Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 46 (2016GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 3/25/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies who appoints members to the Veterans' Memorial Park Board and the Veterans' nursing home advisory boards;
• directs to whom minutes of board meetings are provided with a time line; and
• amends membership of Veterans' nursing home advisory boards.

Every vote on this bill

Bill text

VETERANS AFFAIRS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
Peter C. Knudson
LONG TITLE
General Description:
This bill modifies the governing structure for certain veterans park and nursing home
boards.
Highlighted Provisions:
This bill:
▸ modifies who appoints members to the Veterans' Memorial Park Board and the
Veterans' nursing home advisory boards;
▸ directs to whom minutes of board meetings are provided with a time line; and
▸ amends membership of Veterans' nursing home advisory boards.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
71-7-4
, as last amended by Laws of Utah 2013, Chapter 214
71-8-2
, as last amended by Laws of Utah 2013, Chapter 214
71-11-7
, as last amended by Laws of Utah 2013, Chapter 214
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
71-7-4
 is amended to read:
71-7-4.
Veterans' Memorial Park Board -- Members -- Appointment -- Meetings
-- Per diem and travel expenses.
(1) There is created a Veterans' Memorial Park Board to serve as an advisory body to
the Department of Veterans' and Military Affairs on matters relating to the establishment and
operation of a veterans' cemetery and memorial park.
(2) The board shall consist of the following five members:
(a) one representative recommended by the state commander of the Veterans of
Foreign Wars;
(b) one representative recommended by the state commander of the American Legion;
(c) one representative recommended by the state commander of the Disabled American
Veterans;
(d) the 
executive
 director of the Department of Veterans' and Military Affairs; and
(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
] 
executive director
 shall
appoint members in Subsections (2)(a), (b), (c), and (e) above for four-year terms. The
[
governor
] 
executive director
 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
] 
executive
director
 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 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 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
] 
to the
Department of Veterans' and Military Affairs within 14 days of approval
.
(7) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 2. Section 
71-8-2
 is amended to read:
71-8-2.
Department of Veterans' and Military Affairs created -- Appointment of
executive director -- Department responsibilities.
(1) There is created the Department of Veterans' and Military Affairs.
(2) The governor shall appoint an executive director for the department, after
consultation with the Veterans' Advisory Council, who is subject to Senate confirmation.
(a) The executive director shall be a veteran.
(b) Any veteran or veteran's group may submit names to the council for consideration.
(3) The department shall:
(a) conduct and supervise all veteran activities as provided in this title; and
(b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to carry out the provisions of this title.
(4) Nothing in this chapter shall be construed as altering or preempting the provisions
of Title 39, Militia and Armories, as specifically related to the Utah National Guard.
Section 3. Section 
71-11-7
 is amended to read:
71-11-7.
Veterans' nursing home advisory boards.
(1) [
(a)
] Each home shall have a [
Veterans' Nursing Home Advisory Board
] 
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 interview candidates for the position of nursing home
administrator and make a recommendation to the department.
]
(2) Each board shall consist of [
the following
] 
at least
 seven
, but no more than 11,
members 
appointed as follows by the executive director
:
[
(a) one resident of the home appointed by the governor;
]
[
(b) two members of the Veterans' Advisory Council, designated by the governor, one
of which shall specifically be designated as the board's representative to the council;
]
[
(c) one veteran from the area in which the home is located appointed by the governor;
]
[
(d) one representative from the VA Health Care System, appointed by its director;
]
(a) one appointee of the Resident Council of the specific veterans' nursing home;
(b) three veterans from the geographic area in which the veterans' nursing home is
located;
(c) one medical professional experienced in veteran nursing home quality of care
issues;
(d) three at-large members with an interest in the success of veterans' nursing homes;
and
[
(e) one representative from the Department of Health, appointed by its executive
director; and
]
(e) one member each from:
(i) the American Legion;
(ii) Disabled American Veterans; and
(iii) the Veterans of Foreign Wars.
[
(f) one representative from the United States Department of Veterans Affairs regional
office.
]
(3) (a) (i) Members shall serve for four-year terms.
(ii) Except as required by Subsection (3)(b), as terms of current board members expire,
the [
governor
] 
executive director
 shall appoint each new or reappointed member to a four-year
term beginning on July 1.
(b) The [
governor
] 
executive director
 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
] 
executive director
 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 
not including the Resident Council representative
 shall be filled by the
[
governor
] 
executive director
 within 60 days of receiving notice of a vacancy, but only for the
unexpired term of the vacated member.
(5) [
(a) Except as provided in Subsection (5)(b), members
] 
Members
 may not serve
more than two consecutive terms.
[
(b) Members appointed by the VA Health Care System and the United States
Department of Veterans Affairs are exempt from the term limit requirement.
]
(6) Each board shall elect a chair annually from among its members at its first meeting
after July 1.
(7) Each board shall meet at least quarterly.
(8) [
Four
] 
A majority of the
 members of the board 
present
 constitute a quorum for the
transaction of business.
(9) Each board shall provide copies of all minutes [
and an annual report of its activities
by June 30 of each year to the executive director
] of 
each meeting to
 the Department of
Veterans' and Military Affairs[
, and the Veterans' Advisory Council
] 
within 14 days of
approval
.
(10) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.