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H.B. 140 Enrolled

                 

REORGANIZATION OF VETERAN - RELATED PROGRAMS

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Martin R. Stephens

                  AN ACT RELATING TO MILITIAS AND ARMORIES AND VETERANS; MOVING THE
                  OFFICE OF VETERANS' AFFAIRS FROM THE DEPARTMENT OF COMMUNITY AND
                  ECONOMIC DEVELOPMENT TO THE UTAH NATIONAL GUARD AND MAKING IT A
                  DIVISION; MOVING THE ADMINISTRATIVE RESPONSIBILITY FOR THE VETERAN'S
                  MEMORIAL PARK AND NURSING HOME TO THE DIVISION AT A LATER DATE;
                  DEFINING THE MEMBERSHIP AND DUTIES OF THE VETERANS' ADVISORY COUNCIL;
                  EXPANDING VETERAN'S PREFERENCE APPLICATION; CREATING TWO
                  CONSOLIDATION COMMITTEES TO FACILITATE THE MOVE OF THE MEMORIAL
                  PARK AND NURSING HOME TO THE DIVISION; MAKING TECHNICAL CORRECTIONS;
                  AND PROVIDING EFFECTIVE DATES.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      39-1-12, as last amended by Chapter 9, Laws of Utah 1988, Second Special Session
                      71-7-3, as repealed and reenacted by Chapter 112, Laws of Utah 1988
                      71-7-4, as last amended by Chapter 243, Laws of Utah 1996
                      71-8-1, as enacted by Chapter 44, Laws of Utah 1992
                      71-8-2, as enacted by Chapter 44, Laws of Utah 1992
                      71-8-4, as last amended by Chapters 119, 194 and 243, Laws of Utah 1996
                      71-9-1, as last amended by Chapter 110, Laws of Utah 1994
                      71-9-2, as last amended by Chapter 110, Laws of Utah 1994
                      71-10-1, as last amended by Chapter 133, Laws of Utah 1993
                      71-10-2, as last amended by Chapter 133, Laws of Utah 1993
                      71-11-1, as enacted by Chapter 217, Laws of Utah 1995
                      71-11-2, as enacted by Chapter 217, Laws of Utah 1995
                      71-11-3, as last amended by Chapter 79, Laws of Utah 1996


                      71-11-4, as enacted by Chapter 217, Laws of Utah 1995
                      71-11-5, as enacted by Chapter 217, Laws of Utah 1995
                      71-11-6, as enacted by Chapter 217, Laws of Utah 1995
                      71-11-7, as enacted by Chapter 217, Laws of Utah 1995
                      71-11-8, as enacted by Chapter 217, Laws of Utah 1995
                  REPEALS AND REENACTS:
                      71-8-3, as enacted by Chapter 44, Laws of Utah 1992
                  This act enacts uncodified material.
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 39-1-12 is amended to read:
                       39-1-12. Adjutant general -- Appointment -- Term -- Duties.
                      (1) (a) There shall be one adjutant general appointed by the governor. The adjutant general
                  is chief of staff and holds office for a term of six years, unless terminated by resignation, disability,
                  or for cause as determined by a military court or court-martial.
                      (b) The person appointed to the office shall be a citizen of Utah and meet the requirements
                  provided in Title 32, United States Code. He shall be a federally recognized commissioned officer
                  of the National Guard of the United States with no fewer than ten years commissioned service in the
                  Utah National Guard. Active service in the armed forces of the United States may be included in this
                  requirement, if the officer was a member of the Utah National Guard when he entered that service.
                  An officer is no longer eligible to hold the office of adjutant general after becoming 64 years of age.
                      (2) (a) He shall perform duties as are imposed by the laws of this state and the United States,
                  and by the regulations of the Department of Defense of the United States. However, if any duties
                  imposed by the statutes of this state at any later time conflict with those imposed by the laws of the
                  United States, the duties imposed by the statutes of this state, as far as they conflict, are abrogated.
                      (b) He shall keep rosters of all active, inactive, and retired officers and enlisted men of the
                  National Guard and shall keep in his office all records, orders, regulations, and papers pertaining to
                  the National Guard and the militia of this state. He shall, when he considers it necessary, at the
                  expense of the state purchase or cause to be printed, and issue to members of the National Guard or

