit nor shall the board solicit purchase applications from any veteran, group of veterans or geographic unit.

HISTORY: Codes, 1942, §§ 7518, 7521; Laws, 1936, ch. 199; Laws, 1946, ch. 221, §§ 2, 8; Laws, 1948, ch. 500, §§ 2, 8; Laws, 1950, ch. 465, §§ 2, 8; Laws, 1952, ch. 311, § 1; Laws, 1956, ch. 351; Laws, 1958, ch. 460, § 1; Laws, 1964, ch. 477; Laws, 1966, ch. 277, § 1; Laws, 1987, ch. 425, § 7; Laws, 2003, ch. 353, § 1; Laws, 2006, ch. 362, § 1, eff from and after passage (approved Mar. 13, 2006.).

§ 35-7-17. Acquisition of homes for resale to veterans; refinancing of permanent mortgage loans; limitations as to applications for purchase.

1. The board may acquire for sale to a veteran a home situated in the State of Mississippi, provided that the cost of such home to the board does not exceed the maximum loan limit as provided in 38 USCS Section 3703 by application of the housing loan guaranty for housing loans to veterans as defined in 38 USCS Section 3701. A veteran purchasing such home may advance a sum of money on the purchase price of the home. In addition to the home acquisition, the board may also provide the funds for any funding fee charged by the Department of Veterans Affairs for any loan contract underwritten or guaranteed by the Department of Veterans Affairs even if the home acquisition cost and the funding fee together exceed the maximum loan amount.

   Nothing contained in this chapter shall prevent the acquisition for sale to a veteran by the Veterans’ Home Purchase Board of the State of Mississippi of a home, the title to which has, prior to the date of such purchase, been vested in such veteran if title thereto is vested in such veteran due to (a) the veteran previously owning the land and the purpose of the application is to finance a home on the land; (b) the veteran having taken title to the land for the purpose of obtaining construction financing or otherwise constructing or making a major renovation of a home on the land; or (c) the veteran having previously taken title to the land and home under a nonpermanent purchase money lien to secure his ability to purchase the property while awaiting processing, approval and closing of his application with the board.

   The proceeds of the purchase approved may be applied toward the liquidation of a purchase money lien, contractor’s or materialman’s lien, or temporary construction loan outstanding against the property if the board should determine that the indebtedness secured by such liens or loan is not adequately financed on a permanent basis.

2. The limit provided above on the cost of property to the board may be exceeded in the case of a veteran who has been certified for the purchase of a home under Public Law No. 782 of the 80th Congress, by Public Law No. 286 of the 81st Congress, and other amendments thereto, which provides special benefits to veterans who have lost the use of both legs. In such cases where the federal government donates half of the cost of a dwelling for such a disabled veteran, as provided by Public Law No. 286, and, further, where the Department of Veterans Affairs guarantees half of the remainder of the purchase price, the board may increase the amount of money to be advanced for such a purchase to the maximum loan limits, as provided above.
3. Except as otherwise provided in subsection (5) of this section, the board shall not consider an application to refinance a home with adequate permanent financing with a lending institution, individual or other entity, or the refinancing of the veteran’s equity in a home to which he has title. The board will consider, on a case-by-case basis, the adequacy of financing when a veteran has title to the property and financing with variable rates, terms or payments where the board can ascertain that the loan was made with temporary intent on either the part of the veteran or lender, or where the veteran is in jeopardy of losing the financing due to no fault of his own. In such cases, the board shall ascertain that the present lender has no objection to the early payoff of the loan and that the veteran has not obtained and continued any form of temporary financing for the purpose of waiting for financing by the board when he could have previously obtained adequate, permanent financing.
4. The board shall not consider applications for purchase that would provide the veteran with a second home, or provide funds to be used either directly or indirectly for investment purposes. The veteran must divest himself of any personal residence before being eligible to close the board purchase on a new property. Divestment may be accomplished by sale which transfers title to another individual, or by an irrevocable lease/purchase contract, or land contract where title passes after the prescribed payment. This requirement that the veteran divest himself may be waived by the board in cases where the board can ascertain that the ownership of such property was originally intended as a temporary residence or a condominium or mobile home, or that the veteran’s present residence is inadequate for his needs; and in cases where the requirement to sell on short notice will cause a financial hardship or loss to the veteran in the market place; and in cases where the sale of the present residence is not necessary to free the veteran of obligations to qualify financially for the new loan. When such waiver is granted, the veteran must agree in writing (a) not to reside in the former residence for a period of ten (10) years, (b) that the rent proceeds in excess of mortgage payments and cash expenses on the old home will be paid to the board as a reduction to the loan balance on the new home, and (c) that, at the sale of the old home within a period of ten (10) years, a full disclosure of the sale shall be made to the board and proceeds of the sale in excess of mortgage payoff and actual cost of the sale will be paid to the board as a reduction to the balance of the existing loan with the board.
5. The board may provide for the refinancing of permanent mortgage loans under the following conditions:
   1. Funds are available to the board from the issuance of its notes or bonds in amounts in excess of the funds required for applicants on a waiting list for their first loan from the board.
   2. The veteran has an outstanding mortgage or mortgages on the property to be refinanced.
   3. The terms and conditions of the refinance loan complies with the Department of Veterans Affairs guaranteed loan program guidelines for refinance.
   4. The refinance loan shall be limited to the payoff of existing mortgages plus the closing costs of the transaction and further limited to eighty percent (80%) of the property value or amount of the Department of Veterans Affairs guaranty available on the refinance loan.
   5. The board may establish interest rates, terms and conditions on refinance loans which may differ from original loans made by the board.

