1     
VETERANS AFFAIRS AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Peter C. Knudson

6     

7     LONG TITLE
8     Committee Note:
9          The Veterans' and Military Affairs Commission recommended this bill.
10               Membership:     5 legislators     18 non-legislators
11               Legislative Vote:     3 voting for     0 voting against     2 absent
12     General Description:
13          This bill modifies the governing structure for certain veterans park and nursing home
14     boards.
15     Highlighted Provisions:
16          This bill:
17          ▸     modifies who appoints members to the Veterans' Memorial Park Board and the
18     Veterans' nursing home advisory boards;
19          ▸     directs to whom minutes of board meetings are provided with a time line; and
20          ▸     amends membership of Veterans' nursing home advisory boards.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          71-7-4, as last amended by Laws of Utah 2013, Chapter 214
28          71-8-2, as last amended by Laws of Utah 2013, Chapter 214
29          71-11-7, as last amended by Laws of Utah 2013, Chapter 214
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 71-7-4 is amended to read:
33          71-7-4. Veterans' Memorial Park Board -- Members -- Appointment -- Meetings
34     -- Per diem and travel expenses.
35          (1) There is created a Veterans' Memorial Park Board to serve as an advisory body to
36     the Department of Veterans' and Military Affairs on matters relating to the establishment and
37     operation of a veterans' cemetery and memorial park.
38          (2) The board shall consist of the following five members:
39          (a) one representative recommended by the state commander of the Veterans of
40     Foreign Wars;
41          (b) one representative recommended by the state commander of the American Legion;
42          (c) one representative recommended by the state commander of the Disabled American
43     Veterans;
44          (d) the executive director of the Department of Veterans' and Military Affairs; and
45          (e) one person not affiliated with any of the organizations referred to in this Subsection
46     (2).
47          (3) (a) Except as required by Subsection (3)(b), the [governor] executive director shall
48     appoint members in Subsections (2)(a), (b), (c), and (e) above for four-year terms. The
49     [governor] executive director shall make final appointments to the board by June 30 of any year
50     in which appointments are to be made under this chapter.
51          (b) Notwithstanding the requirements of Subsection (3)(a), the [governor] executive
52     director shall, at the time of appointment or reappointment, adjust the length of terms to ensure
53     that the terms of board members are staggered so that approximately half of the board is
54     appointed every two years.
55          (c) All members shall serve until their successors are appointed.
56          (d) Members may not serve more than two consecutive terms.
57          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
58     appointed for the unexpired term in the same manner as the original appointment.
59          (5) (a) The board shall select a chair annually from among its members at its first
60     meeting after July 1.
61          (b) Three members of the board constitute a quorum to transact business.
62          (c) The board shall meet at least quarterly on a regular date fixed by the board.
63          (d) The chair or three members of the board may call additional meetings.
64          (6) The board shall provide copies of all minutes [and an annual report of its activities
65     by June 30 of each year to the Veterans' Advisory Council created in Section 71-8-4] to the
66     Department of Veterans' and Military Affairs within 14 days of approval.
67          (7) A member may not receive compensation or benefits for the member's service, but
68     may receive per diem and travel expenses in accordance with:
69          (a) Section 63A-3-106;
70          (b) Section 63A-3-107; and
71          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
72     63A-3-107.
73          Section 2. Section 71-8-2 is amended to read:
74          71-8-2. Department of Veterans' and Military Affairs created -- Appointment of
75     executive director -- Department responsibilities.
76          (1) There is created the Department of Veterans' and Military Affairs.
77          (2) The governor shall appoint an executive director for the department, after
78     consultation with the Veterans' Advisory Council, who is subject to Senate confirmation.
79          (a) The executive director shall be a veteran.
80          (b) Any veteran or veteran's group may submit names to the council for consideration.
81          (3) The department shall:
82          (a) conduct and supervise all veteran activities as provided in this title; and
83          (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
84     Rulemaking Act, to carry out the provisions of this title.
85          (4) Nothing in this chapter shall be construed as altering or preempting the provisions
86     of Title 39, Militia and Armories, as specifically related to the Utah National Guard.
87          Section 3. Section 71-11-7 is amended to read:
88          71-11-7. Veterans' nursing home advisory boards.
89          (1) [(a)] Each home shall have a [Veterans' Nursing Home Advisory Board] nursing
90     home advisory board to act as a liaison between the residents, members of the public, and the
91     administration of the home.
92          [(b) The board shall interview candidates for the position of nursing home
93     administrator and make a recommendation to the department.]
94          (2) Each board shall consist of [the following] at least seven, but no more than 11,
95     members appointed as follows by the executive director:
96          [(a) one resident of the home appointed by the governor;]
97          [(b) two members of the Veterans' Advisory Council, designated by the governor, one
98     of which shall specifically be designated as the board's representative to the council;]
99          [(c) one veteran from the area in which the home is located appointed by the governor;]
100          [(d) one representative from the VA Health Care System, appointed by its director;]
101          (a) one appointee of the Resident Council of the specific veterans' nursing home;
102          (b) three veterans from the geographic area in which the veterans' nursing home is
103     located;
104          (c) one medical professional experienced in veteran nursing home quality of care
105     issues;
106          (d) three at-large members with an interest in the success of veterans' nursing homes;
107     and
108          [(e) one representative from the Department of Health, appointed by its executive
109     director; and]
110          (e) one member each from:
111          (i) the American Legion;
112          (ii) Disabled American Veterans; and
113          (iii) the Veterans of Foreign Wars.
114          [(f) one representative from the United States Department of Veterans Affairs regional
115     office.]
116          (3) (a) (i) Members shall serve for four-year terms.
117          (ii) Except as required by Subsection (3)(b), as terms of current board members expire,
118     the [governor] executive director shall appoint each new or reappointed member to a four-year
119     term beginning on July 1.
120          (b) The [governor] executive director shall, at the time of appointment or
121     reappointment, adjust the length of terms to ensure that the terms of board members are
122     staggered so that approximately half of the board is appointed every two years.
123          (c) The [governor] executive director shall make final appointments to the board by
124     June 30 of any year in which appointments are to be made under this chapter.
125          (4) Vacancies not including the Resident Council representative shall be filled by the
126     [governor] executive director within 60 days of receiving notice of a vacancy, but only for the
127     unexpired term of the vacated member.
128          (5) [(a) Except as provided in Subsection (5)(b), members] Members may not serve
129     more than two consecutive terms.
130          [(b) Members appointed by the VA Health Care System and the United States
131     Department of Veterans Affairs are exempt from the term limit requirement.]
132          (6) Each board shall elect a chair annually from among its members at its first meeting
133     after July 1.
134          (7) Each board shall meet at least quarterly.
135          (8) [Four] A majority of the members of the board present constitute a quorum for the
136     transaction of business.
137          (9) Each board shall provide copies of all minutes [and an annual report of its activities
138     by June 30 of each year to the executive director] of each meeting to the Department of
139     Veterans' and Military Affairs[, and the Veterans' Advisory Council] within 14 days of
140     approval.
141          (10) A member may not receive compensation or benefits for the member's service, but
142     may receive per diem and travel expenses in accordance with:
143          (a) Section 63A-3-106;
144          (b) Section 63A-3-107; and
145          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
146     63A-3-107.




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