Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 53 (2016GS)

Sponsor

Sen. Knudson, P.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends documentation requirements for verification for honorable or general discharges as related to public and private sector employment;
• defines discharge documents;
• modifies the definition of a veteran for veterans' preference; and
• specifies the definition of a veteran for specific areas and positions.

Every vote on this bill

Bill text

VETERAN'S DEFINITION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Peter C. Knudson
House Sponsor: 
Paul Ray
LONG TITLE
General Description:
This bill conforms existing statutes to the new definition of a veteran.
Highlighted Provisions:
This bill:
▸ amends documentation requirements for verification for honorable or general
discharges as related to public and private sector employment;
▸ defines discharge documents;
▸ modifies the definition of a veteran for veterans' preference; and
▸ specifies the definition of a veteran for specific areas and positions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34-50-102
, as enacted by Laws of Utah 2015, Chapter 263
34-50-103
, as enacted by Laws of Utah 2015, Chapter 263
53B-8-107
, as last amended by Laws of Utah 2013, Chapter 214
67-19-15
, as last amended by Laws of Utah 2015, Chapter 401
71-8-2
, as last amended by Laws of Utah 2013, Chapter 214
71-8-4
, as last amended by Laws of Utah 2014, Chapter 91
71-8-5
, as enacted by Laws of Utah 2013, Chapter 308
71-10-1
, as last amended by Laws of Utah 2014, Chapter 137
71-11-2
, as last amended by Laws of Utah 2013, Chapter 214
71-11-6
, as last amended by Laws of Utah 2005, First Special Session, Chapter 7
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34-50-102
 is amended to read:
34-50-102.
Definitions.
As used in this chapter:
[
(1) "DD 214" means the United States Department of Defense Certificate of Release
or Discharge from Active Duty.
]
[
(2)
] 
(1)
 "Department" means the same as that term is defined in Section 
71-11-2
.
(2) "Discharge document" means a document received by a servicemember upon
separation from military service, including:
(a) a DD 214, United States Department of Defense Certificate of Release or Discharge
from Active Duty;
(b) a DD 256, United States Department of Defense Honorable Discharge Certificate;
(c) a DD 257, United States General Discharge Certificate; or
(d) an NGB 22, Utah National Guard Certificate of Release or Discharge.
(3) "Preference eligible" means the same as that term is defined in Section 
71-10-1
.
(4) "Private employer" means the same as that term is defined in Section 
63G-12-102
.
(5) "Veteran" means the same as that term is defined in Section [
71-10-1
] 
68-3-12.5
.
Section 2. Section 
34-50-103
 is amended to read:
34-50-103.
Voluntary veterans preference employment policy -- Private
employment -- Antidiscrimination requirements.
(1) A private sector employer may create a veterans employment preference policy.
(2) The veterans employment preference policy shall be:
(a) in writing; and
(b) applied uniformly to employment decisions regarding hiring, promotion, or
retention including during a reduction in force.
(3) A private employer may require a veteran to submit a [
DD 214
] 
discharge
document
 form to be eligible for the preference.
(4) A private employer's veterans employment preference policy shall be publicly
posted by the employer at the place of employment or on the Internet if the employer has a
website or uses the Internet to advertise employment opportunities.
Section 3. Section 
53B-8-107
 is amended to read:
53B-8-107.
Military member surviving dependents -- Tuition waiver.
(1) As used in this section[
, "qualifying deceased military member" means a person: (a) 
who
]:
(a) "Federal active duty" means serving under orders in accordance with United States
Code, Title 10 or Title 32, at any time on or after September 11, 2001.
(b) "Qualifying deceased military member" means a person who:
(i) [
is
] 
was
 killed while serving on state or federal active duty, under orders of
competent authority and not as a result of the member's own misconduct; or
(ii) dies of wounds or injuries received while serving on state or federal active duty,
under orders of competent authority and not as a result of the member's own misconduct; and
[
(b) who: (i) is
] 
(iii) was
 a member of the armed forces of the United States and a Utah
resident;
[
(ii) is
] 
(iv) was
 a member of the reserve component of the armed forces on or after
September 11, 2001, and a Utah resident; or
[
(iii) is
] 
(v) was
 a member of the Utah National Guard on or after September 11, 2001.
