[Rev. 11/21/2013 11:31:22 AM--2013]

TITLE 37 - VETERANS’ AND OTHER PRIVILEGES AND BENEFITS RELATED TO MILITARY SERVICE

CHAPTER 417 - VETERANS’ SERVICES

GENERAL PROVISIONS FOR TITLE 37 OF NRS

NRS 417.005           “Veteran” defined.

GENERAL PROVISIONS FOR CHAPTER 417 OF NRS

NRS 417.009           Definitions.

NRS 417.010           “Administrator” defined.

NRS 417.012           “Department” defined.

NRS 417.013           “Deputy Director” defined.

NRS 417.014           “Director” defined.

NRS 417.018           Regulations.

INTERAGENCY COUNCIL ON VETERANS AFFAIRS

NRS 417.0191         Creation; members; alternates.

NRS 417.0193         Election of Chair and Vice Chair; meetings; compensation of members; quorum.

NRS 417.0195         Duties; report.

DEPARTMENT OF VETERANS SERVICES

NRS 417.020           Creation; powers.

NRS 417.030           Director and Deputy Director: Appointment; qualifications.

NRS 417.035           Director: Official bond.

NRS 417.040           Executive Director and Deputy Executive Director: Terms of office. [Repealed.]

NRS 417.050           Executive Director and Deputy Executive Director: Vacancies; removal from office; absence from office. [Repealed.]

NRS 417.060           Director and Deputy Director: Classification; other employment prohibited.

NRS 417.070           Location of offices.

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

NRS 417.090           Director and Deputy Director: Duties.

NRS 417.100           Director and Deputy Director: Administration of oaths; certification of document.

NRS 417.105           Review of report of preferences for local businesses owned by veterans with service-connected disabilities.

VETERANS HOMES

NRS 417.145           Veterans Home Account; Gift Accounts for Veterans Homes; Gift Account for Veterans; annual report of expenditures made from Gift Accounts 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; 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 FOR TITLE 37 OF NRS

      NRS 417.005  “Veteran” defined.  As used in this title, unless the context otherwise requires, “veteran” means a resident of this State who:

      1.  Was regularly enlisted, drafted, inducted or commissioned in the:

      (a) Armed Forces of the United States and was accepted for and assigned to active duty in the Armed Forces of the United States;

      (b) National Guard or a reserve component of the Armed Forces of the United States and was accepted for and assigned to duty for a minimum of 6 continuous years; or

      (c) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States and served in the capacity of a commissioned officer while on active duty in defense of the United States; and

      2.  Was separated from such service under conditions other than dishonorable.

      (Added to NRS by 2013, 749)

GENERAL PROVISIONS FOR CHAPTER 417 OF NRS

      NRS 417.009  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 417.010 to 417.014, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2013, 2497)

      NRS 417.010  “Administrator” defined.  “Administrator” means the administrator of a veterans’ home in this State.

      (NRS A 1963, 13; A 1997, 2583; 1999, 2477; 2003, 2812; 2013, 2498)

      NRS 417.012  “Department” defined.  “Department” means the Department of Veterans Services created by NRS 417.020.

      (Added to NRS by 2013, 2497)

      NRS 417.013  “Deputy Director” defined.  “Deputy Director” means the Deputy Director of the Department.

      (Added to NRS by 2013, 2497)

      NRS 417.014  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 2013, 2497)

      NRS 417.018  Regulations.  The Director may adopt such regulations as are necessary to carry out the provisions of this chapter.

      (Added to NRS by 2013, 2497)

 

INTERAGENCY COUNCIL ON VETERANS AFFAIRS

      NRS 417.0191  Creation; members; alternates.

      1.  The Interagency Council on Veterans Affairs is hereby created. The Council consists of:

      (a) The Director of the Department of Business and Industry;

      (b) The Director of the Department of Corrections;

      (c) The Director of the Department of Employment, Training and Rehabilitation;

      (d) The Director of the Department of Health and Human Services;

      (e) The Director of the Department of Public Safety;

      (f) The Director of the Department of Veterans Services;

      (g) The Adjutant General;

      (h) The Chancellor of the Nevada System of Higher Education;

      (i) The Executive Director of the Office of Economic Development;

      (j) The Executive Director of the Nevada Indian Commission; and

      (k) Any other persons appointed by the Governor, including, without limitation, representatives of federal and local governmental agencies and private entities that provide services to veterans. Members appointed pursuant to this paragraph serve at the pleasure of the Governor.

