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38-211. Nominations by governor; consent of senate; appointment A.
When it is provided by law that a state officer shall be appointed pursuant to
this section, the governor shall nominate and with the consent of the senate
appoint such officer as prescribed in this section. B.
If the term of any state office which is appointive pursuant to this section
expires, begins or becomes vacant during a regular legislative session, the
governor shall during such session nominate a person who meets the requirements
of law for such office and shall promptly transmit the nomination to the
president of the senate. If the incumbent is capable of continuing to serve
until his successor has qualified, a nominee to that position shall not assume
and discharge the duties of the office, pending senate confirmation. If the
incumbent is unable to continue to discharge the duties of office, the nominee
shall assume and discharge the duties of the office pending senate confirmation.
If the senate consents to the nomination, the governor shall then appoint the
nominee to serve for the term or, in the case of a vacancy, for the unexpired
term in which the vacancy occurred. If the senate rejects the nomination the
nominee shall not be appointed and the governor shall promptly nominate another
person who meets the requirements for such office. If the senate takes no formal
action on the nomination during such legislative session, or if a nomination
other than one that is required to be sent to the senate during the first week
of the legislative session is not received during the session, the governor
shall after the close of such legislative session appoint the nominee to serve,
and the nominee shall discharge the duties of office, subject to confirmation
during the next legislative session. C.
If the term of any state office which is appointive pursuant to this section
expires, begins or becomes vacant during a time in which the legislature is not
in regular session, the governor shall nominate a person who meets the
requirements of law for such office and shall transmit the nomination to the
president of the senate during the first week of the next regular session. The
nominee shall assume and discharge the duties of the office until rejection of
the nomination or inaction of the senate. D.
Every officer who is subject to confirmation as provided in this section and
whose term is not fixed by law shall hold office at the pleasure of the
appointing power. E.
In no event shall a nominee serve longer than one year after nomination without
senate consent. F. Nominations made by the governor shall be in writing, designating the residence of the nominee and the office for which nominated.
G. When the senate consents to a nomination, its secretary shall deliver a copy
of the resolution of consent, certified by the president of the senate, to the
secretary of state, who shall notify the governor. When the senate rejects a
nomination, its secretary shall inform the governor promptly. 41-121.
Duties The
secretary of state shall: 1.
Receive bills and resolutions from the legislature, and perform such other
duties as devolve upon him by resolution of the two houses or either of them. 2.
Keep a register of and attest the official acts of the governor. 3.
Act as custodian of the great seal of this state. 4.
Affix the great seal, with his attestation, to public instruments to which the
official signature of the governor is attached. 5.
File in his office receipts for all books distributed by him, and direct the
county recorder of each county to do the same. 6.
Certify to the governor the names of those persons who have received at any
election the highest number of votes for any office, the incumbent of which is
commissioned by the governor. 7.
Publish slip laws of each act of the legislature promptly upon passage and
approval of such act, make such acts available to interested persons for a
reasonable fee to compensate for the cost of printing and provide each house of
the legislature and the legislative council with a certified copy of each bill
or resolution, showing the chapter or resolution number of each, as each is
filed in the secretary of state's office. 8.
Keep a fee book of fees and compensation of whatever kind and nature earned,
collected or charged by him, with the date, the name of the payer and the nature
of the service in each case. The fee book shall be verified annually by his
affidavit entered therein. 9.
Perform other duties imposed upon him by law. 10.
Report to the governor on January 2 each year, and at such other times as
provided by law, a detailed account of his official actions taken since his
previous report together with a detailed statement of the manner in which all
appropriations for his office have been expended. 11.
Transfer all noncurrent or inactive books, records, deeds and other papers
otherwise required to be filed with or retained by him to the custody of the
department of library, archives and public records. 12.
Make available to the public copies of title 33, chapter 11 for a reasonable fee
to compensate for the cost of making the copies. 13. Accept, and approve for use, electronic and digital signatures that comply with section 41-132, for documents filed with and by all state agencies, boards and commissions. In consultation with the government information technology agency, the department of administration and the state treasurer, the secretary of state shall adopt rules pursuant to chapter 6 of this title establishing policies and procedures for the use of electronic and digital signatures by all state agencies, boards and commissions for documents filed with and by all state agencies, boards and commissions. 41-2513 . Authority to contract for certain services A.
