Assembly Bill No. 94–Committee on Government Affairs

(On Behalf of Office of the Military)

February 4, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to veterans’ affairs. (BDR 37-455)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to veterans’ affairs; revising certain provisions relating to the account for a veterans’ cemetery in northern Nevada, the account for a veterans’ cemetery in southern Nevada and the veterans’ home account; creating an account for veterans’ affairs, a gift account for veterans’ cemeteries and a gift account for veterans’ homes; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 417.145 is hereby amended to read as follows:

1-2 417.145 1. The veterans’ home account is hereby established in the

1-3 state general fund.

1-4 2. Money received by the executive director or the deputy executive

1-5 director from:

1-6 (a) Payments by the Department of Veterans Affairs for veterans who

1-7 receive care in a veterans’ home;

1-8 (b) Other payments for medical care and services;

1-9 (c) Appropriations made by the legislature for veterans’ homes; and

1-10 (d) Except as otherwise provided in subsection 7, gifts of money and

1-11 proceeds derived from the sale of gifts of personal property he is

1-12 authorized to accept for the use of veterans’ homes, if the use of such

1-13 gifts has not been restricted by the donor,

1-14 must be deposited with the state treasurer for credit to the veterans’ home

1-15 account.

2-1 3. Interest and income must not be computed on the money in the

2-2 veterans’ home account.

2-3 4. The veterans’ home account must be administered by the executive

2-4 director, with the advice of the deputy executive director and the Nevada

2-5 veterans’ services commission, and the money deposited in the veterans’

2-6 home account may only be expended for:

2-7 (a) The operation of veterans’ homes;

2-8 (b) A program or service related to a veterans’ home;

2-9 [(b)] (c) The solicitation of other sources of money to fund a veterans’

2-10 home; and

2-11 [(c)] (d) The purpose of informing the public about issues concerning

2-12 the establishment and uses of a veterans’ home.

2-13 [3.] 5. Except as otherwise provided in subsection 7, gifts of personal

2-14 property which the executive director or the deputy executive director is

2-15 authorized to receive for the use of veterans’ homes:

2-16 (a) May be sold or exchanged if the sale or exchange is approved by

2-17 the state board of examiners; or

2-18 (b) May be used in kind if the gifts are not appropriate for conversion

2-19 to money.

2-20 6. All money in the veterans’ home account must be paid out on

2-21 claims approved by the executive director as other claims against the

2-22 state are paid.

2-23 7. The gift account for veterans’ homes is hereby established in the

2-24 state general fund. The executive director [may accept any gift, grant or

2-25 contribution made for the use of the account. Any such gift, grant or

2-26 contribution of:

2-27 (a) Money] or the deputy executive director shall use gifts of money or

2-28 personal property that he is authorized to accept and which the donor has

2-29 restricted to one or more uses at a veterans’ home, only in the manner

2-30 designated by the donor. Gifts of money that the executive director or

2-31 deputy executive director is authorized to accept and which the donor has

2-32 restricted to one or more uses at a veterans’ home must be deposited with

2-33 the state treasurer for credit to the [account.

2-34 (b) Property other than money may be sold or exchanged if the sale or

2-35 exchange is approved by the state board of examiners. Money received

2-36 from the sale or exchange of property pursuant to this paragraph must be

2-37 deposited with the state treasurer for credit to the account.

2-38 4.] gift account for veterans’ homes. The interest and income earned on

2-39 the money in the gift account [,] for veterans’ homes, after deducting any

2-40 applicable charges, must be credited to the gift account [.] for veterans’

2-41 homes. Any money remaining in the gift account for veterans’ homes at

2-42 the end of each fiscal year does not lapse to the state general fund, but must

2-43 be carried forward into the next fiscal year.

3-1 [5. All money in the account must be paid out on claims approved by

3-2 the executive director as other claims against the state are paid.]

3-3 Sec. 2. NRS 417.147 is hereby amended to read as follows:

3-4 417.147 1. The executive director shall:

3-5 (a) Take such actions as are necessary for the maintenance and

3-6 operation of [a veterans’ home] veterans’ homes in this state; and

3-7 (b) Apply for federal grants and other sources of money available for

3-8 establishing [a veterans’ home.] veterans’ homes. Federal grants and other

3-9 money received pursuant to this paragraph must be deposited with the state

3-10 treasurer for credit to the veterans’ home account. A federal grant must be

3-11 used only as permitted by the terms of the grant.

