Senate Bill No. 22-Senators Jacobsen, O'Connell, Adler, Augustine, Coffin, James, Mathews, McGinness, Neal, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener
January 22, 1997
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Referred to Committee on Finance
SUMMARY--Makes various changes related to services and benefits for veterans in this state. (BDR 37-186)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to veterans; requiring the Nevada commissioner for veteran affairs to establish, maintain and operate a home for veterans; making various changes to the provisions regarding the appointment of the commissioner and deputy commissioner for veteran affairs; making various changes to the provisions regarding the procedures for the operation of veterans' cemeteries; making an appropriation for the construction of a home for veterans in southern Nevada; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 417 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commissioner shall:
(a) Take such actions as are necessary for the establishment, maintenance and operation of a veterans' home in this state; and
(b) Apply for federal grants and other sources of money available for establishing a veterans' home. Federal grants and other money received pursuant to this paragraph must be deposited with the state treasurer for credit to the veterans' home account. A federal grant must be used only as permitted by the terms of the grant.
2. A veterans' home must be established at a location in southern Nevada determined to be appropriate by the commissioner.
3. If an additional veterans' home is authorized, it must be established either in northern or eastern Nevada, or both.
Sec. 2. NRS 417.030 is hereby amended to read as follows:
417.030 1. The [commissioner and deputy commissioner shall be appointed by the] governor must appoint the commissioner and the deputy commissioner from a list of names selected by a committee [composed of the department commanders, or other similar officers, of the Veterans of Foreign Wars, American Legion, Disabled American Veterans of the World War, and of any other nationally recognized service organization wherein membership is based upon service in the military and naval forces of the United States during time of war.] appointed by the governor pursuant to NRS 417.050.
2. If the governor does not approve of the appointment of any of the persons [recommended,] selected by the committee, he may request the committee to provide other and additional recommendations.
3. [Any person to] To be eligible for appointment as the commissioner or the deputy commissioner , a person must be an actual and bona fide resident of the State of Nevada and possess an honorable discharge from some branch of the military [and] or naval service of the United States.
Sec. 3. NRS 417.050 is hereby amended to read as follows:
417.050 1. The office of commissioner or deputy commissioner [shall not be permitted to] must not be vacant at any time for a period of more than 30 days.
2. Immediately upon a vacancy occurring in the office of commissioner or deputy commissioner, the governor shall [notify the department heads of the service organizations designated in NRS 417.030, who shall within 10 days thereafter make the recommendation required of them.] appoint a committee to make recommendations of names for the office. Each member of the committee appointed by the governor pursuant to this section must possess an honorable discharge from some branch of the military or naval service of the United States.
3. The committee shall provide the governor with a list of names not later than 10 days after the committee is appointed.
4. The commissioner or deputy commissioner may be removed from office at any time [on] for failure to perform the duties required of him by this chapter.
Sec. 4. NRS 417.145 is hereby amended to read as follows:
417.145 1. The veterans' home account is hereby established in the state general fund.
2. The account must be administered by the commissioner, with the advice of the deputy commissioner and the Nevada veterans' advisory commission, and except as otherwise provided by section 2 of this act, expended for [the] :
(a) The construction, operation and maintenance of a veterans' home for the benefit of veterans from all the counties of the state [.
3.] ;
(b) A program or service related to a veterans' home;
(c) The solicitation of other sources of money to fund a veterans' home; and
(d) Informing the public about issues concerning the establishment and uses of a veterans' home.
3. The commissioner may accept any gift, grant or contribution made for the use of the account. Any such gift, grant or contribution of:
(a) Money must be deposited with the state treasurer for credit to the account.
(b) Property other than money may be sold or exchanged if the sale or exchange is approved by the state board of examiners. Money received from the sale or exchange of property pursuant to this paragraph must be deposited with the state treasurer for credit to the account.
4. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not lapse to the state general fund, but must be carried over into the next fiscal year.
[4.] 5. All money in the account must be paid out on claims approved by the commissioner as other claims against the state are paid.
Sec. 5. NRS 417.200 is hereby amended to read as follows:
417.200 1. The commissioner shall establish, operate and maintain a veterans' cemetery in northern Nevada and a veterans' cemetery in southern Nevada, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries. The commissioner shall employ a cemetery superintendent to operate and maintain each cemetery.
2. [Any] A person desiring to provide voluntary services to further the establishment, maintenance or operation of either of the cemeteries shall submit a written offer to the [commissioner] cemetery superintendent which describes the nature of the services. The [commissioner] cemetery superintendent shall consider all such offers and approve those he deems appropriate. The [commissioner] cemetery superintendent shall coordinate the provision of all services so approved.
Sec. 6. NRS 417.210 is hereby amended to read as follows:
417.210 1. [Any] A veteran who [was] is eligible for interment in a national cemetery [under] pursuant to the provisions of 38 U.S.C. [§ 1002(1), (2), (3) and (4), as that section existed on January 1, 1987,] § 2402 is eligible for interment in a veterans' cemetery in this state.
2. [Any] An eligible veteran, or a member of his immediate family, may apply for a plot in a cemetery for veterans in this state by submitting a request to the [commissioner or deputy commissioner] cemetery superintendent on a form to be supplied by the [commissioner or deputy commissioner. The commissioner or the deputy commissioner] cemetery superintendent. The cemetery superintendent shall assign available plots in the order in which applications are received. A specific plot may not be reserved before it is needed for burial. No charge may be made for [any] a plot or for the interment of [any] a veteran.
3. One [member of the immediate family of an eligible veteran may also be interred in the cemetery if the interment is in the same plot.] plot is allowed for the interment of each eligible veteran and for each eligible member of his family, except where the conditions of the soil or the number of the decedents of the family requires more than one plot.
4. The commissioner or the deputy commissioner shall charge a fee for the interment of a family member, but the fee [may] must not exceed the actual cost of interment.
[4.] 5. As used in this section, "immediate family" means the spouse, minor child or , when the commissioner deems appropriate, the unmarried adult child of an eligible veteran.
Sec. 7. NRS 417.220 is hereby amended to read as follows:
417.220 1. Money received by the commissioner or the deputy commissioner from:
(a) Fees charged pursuant to [subsection 3 of] NRS 417.210;
(b) Allowances for burial from the Department of Veterans Affairs or the Social Security Administration;
(c) Appropriations made by the legislature for veterans' cemeteries; and
(d) [Gifts] Except as otherwise provided in NRS 417.145 and section 1 of this act, gifts of money or proceeds derived from the sale of gifts of personal property that he is authorized to accept,
must be deposited with the state treasurer for credit to the account for a veterans' cemetery in northern Nevada or the account for a veterans' cemetery in southern Nevada, whichever is appropriate, in the state general fund.
2. The interest and income earned on the money in the accounts, after deducting any applicable charges, must be credited to the accounts.
3. The money in each account must only be used for the operation and maintenance of the cemetery for which the account was created.
4. Gifts of personal property which the commissioner or the deputy commissioner is authorized to receive , but which are not appropriate for conversion to money , may be used in kind.
Sec. 8. 1. There is hereby appropriated from the state general fund to the state public works board the sum of $6,500,000 for the construction of a home for veterans in southern Nevada.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after completion of the project and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 9. This act becomes effective on July 1, 1997.