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    BY-LAW CHANGES FOR 113 TH NATIONAL CONVENTION

    Recommended by the By-Law Study Group

    Sec. 104Admission Fees and M ember Dues .

    Each Post shall determine its annual dues and establish an admission fee to be charged its new members asprescribed in the Department and National By-Laws. At least monthly, each Post shall transmit all dues collected asprescribed in the Department and National By-Laws. National, Department and Post may establish annual dues inthe manner prescribed in these By-Laws. In the event a member surrenders his membership or his membership isterminated in accordance with the National By-Laws, there shall be no refund of annual dues. Admission fees anddues collected for the Department and National Organization are, and become, the property of the respectiveDepartment or the National Organization upon receipt by the Post.

    Sec. 106Former Members.

    A member whose dues are unpaid on January 1 ceases to be a member in good standing and loses all rights andprivileges of membership in the Veterans of Foreign Wars.

    Former members may reinstate their membership as prescribed in Section 106 of the Manual of Procedure.Subscription Dues: Effective no later than January 2014, a member whose dues are unpaid on their anniversary

    date ceases to be a member in good standing and loses all rights and privileges of membership in the Veterans of Foreign Wars.

    Sec. 107Transfers.

    A member may transfer from one Post to another Post as prescribed in Section 107 of the Manual of Procedure.and a signed Member Declaration.

    In the event that a transfer to another Post or Member-at-Large has been effected and it is subsequently determined

    that the conditions of the Member Declaration have not been satisfied, then the Department Commander, withrespect to transfers within the Department, or the Commander-in-Chief, with respect to transfers betweenDepartments, may revoke, suspend or cancel such transfer.

    Sec. 203Regular, Special and Committee Meetings; Quorum; Authorized Attendees.

    Regular Meetings. Posts shall hold at least one regular meeting each month. F ailure to comply can result inimmediate revocation of the Post Charter notwithstanding the provisions of Section 211 of the Manual of Procedure.Special Meetings. Special meetings will be called in accordance with the procedures set forth in the Manual of Procedure.Committee Meetings. Meetings called by Post Committee Chairmen, or as authorized by the Post By-Laws, are forthe purpose of conducting the business of that committee.Quorum. The Post By-Laws may specify the minimum number of members required to constitute a quorum for the

    transaction of business at a regular or special meeting, provided that in no case shall the quorum be less than five (5)members.Authorized Attendees. Any member of the Post and those on official business shall be recognized by the PostCommander for the conduct of business.Guests. With the approval of the Post Commander or Committee Chairman, any visiting member or guest mayattend a Post or Committee meeting. Such visiting member or guest shall have no voice unless recognized by thePost Commander or Committee Chairman, and shall have no voting privileges.

    Sec. 205 - Change of Location, Meeting Place, Day or Time. (Formerly 206; moved for continuity)

    A Post may change its chartered location, meeting place, meeting day or time as prescribed in Section 205 of theManual of Procedure.

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    Sec. 206 Post Admission Fees and Dues.

    Each Post shall determine its annual dues and establish an admission fee to be charged its new members asprescribed in the Department and National By-Laws. At least monthly, each Post shall transmit all dues collected asprescribed in the Department and National By-Laws. Admission fees and dues collected for the Department andNational Organization are, and become, the property of the respective Department or the National Organizationupon receipt by the Post.

    Sec. 216Elected and Appointed Officers; Chairmen and Committees.

    (a) The elected officers of each Post will consist of a Commander, Senior Vice Commander, Junior ViceCommander, Quartermaster, Chaplain, Judge Advocate, Surgeon and three (3) Trustees.

    (b) The appointed officers of each Post Commander shall consist of at least an appoint an Adjutant, Officerof the Day, Service Officer, Guard a nd may appoint a Chaplain, Judge Advocate, Surgeon and two (2) additionalTrustees as prescribed in Section 216 in the Manual of Procedure.

    Sec. 416Elected and Appointed Officers; Chairmen and Committees.

