SB 3

                    Senate Bill No. 3–Select Committee
                          on Health and Wellness
                                CHAPTER..........
AN ACT relating to public assistance; establishing the Silver State
    General Assistance Program within the Division of Social
    Services of the Department of Human Services; setting forth
    the powers and duties of the Administrator of the Division
    relating to the Program; creating the Account for the Silver
    State General Assistance Program; authorizing a transfer to
    that Account from the unrestricted balance of the State
    General Fund under certain circumstances; and providing
    other matters properly relating thereto.
Legislative Counsel’s Digest:
     Existing law requires the Division of Social Services of the Department of
Human Services to administer various programs of public assistance. (Chapter
422A of NRS) Sections 2-9 of this bill establish the Silver State General Assistance
Program within the Division to provide temporary financial or in-kind assistance to
eligible persons and households who are experiencing an extraordinary
circumstance. Section 3 defines “extraordinary circumstance” as an event,
condition or situation that creates an unusual or significant need for State
intervention to protect the health, safety or general welfare of the residents of this
State, including a disruption in the provision of, suspension of or any related
reduction in benefits provided under a program of public assistance. Section 6
requires the Administrator of the Division to administer the Program within the
limitations of available money.
     Section 7 prescribes requirements relating to eligibility for assistance under the
Program and requires the adoption of regulations for the administration of the
Program. Under existing law, the adoption of such regulations is exempt from
the Nevada Administrative Procedure Act. (NRS 233B.039) However, the
Administrator is required to comply with a procedure set forth in existing law for
adopting regulations for programs administered by the Division, which includes 30
days’ notice of the intended adoption. (NRS 422A.190) Sections 7 and 13 of this
bill exempt the Administrator from this procedure when adopting regulations for
the administration of the Program under certain circumstances, but require such
advance notice of such regulations as is practicable and the posting of the notice
and regulations on the Internet website of the Division.
     Section 8 sets forth certain powers of the Administrator relating to the
Program. Section 9 makes certain information obtained by the Division in
the administration of the Program confidential. Section 9 also requires the
Administrator to submit an annual report regarding the Program. Section 12 of this
bill makes a conforming change relating to the confidentiality of certain
information obtained during the administration of the Program.
     Section 10 of this bill creates the Account for the Silver State General
Assistance Program in the State General Fund for the deposit of money received for
the Program. Section 11 of this bill provides a procedure for the transfer of money
from the unrestricted balance of the State General Fund to the Account for the
provision of assistance under the Program for an extraordinary circumstance if
there is a specified minimum balance remaining in the State General Fund after the
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transfer and the Governor has declared the existence of the extraordinary
circumstance.
 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
   THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
      SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
    Section 1. Chapter 422A of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 to 11, inclusive,
of this act.
    Sec. 2. As used in sections 2 to 11, inclusive, of this act,
unless the context otherwise requires, the words and terms defined
in sections 3, 4 and 5 of this act have the meanings ascribed to
them in those sections.
    Sec. 3. “Extraordinary circumstance” means an event,
condition or situation that creates an unusual or significant need
for intervention by this State to protect the health, safety or
general welfare of residents of this State, including, without
limitation, a disruption in the provision of, suspension of or any
related reduction in benefits provided under a program of public
assistance that is funded by federal or state money.
    Sec. 4. “Household” has the meaning ascribed to it in
NRS 422A.515.
    Sec. 5. “Program” means the Silver State General Assistance
Program established pursuant to section 6 of this act.
    Sec. 6. 1. The Silver State General Assistance Program is
hereby established within the Division to provide to eligible
persons and households who are experiencing an extraordinary
circumstance:
    (a) Temporary financial assistance, including, without
limitation, cash, electronic benefits and vouchers; or
    (b) Temporary in-kind assistance,
 or both.
    2. The Administrator shall administer the Program within the
limitations of available money.