For the purpose of procuring the services of clergy, certified public
accountants, legal counsel pursuant to section 41-192, subsection E, physicians
or dentists as defined by the laws of this state, any state governmental unit
may act as a purchasing agency and contract on its own behalf for such services,
subject to this chapter and regulations promulgated by the director. B.
In accordance with the provisions of section 41-192, subsection E and
notwithstanding any contrary statute, no contract for the services of legal
counsel may be awarded without the approval of the attorney general. C.
The auditor general shall approve state agency contracting for financial and
compliance auditing services except if specific statutory authority is otherwise
provided. The auditor general shall ensure that such contract audits are
conducted in accordance with generally accepted governmental auditing standards.
An audit shall not be accepted until it has been approved by the auditor
general. D.
The government information technology
agency established by section 41-3502 may approve all information technology purchases exceeding twenty-five thousand dollars for
a budget unit as defined in section 41-3501. Purchases shall not be artificially
divided to avoid review. E.
Payment for any services, including those services described in subsections A, B
and C of this section, procured under this chapter shall not be made unless
pursuant to a fully approved written contract. 41-2533 . Competitive sealed bidding A.
Contracts shall be awarded by competitive sealed bidding except as otherwise
provided in section 41-2532. B.
An invitation for bids shall be issued and shall include a purchase description
and all contractual terms and conditions applicable to the procurement. C.
Adequate public notice of the invitation for bids shall be given a reasonable
time before the date set forth in the invitation for the opening of bids, in
accordance with rules adopted by the director. The notice may include
publication one or more times in a newspaper of general circulation a reasonable
time before bid opening. If the invitation for bids is for the procurement of
services other than those described in sections 41-2513 and 41-2578, the notice
shall include publication in a single newspaper or in multiple newspapers within
this state with an accumulated general circulation of at least fifty thousand
subscribers for two publications which are not less than six nor more than ten
days apart. The second publication shall be not less than two weeks before bid
opening. At least one of the newspapers must be circulated within the affected
governmental jurisdiction. D.
Bids shall be opened publicly at the time and place designated in the invitation
for bids. The amount of each bid, and such other relevant information as may be
specified by rule, together with the name of each bidder shall be recorded. This
record shall be open to public inspection at the bid opening in a manner
prescribed by rule. The bids shall not be open for public inspection until after
a contract is awarded. Except to the extent the bidder designates and the state
concurs, trade secrets or other proprietary data contained in the bid documents
shall remain confidential in accordance with rules adopted by the director. E.
Bids shall be unconditionally accepted without alteration or correction, except
as authorized in this chapter. Bids shall be evaluated based on the requirements
set forth in the invitation for bids, as prescribed in rules adopted by the
director. The invitation for bids shall set forth the evaluation criteria to be
used. No criteria may be used in bid evaluation that are not set forth in the
invitation for bids. F.
The correction or withdrawal of erroneous bids before or after bid opening,
based on bid mistakes, may be permitted in accordance with rules adopted by the
director. After bid opening, no corrections in bid prices or other provisions of
bids prejudicial to the interest of this state or fair competition shall be
permitted. Except as otherwise provided by rule, all decisions to permit the
correction or withdrawal of bids, or to cancel awards or contracts based on bid
mistakes, shall be supported by a written determination made by the director. G.
The contract shall be awarded to the lowest responsible and responsive bidder
whose bid conforms in all material respects to the requirements and criteria set
forth in the invitation for bids. The amount of any applicable transaction
privilege or use tax of a political subdivision of this state is not a factor in
determining the lowest bidder if a competing bidder located outside of this
state is not subject to a transaction privilege or use tax of a political
subdivision of this state. If all bids for a construction project exceed
available monies as certified by the appropriate fiscal officer, and the low
responsive and responsible bid does not exceed such monies by more than five per
cent, the director may in situations in which time or economic considerations
preclude resolicitation of work of a reduced scope negotiate an adjustment of
the bid price, including changes in the bid requirements, with the low
responsive and responsible bidder, to bring the bid within the amount of
available monies. H.
The multistep sealed bidding method may be used if the director determines in
writing that it is not practical to initially prepare a definitive purchase
description which is suitable to permit an award based on competitive sealed
bidding. An invitation for bids may be issued requesting the submission of
technical offers to be followed by an invitation for bids limited to those
bidders whose offers are determined to be technically acceptable under the
criteria set forth in the first solicitation, except that the multistep sealed
bidding method may not be used for construction contracts. I.
