Assembly Bill No. 583–Committee on Judiciary

 

(On Behalf of Department of Human Resources—Division
of Child and Family Services)

 

March 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing administration of grants from account for aid for victims of domestic violence. (BDR 16‑537)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to assistance to victims of domestic violence; transferring the duty to administer the account for aid to victims of domestic violence from the administrator of the division of child and family services of the department of human resources to the director of the department or a person designated by the director; authorizing the director to use money in the account to pay the administrative expenses associated with awarding grants from the account; eliminating the duty of the commission on mental health and developmental services to render advice concerning the award of such grants; 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. NRS 217.400 is hereby amended to read as follows:

1-2    217.400  As used in NRS 217.400 to 217.475, inclusive, unless the

1-3  context otherwise requires:

1-4    1.  “Dating relationship” means frequent, intimate associations

1-5  primarily characterized by the expectation of affectional or sexual

1-6  involvement. The term does not include a casual relationship or an ordinary

1-7  association between persons in a business or social context.

1-8    2.   [“Division” means the division of child and family services of]

1-9  “Department” means the department of human resources.

1-10    3.  “Director” means the director of the department or a person

1-11  designated by the director.

1-12    4. “Domestic violence” means:

2-1    (a) The attempt to cause or the causing of bodily injury to a family or

2-2  household member or the placing of the member in fear of imminent

2-3  physical harm by threat of force.

2-4    (b) Any of the following acts committed by a person against a family or

2-5  household member, a person with whom he had or is having a dating

2-6  relationship or with whom he has a child in common, or upon his minor

2-7  child or a minor child of that person:

2-8       (1) A battery.

2-9       (2) An assault.

2-10      (3) Compelling the other by force or threat of force to perform an act

2-11  from which he has the right to refrain or to refrain from an act which he has

2-12  the right to perform.

2-13      (4) A sexual assault.

2-14      (5) A knowing, purposeful or reckless course of conduct intended to

2-15  harass the other. Such conduct may include, without limitation:

2-16          (I) Stalking.

2-17          (II) Arson.

2-18          (III) Trespassing.

2-19          (IV) Larceny.

2-20          (V) Destruction of private property.

2-21          (VI) Carrying a concealed weapon without a permit.

2-22      (6) False imprisonment.

2-23      (7) Unlawful entry of the other’s residence, or forcible entry against

2-24  the other’s will if there is a reasonably foreseeable risk of harm to the other

2-25  from the entry.

2-26    [4.] 5.  “Family or household member” means a spouse, a former

2-27  spouse, a parent or other adult person who is related by blood or marriage

2-28  or is or was actually residing with the person committing the act of

2-29  domestic violence.

2-30    [5.] 6.  “Participant” means an adult, child or incompetent person for

2-31  whom a fictitious address has been issued pursuant to NRS 217.462 to

2-32  217.471, inclusive.

2-33    [6.] 7.  “Victim of domestic violence” includes the dependent children

2-34  of the victim.

2-35    Sec. 2.  NRS 217.410 is hereby amended to read as follows:

2-36    217.410  In a county whose population is 400,000 or more, the

2-37  [administrator of the division] director shall allocate 15 percent of all

2-38  money granted to organizations in the county from the account for aid for

2-39  victims of domestic violence to an organization in the county which has

2-40  been specifically created to assist victims of rape. The [administrator of the

2-41  division] director has the final authority in determining whether an

2-42  organization may receive money pursuant to this [subsection.] section. Any

2-43  organization which receives money pursuant to this [subsection] section

2-44  shall furnish reports to the [administrator of the division] director as

2-45  required by NRS 217.460. To be eligible for this money, the organization

2-46  must receive at least 15 percent of its money from sources other than the

2-47  Federal Government, the state, any local government or other public body

2-48  or their instrumentalities. Any goods or services which are contributed to

3-1  the organization may be assigned their reasonable monetary value for the

3-2  purpose of complying with this requirement.

