2005 Nevada Revised Statutes - Chapter 417 — Veterans Services

Title 37 - VETERANS AND SERVICEMENS PRIVILEGES AND BENEFITS

CHAPTER 417 - VETERANS SERVICES

GENERAL PROVISIONS

NRS 417.010 Definitions.

OFFICE OF VETERANS SERVICES

NRS 417.020 Creationof Office; Director; duties; regulations.

NRS 417.030 ExecutiveDirector and Deputy Executive Director: Appointment; qualifications.

NRS 417.035 ExecutiveDirector: Official bond.

NRS 417.040 ExecutiveDirector and Deputy Executive Director: Terms of office.

NRS 417.050 ExecutiveDirector and Deputy Executive Director: Vacancies; removal from office; absencefrom office.

NRS 417.060 ExecutiveDirector and Deputy Executive Director: Classification; other employmentprohibited.

NRS 417.070 Locationof offices; Deputy Executive Director to report to and assist ExecutiveDirector.

NRS 417.080 Employees,equipment and supplies; administrative expenses and salaries.

NRS 417.090 ExecutiveDirector and Deputy Executive Director: Duties.

NRS 417.100 ExecutiveDirector and Deputy Executive Director: Administration of oaths; certificationof document.

GUARDIANSHIP

NRS 417.110 ExecutiveDirector may act as guardian of estates of certain persons; fees.

NRS 417.113 TrustFund for Estates of Persons for Whom Executive Director Acts as Guardian:Creation; deposits, interest and income; duties of Executive Director.

NRS 417.117 Checkingaccount for payment of expenses of persons for whom Executive Director acts asguardian: Maintenance; reimbursement; expenditures.

NRS 417.120 Appointmentof Executive Director as guardian is appointment in capacity of his office.

NRS 417.130 Feeif ward dies intestate and without heirs; deposit in Account for VeteransRelief.

NRS 417.140 Accountfor Veterans Relief.

VETERANS HOMES

NRS 417.145 VeteransHome Account; Gift Account for Veterans Homes; annual report of certainexpenditures made from Gift Account.

NRS 417.147 Appointmentof administrators; management, maintenance and operation; schedule of rates;location.

NRS 417.148 Revolvingaccounts: Creation; purpose; transfer of money from Veterans Home Account.

NRS 417.149 Trustfund for deposit of money belonging to residents of veterans home; maintenanceof separate accounts for residents with money in fund; written account of moneyin fund; maintenance of reserve cash fund.

NEVADA VETERANS SERVICES COMMISSION

NRS 417.150 Creation;number of members; appointment, removal and terms of members; vacancies.

NRS 417.160 Chairman;Vice Chairman; Executive Director to provide for minutes of meeting; compensationand expenses of members.

NRS 417.170 Meetings;notice to members.

NRS 417.180 Quorum;vacancies.

NRS 417.190 Duties.

VETERANS CEMETERIES

NRS 417.200 Establishment;operation and maintenance; procedure for offering voluntary services.

NRS 417.210 Eligibilityfor interment; application; fees; interment of family member.

NRS 417.220 Accountfor Veterans Affairs; Gift Account for Veterans Cemeteries.

NRS 417.230 AdvisoryCommittees for Veterans Cemeteries: Creation; members; terms; meetings;expenses; consultation.

_________

GENERAL PROVISIONS

NRS 417.010 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Administrator means the administrator of aveterans home in this State.

2. Deputy Executive Director means the DeputyExecutive Director for Veterans Services.

3. Executive Director means the Executive Directorfor Veterans Services.

(NRS A 1963, 13; A 1997, 2583; 1999, 2477; 2003, 2812)

OFFICE OF VETERANS SERVICES

NRS 417.020 Creationof Office; Director; duties; regulations.

1. The Office of Veterans Services is hereby created.

2. The Office consists of the offices of the ExecutiveDirector for Veterans Services and the Deputy Executive Director for VeteransServices.

3. The Executive Director shall serve as the Directorof the Office of Veterans Services and is responsible for the performance ofthe duties imposed upon the Office, and for such other duties as may beprescribed by this chapter.

