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 [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; creating an office of veterans’ services; changing the name and transferring the offices of the executive and deputy executive directors for veteran affairs from the office of the military to the office of veterans’ services; 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 417.010 is hereby amended to read as follows:

1-2 417.010 As used in this chapter:

1-3 1. "Deputy executive director" means the deputy executive director for

1-4 [veteran affairs.] veterans’ services.

1-5 2. "Executive director" means the executive director for [veteran

1-6 affairs.] veterans’ services.

1-7 Sec. 2. NRS 417.020 is hereby amended to read as follows:

1-8 417.020 1. The office of veterans’ services is hereby created.

1-9 2. The office consists of the offices of the executive director for

1-10 [veteran affairs] veterans’ services and the deputy executive director for

1-11 [veteran affairs are hereby created within the office of the military.]

1-12 veterans’ services.

1-13 3. The executive director shall serve as the director of the office of

1-14 veterans’ services and is responsible for the performance of the duties

1-15 imposed upon the office, and for such other duties as may be prescribed

1-16 by this chapter.

1-17 4. The executive director may adopt such regulations as are

1-18 necessary to carry out the provisions of this chapter.

2-1 Sec. 3. NRS 160.040 is hereby amended to read as follows:

2-2 160.040 1. Except as otherwise provided in this section, it is

2-3 unlawful for any person to accept appointment as guardian of any ward if

2-4 [such] the proposed guardian is at that time acting as guardian for five

2-5 wards. In any case, upon presentation of a petition by an attorney of the

2-6 Department of Veterans Affairs [under] pursuant to this section alleging

2-7 that a guardian is acting in a fiduciary capacity for more than five wards

2-8 and requesting his discharge for that reason, the court, upon proof

2-9 substantiating the petition, shall require a final accounting from [such] the

2-10 guardian and shall discharge [such guardian] him in the case.

2-11 2. The limitations of this section do not apply where the guardian is a

2-12 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 are

2-14 all members of the same family.

2-15 4. The limitations of this section do not apply to the executive director

2-16 for [veteran affairs] veterans’ services or to a public guardian.

2-17 Sec. 4. NRS 160.090 is hereby amended to read as follows:

2-18 160.090 1. Before making an appointment under the provisions of

2-19 this chapter the court shall establish to its satisfaction that the person whose

2-20 appointment as guardian is sought is a fit and proper person to be

2-21 appointed.

2-22 2. Upon the appointment being made the guardian shall, except as

2-23 otherwise provided in this section, execute and file a bond to be approved

2-24 by the court in an amount not less than the value of the personal property of

2-25 the estate plus the anticipated annual income. Thereafter the amount of

2-26 [such bond shall] the bond must be equal to the total value of the personal

2-27 estate plus the annual income. The bond [shall] must be in the form and be

2-28 conditioned as required of guardians appointed [under] pursuant to the

2-29 provisions of chapter 159 of NRS. The premiums on all such bonds [shall]

2-30 must be paid from the estate.

2-31 3. If a banking corporation as defined in NRS 657.016, or a trust

2-32 company, as defined by NRS 669.070, doing business in this state is

2-33 appointed guardian of the estate of a ward, no bond is required of [such]

2-34 the guardian unless the court by specific order requires a bond. If the

2-35 executive director [for veteran affairs] veterans’ services is appointed

2-36 guardian, no bond is required.

2-37 4. If the court orders that the estate and income, or a part thereof, be

2-38 deposited in a banking corporation, as defined in NRS 657.016, or trust

2-39 company, as defined by NRS 669.070, doing business in this state and that

2-40 such estate and income, or any part thereof, [shall] must not be withdrawn

2-41 without authorization of the court, then the amount of the guardian’s bond

2-42 [shall] must be reduced in an amount equal to the amount of the estate and

2-43 income on deposit [with such] the banking corporation, and the surety on

3-1 [such bonds shall] the bonds must be exonerated from any loss to the estate

3-2 in connection with [such] the deposit.

3-3 5. Where a bond is tendered by a guardian with personal sureties,

3-4 [such] the sureties shall file with the court a certificate under oath which

3-5 describes the property owned, both real and personal, and contains a

3-6 statement that they are each worth the sum named in the bond as the penalty

3-7 thereof over and above all their debts and liabilities and exclusive of

3-8 property exempt from execution.

