[Rev. 1/16/2013 11:30:01 AM--2012R2]
TITLE 37 - VETERANS’ AND OTHER PRIVILEGES AND BENEFITS RELATED TO MILITARY SERVICE
CHAPTER 417 - VETERANS’ SERVICES
GENERAL PROVISIONS
NRS 417.010 Definitions.
OFFICE OF VETERANS’ SERVICES
NRS 417.020 Creation of Office; Director; duties; regulations.
NRS 417.030 Executive Director and Deputy Executive Director: Appointment; qualifications.
NRS 417.035 Executive Director: Official bond.
NRS 417.040 Executive Director and Deputy Executive Director: Terms of office.
NRS 417.050 Executive Director and Deputy Executive Director: Vacancies; removal from office; absence from office.
NRS 417.060 Executive Director and Deputy Executive Director: Classification; other employment prohibited.
NRS 417.070 Location of offices; Deputy Executive Director to report to and assist Executive Director.
NRS 417.080 Employees, equipment and supplies; administrative expenses and salaries.
NRS 417.090 Executive Director and Deputy Executive Director: Duties.
NRS 417.100 Executive Director and Deputy Executive Director: Administration of oaths; certification of document.
NRS 417.105 Executive Director: Review of report of preferences for local businesses owned by veterans with service-connected disabilities.
GUARDIANSHIP
NRS 417.110 Executive Director may act as guardian of estates of certain persons; fees. [Repealed.]
NRS 417.113 Trust Fund for Estates of Persons for Whom Executive Director Acts as Guardian: Creation; deposits, interest and income; duties of Executive Director. [Repealed.]
NRS 417.117 Checking account for payment of expenses of persons for whom Executive Director acts as guardian: Maintenance; reimbursement; expenditures. [Repealed.]
NRS 417.120 Appointment of Executive Director as guardian is appointment in capacity of office. [Repealed.]
NRS 417.130 Fee if ward dies intestate and without heirs; deposit in Account for Veterans’ Relief. [Repealed.]
NRS 417.140 Account for Veterans’ Relief. [Repealed.]
VETERANS’ HOMES
NRS 417.145 Veterans’ Home Account; Gift Account for Veterans’ Homes; Gift Account for Veterans; annual report of expenditures made from Gift Account for Veterans’ Homes and Gift Account for Veterans.
NRS 417.147 Appointment of administrators; management, maintenance and operation; schedule of rates; location.
NRS 417.148 Revolving accounts: Creation; purpose; transfer of money from Veterans’ Home Account.
NRS 417.149 Trust fund for deposit of money belonging to residents of veterans’ home; maintenance of separate accounts for residents with money in fund; written account of money in 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 Chair; Vice Chair; Executive Director to provide for minutes of meeting; compensation and 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 Eligibility for interment; application; fees; interment of family member.
NRS 417.220 Account for Veterans’ Affairs; Gift Account for Veterans’ Cemeteries.
NRS 417.230 Advisory Committees for Veterans’ Cemeteries: Creation; members; terms; meetings; expenses; consultation.
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GENERAL PROVISIONS
NRS 417.010 Definitions. As used in this chapter, unless the context otherwise requires:
1. “Administrator” means the administrator of a veterans’ home in this State.
2. “Deputy Executive Director” means the Deputy Executive Director for Veterans’ Services.
3. “Executive Director” means the Executive Director for Veterans’ Services.
(NRS A 1963, 13; A 1997, 2583; 1999, 2477; 2003, 2812)
OFFICE OF VETERANS’ SERVICES
NRS 417.020 Creation of Office; Director; duties; regulations.
1. The Office of Veterans’ Services is hereby created.
2. The Office consists of the offices of the Executive Director for Veterans’ Services and the Deputy Executive Director for Veterans’ Services.
3. The Executive Director shall serve as the Director of the Office of Veterans’ Services and is responsible for the performance of the duties imposed upon the Office, and for such other duties as may be prescribed by this chapter.
4. The Executive Director may adopt such regulations as are necessary to carry out the provisions of this chapter.
[1:189:1943; A 1947, 779; 1943 NCL § 6879]—(NRS A 1963, 13; 1993, 1615; 1997, 2583; 1999, 2477)
NRS 417.030 Executive Director and Deputy Executive Director: Appointment; qualifications.