4. The Executive Director may adopt such regulationsas are necessary to carry out the provisions of this chapter.

[1:189:1943; A 1947, 779; 1943 NCL 6879](NRS A1963, 13; 1993, 1615; 1997, 2583; 1999, 2477)

NRS 417.030 ExecutiveDirector and Deputy Executive Director: Appointment; qualifications.

1. The Executive Director and Deputy Executive Directormust be appointed by the Governor.

2. Any person to be eligible for appointment as theExecutive Director or the Deputy Executive Director must:

(a) Be an actual and bona fide resident of the State ofNevada;

(b) Possess an honorable discharge from some branch ofthe military and naval service of the United States; and

(c) Have at least 4 years of experience in managementor administration.

[Part 2:189:1943; A 1947, 779; 1943 NCL 6879.01](NRS A 1991, 64; 1997, 2583)

NRS 417.035 ExecutiveDirector: Official bond. The ExecutiveDirector shall execute and deliver to the Secretary of State his official bondin the penal sum of $500,000 with a corporate surety licensed to do business inthis State, conditioned to ensure his faithful discharge of responsibilities asguardian of the estates of those veterans and dependents for whom he acts. Aseparate bond for each estate is not required.

(Added to NRS by 1977, 641; A 1997, 2583)

NRS 417.040 ExecutiveDirector and Deputy Executive Director: Terms of office. The term of office of the Executive Director or DeputyExecutive Director is 4 years, terminating on July 1 of the first year of theGovernors term of office.

[Part 8:189:1943; A 1947, 779; 1943 NCL 6879.07](NRS A 1983, 741; 1997, 2584)

NRS 417.050 ExecutiveDirector and Deputy Executive Director: Vacancies; removal from office; absencefrom office.

1. Upon a vacancy occurring in the office of ExecutiveDirector or Deputy Executive Director, the Governor shall appoint a successorto that office within 30 days after the vacancy.

2. The Executive Director or Deputy Executive Directormay be removed from office at any time on failure to perform the dutiesrequired of him by this chapter.

3. The Deputy Executive Director shall assume the dutiesof the Executive Director in the Executive Directors absence.

[Part 2:189:1943; A 1947, 779; 1943 NCL 6879.01] +[Part 8:189:1943; A 1947, 779; 1943 NCL 6879.07](NRS A 1997, 2584)

NRS 417.060 ExecutiveDirector and Deputy Executive Director: Classification; other employmentprohibited. The Executive Director and theDeputy Executive Director are in the unclassified service of the State. Exceptas otherwise provided in NRS 284.143,each shall devote his entire time and attention to the business of his officeand shall not pursue any other business or occupation or hold any other officeof profit.

[21:295:1953; A 1955, 525](NRS A 1957, 549; 1960,395; 1961, 657; 1963, 1332; 1965, 705; 1967, 1498; 1971, 1437; 1981, 1281;1995, 2314; 1997, 2584)

NRS 417.070 Locationof offices; Deputy Executive Director to report to and assist ExecutiveDirector.

1. The office of the Executive Director must belocated in the same city where the state regional office of the United StatesDepartment of Veterans Affairs maintains its state administrative bureau, andif that office is discontinued in the State of Nevada, then at such place asthe Governor may designate.

2. The office of the Deputy Executive Director must bemaintained at Las Vegas, Nevada.

3. The Deputy Executive Director shall report to theExecutive Director and shall assist the Executive Director in performing theduties prescribed in this chapter.

[6:189:1943; A 1947, 779; 1943 NCL 6879.05](NRS A1995, 1090, 2525; 1997, 2584; 1999, 577)

NRS 417.080 Employees,equipment and supplies; administrative expenses and salaries.

1. The Executive Director:

(a) May employ such clerical and stenographicassistance as necessary.

(b) May purchase necessary office equipment andsupplies.

(c) Is entitled to receive necessary travel andmiscellaneous administrative expenses in the administration of this chapter.

