reglab/statecodes huggingface dataset:
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 2 - Veterans Preference › Section 101 - Veterans preference -- Definitions.

Effective 5/3/2023
71A-2-101.
Veterans preference -- Definitions.
(1) As used in this chapter:
(a) "Government entity" means the state, any county, municipality, special district, special service district, or any other political subdivision or administrative unit of the state, including state institutions of education.
(b) "Individual with a disability" means a veteran or service member who has established the existence of a service-connected disability or is receiving compensation, disability retirement benefits, or a pension because of a public statute administered by the VA or a military department.
(c) "Preference eligible" means:
(i) any individual who is a veteran or service member;
(ii) an individual with a disability, regardless of the percentage of disability;
(iii) the spouse or surviving spouse of a veteran;
(iv) a purple heart recipient; or
(v) a retired member of the armed forces.
(2) Terms defined in Section 71A-1-101 apply to this chapter.
Amended by Chapter 16, 2023 General Session
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 2 - Veterans Preference › Section 102 - Veterans preference.

Effective 5/3/2023
71A-2-102.
Veterans preference.
(1) Each government entity shall grant a veterans preference upon initial application to each preference eligible individual according to the procedures and requirements of this chapter.
(2) The personnel or human resource 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) 5% of the total possible score, if the preference eligible is a veteran or service member;
(b) 10% of the total possible score, if the preference eligible is a veteran or service member with a disability or a purple heart recipient; or
(c) in the case of a preference eligible spouse or surviving spouse, the same percentage the qualifying veteran or service member 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 for the position.
(4) Preference eligibility shall be added to a minimum of one step in the process.
(5) The granting of a veterans preference by a government entity in accordance with this chapter is not a violation of:
(a)Title 34A, Chapter 5, Utah Antidiscrimination Act; or
(b) any other state or local equal employment opportunity law.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 2 - Veterans Preference › Section 103 - Veterans preference -- Willful failure to give preference a misdemeanor.

Effective 5/3/2023
71A-2-103.
Veterans preference -- Willful failure to give preference a misdemeanor.
(1) An officer, agent, or representative of a government entity who is charged with employment of people may not willfully fail to give preference as provided in this chapter.
(2) Willful failure to extend veterans preference to an applicant is a class B misdemeanor.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 3 - Veterans Service Organizations Assistance Contracts › Section 101 - Veterans service organizations assistance contracts -- Contract to provide assistance to service members, veterans and their spouses, surviving spouses, and children.

Effective 5/3/2023
71A-3-101.
Veterans service organizations assistance contracts -- Contract to provide assistance to service members, veterans and their spouses, surviving spouses, and children.
The department is authorized to contract with a veterans service organization organized in this state to provide, especially in the outlying areas of the state, assistance to service members, veterans, their spouses, surviving spouses, and children as follows:
(1) disseminate information regarding all laws applicable in the preparation, presentation, and prosecution of claims against the United States arising by reason of service in the uniformed services;
(2) assist in the establishment of all rights and the procurement of all benefits which may accrue to eligible individuals under the laws of this state or of the United States;
(3) cooperate with any and all agencies and instrumentalities of this state or of the United States having to do with employment or reemployment;
(4) 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) assist eligible individuals in obtaining any preference for employment authorized by the laws of this state or of the United States; and
(6) assist eligible individuals in obtaining emergency relief, and cooperate with any agencies and instrumentalities of this state or of the United States established for the purpose of extending emergency relief.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 3 - Veterans Service Organizations Assistance Contracts › Section 102 - Veterans service organizations assistance contracts -- Contracts subject to appropriation of funds.

Effective 5/3/2023
71A-3-102.
Veterans service organizations assistance contracts -- Contracts subject to appropriation of funds.
Any contract entered into under Section 71A-3-101 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 executive director as to whether an appropriation is sufficient to carry out the terms of the contract is conclusive.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 3 - Veterans Service Organizations Assistance Contracts › Section 103 - Veterans service organizations assistance contracts -- Attorney general to represent state concerning contracts.

