Nevada 2017 Regular Session Status: Enacted

AB 22 — Revises certain provisions relating to veterans. (BDR 37-123)

Last action — Approved by the Governor. Chapter 89.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 16, 2016. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

315 added · 352 removed

315 line(s) added, 352 removed.

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(Reprinted with amendments adopted on April 11, 2017) FIRST REPRINT A.B.
Assembly Bill No.
22 ASSEMBLY B ILLN O.
22–Committee on Government Affairs CHAPTER..........
22–COMMITTEE ON GOVERNMENT AFFAIRS (ON B EHALF OF THE D EPARTMENT OF VETERANS SERVICES ) PREFILED N OVEMBER 16, 2016 ____________ Referred to Committee on Government Affairs SUMMARY—Revises certain provisions relating to veterans.
(BDR 37-123) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiExisting law requires the Director of the Department of Veterans Services to appoint one Deputy Director of the Department, who must be a resident of Nevada, possess an honorable discharge from some branch of the military or naval service and have at least 4 years of management or administration experience.
Existing law requires the Director of the Department of Veterans Services to appoint one Deputy Director of the Department, who must be a resident of Nevada, and have at least 4 years of management or administration experience.
(NRS 417.030) Section 2 of this bill:
(NRService 417.030) Section 2 of this bill:
(1) authorizes the Director to appoint additional deputy directors as needed to assist the Director in performing his or her duties, including a Deputy Director for Programs and Services and a Deputy Director for for Programs and Services and the Deputy Director for Health and Wellness.irector Sections 1, 3 and 5 of this bill make conforming changes to account for the appointment of additional deputy directors.
(1) authorizes the Director to appoint additional deputy directors as needed to assist the Director in performing his or her duties, including a Deputy Director for Programs and Services and a Deputy Director for Health and Wellness;
Sections 4, 6, 7 and 11 of this bill eliminate references in existing law to certain powers and duties of the Deputy Director, thereby leaving the Director with the discretion to assign those powers and duties to a deputy director.
and (2) prescribes the qualifications of the Deputy Director Sections 1, 3 and 5 of this bill make conforming changes to account for the appointment of additional deputy directors.
Sections 4, 6, 7 and 11 of this bill eliminate references in existing law to certain powers and duties of the Deputy - *AB22_R1* – 2 – Director, thereby leaving the Director with the discretion to assign those powers and duties to a deputy director.
In 2011, the Legislature eliminated the provision of guardianship services by Veterans Services.
In 2011, the Legislature eliminated the provision of guardianship services by the Office of Veterans Services, which is now known as the Department of Veterans Services.
2194) Sections 9, 10 and 12 of this bill remove provisions inadvertently remaining in existing law related to the previous role of the Director as guardian of the estates of certain veterans and their dependents.
2194) existing law related to the previous role of the Director as guardian of the estates of certain veterans and their dependents.
Section 12 of this bill removes the requirement in existing law that the office of maintained in the same city as the state regional office of the United States be Department of Veterans Affairs.
Section 12 of this bill removes the requirement in existing law that the office of the Deputy Director be maintained in Las Vegas and the office of the Director be maintained in the same city as the state regional office of the United States Department of Veterans Affairs.
(NRS 417.070) THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 417.070) - 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- *AB22_R1* – 3 – (b) Possess an honorable discharge from some branch of the military and naval service of the United States;
(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 health care management or administration.
and (c) Have at least 4 years of experience in health care ¬ If no person is available for appointment who possesses all the qualifications required by this subsection, the Director may waive the qualification set forth in paragraph (b) for a person who is otherwise qualified for appointment pursuant to paragraphs (a) and (c).
¬ If no person is available for appointment who possesses all the qualifications required by this subsection, the Director may waive the qualification set forth in paragraph (b) for a person who is otherwise qualified for appointment pursuant to paragraphs (a) and (c).
Except as otherwise provided in NRS 284.143, the Director and each deputy director 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.
Except as otherwise provided in NRS 284.143, the Director and each deputy - 79th Session (2017) – 3 – director 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.
417.090 The Director [and the Deputy Director] shall:
1.7.0Assist 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.
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.
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.
Conduct any studies which will assist veterans to obtain compensation, vocational training, education, rehabilitation or anylity other benefit to which veterans may be entitled under the laws of the United States or of any state.
- *AB22_R1* – 4 – 7.
7.
10.
- 79th Session (2017) – 4 – 10.
11.
and private entities that provide services and resources to veterans, service members and their families and publish a digital copy of the registry on the Internet website maintained by the Department.
Create and maintain a registry of governmental agencies and private entities that provide services and resources to veterans, service members and their families and publish a digital copy of the registry on the Internet website maintained by the Department.
(b) Make recommendations to the Governor, the Legislature [,] and the Director [and the Deputy Director] regarding issues relating to veterans.
(b) Make recommendations to the Governor, the Legislature [,] to veterans.ctor [and the Deputy Director] regarding issues relating 3.
