80-101. County veterans service committee; members; term; compensation; vacancy, how filled; bond; expenses.

(1) Each county board shall appoint a county veterans service committee of five members, such choice to be made from a list of eligible veterans recommended by the recognized veterans organizations within the county. Such list shall contain not less than three names for each appointment to be made.

(2) The terms of office of the members of the county veterans service committee initially appointed shall expire on June 30 of the years 1948, 1949, 1950, 1951, and 1952, as designated by the county board in making the respective appointments. As the terms of members expire, the county board shall, during the month of June of each year, appoint or reappoint a member of the committee for a term of five years to succeed the member whose term expires. Each member shall serve until the appointment and qualification of a successor. In case of a vacancy occurring prior to the expiration of the term of a member, the appointment shall be made only for the remainder of the term.

(3) The members of the county veterans service committee shall organize by the appointment of one of their number as chairperson and one as secretary-treasurer. The secretary-treasurer may be the county veterans service officer. The county veterans service officer shall not be a member of the committee. The members of the committee shall qualify by taking the usual oath of office and shall each give bond, if required by the local county board, in an amount determined by the local county board for the faithful performance of the duties of his or her office. The premiums for such bonds shall be paid by the county. Members of the committee shall be entitled to the necessary and actual expenses involved in the performance of their official duties, with mileage reimbursements to be computed at the rate provided in section 81-1176, which shall be paid out of the county general fund.

Source:Laws 1889, c. 72, § 2, p. 528; Laws 1905, c. 147, § 1, p. 590; R.S.1913, § 7155; Laws 1915, c. 128, § 1, p. 289; C.S.1922, § 6801; Laws 1927, c. 196, § 1, p. 556; C.S.1929, § 80-104; R.S.1943, § 80-101; Laws 1947, c. 305, § 2, p. 924; Laws 1953, c. 324, § 2, p. 1071; Laws 1969, c. 752, § 1, p. 2830; Laws 1981, LB 204, § 164; Laws 1985, LB 134, § 1; Laws 1996, LB 1011, § 33.


Cross References

Annotations

80-102. County veterans service committee; meetings; relief; persons entitled; determination; payment; tax; amount authorized.

(1)(a) The county veterans service committee shall meet at least once each year or on call of the chairperson or of any three members of the committee. It shall determine the amount it considers necessary for providing aid, including food, shelter, fuel, wearing apparel, medical or surgical aid, or funeral expenses, for the purposes identified in subdivisions (b) and (c) of this subsection. The county veterans service committee shall certify the amount so determined to the county board, which amount shall be reviewed and considered by the county board in making a levy for an aid fund.

(b) The county veterans service committee shall determine the amount of aid described in subdivision (a) of this subsection for persons who are in need of the aid and who:

(i) Served in the armed forces of the United States during a period of war as defined in section 80-401.01 or during a period of actual hostilities in any war or conflict in which the United States Government was engaged prior to April 6, 1917;

(ii) Were discharged or otherwise separated with a characterization of honorable or general (under honorable conditions) or died while in service or as a direct result of that service; and

(iii) Have legal residence in the State of Nebraska for a period of not less than one year and in the county in which application is made for a period of not less than six months.

(c) The county veterans service committee shall determine the amount of aid described in subdivision (a) of this subsection for:

(i) Husbands and wives, surviving spouses, and minor children under eighteen years of age of veterans described in subdivision (b) of this subsection; and

(ii) Payment of expenses of last illness and burial when a veteran described in subdivision (b) of this subsection or a surviving spouse described in subdivision (c)(i) of this subsection passes away leaving no next of kin.

(2) The county board of each county shall annually make such levy or levies as needed to raise the required aid fund referred to in subsection (1) of this section as the county board determines is necessary, not exceeding one cent on each one hundred dollars upon the taxable value of all the taxable property of such county. Any unexpended balance of the aid fund at the end of any fiscal year shall remain in the fund, without reappropriation, for future use. The committee or a majority thereof shall fix the amount to be paid to each claimant, subject to any amounts in the aid fund, and promptly disburse the same to or for the benefit of the claimant. The county clerk shall issue a warrant to the committee or to the county veterans service officer as directed by the committee upon the county treasurer for such amount as the committee shall from time to time request and as amounts in the aid fund permit. The committee shall at the end of each year make a detailed report of its transactions to the county board. Such reports shall be accompanied with vouchers for all money disbursed.

Source:Laws 1889, c. 72, § 3, p. 529; R.S.1913, § 7156; C.S.1922, § 6802; C.S.1929, § 80-105; R.S.1943, § 80-102; Laws 1947, c. 305, § 3, p. 924; Laws 1951, c. 299, § 1, p. 987; Laws 1953, c. 324, § 7, p. 1073; Laws 1953, c. 287, § 88, p. 981; Laws 1969, c. 752, § 2, p. 2831; Laws 1979, LB 187, § 252; Laws 1992, LB 719A, § 199; Laws 1996, LB 1085, § 57; Laws 2005, LB 54, § 21.    


80-102.01. County veterans service committee; acceptance of gifts, devises, and bequests.

The county veterans service committee shall have power to accept gifts, devises, and bequests of real and personal property to carry out the purposes for which such county veterans service committee was established and to the extent of the powers conferred upon such committee by this section and sections 80-101 and 80-102.

Source:Laws 1947, c. 305, § 4, p. 925; Laws 1996, LB 1085, § 58.


80-103. County veterans service committee; members; removal from office; filling of vacancy.

The county board may at any time remove any member of the county veterans service committee for neglect of duty, maladministration, or upon recommendation of all recognized veterans organizations in the county and appoint another veteran in the place of the member thus removed; Provided, that such appointment shall be made in accordance with the provisions of section 80-101.

Source:Laws 1889, c. 72, § 4, p. 530; R.S.1913, § 7157; C.S.1922, § 6803; C.S.1929, § 80-106; R.S.1943, § 80-103; Laws 1953, c. 324, § 3, p. 1072; Laws 1969, c. 752, § 3, p. 2832.


80-104. Veterans; burial by county veterans service committee; when authorized; surviving relatives may conduct funeral.

Except for cremated remains disposed of as provided in section 71-1382.01, it shall be the duty of the county veterans service committee to cause to be decently interred the body of any person who has been discharged or otherwise separated with a characterization of honorable or general (under honorable conditions) from any arm of the military or naval service of the United States, has served during a period of war, as defined in section 80-401.01, or during a period of actual hostilities in any war or conflict in which the United States Government was engaged prior to April 6, 1917, and may hereafter die without leaving sufficient means to defray his or her funeral expenses. Such burials should not be made in any cemetery or burial grounds used exclusively for the burial of pauper dead. If surviving relatives of the deceased shall desire to conduct the funeral, they shall be permitted to do so.

Source:Laws 1885, c. 39, § 1, p. 214; Laws 1905, c. 146, § 1, p. 589; R.S.1913, § 7158; C.S.1922, § 6804; C.S.1929, § 80-107; R.S.1943, § 80-104; Laws 1953, c. 324, § 4, p. 1072; Laws 1959, c. 420, § 1, p. 1415; Laws 2005, LB 54, § 22;    Laws 2015, LB146, § 5.    


80-105. Veterans; graves; headstones.

The grave of any deceased person described in section 80-104 shall be marked by a headstone containing the name of the deceased and the organization to which he or she belonged or in which he or she served. The county veterans service committee, upon the death and burial of any such person residing within such county at the time of his or her death, shall make application to the proper authorities of the government of the United States for a suitable headstone, as provided by Act of Congress, and cause the same to be placed at the head of the deceased person's grave.

Source:Laws 1885, c. 39, § 2, p. 214; R.S.1913, § 7159; C.S.1922, § 6805; C.S.1929, § 80-108; R.S.1943, § 80-105; Laws 1953, c. 324, § 5, p. 1072; Laws 2005, LB 54, § 23.    


80-106. Veterans; burial expenses; payment.

The expenses of burial under section 80-104 shall be paid by the county in which such veteran maintained his or her legal residence at time of death. The county board of such county is authorized and directed to audit the account and pay the expenses in similar manner as other accounts against such county are audited and paid.

Source:Laws 1885, c. 39, § 3, p. 215; R.S.1913, § 7160; C.S.1922, § 6806; C.S.1929, § 80-109; R.S.1943, § 80-106; Laws 1969, c. 752, § 4, p. 2832; Laws 2005, LB 54, § 24.    


80-107. Veterans graves, markers; furnish, when.

(1) The county boards of the several counties in this state shall, upon the application of the county veterans service committee, procure for and furnish to such committee some suitable and appropriate metal marker for the grave of each and every person described in subsection (2) of this section, to be placed on the grave of such soldier for the purpose of permanently marking and designating the grave for memorial purposes.

(2) A grave shall be marked pursuant to this section if the deceased person:

(a) Served in the armed forces of the United States during a period of war as defined in section 80-401.01 or during a period of actual hostilities in any war or conflict in which the United States Government was engaged prior to April 6, 1917;

(b) Was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions); and

(c) Is buried within the county.