1. The Executive Director and Deputy Executive Director must be appointed by the Governor.
2. Any person to be eligible for appointment as the Executive Director or the Deputy Executive Director must:
(a) Be an actual and bona fide resident of the State of Nevada;
(b) Possess an honorable discharge from some branch of the military and naval service of the United States; and
(c) Have at least 4 years of experience in management or administration.
[Part 2:189:1943; A 1947, 779; 1943 NCL § 6879.01]—(NRS A 1991, 64; 1997, 2583)
NRS 417.035 Executive Director: Official bond. The Executive Director shall execute and deliver to the Secretary of State his or her official bond in the penal sum of $500,000 with a corporate surety licensed to do business in this State, conditioned to ensure his or her faithful discharge of responsibilities as guardian of the estates of those veterans and dependents for whom he or she acts. A separate bond for each estate is not required.
(Added to NRS by 1977, 641; A 1997, 2583)
NRS 417.040 Executive Director and Deputy Executive Director: Terms of office. The term of office of the Executive Director or Deputy Executive Director is 4 years, terminating on July 1 of the first year of the Governor’s term of office.
[Part 8:189:1943; A 1947, 779; 1943 NCL § 6879.07]—(NRS A 1983, 741; 1997, 2584)
NRS 417.050 Executive Director and Deputy Executive Director: Vacancies; removal from office; absence from office.
1. Upon a vacancy occurring in the office of Executive Director or Deputy Executive Director, the Governor shall appoint a successor to that office within 30 days after the vacancy.
2. The Executive Director or Deputy Executive Director may be removed from office at any time on failure to perform the duties required by this chapter.
3. The Deputy Executive Director shall assume the duties of the Executive Director in the Executive Director’s 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 Executive Director and Deputy Executive Director: Classification; other employment prohibited. The Executive Director and the Deputy Executive Director are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, each shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of 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 Location of offices; Deputy Executive Director to report to and assist Executive Director.
1. The office of the Executive Director must be located in the same city where the state regional office of the United States Department of Veterans Affairs maintains its state administrative bureau, and if that office is discontinued in the State of Nevada, then at such place as the Governor may designate.
2. The office of the Deputy Executive Director must be maintained at Las Vegas, Nevada.
3. The Deputy Executive Director shall report to the Executive Director and shall assist the Executive Director in performing the duties prescribed in this chapter.
[6:189:1943; A 1947, 779; 1943 NCL § 6879.05]—(NRS A 1995, 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 stenographic assistance as necessary.
(b) May purchase necessary office equipment and supplies.
(c) Is entitled to receive necessary travel and miscellaneous administrative expenses in the administration of this chapter.
2. All clerical and stenographic services, office equipment and supplies, travel expenses at the same rate as other state officers and miscellaneous administrative expenses and salaries must be paid at the time and in the manner that similar claims and expenses of other state departments and officers are paid, but:
(a) All expenses must be within the limits of the appropriation made for the purposes of this chapter; and
(b) The salaries and compensation of clerks and stenographers must be at the same rate as that provided by law for clerks and stenographers in other state departments.
[Part 5:189:1943; A 1947, 779; 1951, 385]—(NRS A 1995, 2525; 1997, 2584)
NRS 417.090 Executive Director and Deputy Executive Director: Duties. The Executive Director and the Deputy Executive Director shall:
1. Assist veterans, and those presently serving in the military and naval forces of the United States who are residents of the State of 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, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education or rehabilitation and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States or of any of the states.
2. Aid, assist, encourage and cooperate with every nationally recognized service organization insofar as the activities of such organizations are for the benefit of veterans, servicemen and servicewomen.
3. Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran, serviceman or servicewoman, or their dependents, or any group of veterans, servicemen and servicewomen, when in their opinion such comes within the scope of this chapter.
4. Coordinate activities of veterans’ organizations.
5. Serve as a clearinghouse and disseminate information relating to veterans’ benefits.
6. Conduct any studies which will assist veterans to obtain compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.
7. Aid, assist and cooperate with the office of coordinator of services for veterans created in a county pursuant to NRS 244.401.
