AB145 - Revises provisions relating to veterans. (BDR 37-77)

A.B. 145 - *AB145* ASSEMBLY BILL NO. 145–ASSEMBLYMEMBERS D’SILVA AND GRAY PREFILED JANUARY 29, 2025 ____________ JOINT SPONSORS: SENATORS CRUZ-CRAWFORD AND LANGE ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to veterans. (BDR 37-77) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to veterans; prohibiting a person from providing certain services related to veterans’ benefits under certain circumstances; prohibiting the Director of the Department of Veterans Services from charging a fee for the interment of the spouse of a veteran; requiring the Division of Human Resource Management of the Department of Administration to develop certain programs for the hiring and mentoring of veterans; requiring the Administrator of the Division to employ a Veterans Coordinator; revising the persons who are eligible to receive, free of charge, an annual permit for entering all state parks and recreational areas to include the family members of certain veterans; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing federal law prohibits a person from acting as an agent or attorney in 1 the preparation, presentation or prosecution of certain claims relating to benefits 2 provided to veterans and certain family members of veterans, unless the person has 3 been recognized or accredited by the United States Department of Veterans Affairs. 4 (38 U.S.C. § 5901; 38 C.F.R. § 14.629(b)) Section 1 of this bill prohibits a person 5 from preparing, presenting, prosecuting, advising, consulting or assisting any other 6 person with a claim before the United States Department of Veterans Affairs, the 7 United States Department of Defense or the Nevada Department of Veterans 8 Services in violation of federal law, unless the person has received such recognition 9 – 2 – - *AB145* or accreditation. Section 2 of this bill makes the civil penalty for a violation of 10 existing law governing services for veterans’ benefits apply to a person who 11 violates section 1. Sections 2 and 10 of this bill authorize a person who is 12 aggrieved by a violation of section 1 to bring an action for consumer fraud. 13 Existing law requires the Director of the Department of Veterans Services to 14 establish, operate and maintain veterans’ cemeteries in this State. (NRS 417.090) 15 Existing law further requires the Director to charge a fee for the interment of a 16 family member of a veteran who is eligible for interment in a veterans’ cemetery in 17 this State. (NRS 417.210) Section 3 of this bill prohibits the Director from charging 18 a fee for the interment of the spouse of a veteran. 19 Section 11 of this bill requires the Administrator of the Division of Human 20 Resource Management of the Department of Administration to employ a Veterans 21 Coordinator and requires the Veterans Coordinator to supervise the veteran hiring 22 program and the peer mentor program established in sections 8 and 9 of this bill, 23 respectively. Section 7 of this bill defines the term Veterans Coordinator for the 24 purposes of sections 5-9 of this bill. 25 Section 8 requires the Division of Human Resource Management, under the 26 supervision of the Veterans Coordinator, to establish a veteran hiring program to 27 support the recruitment and retention of employees who are veterans or the spouses 28 of veterans or servicemembers. Section 8 further establishes certain requirements 29 for the program and requires the Veterans Coordinator to provide to the Interagency 30 Council on Veterans Affairs an annual report regarding the progress of the veteran 31 hiring program. 32 In 2019, the Governor established by executive order a peer mentor program 33 for veterans. The executive order required the Division of Human Resource 34 Management, under the supervision of the Veterans Coordinator, to develop a peer 35 mentor program for certain veterans. The executive order further required each 36 state agency that employs a veteran to identify one employee to serve as a peer 37 mentor. Additionally, the Veterans Coordinator is required to provide an annual 38 report regarding the progress of the peer mentor program to the Interagency 39 Council on Veterans Affairs. (Executive Order 2019-05 (3-20-2019)) Section 9 40 codifies the requirements for the peer mentor program in statute. 