Source:Laws 1909, c. 135, § 1, p. 483; R.S.1913, § 7161; C.S.1922, § 6807; C.S.1929, § 80-110; R.S.1943, § 80-107; Laws 1953, c. 324, § 6, p. 1073; Laws 2005, LB 54, § 25.    


80-108. Veterans graves; petition for markers.

In all petitions to the county boards the petitioners shall state the names of veterans buried and the number of such graves in the townships, precincts or municipalities at the time of petitioning.

Source:Laws 1909, c. 135, § 2, p. 484; R.S.1913, § 7162; C.S.1922, § 6808; C.S.1929, § 80-111; R.S.1943, § 80-108; Laws 1969, c. 752, § 5, p. 2832.


80-109. Repealed. Laws 1959, c. 423, § 2.

80-110. Repealed. Laws 1980, LB 741, § 1.

80-111. Repealed. Laws 1997, LB 396, § 28.

80-201. Memorials; authority to erect.

All counties, townships, cities, and villages of Nebraska may erect or aid in the erection of statues, monuments, or other memorials commemorating the services of the members of the armed forces of the United States of America to be located upon the public lands or within the public buildings within such county, township, city, or village.

Source:Laws 1919, c. 254, § 1, p. 1031; C.S.1922, § 6812; C.S.1929, § 80-201; R.S.1943, § 80-201; Laws 1987, LB 626, § 1; Laws 2015, LB479, § 1.    


80-202. Memorials; erection; plans; publication; tax authorized; limitation.

The board of supervisors or commissioners of any county, the electors of any township at the annual or special township meeting, or the commissioners, council, or trustees of any city or village may by proper resolution, motion, or ordinance decide to erect or aid in the erection of any such statue, monument, or other memorial. Such resolution, motion, or ordinance shall specify the general features and plan of such statue, monument, or other memorial, the proposed location, the probable cost, and the amount thereof to be paid by such county, township, city, or village. The resolution, motion, or ordinance shall thereafter be published once in the official paper of the county, city, or village, and twenty days after the publication date of the publication, the proper authorities may levy a tax, in addition to the taxes otherwise authorized to be levied upon the taxable property of such county, township, city, or village, to pay the amount so to be paid by such county, township, city, or village, in like manner as general taxes are levied, or to pay such amount from the general fund. The levy shall be subject to sections 77-3442 and 77-3443.

Source:Laws 1919, c. 254, § 2, p. 1031; C.S.1922, § 6813; C.S.1929, § 80-202; R.S.1943, § 80-202; Laws 1996, LB 1114, § 68; Laws 1997, LB 269, § 63; Laws 1998, LB 306, § 45.


80-203. Memorials; ordinance to erect; referendum; effect.

No money shall be so raised or expended, as provided in section 80-202, until the expiration of twenty days after the passage or adoption of such resolution, motion, or ordinance authorizing the same, and if within that time a petition shall be filed with said supervisors or commissioners of the county, or the commissioners, council or trustees of the city or village, signed by fifteen percent of the legal voters of said county, city or village, asking that such proposition be submitted to a vote of the people, then such proposition shall be submitted to the vote of the people of the county, city or village and shall not become effective until it shall have been approved by a majority of those voting thereon at the next general, special, city or village election held more than thirty days after the filing of said petition.

Source:Laws 1919, c. 254, § 3, p. 1032; C.S.1922, § 6814; C.S.1929, § 80-203; R.S.1943, § 80-203.


80-204. Memorial; erection; initiative petition; effect.

Whenever there shall be filed with any board of supervisors or commissioners of the county, or the commissioners, council or trustees of the city or village, a petition signed by ten percent of the voters of such county, city or village asking for the erection, or aid for the erection, of any such statue, monument or other memorial, and describing the same as hereinbefore set forth, the supervisors or commissioners of the county, or the commissioners, council or trustees of the city or village shall without delay proceed therewith, subject to the referendum petition of fifteen percent of the voters as provided in section 80-203, or shall without delay provide for the submission of such proposition to a vote of the people at the next general, special, city or village election occurring not less than thirty days after the filing of such petition, and if, when so submitted, it shall be approved by a majority of those voting on such proposition, it shall be proceeded with.

Source:Laws 1919, c. 254, § 4, p. 1032; C.S.1922, § 6815; C.S.1929, § 80-204; R.S.1943, § 80-204.


80-205. Elections; laws governing.

Propositions submitted to a vote of the people under sections 80-203 and 80-204 shall be submitted in like manner on the ballot as under the general initiative and referendum law.

Source:Laws 1919, c. 254, § 5, p. 1032; C.S.1922, § 6816; C.S.1929, § 80-205; R.S.1943, § 80-205.


80-206. POW/MIA flag; display; when; conditions.

(1) Upon the request of any veterans organization, any other group, or any person, a POW/MIA flag may be displayed on or near the State Capitol, the Governor's Mansion, or any courthouse, city or village hall, schoolhouse, or other public administrative building in this state. Such flag shall be displayed in accordance with accepted flag protocol.

(2) The organization, group, or person making such request shall purchase and maintain the POW/MIA flag.

(3) For purposes of this section, a POW/MIA flag shall mean a flag recognized and accepted by internationally recognized veterans organizations as memorializing prisoners of war and persons declared missing in action as a result of military service.

Source:Laws 1991, LB 313, § 3.


80-301. Transferred to section 80-315.

80-301.01. Repealed. Laws 1994, LB 1194, § 21.

80-301.02. Transferred to section 80-326.

80-302. Transferred to section 80-317.

80-303. Repealed. Laws 1969, c. 753, § 3.

80-304. Transferred to section 80-314.

80-304.01. Transferred to section 80-327.

80-305. Transferred to section 80-318.

80-306. Transferred to section 80-319.

80-307. Transferred to section 80-320.

80-308. Transferred to section 80-321.

80-309. Transferred to section 80-331.

80-310. Repealed. Laws 1980, LB 184, § 13.

80-311. Transferred to section 80-328.

80-312. Transferred to section 80-329.

80-313. Transferred to section 80-330.

80-314. Division of Veterans' Homes; duties; Director of Veterans' Homes; rules and regulations.

The Division of Veterans' Homes shall be responsible for the management and administration of the homes and the treatment of the members thereof, define the duties of the officers, fix their compensation, and adopt and promulgate rules and regulations. The Director of Veterans' Homes and the Director of Veterans' Affairs shall jointly develop member grievance procedures, family support programs, volunteer support, policy, and internal standards. The Director of Veterans' Affairs shall have access to all confidential information relating to members' care.

Source:Laws 1887, c. 82, § 6, p. 626; Laws 1891, c. 49, § 3, p. 343; Laws 1893, c. 33, § 1, p. 361; Laws 1905, c. 145, § 2, p. 586; R.S.1913, § 7305; C.S.1922, § 6960; Laws 1923, c. 183, § 1, p. 424; C.S.1929, § 80-304; R.S.1943, § 80-304; Laws 1949, c. 272, § 3(1), p. 893; Laws 1959, c. 420, § 2, p. 1416; Laws 1980, LB 184, § 3; Laws 1996, LB 1044, § 831; R.S.1943, (1996), § 80-304; Laws 1997, LB 396, § 3; Laws 2007, LB296, § 718.    


Annotations

80-315. Nebraska veterans homes; establishment.

(1) The Grand Island Veterans' Home, the Norfolk Veterans' Home, the Thomas Fitzgerald Veterans' Home, and the Western Nebraska Veterans' Home are established. On July 1, 2007, the Eastern Nebraska Veterans' Home is established. The State of Nebraska shall maintain the homes as provided in sections 80-314 to 80-331.

(2) The veterans' home known as the Thomas Fitzgerald Veterans' Home as of July 14, 2006, shall continue to be known by that name until July 1, 2007. On and after July 1, 2007, the veterans' home shall be known as the Eastern Nebraska Veterans' Home.

Source:Laws 1887, c. 82, § 1, p. 622; Laws 1889, c. 85, § 1, p. 569; Laws 1891, c. 49, § 1, p. 340; Laws 1901, c. 71, § 1, p. 458; R.S.1913, § 7302; Laws 1919, c. 157, § 1, p. 354; C.S.1922, § 6957; C.S.1929, § 80-301; Laws 1931, c. 153, § 1, p. 412; Laws 1935, c. 172, § 1, p. 627; C.S.Supp.,1941, § 80-301; Laws 1943, c. 211, § 1, p. 696; R.S.1943, § 80-301; Laws 1949, c. 272, § 1, p. 891; Laws 1953, c. 325, § 1, p. 1075; Laws 1959, c. 421, § 1, p. 1417; Laws 1969, c. 753, § 1, p. 2833; Laws 1969, c. 584, § 93, p. 2402; Laws 1971, LB 334, § 1; Laws 1973, LB 33, § 1; Laws 1975, LB 90, § 2; Laws 1979, LB 80, § 112; Laws 1980, LB 184, § 1; Laws 1981, LB 351, § 1; Laws 1991, LB 2, § 23; Laws 1994, LB 1066, § 95; Laws 1994, LB 1194, § 16; R.S.1943, (1996), § 80-301; Laws 1997, LB 396, § 4; Laws 2006, LB 994, § 110.    


80-316. Division of Veterans' Homes; purpose; admission; requirements.