2. All clerical and stenographic services, officeequipment and supplies, travel expenses at the same rate as other stateofficers and miscellaneous administrative expenses and salaries must be paid atthe time and in the manner that similar claims and expenses of other statedepartments and officers are paid, but:

(a) All expenses must be within the limits of theappropriation made for the purposes of this chapter; and

(b) The salaries and compensation of clerks andstenographers must be at the same rate as that provided by law for clerks andstenographers in other state departments.

[Part 5:189:1943; A 1947, 779; 1951, 385](NRS A1995, 2525; 1997, 2584)

NRS 417.090 ExecutiveDirector and Deputy Executive Director: Duties. TheExecutive Director and the Deputy Executive Director shall:

1. Assist veterans, and those presently serving in themilitary and naval forces of the United States who are residents of the Stateof Nevada, their wives, widows, widowers, husbands, children, dependents,administrators, executors and personal representatives, in preparing,submitting and presenting any claim against the United States, or any state, foradjusted compensation, hospitalization, insurance, pension, disabilitycompensation, vocational training, education or rehabilitation and assist themin obtaining any aid or benefit to which they may, from time to time, be entitledunder the laws of the United States or of any of the states.

2. Aid, assist, encourage and cooperate with everynationally recognized service organization insofar as the activities of suchorganizations are for the benefit of veterans and servicemen and women.

3. Give aid, assistance and counsel to each and everyproblem, question and situation, individual as well as collective, affectingany veteran or serviceman or woman, or their dependents, or any group ofveterans or servicemen and women, when in their opinion such comes within thescope of this chapter.

4. Coordinate activities of veterans organizations.

5. Serve as a clearinghouse and disseminateinformation relating to veterans benefits.

6. Conduct any studies which will assist veterans toobtain compensation, hospitalization, insurance, pension, disabilitycompensation, vocational training, education, rehabilitation or any otherbenefit to which veterans may be entitled under the laws of the United Statesor of any state.

7. Aid, assist and cooperate with the office ofcoordinator of services for veterans created in a county pursuant to NRS 244.401.

8. Pay to each county that creates the office ofcoordinator of services for veterans, from state money available to him, aportion of the cost of operating the office in an amount determined by theExecutive Director.

[3:189:1943; A 1947, 779; 1943 NCL 6879.02](NRS A1977, 1216; 1979, 326; 1997, 1319, 2585)

NRS 417.100 ExecutiveDirector and Deputy Executive Director: Administration of oaths; certificationof document. The Executive Director and theDeputy Executive Director may:

1. Administer oaths to any person whose acknowledgmentmay become necessary in the prosecution of any claim for compensation,hospitalization, insurance or other aid or benefits.

2. Certify to the correctness of any document ordocuments which may be submitted in connection with any such application.

[4:189:1943; A 1947, 779; 1943 NCL 6879.03](NRS A1995, 2526; 1997, 2585)

GUARDIANSHIP

NRS 417.110 ExecutiveDirector may act as guardian of estates of certain persons; fees.

1. The Executive Director may act as guardian of theestate of:

(a) The minor child of a deceased veteran.

(b) An insane or incompetent veteran.

(c) A person who is certified by the United StatesDepartment of Veterans Affairs as having money due from the United StatesDepartment of Veterans Affairs, the payment of which is dependent upon theappointment of a guardian for the person.

2. If a person for whom the Executive Director acts asguardian receives a monthly income of $500 or more, the Executive Director maycharge a fee of 5 percent of the monthly income of the person to pay for theexpenses of providing the guardianship service.

(Added to NRS by 1961, 32; A 1969, 883; 1971, 455;1973, 1579; 1975, 346; 1993, 220; 1995, 1090; 1997, 2586, 2591, 3335)

NRS 417.113 TrustFund for Estates of Persons for Whom Executive Director Acts as Guardian:Creation; deposits, interest and income; duties of Executive Director.

1. The Trust Fund for the Estates of Persons for Whomthe Executive Director Acts as Guardian is hereby created. All money receivedby the Executive Director as guardian for those persons pursuant to NRS 417.110 must be deposited with theState Treasurer for credit to the Fund.

2. The interest and income earned on the money in theFund, after deducting any applicable charges, must be credited to the Fund.