HISTORY: Codes, 1942, § 7520; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 7; Laws, 1948 ch. 493, § 1 ch. 500, § 7, 1950, ch. 465, § 7; Laws, 1956, ch. 352, § 1; Laws, 1958, ch. 460, § 3; Laws, 1962, ch. 478, § 1; Laws, 1964, ch. 479; Laws, 1968, ch. 481, § 1; Laws, 1974, ch. 404, § 1; Laws, 1979, ch. 313, § 1; Laws, 1985, ch. 501, § 2; Laws, 1987, ch. 425, § 8; Laws, 1993, ch. 409, § 1; Laws, 1996, ch. 363, § 1; Laws, 1999, ch. 325, § 1; Laws, 2014, ch. 345, § 1, eff from and after passage (approved March 14, 2014).

§ 35-7-19. Acquisition by board of leasehold interests in certain lands for resale to veterans.

In addition to and supplemental to any other authority vested in the Veterans Home Purchase Board, the board is authorized and empowered to purchase a leasehold interest in sixteenth section lands, and leasehold interests in other lands owned by the state or a department thereof, for resale of such interest in land to a qualified veteran for a home when the duration of such leasehold interest exceeds the amortization period of the board’s loan by not less than fourteen (14) years or contains automatic renewal to the leaseholder and lienholders. The purchase price of the leasehold interest in the sixteenth section lands and leasehold interest in other lands owned by the state or a department thereof shall not exceed the maximum purchase price as otherwise provided by law. However, the veteran acquiring a home under the provisions of this chapter shall be given the right to advance a sum of money on the total purchase price of the leasehold interest of the home above the maximum purchase price to the board. Wherever applicable, all other provisions of statutes governing said board shall apply, and the board may prescribe and adopt needful and necessary rules and regulations to administer this section.

HISTORY: Codes, 1942, § 7520.1; Laws, 1966, ch. 537, § 1; Laws, 1970, ch. 456, § 1; Laws, 1987, ch. 425, § 9, eff from and after May 1, 1987.

§§ 35-7-21 and 35-7-23. Repealed.

Repealed by Laws, 1987, ch 425, § 21, eff from and after May 1, 1987.

§35-7-21. [Codes, 1942, §§ 7520, 7520.3; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 7; Laws, 1948, ch. 493, § 1, ch. 500, § 7; Laws, 1950, ch. 465, § 7; Laws, 1956, ch. 352, § 1; Laws, 1958, ch. 460, § 3; Laws, 1962, ch. 478, § 1; Laws, 1964, ch. 479, ch. 482; Laws, 1968, ch. 481, § 1; Laws, 1974, ch 404, § 2; Laws, 1979, ch 313, § 2; Laws, 1985, ch 501, § 3]

§35-7-23. [Codes, 1942, § 7520.5; Laws, 1955, Ex Sess, ch. 125, § 1; Laws, 1956, ch. 352, § 3; Laws, 1958, ch. 460, § 4; Laws, 1962, ch. 478, § 2; Laws, 1964, ch. 480; Laws, 1968, ch. 482, § 1; Laws, 1979, ch 313, § 3; Laws, 1985, ch 501, § 4]

§ 35-7-25. Selection of home by veteran; contract between board and veteran; terms of payment; appraisal.