8. Pay to each county that creates the office of coordinator of services for veterans, from state money available to him or her, a portion of the cost of operating the office in an amount determined by the Executive Director.
9. Take possession of any abandoned or unclaimed artifacts or other property that has military value for safekeeping. The Executive Director or Deputy Executive Director may transfer such property to a veterans’ or military museum.
[3:189:1943; A 1947, 779; 1943 NCL § 6879.02]—(NRS A 1977, 1216; 1979, 326; 1997, 1319, 2585; 2009, 385)
NRS 417.100 Executive Director and Deputy Executive Director: Administration of oaths; certification of document. The Executive Director and the Deputy Executive Director may:
1. Administer oaths to any person whose acknowledgment may 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 or documents which may be submitted in connection with any such application.
[4:189:1943; A 1947, 779; 1943 NCL § 6879.03]—(NRS A 1995, 2526; 1997, 2585)
NRS 417.105 Executive Director: Review of report of preferences for local businesses owned by veterans with service-connected disabilities.
1. Each year on or before October 1, the Office of Veterans’ Services shall review the reports submitted pursuant to NRS 333.3368 and 338.13846.
2. In carrying out the provisions of subsection 1, the Office of Veterans’ Services shall seek input from:
(a) The Purchasing Division of the Department of Administration.
(b) The State Public Works Board of the State Public Works Division of the Department of Administration.
(c) The Office of Economic Development.
(d) Groups representing the interests of veterans of the Armed Forces of the United States.
(e) The business community.
(f) Local businesses owned by veterans with service-connected disabilities.
3. After performing the duties described in subsections 1 and 2, the Office of Veterans’ Services shall make recommendations to the Legislative Commission regarding the continuation, modification, promotion or expansion of the preferences for local businesses owned by veterans with service-connected disabilities which are described in NRS 333.3366 and 338.13844.
4. As used in this section:
(a) “Business owned by a veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13841.
(b) “Local business” has the meaning ascribed to it in NRS 333.3363.
(c) “Veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13843.
(Added to NRS by 2009, 2674; 2011, 3471)
GUARDIANSHIP
NRS 417.110 Executive Director may act as guardian of estates of certain persons; fees. Repealed. (See chapter 372, Statutes of Nevada 2011, at page 2194.)
NRS 417.113 Trust Fund for Estates of Persons for Whom Executive Director Acts as Guardian: Creation; deposits, interest and income; duties of Executive Director. Repealed. (See chapter 372, Statutes of Nevada 2011, at page 2194.)
NRS 417.117 Checking account for payment of expenses of persons for whom Executive Director acts as guardian: Maintenance; reimbursement; expenditures. Repealed. (See chapter 372, Statutes of Nevada 2011, at page 2194.)
NRS 417.120 Appointment of Executive Director as guardian is appointment in capacity of office. Repealed. (See chapter 372, Statutes of Nevada 2011, at page 2194.)
NRS 417.130 Fee if ward dies intestate and without heirs; deposit in Account for Veterans’ Relief. Repealed. (See chapter 372, Statutes of Nevada 2011, at page 2194.)
NRS 417.140 Account for Veterans’ Relief. Repealed. (See chapter 372, Statutes of Nevada 2011, at page 2194.)
VETERANS’ HOMES
NRS 417.145 Veterans’ Home Account; Gift Account for Veterans’ Homes; Gift Account for Veterans; annual report of expenditures made from Gift Account for Veterans’ Homes and Gift Account for Veterans.
1. The Veterans’ Home Account is hereby established in the State General Fund.
2. Money received from:
(a) Payments made by the United States Department of Veterans Affairs for veterans who receive care in a veterans’ home;
(b) Other payments for medical care and services;
(c) Appropriations made by the Legislature for veterans’ homes;
(d) Federal grants and other money received pursuant to paragraph (c) of subsection 1 of NRS 417.147;
(e) Money collected pursuant to the schedule of rates established pursuant to subsection 2 of NRS 417.147 for occupancy of rooms at veterans’ homes; and
(f) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property for the use of veterans’ homes, if the use of those gifts has not been restricted by the donor,
Ê must be deposited with the State Treasurer for credit to the Veterans’ Home Account.