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                  other persons, copies of the military law, the various orders of the Department of Defense of the
                  United States, and other literature he considers best for the interests of the service.
                      (c) He shall cause to be prepared all blanks, books, forms, and reports necessary to carry out
                  the provisions of this chapter. The blanks or forms shall be as identical as possible to those required
                  by the Department of Defense of the United States for use by the regular army or National Guard.
                      (d) He has, under the direction of the State Armory Board, supervision and charge of all the
                  armories, warehouses, maintenance and repair shops, hangars, small-arms, artillery and aircraft
                  ranges, campsites, concentration areas, lands, training facilities, and military reservations necessary
                  to the military functions of this state. He is responsible for the protection and safety thereof and shall
                  make rules for the maintenance of order, for the enforcement of rules as may be ordered for the
                  operation and the repair, care, and preservation of the facilities and installations belonging to or                   leased
                  by the state [of Utah]. He may make further improvement as the good of the service requires.
                      (e) He shall oversee the operations of the Division of Veterans' Affairs created in Section
                  71-8-2 .
                      [(e)] (f) He shall cause to be prepared all blanks, books, forms, notices, and reports to carry
                  out the provisions of the military laws of this state. The blanks, books, forms, notices, and reports
                  shall be as identical as possible to those required by the Department of Defense for use by the Armed
                  Forces of the United States.
                      [(f)] (g) He shall make and transmit to the federal government the returns required by the
                  laws of the United States and submit to the governor a certified copy. He shall superintend the
                  preparation of all returns and reports required by the United States from Utah on military matters.
                      [(g)] (h) He shall act as agent for all active, inactive, or retired members of the National
                  Guard having claims against the United States for pensions, bounty, back pay, or disability arising
                  from any war, federal service, or training. He shall handle the claims without charge.
                      [(h)] (i) He shall, on or before January 1 next preceding the general session of the                   Legislature,
                  make a full and detailed report to the governor of all transactions of his office, including related
                  expenses, for the preceding year and shall report at other times and on other matters as the governor
                  requires or as he considers advisable.

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                      Section 2. Section 71-7-3 is amended to read:
                       71-7-3. Development, operation, and maintenance of Utah Veterans' Cemetery and
                  Memorial Park -- Responsibilities of Division of Veterans' Affairs -- Costs -- Definition.
                      (1) The Division of [Parks and Recreation, under the policy direction of the Board of Parks
                  and Recreation] Veterans' Affairs, in consultation with the Veterans' Memorial Park Board, shall
                  develop, operate, and maintain a veterans' cemetery and memorial park.
                      (2) To help pay the costs of developing, constructing, operating, and maintaining a veterans'
                  cemetery and memorial park, the Division of [Parks and Recreation] Veterans' Affairs may:
                      (a) receive federal funds, state funds, contributions from veterans' organizations, and other
                  private donations; and
                      (b) charge fees for at least the cost of the burial of veterans' spouses and other persons,                   whom
                  the division and the Veterans' Memorial Park Board [of Parks and Recreation] determines are eligible
                  to be buried in a veterans' cemetery established by the state.
                      (3) As used in this chapter, "veteran" has the same meaning as in Section 71-8-1 .
                      Section 3. Section 71-7-4 is amended to read:
                       71-7-4. Veterans' Memorial Park Board -- Members -- Appointment -- Meetings -- Per
                  diem.
                      (1) There is created a Veterans' Memorial Park Board to serve as an advisory body to the
                  Division of [Parks and Recreation] Veterans' Affairs on matters relating to the establishment and
                  operation of a veterans' cemetery and memorial park.
                      (2) The board shall [include] consist of the following five members:
                      (a) one representative [from] recommended by the state commander of the Veterans of
                  Foreign Wars;
                      (b) one representative [from] recommended by the state commander of the American Legion;
                      (c) one representative [from] recommended by the state commander of the Disabled
                  American Veterans;
                      (d) [one representative from] the director of the Division of [Parks and Recreation] Veterans'
                  Affairs; and