3.
- *AB22_R1* – 5 – 2.
2.
(d) Grants obtained by the Director [or the Deputy Director] for the support of veterans’ cemeteries;
- 79th Session (2017) – 5 – (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 417.115, 417.145, 417.147 and 417.410, 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, ¬ 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.
and (e) Except as otherwise provided in subsection 6 and NRS 417.115, 417.145, 417.147 and 417.410, gifts of money and or she is authorized to accept, if the use of such gifts has not been restricted by the donor, ¬ 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.
5.
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.
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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.
The interest and income earned on the money deposited - *AB22_R1* – 6 – 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.
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.
Any money remaining in the Gift Account for Veterans - 79th Session (2017) – 6 – 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.
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.
The Director [or the Deputy Director] shall use gifts of money or personal property that he or she is authorized to accept 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.
The money deposited in the Account pursuant to subsection 2 must only be used to pay for the design, procurement and installation of markers, plaques, statues or signs bearing the names of deceased members of the Armed Forces of the United States pursuant to the provisions of NRS 331.125, 407.066 and 408.119.
The money deposited in the Account pursuant to subsection must only be used to pay for the design, procurement and installation of markers, plaques, statues or signs bearing the names of deceased members of the Armed Forces of the United States pursuant to the provisions of NRS 331.125, 407.066 and 408.119.
Sec.
160.040 N1.
9.
NRS 160.040 is hereby amended to read as follows:
160.040 1.
- *AB22_R1* – 7 – 2.
2.
3.
- 79th Session (2017) – 7 – 3.
Sec.
160.090.
10.
1.
NRS 160.090 is hereby amended to read as follows:
Before90 imakingby aanndeappointments founder:
160.090 1.
the provisions of this chapter, the court shall establish to its satisfaction that the person whose appointment as guardian is sought is a fit and proper person to be appointed.
Before making an appointment under the provisions of this chapter, the court shall establish to its satisfaction that the person whose appointment as guardian is sought is a fit and proper person to be appointed.
If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation, as defined in NRS 657.016, or trust company, as defined by NRS 669.070, doing business in this state and that such estate and income, or any part thereof, must not be withdrawn without authorization of the court, then the amount of the guardian’s bond must be reduced in an amount equal to the amount of the estate and income on deposit with the banking corporation, and the surety on the bonds must be exonerated from any loss to the estate in connection with the deposit.
If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation, as defined in NRS 657.016, or trust company, as defined by NRS 669.070, doing business in this state and that such estate and income, or any part then the amount of the guardian’s bond must be reduced in ancourt, amount equal to the amount of the estate and income on deposit with the banking corporation, and the surety on the bonds must be exonerated from any loss to the estate in connection with the deposit.
- *AB22_R1* – 8 – Sec.
Sec.
The board of county commissioners of any county may create by ordinance the office of coordinator of services for veterans.
The board of county commissioners of any county may create by ordinance the office of coordinator of services for - 79th Session (2017) – 8 – veterans.
(b) Aid, assist and cooperate with the Director [and Deputy Director] of the Department of Veterans Services and with the Nevada Veterans Services Commission;
Director] of the Department of Veterans Services and with they Nevada Veterans Services Commission;
Notwithstanding the provisions of NRS 417.030, as amended by section 2 of this act, any person who, on July 1, 2017, is serving as the Deputy Director for Health and Wellness of the position until the Director of the Department appoints a different person to that position pursuant to NRS 417.030, as amended by section 2 of this act.
Notwithstanding the provisions of NRS 417.030, as amended by section 2 of this act, any person who, on July 1, 2017, is serving as the Deputy Director for Health and Wellness of the Department of Veterans Services may continue to serve in that position until the Director of the Department appoints a different person to that position pursuant to NRS 417.030, as amended by section 2 of this act.
TEXT OF REPEALED SECTIONS 417.035 Director:
~~~~~ 17 - 79th Session (2017)
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 - *AB22_R1* – 9 – veterans and dependents for whom he or she acts.
A separate bond for417.070statLocation 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 2.e GThe office of the Deputy Director must be maintained at Las Vegas, Nevada.
H - *AB22_R1*
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Action History

  1. Approved by the Governor. Chapter 89.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. Read first time. Referred to Committee on Government Affairs. To committee.

  8. In Senate.

  9. Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.

  10. Taken from General File. Placed on General File for next legislative day.

  11. From printer. To engrossment. Engrossed. First reprint .

  12. Read second time. Amended. (Amend. No. 68.) To printer.

  13. From committee: Amend, and do pass as amended.

  14. Read first time. To committee.

  15. From printer.

  16. Prefiled. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Government Affairs · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors AB 22?
AB 22 is sponsored by Government Affairs.
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This bill has been enacted into law. Introduced November 16, 2016. Enacted.
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