Bill Text: AZ HB2487 | 2019 | Fifty-fourth Legislature 1st Regular | Chaptered
Bill Title: State veterans' homes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-04-11 - Chapter 78 [HB2487 Detail]
Download: Arizona-2019-HB2487-Chaptered.html
|
House Engrossed |
|
State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
|
|
CHAPTER 78
|
|
HOUSE BILL 2487 |
|
|
AN ACT
amending sections 41-603, 41-603.01 and 41-608.01, Arizona Revised Statutes; relating to the department of veterans' services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-603, Arizona Revised Statutes, is amended to read:
41-603. Powers and duties
A. The department may act as guardian of an incapacitated veteran, the incapacitated spouse of a veteran or minor children of a veteran, or as conservator of the estate of a protected veteran or of the veteran's incapacitated or surviving spouse or of the minor children of a veteran. The department may act in all fiduciary matters, including as power of attorney, trustee, custodian or representative payee of a veteran, spouse of a veteran or minor child of a veteran. The department may act as the personal representative of the estate of a deceased veteran, deceased spouse of a veteran or deceased child of a veteran.
B. The department shall:
1. Assist veterans and their families and dependents in presenting, providing and establishing claims, privileges, rights and benefits they may have under federal, state or local law.
2. Inform veterans and their families and dependents and military and civilian authorities about federal, state and local laws enacted to benefit veterans and their families and dependents and members of the armed forces.
3. Collect information relating to services and facilities available to veterans.
4. Cooperate with all government and private agencies receiving services for or benefits to veterans and their families and dependents.
5. Conduct administrative reviews and, if possible, correct abuses or prevent exploitation of veterans and their families or dependents and recommend corrective legislation.
6. Adopt rules deemed necessary to administer this article.
7. Enter into agreements with veterans' organizations in this state holding a charter granted by the Congress of the United States for the beneficial interest of veterans.
8. Verify and provide written confirmation to the person of eligibility for special license plates issued pursuant to section 28‑2475 by determining that all of the following are true:
(a) The person was a member of the United States armed forces on December 7, 1941.
(b) The person received an honorable discharge from the United States armed forces.
(c) The person was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time at Pearl Harbor, the Island of Oahu or offshore, at a distance not exceeding three miles.
9. Evaluate, supervise, approve and disapprove programs offered by educational institutions and training establishments pursuant to United States Code titles 10 and 38 and state rules, so that veterans and their dependents may draw the educational allowance provided by federal law while pursuing approved programs.
10. Establish an application process for the Arizona gold star military medal, shall verify the eligibility of recipients and, if funding is available, may award the Arizona gold star military medal to an eligible individual.
C. The department may:
1. Acquire property for and construct and operate a veterans' home facility facilities in southern Arizona this state.
2. Acquire property for and establish and operate cemeteries for veterans in this state.
3. Establish a training center to provide training to current or potential employees and the veteran community. The department may establish a fee for this training.
Sec. 2. Section 41-603.01, Arizona Revised Statutes, is amended to read:
41-603.01. Veterans' homes; department procurement exemptions
A. The department shall provide long‑term care services and skilled nursing care to veterans and their spouses in the veterans' home homes and shall operate and maintain the veterans' home homes as a self‑sustaining facility facilities.
B. The department may employ staff to operate the veterans' home homes as a skilled nursing facility facilities that provides provide long‑term care services.
C. The department shall set guidelines for determining eligibility for admission to the veterans' home homes and the monetary charges to be paid by residents. All guidelines shall conform to the federal requirements that must be met to qualify the veterans' home homes as a nursing home homes for veterans and to render the home homes eligible to receive federal financial assistance.
D. In administering the veterans' home homes, the department may:
1. Establish accounts to record the receipt and disbursements from residents to pay for maintenance in the home homes.
2. Set charges.
3. Develop accounts and procedures pertaining to incompetent residents.
4. Establish such other accounts as are necessary for the orderly administration of the home homes.
5. Settle any debt owed to the veterans' home homes by collecting at least seventy‑five per cent percent of the account balance. If the department cannot collect at least seventy‑five per cent percent of an account balance, the department shall refer the account to the attorney general's office for collection pursuant to chapter 1, article 5 of this title.
6. Adopt rules necessary for the operation of the veterans' home homes.
E. Notwithstanding chapter 23 of this title the department may:
1. Award a contract for tangible personal property to be used by the department without the use of competitive sealed bids or competitive sealed proposals at a price equal to or less than the contractor's current federal supply contract price if the contractor indicates in writing that the contractor is willing to extend the current federal supply contract pricing, terms and conditions to the tangible personal property and the purchase order for the items of tangible personal property adequately identifies the federal supply contract on which the contract is based.
2. Dispose of surplus property at the veterans' home homes by sale to private persons, firms and corporations, including hospitals and other nursing home facilities. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all monies collected from the sale of surplus property at the veterans' home homes in the state home homes for veterans trust fund established by section 41‑608.01.
F. The department is exempt from chapter 23 of this title for the purchase of supplies and items for resale such as food, gift items, souvenirs and other similar items and for contracting for services relating to the gift shop shops and vending machines located in the veterans' home homes.
Sec. 3. Section 41-608.01, Arizona Revised Statutes, is amended to read:
41-608.01. State homes for veterans trust fund; purpose
A. A The state home homes for veterans trust fund is established. The director shall administer the fund for the sole purpose of operating and maintaining state operated state-operated nursing and domiciliary homes for Arizona veterans.
B. The fund consists of monies deposited by the director from monies generated by operating the Arizona veterans' home homes and monies deposited pursuant to section 41‑603.01.
C. Monies in the fund are subject to annual appropriation by the legislature. The fund is exempt from the provisions of section 35‑190 relating to lapsing of appropriations. Any monies in the fund remaining unexpended or unencumbered at the end of the fiscal year do not revert to the state general fund.
D. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.
APPROVED BY THE GOVERNOR APRIL 11, 2019.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 11, 2019.