1. When a veteran has been authorized by the board to select the home he desires, he shall submit his selection in such form as may be prescribed by the board. If the board is satisfied of the desirability of the property submitted and if such veteran has agreed with the board to actually reside upon such property within sixty (60) days from the date of purchase by the board, and if the price of said property to the board does not exceed the maximum provided in Section 35-7-17, then the board shall be empowered to purchase said property from the owner thereof, including the veteran under the provisions of Section 35-7-17(1), upon such terms as may be by them agreed upon. The board, in its discretion, is authorized to enter into a contract with the veteran for the sale and to consummate the sale of said property to said veteran. The board shall fix the selling price of such property by adding to the purchase price of said property or to the value of said property as determined by the board when such property is acquired by the board in a manner other than by purchase, as in foreclosure or repossession, all expenses incurred and estimated to be incurred by the board in relation thereto, inclusive of interest, administration, appraisals, examination of title, incidental expenses and such sum as shall be deemed necessary to meet unforeseen contingencies. The purchaser shall make an initial payment of at least twenty percent (20%) of the selling price of the property; however, the board may reduce or waive said initial payment for any veteran provided the loan contract is underwritten or guaranteed by the Veterans’ Administration in accordance with the terms of the Servicemen’s Readjustment Act of 1944, as amended. The balance of said selling price may be amortized over a period to be fixed by the board, but not exceeding thirty (30) years, together with interest thereon at a rate which shall be fixed by the board, which shall in no case be less than two and one-half percent (2 1/2%) per annum, and which shall in no case be higher than the rate of interest authorized and permitted by the Veterans’ Administration for loans guaranteed under the provisions of Title III of the Servicemen’s Readjustment Act of 1944, as amended. The purchaser shall have the right at any time to pay any or all installments still remaining unpaid. In any individual case, the board may for good cause postpone from time to time, upon such terms as the board may deem proper, the payment of the whole or any part of any installment of the selling price or interest thereon. The board is empowered in each individual case to specify the terms of the contract entered into with the purchaser, not contrary to the provisions of this chapter.
2. Before the purchase of any property by the board, there must be filed with said board an appraisement of the fair and reasonable value of such property by a qualified appraiser. Each appraisement shall state, among other things, that it is made in good faith and that the valuation is honestly determined and represents the bona fide opinion of the maker.
3. The board, before consummating the purchase under the provisions of this section, shall be satisfied that title to the property sought to be purchased is good.

HISTORY: Codes, 1942, §§ 7520, 7522; Laws, 1936, ch. 199; Laws, 1946, ch. 221, §§ 7, 9-11; Laws, 1948, ch. 493, § 1, ch. 500, §§ 7, 9-11; Laws, 1950, ch. 465, §§ 7, 9-11; Laws, 1956, ch. 352, §§ 1, 2; Laws, 1958, ch. 460, §§ 3, 5; Laws, 1962, ch. 478, §§ 1, 3; Laws, 1964, ch. 479; Laws, 1968, ch. 481, §§ 1, 2; Laws, 1974, ch. 404, § 3; Laws, 1979, ch. 313, § 4; Laws, 1985, ch. 501, § 5; Laws, 1987, ch. 425, § 10; Laws, 2009, ch. 306, § 1, eff from and after passage (approved Mar. 2, 2009.).

§ 35-7-27. Details of contract between board and purchaser.

The contract entered into between the board and the purchaser shall provide, among other things, that the purchaser intends to maintain said farm or home as his place of residence, that the purchaser shall keep the same in good order, that the purchaser shall keep in repair all buildings, fences and other permanent improvements, situated thereon, and that the purchaser shall insure and keep insured against fire and other hazards, all buildings and other permanent improvements on said property, in an insurance company authorized to do business in Mississippi, with a loss payable clause or standard New York mortgage clause in standard form payable to the board as its interest shall appear, in such amount or amounts and in such insurance company or companies as shall be agreeable to the board.