If the price of a recycled paper product which conforms to specifications
is within five per cent of a low bid product which is not recycled and the
recycled product bidder is otherwise the lowest responsible and responsive
bidder, the award shall be made to the bidder offering the recycled product. The
director may promulgate rules requiring a five per cent preference for other
products made from recycled materials. 41-2534 . Competitive sealed proposals A.
If, under regulations promulgated pursuant to this chapter, the director
determines in writing that the use of competitive sealed bidding is either not
practicable or not advantageous to this state, a contract may be entered into by
competitive sealed proposals. The director may provide by regulation that it is
either not practicable or not advantageous to this state to procure specified
types of materials or services by competitive sealed bidding, except that the
competitive sealed proposal method may not be used for construction contracts. B.
Proposals shall be solicited through a request for proposals. C.
Adequate public notice of the request for proposals shall be given in the same
manner as provided in section 41-2533. D.
Proposals shall be opened publicly at the time and place designated in the
request for proposals. The name of each offeror and such other relevant
information as is specified by regulation shall be publicly read and recorded in
accordance with regulations promulgated by the director. All other information
contained in the proposals shall be confidential so as to avoid disclosure of
contents prejudicial to competing offerors during the process of negotiation.
The proposals shall be open for public inspection after contract award. Except
to the extent the bidder designates and the state concurs, trade secrets or
other proprietary data contained in the bid documents shall remain confidential
in accordance with regulations promulgated by the director. E.
The request for proposals shall state the relative importance of price and other
evaluation factors. Specific numerical weighting is not required. F.
As provided in the request for proposals, and under regulations promulgated by
the director, discussions may be conducted with responsible offerors who submit
proposals determined to be reasonably susceptible to being selected for award
for the purpose of clarification to assure full understanding of, and
responsiveness to, the solicitation requirements. Offerors shall be accorded
fair treatment with respect to any opportunity for discussion and revision of
proposals, and such revisions may be permitted after submissions and before
award for the purpose of obtaining best and final offers. In conducting
discussions, there shall be no disclosure of any information derived from
proposals submitted by competing offerors. G.
The award shall be made to the responsible offeror whose proposal is determined
in writing to be the most advantageous to this state taking into consideration
the evaluation factors set forth in the request for proposals. No other factors
or criteria may be used in the evaluation. The amount of any applicable
transaction privilege or use tax of a political subdivision of this state is not
a factor in determining the most advantageous proposal if a competing offeror
located outside this state is not subject to a transaction privilege or use tax
of a political subdivision of this state. The contract file shall contain the
basis on which the award is made. 41-2535 . Procurements not exceeding an aggregate amount of twenty-five thousand dollars; exception for construction services contracts; simplified construction procurement program A.
Any procurement which does not exceed an aggregate dollar amount of twenty-five
thousand dollars may be made in accordance with procedures promulgated by the
director, except that the procurements shall be made with such competition as is
practicable under the circumstances. Any procurement which does not exceed an
aggregate amount of less than ten thousand dollars shall be restricted, where
practicable, to small businesses as defined in rules promulgated by the
director. The procurement officer shall rotate the small business solicited to
compete for any procurement of less than ten thousand dollars. If it is
impracticable to restrict a particular procurement to small businesses, the
procurement officer shall make a determination setting forth the reasons and
place it in the contract file. Procurement requirements shall not be
artificially divided or fragmented so as to constitute a purchase under this
section and to circumvent the source selection procedures required by section
41-2533 or 41-2534. B.
A procurement involving construction not exceeding one hundred thousand dollars
may be made pursuant to rules adopted by the director in accordance with this
section which shall be known as the simplified construction procurement program.
At a minimum the rules shall require: 1.
A list be maintained of persons who desire to receive solicitations to bid on
construction projects to which additions shall be permitted throughout the year.
2.
The list of persons be available for public inspection. 3.
Agreements for construction be on forms approved by the director. 4.
A performance bond and a payment bond as required by section 41-2574 be provided
for contracts for construction by contractors. 5.
All information submitted by bidders pursuant to this section be confidential
according to section 41-2533, subsection D. 6.
All bids for construction be opened at a public opening. 7.
All persons desiring to submit bids be treated equitably and the information
related to each project be available to all eligible persons. 8.