(1) The purpose of the Division of Veterans' Homes of the Department of Health and Human Services is to provide domiciliary and nursing home care and subsistence to:

(a) All persons who served on active duty in the armed forces of the United States other than active duty for training and who were discharged or otherwise separated with a characterization of honorable or general (under honorable conditions) if, at the time of making an application for admission to one of the Nebraska veterans homes:

(i) The applicant has been a bona fide resident of the State of Nebraska for at least two years;

(ii) The applicant has become disabled due to service, old age, or otherwise to an extent that it would prevent such applicant from earning a livelihood; and

(iii) The applicant's income from all sources is such that the applicant would be dependent wholly or partially upon public charities for support or the type of care needed is available only at a state institution;

(b) The spouse of any such person admitted to one of the homes who has attained the age of fifty years and has been married to such member for at least two years before his or her entrance into the home;

(c) Subject to subsection (2) of this section, the surviving spouses and parents of eligible servicemen and servicewomen as defined in subdivision (a) of this subsection who died while in the service of the United States or who have since died of a service-connected disability as determined by the United States Department of Veterans Affairs; and

(d) Subject to subsection (2) of this section, the surviving spouses of eligible servicemen or servicewomen as defined in subdivision (a) of this subsection who have since died.

(2) The surviving spouses and parents referred to in subdivision (1)(c) or (d) of this section shall be eligible for such care and subsistence if, at the time of applying, they:

(a) Have been bona fide residents of the State of Nebraska for at least two years;

(b) Have attained the age of fifty years;

(c) Are unable to earn a livelihood; and

(d) Are dependent wholly or partially upon public charities or the type of care needed is available only at a state institution.

(3) No one admitted to one of the Nebraska veterans homes under conditions enumerated in this section shall have a vested right to continued residence in such home if such person ceases to meet any of the eligibility requirements of this section, except that no person who has been regularly admitted shall be denied continued residence solely because of his or her marriage to a member of one of the homes.

Source:Laws 1997, LB 396, § 5; Laws 2005, LB 54, § 26;    Laws 2007, LB296, § 719;    Laws 2009, LB488, § 1.    


80-317. Nebraska veterans homes; Veterans' Homes Board; rules of membership; application.

The Veterans' Homes Board shall prescribe rules of membership in the Nebraska veterans homes in accordance with sections 80-314 to 80-331. An application for membership in a Nebraska veterans home shall be made to a county veterans service officer, to a recognized veterans organization as defined in subdivision (1) of section 80-401.01, or to a Nebraska veterans home, and such officer, organization, or Nebraska veterans home shall coordinate the required financial and medical information and, if necessary, provide an opinion regarding its validity. The county veterans service officer, recognized veterans organization, or Nebraska veterans home shall at once forward the application together with a finding in regard to the condition of the applicant to the board, whose duty it is to receive, review, and act upon applications for membership. During the interim between meetings of the board, the secretary of the board is authorized to adjudicate applications, subject to the approval of the full board at its next meeting.

Source:Laws 1887, c. 82, § 1, p. 622; Laws 1889, c. 85, § 1, p. 569; Laws 1891, c. 49, § 1, p. 340; Laws 1901, c. 71, § 1, p. 458; R.S.1913, § 7302; Laws 1919, c. 157, § 1, p. 354; C.S.1922, § 6957; C.S.1929, § 80-301; Laws 1931, c. 153, § 1, p. 412; Laws 1935, c. 172, § 1, p. 627; C.S.Supp.,1941, § 80-301; Laws 1943, c. 211, § 1, p. 696; R.S.1943, § 80-301; Laws 1949, c. 272, § 1, p. 891; Laws 1953, c. 325, § 1, p. 1075; Laws 1959, c. 421, § 1, p. 1417; Laws 1969, c. 753, § 1, p. 2833; Laws 1969, c. 584, § 93, p. 2402; Laws 1971, LB 334, § 1; Laws 1973, LB 33, § 1; Laws 1975, LB 90, § 2; Laws 1980, LB 184, § 2; Laws 1995, LB 64, § 1; R.S.1943, (1996), § 80-302; Laws 1997, LB 396, § 6; Laws 2007, LB296, § 720;    Laws 2012, LB795, § 1.    


Cross References

80-318. Veterans' Homes Board; members; appointment; compensation; expenses.

For the purpose of determining continued eligibility of members to remain in one of the Nebraska veterans homes and for the purpose of recommending matters of policy, rules and regulations, administration, and maintenance pertaining to each of the Nebraska veterans homes, the Veterans' Homes Board is established. The board shall be composed of two members selected by each of the recognized veterans organizations in Nebraska identified in subdivision (1) of section 80-401.01, and the Director of Veterans' Affairs who shall serve as the permanent board secretary. Such members shall be selected in the manner and serve for such term as the veterans organization may prescribe. If a member selected by any such veterans organization is unavailable to attend a meeting of the board or unable to serve for any reason, the incumbent department commander of such organization may appoint some other member of his or her organization to serve on the board. The chairperson shall be selected from among the members of the board. No salary shall be paid to any member of the board, but actual expenses of the members of the board when attending regularly called meetings of that board shall be paid as provided in sections 81-1174 to 81-1177 from the administrative funds of the Department of Veterans' Affairs.

Source:Laws 1949, c. 272, § 4(1), p. 893; Laws 1951, c. 300, § 1, p. 989; Laws 1979, LB 271, § 1; Laws 1980, LB 184, § 5; Laws 1981, LB 204, § 165; Laws 1982, LB 564, § 1; R.S.1943, (1996), § 80-305; Laws 1997, LB 396, § 7; Laws 2005, LB 54, § 27;    Laws 2007, LB296, § 721.    


80-319. Veterans' Homes Board; duties; powers; meetings.

The Veterans' Homes Board shall meet at least quarterly and at other times at the request of either the chairperson or the secretary of the board at a site selected by the secretary after consultation with the chairperson. The board shall review all applications submitted for admission to the Nebraska veterans homes system and shall make all final determinations regarding admission, or continued admission, to one of the homes. The board may check periodically on members of the Nebraska veterans homes to determine whether or not their physical or financial status has so changed since admission that they should no longer be maintained there. The board has power to subpoena witnesses and take testimony under oath relative to the duties of the board. No specified amount, either as to income or accumulated reserve, shall be arbitrarily fixed for determining the eligibility of an applicant to membership or to continuing rights of membership, but each case shall be considered solely on its merits and the evidence presented. The Division of Veterans' Homes shall consult with the board prior to denying further residence to members the board finds should no longer be supported there.

Source:Laws 1949, c. 272, § 4(2), p. 894; Laws 1953, c. 325, § 2, p. 1076; Laws 1971, LB 334, § 3; Laws 1980, LB 184, § 6; Laws 1996, LB 1044, § 832; R.S.1943, (1996), § 80-306; Laws 1997, LB 396, § 8; Laws 2007, LB296, § 722.    


80-320. Director of Veterans' Homes; rules and regulations.

Nothing in sections 80-314 to 80-331 shall be construed as limiting the authority vested with the Director of Veterans' Homes to adopt and promulgate rules and regulations, not inconsistent herewith, for the administration of the Nebraska veterans homes. The Department of Health and Human Services, in conjunction and after consultation with the Veterans' Homes Board, shall adopt and promulgate rules and regulations governing admission to and administration of the homes.

Source:Laws 1909, c. 134, § 1, p. 482; R.S.1913, § 7306; C.S.1922, § 6961; C.S.1929, § 80-305; R.S.1943, § 80-305; Laws 1949, c. 272, § 4(3), p. 894; Laws 1953, c. 325, § 3, p. 1077; Laws 1980, LB 184, § 7; Laws 1996, LB 1044, § 833; R.S.1943, (1996), § 80-307; Laws 1997, LB 396, § 9; Laws 2007, LB296, § 723.    


80-321. Member; payment for care; public expense.

Nothing in sections 80-314 to 80-331 shall be construed to deny any person who has been properly admitted to one of the Nebraska veterans homes the privilege of paying the cost of his or her care, or any part thereof, if he or she so desires or if it has been determined by the Veterans' Homes Board that his or her financial status is such that he or she should no longer be maintained there at public expense.

Source:Laws 1891, c. 49, § 7, p. 346; Laws 1909, c. 134, § 1, p. 482; R.S.1913, § 7306; C.S.1922, § 6961; C.S.1929, § 80-305; R.S.1943, § 80-305; Laws 1949, c. 272, § 5, p. 895; Laws 1971, LB 334, § 4; Laws 1980, LB 184, § 8; R.S.1943, (1996), § 80-308; Laws 1997, LB 396, § 10; Laws 2007, LB296, § 724.    


80-322. Reimbursement of costs.

Any veteran, spouse, surviving spouse, or parent admitted to one of the Nebraska veterans homes under section 80-316 who has an income in excess of forty dollars per month, including federal pension, compensation, or social security, or has sufficient assets will be required to reimburse the state monthly a reasonable amount for the expense of his or her maintenance. The amount shall be determined by the Veterans' Homes Board. All money paid to the state by members of the Nebraska veterans homes in compliance with this section shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund.

Source:Laws 1997, LB 396, § 11; Laws 2007, LB296, § 725.    