HISTORY: Codes, 1942, § 7523; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 12; Laws, 1948, ch. 500, § 12; Laws, 1950, ch. 465, § 12.

§ 35-7-29. Execution of general deed and deed of trust; notice of veteran’s intent to transfer property.

When a purchaser shall have paid as much as twenty percent (20%) on such home, or when the purchaser shall cause the amount due on such purchase to be underwritten by the United States Department of Veterans Affairs under the provisions of the Servicemen’s Readjustment Act of 1944, the board may determine the amount of the initial payment to be made by the veteran, if any, and the board is hereby authorized and empowered to execute to the purchaser a deed to the property and to take back from such purchaser a trust deed to secure the balance due the board on such transaction, payable over a period of not exceeding thirty (30) years on such amortization plan as the board may determine. Such trust deed and evidence of debt shall run in favor of the Veterans’ Home Purchase Board of the State of Mississippi.

It is the intent of the Legislature that the benefits of this purchase permitting home ownership be enjoyed by the eligible veteran. Although it is recognized that many events may cause transfer of title or habitation during the term of the loan, the veteran is encouraged to retain permanent ownership of, and to reside in, the home; therefore, a veteran desiring to transfer his property should provide at least thirty (30) days’ advance notice to the board. Upon notice, he or his designated agent shall be provided a current accounting on his loan, instruction on transfer procedures established by the board, and information concerning the impact of a transfer to him and the new owner.

All loans secured by deed of trust, except those guaranteed by the United States Department of Veterans Affairs, shall be made under a deed of trust providing an acceleration clause (due on sale) when the title is transferred from the original veteran. The board may waive the execution of such clause by specific majority decision of the board and shall establish procedures and criteria for consideration of such waiver.

HISTORY: Codes, 1942, § 7523.5; Laws, 1946, ch. 221, § 13; Laws, 1948, ch. 500, § 13; Laws, 1948, ch. 500, § 13; Laws, 1950, ch. 465, § 13; Laws, 1958, ch. 460, § 6; Laws, 1987, ch. 425, § 11; Laws, 1991, ch. 361 § 1, eff from and after passage (approved March 15, 1991).

§ 35-7-31. Escrow agreements.

The board is authorized to enter into escrow agreements with the purchaser for the payment of anticipated taxes and hazard insurance premiums, or for the payment of life insurance premiums in cases where the board requires a life insurance policy to cover the unpaid balance of the indebtedness.

All funds collected as escrow items for the benefit of the veteran as insurance premiums, taxes, appraisal fees, and other funds belonging to the veteran, and not the state revolving fund, shall be maintained and accounted for separately from the special revolving fund, although the receipt of such funds may be commingled with installment payments or other payments to the board. The board shall establish separate accounts and trusteeships for this purpose exclusive of requirements that agencies of the state commingle funds into one (1) state treasury account. Interest earned on such deposits shall accrue to the state revolving fund of the board, and shall be paid to the revolving fund annually.

HISTORY: Codes, 1942, § 7524; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 14; Laws, 1948, ch. 500, § 14; Laws, 1950, ch. 465, § 14; Laws, 1987, ch. 425, § 12, eff from and after May 1, 1987.

§ 35-7-33. Satisfaction of taxes, assessments, etc.; improvements.

If the purchaser fails or neglects to pay, satisfy and discharge at maturity any taxes, assessments or other charges or encumbrances which shall be a lien upon the property being purchased from the board, or any part thereof, or any taxes or assessments levied or assessed upon the land so bought or the interest created by the contract or purchase of such property, or if the purchaser fails or neglects to keep the buildings and other permanent improvements upon such property insured as provided by this chapter, or if the purchaser fails or neglects to keep in good order and repair all buildings, fences and other permanent improvements situated upon such property as provided by this chapter, then, and in any such event, it shall be lawful for the board to pay, satisfy, discharge, settle or compromise such taxes, assessments, charges or encumbrances, or to insure said buildings, and permanent improvements, or any of them, or to do or cause to be done the work and supply the material necessary to keep the buildings, fences and other improvements situated upon such property in good order and repair. All monies so expended by the board shall be added to the selling price of such property, or balance due, and bear interest at the same rate as the original loan, or the current rate set by the board, at the board’s discretion, computed annually, from the date of expending the same, and shall be repaid by the purchaser to the board on demand. The board may amortize the repayment of such expenditures or permit repayment in installments upon such terms and conditions as it deems proper. The board shall be the sole judge of the legality or validity of such taxes, assessments, charges or encumbrances and the amount of insurance to be placed upon the buildings, and other permanent improvements situated upon such property and the amount necessary to be paid for the premiums for such insurance, and the necessity and nature of the work necessary to keep the good order and repair and the amount necessary to be paid therefor.

