(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

 

~

 

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

 

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, after consulting with eligible entities, shall

2-27  develop a plan for the statewide use and distribution of the money to be

2-28  provided through the Community Services Block Grant Act as set forth in

2-29  42 U.S.C. § 9908.

2-30    2.  The director shall hold at least one public hearing to receive

2-31  public comment on each proposed plan for the statewide use and

2-32  distribution of the money to be provided through the Community Services

2-33  Block Grant Act.

2-34    3.  The interim finance committee shall[, before June 1 of each year,]

2-35  hold a public hearing to receive [the public’s comments on a plan for the

2-36  proposed use and distribution of the federal allotment anticipated for the

2-37  next federal fiscal year. The plan must provide for:

2-38    (a) The intended use and distribution of the federal allotment for the

2-39  next federal fiscal year and any unexpended money from the current

2-40  federal fiscal year; and

2-41    (b) Procedures for the review by the director and eligible entities of

2-42  applications and plans for work submitted by authorized agencies.

2-43    2.  The procedures established pursuant to paragraph (b) of subsection

2-44  1 must provide an authorized agency with the opportunity to make a

2-45  presentation regarding its proposal to the appropriate eligible entity making

2-46  recommendations to the director on the distribution of the federal

2-47  allotment.

3-1    3.] public comment on each proposed plan for the statewide use and

3-2  distribution of the money to be provided through the Community Services

3-3  Block Grant Act.

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

3-5  hearings held pursuant to [subsection 1,] subsections 2 and 3, the director

3-6  shall prepare the final plan for the statewide use and distribution of the

3-7  [anticipated allotment] money to be provided through the Community

3-8  Services Block Grant Act and file a copy of the plan with the interim

3-9  finance committee.

3-10    [4.] 5. The proposed distribution of the portion of [the] each allotment

3-11  set aside for eligible entities must allocate, as nearly as practicable:

3-12    (a) A base amount for each[:

3-13      (1) Community] community action agency which was authorized

3-14  pursuant to 42 U.S.C. § 2790[; and

3-15      (2) Limited purpose agency which was authorized pursuant to 42

3-16  U.S.C. § 2808,

3-17  for the federal fiscal year 1981 and which has been recertified for the next]

3-18  before that section was repealed and which received money from the

3-19  allotment for the previous federal fiscal year;

3-20    (b) A uniform base amount for each of the other eligible entities in the

3-21  state; and

3-22    (c) The remainder among all eligible entities based on the comparative

3-23  number of persons in the respective counties whose income is at or below

3-24  the federally designated level signifying poverty.

3-25    [5.] 6.  To apply for a grant, an eligible entity must submit an

3-26  application to the director in the manner established by the director. The

3-27  application must include a detailed description of the proposed use of the

3-28  grant.

3-29    [6.] 7.  The director shall provide for assistance and instruction for all

3-30  potential applicants, including eligible entities, in the preparation of

3-31  applications and the requirements related to the use of the grants.

3-32    Sec. 4.  NRS 428.385 is hereby amended to read as follows:

3-33    428.385  1.  The director shall establish a procedure for the review of

3-34  applications by eligible entities and criteria for their approval or denial.

3-35    2.  [In determining which applications for money by authorized

3-36  agencies to approve, an ] An eligible entity may distribute money provided

3-37  through the Community Services Block Grant Act to another entity to

3-38  support the program of that entity for the amelioration of the causes of

3-39  poverty within this state. In distributing such money, the eligible entity

3-40  shall consider [whether the proposed] :

3-41    (a) Whether the program:

3-42    [(a)] (1) Is compatible with any local plan to ameliorate the causes of

3-43  poverty in that community;

3-44    [(b)] (2) Is compatible with any long-range plan by the state to

3-45  ameliorate the causes of poverty within the state;

3-46    [(c)] (3) Meets the federal criteria for eligibility; and

3-47    [(d)] (4) May assist participants who have low incomes to achieve self-

3-48  sufficiency; and

4-1    [(e)] (b) Any other factors determined by the eligible entity to be in the

4-2  best interest of persons who have low incomes in its area of service and

4-3  which are compatible with the purposes and requirements of the

4-4  Community Services Block Grant Act.  [(42 U.S.C. §§ 9901 et seq.).]

4-5    3.  The director shall establish procedures to:

4-6    (a) Respond to individual inquiries and complaints regarding the

4-7  distribution of the federal allotment; and

4-8    (b) Resolve conflicts regarding the approval of applications and the

4-9  operation of approved programs.

4-10    Sec. 5.  This act becomes effective on July 1, 2001.

 

4-11  H