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                      (e) one person not affiliated with any of the organizations referred to in this Subsection (2).
                      (3) (a) Except as required by Subsection (3)(b), the governor shall appoint members in
                  Subsections (2)(a), (b), (c), and (e) above for four-year terms. The governor shall make final
                  appointments to the board by June 30 of any year in which appointments are to be made under this
                  chapter.
                      (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
                  of appointment or reappointment, adjust the length of terms to ensure that the terms of board
                  members are staggered so that approximately half of the board is appointed every two years.
                      (c) All members shall serve until their successors are appointed.
                      (d) Members may not serve more than two consecutive terms.
                      (4) When a vacancy occurs in the membership for any reason, the replacement shall be
                  appointed for the unexpired term in the same manner as the original appointment.
                      (5) (a) The board shall select a chair annually from among [the] its members at its first
                  meeting after July 1.
                      (b) Three members of the board constitute a quorum to transact business.
                      (c) The board shall meet at least [twice a year] quarterly on a regular date fixed by the board.
                      (d) The chair or three members of the board may call additional meetings.
                      (6) The board shall provide copies of all minutes and an annual report of its activities by June
                  30 of each year to the Veterans' Advisory Council created in Section 71-8-4 .
                      [(6)] (7) (a) (i) Members who are not government employees shall receive no compensation
                  or benefits for their services, but may receive per diem and expenses incurred in the performance of
                  the member's official duties at the rates established by the Division of Finance under Sections
                  63A-3-106 and 63A-3-107 .
                      (ii) Members may decline to receive per diem and expenses for their service.
                      (b) (i) State government officer and employee members who do not receive salary, per diem,
                  or expenses from their agency for their service may receive per diem and expenses incurred in the
                  performance of their official duties from the board at the rates established by the Division of Finance
                  under Sections 63A-3-106 and 63A-3-107 .

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                      (ii) State government officer and employee members may decline to receive per diem and
                  expenses for their service.
                      Section 4. Section 71-8-1 is amended to read:
                       71-8-1. Definitions.
                      As used in this chapter:
                      (1) "Council" means the Veterans' Advisory Council.
                      (2) "Department" means the [Department of Community and Economic Development] Utah
                  National Guard.
                      (3) "Director" means the director of the [Office] Division of Veterans' Affairs.
                      (4) "Division" means the Division of Veterans' Affairs.
                      [(4)] (5) "Executive director" means the [executive director of the Department of Community
                  and Economic Development] adjutant general of the Utah National Guard.
                      [(5)] (6) "Government entity" means the state and any county, municipality, special district,
                  and any other political subdivision or administrative unit of the state, including state institutions of
                  education.
                      [(6) "Office" means the Office of Veterans' Affairs.]
                      (7) "Veteran" means:
                      (a) an individual who has served on active duty in the armed forces for at least [90] 180
                  consecutive days or was a member of a reserve component, and who has been separated or retired
                  under honorable conditions; [and] or
                      (b) any [person] individual incurring an actual service-related injury or disability in the line
                  of duty whether or not that person completed [90] 180 days of active duty.
                      Section 5. Section 71-8-2 is amended to read:
                       71-8-2. Division of Veterans' Affairs created -- Appointment of director -- Division
                  responsibilities.
                      (1) There is created within the [Department of Community and Economic Development an
                  Office] Utah National Guard the Division of Veterans' Affairs.
                      (2) The [executive director of the department] governor shall [appoint] select a [veteran as

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                  the] director [of this office] for the division from a list of qualified veterans provided by the Veterans'
                  Advisory Council. Any veteran or veteran's group may submit names to the council for consideration.
                      (3) The division shall:
                      (a) conduct and supervise all veteran activities as provided in this title; and
                      (b) adopt rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
                  Act, to carry out the provisions of this title.
                      Section 6. Section 71-8-3 is repealed and reenacted to read:
                      71-8-3. Duties of director -- Services to veterans.
                      The director shall:
                      (1) be responsible for the administration and the operation or support of the following
                  veteran-related operations:
                      (a) beginning July 1, 2002, Utah State Veterans' Nursing Home and Programs;
                      (b) beginning July 1, 2001, Utah State Veterans' Cemetery and Memorial Park;
                      (c) Veterans' Preference Law as defined in Section 71-10-1 ;
                      (d) any locally or federally funded programs for homeless veterans within the state; and
                      (e) any federally funded education services for veterans within the state;
                      (2) maintain liaison with local, state, and federal veterans' agencies and with Utah veterans'
                  organizations;
                      (3) provide current information so that veterans, their surviving spouses and family members,
                  and Utah veterans' organizations will be aware of benefits to which they are, or may become, entitled;
                      (4) develop and maintain a system for determining how many veterans are employed by the
                  various government entities within the state and keeping track of them; and
                      (5) create and maintain, as completely as possible, a record of veterans in Utah.
                      Section 7. Section 71-8-4 is amended to read:
                       71-8-4. Veterans' Advisory Council -- Membership -- Duties and responsibilities -- Per
                  diem and expenses.
                      (1) There is created a Veterans' Advisory Council whose purpose is to advise the director of
                  the [Office] Division of Veterans' Affairs on issues relating to veterans.