3-12 2. The first veterans’ home that is established in this state must be

3-13 established at a location in southern Nevada determined to be appropriate

3-14 by the interim finance committee. The interim finance committee shall give

3-15 preference to a site that is zoned appropriately for the establishment of a

3-16 veterans’ home, that affords minimum costs of maintenance and that is

3-17 located in an area where the members of the families of the veterans can

3-18 easily visit the veterans’ home. The site for the construction of the veterans’

3-19 home in southern Nevada must be:

3-20 (a) Located in reasonable proximity to:

3-21 (1) A public transportation system;

3-22 (2) Shopping centers; and

3-23 (3) A major hospital that has a center for the treatment of trauma

3-24 which is designated as a level II center by the administrator of the health

3-25 division of the department of human resources.

3-26 (b) Not less than 5 acres in area.

3-27 3. If an additional veterans’ home is authorized, it must be established

3-28 in northern Nevada.

3-29 Sec. 3. NRS 417.220 is hereby amended to read as follows:

3-30 417.220 1. The account for veterans’ affairs is hereby created in

3-31 the state general fund.

3-32 2. Money received by the executive director or the deputy executive

3-33 director from:

3-34 (a) Fees charged pursuant to NRS 417.210;

3-35 (b) Allowances for burial from the Department of Veterans Affairs [or

3-36 the Social Security Administration;

3-37 (c) Appropriations made by the legislature for veterans’ cemeteries;] ;

3-38 (c) Receipts from the sale of gifts and general merchandise; and

3-39 (d) Except as otherwise provided in subsection [5,] 6 and NRS 417.145

3-40 and 417.147, gifts of money [or] and proceeds derived from the sale of

3-41 gifts of personal property he is authorized to accept, if the use of such gifts

3-42 has not been restricted by the donor,

4-1 must be deposited with the state treasurer for credit to the account for

4-2 veterans’ affairs and must be accounted for separately for a veterans’

4-3 cemetery in northern Nevada or [the account for] a veterans’ cemetery in

4-4 southern Nevada, whichever is appropriate . [, in the state general fund.

4-5 2.] 3. The interest and income earned on the money [in the accounts,]

4-6 deposited pursuant to subsection 2, after deducting any applicable charges,

4-7 must be [credited to the accounts.

4-8 3.] accounted for separately. Interest and income must not be

4-9 computed on:

4-10 (a) Money appropriated from the state general fund to the account for

4-11 veterans’ affairs.

4-12 (b) Fees charged pursuant to NRS 417.110 that are deposited in the

4-13 account for veterans’ affairs.

4-14 4. Except as otherwise provided in subsection [5,] 6, the money [in

4-15 each account] deposited pursuant to subsection 2 may only be used for the

4-16 operation and maintenance of the cemetery for which the [account was

4-17 created.

4-18 4.] money was collected.

4-19 5. Except as otherwise provided in subsection [5,] 6, gifts of personal

4-20 property which the executive director or the deputy executive director is

4-21 authorized to receive but which are not appropriate for conversion to

4-22 money may be used in kind.

4-23 [5.] 6. The gift account for veterans’ cemeteries is hereby created in

4-24 the state general fund. The executive director or the deputy executive

4-25 director shall use gifts of money or personal property that he is authorized

4-26 to accept and for which the donor has restricted to one or more uses at a

4-27 veterans’ cemetery, only in the manner designated by the donor. Gifts of

4-28 money that the executive director or the deputy executive director is

4-29 authorized to accept and for which the donor has restricted to one or more

4-30 uses at a veterans’ cemetery must be accounted for separately in the [state

4-31 general fund.

4-32 6.] gift account for veterans’ cemeteries. The interest and income

4-33 earned on the money deposited pursuant to this subsection must, after

4-34 deducting any applicable charges, be accounted for separately for a

4-35 veterans’ cemetery in northern Nevada or a veterans’ cemetery in

4-36 southern Nevada, as applicable. Any money remaining in the [accounts]

4-37 gift account for veterans’ cemeteries at the end of each fiscal year does not

4-38 revert to the state general fund, but must be carried over into the next fiscal

4-39 year.

4-40 Sec. 4. NRS 482.3763 is hereby amended to read as follows:

4-41 482.3763 1. The director shall order the preparation of special

4-42 license plates in support of [a veterans’ home,] veterans’ homes, and

4-43 establish procedures for the application for and issuance of the plates.

5-1 2. The department shall, upon application therefor and payment of the

5-2 prescribed fees, issue special license plates in support of [a veterans’ home]

5-3 veterans’ homes to any veteran of the Armed Forces of the United States or

5-4 his spouse, parent or child. The plates must be inscribed with the word

5-5 VETERAN and four consecutive numbers, and with the seal of the branch

5-6 of the Armed Forces of the United States requested by the applicant.

5-7 3. If during a registration year, the holder of special plates issued

5-8 pursuant to this section disposes of the vehicle to which the plates are

5-9 affixed, he shall retain the plates and:

5-10 (a) Affix them to another vehicle which meets the requirements of this

5-11 section and report the change to the department in accordance with the

5-12 procedure set forth for other transfers; or

5-13 (b) Within 30 days after removing the plates from the vehicle, return

5-14 them to the department.