(c) "State active duty" means serving in the Utah National Guard in any duty status
authorized by the governor under Title 39, Militias and Armories.
(2) This section shall be known as the Scott B. Lundell Military Survivors' tuition
waiver.
(3) A state institution of higher education shall waive undergraduate tuition for a
dependent of a qualifying deceased military member under the following conditions:
(a) the dependent has been accepted by the institution in accordance with the
institution's admissions guidelines;
(b) except as provided in Subsection (4), the dependent is a resident student as
determined under Section 
53B-8-102
;
(c) the dependent may not have already completed a course of studies leading to an
undergraduate degree;
(d) the dependent may only utilize the waiver for courses that are applicable toward the
degree or certificate requirements of the program in which the dependent is enrolled; and
(e) the dependent may not be excluded from the waiver if the dependent has previously
taken courses at or has been awarded credit by a state institution of higher education.
(4) Notwithstanding Subsection (3)(b), a dependent of a qualifying deceased military
member that was a member of the Utah National Guard is not required to be a resident student
as determined under Section 
53B-8-102
.
(5) The tuition waiver in this section is applicable for undergraduate study only.
(6) The Department of Veterans' and Military Affairs, after consultation with the
adjutant general if necessary, shall certify to the institution that the dependent is a surviving
dependent eligible for the tuition waiver in accordance with this section.
(7) The waiver in this section does not apply to fees, books, or housing expenses.
(8) The State Board of Regents may request reimbursement from the Legislature for
costs incurred in providing the tuition waiver under this section.
Section 4. Section 
67-19-15
 is amended to read:
67-19-15.
Career service -- Exempt positions -- Schedules for civil service
positions -- Coverage of career service provisions.
(1) Except as otherwise provided by law or by rules and regulations established for
federally aided programs, the following positions are exempt from the career service provisions
of this chapter and are designated under the following schedules:
(a) schedule AA includes the governor, members of the Legislature, and all other
elected state officers;
(b) schedule AB includes appointed executives and board or commission executives
enumerated in Section 
67-22-2
;
(c) schedule AC includes all employees and officers in:
(i) the office and at the residence of the governor;
(ii) the Utah Science Technology and Research Initiative (USTAR);
(iii) the Public Lands Policy Coordinating Council;
(iv) the Office of the State Auditor; and
(v) the Office of the State Treasurer;
(d) schedule AD includes employees who:
(i) are in a confidential relationship to an agency head or commissioner; and
(ii) report directly to, and are supervised by, a department head, commissioner, or
deputy director of an agency or its equivalent;
(e) schedule AG includes employees in the Office of the Attorney General who are
under their own career service pay plan under Sections 
67-5-7
 through 
67-5-13
;
(f) schedule AH includes:
(i) teaching staff of all state institutions; and
(ii) employees of the Utah Schools for the Deaf and the Blind who are:
(A) educational interpreters as classified by the department; or
(B) educators as defined by Section 
53A-25b-102
;
(g) schedule AN includes employees of the Legislature;
(h) schedule AO includes employees of the judiciary;
(i) schedule AP includes all judges in the judiciary;
(j) schedule AQ includes:
(i) members of state and local boards and councils appointed by the governor and
governing bodies of agencies;
(ii) a water commissioner appointed under Section 
73-5-1
;
(iii) other local officials serving in an ex officio capacity; and
(iv) officers, faculty, and other employees of state universities and other state
institutions of higher education;
(k) schedule AR includes employees in positions that involve responsibility:
(i) for determining policy;
(ii) for determining the way in which a policy is carried out; or
(iii) of a type not appropriate for career service, as determined by the agency head with
the concurrence of the executive director;
(l) schedule AS includes any other employee:
(i) whose appointment is required by statute to be career service exempt;
(ii) whose agency is not subject to this chapter; or
(iii) whose agency has authority to make rules regarding the performance,
compensation, and bonuses for its employees;
(m) schedule AT includes employees of the Department of Technology Services,
designated as executive/professional positions by the executive director of the Department of
Technology Services with the concurrence of the executive director;
(n) schedule AU includes patients and inmates employed in state institutions;
(o) employees of the Department of Workforce Services, designated as schedule AW:
(i) who are temporary employees that are federally funded and are required to work
under federally qualified merit principles as certified by the director; or
(ii) for whom substantially all of their work is repetitive, measurable, or transaction
based, and who voluntarily apply for and are accepted by the Department of Workforce
Services to work in a pay for performance program designed by the Department of Workforce
Services with the concurrence of the executive director; and
(p) for employees in positions that are temporary, seasonal, time limited, funding
limited, or variable hour in nature, under schedule codes and parameters established by the
department by administrative rule.