HISTORY: Codes, 1942, § 7524; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 14; Laws, 1948, ch. 500, § 14; Laws, 1950, ch. 465, § 14; Laws, 1987, ch. 425, § 13, eff from and after May 1, 1987.

§ 35-7-35. Cancellation; foreclosure.

In event of a failure of a purchaser to comply with any of the terms of his contract, or the trust deed, provided for in this chapter, the board shall have the right at its option to cancel such contract or to cause a foreclosure thereof to be made under its deed of trust. Failure of the board to exercise any option to foreclose or to exercise any other rights under the trust deed held by it for any default on the part of the purchaser or mortgagor, shall not be deemed a waiver of its rights then or at any future time to exercise such right or rights. In the event of any sale under foreclosure as herein provided for, the board may appear at such sale and bid on said property, and may become the purchaser at such sale. Property foreclosed, repossessed or otherwise reverted to the board may be conveyed to the Veterans’ Administration in the case of VA Guaranty, resold inclusive of refinancing, or otherwise disposed of to the highest financial advantage in the best judgment of the board.

HISTORY: Codes, 1942, § 7525; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 15; Laws, 1948, ch. 500, § 15; Laws, 1950, ch. 465, § 15; Laws, 1987, ch. 425, § 14, eff from and after May 1, 1987.

§ 35-7-37. Care of property reverting to board.

The board shall have the power to insure and keep insured against fire and other hazards as the board may determine, all buildings, and other permanent improvements, or any of them, situated upon any property which has reverted to and is under the control of the board. The board shall have the power to do or cause to be done the work and supply the materials necessary to keep said buildings, fences, and other improvements situated upon such property in good order and repair. The board shall have authority to lease or let such property, in whole or in part, upon such terms as it may deem proper, and if a farm, to cultivate such farm or cause it to be cultivated, or harvest or cause to be harvested the crop or crops growing thereon.

HISTORY: Codes, 1942, § 7526; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 16; Laws, 1948, ch. 500, § 16; Laws, 1950, ch. 465, § 16.

§ 35-7-39. Second purchases of property for veteran.

The intent of this law is to provide a one-time benefit to the veteran, and the board shall not consider applications for the purchase of a second home as long as there are eligible veterans on the waiting list to apply for a first purchase.

If a veteran who has been the beneficiary of this chapter loses his home by fire, windstorm or other insurable hazard beyond his control and his account with the board is paid in full, the board may, in its discretion, approve the purchase of a home for such veteran, subject to all the other provisions of this chapter.

HISTORY: Codes, 1942, § 7518; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 2; Laws, 1948, ch. 500, § 2; Laws, 1950, ch. 465, § 2; Laws, 1952, ch. 311, § 1; Laws, 1956, ch. 351; Laws, 1958, ch. 460, § 1; Laws, 1964, ch. 477; Laws, 1966, ch. 277, § 1; Laws, 1987, ch. 425, § 15, eff from and after May 1, 1987.

§ 35-7-41. Rights of surviving spouse.

If a veteran dies after filing his or her application for a home as provided in this chapter, and his or her application is subsequently approved, his or her unremarried spouse may, in the discretion of the board, succeed to his or her rights, privileges and benefits under this law that would have been his or hers but for his or her death. The contract or purchase which the board otherwise would or might have entered into with such veteran may be entered into with his or her unremarried spouse.

HISTORY: Codes, 1942, § 7529; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 19; Laws, 1948, ch. 500, § 17; Laws, 1950, ch. 465, § 17; Laws, 1987, ch. 425, § 16, eff from and after May 1, 1987.

§ 35-7-43. Removal of disability of minority.