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                      [(2) (a) The governor shall appoint seven members to the council.]
                      [(b) Council membership shall include:]
                      [(i) six veterans; and]
                      [(ii) one nonveteran.]
                      (2) The council shall consist of eleven voting members and one nonvoting member,
                  designated as follows:
                      (a) five members appointed by the governor to serve four-year terms:
                      (i) four veterans at large; and
                      (ii) a representative from the Office of the Governor;
                      (b) the director of the VA Health Care System or his designee;
                      (c) the director of the VA Benefits Administration Regional Office in Salt Lake City, or his
                  designee;
                      (d) a representative from the Veterans' Memorial Park Board for the duration of his
                  appointment to the board;
                      (e) the commanders or their designees of the three largest veterans service organizations in
                  the state. Their terms shall last as long as they hold the required office; and
                      [(c) The] (f) the director shall be a nonvoting member of the council.
                      (3) (a) Except as required by Subsection (3)(b), as terms of current council members expire,
                  the governor shall appoint each new [member] or reappointed member to a four-year term
                  commencing on July 1.
                      (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
                  of appointment or reappointment, adjust the length of terms to ensure that the terms of council
                  members are staggered so that approximately half of the [council is] members appointed by the
                  governor are appointed every two years.
                      (4) When a vacancy occurs in the membership for any reason, the governor shall appoint a
                  replacement [shall be appointed] for the unexpired term within 60 days of receiving notice.
                      (5) Members appointed by the governor may not serve more than two consecutive terms.
                      (6) (a) Any veterans' group or veteran may provide the [executive] director with a list of

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                  recommendations for members on the council.
                      (b) The [executive] director shall provide the governor with the list of recommendations for
                  members to be appointed to the council.
                      (c) The governor shall make final appointments to the council by June 30 of any year in which
                  appointments are to be made under this chapter.
                      (7) The council shall elect a chair from among its [veteran] members every two years. The
                  chair shall be a veteran.
                      (8) (a) The council shall meet at least once every quarter.
                      (b) The director of the [Office] Division of Veterans' Affairs may convene additional
                  meetings, as necessary.
                      (9) The [office is] division shall provide staff to the council.
                      (10) [Four] Six voting members are a quorum for the transaction of business.
                      (11) The council shall:
                      (a) solicit input concerning veterans issues from veterans' groups throughout the state;
                      (b) report issues received to the director of the [Office] Division of Veterans' Affairs and
                  make recommendations concerning them;
                      (c) keep abreast of federal developments that affect veterans locally and advise the director
                  of them; and
                      (d) approve, by a majority vote, the use of monies generated from veterans' license plates
                  under Section 41-1a-408 for veterans' programs.
                      (12) (a) Members shall receive no compensation or benefits for their services, but may receive
                  per diem and expenses incurred in the performance of the member's official duties at the rates
                  established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
                      (b) Members may decline to receive per diem and expenses for their service.
                      Section 8. Section 71-9-1 is amended to read:
                       71-9-1. Contract to provide assistance to veterans and their widows and children.
                      The [director of the Department of Community and Economic Development] adjutant general
                  of the National Guard through the [Office] Division of Veterans' Affairs is authorized to contract with