Effective 5/3/2023
71A-3-103.
Veterans service organizations assistance contracts -- Attorney general to represent state concerning contracts.
The attorney general shall represent the state in all proceedings involving any contract entered into under Section 71A-3-101, and shall provide any legal assistance necessary in carrying out the provisions of that section.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 4 - Veterans Benefits Application Assistance Act › Section 101 - Veterans Benefits Application Assistance Act -- Definitions.

Effective 5/3/2023
71A-4-101.
Veterans Benefits Application Assistance Act -- Definitions.
(1) As used in this chapter:
(a) "Accredited" means a veterans service organization representative, agent, or attorney to whom authority has been granted by the VA to provide assistance to claimants in the preparation, presentation, and prosecution of claims for VA benefits.
(b) "Assistance" means an accredited individual providing claimant-specific recommendations or preparing or submitting an application for VA benefits on behalf of a claimant.
(c) "Certify" means to submit in writing to a veteran or the veteran's dependents certain disclosure forms provided by the department.
(d) "Claimant" means a person who has filed or has expressed to a service organization representative, agent, or attorney an intention to file a written application for determination of entitlement to benefits provided under United States Code, Title 38, and implementing directives.
(e) "Non-compliant referral" means referring a veteran's or a veteran's dependent's original claim for veteran benefits for assistance to an individual who is in violation of the provisions of this chapter.
(f) "Referring entity" means an individual, business, or organization licensed in this state who refers or assists a veteran or a veteran's dependents for assistance with an original claim for veteran benefits.
(g) "VA benefits" means any payment, service, commodity, function, or status entitlement which is determined under laws administered by the VA pertaining to veterans, dependents, and survivors as well as other potential beneficiaries under United States Code, Title 38.
(h) "Veteran" includes all eligible dependents.
(2) Terms defined in Section 71A-1-101 apply to this chapter.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 4 - Veterans Benefits Application Assistance Act › Section 102 - Veterans Benefits Application Assistance Act -- Disclosure requirement for assisting a claimant.

Effective 5/3/2023
71A-4-102.
Veterans Benefits Application Assistance Act -- Disclosure requirement for assisting a claimant.
(1) Each individual offering to assist veterans in applying for benefits shall:
(a) be accredited, in compliance with the provisions of C.F.R., Title 38, Pensions, Bonuses, and Veterans' Relief, or, if under the supervision of an accredited attorney meet the provisions of C.F.R., Title 38, pertaining to authorized claim representation under an attorney; and
(b) disclose in writing, in a format approved by the department that the claimant can retain, the federal laws, regulations, and rules governing assistance for VA benefits.
(2) The disclosure required by Subsection (1)(b) shall specifically include:
(a) the individual's:
(i) name;
(ii) business address;
(iii) business phone number; and
(iv) the registration number from the VA;
(b) a statement of the claimant's rights regarding the assistance for VA benefits, including that there is no charge to the claimant or a member of the claimant's family for assistance with the initial benefits application; and
(c) a statement that if, as a result of the individual providing assistance for a claim, income is accrued to the assisting individual from the sale of a product or other services to the claimant, the income is both justified and reasonable as compared with income from similar products and services available in the state.
(3) No provisions of the form may be struck out or designated as nonapplicable.
(4) Disclosure forms, when completed, shall be:
(a) signed by both the individual providing assistance and the claimant; and
(b) retained for three years by the assisting individual.
(5) Copies of the disclosure form shall be provided to:
(a) the veteran on the day the form is completed and signed; and
(b) the department within five working days.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 4 - Veterans Benefits Application Assistance Act › Section 103 - Veterans Benefits Application Assistance Act -- Education requirements.