80-323. Repealed. Laws 2002, LB 93, § 27.

80-324. Repealed. Laws 2002, LB 93, § 27.

80-325. Administrator of Nebraska veterans homes; qualifications.

The administrator of the Nebraska veterans homes shall be a licensed nursing home administrator licensed under the Nursing Home Administrator Practice Act. Qualified applicants for the position of administrator who were discharged or otherwise separated with a characterization of honorable from the armed forces of the United States during a period of war as defined in section 80-401.01 shall be given a preference over other applicants.

Source:Laws 1913, c. 179, § 11, p. 538; R.S.1913, § 7189; Laws 1917, c. 131, § 1, p. 312; Laws 1921, c. 200, § 1, p. 722; C.S.1922, § 6840; C.S.1929, § 83-111; Laws 1935, c. 185, § 2, p. 685; C.S.Supp.,1941, § 83-111; R.S.1943, § 83-124; Laws 1947, c. 329, § 1, p. 1045; Laws 1951, c. 320, § 1, p. 1092; Laws 1953, c. 340, § 1, p. 1113; Laws 1969, c. 817, § 71, p. 3107; Laws 1971, LB 334, § 5; R.S.1943, (1994), § 83-124; Laws 1997, LB 396, § 14; Laws 2001, LB 10, § 1;    Laws 2005, LB 54, § 28;    Laws 2007, LB463, § 1310.    


Cross References

80-326. Veterans' Home Building Fund; created; purposes; investment.

The Veterans' Home Building Fund is created. The fund shall include money allocated to the fund. The fund shall be used, along with matching federal funds available, for the specific purposes of adding or improving nursing facilities when needed. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1978, LB 315, § 2; Laws 1990, LB 1216, § 1; Laws 1994, LB 1194, § 17; Laws 1995, LB 7, § 94; R.S.1943, (1996), § 80-301.02; Laws 1997, LB 396, § 15.


Cross References

80-327. Nebraska veterans homes; member; disability; guardianship proceedings; guardian or conservator; fees; bond.

Whenever a member of one of the Nebraska veterans homes becomes disabled because of age or otherwise to such an extent that it is impossible for the member to transact his or her personal financial business, the administrator of such home may institute, in the administrator's official capacity, proceedings for the legal appointment of a guardian or conservator to take charge of and administer all funds, whether pension, compensation, or otherwise, inuring to the member. A member of the staff of each home shall be named guardian officer of that home and may be appointed guardian or conservator of members of such home. The guardian officer shall not receive fees or compensation from the member for such services. Bond for the guardian officer shall be paid by the State of Nebraska.

Source:Laws 1949, c. 272, § 3(2), p. 893; Laws 1959, c. 420, § 3, p. 1416; Laws 1971, LB 335, § 3; Laws 1980, LB 184, § 4; Laws 1995, LB 12, § 1; R.S.1943, (1996), § 80-304.01; Laws 1997, LB 396, § 16.


80-328. State of Nebraska; enter into lease agreement with Douglas County; property; described; use as a veterans home.

The Legislature hereby approves and recommends to the Governor that the State of Nebraska enter into a lease agreement with Douglas County, Nebraska, relating to land and buildings located in Douglas County, Nebraska, for use as a veterans home. Such land and buildings shall include two parcels of land being part of the northwest quarter of the northwest quarter of section 11, township 15 north, range 11 east of the 6th principal meridian, Douglas County, Nebraska, and being more particularly described as follows:

(1) Commencing at the northeast corner of the northwest quarter of the northwest quarter of said section 11; thence south zero degrees two minutes thirty-six seconds for a distance of thirty-three feet to the point of beginning; thence continuing south zero degrees two minutes thirty-six seconds west for a distance of nine hundred sixty-six and seventy-five hundredths feet; thence north eighty-nine degrees fifty-seven minutes twenty-four seconds west for a distance of two hundred fifteen and seven-tenths feet; thence south zero degrees two minutes thirty-six seconds west for a distance of twenty-nine feet; thence north eighty-nine degrees fifty-seven minutes twenty-four seconds west for a distance of four hundred ninety-nine and sixty-five hundredths feet; thence north zero degrees two minutes thirty-six seconds east for a distance of nine hundred ninety-three and seventy-five hundredths feet; thence north eighty-nine degrees fifty-three minutes one second east for a distance of seven hundred fifteen and thirty-four hundredths feet to the point of beginning, containing sixteen and nineteen-hundredths acres, more or less; and

(2) Commencing at the southwest corner of the northwest quarter of the northwest quarter of said section 11; thence north eighty-nine degrees fifty minutes fifty-six seconds east for a distance of one hundred sixty-eight and seventy-five hundredths feet to the point of beginning; thence north zero degrees zero minutes zero seconds east for a distance of seventy-three feet; thence north eighty-nine degrees fifty minutes fifty-six seconds east for a distance of one hundred five and fifty-three hundredths feet; thence south zero degrees zero minutes zero seconds east for a distance of seventy-three feet; thence south eighty-nine degrees fifty minutes fifty-six seconds west for a distance of one hundred five and fifty-three hundredths feet to the point of beginning, containing eighteen-hundredths acre, more or less.

Source:Laws 1980, LB 184, § 9; R.S.1943, (1996), § 80-311; Laws 1997, LB 396, § 17.


80-329. County board; lease or sell property for use as a veterans home; terms.

Any county board may lease or sell public property to the state for use as a veterans home at such rent and under such terms and conditions as it may deem just and advisable, notwithstanding the fact that such lease or sale is at less than the fair market value of such property.

Source:Laws 1980, LB 184, § 11; R.S.1943, (1996), § 80-312; Laws 1997, LB 396, § 18.


80-330. Property used as a veterans home; utility service; state provide; how compensated.

If the state provides utility service to Douglas County in connection with the lease of land and buildings located in Douglas County, Nebraska, for use as a veterans home by the state, Douglas County shall provide the state with fair and equitable compensation for the services provided.

Source:Laws 1980, LB 184, § 12; R.S.1943, (1996), § 80-313; Laws 1997, LB 396, § 19.


80-331. Norfolk Veterans' Home.

There is hereby established near Norfolk, Nebraska, on the site of the Norfolk Regional Center and further described as follows:

Beginning at a point located approximately one thousand nine hundred twenty feet east of, and approximately nine hundred sixty feet south of the northwest corner of section thirteen, township twenty-four north, range one west in Madison County and thence five hundred feet south along the west curb line of Service Street, thence five hundred feet west, thence five hundred feet north, thence five hundred feet east to the place of beginning; and building number twenty-three located approximately six hundred ninety feet south and three hundred ninety-five feet east of the southeast corner of the above described lot; a facility to be known as the Norfolk Veterans' Home.

Source:Laws 1963, c. 496, § 1, p. 1586; Laws 1972, LB 1246, § 1; R.S.1943, (1996), § 80-309; Laws 1997, LB 396, § 20.


80-401. Nebraska Veterans' Aid Fund; Veterans' Aid Income Fund; created; purpose; investment; management.

(1) There is hereby established a fund to be known as the Nebraska Veterans' Aid Fund. The Nebraska Investment Council is directed to purchase bonds or notes issued by the government of the United States or the State of Nebraska, or any county, school district, or municipality therein, with a face value of twelve million dollars, as of August 1, 1984, to carry out sections 80-401 to 80-405 and to place them in the custody and control of the State Treasurer of the State of Nebraska under the same conditions as other state money.

(2) Such fund shall be managed as follows: (a) When necessary to pay a premium for bonds for such fund, the amount of the premium shall be amortized over the term of the bonds from the interest received on such bonds; and (b) when bonds for such fund are purchased at a discount, the amount of the discount shall be used to purchase additional bonds, it being contemplated that the face amount of the bonds in such fund may in this manner aggregate in excess of twelve million dollars at some future time.

(3) The interest on the Nebraska Veterans' Aid Fund, except so much as may be required for amortization of premium bond purchases as authorized in this section and so much as may be required to pay a pro rata share of the budget appropriated for the Nebraska Investment Council pursuant to section 72-1249.02, shall be paid to the Veterans' Aid Income Fund, which fund is hereby created. The Veterans' Aid Income Fund, when appropriated by the Legislature, shall be available to the Director of Veterans' Affairs for aid to needy veterans as authorized by law.

(4) The Nebraska Investment Council shall manage the Nebraska Veterans' Aid Fund, with investment and reinvestment to be made in the same type securities authorized for investment of funds by the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

(5) The director shall advise the Nebraska Investment Council when amounts in the Veterans' Aid Income Fund are not immediately required for aid to needy veterans. The state investment officer shall invest such amounts available from the Veterans' Aid Income Fund in the same manner as investments of the Nebraska Veterans' Aid Fund, and the interest thereon shall also become a part of the Veterans' Aid Income Fund.