    Sec. 7. 1. For purposes of the Program:
    (a) A person or household who is determined to be eligible for
any means-tested program of public assistance administered by the
Division or funded by federal or state money, including, without
limitation, Supplemental Nutrition Assistance, Temporary
Assistance for Needy Families, Low-Income Home Energy
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Assistance and Medicaid, shall be deemed to be presumptively
eligible for assistance under the Program; and
    (b) Any application signed and submitted by a person or
household for such a means-tested program of public assistance
shall be considered to be jointly processed for the purpose of
determining eligibility for the Program.
    2. The Administrator shall establish by regulation the criteria
for eligibility for assistance under the Program for each
extraordinary circumstance based on the type of extraordinary
circumstance and available money. Such criteria may:
    (a) Make ineligible for assistance for a particular
extraordinary circumstance persons who are presumptively
eligible for assistance under the Program pursuant to
subsection 1.
    (b) Make eligible for assistance for a particular extraordinary
circumstance persons who are not presumptively eligible for
assistance under the Program pursuant to subsection 1.
    3. In addition to the regulations required to be adopted
pursuant to subsection 2, the Administrator shall adopt:
    (a) Regulations prescribing procedures governing applications
for assistance, determination of eligibility for assistance and the
issuance of assistance under the Program, including, without
limitation, procedures for the joint processing of applications for
assistance under the Program with applications for other
programs of public assistance.
    (b) Regulations prescribing the duration and frequency of the
provision of assistance under the Program.
    (c) Regulations governing the confidentiality and disclosure of
information received from an applicant for or recipient of
assistance under the Program and the custody, use and
preservation of any records, files and communications filed with
the Division concerning the Program.
    (d) Any other regulations necessary for the administration of
the Program.
    4. The Administrator may adopt regulations pursuant to this
section without complying with the provisions of NRS 422A.190 if
the Administrator determines that the extraordinary circumstance
requires expeditious action. If the Administrator makes such a
determination, the Administrator shall provide as much advance
notice of such regulations as he or she determines is practicable
under the circumstances. As soon as practicable after the
provision of such notice or the adoption of such regulations, the
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                                –4–
notice or regulations, as applicable, must be posted on the Internet
website of the Division.
    Sec. 8. The Administrator may:
    1. Enter into a contract with public or private entities, or
both, to perform administrative or service functions under the
Program.
    2. Use information and systems maintained by the Division or
by means-tested programs of public assistance funded by federal
or state money, including, without limitation, Supplemental
Nutrition Assistance, Temporary Assistance for Needy Families,
Low-Income Home Energy Assistance and Medicaid, for the
purpose of determining or verifying eligibility for assistance under
the Program. The Administrator shall ensure that any use or
disclosure of information pursuant to this subsection complies
with all applicable requirements under federal or state law.
    3. Accept any gift, grant, donation or other source of money
to support the Program.
    4. Take any other action necessary to carry out the Program.
    Sec. 9. 1. Information concerning an applicant or recipient
of assistance under the Program that is obtained by the Division in
the administration of the Program is confidential and may be used
or disclosed only as authorized under federal or state law.
    2. On or before September 30 of each year, the Administrator
shall submit a report to the Director of the Department and the
Director of the Legislative Counsel Bureau for transmittal to
the Interim Finance Committee concerning the activities of the
Program during the immediately preceding fiscal year and any
recommendations for legislation relating to the Program.
    Sec. 10. 1. The Account for the Silver State General
Assistance Program is hereby created in the State General Fund.
The Division shall administer the Account.
    2. Money received for the Program, including, without
limitation:
    (a) A direct legislative appropriation to the Account;
    (b) A transfer from the unrestricted balance of the State
General Fund pursuant to section 11 of this act; and
    (c) A grant, gift or donation to the Account,
 must be deposited in the Account.
    3. The money in the Account must only be used to carry out
the Program.
    4. Except as otherwise provided in subsection 5 or required as
a condition for the use of the money, the balance remaining in the
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                                 –5–
Account that has not been committed for expenditure on or before
June 30 of a fiscal year reverts to the State General Fund.