Effective 5/3/2023
71A-4-103.
Veterans Benefits Application Assistance Act -- Education requirements.
(1) All individuals and attorneys providing assistance to a veteran shall complete three hours of qualifying education as specified in 38 C.F.R. 14.629(b) during the first 12 month period following the date of initial accreditation.
(2) An additional three hours of qualifying continuing education shall be completed every two years following the initial 12-month period.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 4 - Veterans Benefits Application Assistance Act › Section 104 - Veterans Benefits Application Assistance Act -- Department responsibilities -- Notification -- Assistance -- Complaints -- Claimant responsibilities.

Effective 5/3/2023
71A-4-104.
Veterans Benefits Application Assistance Act -- Department responsibilities -- Notification -- Assistance -- Complaints -- Claimant responsibilities.
(1) The department shall notify in writing each veteran for whom the department has contact information that any individual or business offering to assist veterans in applying for benefits shall disclose in writing to the veteran the following:
(a) 38 C.F.R. 14.629 and 38 C.F.R. 14.630 require that any individual providing assistance be accredited by the VA;
(b) federal law restricts charging a veteran a fee for assisting in the initial application for VA benefits; and
(c) the department's website has a list with contact information of VA accredited claim representatives.
(2) Beginning July 1, 2015, and every three years after the department shall:
(a) notify the Insurance Department regarding the federal law governing assistance for VA benefits, and the Insurance Department shall notify all individual producers and consultants licensed by the Insurance Department at the time of initial licensing and upon license renewal of those same federal laws governing assistance for VA benefits;
(b) contact the Utah State Bar regarding federal law governing legal assistance for claimants applying for benefits and request that the association provide continuing legal education on federal laws governing assistance; and
(c) notify the Department of Health and Human Services regarding federal law governing the assistance for claimants applying for benefits, and require the Department of Health and Human Services to notify all assisted living and nursing care facilities of those federal laws.
(3) The executive director may establish procedures for processing complaints related to assistance regarding a claim for VA benefits.
(4) For violations by accredited or non-accredited individuals who offer assistance with VA benefits, the executive director may audit selected assisting individuals and referring entities for compliance with this chapter and federal laws which govern the provision of assistance to claimants.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 4 - Veterans Benefits Application Assistance Act › Section 105 - Veterans Benefits Application Assistance Act -- Exempt organizations.

Effective 5/3/2023
71A-4-105.
Veterans Benefits Application Assistance Act -- Exempt organizations.
Accredited representatives of the following organizations are exempt from the provisions of this chapter:
(1) American Legion;
(2) Veterans of Foreign Wars;
(3) Disabled American Veterans;
(4) Vietnam Veterans of America;
(5) American Veterans (AMVET);
(6) Military Order of the Purple Heart; and
(7) other VA recognized service organizations or individuals as determined by the executive director.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 5 - Veterans Assistance Registry › Section 101 - Veterans Assistance Registry -- Definitions.

Effective 5/3/2023
71A-5-101.
Veterans Assistance Registry -- Definitions.
(1) As used in this chapter:
(a) "Donor" means an individual or entity that provides material goods, services, or labor without charge to veterans in accordance with this chapter.
(b) "Recipient" means a veteran as defined in Section 68-3-12.5, or a veteran's dependent spouse and children.
(2) Terms defined in Section 71A-1-101 apply to this chapter.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 5 - Veterans Assistance Registry › Section 102 - Veterans Assistance Registry.

Effective 5/3/2023
71A-5-102.
Veterans Assistance Registry.
(1) There is created within the department a Veterans Assistance Registry.
(2) The intent of the registry is to provide contact information to qualified donors of material goods, services, and labor for qualified recipients in need of specific goods, services, or labor.
(3) The department shall, in consultation with the council:
(a) create a database of donors and recipients;
(b) develop an electronic link on the department's website to the database of donors and recipients;
(c) insure that information provided by donors and recipients is only used for the intended purpose as specified in Subsection (2) and not made public;
(d) provide instructions online for donors and recipients to use in registering for the registry;
(e) publicize through both local and nationwide veterans service organizations and the VA the availability of the registry; and
(f) track usage of and report annually on the registry program in accordance with Section 71A-1-202.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 5 - Veterans Assistance Registry › Section 103 - Immunity for use of registry.