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                  the American Legion, the Disabled American Veterans, and the Veterans of Foreign Wars of the
                  United States, as organized in this state, to provide, especially in the outlying areas of the state,
                  assistance to veterans, their widows, and children as follows:
                      (1) to disseminate information regarding all laws applicable to veterans, their widows, and
                  children in the preparation, presentation, and prosecution of claims against the United States arising
                  by reason of service in the military, naval, or air services;
                      (2) to assist veterans, their widows, and children in the establishment of all rights and the
                  procurement of all benefits which may accrue to them under the laws of this state or of the United
                  States;
                      (3) to cooperate with any and all agencies and instrumentalities of this state or of the United
                  States having to do with the employment or reemployment of veterans;
                      (4) to cooperate with any and all agencies and instrumentalities of this state or of the United
                  States and make a representative and information available on a rotating basis in the outlying areas
                  of the state;
                      (5) to assist veterans in obtaining such preference for employment as may be authorized by
                  the laws of this state or of the United States; and
                      (6) to assist veterans, their widows, and children in obtaining emergency relief, and to that
                  end cooperate with such agencies and instrumentalities of this state or of the United States as have
                  been or may be established for the purpose of extending emergency relief.
                      Section 9. Section 71-9-2 is amended to read:
                       71-9-2. Contracts subject to appropriation of funds.
                      Any contract entered into under Section 71-9-1 shall expressly state that it is subject to the
                  appropriation of sufficient funds by the Legislature to carry out its terms and that the decision of the
                  [director of the Department of Community and Economic Development] adjutant general of the
                  National Guard in conjunction with the director of the Division of Veterans' Affairs as to whether an
                  appropriation is sufficient to carry out the terms of the contract is conclusive.
                      Section 10. Section 71-10-1 is amended to read:
                       71-10-1. Definitions.

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                      As used in this chapter:
                      (1) "Active duty" means active military duty and does not include active duty for training,
                  initial active duty for training, or inactive duty for training.
                      (2) "Disabled veteran" means an individual who has:
                      (a) been separated or retired from the armed forces under honorable conditions; and
                      (b) established the existence of a service-connected disability or is receiving compensation,
                  disability retirement benefits, or pension because of a public statute administered by the federal
                  Department of Veterans Affairs or a military department.
                      (3) "Government entity" means the state [and], any county, municipality, special district, or
                  any other political subdivision or administrative unit of the state, including state institutions of
                  education.
                      (4) "Preference eligible" means:
                      (a) any individual who has served on active duty in the armed forces for more than 180
                  consecutive days, or was a member of a reserve component who served in a campaign or expedition
                  for which a campaign medal has been authorized and who has been separated under honorable
                  conditions;
                      (b) a disabled veteran with any percentage of disability;
                      (c) the spouse or unmarried widow or widower of a veteran;
                      (d) a purple heart recipient; or
                      (e) a retired member of the armed forces who retired below the rank of major or its
                  equivalent.
                      (5) "Veteran" means:
                      (a) an individual who has served on active duty in the armed forces for more than 180
                  consecutive days, or was a member of a reserve component who served in a campaign or expedition
                  for which a campaign medal has been authorized and who has been separated or retired under
                  honorable conditions; or
                      (b) any [person] individual incurring an actual service-related injury or disability in the line
                  of duty whether or not that person completed 180 consecutive days of active duty.

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                      Section 11. Section 71-10-2 is amended to read:
                       71-10-2. Veteran's preference.
                      (1) Each government entity shall grant a veteran's preference upon initial hiring to each
                  preference eligible veteran or preference eligible spouse according to the procedures and requirements
                  of this chapter.
                      (2) The personnel officer of any government entity shall add to the score of a preference
                  eligible who receives a passing score on an examination, or any rating or ranking mechanism used in
                  selecting an individual for any career service position with the government entity:
                      (a) five percent of the total possible score, if he is a veteran;
                      (b) ten percent of the total possible score, if he is a disabled veteran or a purple heart
                  recipient; or
                      (c) in the case of a preference eligible spouse, widow, or widower, the same percentage the
                  qualifying veteran is, or would have been, entitled to.
                      (3) A preference eligible who applies for a position that does not require an examination, or
                  where examination results are other than a numeric score, shall be given preference in interviewing
                  and hiring for the position.
                      Section 12. Section 71-11-1 is amended to read:
                       71-11-1. Title.
                      This chapter shall be known as the "Utah Veterans' Nursing Home Act."
                      Section 13. Section 71-11-2 is amended to read:
                       71-11-2. Definitions.
                      As used in this chapter:
                      (1) "Administrator" means the Veterans' Nursing Home Administrator selected in accordance
                  with Section 71-11-5 .
                      [(1)] (2) "Board" means the Veterans' Nursing Home Advisory Board.
                      [(2)] (3) "Department" means the Utah [Department of Health] National Guard.
                      (4) "Division" means the Division of Veterans' Affairs created in Section 71-8-2 .
                      [(3)] (5) "Executive Director" means the [director of the Utah Veterans' Home selected in

