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

 

CHAPTER..........

 

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:

 

   Section 1. NRS 428.355 is hereby amended to read as follows:

   428.355  As used in NRS 428.355 to 428.395, inclusive[:

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

subdivision known as a delegate agency having a formal agreement with an

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

context otherwise requires:

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

forth in 42 U.S.C. §§ 9901 et seq.

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

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

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

[§§ 9901 et seq. to receive grants.] § 9902.

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

   428.365  1.  The director shall administer any federal allotment

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

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

within this state.

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

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

department of human resources during the previous federal fiscal year and

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

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

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

expenses of the department of human resources relating to the allotment.

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

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

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

allotment in any manner not inconsistent with the terms of the federal

grant.

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

not expended before the end of the year of the grant may be redistributed

by the eligible entity with the approval of the director.]

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

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

the director, who may:

   (a) Grant the money to an eligible entity;

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

entity; or

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

may be recaptured and redistributed by the director to the extent and in

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

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

   428.375  1.  The director, after consulting with eligible entities, shall

develop a plan for the statewide use and distribution of the money to be

provided through the Community Services Block Grant Act as set forth in

42 U.S.C. § 9908.

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

public comment on each proposed plan for the statewide use and

distribution of the money to be provided through the Community Services

Block Grant Act.

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

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

proposed use and distribution of the federal allotment anticipated for the

next federal fiscal year. The plan must provide for:

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

next federal fiscal year and any unexpended money from the current

federal fiscal year; and

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

applications and plans for work submitted by authorized agencies.

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

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

presentation regarding its proposal to the appropriate eligible entity making

recommendations to the director on the distribution of the federal

allotment.

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

distribution of the money to be provided through the Community Services

Block Grant Act.

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

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

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

[anticipated allotment] money to be provided through the Community

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

finance committee.

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

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

   (a) A base amount for each[:

     (1) Community] community action agency which was authorized

pursuant to 42 U.S.C. § 2790[; and

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

U.S.C. § 2808,

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

before that section was repealed and which received money from the

allotment for the previous federal fiscal year;

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

state; and

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

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

the federally designated level signifying poverty.

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

application to the director in the manner established by the director. The

application must include a detailed description of the proposed use of the

grant.

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

potential applicants, including eligible entities, in the preparation of

applications and the requirements related to the use of the grants.

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

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

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

   2.  [In determining which applications for money by authorized

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

through the Community Services Block Grant Act to another entity to

support the program of that entity for the amelioration of the causes of

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

shall consider [whether the proposed] :

   (a) Whether the program:

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

poverty in that community;

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

ameliorate the causes of poverty within the state;

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

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

sufficiency; and

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

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

which are compatible with the purposes and requirements of the

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

   3.  The director shall establish procedures to:

   (a) Respond to individual inquiries and complaints regarding the

distribution of the federal allotment; and

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

operation of approved programs.

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

 

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