Effective 5/3/2023
71A-5-103.
Immunity for use of registry.
A donor who provides material goods, services, or labor for registry recipients is considered to be acting on behalf of the department in accordance with the provisions of Title 63G, Chapter 8, Part 2, Immunity for Voluntary Services.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 6 - State Veterans Nursing Home › Section 101 - State Veterans Nursing Home -- Definitions.

Effective 5/3/2023
71A-6-101.
State Veterans Nursing Home -- Definitions.
(1) As used in this chapter:
(a) "Administrator" means a state veterans nursing home administrator selected in accordance with Section 71A-6-103.
(b) "Board" means any state veterans nursing home advisory board.
(c) "Home" means any state veterans nursing home.
(2) Terms defined in Section 71A-1-101 apply to this chapter.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 6 - State Veterans Nursing Home › Section 102 - State Veterans Nursing Home -- Establishment and construction -- Compliance with federal requirements.

Effective 5/3/2023
71A-6-102.
State Veterans Nursing Home -- Establishment and construction -- Compliance with federal requirements.
(1) The department shall be responsible for the administration and operation of state veterans nursing homes established by the Legislature, which may include contracting with a private health care provider to operate and manage each home.
(2) Each 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 VA under 38 U.S.C. Sec. 1741 et seq.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 6 - State Veterans Nursing Home › Section 103 - State veterans nursing home -- Operation of homes -- Rulemaking authority -- Selection of administrator.

Effective 5/3/2023
71A-6-103.
State veterans nursing home -- Operation of homes -- Rulemaking authority -- Selection of administrator.
(1) The department shall, subject to the approval of the executive director:
(a) establish appropriate criteria for the admission and discharge of residents for each home, subject to the requirements in Section 71A-6-104 and criteria set by the VA;
(b) establish a schedule of charges for each home in cases where residents have available resources;
(c) establish standards for the operation of the homes not inconsistent with standards set by the VA;
(d) make rules to implement this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(e) ensure that the homes are licensed in accordance with Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, and 38 U.S.C. Sec. 1742(a).
(2) The department shall:
(a) appoint an administrator for each home; or
(b) approve the individual selected by the contract health care provider as the administrator at each home.
Renumbered and Amended by Chapter 44, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 6 - State Veterans Nursing Home › Section 104 - State veterans nursing home -- Eligibility -- Admission requirements.

Effective 5/3/2023
71A-6-104.
State veterans nursing home -- 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 or who demonstrate intent to establish residency in Utah within six months of applying for admission, 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.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 6 - State Veterans Nursing Home › Section 105 - Veterans nursing home -- Advisory boards.

Effective 5/3/2023
71A-6-105.
Veterans nursing home -- Advisory boards.
(1) Each home shall have a nursing home advisory board to act as a liaison between the residents, members of the public, and the administration of the home.
(2) Each board shall consist of at least seven, but no more than 11, members appointed as follows by the executive 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 member each from:
(i) the American Legion;
(ii) Disabled American Veterans; and
(iii) the Veterans of Foreign Wars.
(3)
(a)
(i) Members shall serve four-year terms.
(ii) Except as required by Subsection (3)(b), as terms of current board members expire, the executive director shall appoint each new or reappointed member to a four-year term beginning on July 1.
(b) The 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 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 executive director 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) 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) 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 of each meeting to the department 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.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 6 - State Veterans Nursing Home › Section 106 - State Veterans Nursing Home Fund.

Effective 5/3/2023
71A-6-106.
State Veterans Nursing Home Fund.
(1) There is created an expendable special revenue fund entitled the "Utah State Veterans Nursing Home Fund" to be administered by the department for the benefit of each home and its residents.
(2) All cash donations, gifts, or bequests shall be deposited in the fund and used according to the wishes of the donor.
(3) All funds received by the homes from federal or state agencies, individual insurance reimbursement, or cash payments shall be deposited in the fund.
(4) Funds received that are designated for a specific home shall be accounted for separately within the fund.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 6 - State Veterans Nursing Home › Section 107 - State veterans nursing home -- Disposition of deceased resident's property.

