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 a certain amount 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 utility bills received by them for the costs of heating and cooling their

1-15 residential dwellings.

2-1 4. The administrator shall adopt regulations for the administration

2-2 of the fund.

2-3 Sec. 2. NRS 422.222 is hereby amended to read as follows:

2-4 422.222 1. The administrator may adopt such regulations as are

2-5 necessary for the administration of NRS 422.070 to 422.410, inclusive, and

2-6 section 1 of this act and any program of the welfare division.

2-7 2. A regulation adopted by the administrator becomes effective upon

2-8 adoption or such other date as the administrator specifies in the regulation.

2-9 Sec. 3. NRS 422.240 is hereby amended to read as follows:

2-10 422.240 Except as otherwise provided in section 1 of this act:

2-11 1. Money to carry out the provisions of NRS 422.070 to 422.410,

2-12 inclusive, including, without limitation, any federal money allotted to the

2-13 State of Nevada pursuant to the program to provide temporary assistance

2-14 for needy families and the program for child care and development, must be

2-15 provided by appropriation by the legislature from the state general fund [.] ;

2-16 and

2-17 2. Disbursements for the purposes of NRS 422.070 to 422.410,

2-18 inclusive, must be made upon claims duly filed, audited and allowed in the

2-19 same manner as other money in the state treasury is disbursed.

2-20 Sec. 4. NRS 422.29312 is hereby amended to read as follows:

2-21 422.29312 1. [Any] Except as otherwise provided in section 1 of

2-22 this act, gifts or grants of money which the welfare division is authorized to

2-23 accept must be deposited in the state treasury to the credit of the welfare

2-24 division’s gift and cooperative account in the department of human

2-25 resources’ gift fund.

2-26 2. Money in the account must be used for welfare purposes only and

2-27 expended in accordance with the terms of the gift or grant.

2-28 3. All claims must be approved by the administrator before they are

2-29 paid.

2-30 Sec. 5. NRS 120A.370 is hereby amended to read as follows:

2-31 120A.370 1. There is hereby created in the state treasury the

2-32 abandoned property trust fund.

2-33 2. All money received by the division under this chapter, including the

2-34 proceeds from the sale of abandoned property, must be deposited by the

2-35 administrator in the state treasury for credit to the abandoned property trust

2-36 fund.

2-37 3. Before making a deposit, the administrator shall record the name

2-38 and last known address of each person appearing from the holders’ reports

2-39 to be entitled to the abandoned property and of the name and last known

2-40 address of each insured person or annuitant, and with respect to each policy

2-41 or contract listed in the report of an insurance company, its number, the

2-42 name of the company and the amount due. The record must be available for

2-43 public inspection at all reasonable business hours.

3-1 4. The administrator may pay from money available in the abandoned

3-2 property trust fund:

3-3 (a) Any costs in connection with the sale of abandoned property.

3-4 (b) Any costs of mailing and publication in connection with any

3-5 abandoned property.

3-6 (c) Reasonable service charges.

3-7 (d) Any costs incurred in examining the records of a holder and in

3-8 collecting the abandoned property.

3-9 (e) Any valid claims filed pursuant to this chapter.

3-10 5. At the end of each fiscal year 10 percent of the money deposited in

3-11 the state treasury for credit to the abandoned property trust fund that is

3-12 from abandoned money of a utility as described in NRS 120A.180, or

3-13 $290,000 of that money to the extent available, whichever is greater,

3-14 must be deposited with the state treasurer for credit to the fund to assist

3-15 indigent persons with utility bills created pursuant to section 1 of this act.

3-16 6. After the appropriate amount of money has been deposited

3-17 pursuant to subsection 5, at the end of each fiscal year the amount of the

3-18 balance in the fund in excess of $100,500 must be deposited with the state

3-19 treasurer for credit to the state general fund but remains subject to the valid

3-20 claims of holders pursuant to NRS 120A.340 or owners pursuant to NRS

3-21 120A.380.

3-22 [6.] 7. If there is an insufficient amount of money in the abandoned

3-23 property trust fund to pay any cost or charge pursuant to subsection 4, the

3-24 state board of examiners may, upon the application of the administrator,

3-25 authorize a temporary transfer from the state general fund to the abandoned

3-26 property trust fund of an amount necessary to pay those costs or charges.

3-27 The administrator shall repay the amount of the transfer as soon as

3-28 sufficient money is available in the abandoned property trust fund.

3-29 Sec. 6. NRS 120A.370 is hereby amended to read as follows:

3-30 120A.370 1. There is hereby created in the state treasury the

3-31 abandoned property trust fund.

3-32 2. All money received by the division under this chapter, including the

3-33 proceeds from the sale of abandoned property, must be deposited by the

3-34 administrator in the state treasury for credit to the abandoned property trust

3-35 fund.