41 Existing law requires the Administrator of the Division of State Parks of the 42 State Department of Conservation and Natural Resources to establish a program to 43 issue, free of charge, an annual permit to enter all state parks and recreational areas 44 in this State to any bona fide resident of this State who has been discharged, except 45 a person who has been dishonorably discharged, from the Armed Forces of the 46 United States. (NRS 407.0655) Section 12 of this bill requires the program to 47 include the issuance of such annual permits to the widow, widower, parent or adult 48 child of a person killed in the line of duty while serving on active duty in the 49 Armed Forces of the United States. 50 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 417 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 A person shall not prepare, present, prosecute, advise, consult 3 or assist any other person with a claim before the United States 4 Department of Veterans Affairs, the United States Department of 5 Defense or the Department in violation of 38 U.S.C. § 5901 or 38 6 C.F.R. § 14.629 unless the person has been recognized or 7 – 3 – - *AB145* accredited by the United States Department of Veterans Affairs to 1 perform such activities. 2 Sec. 2. NRS 417.137 is hereby amended to read as follows: 3 417.137 1. The Attorney General may recover a civil penalty 4 of not more than $10,000 for each violation of NRS 417.133 or 5 417.135 [.] or section 1 of this act. The Attorney General shall 6 deposit any civil penalty recovered pursuant to this section in the 7 Gift Account for Veterans created by NRS 417.115. 8 2. A person aggrieved by a violation of NRS 417.133 or 9 417.135 or section 1 of this act may bring an action for consumer 10 fraud pursuant to NRS 41.600. 11 Sec. 3. NRS 417.210 is hereby amended to read as follows: 12 417.210 1. A veteran who is eligible for interment in a 13 national cemetery pursuant to the provisions of 38 U.S.C. § 2402 is 14 eligible for interment in a veterans’ cemetery in this State. 15 2. An eligible veteran, or a member of his or her immediate 16 family, or a veterans’ organization recognized by the Director may 17 apply for a plot in a cemetery for veterans in this State by submitting 18 a request to the cemetery superintendent on a form to be supplied by 19 the cemetery superintendent. The application for interment must 20 provide for a selection to have the area immediately above and 21 surrounding the interred remains of the applicant landscaped with 22 natural grass or xeriscaping. The cemetery superintendent shall 23 assign available plots in the order in which applications are 24 received. A specific plot may not be reserved before it is needed for 25 burial. No charge may be made for a plot or for the interment of a 26 veteran. 27 3. One plot is allowed for the interment of each eligible veteran 28 and for each member of his or her immediate family, except where 29 the conditions of the soil or the number of the decedents of the 30 family requires more than one plot. 31 4. [The] Except as otherwise provided in this subsection, the 32 Director shall charge a fee for the interment of a family member, but 33 the fee may not exceed the actual cost of interment. The Director 34 shall not charge a fee for the interment of the spouse of a veteran. 35 5. As used in this section, “immediate family” means the 36 spouse, minor child or, when the Director deems appropriate, the 37 unmarried adult child of an eligible veteran. 38 Sec. 4. Chapter 418 of NRS is hereby amended by adding 39 thereto the provisions set forth as sections 5 to 9, inclusive, of this 40 act. 41 Sec. 5. As used in NRS 418.030 and 418.045 and sections 5 42 to 9, inclusive, of this act, unless the context otherwise requires, 43 the words and terms defined in sections 6 and 7 of this act, have 44 the meanings ascribed to them in those sections. 45 – 4 – - *AB145* Sec. 6. “Servicemember” means a person who is an active 1 member of the: 2 1. Armed Forces of the United States; 3 2. National Guard or a reserve component of the Armed 4 Forces of the United States; or 5 3. Commissioned Corps of the United States Public Health 6 Service or the Commissioned Corps of the National Oceanic and 7 Atmospheric Administration of the United States and is serving in 8 the capacity of a commissioned officer in defense of the United 9 States. 10 Sec. 7. “Veterans Coordinator” means the Veterans 11 Coordinator in the Division of Human Resource Management of 12 the Department of Administration employed by the Administrator 13 of the Division pursuant to section 11 of this act. 14 Sec. 8. 1. Under the supervision of the Veterans 15 Coordinator, the Division of Human Resource Management of the 16 Department of Administration shall establish a veteran hiring 17 program to support the recruitment and retention of employees 18 who are veterans or the spouses of veterans or servicemembers. 