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                  accordance with Section 71-11-5 ] adjutant general of the National Guard.
                      [(4)] (6) "Home" means the Utah Veterans' Nursing Home as established under this chapter.
                      [(5) "Office" means the Office of the Executive Director.]
                      [(6)] (7) "Veteran" shall have the same meaning as found in Subsection 71-10-1 (5).
                      Section 14. Section 71-11-3 is amended to read:
                       71-11-3. Establishment and construction -- Compliance with federal requirements.
                      (1) There is established a Utah Veterans' Nursing Home, to be administered by the
                  [department] division to provide nursing home care for veterans in Utah.
                      (2) The home shall:
                      (a) have at least an 80-bed capacity;
                      (b) be designed and constructed consistent with the requirements for federal funding under
                  38 U.S.C. Sec. 8131 et seq.; and
                      (c) be operated consistent with the requirements for per diem payments from the United
                  States Department of Veterans Affairs under 38 U.S.C. Sec. 1741 et seq.
                      Section 15. Section 71-11-4 is amended to read:
                       71-11-4. Administration by Division of Veterans' Affairs.
                      The [department] division shall be responsible for the supervision and operation of the home.
                      Section 16. Section 71-11-5 is amended to read:
                       71-11-5. Operation of home -- Rulemaking authority -- Selection of director.
                      (1) The [office] division shall, subject to the approval of the executive director [of the
                  department]:
                      (a) establish appropriate criteria for the admission and discharge of residents subject to the
                  requirements in Section 71-11-6 and criteria set by the U.S. Department of Veterans' Affairs;
                      (b) establish a schedule of charges for residence in cases where residents have available
                  resources;
                      (c) establish standards for the operation of the home not inconsistent with standards set by
                  the United States Department of Veterans Affairs;
                      (d) make rules to implement this [section] chapter in accordance with Title 63, Chapter 46a,

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                  Utah Administrative Rulemaking Act;
                      (e) ensure that the home is licensed in accordance with Title 26, Chapter 21, Health Care
                  Facility [Licensure] Licensing and Inspection Act, and 38 U.S.C. Sec. 1742(a).
                      (2) In addition, the [office] division shall, after reviewing recommendations of the board,
                  appoint [a director] an administrator for the home.
                      Section 17. Section 71-11-6 is amended to read:
                       71-11-6. Eligibility -- Admission requirements.
                      (1) Application for admission shall be made to the [office] nursing home administrator.
                      (2) Veterans and their spouses or surviving spouses who are residents of Utah and in need
                  of nursing home care may be admitted to the home.
                      (3) Preference shall be given to [those] veterans who are without adequate means of support
                  and unable, due to wounds, disease, old age, or infirmity, to properly maintain themselves.
                      Section 18. Section 71-11-7 is amended to read:
                       71-11-7. Veterans' Nursing Home Advisory Board.
                      (1) (a) There is created a Veterans' Nursing Home Advisory Board to act as a liaison between
                  the residents, members of the public, and the administration of the home.
                      (b) The board shall be responsible for interviewing candidates for the position of [director]
                  nursing home administrator and making a recommendation to the [office] division.
                      (2) The board shall consist of the following seven members [appointed by the governor]:
                      (a) one resident of the home appointed by the governor;
                      (b) two members of the [Governor's] Veterans' Advisory Council, designated by the
                  governor, one of which shall specifically be designated as the board's representative to the council;
                      (c) [two representatives] one veteran at-large appointed by the governor;
                      (d) one representative from the [Veterans Hospital; and] VA Health Care System, appointed
                  by its director;
                      (e) a representative from the Department of Health, appointed by its executive director; and
                      [(e)] (f) one representative from the Department of [Veterans] Veterans' Affairs regional
                  office.