Effective 5/3/2023
71A-6-107.
State veterans nursing home -- Disposition of deceased resident's property.
(1)
(a) All money or other personal property of a resident held by a home that is left on the premises of the home shall, upon the death of the resident, be held in trust to be paid or delivered to the spouse, children, grandchildren, or parent of the resident upon the presentation of proof of relationship.
(b) Any funds of a deceased resident may be disbursed for the payment of funeral expenses or any obligation owed to the home.
(2) Property owned by a deceased resident of the home who dies without heirs or next-of-kin not disposed of by will shall become the property of the home and deposited in the fund, subject to the right of any heir to reclaim the property within five years after the resident's death upon the presentation of proof of relationship.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 6 - State Veterans Nursing Home › Section 108 - State veterans nursing home -- Hobby promotion -- Sales of articles manufactured by residents -- Proceeds to residents.

Effective 5/3/2023
71A-6-108.
State veterans nursing home -- Hobby promotion -- Sales of articles manufactured by residents -- Proceeds to residents.
(1) Each home shall promote hobbies designed to improve the general welfare and mental condition of the residents.
(2) The home may provide limited funds to initiate a hobby program, but shall limit the program to those hobbies that, in its judgment, will be self sustaining.
(3) The department may enter into contracts with federal or state agencies or private concerns for the receipt of articles manufactured by residents of the homes.
(4) Proceeds generated by hobbies shall be used to pay for materials. Any excess proceeds shall be paid to the individual veterans who produced the articles.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 7 - Veterans Memorials and Cemeteries › Part 1 - Memorials › Section 101 - Memorials by cities and towns.

Effective 5/3/2023
71A-7-101.
Memorials by cities and towns.
(1) The boards of city commissioners, city councils, and town boards, respectively, may appropriate from any fund of the city or town available for general purposes amounts considered expedient for the purpose of erecting or contributing to the erection of a memorial to commemorate the achievements of uniformed service members and veterans of the state within their respective cities or towns.
(2) The city commissioners, city council, or town board may, when authorized by the qualified electors of the city or town, issue general obligation bonds and devote the proceeds to the erection of memorials.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 7 - Veterans Memorials and Cemeteries › Part 1 - Memorials › Section 102 - Memorials by counties.

Effective 5/3/2023
71A-7-102.
Memorials by counties.
(1) The county legislative body of the several counties may raise and maintain, appropriate money for, and contribute to the building and maintenance of, memorials to the memory of veterans of any wars in which the United States of America participated.
(2) Memorials may be in the form of grave adornments, public buildings, monuments, recreational areas and facilities, parks, and public places.
(3) A county legislative body may not erect and maintain, assist in, or contribute to, the erection or maintenance of any memorial which is outside of the boundaries of the county.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 7 - Veterans Memorials and Cemeteries › Part 1 - Memorials › Section 103 - County tax for memorials.

Effective 5/3/2023
71A-7-103.
County tax for memorials.
The county legislative body may levy and collect an annual tax upon property situated within the county to raise funds for memorials under this part.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 7 - Veterans Memorials and Cemeteries › Part 2 - Veteran Burials › Section 201 - Veteran burials -- Veterans not to be buried in ground used for paupers.

Effective 5/3/2023
71A-7-201.
Veteran burials -- Veterans not to be buried in ground used for paupers.
The body of an individual who dies while in the military service of the United States of America during any period of war, police action, or other period of national emergency, or the body of any veteran of the military service of the United States of America who served during any war, police action, or other period of national emergency, may not be buried in any portion of any cemetery or burial ground used for the burial of paupers.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 7 - Veterans Memorials and Cemeteries › Part 2 - Veteran Burials › Section 202 - Veteran burials -- Political subdivisions may provide proper burial sites.