      2.  A member of the Council may designate a person to represent him or her at any meeting of the Council. The person designated may exercise all the duties, rights and privileges of the member that he or she represents.

      (Added to NRS by 2013, 2497)

      NRS 417.0193  Election of Chair and Vice Chair; meetings; compensation of members; quorum.

      1.  The members of the Council shall elect a Chair and a Vice Chair. The Vice Chair presides in the absence of the Chair.

      2.  The Council shall meet at least once each quarter but may meet more often at the call of the Chair or a majority of the members of the Council.

      3.  Members of the Council serve without compensation, except that each member of the Council is entitled, while engaged in the business of the Council, to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses provided to a member of the Council who is an officer or employee of the State of Nevada or a political subdivision of this State must be paid by the state agency or political subdivision which employs him or her.

      4.  Each member of the Council who is an officer or employee of the State of Nevada or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the member may prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Council to make up the time that he or she is absent from work to carry out his or her duties as a member of the Council or to use annual vacation or compensatory time for the absence.

      5.  A majority of the members of the Council constitutes a quorum, and a quorum may exercise all the powers conferred on the Council.

      (Added to NRS by 2013, 2497)

      NRS 417.0195  Duties; report.  The Interagency Council on Veterans Affairs shall:

      1.  Identify and prioritize the needs of veterans and servicemen and servicewomen and their families in this State.

      2.  Study the coordination of the efforts of the Federal Government, State Government, local governments and private entities to meet the needs of veterans and servicemen and servicewomen and their families in this State.

      3.  On or before February 15 of each year, submit a report concerning the activities of the Council during the preceding calendar year and any recommendations of the Council to the Governor and the Director of the Legislative Counsel Bureau for transmittal to:

      (a) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

      (b) If the Legislature is not in session, the Legislative Commission.

      (Added to NRS by 2013, 2498)

DEPARTMENT OF VETERANS SERVICES

      NRS 417.020  Creation; powers.

      1.  The Department of Veterans Services is hereby created.

      2.  The Department is vested with the powers and authority provided in this chapter and shall carry out the purposes of this chapter.

      [1:189:1943; A 1947, 779; 1943 NCL § 6879]—(NRS A 1963, 13; 1993, 1615; 1997, 2583; 1999, 2477; 2013, 2498)

      NRS 417.030  Director and Deputy Director: Appointment; qualifications.

      1.  The office of Director of the Department of Veterans Services is hereby created.

      2.  The Director must be appointed by and serves at the pleasure of the Governor.

      3.  The Director shall appoint one Deputy Director of the Department, who shall assist the Director in performing the duties prescribed in this chapter.

      4.  Any person to be eligible for appointment as the Director or the Deputy 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; 2013, 2499)

      NRS 417.035  Director: Official bond.  The 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; 2013, 2499)

      NRS 417.040  Executive Director and Deputy Executive Director: Terms of office.  Repealed. (See chapter 433, Statutes of Nevada 2013, at page 2521.)

 

ATTORNEY GENERAL’S OPINIONS.

      Office of Commissioner becomes vacant on date of expiration of term of office. The office of Veterans’ Service Commissioner (now the Director of the Department of Veterans Services) becomes vacant as a matter of law on the date specified for the expiration of the term of office. AGO 8 (1-18-1951)

      Commissioner who holds over after expiration of term is de facto officer entitled to compensation for services rendered in good faith. If the Veterans’ Service Commissioner (now the Director of the Department of Veterans Services) holds over after the expiration of his term, he becomes a de facto officer and is entitled to compensation for services rendered in good faith. AGO 8 (1-18-1951)

 

      NRS 417.050  Executive Director and Deputy Executive Director: Vacancies; removal from office; absence from office.  Repealed. (See chapter 433, Statutes of Nevada 2013, at page 2521.)

 

      NRS 417.060  Director and Deputy Director: Classification; other employment prohibited.  The Director and the Deputy 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; 2013, 2499)

      NRS 417.070  Location of offices.