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                      (3) (a) Members shall serve for [three-year] four-year terms. [The initial appointment of
                  three of the members to the board shall be for a term of two years. The decision of which terms shall
                  be for two years shall be made by the governor at the time of appointment.] Except as required by
                  Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new
                  or reappointed member to a four-year term commencing on July 1.
                      (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
                  of appointment or reappointment, adjust the length of terms to ensure that the terms of board
                  members are staggered so that approximately half of the board is appointed every two years.
                      (c) The governor shall make final appointments to the board by June 30 of any year in which
                  appointments are to be made under this chapter.
                      (4) Vacancies shall be filled by the governor within 60 days of receiving notice of a vacancy,
                  but only for the unexpired term of the vacated member.
                      (5) Members may not serve more than two consecutive terms.
                      (6) The board shall elect a chair annually from among its members at its first meeting after
                  July 1.
                      (7) The board shall meet at least quarterly.
                      (8) Four members of the board constitute a quorum for the transaction of business.
                      (9) The board shall provide copies of all minutes and an annual report of its activities by June
                  30 of each year to the adjutant general of the National Guard, the Division of Veterans' Affairs, and
                  the Veterans' Advisory Council.
                      (10) (a) (i) Members who are not government employees shall receive no compensation or
                  benefits for their services, but may receive per diem and expenses incurred in the performance of the
                  member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
                  and 63A-3-107 .
                      (ii) Members may decline to receive per diem and expenses for their service.
                      (b) State government officer and employee members who do not receive salary, per diem,
                  or expenses from their agency for their service may receive per diem and expenses incurred in the
                  performance of their official duties from the board at the rates established by the Division of Finance

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                  under Sections 63A-3-106 and 63A-3-107 .
                      Section 19. Section 71-11-8 is amended to read:
                       71-11-8. Utah Veterans' Nursing Home Expendable Trust Fund.
                      (1) There is created the Utah Veterans' Nursing Home Expendable Trust Fund to be
                  administered by the [office] division for the benefit of the home and its residents.
                      (2) All cash donations, gifts, or bequests shall be deposited in the trust fund and used
                  according to the wishes of the donor.
                      (3) All funds received by the home from federal or state agencies [for the home and its
                  operations], individual insurance reimbursement, or cash payments shall be deposited in the trust                   fund.
                      Section 20. Legislative intent.
                      It is the intent of the Legislature that all personnel and any funds employed in the
                  administration of entities transferred by this legislation to the administration of the Division of
                  Veterans' Affairs be transferred with the entity responsibility to the division.
                      Section 21. Consolidation committees -- Creation -- Membership -- Duties -- Reports.
                      (1) There is created a Veterans' Memorial Park Consolidation Committee.
                      (a) The committee shall consist of the members of the Veterans' Advisory Council, the
                  Veterans' Memorial Park Board, and the adjutant general of the Utah National Guard or his designee.
                      (b) The division of Veterans' Affairs shall provide staff to the committee.
                      (c) The committee shall study the transfer of the supervision and operation of the Veterans'
                  Cemetery and Memorial Park from the Division of Parks and Recreation to the Division of Veterans'
                  Affairs. Specifically, the committee shall:
                      (i) ascertain the status of all employees currently employed to operate and care for the
                  grounds of the Memorial Park, and make recommendations concerning how many employees will be
                  needed to continue to operate and care for the Memorial Park;
                      (ii) determine the status of all equipment necessary to operate and maintain the Memorial
                  Park, and make recommendations concerning equipment acquisition and maintenance;
                      (iii) determine the status and designation of all funds used to operate and maintain the
                  Memorial Park, including amounts included within the budget of the Division of Parks and

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                  Recreation;
                      (iv) create a process by which the transfer of supervision and operation of the Memorial Park
                  to the division of Veterans' Affairs is completed in an efficient and orderly manner.
                      (d) The committee shall complete its business and make a final report to the Government
                  Operations Interim Committee by November 30, 2000.
                      (2) There is created a Veterans' Nursing Home Consolidation Committee.
                      (a) The committee shall consist of the members of the Veterans' Advisory Council, the
                  Veterans' Nursing Home Advisory Board, and the adjutant general of the Utah National Guard or his
                  designee.
                      (b) The division of Veterans' Affairs shall provide staff to the committee.
                      (c) The committee shall study the transfer of the supervision of the Veterans' Nursing Home
                  to the Division of Veterans' Affairs. Specifically, the committee shall create a process by which the
                  transfer of supervision of the Veterans' Nursing Home to the division is completed in an efficient and
                  orderly manner, taking into account all federal and state requirements necessary to maintain
                  certification.
                      (d) The committee shall make a progress report to the Government Operations Interim
                  Committee by November 30, 2000, and a final report to the same committee by November 30, 2001.
                      Section 22. Effective date.
                      (1) Sections 71-7-3 and 71-7-4 of this act take effect on July 1, 2001.
                      (2) Sections 71-11-2 through 71-11-8 take effect on July 1, 2002.
                      (3) All other sections in this act take effect on July 1, 2000.

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