Competition for construction projects under the simplified construction
procurement program be encouraged to the maximum extent possible. 41-2553 . Procurement of information systems and telecommunications systems; definitions A.
Notwithstanding the criteria for contract award prescribed in section 41-2533, a
contract for information systems or telecommunications systems shall be awarded
to the lowest responsible and responsive bidder whose bid conforms in all
material respects to the requirements and criteria set forth in the invitation
for bids, which shall include as price evaluation criteria the total life cycle
cost and application benefits of the information systems or telecommunications
systems to the using agency. No factors or criteria, other than those set forth
in the invitation for bids, may be used in the evaluation of bids for
information systems or telecommunications systems. Procedures for awarding
contracts for information systems or telecommunications systems pursuant to this
subsection shall be the same as those prescribed in section 41-2533. B.
Notwithstanding the criteria for contract award prescribed in section 41-2534, a
contract for information systems or telecommunications systems shall be awarded
to the responsible offeror whose proposal is determined in writing to be the
most advantageous to the state, taking into consideration the evaluation factors
set forth in the request for proposals, which shall include as evaluation
factors the total life cycle cost and application benefit of each proposal. No
factors or criteria, other than those set forth in the request for proposals,
may be used in the evaluation of proposals for information systems or
telecommunications systems. Procedures for awarding contracts for information
systems or telecommunications systems pursuant to this subsection shall be the
same as those prescribed in section 41-2534. C.
Notwithstanding subsections A and B of this section, when awarding a state
contract for information systems or telecommunications systems, the director may
award the contracts in accordance with section 41-2533 or 41-2534, except before
a using agency acquires the information systems or telecommunications systems,
it shall take into account the total life cycle cost and application benefit of
the systems in the same manner that the total life cycle cost and application
benefit are taken into account under subsections A and B of this section. D.
As used in this section: 1.
"Application benefit" means a quantified assessment of the benefits to
be achieved in state program and support areas by the information systems or
telecommunications systems proposed by the vendor, including reasonably
projected reductions in program costs and increases in productivity of state
personnel. 2.
"Information systems" means a system of hardware, software or vendor
support costing more than one hundred thousand dollars that processes
information or data by electronic data processing methods and devices. 3.
"Life cycle" means the useful life of the information systems or
telecommunications systems to the original using agency to perform the
application for which it was initially procured. 4.
"State contract" means an indefinite quantity contract for one or more
similar materials or services that is awarded to more than one bidder or offeror
to satisfy the needs of more than one using agency. 5.
"Telecommunications systems" means a system costing more than one
hundred thousand dollars, including but not limited to all instrumentalities,
facilities, apparatus and services, for the transmission and reception of
messages, impressions, signs, signals, pictures, sounds or any other symbols by
wire, radio, optical cable, electromagnetic or other similar means. 6.
"Total life cycle cost" means vendor costs, total state costs and
financing costs throughout the life cycle of the information systems or
telecommunications systems being purchased. 7.
"Total state costs" means costs to the state for the information
systems or telecommunications systems including energy, facilities, personnel
and all other identifiable state costs. 8.
"Vendor costs" means costs of all hardware, materials, software,
transportation, vendor support and all other identifiable costs associated with
the vendor's proposal or bid. 9.
"Vendor support" means services provided by the vendor for items such
as consulting, education, management of the information systems or
telecommunications systems, systems planning, development, integration and
maintenance and training. 41-3006.25. Government information technology; termination July 1, 2006 A.
The government information technology agency and the information technology
authorization committee terminate on July 1, 2006. B.
Title 41, chapter 32 is repealed on January 1, 2007. 41-3501 . Definitions (Eff.
1/1/97) In
this chapter, unless the context otherwise requires: 1.
"Agency" means the government information technology agency. 2.
"Budget unit" means a department, commission, board, institution or
other agency of the state organization receiving, expending or disbursing state
funds or incurring obligations of the state including the board of regents and
the state board of directors for community colleges but excluding the
universities under the jurisdiction of the board of regents and the community
colleges under their respective jurisdictions and the legislative or judicial
branches. 3.
"Committee" means the information technology authorization committee. 4.
"Director" means the director of the agency. 5.
"Disaster recovery" means the measures required to mitigate the loss
of information technology capability. 6.