Effective 5/3/2023
71A-7-202.
Veteran burials -- Political subdivisions may provide proper burial sites.
Municipalities, towns, counties, or other political subdivisions of the state may grant burial sites to chartered veterans organizations without financial consideration or may provide a proper site for the burial of any persons covered by this chapter without financial consideration.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 7 - Veterans Memorials and Cemeteries › Part 3 - Veterans Cemeteries › Section 301 - Veterans cemeteries -- Development, operation, and maintenance -- Responsibilities of Department -- Costs.

Effective 5/3/2023
71A-7-301.
Veterans cemeteries -- Development, operation, and maintenance -- Responsibilities of Department -- Costs.
(1) The department shall develop, operate, and maintain veterans cemeteries.
(2) To help pay the costs of developing, constructing, operating, and maintaining veterans cemeteries, the department may:
(a) receive federal funds by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act;
(b) receive state funds, contributions from veterans organizations, and other private donations; and
(c) charge fees for at least the cost of the burial of a veteran's spouse and any other persons, who the department determines is eligible to be buried in a veterans cemetery established by the state.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 8 - Employees in Military Service › Section 102 - Employees in military service -- Government employees in United States armed forces or National Guard -- Pay allowance for time spent on duty -- Deduction of vacation time prohibited.

Effective 5/3/2023
71A-8-102.
Employees in military service -- Government employees in United States armed forces or National Guard -- Pay allowance for time spent on duty -- Deduction of vacation time prohibited.
(1) All state employees who are members of the organized reserve of the United States armed forces, including the National Guard of this state, shall be allowed full pay for all time not in excess of 15 days per year spent fulfilling the service requirements of the armed forces of the United States, including the National Guard of this state. This leave shall be in addition to any annual vacation leave with pay to which an employee may be entitled.
(2) County and municipal employees who are members of the organized reserve of the United States armed forces, including the National Guard of this state, may be allowed up to full pay for all time not in excess of 15 days per year spent fulfilling the service requirements of the armed forces of the United States, including the National Guard of this state. This leave is at the discretion of the employing county or municipality and, if granted, shall be in addition to annual vacation leave with pay.
(3) The governor, counties, and municipal agencies may adopt ordinances, exceptions, rules, or policies that:
(a) provide more than 15 days of paid military leave;
(b) provide for differential pay that compensates the difference, if any, between the service member's civilian pay and military pay, not to include allowances; and
(c) extend health, dental, vision, disability, and life insurance benefits to members of the National Guard and reserves activated for more than 30 days.
Renumbered and Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 8 - Employees in Military Service › Section 103 - Employees in military service -- Extension of licenses for members of National Guard and reservists ordered to active duty.

Effective 5/3/2023
Superseded 7/1/2024
71A-8-103.
Employees in military service -- Extension of licenses for members of National Guard and reservists ordered to active duty.
(1) As used in this section, "license" means any license issued under:
(a)Title 58, Occupations and Professions; and
(b) Section 26B-4-116.
(2) Any license held by a member of the National Guard or reserve component of the armed forces that expires while the member is on state or federal active duty shall be extended until 90 days after the member is discharged from active duty status.
(3) The licensing agency shall renew a license extended under Subsection (2) until the next date that the license expires or for the period that the license is normally issued, at no cost to the member of the National Guard or reserve component of the armed forces if all of the following conditions are met:
(a) the National Guard member or reservist requests renewal of the license within 90 days after being discharged;
(b) the National Guard member or reservist provides the licensing agency with a copy of the member's or reservist's official orders calling the member or reservist to active duty, and official orders discharging the member or reservist from active duty; and
(c) the National Guard member or reservist meets all the requirements necessary for the renewal of the license, except the member or reservist need not meet the requirements, if any, that relate to continuing education or training.
(4) The provisions of this section do not apply to:
(a) regularly scheduled annual training;
(b) in-state active National Guard and reserve orders; or
(c) orders that do not require the service member to relocate outside of this state.
Renumbered and Amended by Chapter 44, 2023 General Session
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 71A - Veterans and Military Affairs › Chapter 8 - Employees in Military Service › Section 103 - Extension of licenses for members of National Guard and reservists ordered to active duty .