3-36 3. Before making a deposit, the administrator shall record the name

3-37 and last known address of each person appearing from the holders’ reports

3-38 to be entitled to the abandoned property and of the name and last known

3-39 address of each insured person or annuitant, and with respect to each policy

3-40 or contract listed in the report of an insurance company, its number, the

3-41 name of the company and the amount due. The record must be available for

3-42 public inspection at all reasonable business hours.

3-43 4. The administrator may pay from money available in the abandoned

3-44 property trust fund:

3-45 (a) Any costs in connection with the sale of abandoned property.

4-1 (b) Any costs of mailing and publication in connection with any

4-2 abandoned property.

4-3 (c) Reasonable service charges.

4-4 (d) Any costs incurred in examining the records of a holder and in

4-5 collecting the abandoned property.

4-6 (e) Any valid claims filed pursuant to this chapter.

4-7 5. At the end of each fiscal year [10] 50 percent of the money

4-8 deposited in the state treasury for credit to the abandoned property trust

4-9 fund that is from abandoned money of a utility as described in NRS

4-10 120A.180, or $290,000 of that money to the extent available, whichever is

4-11 greater, must be deposited with the state treasurer for credit to the fund to

4-12 assist indigent persons with utility bills created pursuant to section 1 of this

4-13 act.

4-14 6. After the appropriate amount of money has been deposited pursuant

4-15 to subsection 5, at the end of each fiscal year the amount of the balance in

4-16 the fund in excess of $100,500 must be deposited with the state treasurer

4-17 for credit to the state general fund but remains subject to the valid claims of

4-18 holders pursuant to NRS 120A.340 or owners pursuant to NRS 120A.380.

4-19 7. If there is an insufficient amount of money in the abandoned

4-20 property trust fund to pay any cost or charge pursuant to subsection 4, the

4-21 state board of examiners may, upon the application of the administrator,

4-22 authorize a temporary transfer from the state general fund to the abandoned

4-23 property trust fund of an amount necessary to pay those costs or charges.

4-24 The administrator shall repay the amount of the transfer as soon as

4-25 sufficient money is available in the abandoned property trust fund.

4-26 Sec. 7. NRS 232.320 is hereby amended to read as follows:

4-27 232.320 1. Except as otherwise provided in subsection 2, the

4-28 director:

4-29 (a) Shall appoint, with the consent of the governor, chiefs of the

4-30 divisions of the department, who are respectively designated as follows:

4-31 (1) The administrator of the aging services division;

4-32 (2) The administrator of the health division;

4-33 (3) The state welfare administrator; and

4-34 (4) The administrator of the division of child and family services.

4-35 (b) Shall administer, through the divisions of the department, the

4-36 provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive,

4-37 446, 447, 449 and 450 of NRS, NRS 127.220 to 127.310, inclusive,

4-38 422.070 to 422.410, inclusive, and section 1 of this act, NRS 432.010 to

4-39 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to

4-40 445A.050, inclusive, and all other provisions of law relating to the

4-41 functions of the divisions of the department, but is not responsible for the

4-42 clinical activities of the health division or the professional line activities of

4-43 the other divisions.

4-44 (c) Shall, after considering advice from agencies of local governments

4-45 and nonprofit organizations which provide social services, adopt a master

4-46 plan for the provision of human services in this state. The director shall

5-1 revise the plan biennially and deliver a copy of the plan to the governor and

5-2 the legislature at the beginning of each regular session. The plan must:

5-3 (1) Identify and assess the plans and programs of the department for

5-4 the provision of human services, and any duplication of those services by

5-5 federal, state and local agencies;

5-6 (2) Set forth priorities for the provision of those services;

5-7 (3) Provide for communication and the coordination of those services

5-8 among nonprofit organizations, agencies of local government, the state and

5-9 the Federal Government;

5-10 (4) Identify the sources of funding for services provided by the

5-11 department and the allocation of that funding;

5-12 (5) Set forth sufficient information to assist the department in

5-13 providing those services and in the planning and budgeting for the future

5-14 provision of those services; and

5-15 (6) Contain any other information necessary for the department to

5-16 communicate effectively with the Federal Government concerning

5-17 demographic trends, formulas for the distribution of federal money and any

5-18 need for the modification of programs administered by the department.

5-19 (d) May, by regulation, require nonprofit organizations and state and

5-20 local governmental agencies to provide information to him regarding the

5-21 programs of those organizations and agencies, excluding detailed

5-22 information relating to their budgets and payrolls, which he deems

5-23 necessary for his performance of the duties imposed upon him pursuant to

5-24 this section.

5-25 (e) Has such other powers and duties as are provided by law.

5-26 2. The governor shall appoint the administrator of the mental hygiene

5-27 and mental retardation division.

5-28 Sec. 8. 1. This section and sections 1 and 5 of this act become

5-29 effective on July 1, 1999.

5-30 2. Sections 2, 3, 4 and 7 of this act become effective at 12:01 a.m. on

5-31 July 1, 1999.

5-32 3. Section 6 of this act becomes effective on July 1, 2001.

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