Nevada 2025 Regular Session

Nevada Assembly Bill AB145 Compare Versions

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1	1
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3	3	A.B. 145
4	4
5	5	- AB145
6	6
7	7	ASSEMBLY BILL NO. 145–ASSEMBLYMEMBERS D’SILVA AND GRAY
8	8
9	9	PREFILED JANUARY 29, 2025
10	10	____________
11	11
12	12	JOINT SPONSORS: SENATORS CRUZ-CRAWFORD AND LANGE
13	13	____________
14	14
15	15	Referred to Committee on Government Affairs
16	16
17	17	SUMMARY—Revises provisions relating to veterans.
18	18	(BDR 37-77)
19	19
20	20	FISCAL NOTE: Effect on Local Government: No.
21	21	Effect on the State: Yes.
22	22
23	23	~
24	24
25	25	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
26	26
27	27
28	28	AN ACT relating to veterans; prohibiting a person from providing
29	29	certain services related to veterans’ benefits under certain
30	30	circumstances; prohibiting the Director of the Department
31	31	of Veterans Services from charging a fee for the interment
32	32	of the spouse of a veteran; requiring the Division of
33	33	Human Resource Management of the Department of
34	34	Administration to develop certain programs for the hiring
35	35	and mentoring of veterans; requiring the Administrator of
36	36	the Division to employ a Veterans Coordinator; revising
37	37	the persons who are eligible to receive, free of charge, an
38	38	annual permit for entering all state parks and recreational
39	39	areas to include the family members of certain veterans;
40	40	providing a penalty; and providing other matters properly
41	41	relating thereto.
42	42	Legislative Counsel’s Digest:
43	43	Existing federal law prohibits a person from acting as an agent or attorney in 1
44	44	the preparation, presentation or prosecution of certain claims relating to benefits 2
45	45	provided to veterans and certain family members of veterans, unless the person has 3
46	46	been recognized or accredited by the United States Department of Veterans Affairs. 4
47	47	(38 U.S.C. § 5901; 38 C.F.R. § 14.629(b)) Section 1 of this bill prohibits a person 5
48	48	from preparing, presenting, prosecuting, advising, consulting or assisting any other 6
49	49	person with a claim before the United States Department of Veterans Affairs, the 7
50	50	United States Department of Defense or the Nevada Department of Veterans 8
51	51	Services in violation of federal law, unless the person has received such recognition 9
52	52	– 2 –
53	53
54	54
55	55	- AB145
56	56	or accreditation. Section 2 of this bill makes the civil penalty for a violation of 10
57	57	existing law governing services for veterans’ benefits apply to a person who 11
58	58	violates section 1. Sections 2 and 10 of this bill authorize a person who is 12
59	59	aggrieved by a violation of section 1 to bring an action for consumer fraud. 13
60	60	Existing law requires the Director of the Department of Veterans Services to 14
61	61	establish, operate and maintain veterans’ cemeteries in this State. (NRS 417.090) 15
62	62	Existing law further requires the Director to charge a fee for the interment of a 16
63	63	family member of a veteran who is eligible for interment in a veterans’ cemetery in 17
64	64	this State. (NRS 417.210) Section 3 of this bill prohibits the Director from charging 18
65	65	a fee for the interment of the spouse of a veteran. 19
66	66	Section 11 of this bill requires the Administrator of the Division of Human 20
67	67	Resource Management of the Department of Administration to employ a Veterans 21
68	68	Coordinator and requires the Veterans Coordinator to supervise the veteran hiring 22
69	69	program and the peer mentor program established in sections 8 and 9 of this bill, 23
70	70	respectively. Section 7 of this bill defines the term Veterans Coordinator for the 24
71	71	purposes of sections 5-9 of this bill. 25
72	72	Section 8 requires the Division of Human Resource Management, under the 26
73	73	supervision of the Veterans Coordinator, to establish a veteran hiring program to 27
74	74	support the recruitment and retention of employees who are veterans or the spouses 28
75	75	of veterans or servicemembers. Section 8 further establishes certain requirements 29
76	76	for the program and requires the Veterans Coordinator to provide to the Interagency 30
77	77	Council on Veterans Affairs an annual report regarding the progress of the veteran 31
