Senate Bill No. 112–Committee on Human
Resources and Facilities

(On Behalf of Department of Human
Resources—Community Connections)

February 13, 2001

____________

Referred to Committee on Human Resources and Facilities

SUMMARY—Revises certain provisions concerning amelioration of causes of poverty to conform to changes in federal law. (BDR 38‑535)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

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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 indigent persons; revising certain provisions concerning the amelioration of the causes of poverty within this state to conform to changes in the Community Services Block Grant Act; 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 428.355 is hereby amended to read as follows:

1-2 428.355 As used in NRS 428.355 to 428.395, inclusive [:

1-3 1. “Authorized agency” means a nonprofit organization or political

1-4 subdivision known as a delegate agency having a formal agreement with an

1-5 eligible entity to perform services under a grant pursuant to] , unless the

1-6 context otherwise requires:

1-7 1. “Community Services Block Grant Act” means the federal act set

1-8 forth in 42 U.S.C. §§ 9901 et seq.

1-9 2. “Director” means the director of the department of human resources.

1-10 3. “Eligible entity” [means an agency, organization or governmental

1-11 entity which is eligible under] has the meaning ascribed to it in 42 U.S.C.

1-12 [§§ 9901 et seq. to receive grants.] § 9902.

1-13 Sec. 2. NRS 428.365 is hereby amended to read as follows:

1-14 428.365 1. The director shall administer any federal allotment

1-15 received by this state pursuant to the Community Services Block Grant Act

1-16 [(42 U.S.C. §§ 9901 et seq.)] for the amelioration of the causes of poverty

1-17 within this state.

2-1 2. [The director shall, on or before June 1 of each year, file with the

2-2 interim finance committee a report of the allocation of that money by the

2-3 department of human resources during the previous federal fiscal year and

2-4 a report on the progress of the program for the current federal fiscal year.

2-5 3.] The director shall not spend more than 5 percent of [the] each

2-6 federal allotment, or $55,000, whichever is greater, for the administrative

2-7 expenses of the department of human resources relating to the allotment.

2-8 He shall [allocate] grant not less than 90 percent of the allotment to

2-9 eligible entities for the purposes specified in [42 U.S.C. § 9904(c)(1).] the

2-10 Community Services Block Grant Act. He may spend the remainder of the

2-11 allotment in any manner not inconsistent with the terms of the federal

2-12 grant.

2-13 [4. Money distributed to an authorized agency by an eligible entity and

2-14 not expended before the end of the year of the grant may be redistributed

2-15 by the eligible entity with the approval of the director.]

2-16 3. Money granted to an eligible entity and not [expended] obligated

2-17 for expenditure before the end of the year of the grant [must be returned to

2-18 the director, who may:

2-19 (a) Grant the money to an eligible entity;

2-20 (b) Distribute the money to an authorized agency through an eligible

2-21 entity; or

2-22 (c) Retain the money for distribution during the next federal fiscal year.]

2-23 may be recaptured and redistributed by the director to the extent and in

2-24 the manner set forth in 42 U.S.C. § 9907.

2-25 Sec. 3. NRS 428.375 is hereby amended to read as follows:

2-26 428.375 1. The director shall develop a plan for the statewide use

2-27 and distribution of the money to be provided through the Community

2-28 Services Block Grant Act as set forth in 42 U.S.C. § 9908.

2-29 2. The director shall hold at least one public hearing to receive

2-30 public comment on each proposed plan for the statewide use and

2-31 distribution of the money to be provided through the Community Services

2-32 Block Grant Act.

2-33 3. The interim finance committee shall [, before June 1 of each year,]

2-34 hold a public hearing to receive [the public’s comments on a plan for the

2-35 proposed use and distribution of the federal allotment anticipated for the

2-36 next federal fiscal year. The plan must provide for:

2-37 (a) The intended use and distribution of the federal allotment for the

2-38 next federal fiscal year and any unexpended money from the current

2-39 federal fiscal year; and

2-40 (b) Procedures for the review by the director and eligible entities of

2-41 applications and plans for work submitted by authorized agencies.

2-42 2. The procedures established pursuant to paragraph (b) of subsection

2-43 1 must provide an authorized agency with the opportunity to make a

2-44 presentation regarding its proposal to the appropriate eligible entity making

2-45 recommendations to the director on the distribution of the federal

2-46 allotment.

2-47 3.] public comment on each proposed plan for the statewide use and

2-48 distribution of the money to be provided through the Community Services

2-49 Block Grant Act.

3-1 4. After reviewing the comments made at the public [hearing]

3-2 hearings held pursuant to [subsection 1,] subsections 2 and 3, the director

3-3 shall prepare the final plan for the statewide use and distribution of the

3-4 [anticipated allotment] money to be provided through the Community

3-5 Services Block Grant Act and file a copy of the plan with the interim

3-6 finance committee.

3-7 [4.] 5. The proposed distribution of the portion of [the] each allotment

3-8 set aside for eligible entities must allocate, as nearly as practicable:

3-9 (a) A base amount for each [:

3-10 (1) Community] community action agency which was authorized

3-11 pursuant to 42 U.S.C. § 2790 [; and

3-12 (2) Limited purpose agency which was authorized pursuant to 42

3-13 U.S.C. § 2808,

3-14 for the federal fiscal year 1981 and which has been recertified for the next]

3-15 before that section was repealed and which received money from the

3-16 allotment for the previous federal fiscal year;

3-17 (b) A uniform base amount for each of the other eligible entities in the

3-18 state; and

3-19 (c) The remainder among all eligible entities based on the comparative

3-20 number of persons in the respective counties whose income is at or below

3-21 the federally designated level signifying poverty.

3-22 [5.] 6. To apply for a grant, an eligible entity must submit an

3-23 application to the director in the manner established by the director. The

3-24 application must include a detailed description of the proposed use of the

3-25 grant.

3-26 [6.] 7. The director shall provide for assistance and instruction for all

3-27 potential applicants, including eligible entities, in the preparation of

3-28 applications and the requirements related to the use of the grants.

3-29 Sec. 4. NRS 428.385 is hereby amended to read as follows:

3-30 428.385 1. The director shall establish a procedure for the review of

3-31 applications by eligible entities and criteria for their approval or denial.

3-32 2. [In determining which applications for money by authorized

3-33 agencies to approve, an ] An eligible entity may distribute money provided

3-34 through the Community Services Block Grant Act to another entity to

3-35 support the program of that entity for the amelioration of the causes of

3-36 poverty within this state. In distributing such money, the eligible entity

3-37 shall consider [whether the proposed] :

3-38 (a) Whether the program:

3-39 [(a)] (1) Is compatible with any local plan to ameliorate the causes of

3-40 poverty in that community;

3-41 [(b)] (2) Is compatible with any long-range plan by the state to

3-42 ameliorate the causes of poverty within the state;

3-43 [(c)] (3) Meets the federal criteria for eligibility; and

3-44 [(d)] (4) May assist participants who have low incomes to achieve self-

3-45 sufficiency; and

3-46 [(e)] (b) Any other factors determined by the eligible entity to be in the

3-47 best interest of persons who have low incomes in its area of service and

3-48 which are compatible with the purposes and requirements of the

3-49 Community Services Block Grant Act. [(42 U.S.C. §§ 9901 et seq.).]

4-1 3. The director shall establish procedures to:

4-2 (a) Respond to individual inquiries and complaints regarding the

4-3 distribution of the federal allotment; and

4-4 (b) Resolve conflicts regarding the approval of applications and the

4-5 operation of approved programs.

4-6 Sec. 5. This act becomes effective on July 1, 2001.

4-7 H