Source:Laws 1921, c. 40, § 1, p. 181; C.S.1922, § 6206; Laws 1923, c. 126, § 1, p. 311; Laws 1927, c. 194, § 1, p. 552; C.S.1929, § 80-401; R.S.1943, § 80-401; Laws 1945, c. 221, § 1, p. 659; Laws 1947, c. 306, § 1, p. 926; Laws 1951, c. 301, § 1, p. 990; Laws 1959, c. 422, § 1, p. 1419; Laws 1967, c. 486, § 44, p. 1531; Laws 1969, c. 584, § 94, p. 2404; Laws 1975, LB 234, § 1; Laws 1976, LB 867, § 1; Laws 1978, LB 733, § 1; Laws 1981, LB 157, § 1; Laws 1982, LB 255, § 1; Laws 1984, LB 38, § 1; Laws 1987, LB 786, § 2; Laws 1995, LB 7, § 95; Laws 2013, LB263, § 29.    


Cross References

80-401.01. Terms, defined.

For purposes of sections 80-401 to 80-412, unless the context otherwise requires:

(1) Recognized veterans organization means the American Legion, the American Ex-Prisoners of War, the Disabled American Veterans, the Military Order of the Purple Heart, the Paralyzed Veterans of America, the Veterans of Foreign Wars of the United States, the Vietnam Veterans of America, and any other veterans organization which the Director of Veterans' Affairs determines (a) is recognized by the United States Department of Veterans Affairs for claims representation, (b) has a presence in each of this state's congressional districts, and (c) maintains a state headquarters sanctioned by its national organization;

(2) Veteran of the Spanish-American War means a person who served on active duty in the armed forces of the United States between April 21, 1898, and July 4, 1902, or who, being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(3) Veteran of World War I means a person who served on active duty in the armed forces of the United States between April 6, 1917, and November 11, 1918, or who, being a resident of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(4) Veteran of World War II means a person who served on active duty in the armed forces of the United States between December 7, 1941, and December 31, 1946, or who, being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(5) Veteran of the Korean War means a person who served on active duty in the armed forces of the United States between June 25, 1950, and January 31, 1955, or who, being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(6) Veteran of the Vietnam War means a person (a) who served on active duty in the armed forces of the United States (i) between August 5, 1964, and May 7, 1975, or (ii) in the Republic of Vietnam between February 28, 1961, and May 7, 1975, and (b) who, being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(7) Veteran of Lebanon means a person who served on active duty in the armed forces of the United States between August 25, 1982, and February 26, 1984, or who, being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(8) Veteran of Grenada means a person who served on active duty in the armed forces of the United States between October 23, 1983, and November 23, 1983, or who, being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(9) Veteran of Panama means a person who served on active duty in the armed forces of the United States between December 20, 1989, and January 31, 1990, or who, being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(10) Veteran of the Persian Gulf War means a person who served on active duty in the armed forces of the United States beginning on August 2, 1990, and ending on the date thereafter prescribed by presidential proclamation or by law, or who, being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(11) Veteran of the Global War on Terror means a person who served on active duty in the armed forces of the United States beginning on September 14, 2001, and ending on the date thereafter prescribed by presidential proclamation or by law, or who, being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States in that war;

(12) Active duty means full-time duty in the armed forces other than active duty for training; and

(13) Active duty for training means full-time duty in the armed forces performed by reserves for training purposes.

Source:Laws 1947, c. 306, § 2, p. 927; Laws 1951, c. 302, § 1, p. 993; Laws 1955, c. 328, § 1, p. 1024; Laws 1967, c. 562, § 1, p. 1853; Laws 1967, c. 561, § 2, p. 1849; Laws 1969, c. 754, § 1, p. 2835; Laws 1974, LB 621, § 1; Laws 1975, LB 90, § 3; Laws 1978, LB 571, § 1; Laws 1981, LB 221, § 1; Laws 1985, LB 49, § 1; Laws 1987, LB 626, § 2; Laws 1990, LB 857, § 1; Laws 1991, LB 720, § 1; Laws 1992, LB 835, § 4; Laws 1993, LB 2, § 1; Laws 1994, LB 241, § 1; Laws 2001, LB 368, § 2;    Laws 2003, LB 799, § 1;    Laws 2005, LB 54, § 29;    Laws 2009, LB422, § 1.    


80-401.02. Department of Veterans' Affairs; creation; director; qualifications; salary; bond or insurance; service officers and assistants; appointment.

There is hereby created a department of government to be known as the Department of Veterans' Affairs. The chief administrative officer of the department shall be the director to be known as the Director of Veterans' Affairs. He or she shall be appointed by the Governor, subject to confirmation by the Legislature. No person shall be eligible to receive appointment as director unless such person has the following qualifications: (1) Resident of the State of Nebraska for at least five years immediately prior to his or her appointment; (2) citizen of the United States; and (3) served in the armed forces of the United States during any of the periods identified in section 80-401.01 and discharged or otherwise separated with a characterization of honorable from such service. The director shall serve until a new director to succeed him or her is appointed and has qualified. If a vacancy occurs in the office of director when the Legislature is not in session, the Governor shall make a temporary appointment until the next meeting of the Legislature, when the Governor shall present to the Legislature a recommendation for the office. The director shall receive an annual salary to be fixed by the Governor, payable in equal monthly installments. He or she shall be entitled to the necessary and actual expenses involved in the performance of his or her official duties as provided in sections 81-1174 to 81-1177. He or she shall be bonded or insured as required by section 11-201. The director shall appoint state service officers and assistants, whose appointments shall be approved by the Veterans' Advisory Commission.

The department shall be the designated state agency to advocate on behalf of veterans.

Source:Laws 1947, c. 306, § 3, p. 928; Laws 1951, c. 303, § 2, p. 995; Laws 1957, c. 367, § 7, p. 1291; Laws 1959, c. 423, § 1, p. 1421; Laws 1961, c. 413, § 1, p. 1241; Laws 1965, c. 537, § 1, p. 1687; Laws 1969, c. 754, § 2, p. 2837; Laws 1978, LB 653, § 29; Laws 1981, LB 204, § 166; Laws 1997, LB 396, § 21; Laws 2004, LB 884, § 38;    Laws 2005, LB 54, § 30.    


Cross References

80-401.03. Director; duties; assistants; state service office.

(1) The Director of Veterans' Affairs shall be responsible for the administration of the income funds from the Nebraska Veterans' Aid Fund for the aid of needy veterans and their dependents.

(2) The director, the deputy director, or a designee of the director shall receive and approve for payment or disapprove applications for aid which shall originate in any local post of any recognized veterans organization or with a county veterans service officer. Any person eligible for such aid shall make application for the same through such local post or county veterans service officer in the community nearest his or her place of residence. If there are two or more local posts of one or more recognized veterans organizations in any community, no claimant can originate a claim in more than one such post at any given time and a period of at least thirty days shall elapse between the filing of claims. An application shall not be deemed to be filed until it has been received and filed in the office of the Director of Veterans' Affairs. The director may adopt and promulgate such rules and regulations as may be necessary for administering such aid.

(3) No part of the interest accumulation of the Nebraska Veterans' Aid Fund shall be expended for the purpose of organizing and maintaining any veterans organization. There shall be expended under the direction of the director such sum or sums as may be specifically appropriated by the Legislature for the employment of necessary assistants or deputies and clerical employees at such reasonable compensation as may be fixed by the director in each particular case and for the maintenance and expenses of a state service office with necessary service officers and assistants to prepare and present meritorious cases of ex-servicemen and ex-servicewomen for benefits before the United States Department of Veterans Affairs. Such cases shall be accepted by the state service officer on behalf of any claimant when a proper power of attorney is given by such claimant to the office of the director or to a state service officer, if he or she is so designated by any recognized veterans organization as its sole representative, and regardless of where the cases originate. No part of such sum or sums is to be paid out of the twelve-million-dollar trust fund or the income therefrom. Upon the completion of the trust, the principal fund so held by the State Treasurer shall revert to the treasury of the state.

(4) For purposes of this section, veteran means any person who:

(a) Served on active duty in the armed forces of the United States, other than active duty for training, and who:

(i) Was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions) from such service; or

(ii) Died while in service or as a direct result of such service; or

(b) Being a citizen of the United States at the time of his or her entry into such service, served with the military forces of any government allied with the United States during any period identified in section 80-401.01 and was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions).

Source:Laws 1947, c. 306, § 4, p. 928; Laws 1951, c. 304, § 1, p. 997; Laws 1951, c. 301, § 2, p. 991; Laws 1953, c. 326, § 1, p. 1078; Laws 1963, c. 497, § 1, p. 1587; Laws 1967, c. 563, § 1, p. 1856; Laws 1969, c. 754, § 3, p. 2838; Laws 1969, c. 755, § 1, p. 2843; Laws 1985, LB 49, § 2; Laws 1991, LB 2, § 24; Laws 1997, LB 441, § 1; Laws 2002, LB 977, § 1;    Laws 2005, LB 54, § 31.    


Cross References

80-401.04. Department of Veterans' Affairs; jurisdiction; State Department of Education; functions.

The Department of Veterans' Affairs shall have jurisdiction over the administration and supervision of all phases of activities under the on-the-job and apprenticeship training, on-the-farm training, and flight training programs for veterans carried on pursuant to Public Law 77 of the Ninetieth Congress, 38 U.S.C. chapter 34, and all amendments thereto, except the State Department of Education shall be the state agency for approving and certifying all educational or training institutions, as defined in Public Law 77 above mentioned, and related training in connection therewith.