78	78	hiring program. 32
79	79	In 2019, the Governor established by executive order a peer mentor program 33
80	80	for veterans. The executive order required the Division of Human Resource 34
81	81	Management, under the supervision of the Veterans Coordinator, to develop a peer 35
82	82	mentor program for certain veterans. The executive order further required each 36
83	83	state agency that employs a veteran to identify one employee to serve as a peer 37
84	84	mentor. Additionally, the Veterans Coordinator is required to provide an annual 38
85	85	report regarding the progress of the peer mentor program to the Interagency 39
86	86	Council on Veterans Affairs. (Executive Order 2019-05 (3-20-2019)) Section 9 40
87	87	codifies the requirements for the peer mentor program in statute. 41
88	88	Existing law requires the Administrator of the Division of State Parks of the 42
89	89	State Department of Conservation and Natural Resources to establish a program to 43
90	90	issue, free of charge, an annual permit to enter all state parks and recreational areas 44
91	91	in this State to any bona fide resident of this State who has been discharged, except 45
92	92	a person who has been dishonorably discharged, from the Armed Forces of the 46
93	93	United States. (NRS 407.0655) Section 12 of this bill requires the program to 47
94	94	include the issuance of such annual permits to the widow, widower, parent or adult 48
95	95	child of a person killed in the line of duty while serving on active duty in the 49
96	96	Armed Forces of the United States. 50
97	97
98	98
99	99	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
100	100	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
101	101
102	102	Section 1. Chapter 417 of NRS is hereby amended by adding 1
103	103	thereto a new section to read as follows: 2
104	104	A person shall not prepare, present, prosecute, advise, consult 3
105	105	or assist any other person with a claim before the United States 4
106	106	Department of Veterans Affairs, the United States Department of 5
107	107	Defense or the Department in violation of 38 U.S.C. § 5901 or 38 6
108	108	C.F.R. § 14.629 unless the person has been recognized or 7
109	109	– 3 –
110	110
111	111
112	112	- AB145
113	113	accredited by the United States Department of Veterans Affairs to 1
114	114	perform such activities. 2
115	115	Sec. 2. NRS 417.137 is hereby amended to read as follows: 3
116	116	417.137 1. The Attorney General may recover a civil penalty 4
117	117	of not more than $10,000 for each violation of NRS 417.133 or 5
118	118	417.135 [.] or section 1 of this act. The Attorney General shall 6
119	119	deposit any civil penalty recovered pursuant to this section in the 7
120	120	Gift Account for Veterans created by NRS 417.115. 8
121	121	2. A person aggrieved by a violation of NRS 417.133 or 9
122	122	417.135 or section 1 of this act may bring an action for consumer 10
123	123	fraud pursuant to NRS 41.600. 11
124	124	Sec. 3. NRS 417.210 is hereby amended to read as follows: 12
125	125	417.210 1. A veteran who is eligible for interment in a 13
126	126	national cemetery pursuant to the provisions of 38 U.S.C. § 2402 is 14
127	127	eligible for interment in a veterans’ cemetery in this State. 15
128	128	2. An eligible veteran, or a member of his or her immediate 16
129	129	family, or a veterans’ organization recognized by the Director may 17
130	130	apply for a plot in a cemetery for veterans in this State by submitting 18
131	131	a request to the cemetery superintendent on a form to be supplied by 19
132	132	the cemetery superintendent. The application for interment must 20
133	133	provide for a selection to have the area immediately above and 21
134	134	surrounding the interred remains of the applicant landscaped with 22
135	135	natural grass or xeriscaping. The cemetery superintendent shall 23
136	136	assign available plots in the order in which applications are 24
137	137	received. A specific plot may not be reserved before it is needed for 25
138	138	burial. No charge may be made for a plot or for the interment of a 26
139	139	veteran. 27
140	140	3. One plot is allowed for the interment of each eligible veteran 28
141	141	and for each member of his or her immediate family, except where 29
