Senate Bill No. 263–Senator Jacobsen
February 26, 1999
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Referred to Committee on Human Resources and Facilities
SUMMARY—Creates office of veterans’ services and changes name of certain other offices. (BDR 37-1046)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 417.010 is hereby amended to read as follows: 417.010 As used in this chapter:1-3
1. "Deputy executive director" means the deputy executive director for1-4
1-5
2. "Executive director" means the executive director for1-6
1-7
Sec. 2. NRS 417.020 is hereby amended to read as follows: 417.020 1. The office of veterans’ services is hereby created.1-9
2. The office consists of the offices of the executive director for1-10
1-11
1-12
veterans’ services.1-13
3. The executive director shall serve as the director of the office of1-14
veterans’ services and is responsible for the performance of the duties1-15
imposed upon the office, and for such other duties as may be prescribed1-16
by this chapter.1-17
4. The executive director may adopt such regulations as are1-18
necessary to carry out the provisions of this chapter.2-1
Sec. 3. NRS 160.040 is hereby amended to read as follows: 160.040 1. Except as otherwise provided in this section, it is2-3
unlawful for any person to accept appointment as guardian of any ward if2-4
2-5
wards. In any case, upon presentation of a petition by an attorney of the2-6
Department of Veterans Affairs2-7
that a guardian is acting in a fiduciary capacity for more than five wards2-8
and requesting his discharge for that reason, the court, upon proof2-9
substantiating the petition, shall require a final accounting from2-10
guardian and shall discharge2-11
2. The limitations of this section do not apply where the guardian is a2-12
bank or trust company acting for the wards’ estates only.2-13
3. An individual may be guardian of more than five wards if they are2-14
all members of the same family.2-15
4. The limitations of this section do not apply to the executive director2-16
for2-17
Sec. 4. NRS 160.090 is hereby amended to read as follows: 160.090 1. Before making an appointment under the provisions of2-19
this chapter the court shall establish to its satisfaction that the person whose2-20
appointment as guardian is sought is a fit and proper person to be2-21
appointed.2-22
2. Upon the appointment being made the guardian shall, except as2-23
otherwise provided in this section, execute and file a bond to be approved2-24
by the court in an amount not less than the value of the personal property of2-25
the estate plus the anticipated annual income. Thereafter the amount of2-26
2-27
estate plus the annual income. The bond2-28
conditioned as required of guardians appointed2-29
provisions of chapter 159 of NRS. The premiums on all such bonds2-30
must be paid from the estate.2-31
3. If a banking corporation as defined in NRS 657.016, or a trust2-32
company, as defined by NRS 669.070, doing business in this state is2-33
appointed guardian of the estate of a ward, no bond is required of2-34
the guardian unless the court by specific order requires a bond. If the2-35
executive director2-36
guardian, no bond is required.2-37
4. If the court orders that the estate and income, or a part thereof, be2-38
deposited in a banking corporation, as defined in NRS 657.016, or trust2-39
company, as defined by NRS 669.070, doing business in this state and that2-40
such estate and income, or any part thereof,2-41
without authorization of the court, then the amount of the guardian’s bond2-42
2-43
income on deposit3-1
3-2
in connection with3-3
5. Where a bond is tendered by a guardian with personal sureties,3-4
3-5
describes the property owned, both real and personal, and contains a3-6
statement that they are each worth the sum named in the bond as the penalty3-7
thereof over and above all their debts and liabilities and exclusive of3-8
property exempt from execution.3-9
Sec. 5. NRS 233B.039 is hereby amended to read as follows: 233B.039 1. The following agencies are entirely exempted from the3-11
requirements of this chapter:3-12
(a) The governor.3-13
(b) The department of prisons.3-14
(c) The University and Community College System of Nevada.3-15
(d) The office of the military.3-16
(e) The state gaming control board.3-17
(f) The Nevada gaming commission.3-18
(g) The welfare division of the department of human resources.3-19
(h) The state board of examiners acting pursuant to chapter 217 of NRS.3-20
(i) Except as otherwise provided in NRS 533.365, the office of the state3-21
engineer.3-22
(j) The office of veterans’ services.3-23
2. Except as otherwise provided in NRS 391.323, the department of3-24
education, the committee on benefits and the commission on professional3-25
standards in education are subject to the provisions of this chapter for the3-26
purpose of adopting regulations but not with respect to any contested case.3-27
3. The special provisions of:3-28
(a) Chapter 612 of NRS for the distribution of regulations by and the3-29
judicial review of decisions of the employment security division of the3-30