5-15 4. In addition to all other applicable registration and license fees and

5-16 motor vehicle privilege taxes, and to the special fee for [a veterans’ home,]

5-17 veterans’ homes, the fee for:

5-18 (a) The initial issuance of the special license plates is $35.

5-19 (b) The annual renewal sticker is $10.

5-20 5. If the special plates issued pursuant to this section are lost, stolen or

5-21 mutilated, the owner of the vehicle may secure a set of replacement license

5-22 plates from the department for a fee of $10.

5-23 Sec. 5. NRS 482.3764 is hereby amended to read as follows:

5-24 482.3764 1. Before the department issues to any person, pursuant to

5-25 NRS 482.3763:

5-26 (a) An initial set of special license plates, it shall collect a special fee for

5-27 [a veterans’ home] veterans’ homes in the amount of $25.

5-28 (b) An annual renewal sticker, it shall collect a special fee for [a

5-29 veterans’ home] veterans’ homes in the amount of $20.

5-30 2. The department shall deposit any money collected pursuant to this

5-31 section with the state treasurer for credit to the veterans’ home account.

5-32 Sec. 6. NRS 482.3794 is hereby amended to read as follows:

5-33 482.3794 1. Except as otherwise provided in this subsection, the

5-34 director shall order the preparation of special license plates for the support

5-35 of veterans’ cemeteries in this state and establish the procedure for the

5-36 application for and issuance of the plates. The director shall not order the

5-37 preparation of the special license plates unless he receives at least 250

5-38 applications for the issuance of those plates.

5-39 2. The department shall, upon application therefor and payment of the

5-40 prescribed fees, issue special license plates for the support of the veterans’

5-41 cemeteries in this state to any person who is a retired member of the Armed

5-42 Forces of the United States. The plates must be inscribed with the words

5-43 ARMED FORCES RETIRED and four consecutive numbers, and except as

6-1 otherwise provided in subsections 3 and 4, with the seal of the branch of

6-2 the Armed Forces of the United States requested by the applicant.

6-3 3. Except as otherwise provided in subsection 4, the department shall,

6-4 upon the request of an applicant, substitute for the seal of the branch of the

6-5 Armed Forces of the United States the emblem or other insigne of the

6-6 specific military unit to which the applicant was assigned if:

6-7 (a) The military unit is a recognized unit within the particular branch of

6-8 the Armed Forces of the United States; and

6-9 (b) At least 250 applicants request the substitution of that emblem or

6-10 insigne.

6-11 4. The director may use or imitate a seal, emblem or other insigne of a

6-12 branch, or unit within that branch, of the Armed Forces of the United States

6-13 only if that use or imitation complies with the provisions of 10 U.S.C. §

6-14 1057, as that section existed on October 1, 1995.

6-15 5. In addition to all other applicable registration and license fees and

6-16 privilege taxes, the fee for the initial issuance of the special license plates is

6-17 $35. The annual renewal fee is $10.

6-18 6. In addition to all other applicable registration and license fees and

6-19 privilege taxes, a person who requests special license plates issued pursuant

6-20 to this section shall pay:

6-21 (a) A fee of $25 for the initial issuance of the plates; and

6-22 (b) A fee of $20 for the annual renewal of the plates,

6-23 for the support of veterans’ cemeteries in this state.

6-24 7. The department shall deposit the fees collected pursuant to

6-25 subsection 6 with the state treasurer for credit to the account for veterans’

6-26 affairs in the state general fund and accounted for separately for a:

6-27 (a) [The account for a veterans’] Veterans’ cemetery in northern Nevada

6-28 [created] pursuant to NRS 417.220, if the plates were issued for a vehicle

6-29 registered in the counties of Washoe, Storey, Douglas, Lyon, Churchill,

6-30 Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine or Carson

6-31 City; or

6-32 (b) [The account for a veterans’] Veterans’ cemetery in southern

6-33 Nevada [created] pursuant to NRS 417.220, if the plates were issued for a

6-34 vehicle registered in the counties of Lincoln, Nye, Esmeralda or Clark.

6-35 8. If during a registration year, the holder of special plates issued

6-36 pursuant to this section disposes of the vehicle to which the plates are

6-37 affixed, he shall retain the plates and:

6-38 (a) Affix them to another vehicle which meets the requirements of this

6-39 section and report the change to the department in accordance with the

6-40 procedure set forth for other transfers; or

6-41 (b) Within 30 days after removing the plates from the vehicle, return

6-42 them to the department.

7-1 9. If the special plates issued pursuant to this section are lost, stolen or

7-2 mutilated, the owner of the vehicle may obtain a set of replacement license

7-3 plates from the department for a fee of $10.

7-4 Sec. 7. This act becomes effective upon passage and approval.

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