    (a) The elected officers of each District shall consist of a Commander, Senior Vice Commander, Junior ViceCommander, Quartermaster, Judge Advocate, Chaplain, Surgeon and three (3) Trustees.

    (b) The a ppointed officers of each District Commander shall consist of at least an will appoint an Adjutant, Chief of Staff, Service Officer and Inspector, a nd may appoint a Chaplain, Judge Advocate, and Surgeon as prescribed inSection 416 in the Manual of Procedure.

    (c) Committee chairmen and committees shall be appointed by the District Commander as may be required.

    Sec. 513Arrearages, Deficiencies and Omissions.

    The Commander of a Department in arrears for National dues payments, poppy money, supply money or otherfinancial obligations or failing to have the office of Quartermaster bonded, or failing to submit quarterly financialreports, independent, professional audits, annual budget, IRS Form 990 or Department Election Report shall will bedeprived of all representation at the National Convention. Such representation shall be restored promptly uponproper adjustment of such deficiencies.

    A properly completed Department Election Report shall be submitted to National Headquarters prior to theconvening of the National Convention.

    Sec. 603Convention; Quorum; Authorized Attendees.The stated meeting of the National Convention shall be held annually between July 1 and September 1 August 1

    and October 31, at such time and place as shall have been determined previously by the National Council of Administration, which shall hav e full power to act in selecting a Convention city. Beginning in 2012, The statedmeeting of the National Convention shall be held annually between July 1 and September 1, at such time and place

    as shall have been determined previously by the National Council of Administration, which shall have full power toact in selecting a Convention city. Annual National Convention sites may be designated by the Council of Administration five years in advance of the next annual Convention date.

    The minimum number of delegates required to constitute a quorum for the transaction of business shall beaccredited delegates from a majority of all Departments.

    Unless attendance of other persons is authorized by the Commander-in-Chief or by a vote of the Convention, onlymembers of the National Organization may attend the National Convention.

    Sec. 622National Council of Administration-Composition, Powers and Duties.

    (a) Composition: There will be a National Council of Administration which shall consist of all elective NationalOfficers, the Adjutant General, Chief of Staff, Inspector General, the immediate past Commander-in-Chief andmembers elected by departments as prescribed in Section 623 of the By-Laws.

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    (b) Powers and Duties:(1) Administration of Affairs Between Conventions: The National Council of Administration shall beresponsible for administering the affairs and transacting the business of the Veterans of Foreign Wars of the

    United States in the intervals between conventions. The Council shall be governed in its duties by themandates of the National Convention and by the Congressional Charter, By-Laws, Manual of Procedure,Ritual and laws and usages of the Veterans of Foreign Wars of the United States.(2) Budget: The National Council of Administration shall, at a stated meeting not less than thirty (30) daysnor more than ninety (90) days following the National Convention, approve and adopt an annual budget.The National Council of Administration shall have full power to fix salaries of all officers and employeesof the Veterans of Foreign Wars of the United States.(3) AuditsAccounts: The National Council of Administration shall have the power to audit the accountsof the National officers and/ or employees and require that the records and accounts of the AdjutantGeneral and Quartermaster General be audited at least once annually by a Certified Public Accountant(firm).(4) Disposition of Property: In the case of surrender or forfeiture of the charter of a Department, theNational Council of Administration shall have the authority to make disposition of all properties taken overaccrued from such Department, and its actions therein shall be final. The National Council of Administration shall have full power, by resolution, to authorize the purchase by the Veterans of ForeignWars of the United States of real estate deemed necessary and incidental for the corporate purposes of theVeterans of Foreign Wars of the United States and to authorize the sale and conveyance of any real estateowned by the Veterans of Foreign Wars of the United States. They may direct the execution by theCommander-in-Chief, on behalf of the Veterans of Foreign Wars of the United States, of any deeds or otherdocuments necessary to convey title to a purchaser, pursuant to such resolution, any such deed or documentto have the seal of the Veterans of Foreign Wars of the United States affixed and to be attested by theQuartermaster General.(5) Manual of Procedure: lt shall be the duty of the National Council of Administration to adopt, amendand promulgate a Manual of Procedure and provisions and amendments thereto for the Veterans of ForeignWars of the United States not inconsistent with these By-Laws. The Manual of Procedure or amendmentsadopted by the National Council of Administration may also be amended or deleted by a majority vote of the National Convention as prescribed in Section 1401 of the Manual of Procedure.(6) Ritual: lt shall be the duty of the National Council of Administration to adopt, amend and promulgate aRitual for governmental and ceremonial purposes. The Ritual may also be amended or deleted by amajority vote of the National Convention.(7) Regular Meetings: The National Council of Administration shall meet in regular session not less thantwice each year(8) Special Meetings: The Commander-in-Chief may call a special meeting of the National Council of Administration whenever the same may be necessary for the welfare of the National Organization. TheCommander-in-Chief shall call a special meeting upon written request signed by a majority of the membersof the National Council of Administration. In case the Commander-in-Chief refuses to call such meeting,the National Council of Administration may proceed to hold such meeting, due notice of which shall besent to all members of the National Council of Administration by the Adjutant General not later than ten(10) days prior to the date of said meeting.