3. The Executive Director shall:

(a) Account separately for the money in the Fund whichis attributable to the estate of each person for whom he acts as guardian; and

(b) Allocate the interest earned on the money in theFund to each person for whom he acts as guardian based on the percentage of themoney in the Fund which is attributable to the estate of each of those persons.

(Added to NRS by 1995, 223; A 1997, 2586)

NRS 417.117 Checkingaccount for payment of expenses of persons for whom Executive Director acts asguardian: Maintenance; reimbursement; expenditures.

1. The Executive Director shall maintain a checkingaccount to pay the expenses of those persons for whom the Executive Directoracts as guardian pursuant to NRS 417.110which require immediate payment.

2. The State Treasurer shall reimburse the checkingaccount with money from the Fund as soon as practicable after the ExecutiveDirector makes an expenditure from that account.

3. The Executive Director shall not expend money fromthe checking account for any purpose other than the purpose described insubsection 1.

(Added to NRS by 1995, 223; A 1997, 2586)

NRS 417.120 Appointmentof Executive Director as guardian is appointment in capacity of his office.

1. An appointment of the Executive Director asguardian is an appointment of the Executive Director in the capacity of hisoffice and not an appointment of the Executive Director in his capacity as anindividual.

2. An appointment of the Executive Director asguardian made before April 21, 1969, shall be deemed to have been anappointment in the capacity of his office and not in his capacity as anindividual.

(Added to NRS by 1969, 883; A 1977, 641; 1997, 2586)

NRS 417.130 Feeif ward dies intestate and without heirs; deposit in Account for VeteransRelief.

1. Notwithstanding the provisions of subsection 2 of NRS 417.110, the Executive Director mayreceive a fee, in an amount set by the court, for his guardianship services inany estate where the ward dies leaving no will or heirs.

2. The fee must be deposited in a bank or credit unionin an Account for Veterans Relief.

(Added to NRS by 1971, 629; A 1981, 261; 1987, 422;1997, 2587, 2591, 3335; 1999, 1493)

NRS 417.140 Accountfor Veterans Relief.

1. The money in the Account for Veterans Relief must,in the discretion of the Executive Director, be used to aid destitute veteransand their dependents.

2. The Executive Director shall deposit the money inthe Account in:

(a) A savings account in a bank or credit union.

(b) A commercial checking account in a bank or creditunion.

3. The Executive Director shall keep an accuraterecord of any receipt or deposit, and of any withdrawal from any accountprovided in subsection 2. Any record of withdrawal must contain the followinginformation:

(a) The date of the withdrawal.

(b) The name of the payee.

(c) The purpose of the expenditure.

(Added to NRS by 1971, 629; A 1981, 17; 1987, 422;1997, 2587; 1999,1494)

VETERANS HOMES

NRS 417.145 VeteransHome Account; Gift Account for Veterans Homes; annual report of certainexpenditures made from Gift Account.

1. The Veterans Home Account is hereby established inthe State General Fund.

2. Money received from:

(a) Payments made by the United States Department ofVeterans Affairs for veterans who receive care in a veterans home;

(b) Other payments for medical care and services;

(c) Appropriations made by the Legislature forveterans homes;

(d) Federal grants and other money received pursuant toparagraph (c) of subsection 1 of NRS 417.147;

(e) Money collected pursuant to the schedule of ratesestablished pursuant to subsection 2 of NRS417.147 for occupancy of rooms at veterans homes; and

(f) Except as otherwise provided in subsection 7, giftsof money and proceeds derived from the sale of gifts of personal property forthe use of veterans homes, if the use of such gifts has not been restricted bythe donor,

must bedeposited with the State Treasurer for credit to the Veterans Home Account.

3. Interest and income must not be computed on themoney in the Veterans Home Account.

4. The Veterans Home Account must be administered bythe Executive Director, with the advice of the administrators, and except asotherwise provided in paragraph (c) of subsection 1 of NRS 417.147, the money deposited in theVeterans Home Account may only be expended for:

(a) The establishment, management, maintenance andoperation of veterans homes;

(b) A program or service related to a veterans home;

(c) The solicitation of other sources of money to funda veterans home; and

(d) The purpose of informing the public about issuesconcerning the establishment and uses of a veterans home.