Source:Laws 1947, c. 306, § 5, p. 930; Laws 1969, c. 754, § 4, p. 2839.


80-401.05. Comprehensive Health Insurance Pool; board of directors; Department of Insurance; duties.

The Board of Directors of the Comprehensive Health Insurance Pool and the Department of Insurance shall work closely with the Department of Veterans' Affairs to ensure the Veterans' Aid Income Fund and various federal benefits are utilized along with the Comprehensive Health Insurance Pool as resources for veterans and their families.

Source:Laws 1992, LB 835, § 3.


Cross References

80-401.06. Veterans' Advisory Commission; members; appointment; qualifications.

There is hereby created the Veterans' Advisory Commission, which shall consist of five members who shall be appointed by the Governor. No person shall be eligible to receive appointment as a member unless he or she (1) has been a resident of the State of Nebraska for at least five years immediately prior to his or her appointment, (2) has served in the armed forces of the United States during the dates set forth in section 80-401.01 and was discharged or otherwise separated with a characterization of honorable from such service, and (3) is a member of a recognized veterans organization. Such membership shall be certified to the Governor annually by the department adjutant of the recognized veterans organization. The Governor shall appoint one member of the Veterans' Advisory Commission from each of the three congressional districts in the state as the districts were constituted on January 1, 1962, and the fourth and fifth members shall be selected at large.

Source:Laws 1947, c. 306, § 7, p. 930; Laws 1953, c. 326, § 2, p. 1079; Laws 1961, c. 282, § 6, p. 827; Laws 1967, c. 563, § 2, p. 1857; Laws 1969, c. 754, § 5, p. 2839; Laws 2005, LB 54, § 32.    


Cross References

80-401.07. Veterans' Advisory Commission; members; tenure of office.

The terms of office of the members of the Veterans' Advisory Commission initially appointed shall expire on March 1 of the years 1948, 1949, 1950, 1951 and 1952, as designated by the Governor in making the respective appointments. As the terms of members expire, the Governor shall, on or before March 1 of each year, appoint or reappoint a member of the commission for a term of five years to succeed the member whose term expires. Each member shall serve until the appointment and qualification of his successor. In case of a vacancy occurring prior to the expiration of the term of a member, the appointment shall be made only for the remainder of the term.

Source:Laws 1947, c. 306, § 8, p. 931.


80-401.08. Veterans' Advisory Commission; members; chairperson; expenses.

The members of the Veterans' Advisory Commission shall annually appoint one of its members as chairperson and one as secretary. The members of the commission shall each qualify by taking and subscribing an oath of office. No member shall receive any salary for his or her services, but each shall be reimbursed for his or her actual and necessary expenses incurred by him or her in performing his or her duties as provided in sections 81-1174 to 81-1177 for state employees.

Source:Laws 1947, c. 306, § 9, p. 931; Laws 1981, LB 204, § 167; Laws 1983, LB 369, § 4.


80-401.09. Veterans' Advisory Commission; duties; meetings.

The Veterans' Advisory Commission shall be empowered to investigate the handling of veterans affairs under the jurisdiction of the Director of Veterans' Affairs, and to make recommendations and report to the Governor or the director on such matters. The commission shall also act as an appeal board, to whom recourse can be had by any individual or post of a recognized veterans organization from any decision made by the Director of Veterans' Affairs or any of his agents or deputies, on a claim for aid from the Nebraska Veterans' Aid Fund. The majority decision of the appeal board shall be final and shall govern in all matters presented to it upon which a hearing is had. The Veterans' Advisory Commission shall meet at least twice each year, or on call of the chairman or three members of the commission.

Source:Laws 1947, c. 306, § 10, p. 931; Laws 1969, c. 754, § 6, p. 2840.


80-401.10. Director; seal; adopt; rules and regulations; fiscal year.

The director shall, within thirty days after the creation of the Department of Veterans' Affairs, adopt a seal and make such rules and regulations for its administration, not inconsistent herewith, as he or she may deem expedient. He or she may, from time to time, amend such rules and regulations. The fiscal year of the department shall conform to the fiscal year of the state.

Source:Laws 1947, c. 306, § 11, p. 932; Laws 1981, LB 545, § 28.


80-401.11. Department of Veterans' Affairs; offices; employees.

Suitable offices shall be provided for the Department of Veterans' Affairs in the State Capitol. It may maintain necessary offices at such other places in the state as it may designate and may incur the necessary expense for office furniture, stationery, printing and other incidental or necessary expenses. It may employ such clerical and other employees and assistants as it may deem necessary for the proper transaction of its business.

Source:Laws 1947, c. 306, § 12, p. 932.


Cross References

80-401.12. Repealed. Laws 1967, c. 402, § 1.

80-402. Veterans aid; conscientious objectors denied relief.

No benefit shall accrue to, and none of the provisions of sections 80-401 to 80-405 shall apply to conscientious objectors who availed themselves of the privilege of any exemption from military duty.

Source:Laws 1921, c. 40, § 1, p. 181; C.S.1922, § 6206; Laws 1923, c. 126, § 1, p. 311; Laws 1927, c. 194, § 1, p. 552; C.S.1929, § 80-401; R.S.1943, § 80-402.


80-403. Veterans relief; persons eligible; disbursements.

(1) All money disbursed through the Director of Veterans' Affairs shall be expended by him or her in furnishing food, shelter, fuel, transportation, wearing apparel, or medical or surgical aid or in assisting with the funeral expenses of discharged veterans who come within one of the classes described in subsection (2) or (3) of this section.

(2) Such aid shall be provided upon application to veterans as defined in section 80-401.03, their widows, widowers, spouses, and their children age eighteen or younger or until age twenty-three if attending school full time, and at any age if the child was permanently incapable of self-support at age eighteen (a) who are legal residents of this state on the date of such application and (b) who may be in need of such aid.

(3) In cases in which an eligible veteran or widow or widower dies leaving no next of kin to apply for payment of expenses of last illness and burial, a recognized veterans organization or a county veterans service officer may apply, on behalf of the deceased, for assistance in paying such expenses. All such payments shall be made by the director. There may be expended, for purposes other than those set forth in this section, such sum or sums as may be specifically appropriated by the Legislature for such purposes.

Source:Laws 1921, c. 40, § 2, p. 182; C.S.1922, § 6207; Laws 1923, c. 126, § 2, p. 312; Laws 1927, c. 194, § 2, p. 554; C.S.1929, § 80-402; R.S.1943, § 80-402; Laws 1945, c. 221, § 2, p. 660; Laws 1947, c. 306, § 13, p. 932; Laws 1951, c. 305, § 1, p. 999; Laws 1963, c. 498, § 1, p. 1589; Laws 1967, c. 562, § 2, p. 1854; Laws 1967, c. 561, § 3, p. 1851; Laws 1969, c. 754, § 7, p. 2840; Laws 1971, LB 336, § 1; Laws 1979, LB 80, § 113; Laws 1997, LB 441, § 2; Laws 1999, LB 227, § 1;    Laws 2008, LB904, § 1;    Laws 2015, LB305, § 1.    


80-404. Gifts, power to accept; property, exemption from tax.

The Department of Veterans' Affairs may receive or hold in trust testamentary or other gifts, and may purchase or receive gifts of such real estate as may be necessary or advantageous for the carrying out of the provisions of sections 80-401 to 80-405. All property so held or owned by it shall be free from taxation during the period of time it shall be held or used by it for the purpose of furnishing aid to such veterans and their dependents authorized by the provisions of section 80-403.

Source:Laws 1921, c. 40, § 3, p. 183; C.S.1922, § 6208; C.S.1929, § 80-403; R.S.1943, § 80-404; Laws 1945, c. 221, § 3, p. 662; Laws 1947, c. 306, § 19, p. 933.


80-404.01. Repealed. Laws 1953, c. 326, § 5.

80-404.02. Repealed. Laws 1953, c. 326, § 5.

80-404.03. Repealed. Laws 1953, c. 326, § 5.

80-404.04. Commissioner of Education; federal funds; disbursement.

The Commissioner of Education shall be entitled to receive any funds made available by the United States Government for the purpose of carrying out the program of approving and certifying educational and training institutions, and related training in connection therewith. Such funds shall be turned over to the State Treasurer, and disbursed upon vouchers approved by the commissioner, and warrants issued as provided by law.

Source:Laws 1947, c. 306, § 21, p. 935.


80-405. Veterans relief; obtaining by fraud; penalty.

Any person who shall knowingly, by fraudulent representations, obtain or attempt to obtain any payment or aid herein provided for shall be guilty of a Class II misdemeanor.

Source:Laws 1921, c. 40, § 5, p. 183; C.S.1922, § 6210; C.S.1929, § 80-405; R.S.1943, § 80-405; Laws 1953, c. 326, § 3, p. 1080; Laws 1977, LB 39, § 264.


80-406. County service committee; members; appointment.

To assist the Department of Veterans' Affairs in the performance of its duties, each county board shall appoint, in each county of the state, a county service committee as provided in section 80-101.

Source:Laws 1947, c. 306, § 14, p. 933.