"Information technology" means all computerized and auxiliary
automated information processing, telecommunications and related technology,
including hardware, software, vendor support and related services, equipment and
projects. 41-3502 . Government information technology agency; director; compensation (Eff.
7/1/97) A.
The government information technology agency is established. B.
The governor shall appoint a director of the agency pursuant to section 38-211
to serve at the pleasure of the governor. C.
The director is eligible to receive compensation as determined under section
38-611. 41-3503. Powers and duties of director (Eff.
7/1/97) The
director shall: 1.
Serve as chief information officer for information technology. 2.
Establish minimum qualifications for each position authorized for the agency.
The qualifications shall be subject to the review of the information technology
authorization committee. 2.
Employ, determine the conditions of employment and prescribe the duties
and powers of administrative, professional, technical, secretarial, clerical and
other persons as may be necessary in the performance of the department's duties
and contract for the services of outside advisors, consultants and aides as may
be reasonably necessary. Employees of the agency are exempt from chapter 4,
article 5 of this title but shall meet the minimum qualifications established
pursuant to this section.
41-3504 . Powers and duties of the agency; violation; classification (Eff.
7/1/97) A.
For budget units, the agency shall: 1.
Develop, implement and maintain a coordinated statewide plan for information
technology. This includes: (a)
Adopting statewide technical, coordination and security standards for
information technology. (b)
Serving as statewide coordinator for information technology resources. (c)
Developing a statewide disaster recovery plan. (d)
Developing a list of approved agency projects by priority category. (e)
Developing a detailed list of information technology assets owned, leased or
employed by this state. (f)
Evaluating and either approving or disapproving budget unit information
technology plans. Budget units shall submit information technology plans that
include quality assurance plans and disaster recovery plans to the agency each
year on or before June 1. The legislative and judicial departments of state
government shall submit information technology plans for information purposes. (g)
Evaluating specific information technology projects relating to the approved
budget unit and statewide information technology plans. The agency shall approve
or reject projects with total costs of at least twenty-five thousand dollars but
not more than one million dollars and may establish conditional approval
criteria including procurement purchase authority. If the total project costs
exceed one million dollars the agency shall evaluate the project and make
recommendations to the committee. Beginning on June 1, 1998, as part of a budget
request for an information technology project that has total costs of at least
twenty-five thousand dollars, a budget unit shall indicate the status of review
by the agency. Projects shall not be artificially divided to avoid review by the
agency. 2.
Require that budget units incorporate life cycle analysis prescribed by section
41-2553 into the information technology planning, budgeting and procurement
processes. 3.
Require that budget units demonstrate expertise to carry out information
technology plans, either by employing staff or contracting for outside services.
4.
Monitor information technology projects that the agency considers to be major or
critical, including expenditure and activity reports and periodic review. 5.
Temporarily suspend the expenditure of monies if the agency determines that the
information technology project is at risk of failing to achieve its intended
results or does not comply with the requirements of this section. 6.
Continuously study emergent technology and evaluate its impact on this state's
system. 7.
Advise each budget unit as necessary and report to the committee on an annual
basis. 8.
Provide to budget units, information technology consulting services it deems
necessary, either directly or by procuring outside consulting services. 9.
Maintain all otherwise confidential information received from a budget unit
pursuant to this section as confidential. 10.
Provide staff support to the committee. 11.
Subject to section 35-149, accept, spend and account for grants, monies and
direct payments from public or private sources and other grants of monies or
property for the conduct of programs that it deems consistent with the overall
purposes and objectives of the agency. 12.
Adopt rules it deems necessary or desirable to further the objectives and
programs of the agency. 13.
Formulate policies, plans and programs to effectuate the purposes of the agency.
14.
Advise and make recommendations to the governor and the legislature on all
matters concerning its objectives. 15.
Contract and enter into interagency and intergovernmental agreements pursuant to
title 11, chapter 7, article 3 with any public or private party. 16.
Have an official seal that shall be judicially noticed. B.
The agency shall advise the judicial and legislative branches of state
government concerning information technology. C.
The agency may examine all books, papers, records and documents in the office of
any budget unit and may require any state officer of the budget unit to furnish
information or statements necessary to carry out the provisions of this chapter.
D.
The director, any member of the director's staff or any employee who knowingly
divulges or makes known in any manner not permitted by law any particulars of
any confidential record, document or information is guilty of a class 5 felony. 41-3505. Information technology fund (Eff.