5. Except as otherwise provided in subsection 7, giftsof personal property for the use of veterans homes:

(a) May be sold or exchanged if the sale or exchange isapproved by the State Board of Examiners; or

(b) May be used in kind if the gifts are not appropriatefor conversion to money.

6. All money in the Veterans Home Account must bepaid out on claims approved by the Executive Director as other claims againstthe State are paid.

7. The Gift Account for Veterans Homes is herebyestablished in the State General Fund. Gifts of money or personal propertywhich the donor has restricted to one or more uses at a veterans home must beused only in the manner designated by the donor. Gifts of money which the donorhas restricted to one or more uses at a veterans home must be deposited withthe State Treasurer for credit to the Gift Account for Veterans Homes. Theinterest and income earned on the money in the Gift Account for VeteransHomes, after deducting any applicable charges, must be credited to the GiftAccount for Veterans Homes. Any money remaining in the Gift Account forVeterans Homes at the end of each fiscal year does not lapse to the StateGeneral Fund, but must be carried forward into the next fiscal year.

8. The Executive Director shall, on or before August 1of each year, prepare and submit to the Interim Finance Committee a reportdetailing the expenditures made from the Gift Account for Veterans Homes thatare attributable to the money deposited in that account pursuant to subsection2 of NRS 482.3764.

(Added to NRS by 1993, 2599; A 1997, 2587; 1999, 1956; 2003, 2812, 3210; 2005, 530)

NRS 417.147 Appointmentof administrators; management, maintenance and operation; schedule of rates;location.

1. The Executive Director shall:

(a) Appoint an administrator for each veterans home inthis State. Each administrator must be licensed as a nursing facilityadministrator pursuant to NRS 654.170.

(b) Take such other actions as are necessary for themanagement, maintenance and operation of veterans homes in this State,including, without limitation, establishing and implementing rules, policiesand procedures for such management, maintenance and operation.

(c) Apply for federal grants and other sources of moneyavailable for establishing veterans homes. A federal grant must be used onlyas permitted by the terms of the grant.

2. With the advice of the Nevada Veterans ServicesCommission, the Executive Director shall, on or before April 1 of each calendaryear, recommend to the State Board of Examiners a schedule of rates to becharged for occupancy of rooms at each veterans home in this State during thefollowing fiscal year. The State Board of Examiners shall establish theschedule of rates. In setting the rates, the State Board of Examiners shallconsider the recommendations of the Executive Director, but is not bound tofollow the recommendations of the Executive Director.

3. The first veterans home that is established inthis State must be established at a location in southern Nevada determined tobe appropriate by the Interim Finance Committee. The Interim Finance Committeeshall give preference to a site that is zoned appropriately for theestablishment of a veterans home, that affords minimum costs of maintenanceand that is located in an area where the members of the families of theveterans can easily visit the veterans home. The site for the construction ofthe veterans home in southern Nevada must be:

(a) Located in reasonable proximity to:

(1) A public transportation system;

(2) Shopping centers; and

(3) A major hospital that has a center for thetreatment of trauma which is designated as a level II center by theAdministrator of the Health Division of the Department of Health and HumanServices.

(b) Not less than 5 acres in area.

4. If an additional veterans home is authorized, itmust be established in northern Nevada.

(Added to NRS by 1997, 2582; A 1999, 1957; 2001, 1121; 2005, 531)

NRS 417.148 Revolvingaccounts: Creation; purpose; transfer of money from Veterans Home Account.

1. A revolving account up to the amount of $2,000 ishereby created for each veterans home, and may be used for the payment ofbills of the veterans home requiring immediate payment and for no otherpurpose. The administrator of a veterans home shall deposit the money for therevolving account for the veterans home in a bank, credit union or savings andloan association qualified to receive deposits of public money. The revolvingaccount must be under the control of the administrator of the veterans homefor which the account was created.

2. The Executive Director may transfer such amounts ofmoney from the Veterans Home Account to a revolving account as the Executive Directordetermines necessary provided that the balance in the revolving account doesnot exceed $2,000.