    The meeting shall be convened within thirty (30) days after the request is submitted to the Commander-in-

    Chief. When a special meeting of the National Council of Administration is to be held by order of theCommander-in-Chief or upon the call of the members of the National Council of Administration actingwithin authority conferred by this section, it shall be the duty of the Quartermaster General to pay to themembers of the Council of Administration minimum necessary expenses required to attend the specialmeeting, wherever it may be held.(9) Time and Place: Regular and special meetings, shall be conducted in Kansas City, Missouri, exceptthat one meeting may be held in such other place as the council shall determine, and except such meetingsas may be held in the National Convention city immediately prior to and subsequent to the NationalConvention.(10) Quorum: A majority of the members of the National Council of Administration shall constitute a

    quorum for the transaction of business.(11) Proceedings: The National Council of Administration shall keep a full and detailed record of itsproceedings and shall submit to its members and Department Commanders abstracts of its proceedings.

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    (12) Voting: Each member of the National Council of Administration present at a meeting shall be entitledto one vote. If requested by at least 15 members of the council, a roll call vote shall be taken. Each councilmember shall receive a pro-rata share of votes based on one per 25,000 members or fraction thereof, based

    on the Quartermaster Generals records as of June 30. On matters requiring action by the National Councilof Administration between stated meetings, the Commander-in-Chief may direct the Adjutant General toconduct mail ballots, the results of such mail ballots shall be reported for the record at the next statedmeeting.(13) Any valid action taken by the National Council of Administration in the performance of its duties shallbe effective upon passage and shall remain in effect until such time as it may be terminated or supersededby the National Council of Administration or by a National Convention acting within the limits of its ownauthority.

    Sec. 623National Council of Administration, Department MembersElection, Vacancies andRemoval

    At the close of the 113th National Convention, each Department of the Veterans of Foreign Wars of the UnitedStates shall be entitled to a member on the National Council of Administration.Election: Following the completion of the transitional rule in Section 624, members will be elected to a four yearterm. Said member shall be elected at the Department Convention preceding the National Convention at which theterm is to commence, in the same manner and at the same time as Department officers are elected and shall beinstalled into office at the National Convention.

    These members shall be initially elected for terms of one, two, three and four years beginning in 2012 andthereafter shall be elected to four-year terms.

    Transition Schedule:

    One Year Term Two Year Term Three Year Term Four Year TermConnecticut Alabama Illinois AlaskaDelaware Arkansas Indiana ArizonaDist. of Col. Florida Iowa CaliforniaEurope Georgia Michigan ColoradoMaine Kentucky Minnesota HawaiiMaryland Louisiana Missouri IdahoMassachusetts Mississippi Nebraska KansasNew Hampshire North Carolina Ohio Latin Amer/CaribbeanNew Jersey Oklahoma South Dakota MontanaNew York South Carolina Wisconsin NevadaPennsylvania Tennessee New MexicoRhode Island Texas North DakotaVermont Virginia Oregon

