12-1301 Director of Veterans' Affairs; powers and duties; Veteran Cemetery Construction Fund; Nebraska Veteran Cemetery System Endowment Fund; Nebraska Veteran Cemetery System Operation Fund; crea
12-1301. Director of Veterans' Affairs; powersand duties; Veteran Cemetery Construction Fund; Nebraska Veteran CemeterySystem Endowment Fund; Nebraska Veteran Cemetery System Operation Fund; created;investment.(1) The Director of Veterans' Affairs may establish and operate a stateveteran cemetery system consisting of a facility in Box Butte County, a facilityin Sarpy County, and the Nebraska Veterans' Memorial Cemetery in Hall County.The director may seek and expend private, state, and federal funds for theestablishment, construction, maintenance, administration, and operation ofthe cemetery system as provided in this section. Any gift, bequest, or deviseof real property for the cemetery system shall be subject to the approvalrequirements of section 81-1108.33 notwithstanding the value of the real property.All funds received for the construction of the cemetery system shall be remittedto the State Treasurer for credit to the Veteran Cemetery Construction Fund.Any funds remaining in the Veteran Cemetery Construction Fund following thecompletion of construction of the three facilities comprising the state veterancemetery system shall upon such completion be transferred to the NebraskaVeteran Cemetery System Endowment Fund, and the Veteran Cemetery ConstructionFund shall thereafter terminate.(2)(a) A trust fund to be known as the Nebraska Veteran Cemetery SystemEndowment Fund is hereby created. The fund shall consist of:(i) Gifts, bequests, grants, or contributions from private or publicsources designated for the maintenance, administration, or operation of thestate veteran cemetery system;(ii) Any funds transferred from the Veteran Cemetery Construction Fundfollowing the completion of construction of the three facilities comprisingthe state veteran cemetery system; and(iii) Following the termination of the Veteran Cemetery ConstructionFund, any funds received by the state from any source for the state veterancemetery system.(b) No revenue from the General Fund shall be remitted to the NebraskaVeteran Cemetery System Endowment Fund. The Legislature shall not appropriateor transfer money from the Nebraska Veteran Cemetery System Endowment Fundfor any purpose other than as provided in this section. Any money in the NebraskaVeteran Cemetery System Endowment Fund available for investment shall be investedby the state investment officer pursuant to the Nebraska Capital ExpansionAct and the Nebraska State Funds Investment Act. No portion of the principalof the Nebraska Veteran Cemetery System Endowment Fund shall be expended forany purpose except investment pursuant to this subdivision. All investmentearnings from the Nebraska Veteran Cemetery System Endowment Fund shall becredited on a quarterly basis to the Nebraska Veteran Cemetery System OperationFund.(3) There is hereby created the Nebraska Veteran Cemetery System OperationFund. Money in the fund shall be used for the operation, administration, andmaintenance of the state veteran cemetery system. Any money in the fund availablefor investment shall be invested by the state investment officer pursuantto the Nebraska Capital Expansion Act and the Nebraska State Funds InvestmentAct.(4) The director may make formal application to the federal governmentregarding federal financial assistance for the construction of any of thefacilities comprising the state veteran cemetery system which is located ina county with a population of less than one hundred thousand persons whenhe or she determines that the requirements for such assistance have been met.(5) The director may make formal application to the federal governmentregarding financial assistance for the construction of any facility comprisinga portion of the state veteran cemetery system located in a county with apopulation of more than one hundred thousand persons when sufficient fundshave been remitted to the Nebraska Veteran Cemetery System Endowment Fundsuch that (a) the projected annual earnings from such fund available for transferto the Nebraska Veteran Cemetery System Operation Fund plus (b) the projectedannual value of formal agreements that have been entered into between thestate and any political subdivisions or private entities to subsidize or undertakethe operation, administration, or maintenance of any of the facilities withinthe state veteran cemetery system, has a value that is sufficient to fundthe operation, administration, and maintenance of any cemetery created pursuantto this subsection.(6) The director may expend such funds as may be available for any ofthe purposes authorized in this section.(7) The director, with the approval of the Governor, may enter intoagreements for cemetery construction, administration, operation, or maintenancewith qualified persons, political subdivisions, or business entities. Thedirector shall provide lots in the cemetery system for the interment of deceasedveterans as defined by the National Cemetery Administration of the UnitedStates Department of Veterans Affairs. The director shall provide lots forthe interment of those veterans' spouses, minor children, and unmarried adultchildren who were physically or mentally disabled and incapable of self-support.Section 12-501 does not apply to the state veteran cemetery system.(8) The Veteran Cemetery Construction Fund is created. Any money inthe fund available for investment shall be invested by the state investmentofficer pursuant to the Nebraska Capital Expansion Act and the Nebraska StateFunds Investment Act.(9) Thedirector may adopt and promulgate rules and regulations to carry out thissection. The rules and regulations shall include requirements for proof ofresidency, cost of burial if any, and standards for cemeteries, includingdecorations and headstones. SourceLaws 1999, LB 84, § 1; Laws 2004, LB 1231, § 1; Laws 2005, LB 54, § 2; Laws 2005, LB 227, § 1; Laws 2006, LB 996, § 1; Laws 2009, LB154, § 1. Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.