Any citizen of this state, over the age of 18 years and under the age of 21 years, otherwise qualified under the provisions of this chapter and desirous of obtaining the benefits of this chapter, notwithstanding such minority, shall be entitled to avail of the benefits of this chapter, and for so doing the minority of such person is hereby removed to authorize the same.

HISTORY: Codes, 1942, § 7531.7; Laws, 1946, ch. 221, § 23; Laws, 1948, ch. 500, § 22; Laws, 1950, ch. 465, § 23.

§ 35-7-45. Funds; sale of mortgages; issuance of notes.

Any money previously appropriated to the revolving fund of the board or that may be hereinafter appropriated shall be commingled, exclusive of escrow funds provided for in Section 35-7-31, into a general revolving fund for carrying out the provisions of this chapter. The expense of administering this chapter shall be paid from the revolving fund within the limitations provided by Section 35-7-9. The revolving fund of the board will constitute a trust fund and shall be segregated from all other funds in the State Treasury. All interest earned by the State Treasury on any investment of the Veterans’ Home Purchase Board Revolving Fund shall be placed to the credit of such fund. The State Fiscal Management Board is authorized and directed to draw warrants upon such funds from time to time upon requisition of the board executed by its executive officer, and the State Treasurer is hereby authorized and directed to pay such warrants.

The money repaid by the purchaser shall be deposited in the board’s revolving fund and shall be available under the same conditions as the original appropriation. The board shall have continuing authority to expend funds up to the maximum amount received into the special revolving fund, limited to the discretionary best judgment of the board as to reserve. The board shall submit to the State Fiscal Management Board, the Legislative Budget Office, legislative appropriation committees, and other such authority as may arise or be deemed necessary, an annual budget, using the standard general fund budget format as a model, but modified to reflect an accurate and management-oriented view of the revolving fund, and an annual report reflecting a detailed analysis of all revenue and expenditures. All funds in the revolving fund in excess of the one percent (1%) administrative expense allowance shall be expended or committed for new loans with the exception of the reserve judged necessary by the board.

The board, with the advice and consent of the State Bond Commission, may also sell or hypothecate its mortgage loans to the Reconstruction Finance Corporation of the United States Government or to any subsidiary agency thereof, or to any other agency, private or public, when a sale of such mortgage loans would be to the advantage of the board. However, no mortgage loans may be sold for less than the prevailing market value, which may include sale at a discount from book value when discounted to present value to equate to market yields, of said loans as determined by the State Bond Commission. The provisions of this section may also include the discounting to present value of lower interest rate loans to the mortgagor to encourage early payoff of the loan.

The board may issue its notes in such amounts and for such terms as the board may deem advisable to provide additional funds for purchase of veterans’ homes, and such notes shall be eligible for purchase by any agency of the State of Mississippi. The repayment of such notes shall be guaranteed by the board, and any and all income to the board from the repayments of the principal and interest on its purchases by veterans shall be first pledged to repayment of any maturing notes. The maturity dates, denomination or amount, and rate of interest of such notes shall be determined by the board; however, such notes shall in no event exceed a term of thirty (30) years nor bear a higher rate of interest than one percent (1%) below that received by the board on its mortgages and deeds of trust. Notwithstanding any other provisions of this chapter, the board may apply the proceeds from the issuance of its notes under this section or the issuance of its bonds under any other applicable law, as follows:

Refinancing of permanent mortgage loans, subject to the conditions specified in Section 35-7-17(5).

Increasing the purchase limit on homes as provided in Section 35-7-17(1).

The board shall have the authority to sell outright its mortgages and deeds of trust at market value, or discounted to present value, as hereinabove provided and to service said mortgages for the purchaser, collecting the principal and interest due the owner of such mortgages, and to charge therefor a reasonable service fee to be mutually agreed upon by the purchaser of such mortgages and the board.

Any notes issued by the board must be approved at a regular meeting of the board, upon favorable vote by a majority of four (4) members of the board, who shall authorize the chairman and the executive director of said board to issue and sign such notes as the official deed and act of the whole board.

Any additional monies appropriated or obtained to extend the benefits of this chapter shall be commingled with and become an integral part of the revolving fund provided by this section, and the method of accounting therefor shall be the same as used with respect to any other monies in the revolving fund.