(2) The civil service shall consist of two schedules as follows:
(a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
(ii) Removal from any appointive position under schedule A, unless otherwise
regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
(b) Schedule B is the competitive career service schedule, consisting of:
(i) all positions filled through competitive selection procedures as defined by the
executive director; or
(ii) positions filled through a department approved on-the-job examination intended to
appoint a qualified person with a disability
,
 or a veteran [
as defined in Section 
71-10-1
.
] 
in
accordance with Title 71, Chapter 10, Veteran's Preference.
(3) (a) The executive director, after consultation with the heads of concerned executive
branch departments and agencies and with the approval of the governor, shall allocate positions
to the appropriate schedules under this section.
(b) Agency heads shall make requests and obtain approval from the executive director
before changing the schedule assignment and tenure rights of any position.
(c) Unless the executive director's decision is reversed by the governor, when the
executive director denies an agency's request, the executive director's decision is final.
(4) (a) Compensation for employees of the Legislature shall be established by the
directors of the legislative offices in accordance with Section 
36-12-7
.
(b) Compensation for employees of the judiciary shall be established by the state court
administrator in accordance with Section 
78A-2-107
.
(c) Compensation for officers, faculty, and other employees of state universities and
institutions of higher education shall be established as provided in Title 53B, Chapter 1,
Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
Higher Education.
(d) Unless otherwise provided by law, compensation for all other schedule A
employees shall be established by their appointing authorities, within ranges approved by, and
after consultation with the executive director of the Department of Human Resource
Management.
(5) An employee who is in a position designated schedule AC and who holds career
service status on June 30, 2010, shall retain the career service status if the employee:
(a) remains in the position that the employee is in on June 30, 2010; and
(b) does not elect to convert to career service exempt status in accordance with a rule
made by the department.
Section 5. 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
] 
an individual who:
(i) has served on active duty in the armed forces for more than 180 consecutive days;
(ii) was a member of a reserve component who served in a campaign or expedition for
which a campaign medal has been authorized; or
(iii) incurred an actual service-related injury or disability in the line of duty, whether or
not that person completed 180 consecutive days of active duty; and
(iv) was separated or retired under honorable conditions
.
(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.
Section 6. Section 
71-8-4
 is amended to read:
71-8-4.
Veterans' Advisory Council -- Membership -- Duties and responsibilities
-- Per diem and travel expenses.
(1) There is created a Veterans' Advisory Council whose purpose is to advise the
executive director of the Department of Veterans' and Military Affairs on issues relating to
veterans.
(2) The council shall consist of the following 14 members:
(a) 11 voting members to serve four-year terms:
(i) seven veterans at large appointed by the governor;
(ii) the commander or the commander's designee, whose terms shall last for as long as
they hold that office, from each of the following organizations:
(A) Veterans of Foreign Wars;
(B) American Legion; and
(C) Disabled American Veterans; and
(iii) a representative from the Office of the Governor; and
(b) three nonvoting members:
(i) the executive director of the Department of Veterans' and Military Affairs;
(ii) the director of the VA Health Care System or his designee; and
(iii) the director of the VA Benefits Administration Regional Office in Salt Lake City,
or his designee.