3. Interest and income must not be computed on the money in the Veterans’ Home Account.
4. The Veterans’ Home Account must be administered by the Executive Director, with the advice of the administrators, and except as otherwise provided in paragraph (c) of subsection 1 of NRS 417.147, the money deposited in the Veterans’ Home Account may only be expended for:
(a) The establishment, management, maintenance and operation of veterans’ homes;
(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) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.
5. Except as otherwise provided in subsection 7, gifts of personal property for the use of veterans’ homes:
(a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or
(b) May be used in kind if the gifts are not appropriate for conversion to money.
6. All money in the Veterans’ Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.
7. The Gift Account for Veterans’ Homes is hereby established in the State General Fund. Gifts of money or personal property which the donor has restricted to one or more uses at a veterans’ home must be used only in the manner designated by the donor. Gifts of money which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.
8. The Gift Account for Veterans is hereby created in the State General Fund. The Executive Director shall administer the Gift Account for Veterans. The money deposited in the Gift Account for Veterans pursuant to NRS 482.3764 may only be used for the support of outreach programs or services for veterans and their families, or both, as determined by the Executive Director. The interest and income earned on the money in the Gift Account for Veterans, after deducting any applicable charges, must be credited to the Gift Account for Veterans. All money in the Gift Account for Veterans must be paid out on claims approved by the Executive Director as other claims against the State are paid. Any money remaining in the Gift Account for Veterans at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.
9. The Executive Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Gift Account for Veterans’ Homes and the Gift Account for Veterans.
(Added to NRS by 1993, 2599; A 1997, 2587; 1999, 1956; 2003, 2812, 3210; 2005, 530; 2007, 668; 2011, 467)
NRS 417.147 Appointment of administrators; management, maintenance and operation; schedule of rates; location.
1. The Executive Director shall:
(a) Appoint an administrator for each veterans’ home in this State. Each administrator must be licensed as a nursing facility administrator pursuant to NRS 654.170.
(b) Take such other actions as are necessary for the management, maintenance and operation of veterans’ homes in this State, including, without limitation, establishing and implementing rules, policies and procedures for such management, maintenance and operation.
(c) Apply for federal grants and other sources of money available for establishing veterans’ homes. A federal grant must be used only as permitted by the terms of the grant.
2. With the advice of the Nevada Veterans’ Services Commission, the Executive Director shall, on or before April 1 of each calendar year, recommend to the State Board of Examiners a schedule of rates to be charged for occupancy of rooms at each veterans’ home in this State during the following fiscal year. The State Board of Examiners shall establish the schedule of rates. In setting the rates, the State Board of Examiners shall consider the recommendations of the Executive Director, but is not bound to follow the recommendations of the Executive Director.
3. The first veterans’ home that is established in this State must be established at a location in southern Nevada determined to be appropriate by the Interim Finance Committee. The Interim Finance Committee shall give preference to a site that is zoned appropriately for the establishment of a veterans’ home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans’ home. The site for the construction of the 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 the treatment of trauma which is designated as a level II center by the Administrator of the Health Division of the Department of Health and Human Services.
(b) Not less than 5 acres in area.
4. If an additional veterans’ home is authorized, it must be established in northern Nevada.
(Added to NRS by 1997, 2582; A 1999, 1957; 2001, 1121; 2005, 531)
NRS 417.148 Revolving accounts: Creation; purpose; transfer of money from Veterans’ Home Account.
1. A revolving account up to the amount of $2,000 is hereby created for each veterans’ home, and may be used for the payment of bills of the veterans’ home requiring immediate payment and for no other purpose. The administrator of a veterans’ home shall deposit the money for the revolving account for the veterans’ home in a bank, credit union or savings and loan association qualified to receive deposits of public money. The revolving account must be under the control of the administrator of the veterans’ home for which the account was created.
2. The Executive Director may transfer such amounts of money from the Veterans’ Home Account to a revolving account as the Executive Director determines necessary provided that the balance in the revolving account does not exceed $2,000.
