Assembly Bill No. 607-Committee on Ways and Means

CHAPTER

609

AN ACT relating to the division of child and family services of the department of human resources; creating certain revolving accounts for the use of the division; providing for the use of the money in the revolving accounts; merging certain gift accounts in the department of human resources' gift fund; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 423.010 is hereby amended to read as follows:
423.010 As used in this chapter:
1. "Administrator" means the administrator of the division . [of child and family services in the department.]
2. "Department" means the department of human resources.
3. "Director" means the director of the department.
4. "Division" means the division of child and family services of the department.
5. "Superintendent" means the superintendent of the northern Nevada children's home or the superintendent of the southern Nevada children's home.
Sec. 2. NRS 423.130 is hereby amended to read as follows:
423.130 1. All gifts of money [which the northern Nevada children's home] that the division is authorized to accept must be deposited in the [state treasury to the credit of the northern] Nevada children's [home's] gift account in the department of human resources' gift fund.
2. [All gifts of money which the southern Nevada children's home is authorized to accept must be deposited in the state treasury to the credit of the southern Nevada children's home's gift account in the department of human resources' gift fund.
3. Except as otherwise provided in NRS 423.135, money] Money in the gift [accounts] account may be used [:
(a) For children's home purposes; and
(b) To] to benefit the children to whom shelter and care is provided [under a contract entered into pursuant to NRS 423.147.] by the division. Each gift must be expended in accordance with the terms of the gift.
3. The interest and income earned on the money in the Nevada Children's gift account, after deducting any applicable charges, must be credited to the gift account.
4. The division may transfer each fiscal year from the Nevada children's gift account to the Nevada children's gift revolving account created pursuant to NRS 423.135 an amount not to exceed the amount of interest and income earned for that fiscal year on the money in the Nevada children's gift account.
[4.] 5. Each claim against the [northern] Nevada children's [home or the southern Nevada children's home] gift account must be approved by the [superintendent of the home to which it pertains] administrator or his designee before it is paid.
Sec. 3. NRS 423.135 is hereby amended to read as follows:
423.135 1. The [interest and income earned on money in the northern] Nevada children's [home's] gift revolving account [and the southern Nevada children's home's gift account deposited pursuant to NRS 423.130] is hereby created. All money in the Nevada children's gift revolving account must be deposited in a financial institution qualified to receive deposits of public money and must be secured with a depository bond that is satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation.
2. The money in the Nevada children's gift revolving account may be distributed by the division to foster parents, upon request, on the basis of need, to pay the costs associated with participation by a child in foster care in intramural, recreational, social, school and sports-related activities, including, but not limited to, uniforms and equipment, the rental of musical instruments, registration fees and art lessons.
[2.] 3. All requests for distributions of money [pursuant to subsection 1] from the Nevada children's gift revolving account must be made to the division in writing. The person making the request must demonstrate that all other resources for money to pay for the activity have been exhausted.
[3.] 4. The division [:
(a) Shall not distribute more than $25,000 per year pursuant to this section.
(b) Shall] shall develop policies for the administration of this [program.] section.
5. Purchases made by the division pursuant to this section are exempt from the provisions of the State Purchasing Act.
6. The balance in the Nevada children's gift revolving account must be carried forward at the end of each fiscal year.
Sec. 4. Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created the placement prevention revolving account in the amount of $25,000 to be used for the payment of claims of recipients of goods or services from the division and vendors providing goods or services to those recipients pursuant to procedures established by the division.
2. Upon written request from the administrator, the state controller shall draw his warrant from money already authorized for the use of the division in the sum of $25,000. When the warrant is paid, the administrator shall deposit the money in a financial institution qualified to receive deposits of public money. All money deposited in the placement prevention revolving account pursuant to this section must be secured with a depository bond that is satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation.
3. After an expenditure of money from the placement prevention revolving account, the administrator shall present a claim to the state board of examiners to maintain a balance of $25,000. If the claim is approved by the state board of examiners, the state controller shall draw his warrant from money already authorized for the use of the division in the amount of the claim in favor of the placement prevention revolving account, and the state treasurer shall pay the warrant.
4. Money in the placement prevention revolving account does not revert to the state general fund at the end of the fiscal year, and the balance in the account must be carried forward.
5. Purchases made by the division pursuant to this section are exempt from the State Purchasing Act.
Sec. 5. The state treasurer shall transfer to the Nevada children's gift account in the department of human resources' gift fund created pursuant to NRS 423.130 the balance remaining at the close of the fiscal year ending June 30, 1997, in:
1. The northern Nevada children's home's gift account in the department of human resources' gift fund; and
2. The southern Nevada children's home's gift account in the department of human resources' gift fund.
Sec. 6. This act becomes effective on July 1, 1997.
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