Senate Bill No. 89–Senators Neal, Shaffer, Titus, James,

Schneider, Carlton, Care and Wiener

February 3, 1999

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Creates fund to assist indigent persons with utility bills to be funded by

certain money from abandoned property trust fund. (BDR 38-977)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public welfare; creating a fund to assist indigent persons with utility

bills; providing that the welfare division of the department of human resources shall administer the fund; requiring 10 percent of the unclaimed money in the abandoned property trust fund that is from abandoned money of a utility to be

deposited in the fund; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 422 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. There is hereby created in the state treasury the fund to assist

1-4 indigent persons with utility bills, to be administered by the welfare

1-5 division. All money received for the use of the fund pursuant to NRS

1-6 120A.370 or from any other source must be deposited in the fund. The

1-7 welfare division may accept gifts and grants for deposit in the fund.

1-8 2. The interest and income earned on the money in the fund, after

1-9 deducting any applicable charges, must be credited to the fund. All

1-10 claims against the fund must be paid as other claims against this state

1-11 are paid.

1-12 3. The money in the fund may be used only to pay necessary

1-13 administrative costs and to assist indigent persons in this state to pay

1-14 their utility bills.

1-15 4. The administrator shall adopt regulations for the administration

1-16 of the fund.

2-1 Sec. 2. NRS 422.222 is hereby amended to read as follows:

2-2 422.222 1. The administrator may adopt such regulations as are

2-3 necessary for the administration of NRS 422.070 to 422.410, inclusive, and

section 1 of this act and any program of the welfare division.

2-4 2. A regulation adopted by the administrator becomes effective upon

adoption or such other date as the administrator specifies in the regulation.

2-5 Sec. 3. NRS 422.240 is hereby amended to read as follows:

2-6 422.240 Except as otherwise provided in section 1 of this act:

1. Money to carry out the provisions of NRS 422.070 to 422.410,

2-7 inclusive, including, without limitation, any federal money allotted to the

State of Nevada pursuant to the program to provide temporary assistance

2-8 for needy families and the program for child care and development, must be

2-9 provided by appropriation by the legislature from the state general fund [.] ;

and

2-10 2. Disbursements for the purposes of NRS 422.070 to 422.410,

inclusive, must be made upon claims duly filed, audited and allowed in the

2-11 same manner as other money in the state treasury is disbursed.

2-12 Sec. 4. NRS 422.29312 is hereby amended to read as follows:

422.29312 1. [Any] Except as otherwise provided in section 1 of

2-13 this act, gifts or grants of money which the welfare division is authorized to

accept must be deposited in the state treasury to the credit of the welfare

2-14 division’s gift and cooperative account in the department of human

2-15 resources’ gift fund.

2. Money in the account must be used for welfare purposes only and

2-16 expended in accordance with the terms of the gift or grant.

3. All claims must be approved by the administrator before they are

2-17 paid.

2-18 Sec. 5. NRS 120A.370 is hereby amended to read as follows:

120A.370 1. There is hereby created in the state treasury the

2-19 abandoned property trust fund.

2. All money received by the division under this chapter, including the

2-20 proceeds from the sale of abandoned property, must be deposited by the

2-21 administrator in the state treasury for credit to the abandoned property trust

fund.

2-22 3. Before making a deposit, the administrator shall record the name

and last known address of each person appearing from the holders’ reports

2-23 to be entitled to the abandoned property and of the name and last known

2-24 address of each insured person or annuitant, and with respect to each policy

or contract listed in the report of an insurance company, its number, the

2-25 name of the company and the amount due. The record must be available for

public inspection at all reasonable business hours.

2-26 4. The administrator may pay from money available in the abandoned

2-27 property trust fund:

2-28 (a) Any costs in connection with the sale of abandoned property.

(b) Any costs of mailing and publication in connection with any

2-29 abandoned property.

2-30 (c) Reasonable service charges.