(Added to NRS by 2003, 390)

NRS 417.149 Trustfund for deposit of money belonging to residents of veterans home; maintenanceof separate accounts for residents with money in fund; written account of moneyin fund; maintenance of reserve cash fund.

1. An administrator for a veterans home may acceptmoney belonging to the residents of the veterans home and, except as otherwiseprovided in this section, shall deposit that money in a trust fund which isestablished in a bank, credit union or savings and loan association qualifiedto receive deposits of public money. The administrator shall account for allsuch money of the residents separately. Interest and income earned on the moneyin the trust fund, after deducting any applicable charges, must be accountedfor separately and credited to the appropriate accounts in the trust fund.

2. The administrator shall:

(a) Keep a separate account for each resident whoentrusts his money with the administrator for deposit into the trust fund.

(b) Keep, or cause to be kept, a full and accuratewritten account of the money of each resident of the veterans home acceptedpursuant to this section.

(c) Pay any remaining balance in the account of aresident, including an amount equal to that portion of money in the reservecash fund maintained pursuant to subsection 3 that is attributable to theresident:

(1) If the resident leaves the veterans home,to the resident or his legal guardian; or

(2) Upon the death of the resident, to theperson administering the estate of the resident.

3. From the money in the trust fund, the administratorshall maintain a sum not to exceed $3,000 in a reserve cash fund at theveterans home for immediate use by the residents of the veterans home whohave an account in the trust fund. The administrator shall not keep an amountin the reserve cash fund attributable to a specific resident that is in excessof $50. If a resident withdraws money from the reserve cash fund, theadministrator shall deduct the amount of the withdrawal from the residentsaccount in the trust fund.

(Added to NRS by 2003, 389)

NEVADA VETERANS SERVICES COMMISSION

NRS 417.150 Creation;number of members; appointment, removal and terms of members; vacancies.

1. The Nevada Veterans Services Commission,consisting of nine members, is hereby created.

2. The Governor shall appoint:

(a) Three members who are representatives of nationallyrecognized veterans organizations and who possess honorable discharges fromsome branch of the military and naval service of the United States.

(b) Two members who are representatives of the generalpublic.

3. The Chairman of the Advisory Committee for aVeterans Cemetery in Northern Nevada and the Chairman of the AdvisoryCommittee for a Veterans Cemetery in Southern Nevada shall each appoint onemember from their respective committees to serve as a member of the Commission.Each member so appointed must be a representative of a nationally recognizedveterans organization and possess an honorable discharge from some branch ofthe military and naval service of the United States.

4. The Majority Leader of the Senate shall appoint onemember of the Senate to serve as a member of the Commission.

5. The Speaker of the Assembly shall appoint onemember of the Assembly to serve as a member of the Commission.

6. The Governor may remove a member of the Commissionat any time for failure to perform his duties, malfeasance or other good cause.

7. The term of office of each member is 2 years.

8. If a vacancy occurs in the membership of thosemembers appointed pursuant to paragraph (a) of subsection 2, the Governor shallfill the vacancy from among the names of qualified nominees provided to him inwriting by the Executive Director.

(Added to NRS by 1975, 1461; A 1977, 1216; 1983, 741;1995, 432; 1997, 2588; 2005,27)

NRS 417.160 Chairman;Vice Chairman; Executive Director to provide for minutes of meeting;compensation and expenses of members.

1. The Nevada Veterans Services Commission shallannually choose one of its members to serve as Chairman and one of its membersto serve as Vice Chairman.

2. The Executive Director shall provide for thepreparation and maintenance of written minutes for and audio recordings ortranscripts of each meeting of the Veterans Services Commission.

3. Members of the Veterans Services Commission areentitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Executive Director, while engaged in the business of the Commission.

(b) A subsistence allowance of not more than $56 perday, as fixed by the Executive Director, and actual expenses fortransportation, while traveling on business of the Commission.

(Added to NRS by 1975, 1462; A 1977, 1217; 1981,1982; 1995, 433; 1997, 2588; 2005, 1412)

NRS 417.170 Meetings;notice to members.