80-407. County veterans service committee; duties; appointment of county veterans service officer; member of committee ineligible.

Each county veterans service committee shall cooperate with and assist the Department of Veterans' Affairs in the performance and discharge of its duties and functions. Each such county veterans service committee shall appoint, subject to confirmation by the county board, a county veterans service officer for its county after the applicant has been certified as eligible according to section 80-410 by the Director of Veterans' Affairs. Service officers appointed prior to March 27, 1969, shall also be certified as eligible. The county veterans service committee, in cooperation with the Department of Veterans' Affairs, shall issue a certificate of appointment, and establish a service center for the assistance of veterans, and is authorized to accept, for the purpose of carrying out its program of assistance to veterans, grants of funds from the county, municipalities, veterans, civic, religious, and fraternal organizations and groups, and private citizens. The county boards of the counties involved, after meeting with the affected veterans service committees, are authorized to join two or more counties in the appointment of a county veterans service officer for a given area with the expenses to be shared by the counties involved. The county board and the county veterans service committee shall be authorized to appoint or place any veterans service officer on a part-time basis if such officer's service shall not require forty hours per week. Members of the county veterans service committee shall be ineligible to serve as county veterans service officers or assistant county veterans service officers.

Source:Laws 1947, c. 306, § 15, p. 933; Laws 1961, c. 414, § 1, p. 1242; Laws 1969, c. 754, § 8, p. 2841; Laws 1973, LB 220, § 8; Laws 1997, LB 269, § 64; Laws 2003, LB 83, § 1.    


80-408. County veterans service officer; officers and employees; oath; bond.

Each county veterans service officer appointed under the provisions of section 80-407 and every other person entrusted with the funds of a county service committee shall qualify by taking the usual oath of office and shall each give bond in the sum of one thousand dollars, with corporate surety, conditioned for the faithful performance of his duty. The premiums for such bonds shall be paid by the county.

Source:Laws 1947, c. 306, § 16, p. 934.


80-409. County service committee; offices; tax; levy.

The county board of each county in this state shall provide, by special levy or out of the general fund of the county, such amount as is necessary for the use of the county service committee to aid and enable such county service committee to carry out and execute its functions, powers, and duties as defined in sections 80-401 to 80-401.11, 80-403, 80-404, 80-404.04, and 80-406 to 80-410 and to pay its expenses. The county board shall provide offices for the county veterans service officer in a location determined by the board.

Source:Laws 1947, c. 306, § 17, p. 934; Laws 2001, LB 10, § 2.    


80-410. Director; deputy director; Veterans' Advisory Commission; state and county veterans service officers; qualifications.

(1) The Director of Veterans' Affairs, the deputy director, all members of the Veterans' Advisory Commission, and all state service officers shall have served in the armed forces of the United States during the dates set forth in section 80-401.01 and shall have been discharged or otherwise separated with a characterization of honorable from such service. A state service officer shall have been a bona fide resident of the State of Nebraska continuously for at least one year immediately prior to assuming his or her position.

(2) All county veterans service officers shall have served on active duty in the armed forces of the United States, other than active duty for training, shall have been discharged or otherwise separated with a characterization of honorable from the service, and shall have been bona fide residents of the State of Nebraska continuously for at least one year immediately prior to assuming any such position, except that if there is no applicant for county veterans service officer in a county who will have been a bona fide resident of the State of Nebraska continuously for at least one year prior to assuming such position, the one-year residency requirement may be waived.

(3) All members of the county veterans service committees and all personnel, except certain special and clerical help, of the county veterans service offices shall have all of the qualifications described in subsection (2) of this section, except that such persons may have been discharged or otherwise separated with a characterization of general (under honorable conditions).

Source:Laws 1947, c. 306, § 18, p. 934; Laws 1953, c. 326, § 4, p. 1080; Laws 1967, c. 563, § 3, p. 1857; Laws 1969, c. 754, § 9, p. 2842; Laws 2005, LB 54, § 33;    Laws 2009, LB52, § 1;    Laws 2014, LB737, § 1;    Laws 2016, LB677, § 1.    
Effective Date: July 21, 2016


Cross References

80-411. Waiver of tuition and fees at institutions of higher education; qualifications; application; Director of Veterans' Affairs; approval; effect.

(1) If the requirements of subsection (2) of this section are met, the University of Nebraska, the state colleges, and the community colleges shall waive the following for a dependent of a veteran:

(a) All tuition; and

(b) All fees remaining due after subtracting awarded federal financial aid grants and state scholarships and grants.

(2) A person shall be eligible for the waiver of tuition and such fees if he or she meets the following requirements:

(a) He or she is a resident of this state and meets the appropriate institution's requirements for establishing residency for the purpose of paying instate tuition;

(b) He or she has a parent, stepparent, or spouse who was a member of the armed forces of the United States and who:

(i) Died of a service-connected disability;

(ii) Died subsequent to discharge as a result of injury or illness sustained while a member of the armed forces which may or may not have resulted in total disability;

(iii) Is permanently and totally disabled as a result of military service. Permanent and total disability does not include total ratings or other temporary ratings except total ratings based on individual unemployability if permanent; or

(iv) While a member of the armed forces of the United States, is classified as missing in action or as a prisoner of war during armed hostilities; and

(c) If he or she is a child or stepchild of a person described in subdivision (2)(b) of this section, he or she is under the age of twenty-six years unless he or she serves on active duty with the armed forces after his or her eighteenth birthday but before his or her twenty-sixth birthday, in which case such period shall end five years after his or her first discharge or release from such duty with the armed forces, but in no event shall such period be extended beyond the thirty-first birthday.

(3) An application for a waiver shall be submitted on a form to be prescribed by the Director of Veterans' Affairs.

(4) If the director determines that the applicant is eligible for the waiver, the director shall so certify to the institution in which the applicant desires to enroll. The decision of the director shall, in the absence of fraud or misrepresentation on the part of the applicant, be final and shall be binding upon the applicant and upon the institutions specified in this section. The director shall adopt and promulgate reasonable rules and regulations for the administration of this section.

(5) The waiver shall be valid for one degree, diploma, or certificate from a community college and one baccalaureate degree. Receipt of such degree, diploma, or certificate from a community college shall precede receipt of such baccalaureate degree.

Source:Laws 1965, c. 576, § 1, p. 1867; Laws 1967, c. 564, § 1, p. 1858; Laws 1973, LB 307, § 1; Laws 1975, LB 90, § 4; Laws 1979, LB 80, § 114; Laws 1993, LB 74, § 1; Laws 1999, LB 227, § 2;    Laws 2001, LB 368, § 3;    Laws 2013, LB180, § 1;    Laws 2016, LB718, § 1.    
Effective Date: July 21, 2016


Cross References

80-412. Graves; Director of Veterans' Affairs; permanent registry.

The Director of Veterans' Affairs shall make and preserve by counties a permanent registry of the graves of all persons who shall have served in the armed forces of the United States and whose mortal remains rest in Nebraska. The county veterans service officer of each county shall be charged with securing the information requested by the Director of Veterans' Affairs of every person having a service record buried in that county and immediately forwarding such information to the office of the director. Such information shall be secured from the undertaker in charge of the burial and shall be transmitted by him or her to the county veterans service officer of the county where burial is made and shall be recorded alphabetically and by description of location in the cemetery where buried, in a book as prescribed by the director and kept for that purpose in the office of the county veterans service officer.

Source:Laws 1971, LB 338, § 1; Laws 2005, LB 54, § 34.    


Cross References

80-413. Land used for veterans services; retrocession of jurisdiction.

(1) The consent of the State of Nebraska is hereby given to the retrocession of jurisdiction, either partially or wholly, by the Veterans' Administration, an agency of the United States Government, over land owned by the United States within the boundaries of Nebraska, and the Governor of the state is hereby authorized to accept for the state such retrocession of jurisdiction.

(2) Retrocession of jurisdiction shall be effected upon written notice to the Governor by the principal officer of the Veterans' Administration having supervision and control over the land.

(3) This section shall apply only to the following lands:

(a) Land on which is located the Veterans' Administration Hospital, Omaha, Nebraska;

(b) Land on which is located the Veterans' Administration Hospital, Lincoln, Nebraska;

(c) Land on which is located the Veterans' Administration Hospital, Grand Island, Nebraska;

(d) Land on which is located the Fort McPherson National Cemetery, Maxwell, Nebraska; and

(e) Land on which is located the Omaha National Cemetery, Sarpy County, Nebraska.

Source:Laws 1975, LB 391, § 1; Laws 2015, LB640, § 1.    


80-414. Department of Veterans' Affairs; create and maintain registry; contents; notation of "veteran" on operator's license or state identification card; eligibility.

(1) The Department of Veterans' Affairs shall create and maintain a registry of residents of Nebraska who meet the requirements of subdivision (1)(a) or (b) of section 60-3,122.04 or subsection (1) of section 60-4,189. The Department of Veterans' Affairs may adopt and promulgate rules and regulations governing the establishment and maintenance of the registry. The registry may be used to assist the department in carrying out the duties of the department and shall provide for the collection of sufficient information to identify an individual who qualifies for Military Honor Plates or a notation of "veteran" on his or her operator's license or state identification card issued by the Department of Motor Vehicles. The registry may include information such as identifying information on an individual, an individual's records on active duty in the armed forces of the United States, or an individual's status of active duty, retired, discharged, or other.