      1.  The office of the 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 Director must be maintained at Las Vegas, Nevada.

      [6:189:1943; A 1947, 779; 1943 NCL § 6879.05]—(NRS A 1995, 1090, 2525; 1997, 2584; 1999, 577; 2013, 2499)

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

      1.  The 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; 2013, 2499)

      NRS 417.090  Director and Deputy Director: Duties.  The Director and the Deputy 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 Director.

      9.  Take possession of any abandoned or unclaimed artifacts or other property that has military value for safekeeping. The Director or Deputy 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; 2013, 2500)

      NRS 417.100  Director and Deputy Director: Administration of oaths; certification of document.  The Director and the Deputy 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; 2013, 2500)

      NRS 417.105  Review of report of preferences for local businesses owned by veterans with service-connected disabilities.

      1.  Each year on or before October 1, the Department shall review the reports submitted pursuant to NRS 333.3368 and 338.13846.

      2.  In carrying out the provisions of subsection 1, the Department 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 Department 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; A 2011, 3471; 2013, 2501)

VETERANS HOMES

      NRS 417.145  Veterans Home Account; Gift Accounts for Veterans Homes; Gift Account for Veterans; annual report of expenditures made from Gift Accounts 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 subsections 7 and 8, 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,

Ę 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 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 subsections 7 and 8, 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 Director as other claims against the State are paid.

      7.  The Gift Account for the Veterans Home in Southern Nevada 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 the veterans’ home in southern Nevada 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 this veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for the Veterans Home in Southern Nevada. The interest and income earned on the money in the Gift Account for the Veterans Home in Southern Nevada, after deducting any applicable charges, must be credited to the Gift Account for the Veterans Home in Southern Nevada. Any money remaining in the Gift Account for the Veterans Home in Southern Nevada 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 the Veterans Home in Northern Nevada 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 the veterans’ home in northern Nevada 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 this veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for the Veterans Home in Northern Nevada. The interest and income earned on the money in the Gift Account for the Veterans Home in Northern Nevada, after deducting any applicable charges, must be credited to the Gift Account for the Veterans Home in Northern Nevada. Any money remaining in the Gift Account for the Veterans Home in Northern Nevada 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 Gift Account for Veterans is hereby created in the State General Fund. The 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 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 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.

      10.  The 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 the Veterans Home in Southern Nevada, the Gift Account for the Veterans Home in Northern Nevada 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; 2013, 2501)

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

      1.  The 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 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 Director, but is not bound to follow the recommendations of the 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 Division of Public and Behavioral Health 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; 2013, 2503)

      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 Director may transfer such amounts of money from the Veterans Home Account to a revolving account as the Director determines necessary provided that the balance in the revolving account does not exceed $2,000.

      (Added to NRS by 2003, 390; A 2013, 2503)

      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 Director.

      (Added to NRS by 1975, 1461; A 1977, 1216; 1983, 741; 1995, 432; 1997, 2588; 2005, 27; 2013, 2504)

      NRS 417.160  Chair; Vice Chair; 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 Director shall provide for the preparation and maintenance of written minutes for and audio recordings or transcripts of each meeting of the Commission.

      3.  Members of the Commission are entitled to receive:

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

      (b) A subsistence allowance of not more than $56 per day, as fixed by the 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; 2013, 2504)

      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 Director and Deputy Director.

      2.  Make recommendations to the Governor, the Legislature, the Director and the Deputy Director regarding aid or benefits to veterans.

      (Added to NRS by 1975, 1462; A 1977, 1217; 1997, 2589; 2013, 2504)

VETERANS CEMETERIES

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

      1.  The 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 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; 2013, 2505)

      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 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 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 Director deems appropriate, the unmarried adult child of an eligible veteran.

      (Added to NRS by 1987, 991; A 1995, 2526; 1997, 2589; 2003, 385; 2013, 2505)

      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 Director or the Deputy Director from:

      (a) Fees charged pursuant to NRS 417.210;

      (b) Allowances for burial from the United States 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 Director or the Deputy 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,

Ę 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 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 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 Director or the Deputy 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 Director or the Deputy 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 Director or the Deputy 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; 2013, 2505)

      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 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; 2013, 2506)