    5. All money received from a grant, gift or donation to the
Account:
    (a) Must be accounted for separately in the Account;
    (b) Must be expended in accordance with the terms of the gift,
grant or donation; and
    (c) Does not revert to the State General Fund and must be
carried over into the next fiscal year.
    Sec. 11. 1. The Director of the Office of Finance in the
Office of the Governor may submit a request to the State Board of
Examiners to transfer money from the unrestricted balance of the
State General Fund to the Account for the Silver State General
Assistance Program created by section 10 of this act if:
    (a) The Director determines that such a transfer will not cause
the projected ending balance of the State General Fund for the
fiscal year in which the transfer is requested to be made to be less
than 5 percent of the total of all proposed appropriations from the
State General Fund for the operation of all departments,
institutions and agencies of the State Government and authorized
expenditures from the State General Fund for the regulation of
gaming for that fiscal year; and
    (b) The Governor has declared that an extraordinary
circumstance exists.
    2. The State Board of Examiners shall consider a request
made pursuant to subsection 1 and shall, if it finds that a transfer
should be made, recommend the amount of the transfer to the
Interim Finance Committee for its independent evaluation and
action. The Interim Finance Committee is not bound to follow the
recommendation of the State Board of Examiners.
    3. If the Interim Finance Committee finds that a transfer
recommended by the State Board of Examiners should and may
lawfully be made, the Committee shall by resolution establish the
amount and direct the State Controller to transfer that amount to
the Account for the Silver State General Assistance Program. The
State Controller shall thereupon make the transfer.
    4. Money transferred pursuant to this section to the Account
for the Silver State General Assistance Program is a continuing
appropriation solely for the purpose of authorizing the
expenditure of the transferred money for the provision of
assistance under the Program for the extraordinary circumstance.
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                               –6–
   Sec. 12. NRS 239.010 is hereby amended to read as follows:
   239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.703, 90.730, 91.160, 116.757,
116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267,
119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382,
120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161,
126.163, 126.730, 127.130, 127.2817, 127A.160, 127A.230,
127B.370, 127B.750, 127E.120, 128.090, 130.312, 130.712,
136.050, 159.044, 159A.044, 164.041, 172.075, 172.245,
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156,
176A.630, 178.4715, 178.5691, 178.5717, 179.495, 179A.070,
179A.165, 179D.160, 180.600, 200.3771, 200.3772, 200.5095,
200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925,
209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095,
213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218F.150,
218G.130, 218G.240, 218G.350, 218G.615, 223.250, 226.462,
226.796, 228.270, 228.380, 228.450, 228.495, 228.570, 231.069,
231.1285, 231.1473, 232.1369, 232.49925, 233.190, 237.300,
239.0105, 239.0113, 239.014, 239B.026, 239B.027, 239B.030,
239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250,
239C.270, 239C.420, 240.007, 240A.260, 241.020, 241.030,
241.039, 242.105, 242.1289, 242.129, 244.264, 244.335, 244.3635,
247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140,
250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174,
271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685,
281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110,
286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855,
293.5002, 293.503, 293.504, 293.558, 293.57697, 293.870, 293.906,
293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061,
332.351, 333.333, 333.335, 338.070, 338.1379, 338.1571, 338.1593,
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205,
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240,
360.247, 360.255, 360.755, 360.889, 360.890, 360.945, 360.950,
361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257,
370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008,
379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455,
388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249,
391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147,
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                               –7–
392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335,
392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460,
394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405,
396.525, 396.535, 396.9685, 398.310, 398A.115, 408.3885,
408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070,
422.2749, 422.305, 422A.342, 422A.350, 422A.6772, 425.400,
427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175,
432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560,
432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941,
439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124,
439B.2839, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245,
449A.112, 449B.180, 449B.480, 449B.580, 450.140, 450B.188,
450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866,
459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240,
463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 481.063,
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363,
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833,
484E.070, 485.316, 489.431, 501.344, 503.452, 522.040, 534A.031,
561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110,
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710,
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315,
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137,
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671,
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327,