142	142	the conditions of the soil or the number of the decedents of the 30
143	143	family requires more than one plot. 31
144	144	4. [The] Except as otherwise provided in this subsection, the 32
145	145	Director shall charge a fee for the interment of a family member, but 33
146	146	the fee may not exceed the actual cost of interment. The Director 34
147	147	shall not charge a fee for the interment of the spouse of a veteran. 35
148	148	5. As used in this section, “immediate family” means the 36
149	149	spouse, minor child or, when the Director deems appropriate, the 37
150	150	unmarried adult child of an eligible veteran. 38
151	151	Sec. 4. Chapter 418 of NRS is hereby amended by adding 39
152	152	thereto the provisions set forth as sections 5 to 9, inclusive, of this 40
153	153	act. 41
154	154	Sec. 5. As used in NRS 418.030 and 418.045 and sections 5 42
155	155	to 9, inclusive, of this act, unless the context otherwise requires, 43
156	156	the words and terms defined in sections 6 and 7 of this act, have 44
157	157	the meanings ascribed to them in those sections. 45
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160	160
161	161	- AB145
162	162	Sec. 6. “Servicemember” means a person who is an active 1
163	163	member of the: 2
164	164	1. Armed Forces of the United States; 3
165	165	2. National Guard or a reserve component of the Armed 4
166	166	Forces of the United States; or 5
167	167	3. Commissioned Corps of the United States Public Health 6
168	168	Service or the Commissioned Corps of the National Oceanic and 7
169	169	Atmospheric Administration of the United States and is serving in 8
170	170	the capacity of a commissioned officer in defense of the United 9
171	171	States. 10
172	172	Sec. 7. “Veterans Coordinator” means the Veterans 11
173	173	Coordinator in the Division of Human Resource Management of 12
174	174	the Department of Administration employed by the Administrator 13
175	175	of the Division pursuant to section 11 of this act. 14
176	176	Sec. 8. 1. Under the supervision of the Veterans 15
177	177	Coordinator, the Division of Human Resource Management of the 16
178	178	Department of Administration shall establish a veteran hiring 17
179	179	program to support the recruitment and retention of employees 18
180	180	who are veterans or the spouses of veterans or servicemembers. 19
181	181	2. The program must: 20
182	182	(a) Identify positions in the service of the State that align with 21
183	183	the education, skills and experience of a qualifying person; 22
184	184	(b) Advise and assist a qualifying person with the completion 23
185	185	of profiles and job applications; and 24
186	186	(c) Provide guidance to a qualifying person throughout the 25
187	187	application and hiring process. 26
188	188	3. On or before November 30 of each year, the Veterans 27
189	189	Coordinator shall submit to the Interagency Council on Veterans 28
190	190	Affairs a report concerning the progress of the program. 29
191	191	4. As used in this section, “qualifying person” means a 30
192	192	person who is a veteran or the spouse of a veteran or 31
193	193	servicemember. 32
194	194	Sec. 9. 1. Under the supervision of the Veterans 33
195	195	Coordinator, the Division of Human Resource Management of the 34
196	196	Department of Administration shall establish a peer mentor 35
197	197	program to support mentoring, professional development and 36
198	198	networking opportunities for veterans who are employed by the 37
199	199	State. 38
200	200	2. The peer mentor program must: 39
201	201	(a) Improve the recruitment of veterans through outreach and 40
202	202	raising awareness of career opportunities with state agencies; 41
203	203	(b) Improve the retention of veterans by providing support, 42
204	204	mentorship and professional development opportunities; 43
205	205	(c) Improve employee morale through veteran recognition 44
206	206	events and activities; and 45
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211	211	(d) Include quarterly meetings which are open to all employees 1
212	212	of the State, to provide information related to veteran resources, 2
213	213	veteran services or any other information the Veterans 3
214	214	Coordinator or the Division of Human Resource Management 4
215	215	deems necessary. 5
216	216	3. The Division of Human Resource Management shall 6