Effective 7/1/2024
71A-8-103.
Extension of licenses for members of National Guard and reservists ordered to active duty .
(1) As used in this section, "license" means any license issued under:
(a)Title 58, Occupations and Professions; and
(b) Section 53-2d-402.
(2) Any license held by a member of the National Guard or reserve component of the armed forces that expires while the member is on state or federal active duty shall be extended until 90 days after the member is discharged from active duty status.
(3) The licensing agency shall renew a license extended under Subsection (2) until the next date that the license expires or for the period that the license is normally issued, at no cost to the member of the National Guard or reserve component of the armed forces if all of the following conditions are met:
(a) the National Guard member or reservist requests renewal of the license within 90 days after being discharged;
(b) the National Guard member or reservist provides the licensing agency with a copy of the member's or reservist's official orders calling the member or reservist to active duty, and official orders discharging the member or reservist from active duty; and
(c) the National Guard member or reservist meets all the requirements necessary for the renewal of the license, except the member or reservist need not meet the requirements, if any, that relate to continuing education or training.
(4) The provisions of this section do not apply:
(a) to regularly scheduled annual training;
(b) in-state active National Guard and reserve orders; or
(c) orders that do not require the service member to relocate outside of this state.
Renumbered and Amended by Chapter 44, 2023 General Session
Amended by Chapter 310, 2023 General Session
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 1 - General Provisions › Section 101 - Title.

72-1-101.
Title.
(1) This title is known as the "Transportation Code."
(2) This chapter is known as the "Department of Transportation Administration Act."
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 201 - Creation of Department of Transportation -- Functions, powers, duties, rights, and responsibilities.

Effective 5/3/2023
72-1-201.
Creation of Department of Transportation -- Functions, powers, duties, rights, and responsibilities.
(1) There is created the Department of Transportation which shall:
(a) have the general responsibility for planning, research, design, construction, maintenance, security, and safety of state transportation systems;
(b) provide administration for state transportation systems and programs;
(c) implement the transportation policies of the state;
(d) plan, develop, construct, and maintain state transportation systems that are safe, reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and industry;
(e) establish standards and procedures regarding the technical details of administration of the state transportation systems as established by statute and administrative rule;
(f) advise the governor and the Legislature about state transportation systems needs;
(g) coordinate with utility companies for the reasonable, efficient, and cost-effective installation, maintenance, operation, relocation, and upgrade of utilities within state highway rights-of-way;
(h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for the administration of the department, state transportation systems, and programs;
(i) jointly with the commission annually report to the Transportation Interim Committee, by November 30 of each year, as to the operation, maintenance, condition, mobility, safety needs, and wildlife and livestock mitigation for state transportation systems;
(j) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department;
(k) study and make recommendations to the Legislature on potential managed lane use and implementation on selected transportation systems within the state; and
(l) before July 1 of each year, coordinate with the Utah Highway Patrol Division created in Section 53-8-103 regarding:
(i) future highway projects that will add additional capacity to the state transportation system;
(ii) potential changes in law enforcement responsibilities due to future highway projects; and
(iii) incident management services on state highways.
(2)
(a) The department shall exercise reasonable care in designing, constructing, and maintaining a state highway in a reasonably safe condition for travel.
(b) Nothing in this section shall be construed as:
(i) creating a private right of action; or
(ii) expanding or changing the department's common law duty as described in Subsection (2)(a) for liability purposes.
Amended by Chapter 432, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 202 - Executive director of department -- Appointment -- Qualifications -- Term -- Responsibility -- Power to bring suits -- Salary.