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415,
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716,
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169,
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085,
637.145, 637B.192, 637B.248, 637B.288, 638.087, 638.089,
639.183, 639.2485, 639.570, 640.075, 640.152, 640.154, 640A.185,
640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620,
640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340,
641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262,
641A.305, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760,
641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180,
645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220,
645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330,
647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126,
652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130,
665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415,
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                                 –8–
673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243,
678A.470, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159,
679B.190, 679B.285, 679B.480, 679B.690, 680A.270, 681A.440,
681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289,
686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010,
688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190,
692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420,
693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325,
706.1725, 706A.230, 710.159, 711.600, and section 9 of this act,
sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and
section 2 of chapter 391, Statutes of Nevada 2013 and unless
otherwise declared by law to be confidential, all public books and
public records of a governmental entity must be open at all times
during office hours to inspection by any person, and may be fully
copied or an abstract or memorandum may be prepared from those
public books and public records. Any such copies, abstracts or
memoranda may be used to supply the general public with copies,
abstracts or memoranda of the records or may be used in any other
way to the advantage of the governmental entity or of the general
public. This section does not supersede or in any manner affect the
federal laws governing copyrights or enlarge, diminish or affect in
any other manner the rights of a person in any written book or
record which is copyrighted pursuant to federal law.
   2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
   3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the information
included in the public book or record that is not otherwise
confidential.
   4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
   (a) The public record:
       (1) Was not created or prepared in an electronic format; and
       (2) Is not available in an electronic format; or
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    (b) Providing the public record in an electronic format or by
means of an electronic medium would:
       (1) Give access to proprietary software; or
       (2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
    5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
    (a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different
medium.
    (b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not require
the person who has requested the copy to prepare the copy himself
or herself.
    Sec. 13. NRS 422A.190 is hereby amended to read as follows:
    422A.190 Except as otherwise provided in section 7 of this
act:
    1. Before adopting, amending or repealing any regulation for
the administration of a program of public assistance or any other
program for which the Division is responsible, the Administrator
must give at least 30 days’ notice of the intended action.
    2. The notice of intent to act upon a regulation must:
    (a) Include a statement of the need for and purpose of the
proposed regulation, and either the terms or substance of the
proposed regulation or a description of the subjects and issues
involved, and of the time when, the place where and the manner in
which interested persons may present their views thereon.
    (b) Include a statement identifying the entities that may be
financially affected by the proposed regulation and the potential
financial impact, if any, upon local government.
    (c) State each address at which the text of the proposed
regulation may be inspected and copied.
    (d) Be mailed to all persons who have requested in writing that
they be placed upon a mailing list, which must be kept by the
Administrator for that purpose.
    3. All interested persons must be afforded a reasonable
opportunity to submit data, views or arguments upon a proposed
regulation, orally or in writing. The Administrator shall consider
fully all oral and written submissions relating to the proposed
regulation.
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                                  – 10 –
   4. The Administrator shall keep, retain and make available for
public inspection written minutes and an audio recording or
transcript of each public hearing held pursuant to this section in the
manner provided in NRS 241.035. A copy of the minutes or audio
recordings must be made available to a member of the public upon
request at no charge pursuant to NRS 241.035.
   5. No objection to any regulation on the ground of
noncompliance with the procedural requirements of this section may
be made more than 2 years after its effective date.
   Secs. 14 and 15. (Deleted by amendment.)
   Sec. 16. Notwithstanding the provisions of NRS 218D.430 and
218D.435, a committee may vote on this act before the expiration of
the period prescribed for the return of a fiscal note in NRS
218D.475. This section applies retroactively from and after
November 13, 2025.
   Sec. 17. The provisions of NRS 218D.380 do not apply to any
provision of this act which adds or revises a requirement to submit a
report to the Legislature.
   Sec. 18. This act becomes effective upon passage and
approval.
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