(3) (a) Except as required by Subsection (3)(b), as terms of current council 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
council members are staggered so that approximately half of the 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 for the unexpired term within 60 days of receiving notice.
(5) Members appointed by the governor may not serve more than three consecutive
terms.
(6) (a) Any veterans' group or veteran may provide the executive director with a list of
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 and vice chair from among the council members
every two years. The chair and vice chair shall 
each
 be [
veterans
] 
an individual who:
(a) has served on active duty in the armed forces for more than 180 consecutive days;
(b) was a member of a reserve component who served in a campaign or expedition for
which a campaign medal has been authorized; or
(c) incurred an actual service-related injury or disability in the line of duty, whether or
not that person completed 180 consecutive days of active duty; and
(d) was separated or retired under honorable conditions
.
(8) (a) The council shall meet at least once every quarter.
(b) The executive director of the Department of Veterans' and Military Affairs may
convene additional meetings, as necessary.
(9) The department shall provide staff to the council.
(10) 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 executive director of the Department of Veterans' and
Military Affairs and make recommendations concerning them;
(c) keep abreast of federal developments that affect veterans locally and advise the
executive director of them;
(d) approve, by a majority vote, the use of money generated from veterans' license
plates under Section 
41-1a-422
 for veterans' programs; and
(e) assist the director in developing guidelines and qualifications for:
(i) participation by donors and recipients in the Veterans' Assistance Registry created
in Section 
71-12-101
; and
(ii) developing a process for providing contact information between qualified donors
and recipients.
(12) 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 7. Section 
71-8-5
 is amended to read:
71-8-5.
Veterans' services coordinator qualifications -- Duties.
(1) The veterans' services coordinator shall:
(a) be [
a veteran
] 
an individual who:
(i) has served on active duty in the armed forces for more than 180 consecutive days;
(ii) was a member of a reserve component who served in a campaign or expedition for
which a campaign medal has been authorized; or
(iii) incurred an actual service-related injury or disability in the line of duty, whether or
not that person completed 180 consecutive days of active duty; and
(iv) was separated or retired under honorable conditions
;
(b) have the education and experience in the use of computer technology, including
databases, to collect, manage, and store information; and
(c) have some education and experience in public relations.
(2) The veterans' services coordinator shall be responsible to:
(a) identify all government entities that provide services for veterans;
(b) develop a process for coordination of veterans' services across all government
entities; and
(c) develop and provide training for veterans' affairs specialists on the coordination of
veterans' services with the department.
Section 8. Section 
71-10-1
 is amended to read:
71-10-1.
Definitions.
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) "Government entity" means the state, any county, municipality, local district,
special service district, or any other political subdivision or administrative unit of the state,
including state institutions of education.
(3) "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 veteran with a disability, regardless of the 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.
(4) "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 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.
] 
the same as that term is defined in Section
68-3-12.5
.
(5) "Veteran with a disability" 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.
Section 9. Section 
71-11-2
 is amended to read:
71-11-2.
Definitions.
As used in this chapter:
(1) "Administrator" means a Veterans' Nursing Home Administrator selected in
accordance with Section 
71-11-5
.
(2) "Board" means any Veterans' Nursing Home Advisory Board.
(3) "Department" means the Department of Veterans' and Military Affairs created in
Section 
71-8-2
.
(4) "Executive director" means the executive director of the Department of Veterans'
and Military Affairs.
(5) "Home" means any Utah Veterans' Nursing Home.
(6) "Veteran" [
is as defined in Subsection 
71-10-1
(4)
] 
means the same as that term is
defined in Section 
68-3-12.5
.
Section 10. Section 
71-11-6
 is amended to read:
71-11-6.
Eligibility -- Admission requirements.
(1) Application for admission shall be made separately to each nursing home
administrator.
(2) Veterans and their spouses or surviving spouses who are residents of Utah
, meet
federal eligibility requirements,
 and 
are
 in need of nursing home care may be admitted to any
home.
(3) Preference shall be given to veterans who are without adequate means of support
and unable, due to wounds, disease, old age, or infirmity, to properly maintain themselves.