3-9 Sec. 5. NRS 233B.039 is hereby amended to read as follows:

3-10 233B.039 1. The following agencies are entirely exempted from the

3-11 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 state

3-21 engineer.

3-22 (j) The office of veterans’ services.

3-23 2. Except as otherwise provided in NRS 391.323, the department of

3-24 education, the committee on benefits and the commission on professional

3-25 standards in education are subject to the provisions of this chapter for the

3-26 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 the

3-29 judicial review of decisions of the employment security division of the

3-30 department of employment, training and rehabilitation;

3-31 (b) Chapters 616A to 617, inclusive, of NRS for the determination of

3-32 contested claims;

3-33 (c) Chapter 703 of NRS for the judicial review of decisions of the public

3-34 utilities commission of Nevada;

3-35 (d) Chapter 91 of NRS for the judicial review of decisions of the

3-36 administrator of the securities division of the office of the secretary of state;

3-37 and

3-38 (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 and

3-41 233B.126 do not apply to the department of human resources in the

3-42 adjudication of contested cases involving the issuance of letters of approval

3-43 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 of

4-5 agriculture, the state board of health, the state board of sheep

4-6 commissioners or any other agency of this state in the discharge of a

4-7 responsibility for the preservation of human or animal health or for insect

4-8 or pest control; or

4-9 (b) An extraordinary regulation of the state board of pharmacy adopted

4-10 pursuant to NRS 453.2184.

4-11 6. The state board of parole commissioners is subject to the provisions

4-12 of this chapter for the purpose of adopting regulations but not with respect

4-13 to any contested case.

4-14 Sec. 6. NRS 244.401 is hereby amended to read as follows:

4-15 244.401 1. The board of county commissioners of any county may

4-16 create by ordinance the office of coordinator of services for veterans. If

4-17 such an office is created, the board shall appoint a qualified veteran to hold

4-18 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 requesting

4-21 assistance is a resident of the county, in preparing, submitting and pursuing

4-22 any claim that the person has against the United States, or any state, to

4-23 establish his right to any privilege, preference, care or compensation to

4-24 which he believes that he is entitled;

4-25 (b) Aid, assist and cooperate with the executive director for [veteran

4-26 affairs] veterans’ services and the deputy executive director for [veteran

4-27 affairs] veterans’ services and with the Nevada veterans’ services

4-28 commission;

4-29 (c) Disseminate information relating to veterans’ benefits in cooperation

4-30 with the executive director for [veteran affairs] veterans’ services and the

4-31 deputy executive director for [veteran affairs;] veterans’ services; and

4-32 (d) Perform such other services related to assisting a veteran, his spouse

4-33 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 of

4-35 services for veterans to serve those counties.

4-36 Sec. 7. NRS 244.406 is hereby amended to read as follows:

4-37 244.406 1. Except as otherwise provided in this section, the office of

4-38 coordinator of services for veterans must be supported from money in the

4-39 county general fund and from any gifts or grants received by the county for

4-40 the support of the office.

4-41 2. The board of county commissioners of a county that creates the

4-42 office of coordinator of services for veterans is authorized to accept funds

5-1 from the executive director for [veteran affairs] veterans’ services pursuant

5-2 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 the

5-4 office of coordinator of services for veterans may enter into an agreement

5-5 with the health division of the department of human resources for the

5-6 purpose of obtaining federal matching funds to contribute to the salaries

5-7 and expenses of the office of coordinator of services for veterans for its

5-8 activities which are reasonably related to the programs of the health

5-9 division of the department of human resources and which benefit or result

5-10 in cost avoidance for the health division.

5-11 4. The board of county commissioners of a county that creates the

5-12 office of coordinator of services for veterans shall, on or before February 1

5-13 of each odd-numbered year, submit a report to the director of the legislative

5-14 counsel bureau for distribution to each regular session of the legislature

5-15 describing the efficiency and effectiveness of the office. The report must

5-16 include, without limitation, the number, total value and average value of the

5-17 benefits received by the office on behalf of veterans, their spouses and their

5-18 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 and

5-21 supplements to the Nevada Revised Statutes, with respect to any section

5-22 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 for

5-25 veterans’ services"; and

5-26 2. "Deputy executive director for veteran affairs" to "deputy executive

5-27 director for veterans’ services."

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