217	217	coordinate with the Interagency Council on Veterans Affairs to 7
218	218	encourage employers in this State to establish peer mentor 8
219	219	programs for veterans within their organizations. 9
220	220	4. Each state agency that employs a veteran shall coordinate 10
221	221	with the Veterans Coordinator to identify at least one employee to 11
222	222	serve as a peer mentor for veterans and participate in the peer 12
223	223	mentor program. A peer mentor is not required to have prior 13
224	224	military service or entitled to receive additional compensation for 14
225	225	serving as a peer mentor. 15
226	226	5. On or before November 30 of each year, the Veterans 16
227	227	Coordinator shall submit to the Interagency Council on Veterans 17
228	228	Affairs a report concerning the progress of the program. 18
229	229	Sec. 10. NRS 41.600 is hereby amended to read as follows: 19
230	230	41.600 1. An action may be brought by any person who is a 20
231	231	victim of consumer fraud. 21
232	232	2. As used in this section, “consumer fraud” means: 22
233	233	(a) An unlawful act as defined in NRS 119.330; 23
234	234	(b) An unlawful act as defined in NRS 205.2747; 24
235	235	(c) An act prohibited by NRS 482.36655 to 482.36667, 25
236	236	inclusive; 26
237	237	(d) An act prohibited by NRS 482.351; 27
238	238	(e) A deceptive trade practice as defined in NRS 598.0915 to 28
239	239	598.0925, inclusive; or 29
240	240	(f) A violation of NRS 417.133 or 417.135 [.] or section 1 of 30
241	241	this act. 31
242	242	3. If the claimant is the prevailing party, the court shall award 32
243	243	the claimant: 33
244	244	(a) Any damages that the claimant has sustained; 34
245	245	(b) Any equitable relief that the court deems appropriate; and 35
246	246	(c) The claimant’s costs in the action and reasonable attorney’s 36
247	247	fees. 37
248	248	4. Any action brought pursuant to this section is not an action 38
249	249	upon any contract underlying the original transaction. 39
250	250	Sec. 11. Chapter 284 of NRS is hereby amended by adding 40
251	251	thereto a new section to read as follows: 41
252	252	1. The Administrator of the Division shall employ a Veterans 42
253	253	Coordinator who is in the classified service of the State. 43
254	254	2. The Veterans Coordinator employed pursuant to 44
255	255	subsection 1 shall supervise: 45
256	256	– 6 –
257	257
258	258
259	259	- AB145
260	260	(a) The veteran hiring program established pursuant to section 1
261	261	8 of this act; 2
262	262	(b) The peer mentor program established pursuant to section 9 3
263	263	of this act; and 4
264	264	(c) Any other programs or initiatives of the Division that 5
265	265	support the recruitment and retention of employees who are 6
266	266	veterans or the spouses of veterans or servicemembers. 7
267	267	3. As used in this section, “servicemember” has the meaning 8
268	268	ascribed to it in section 6 of this act. 9
269	269	Sec. 12. NRS 407.0655 is hereby amended to read as follows: 10
270	270	407.0655 The Administrator shall establish a program for the 11
271	271	issuance of an annual permit, free of charge, to enter each state park 12
272	272	and recreation area in this State to: 13
273	273	1. Any member of an Indian tribe that is located in whole or in 14
274	274	part in this State; [and] 15
275	275	2. Any bona fide resident of this State who has been discharged 16
276	276	from the Armed Forces of the United States, except a person who 17
277	277	has been dishonorably discharged [.] ; and 18
278	278	3. Any bona fide resident of this State who is the widow, 19
279	279	widower, parent or adult child of a person killed in the line of duty 20
280	280	while on active duty in the Armed Forces of the United States. 21
281	281	Sec. 13. Any person who, on October 1, 2025, is employed by 22
282	282	the Division of Human Resources Management in the Department 23
283	283	of Administration as the Veterans Coordinator and is otherwise 24
284	284	qualified to serve as the Veterans Coordinator may continue to serve 25
285	285	in that capacity and may only be transferred, promoted, demoted or 26
286	286	discharged in accordance with the provisions of chapter 284 of the 27
287	287	Nevada Revised Statutes. 28
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289	289	H
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