Effective 5/3/2023
72-1-202.
Executive director of department -- Appointment -- Qualifications -- Term -- Responsibility -- Power to bring suits -- Salary.
(1)
(a) The governor, with the advice and consent of the Senate, shall appoint an executive director to be the chief executive officer of the department.
(b) The executive director shall be a registered professional engineer and qualified executive with technical and administrative experience and training appropriate for the position.
(c) The executive director shall remain in office until a successor is appointed.
(d) The executive director may be removed by the governor.
(2) In addition to the other functions, powers, duties, rights, and responsibilities prescribed in this chapter, the executive director shall:
(a) have responsibility for the administrative supervision of the state transportation systems and the various operations of the department;
(b) have the responsibility for the implementation of rules, priorities, and policies established by the department and the commission;
(c) have the responsibility for the oversight and supervision of
any transportation project for which state funds are expended;
(d) have full power to bring suit in courts of competent jurisdiction in the name of the department as the executive director considers reasonable and necessary for the proper attainment of the goals of this chapter;
(e) receive a salary, to be established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual traveling expenses while away from the executive director's office on official business;
(f) purchase all equipment, services, and supplies necessary to achieve the department's functions, powers, duties, rights, and responsibilities delegated under Section 72-1-201;
(g) have the responsibility to determine whether a purchase from, contribution to, or other participation with a public entity or association of public entities in a pooled fund program to acquire, develop, or share information, data, reports, or other services related to the department's mission are procurement items under Title 63G, Chapter 6a, Utah Procurement Code;
(h) have responsibility for administrative supervision of the Comptroller Division, the Internal Audit Division, and the Communications Division; and
(i) appoint assistants, to serve at the discretion of the executive director, to administer the divisions of the department.
(3) The executive director may employ other assistants and advisers as the executive director finds necessary and fix salaries in accordance with the salary standards adopted by the Division of Human Resource Management.
Amended by Chapter 22, 2023 General Session
Amended by Chapter 219, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 1 - Department of Transportation Administration Act › Part 2 - Department of Transportation › Section 203 - Deputy director -- Appointment -- Qualifications -- Other assistants and advisers -- Salaries.

Effective 5/3/2023
72-1-203.
Deputy director -- Appointment -- Qualifications -- Other assistants and advisers -- Salaries.
(1) The executive director shall appoint the following deputy directors, who shall serve at the discretion of the executive director:
(a) the deputy director of engineering and operation, who shall be a registered professional engineer in the state, and who shall be the chief engineer of the department; and
(b) the deputy director of planning and investment.
(2) As assigned by the executive director, the deputy directors described in Subsection (1) may assist the executive director with the following departmental responsibilities:
(a) project development, including statewide standards for project design and construction, right-of-way, materials, testing, structures, and construction;
(b) oversight of the management of the region offices described in Section 72-1-205;
(c) operations and traffic management;
(d) oversight of operations of motor carriers and ports;
(e) transportation systems safety;
(f) aeronautical operations;
(g) equipment for department engineering and maintenance functions;
(h) oversight and coordination of planning, including:
(i) development of statewide strategic initiatives for planning across all modes of transportation;
(ii) coordination with metropolitan planning organizations and local governments;
(iii) coordination with a large public transit district, including planning, project development, outreach, programming, environmental studies and impact statements, construction, and impacts on public transit operations; and
(iv) corridor and area planning;
(i) asset management;
(j) programming and prioritization of transportation projects;
(k) fulfilling requirements for environmental studies and impact statements;
(l) resource investment, including identification, development, and oversight of public-private partnership opportunities;
(m) data analytics services to the department;
(n) corridor preservation;
(o) employee development;
(p) maintenance planning;
(q) oversight and facilitation of the negotiations and integration of public transit providers described in Section 17B-2a-827;
(r) oversight and supervision of any fixed guideway capital development project within the boundaries of a large public transit district for which any state funds are expended, including those responsibilities described in Subsections (2)(a), (h), (j), (k), and (l); and
(s) other departmental responsibilities as determined by the executive director.
(3) The executive director shall ensure that the same deputy director does not oversee or supervise both the fixed guideway capital development responsibilities described in Subsection (2)(r) and the department's fixed guideway rail safety responsibilities, including the responsibilities described in Section 72-1-214.
Amended by Chapter 22, 2023 General Session
Amended by Chapter 219, 2023 General Session