3-3    Sec. 3.  NRS 217.440 is hereby amended to read as follows:

3-4    217.440  1.  An account for aid for victims of domestic violence is

3-5  hereby created in the state general fund. The account must be administered

3-6  by the [administrator of the division.] director. The director may use not

3-7  more than 5 percent of the money available in the account in any fiscal

3-8  year to pay for such administrative expenses as are necessary to carry out

3-9  the provisions of NRS 217.400 to 217.460, inclusive, including, without

3-10  limitation:

3-11    (a) Evaluating applications for grants from the account and

3-12  determining the appropriate awards.

3-13    (b) Conducting financial reviews of organizations that have received

3-14  grants from the account and evaluating the effectiveness of the programs

3-15  offered by such organizations, including, without limitation, expenses

3-16  necessary for visiting the sites at which such programs are offered.

3-17    (c) Providing appropriate training concerning issues related to

3-18  domestic violence and sexual assault to those employees of the

3-19  department who manage and monitor the grants from the account.

3-20    2.  Any nonprofit organization in the state which is able to meet the

3-21  requirements specified in subsection 7 of NRS 217.420 may apply for a

3-22  grant from the account for aid for victims of domestic violence.

3-23    3.  An application for a grant must be received by the [division]

3-24  department before April 1 preceding the fiscal year for which the grant is

3-25  sought.

3-26    Sec. 4.  NRS 217.445 is hereby amended to read as follows:

3-27    217.445  No organization in a county whose population is less than

3-28  100,000 which receives a grant from the account for aid for victims of

3-29  domestic violence may expend that money until its budget for using the

3-30  money is approved by the [division.] director.

3-31    Sec. 5.  NRS 217.450 is hereby amended to read as follows:

3-32    217.450  1.  The [commission on mental health and developmental

3-33  services shall advise the administrator of the division concerning the award

3-34  of grants from the account for aid for victims of domestic violence.

3-35    2.  The administrator of the division] director shall give priority to

3-36  those applications for grants from the account for aid for victims of

3-37  domestic violence submitted by organizations which offer the broadest

3-38  range of services for the least cost within one or more counties. The

3-39  [administrator] director shall not approve the use of money from a grant to

3-40  acquire any buildings.

3-41    [3.  The administrator of the division]

3-42    2.  The director has the final authority to approve or deny an

3-43  application for a grant. The [administrator] director shall notify each

3-44  applicant in writing of the action taken on its application within 45 days

3-45  after the deadline for filing the application.

3-46    [4.] 3.  In determining the amount of money to be allocated for grants,

3-47  the [administrator of the division] director shall use the following formula:

3-48    (a) A basic allocation of $7,000 must be made for each county whose

3-49  population is less than 100,000. For counties whose population is 100,000

4-1  or more, the basic allocation is $35,000. These allocations must be

4-2  increased or decreased for each fiscal year ending after June 30, 1990, by

4-3  the same percentage that the amount deposited in the account during the

4-4  preceding fiscal year, pursuant to NRS 122.060, is greater or less than the

4-5  sum of $791,000.

4-6    (b) [Any] Except as otherwise provided in NRS 217.440, any

4-7  additional revenue available in the account must be allocated to grants, on

4-8  a per capita basis, for all counties whose population is 14,000 or more.

4-9    (c) Money remaining in the account after disbursement of grants does

4-10  not revert and may be awarded in a subsequent year.

4-11    Sec. 6.  NRS 217.460 is hereby amended to read as follows:

4-12    217.460  1.  Each organization which has received a grant for

4-13  assistance to victims of domestic violence shall furnish quarterly and

4-14  annual financial reports to the [administrator of the division] director in a

4-15  manner which the [administrator] director may prescribe.

4-16    2.  The [administrator] director shall review the reports from the

4-17  organizations, compile the information contained in them about the

4-18  individual programs for assistance to victims of domestic violence, conduct

4-19  a financial review of all expenditures, and make a comprehensive report

4-20  biennially to the legislature, including [an] , without limitation:

4-21    (a) An evaluation of the effectiveness of the respective organizations in

4-22  aiding victims of domestic violence[.] ; and

4-23    (b) A report of the administrative expenditures made by the director

4-24  pursuant to subsection 1 of NRS 217.440.

4-25    Sec. 7.  This act becomes effective on July 1, 2001.

 

4-26  H