HISTORY: Codes, 1942, § 7531; Laws, 1936, ch. 199; Laws, 1946, ch. 221, §§ 21, 22; Laws, 1948, ch. 500, §§ 19-21; Laws, 1950, ch. 465, §§ 19-22; Laws, 1952, ch. 311, § 2; Laws, 1956, ch. 353; Laws, 1958, ch. 460, § 7; Laws, 1962, ch. 478, § 4; Laws, 1987, ch. 425, § 17, eff from and after May 1, 1987.

§ 35-7-47. Special consideration in event of hardship.

This law recognizes the occurrence of extreme and unusual circumstances which create hardship on veteran applicants from time to time; therefore, the board shall have the authority to waive, according to its best judgment, certain provisions, rules and criteria on a case by case basis. Any request for special consideration of hardship shall be fully documented and verified by the board, to include signed statements by the applicant, knowledgeable disinterested third parties, and investigation by an officer or employee of the board.

HISTORY: Laws, 1987, ch. 425, § 18, eff from and after May 1, 1987.

§ 35-7-49. Confidentiality of information obtained in loan processing.

All personal information, including financial and credit information, provided to the board for the purpose of obtaining and servicing a loan, shall be held in strict confidence by the board, and used only by the board and its authorized employees for the purpose of processing and servicing the subject loan. Release of any information on an applicant or borrower outside of the board shall be only by proper legal subpoena or by the written consent of the individual involved. The intent is to protect the privacy of individual citizens/veterans and to provide complete candor in loan processing and related business matters. This section is not intended to apply to communication with the credit and financial community on credit evaluation and loan servicing. Also, it is not intended to prevent the disclosure of information in the process of negotiating a settlement by a third party when a loan is in default or otherwise in violation of this law.

HISTORY: Laws, 1987, ch. 425, § 19, eff from and after May 1, 1987.

§ 35-7-51. Criminal sanctions for fraudulent conduct.

Any person, seller, veteran, broker, agent, attorney or corporate officer, who shall knowingly make, utter, publish, pass or use any false, fictitious or forged paper, document, contract, affidavit, application, assignment or other instrument in writing in connection with or pertaining to any transaction under this law, shall be guilty of a felony and, upon conviction thereof, shall be subject to punishment under the laws of the State of Mississippi, and shall further forfeit any rights to the benefits of this law, and shall repay on demand any funds expended by the board on his or her behalf or otherwise outstanding to the board.

HISTORY: Laws, 1987, ch. 425, § 20, eff from and after May 1, 1987.

§§ 35-9-1 through 35-9-35. Repealed.

Repealed by Laws, 1992, ch. 396, § 12, eff from and after passage (approved April 27, 1992).

§35-9-1. [Codes, 1930, § 5807; 1942, § 7462; Laws, 1930, ch. 28; Laws, 1940, ch. 301; Laws, 1946, ch. 389, § 1; Laws, 1948, ch. 409, § 1; Laws, 1950, ch. 525; Laws, 1976, ch. 360]

§§35-9-3,35-9-5. [Codes, 1930, §§ 5808-5810; 1942, §§ 7463-7465; Laws, 1930, ch. 28]

§35-9-7. [Codes, 1930, § 5812; 1942, § 7467; Laws, 1930, ch. 28; Laws, 1946, ch. 389, § 2]

§35-9-9. [Codes, 1930, § 5821; 1942, § 7482; Laws, 1930, ch. 28.]

§35-9-11. [Codes, 1930, §§ 5812, 5817; 1942, §§ 7467, 7478; Laws, 1930, ch. 28; Laws, 1938, ch. 360; Laws, 1946, ch. 389, § 2]

§§35-9-13 through35-9-27. [Codes, 1930, §§ 5810, 5811, 5813-5815, 5819, 5820, 5822; 1942, 7465, 7466, 7468-7470, 7480, 7481, 7483; Laws, 1930, ch. 28]

§35-9-29. [Codes, 1930, § 5816; 1942, § 7477; Laws, 1930, ch. 28; Laws, 1968, ch. 361, § 10]

§35-9-31. [Codes, 1930, § 5817; 1942, § 7478; Laws, 1930, ch. 28; Laws, 1938, ch. 360]

§§35-9-33,35-9-35. [Codes, 1930, §§ 5818, 5823, 5824; 1942, §§ 7479, 7484, 7485; Laws, 1930, ch. 28]