Reference Title: veterans' service commission; procurement exemption

AN ACT
AMENDING SECTIONS 41-603.01 AND 41-604, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 3, ARTICLE 7, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-608; RELATING TO THE DEPARTMENT OF VETERANS' SERVICES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-603.01, Arizona Revised Statutes, is amended to read:

41-603.01 . Veterans' home; procurement exemption

A. The commission DEPARTMENT shall provide long-term care services and skilled nursing care to veterans and their spouses in the veterans' home and SHALL operate and maintain the veterans' home as a self-sustaining facility.

B. The commission DEPARTMENT may employ staff to operate the veterans' home as a skilled nursing facility that provides long-term care services.

C. The commission DEPARTMENT shall set guidelines for determining eligibility for admission to the veterans' home 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 as a nursing home for veterans and to render the home eligible to receive federal financial assistance.

D. In administering the veterans' home the director DEPARTMENT may:

1. Establish accounts to record the receipt and disbursements from residents to pay for maintenance in the home.

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.

5. Adopt rules necessary for the operation of the veterans' home.

E. NOTWITHSTANDING CHAPTER 23 OF THIS TITLE, THE DEPARTMENT MAY AWARD A CONTRACT FOR TANGIBLE PERSONAL PROPERTY TO BE USED AT THE VETERANS' HOME 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.

Sec. 2. Section 41-604, Arizona Revised Statutes, is amended to read:

41-604 . Director of veterans' services; compensation

A. The commission shall, with the approval of the governor , SHALL appoint a person who is a veteran to serve as director of veterans' affairs. THE DIRECTOR PURSUANT TO SECTION 38-211. THE DIRECTOR SHALL BE A VETERAN.

B. The director shall serve as the executive officer of the commission. He shall direct the performance of the commission in the exercise of its powers and duties INFORM THE COMMISSION REGARDING THE POLICIES ADOPTED BY THE DEPARTMENT UNDER THIS ARTICLE .

C. THE DIRECTOR MAY APPOINT A DEPUTY DIRECTOR WITH THE APPROVAL OF THE GOVERNOR. THE DEPUTY DIRECTOR SERVES AT THE PLEASURE OF THE DIRECTOR. THE DEPUTY DIRECTOR IS DIRECTLY RESPONSIBLE FOR THE DUTIES DELEGATED TO THE DEPUTY DIRECTOR BY THE DIRECTOR.

C. D. The director is AND DEPUTY DIRECTOR ARE eligible to receive compensation pursuant to section 38-611.

Sec. 3. Title 41, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 41-608, to read:

41-608 . Veterans' donations fund

A. THE VETERANS' DONATIONS FUND IS ESTABLISHED CONSISTING OF MONIES, GIFTS AND CONTRIBUTIONS DONATED TO THE DEPARTMENT. THE DEPARTMENT SHALL ADMINISTER THE FUND. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED. THE MONIES IN THE FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS.

B. THE DIRECTOR OR THE DIRECTOR'S DESIGNEE MAY SOLICIT AND RECEIVE DONATIONS, INCLUDING IN-KIND DONATIONS, FROM THE PUBLIC FOR VETERANS. THE DIRECTOR SHALL TRANSMIT THE MONETARY DONATIONS TO THE STATE TREASURER FOR DEPOSIT IN THE VETERANS' DONATIONS FUND. MONIES IN THE FUND ARE SUBJECT TO STATE AUDITING PROCEDURES. THE DONATIONS MAY BE USED FOR THE BENEFIT OF THE VETERANS WITHIN THE STATE OF ARIZONA AT THE DISCRETION OF THE DIRECTOR.

C. THE DIRECTOR SHALL INVENTORY AND ACCOUNT FOR THE USE OF ANY TANGIBLE PERSONAL PROPERTY DONATED TO THE FUND.

APPROVED BY THE GOVERNOR MAY 19, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.