(d) Any costs incurred in examining the records of a holder and in

2-31 collecting the abandoned property.

(e) Any valid claims filed pursuant to this chapter.

2-32 5. At the end of each fiscal year 10 percent of the money deposited in

2-33 the state treasury for credit to the abandoned property trust fund that is

from abandoned money of a utility as described in NRS 120A.180 must

2-34 be deposited with the state treasurer for credit to the fund to assist

indigent persons with utility bills created pursuant to section 1 of this act.

2-35 6. After the appropriate amount of money has been deposited

2-36 pursuant to subsection 5, at the end of each fiscal year the amount of the

balance in the fund in excess of $100,500 must be deposited with the state

2-37 treasurer for credit to the state general fund but remains subject to the valid

claims of holders pursuant to NRS 120A.340 or owners pursuant to NRS

2-38 120A.380.

2-39 [6.] 7. If there is an insufficient amount of money in the abandoned

property trust fund to pay any cost or charge pursuant to subsection 4, the

2-40 state board of examiners may, upon the application of the administrator,

authorize a temporary transfer from the state general fund to the abandoned

2-41 property trust fund of an amount necessary to pay those costs or charges.

2-42 The administrator shall repay the amount of the transfer as soon as

sufficient money is available in the abandoned property trust fund.

2-43 Sec. 6. NRS 232.320 is hereby amended to read as follows:

232.320 1. Except as otherwise provided in subsection 2, the

2-44 director:

2-45 (a) Shall appoint, with the consent of the governor, chiefs of the

divisions of the department, who are respectively designated as follows:

2-46 (1) The administrator of the aging services division;

(2) The administrator of the health division;

2-47 (3) The state welfare administrator; and

2-48 (4) The administrator of the division of child and family services.

(b) Shall administer, through the divisions of the department, the

2-49 provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive,

446, 447, 449 and 450 of NRS, NRS 127.220 to 127.310, inclusive,

2-50 422.070 to 422.410, inclusive, and section 1 of this act, NRS 432.010 to

2-51 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to

445A.050, inclusive, and all other provisions of law relating to the

2-52 functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of

2-53 the other divisions.

(c) Shall, after considering advice from agencies of local governments

3-1 and nonprofit organizations which provide social services, adopt a master

plan for the provision of human services in this state. The director shall

3-2 revise the plan biennially and deliver a copy of the plan to the governor and

3-3 the legislature at the beginning of each regular session. The plan must:

(1) Identify and assess the plans and programs of the department for

3-4 the provision of human services, and any duplication of those services by

federal, state and local agencies;

3-5 (2) Set forth priorities for the provision of those services;

3-6 (3) Provide for communication and the coordination of those services

among nonprofit organizations, agencies of local government, the state and

3-7 the Federal Government;

(4) Identify the sources of funding for services provided by the

3-8 department and the allocation of that funding;

3-9 (5) Set forth sufficient information to assist the department in

providing those services and in the planning and budgeting for the future

3-10 provision of those services; and

(6) Contain any other information necessary for the department to

3-11 communicate effectively with the Federal Government concerning

3-12 demographic trends, formulas for the distribution of federal money and any

need for the modification of programs administered by the department.

3-13 (d) May, by regulation, require nonprofit organizations and state and

local governmental agencies to provide information to him regarding the

3-14 programs of those organizations and agencies, excluding detailed

3-15 information relating to their budgets and payrolls, which he deems

necessary for his performance of the duties imposed upon him pursuant to

3-16 this section.

(e) Has such other powers and duties as are provided by law.

3-17 2. The governor shall appoint the administrator of the mental hygiene

3-18 and mental retardation division.

Sec. 7. 1. This section and sections 1 and 5 of this act become

3-19 effective on July 1, 1999.

2. Sections 2, 3, 4 and 6 of this act become effective at 12:01 a.m. on

3-20 July 1, 1999.

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