1. The Nevada Veterans Services Commission shall meetat least four times and not more than eight times every fiscal year.

2. Meetings of the Veterans Services Commission maybe held at the call of the Chairman whenever he determines that there issufficient business to warrant action by the Veterans Services Commission orwhenever five members of the Veterans Services Commission submit a writtenrequest for a meeting.

3. Meetings of the Veterans Services Commission mustbe held:

(a) In Las Vegas;

(b) In Reno; or

(c) At any other location if conducted byteleconference.

4. Notice of the time, place and purpose of allmeetings must be given in writing to each member at least 5 days before themeeting.

(Added to NRS by 1975, 1462; A 1983, 741, 1442; 1995,433; 1997, 2589; 1999,2074)

NRS 417.180 Quorum;vacancies.

1. A majority of the Nevada Veterans ServicesCommission constitutes a quorum for the transaction of any business.

2. A vacancy on the Veterans Services Commission doesnot impair the right of the remaining members to perform any of the duties ofthe Veterans Services Commission.

(Added to NRS by 1975, 1462; A 1997, 2589)

NRS 417.190 Duties. The Nevada Veterans Services Commission shall:

1. Advise the Executive Director and Deputy ExecutiveDirector.

2. Make recommendations to the Governor, theLegislature, the Executive Director and the Deputy Executive Director regardingaid or benefits to veterans.

(Added to NRS by 1975, 1462; A 1977, 1217; 1997,2589)

VETERANS CEMETERIES

NRS 417.200 Establishment;operation and maintenance; procedure for offering voluntary services.

1. The Executive Director shall establish, operate andmaintain a veterans cemetery in northern Nevada and a veterans cemetery insouthern Nevada, and may, within the limits of legislative authorization,employ personnel and purchase equipment and supplies necessary for theoperation and maintenance of the cemeteries. The Executive Director shallemploy a cemetery superintendent to operate and maintain each cemetery.

2. A person desiring to provide voluntary services tofurther the establishment, maintenance or operation of either of the cemeteriesshall submit a written offer to the cemetery superintendent which describes thenature of the services. The cemetery superintendent shall consider all suchoffers and approve those he deems appropriate. The cemetery superintendentshall coordinate the provision of all services so approved.

(Added to NRS by 1987, 991; A 1995, 2526; 1997, 2589)

NRS 417.210 Eligibilityfor interment; application; fees; interment of family member.

1. A veteran who is eligible for interment in anational cemetery pursuant to the provisions of 38 U.S.C. 2402 is eligiblefor interment in a veterans cemetery in this State.

2. An eligible veteran, or a member of his immediatefamily, or a veterans organization recognized by the Executive Director mayapply for a plot in a cemetery for veterans in this State by submitting arequest to the cemetery superintendent on a form to be supplied by the cemeterysuperintendent. The cemetery superintendent shall assign available plots in theorder in which applications are received. A specific plot may not be reservedbefore it is needed for burial. No charge may be made for a plot or for theinterment of a veteran.

3. One plot is allowed for the interment of eacheligible veteran and for each member of his immediate family, except where theconditions of the soil or the number of the decedents of the family requiresmore than one plot.

4. The Executive Director shall charge a fee for theinterment of a family member, but the fee may not exceed the actual cost ofinterment.

5. As used in this section, immediate family meansthe spouse, minor child or, when the Executive Director deems appropriate, theunmarried adult child of an eligible veteran.

(Added to NRS by 1987, 991; A 1995, 2526; 1997, 2589;2003, 385)

NRS 417.220 Accountfor Veterans Affairs; Gift Account for Veterans Cemeteries.

1. The Account for Veterans Affairs is hereby createdin the State General Fund.

2. Money received by the Executive Director or theDeputy Executive Director from:

(a) Fees charged pursuant to NRS 417.210;

(b) Allowances for burial from the Department ofVeterans Affairs or other money provided by the Federal Government for thesupport of veterans cemeteries;

(c) Receipts from the sale of gifts and generalmerchandise;

(d) Grants obtained by the Executive Director or theDeputy Executive Director for the support of veterans cemeteries; and

(e) Except as otherwise provided in subsection 6 and NRS 417.145 and 417.147, gifts of money and proceedsderived from the sale of gifts of personal property that he is authorized toaccept, if the use of such gifts has not been restricted by the donor,

must bedeposited with the State Treasurer for credit to the Account for VeteransAffairs and must be accounted for separately for a veterans cemetery innorthern Nevada or a veterans cemetery in southern Nevada, whichever isappropriate.

