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 244.401 is hereby amended to read as follows:

3-10 244.401 1. The board of county commissioners of any county may

3-11 create by ordinance the office of coordinator of services for veterans. If

3-12 such an office is created, the board shall appoint a qualified veteran to hold

3-13 the office and the board shall establish his compensation.

3-14 2. The coordinator of services for veterans shall:

3-15 (a) Assist a veteran or his spouse or dependent, if the person requesting

3-16 assistance is a resident of the county, in preparing, submitting and pursuing

3-17 any claim that the person has against the United States, or any state, to

3-18 establish his right to any privilege, preference, care or compensation to

3-19 which he believes that he is entitled;

3-20 (b) Aid, assist and cooperate with the executive director for [veteran

3-21 affairs] veterans’ services and the deputy executive director for [veteran

3-22 affairs] veterans’ services and with the Nevada veterans’ services

3-23 commission;

3-24 (c) Disseminate information relating to veterans’ benefits in cooperation

3-25 with the executive director for [veteran affairs] veterans’ services and the

3-26 deputy executive director for [veteran affairs;] veterans’ services; and

3-27 (d) Perform such other services related to assisting a veteran, his spouse

3-28 or his dependent as requested by the board of county commissioners.

3-29 3. Two or more counties jointly may create one office of coordinator of

3-30 services for veterans to serve those counties.

3-31 Sec. 6. NRS 244.406 is hereby amended to read as follows:

3-32 244.406 1. Except as otherwise provided in this section, the office of

3-33 coordinator of services for veterans must be supported from money in the

3-34 county general fund and from any gifts or grants received by the county for

3-35 the support of the office.

3-36 2. The board of county commissioners of a county that creates the

3-37 office of coordinator of services for veterans is authorized to accept funds

3-38 from the executive director for [veteran affairs] veterans’ services pursuant

3-39 to subsection 8 of NRS 417.090 for the support of the office.

3-40 3. The board of county commissioners of a county that creates the

3-41 office of coordinator of services for veterans may enter into an agreement

3-42 with the health division of the department of human resources for the

3-43 purpose of obtaining federal matching funds to contribute to the salaries

4-1 and expenses of the office of coordinator of services for veterans for its

4-2 activities which are reasonably related to the programs of the health

4-3 division of the department of human resources and which benefit or result

4-4 in cost avoidance for the health division.

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

4-6 office of coordinator of services for veterans shall, on or before February 1

4-7 of each odd-numbered year, submit a report to the director of the legislative

4-8 counsel bureau for distribution to each regular session of the legislature

4-9 describing the efficiency and effectiveness of the office. The report must

4-10 include, without limitation, the number, total value and average value of the

4-11 benefits received by the office on behalf of veterans, their spouses and their

4-12 dependents.

4-13 Sec. 7. This act becomes effective on July 1, 1999.

4-14 Sec. 8. The legislative counsel shall, in preparing the reprint and

4-15 supplements to the Nevada Revised Statutes, with respect to any section

4-16 that is not amended by this act or is further amended by another act,

4-17 appropriately change any reference to the:

4-18 1. "Executive director for veteran affairs" to "executive director for

4-19 veterans’ services"; and

4-20 2. "Deputy executive director for veteran affairs" to "deputy executive

4-21 director for veterans’ services."

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