    West Virginia Pacific AreasUtah

    WashingtonWyoming

    Removal: The Department Commander may, with the concurrence of two-thirds of the Department Council of Administration, remove their elected National Council of Administration member who fails to fulfill the duties of his office as required by Section 622, provided that such member has been given seven (7) days written notice thatremoval will be sought, including the reasons for removal, and the member is provided an opportunity to be heardby the Department Council at a regular meeting or special meeting called for that purpose, prior to such removal.Any National Council of Administration member removed by the Department Commander for reason of failure topay current dues or under the provisions of this section, shall not be eligible to serve in any National office in thesame administrative year in which the member is removed.

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    Notification of Removal: Such actions and reasons therefore, shall be in the form of a Special Order, and deliveredpersonally or by certified or registered mail at the removed members last known address. The special order shalladvise the member of his rights to appeal under these By-Laws.

    Vacancies: All other vacancies occurring in the office of National Council of Administration, shall be filled by theDepartment Council of Administration in accordance with section 520 of the Manual of Procedure.

    Sec. 624 Transitional Rule.To accommodate the transition period, the 2011-2012 council shall be comprisedof members as follows:1. Maine, New Hampshire 15. New Mexico, Arizona2. Vermont, Massachusetts 16. Latin America/Caribbean,3. Maryland, New Jersey Pacific Areas, Alaska, Hawaii4. District of Columbia, 17. Utah, Nevada, OregonDelaware, Europe 18. Connecticut, Rhode Island5. Indiana, Missouri 19. Louisiana, Mississippi6. Virginia, West Virginia 21. Minnesota, Nebraska7. Tennessee, Kentucky 23. Michigan, South Dakota8. Georgia, Alabama A. Pennsylvania9. South Carolina, North Carolina B. Illinois10. Oklahoma, Arkansas C. New York 11. Wisconsin, Iowa D. Ohio12. North Dakota, Wyoming G. California13. Kansas, Colorado H. Texas14. Montana, Washington, Idaho J. Florida

    Sec. 718 A udits.

    Any Post, District or Department, or any unit thereof, as described in Section 709 of these By-Laws, whose cash

    assets are in excess of $75,000 and gross receipts are equal to or exceed $50,000 in any administrative year shall berequired to conduct an independent, professional audit.

    Sec. 1102Eligibility.

    Membership in the Ladies Auxiliary to the Veterans of Foreign Wars of the United States shall be limited to wives,widows, mothers, stepmothers (who have performed the duties of parent), grandmothers, daughters, granddaughters,foster and step daughters (who attained that status prior to age sixteen (16) and for whom the duties of parent wereperformed), sisters, half sisters, and foster and step-sisters (who attained that status prior to age sixteen (16) of persons who were or are eligible for membership in the Veterans of Foreign Wars of the United States. Membersmust be not less than sixteen (16) years old.Women eligible for membership in the Veterans of Foreign Wars of the United States shall be eligible formembership in the Ladies Auxiliary.

    (Proposed amendment to be further developed and forwarded)

    Sec. 1401Amendments.

    By-Laws: Any member in good standing, a Post, a District, or a Department, may propose an amendment to theNational By-Laws; provided, however, before consideration at the National Convention, the proposed amendmentmust be approved by a Department Convention. Immediately following a Department Convention, the proposedamendments must be forwarded to National Headquarters.

    A national officer may propose an amendment to the National By-Laws and forward the proposed amendment tothe Adjutant General.

    All proposed amendments will be available to each Post by the Adjutant General at least fifteen (15) days beforethe assembling of the National Convention.

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    Amendments require a two-thirds vote of the members delegates present at the National Convention.All amendments adopted at any National Convention according to the provisions of this section shall take effect

    thirty (30) days after the final adjournment of the National Convention at which they were adopted, unless

    specifically stated otherwise in the amendment.Manual of Procedure and Ritual: Amendments to the Manual of Procedure and Ritual will be in accordance withSection 1401 of the Manual of Procedure.