(2) Any resident of Nebraska who meets the requirements of subdivision (1)(a) or (b) of section 60-3,122.04 or subsection (1) of section 60-4,189 shall register with the Department of Veterans' Affairs using the registry created by this section before being eligible for Military Honor Plates or a notation of "veteran" on his or her operator's license or state identification card issued by the Department of Motor Vehicles. No person shall be deemed eligible until his or her status has been verified on the registry.

(3) The Department of Motor Vehicles may adopt and promulgate rules and regulations governing use of the registry of the Department of Veterans' Affairs for determination of eligibility for the issuance of Military Honor Plates or the notation of "veteran" on operators' licenses and state identification cards.

Source:Laws 2013, LB93, § 6;    Laws 2014, LB383, § 11.    


80-501. Note: According to the provisions of section 80-507, the act comprising this article expired by its own limitation on June 30, 1947. The entire article has therefor been omitted.


80-601. Veterans; mentally ill or dangerous sex offender; care or treatment by United States Department of Veterans Affairs; commitment; powers.

Whenever in any proceeding under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act it is determined that a person is mentally ill and dangerous or a dangerous sex offender as defined in section 83-174.01 and it appears that such person is eligible for care or treatment by the United States Department of Veterans Affairs or another agency of the United States Government, the mental health board, upon determination by the department or such other agency that facilities are available and that such person is eligible for care or treatment therein, may commit such person to the department or other agency. Upon commitment, such person shall be subject to the applicable rules and regulations of the department or other agency of the United States operating the institution in which such care or treatment is provided. The chief officer of any facility of the department or institution operated by any other agency of the United States to which a mentally ill and dangerous person or a dangerous sex offender is committed by a proper agency in this state shall have the same powers as chief executive officers of state hospitals for the care of the mentally ill in this state with respect to the custody, transfer, conditional discharge, or discharge of such person.

Source:Laws 1947, c. 307, § 1, p. 936; Laws 1976, LB 806, § 88; Laws 1991, LB 2, § 25; Laws 2004, LB 1083, § 126;    Laws 2006, LB 1199, § 84.    


Cross References

80-602. Veterans; mentally ill; hospital or facility operated by United States Department of Veterans Affairs; release.

If, in the judgment of the chief officer of a hospital or facility operated or utilized within this state by the United States Department of Veterans Affairs, the release therefrom of a department patient would endanger his or her life or property or the lives or property of others, such chief officer is authorized, pending the initiation of commitment proceedings, to retain custody of such patient for a reasonable time, not to exceed ten days, after receiving written demand for the patient's release unless otherwise ordered by a court of competent jurisdiction notwithstanding that the patient shall have been admitted as a voluntary patient and without compliance with the admission procedures prescribed by law.

Source:Laws 1947, c. 307, § 2, p. 937; Laws 1991, LB 2, § 26.


80-603. Veterans; mentally ill; jurisdiction of courts.

Jurisdiction is retained in the appropriate courts of this state to determine at any time the necessity for continuance of restraint as provided by law.

Source:Laws 1947, c. 307, § 3, p. 937.


80-604. Veterans; mentally ill; order of commitment by court of another state; effect.

The judgment or order of commitment by a court or board of competent jurisdiction of another state or of the District of Columbia committing a person to the United States Department of Veterans Affairs or other agency of the United States Government for care or treatment shall have the same force and effect, as to the committed person while in this state, as in the jurisdiction in which is situated the court or board entering the judgment or making the order. The courts or boards of the committing state or of the District of Columbia shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person and determining the necessity for continuance of restraint. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any hospital or facility of the department or of any institution operated in this state by any other agency of the United States to retain custody of, transfer, parole, or discharge the committed person.

Source:Laws 1947, c. 307, § 4, p. 937; Laws 1991, LB 2, § 27.


80-605. Veterans; mentally ill; commitment; transfer; procedure.

The appropriate official of the United States Department of Veterans Affairs or other agency of the United States shall have authority to transfer any person committed to the United States Department of Veterans Affairs or other appropriate agency of the United States or to a hospital maintained by either to any other hospital operated by the United States Department of Veterans Affairs or any other agency of the United States, to any licensed private institution, or, subject to the prior approval of the Department of Health and Human Services, to any Nebraska state hospital for the mentally ill. The Department of Health and Human Services, upon written consent of the legal guardian of the patient or the written approval of the county board of mental health which committed such patient if no such guardian has been appointed, shall have the authority, subject to eligibility and the prior approval of the appropriate official of the United States Department of Veterans Affairs or other appropriate agency of the United States Government, to transfer for care or treatment any patient committed to a Nebraska state hospital for the care of the mentally ill to the United States Department of Veterans Affairs or other appropriate agency of the United States Government. Upon any such transfer and notice thereof by mail to the committing court or the judge thereof or the committing board, the original commitment of such person shall be deemed to constitute commitment to the United States Department of Veterans Affairs or other agency of the United States or to the state hospital or licensed institution to which such person may, from time to time, be so transferred.

Source:Laws 1947, c. 307, § 5, p. 938; Laws 1947, c. 308, § 1, p. 939; Laws 1991, LB 2, § 28; Laws 1997, LB 307, § 214.


Cross References

80-606. Department of Health and Human Services; hospitals of federal government; lack of control.

Nothing in sections 80-601 to 80-606 shall be construed as conferring upon the Department of Health and Human Services or other agency or officer of this state any power of licensing, supervision, inspection, or control over hospitals or other institutions operated by the United States Government or over the officers or employees therein.

Source:Laws 1947, c. 307, § 6, p. 939; Laws 1996, LB 1044, § 834.


80-701. Minority; effect.

The disability of minority of any person otherwise eligible for a loan or for guaranty or insurance of a loan pursuant to the Act of the Congress of the United States entitled the Servicemen's Readjustment Act of 1944, as heretofore or hereafter amended, and of the minor spouse of any eligible veteran in connection with any transaction entered into pursuant to such Act of the Congress of the United States, as heretofore or hereafter amended, shall not affect the binding effect of any obligation incurred by such eligible person or spouse as an incident to any such transaction, including incurring of indebtedness and acquiring, encumbering, selling, releasing, or conveying property or any interest therein, if all or part of any such obligation is guaranteed or insured by the federal government or the Secretary of Veterans Affairs pursuant to the act and amendments thereto or, if the secretary is the creditor, by reason of a loan or a sale pursuant to such act and amendments thereto. This section shall not create or render enforceable any other or greater rights or liabilities than would exist if neither such person nor such spouse were a minor.

Source:Laws 1953, c. 327, § 1, p. 1081; Laws 1991, LB 2, § 29.


80-801. Repealed. Laws 2001, LB 5, § 1.

80-802. Repealed. Laws 2001, LB 5, § 1.

80-803. Repealed. Laws 2001, LB 5, § 1.

80-804. Repealed. Laws 2001, LB 5, § 1.

80-805. Repealed. Laws 2001, LB 5, § 1.

80-806. Repealed. Laws 2001, LB 5, § 1.

80-901. Member of Active Selected Reserve; tuition credit; amount; duration.

Any Nebraska resident who is an enlisted member of a Nebraska-based unit of the Active Selected Reserve of the armed forces of the United States who meets the requirements set forth in section 80-902 and complies with section 80-903, and who enrolls, on or after July 10, 1976, in any state-supported university or college, including any community college, shall be entitled to a credit of fifty percent of the tuition charges of such university or college. Such entitlement shall be continuous so long as the member maintains satisfactory service in the Active Selected Reserve and pursues his course of study in a manner which satisfies the normal requirements of the university or college.

Source:Laws 1976, LB 266, § 1.


80-902. Tuition credit; conditions.

In order to qualify for the tuition credit provided for in section 80-901, a member of the Active Selected Reserve shall (1) be classified as enlisted personnel who have a minimum of two years remaining on their enlistment at the commencement of each term in their respective courses of study, (2) have agreed to serve a minimum of three years in the reserve, (3) not have completed his tenth year of total service in the armed forces of the United States, and (4) pursue a course of study leading to a degree or the equivalent level of study in a community college, and his entitlement to such credit shall cease upon the attainment of such degree or completion of such course of study. Such entitlement shall not be granted to more than two hundred individuals in any calendar year.

Source:Laws 1976, LB 266, § 2.


80-903. Member of Active Selected Reserve; responsibility to obtain certificate of performance; prerequisite to tuition credit.

It shall be the responsibility of the individual member of the Active Selected Reserve to obtain a certificate from his commanding officer attesting to his satisfactory performance and to submit it to the Director of Veterans' Affairs who, if he finds that granting the entitlement will not exceed the limitation of new entitlements provided in section 80-902, shall endorse the certificate of performance as approved and return it to the member for presentation to the college or university in order to obtain tuition credit upon initial enrollment. Such certification, without the necessity of endorsement by the Director of Veterans' Affairs, shall be accomplished and presented at the time of enrollment for each subsequent term for which tuition credit is requested.

Source:Laws 1976, LB 266, § 3.