(Added to NRS by 2003, 390)
NRS 417.149 Trust fund for deposit of money belonging to residents of veterans’ home; maintenance of separate accounts for residents with money in fund; written account of money in fund; maintenance of reserve cash fund.
1. An administrator for a veterans’ home may accept money belonging to the residents of the veterans’ home and, except as otherwise provided in this section, shall deposit that money in a trust fund which is established in a bank, credit union or savings and loan association qualified to receive deposits of public money. The administrator shall account for all such money of the residents separately. Interest and income earned on the money in the trust fund, after deducting any applicable charges, must be accounted for separately and credited to the appropriate accounts in the trust fund.
2. The administrator shall:
(a) Keep a separate account for each resident who entrusts his or her money with the administrator for deposit into the trust fund.
(b) Keep, or cause to be kept, a full and accurate written account of the money of each resident of the veterans’ home accepted pursuant to this section.
(c) Pay any remaining balance in the account of a resident, including an amount equal to that portion of money in the reserve cash fund maintained pursuant to subsection 3 that is attributable to the resident:
(1) If the resident leaves the veterans’ home, to the resident or his or her legal guardian; or
(2) Upon the death of the resident, to the person administering the estate of the resident.
3. From the money in the trust fund, the administrator shall maintain a sum not to exceed $3,000 in a reserve cash fund at the veterans’ home for immediate use by the residents of the veterans’ home who have an account in the trust fund. The administrator shall not keep an amount in the reserve cash fund attributable to a specific resident that is in excess of $50. If a resident withdraws money from the reserve cash fund, the administrator shall deduct the amount of the withdrawal from the resident’s account 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 nationally recognized veterans’ organizations and who possess honorable discharges from some branch of the military and naval service of the United States.
(b) Two members who are representatives of the general public.
3. The Chair of the Advisory Committee for a Veterans’ Cemetery in Northern Nevada and the Chair of the Advisory Committee for a Veterans’ Cemetery in Southern Nevada shall each appoint one member from their respective committees to serve as a member of the Commission. Each member so appointed must be a representative of a nationally recognized veterans’ organization and possess an honorable discharge from some branch of the military and naval service of the United States.
4. The Majority Leader of the Senate shall appoint one member of the Senate to serve as a member of the Commission.
5. The Speaker of the Assembly shall appoint one member of the Assembly to serve as a member of the Commission.
6. The Governor may remove a member of the Commission at any time for failure to perform his or her 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 those members appointed pursuant to paragraph (a) of subsection 2, the Governor shall fill the vacancy from among the names of qualified nominees provided to the Governor in writing by the Executive Director.
(Added to NRS by 1975, 1461; A 1977, 1216; 1983, 741; 1995, 432; 1997, 2588; 2005, 27)
NRS 417.160 Chair; Vice Chair; Executive Director to provide for minutes of meeting; compensation and expenses of members.
1. The Nevada Veterans’ Services Commission shall annually choose one of its members to serve as Chair and one of its members to serve as Vice Chair.
2. The Executive Director shall provide for the preparation and maintenance of written minutes for and audio recordings or transcripts of each meeting of the Veterans’ Services Commission.
3. Members of the Veterans’ Services Commission are entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Executive Director, while engaged in the business of the Commission.
(b) A subsistence allowance of not more than $56 per day, as fixed by the Executive Director, and actual expenses for transportation, 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 meet at least four times and not more than eight times every fiscal year.
2. Meetings of the Veterans’ Services Commission may be held at the call of the Chair whenever the Chair determines that there is sufficient business to warrant action by the Veterans’ Services Commission or whenever five members of the Veterans’ Services Commission submit a written request for a meeting.
3. Meetings of the Veterans’ Services Commission must be held:
(a) In Las Vegas;
(b) In Reno; or
(c) At any other location if conducted by teleconference.
4. Notice of the time, place and purpose of all meetings must be given in writing to each member at least 5 days before the meeting.
(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’ Services Commission constitutes a quorum for the transaction of any business.
2. A vacancy on the Veterans’ Services Commission does not impair the right of the remaining members to perform any of the duties of the 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 Executive Director.