19 2. The program must: 20 (a) Identify positions in the service of the State that align with 21 the education, skills and experience of a qualifying person; 22 (b) Advise and assist a qualifying person with the completion 23 of profiles and job applications; and 24 (c) Provide guidance to a qualifying person throughout the 25 application and hiring process. 26 3. On or before November 30 of each year, the Veterans 27 Coordinator shall submit to the Interagency Council on Veterans 28 Affairs a report concerning the progress of the program. 29 4. As used in this section, “qualifying person” means a 30 person who is a veteran or the spouse of a veteran or 31 servicemember. 32 Sec. 9. 1. Under the supervision of the Veterans 33 Coordinator, the Division of Human Resource Management of the 34 Department of Administration shall establish a peer mentor 35 program to support mentoring, professional development and 36 networking opportunities for veterans who are employed by the 37 State. 38 2. The peer mentor program must: 39 (a) Improve the recruitment of veterans through outreach and 40 raising awareness of career opportunities with state agencies; 41 (b) Improve the retention of veterans by providing support, 42 mentorship and professional development opportunities; 43 (c) Improve employee morale through veteran recognition 44 events and activities; and 45 – 5 – - *AB145* (d) Include quarterly meetings which are open to all employees 1 of the State, to provide information related to veteran resources, 2 veteran services or any other information the Veterans 3 Coordinator or the Division of Human Resource Management 4 deems necessary. 5 3. The Division of Human Resource Management shall 6 coordinate with the Interagency Council on Veterans Affairs to 7 encourage employers in this State to establish peer mentor 8 programs for veterans within their organizations. 9 4. Each state agency that employs a veteran shall coordinate 10 with the Veterans Coordinator to identify at least one employee to 11 serve as a peer mentor for veterans and participate in the peer 12 mentor program. A peer mentor is not required to have prior 13 military service or entitled to receive additional compensation for 14 serving as a peer mentor. 15 5. On or before November 30 of each year, the Veterans 16 Coordinator shall submit to the Interagency Council on Veterans 17 Affairs a report concerning the progress of the program. 18 Sec. 10. NRS 41.600 is hereby amended to read as follows: 19 41.600 1. An action may be brought by any person who is a 20 victim of consumer fraud. 21 2. As used in this section, “consumer fraud” means: 22 (a) An unlawful act as defined in NRS 119.330; 23 (b) An unlawful act as defined in NRS 205.2747; 24 (c) An act prohibited by NRS 482.36655 to 482.36667, 25 inclusive; 26 (d) An act prohibited by NRS 482.351; 27 (e) A deceptive trade practice as defined in NRS 598.0915 to 28 598.0925, inclusive; or 29 (f) A violation of NRS 417.133 or 417.135 [.] or section 1 of 30 this act. 31 3. If the claimant is the prevailing party, the court shall award 32 the claimant: 33 (a) Any damages that the claimant has sustained; 34 (b) Any equitable relief that the court deems appropriate; and 35 (c) The claimant’s costs in the action and reasonable attorney’s 36 fees. 37 4. Any action brought pursuant to this section is not an action 38 upon any contract underlying the original transaction. 39 Sec. 11. Chapter 284 of NRS is hereby amended by adding 40 thereto a new section to read as follows: 41 1. The Administrator of the Division shall employ a Veterans 42 Coordinator who is in the classified service of the State. 43 2. The Veterans Coordinator employed pursuant to 44 subsection 1 shall supervise: 45 – 6 – - *AB145* (a) The veteran hiring program established pursuant to section 1 8 of this act; 2 (b) The peer mentor program established pursuant to section 9 3 of this act; and 4 (c) Any other programs or initiatives of the Division that 5 support the recruitment and retention of employees who are 6 veterans or the spouses of veterans or servicemembers. 7 3. As used in this section, “servicemember” has the meaning 8 ascribed to it in section 6 of this act. 9 Sec. 12. NRS 407.0655 is hereby amended to read as follows: 10 407.0655 The Administrator shall establish a program for the 11 issuance of an annual permit, free of charge, to enter each state park 12 and recreation area in this State to: 13 1. Any member of an Indian tribe that is located in whole or in 14 part in this State; [and] 15 2. Any bona fide resident of this State who has been discharged 16 from the Armed Forces of the United States, except a person who 17 [Text truncated for display. Full text available on LegiScan.]