1/1/97) A.
The information technology fund is established in the office of the state
treasurer for use by the agency and the committee. Monies in the fund are
subject to legislative appropriation. B.
Beginning January 1, 1997, state service agencies subject to section 41-764,
and, beginning July 1, 1997, all budget units and the legislative and judicial
branches of state government, shall contribute a pro rata share of the overall
cost of information technology services provided by the agency or committee. The
pro rata share is payable by payroll fund source, and the resultant amount shall
be deposited in the information technology fund. Beginning January 1, 1997, for
state service agencies subject to section 41-764 and beginning July 1, 1997, for
all budget units and the legislative and judicial branches of state government,
the pro rata share shall be .15 per cent of the total payroll. Total payroll
includes all fund sources including the state general fund, federal monies,
special revenue funds, intergovernmental revenue monies, trust funds and other
payroll fund sources. C.
A claim for the pro rata share percentage payment shall be submitted according
to the fund source, with the accompanying payroll, to the department of
administration for deposit in the information technology fund. D.
Notwithstanding section 35-190, monies in the information technology fund do not
revert to the state general fund at the end of each fiscal year. 41-3521 . Information technology authorization committee; members; terms; duties; compensation; definition (Rpld.
6/2/03) A.
The information technology authorization committee is established consisting of
the following fourteen members: 1.
One member of the house of representatives who is appointed by the speaker of
the house of representatives and who shall serve as an advisory member. 2.
One member of the senate who is appointed by the president of the senate and who
shall serve as an advisory member. 3.
Four members from private industry who are appointed by the governor pursuant to
section 38-211 and who are knowledgeable in information technology. 4.
One local government member and one federal government member who are appointed
by the governor and who shall serve as advisory members. 5.
Two members who are directors of state agencies and who are appointed by the
governor. 6.
The administrative director of the courts or the director's designee. 7.
The director of the government information technology agency. The director shall
be the chairperson of the committee but for all other purposes shall serve as an
advisory member. 8.
Two members from either private industry or state government who are appointed
by the governor. B.
Committee members who are from private industry serve two year terms. The other
members serve at the pleasure of their appointing officers. C.
For all budget units and the legislative and judicial branches of state
government, the committee shall: 1.
Review established statewide information technology standards and the statewide
information technology plan. 2.
Review the minimum qualifications established by the director for each position
authorized for the agency. 3.
Approve or disapprove all proposed information technology projects that exceed a
total cost of one million dollars, excluding public monies from county,
municipal and other political subdivision sources that are not deposited in a
state fund. Beginning on June 1, 1998, as part of a budget request for an
information technology project that has total costs of more than one million
dollars, a budget unit and the legislative and judicial branches of state
government shall indicate the status of review by the committee. Projects shall
not be artificially divided to avoid review by the committee. 4.
Develop a report format that incorporates the life cycle analysis prescribed by
section 41-2553 for use in submitting project requests to the committee. 5.
Require expenditure and activity reports from a budget unit or the legislative
or judicial branches of state government on implementing information technology
projects approved by the committee. 6.
Conduct periodic reviews on the progress of implementing information technology
projects approved by the committee. 7.
Monitor information technology projects that the committee considers to be major
or critical. 8.
Temporarily suspend the expenditure of monies if the committee determines that
the information technology project is at risk of failing to achieve its intended
results or does not comply with the requirements of this chapter. 9.
Hear and decide appeals made by budget units regarding the agency's rejection of
their proposed information technology plans or projects. 10.
Report to the governor, the speaker of the house of representatives, the
president of the senate, the secretary of state and the director of the
department of library, archives and public records at least annually on all
matters concerning its objectives. This includes: (a)
Its review of the statewide information technology plan developed by the agency.
(b)
The findings and conclusions of its periodic reviews. (c)
Its recommendations on desirable legislation relating to information technology.
11.
Adopt rules it deems necessary or desirable to further the objectives and
programs of the committee. D.
The committee shall meet at the call of the chairperson. E.
Members of the committee are not eligible to receive compensation but are
eligible to receive reimbursement for expenses pursuant to title 38, chapter 4,
article 2. F. For purposes of this section "advisory member" means a member who gives advice to the other members of the committee at committee meetings but who is not eligible to vote and is not a member for purposes of determining whether a quorum is present. |
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