3. The interest and income earned on the moneydeposited pursuant to subsection 2, after deducting any applicable charges,must be accounted for separately. Interest and income must not be computed on:

(a) Money appropriated from the State General Fund tothe Account for Veterans Affairs.

(b) Fees charged pursuant to NRS 417.110 that are deposited in theAccount for Veterans Affairs.

4. The money deposited pursuant to subsection 2 mayonly be used for the operation and maintenance of the cemetery for which themoney was collected. In addition to personnel he is authorized to employpursuant to NRS 417.200, the ExecutiveDirector may use money deposited pursuant to subsection 2 to employ such additionalemployees as are necessary for the operation and maintenance of the cemeteries,except that the number of such additional full-time employees that theExecutive Director may employ at each cemetery must not exceed 60 percent ofthe number of full-time employees for national veterans cemeteries that isestablished by the National Cemetery Administration of the United StatesDepartment of Veterans Affairs.

5. Except as otherwise provided in subsection 7, giftsof personal property which the Executive Director or the Deputy ExecutiveDirector is authorized to receive but which are not appropriate for conversionto money may be used in kind.

6. The Gift Account for Veterans Cemeteries is herebycreated in the State General Fund. Gifts of money that the Executive Directoror the Deputy Executive Director is authorized to accept and which the donorhas restricted to one or more uses at a veterans cemetery must be accountedfor separately in the Gift Account for Veterans Cemeteries. The interest andincome earned on the money deposited pursuant to this subsection must, afterdeducting any applicable charges, be accounted for separately for a veteranscemetery in northern Nevada or a veterans cemetery in southern Nevada, asapplicable. Any money remaining in the Gift Account for Veterans Cemeteries atthe end of each fiscal year does not revert to the State General Fund, but mustbe carried over into the next fiscal year.

7. The Executive Director or the Deputy ExecutiveDirector shall use gifts of money or personal property that he is authorized toaccept and for which the donor has restricted to one or more uses at aveterans cemetery in the manner designated by the donor, except that if theoriginal purpose of the gift has been fulfilled or the original purpose cannotbe fulfilled for good cause, any money or personal property remaining in thegift may be used for other purposes at the veterans cemetery in northernNevada or the veterans cemetery in southern Nevada, as appropriate.

(Added to NRS by 1987, 992; A 1995, 1091; 1997, 2590,3082; 1999, 638, 1958; 2003, 867, 1828)

NRS 417.230 AdvisoryCommittees for Veterans Cemeteries: Creation; members; terms; meetings;expenses; consultation.

1. There are hereby created the Advisory Committee fora Veterans Cemetery in Northern Nevada and the Advisory Committee for aVeterans Cemetery in Southern Nevada, each consisting of seven members asfollows:

(a) One member of the Senate, appointed by the MajorityLeader of the Senate.

(b) One member of the Assembly, appointed by theSpeaker of the Assembly.

(c) Five members of veterans organizations in thisState, appointed by the Governor.

2. The members of the Committees shall serve terms of2 years.

3. Each Committee shall annually elect a Chairman anda Vice Chairman from among its members.

4. Each Committee shall meet at least 4 times a year.

5. Any legislative member of a Committee who is not acandidate for reelection or who is defeated for reelection continues to serveuntil the convening of the next session of the Legislature.

6. While engaged in the work of the Committee, eachmember of each Committee is entitled to receive the per diem allowances andtravel expenses provided for state officers and employees generally.

7. The Executive Director shall consult with eachCommittee regarding the establishment, maintenance and operation of theveterans cemetery for which the Committee was created.

(Added to NRS by 1987, 992; A 1995, 2527; 1997, 2591;2005, 28)

 

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