Nebraska Revised Statute 80-401.03

Chapter 80

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

  • Constitutional provisions:
  • Bonds of heads of executive departments, see Article IV, section 26, Constitution of Nebraska.
  • Executive department heads, appointment and removal, see Article IV, sections 1 and 12, Constitution of Nebraska.
  • Official oath of executive officers, see Article XV, section 1, Constitution of Nebraska.
  • Reports to Governor, see Article IV, sections 22 and 23, Constitution of Nebraska.
  • Adoption and promulgation of rules and regulations, see Chapter 84, article 9.
  • Bond of director and assistants, see Chapter 11 and section 81-111.
  • Official oaths of office, see sections 11-101 to 11-101.02 and 81-110.
  • Qualifications of director and other personnel, see section 80-410.
  • State administrative departments, general provisions, see Chapter 81, article 1.