2. Make recommendations to the Governor, the Legislature, the Executive Director and the Deputy Executive Director regarding aid 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 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 Executive Director shall employ a cemetery superintendent to operate and maintain each cemetery.
2. The cemetery superintendent shall ensure that the area immediately above and surrounding the interred remains in each veterans’ cemetery is landscaped with natural grass.
3. 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 cemetery superintendent which describes the nature of the services. The cemetery superintendent shall consider all such offers and approve those he or she deems appropriate. The cemetery superintendent shall coordinate the provision of all services so approved.
(Added to NRS by 1987, 991; A 1995, 2526; 1997, 2589; 2009, 1832)
NRS 417.210 Eligibility for interment; application; fees; interment of family member.
1. A veteran who is eligible for interment in a national cemetery pursuant to the provisions of 38 U.S.C. § 2402 is eligible for interment in a veterans’ cemetery in this State.
2. An eligible veteran, or a member of his or her immediate family, or a veterans’ organization recognized by the Executive Director may apply for a plot in a cemetery for veterans in this State by submitting a request to the cemetery superintendent on a form to be supplied by the 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 a plot or for the interment of a veteran.
3. One plot is allowed for the interment of each eligible veteran and for each member of his or her immediate family, except where the conditions of the soil or the number of the decedents of the family requires more than one plot.
4. The Executive Director shall charge a fee for the interment of a family member, but the fee may not exceed the actual cost of interment.
5. As used in this section, “immediate family” means the spouse, minor child or, when the Executive Director deems appropriate, the unmarried adult child of an eligible veteran.
(Added to NRS by 1987, 991; A 1995, 2526; 1997, 2589; 2003, 385)
NRS 417.220 Account for Veterans’ Affairs; Gift Account for Veterans’ Cemeteries.
1. The Account for Veterans’ Affairs is hereby created in the State General Fund.
2. Money received by the Executive Director or the Deputy Executive Director from:
(a) Fees charged pursuant to NRS 417.210;
(b) Allowances for burial from the Department of Veterans Affairs or other money provided by the Federal Government for the support of veterans’ cemeteries;
(c) Receipts from the sale of gifts and general merchandise;
(d) Grants obtained by the Executive Director or the Deputy 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 proceeds derived from the sale of gifts of personal property that he or she is authorized to accept, if the use of such gifts has not been restricted by the donor,
Ê must be deposited with the State Treasurer for credit to the Account for Veterans’ Affairs and must be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, whichever is appropriate.
3. The interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on money appropriated from the State General Fund to the Account for Veterans’ Affairs.
4. The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected. In addition to personnel he or she is authorized to employ pursuant to NRS 417.200, the Executive Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the Executive Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans’ cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.
5. Except as otherwise provided in subsection 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.
6. The Gift Account for Veterans’ Cemeteries is hereby created in the State General Fund. Gifts of money that the Executive Director or the Deputy Executive Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ cemetery must be accounted for separately in the Gift Account for Veterans’ Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans’ Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.
7. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he or she is authorized to accept and for which the donor has restricted to one or more uses at a veterans’ cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans’ cemetery in northern Nevada 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; 2011, 2193)
NRS 417.230 Advisory Committees for Veterans’ Cemeteries: Creation; members; terms; meetings; expenses; consultation.
1. There are hereby created the Advisory Committee for a Veterans’ Cemetery in Northern Nevada and the Advisory Committee for a Veterans’ Cemetery in Southern Nevada, each consisting of seven members as follows:
(a) One member of the Senate, appointed by the Majority Leader of the Senate.
(b) One member of the Assembly, appointed by the Speaker of the Assembly.
(c) Five members of veterans’ organizations in this State, appointed by the Governor.
2. The members of the Committees shall serve terms of 2 years.
3. Each Committee shall annually elect a Chair and a Vice Chair 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 a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session of the Legislature convenes.
6. While engaged in the work of the Committee, each member of each Committee is entitled to receive the per diem allowances and travel expenses provided for state officers and employees generally.
7. The Executive Director shall consult with each Committee regarding the establishment, maintenance and operation of the veterans’ cemetery for which the Committee was created.
(Added to NRS by 1987, 992; A 1995, 2527; 1997, 2591; 2005, 28; 2009, 1567)