department of employment, training and rehabilitation;3-31
(b) Chapters 616A to 617, inclusive, of NRS for the determination of3-32
contested claims;3-33
(c) Chapter 703 of NRS for the judicial review of decisions of the public3-34
utilities commission of Nevada;3-35
(d) Chapter 91 of NRS for the judicial review of decisions of the3-36
administrator of the securities division of the office of the secretary of state;3-37
and3-38
(e) NRS 90.800 for the use of summary orders in contested cases,3-39
prevail over the general provisions of this chapter.3-40
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and3-41
233B.126 do not apply to the department of human resources in the3-42
adjudication of contested cases involving the issuance of letters of approval3-43
for health facilities and agencies.4-1
5. The provisions of this chapter do not apply to:4-2
(a) Any order for immediate action, including, but not limited to,4-3
quarantine and the treatment or cleansing of infected or infested animals,4-4
objects or premises, made under the authority of the state board of4-5
agriculture, the state board of health, the state board of sheep4-6
commissioners or any other agency of this state in the discharge of a4-7
responsibility for the preservation of human or animal health or for insect4-8
or pest control; or4-9
(b) An extraordinary regulation of the state board of pharmacy adopted4-10
pursuant to NRS 453.2184.4-11
6. The state board of parole commissioners is subject to the provisions4-12
of this chapter for the purpose of adopting regulations but not with respect4-13
to any contested case.4-14
Sec. 6. NRS 244.401 is hereby amended to read as follows: 244.401 1. The board of county commissioners of any county may4-16
create by ordinance the office of coordinator of services for veterans. If4-17
such an office is created, the board shall appoint a qualified veteran to hold4-18
the office and the board shall establish his compensation.4-19
2. The coordinator of services for veterans shall:4-20
(a) Assist a veteran or his spouse or dependent, if the person requesting4-21
assistance is a resident of the county, in preparing, submitting and pursuing4-22
any claim that the person has against the United States, or any state, to4-23
establish his right to any privilege, preference, care or compensation to4-24
which he believes that he is entitled;4-25
(b) Aid, assist and cooperate with the executive director for4-26
4-27
4-28
commission;4-29
(c) Disseminate information relating to veterans’ benefits in cooperation4-30
with the executive director for4-31
deputy executive director for4-32
(d) Perform such other services related to assisting a veteran, his spouse4-33
or his dependent as requested by the board of county commissioners.4-34
3. Two or more counties jointly may create one office of coordinator of4-35
services for veterans to serve those counties.4-36
Sec. 7. NRS 244.406 is hereby amended to read as follows: 244.406 1. Except as otherwise provided in this section, the office of4-38
coordinator of services for veterans must be supported from money in the4-39
county general fund and from any gifts or grants received by the county for4-40
the support of the office.4-41
2. The board of county commissioners of a county that creates the4-42
office of coordinator of services for veterans is authorized to accept funds5-1
from the executive director for5-2
to subsection 8 of NRS 417.090 for the support of the office.5-3
3. The board of county commissioners of a county that creates the5-4
office of coordinator of services for veterans may enter into an agreement5-5
with the health division of the department of human resources for the5-6
purpose of obtaining federal matching funds to contribute to the salaries5-7
and expenses of the office of coordinator of services for veterans for its5-8
activities which are reasonably related to the programs of the health5-9
division of the department of human resources and which benefit or result5-10
in cost avoidance for the health division.5-11
4. The board of county commissioners of a county that creates the5-12
office of coordinator of services for veterans shall, on or before February 15-13
of each odd-numbered year, submit a report to the director of the legislative5-14
counsel bureau for distribution to each regular session of the legislature5-15
describing the efficiency and effectiveness of the office. The report must5-16
include, without limitation, the number, total value and average value of the5-17
benefits received by the office on behalf of veterans, their spouses and their5-18
dependents.5-19
Sec. 8. This act becomes effective on July 1, 1999.5-20
Sec. 9. The legislative counsel shall, in preparing the reprint and5-21
supplements to the Nevada Revised Statutes, with respect to any section5-22
that is not amended by this act or is further amended by another act,5-23
appropriately change any reference to the:5-24
1. "Executive director for veteran affairs" to "executive director for5-25
veterans’ services"; and5-26
2. "Deputy executive director for veteran affairs" to "deputy executive5-27
director for veterans’ services."~