AB 445 — Revises provisions relating to financial administration. (BDR 18-862)

Sections 28 and 34 of this bill revise the duties of the Council to require the Council, beginning on July 1, 2022, to:

Sections 29.6, 29.63 and 29.67 of this bill make appropriations to implement the provisions of this bill.

- 81st Session (2021) – 3 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

“Federal assistance” means money, equipment, material or services that may be available to a state agency, local agency, tribal government or nonprofit organization from any agencyfederal orprogram.ity authority of the Federal Government pursuant to a federalSec. program.

Sec.

- *AB445_R1* – 4 – 3.

(a) Methods for expanding opportunities for obtaining federal assistance, including, without limitation, expanding opportunities for obtaining matching funds for federal assistance through the Nevada Grant Matching Program created by section 11 of this act;

- 81st Session (2021) – 4 – (b) Methods for streamlining process, regulatory, structural and other barriers to the acquisition of federal assistance that exist at each level of federal, state or local government;

(c) Methods for the effective administration of grants, including,cost withoutallocation;ut limitation, best practices relating to indirect cost(d) allocation;Opportunities for:

(d) Opportunities for:

As used in sections 10 to 15, inclusive, of this act, unless the context otherwise requires, “Program” means the NevadaNevSec. Grant Matching Program created by section 11 of this act.

Sec.

1.The Nevada Grant Matching Program is herebythis act.

The Nevada Grant Matching Program is hereby created within the Office.

(a) Allow state agencies, local agencies, tribal governments and nonprofit organizations to request grants from the Grant Matching Fund created by section 12 of this act for the purpose of satisfying the matching funds requirement for a federal grant;

- *AB445_R1* – 5 – (b) Provide a clear, streamlined and timely process for state agencies, local agencies, tribal governments and nonprofit organizations to apply for matching funds for a specific federal grant and receive a prompt decision from the Director;

and (c) Prioritize grants that:

(1) Add services to constituents;

(2) Align with the documented priorities of the state agency, local agency, tribal government or nonprofit organization;

(3) Address the needs of underserved or frontier communities;

(4) Help state agencies, local agencies, tribal governments and nonprofit organizations build capacity for future grant opportunities;

and (5) Enable a state agency, local agency, tribal government or nonprofit organization to sustain the grant in its next budget.

Sec.

12.

TheAllow state agencies, local agencies, tribal governments and nonprofit organizations to request grants from the Grant Matching FundAccount iscreated herebyby createdsection as12 aof trustthis fundact infor the Statepurpose Treasury.of satisfying the matching funds requirement for a federal grant;

The Office shall administer the Grant Matching Fund.

Provide a clear, streamlined and timely process for state agencies, local agencies, tribal governments and nonprofit organizations to apply for matching funds for a specific federal grant and receive a prompt decision from the Director;

and 3.

Prioritize grants that:

(a) Add services to constituents;

(b) Align with the documented priorities of the state agency, local agency, tribal government or nonprofit organization;

(c) Address the needs of underserved or frontier communities;

- 81st Session (2021) – 5 – (d) Help state agencies, local agencies, tribal governments and nonprofit organizations build capacity for future grant opportunities;

and (e) Enable a state agency, local agency, tribal government or nonSec.

12.

1.nizaThe Grant Matching Account is hereby created.

in the State General Fund.

The Office shall administer the Grant Matching Account.

2.

(a) A direct legislative appropriation to the Grant Matching Fund;Account;

and (c) A grant, gift or donation to the Grant Matching Fund,Account,  must be deposited in the Grant Matching Fund.Account.

The interest and income earned on the money in the Grant Matching FundAccount must be credited to the Grant Matching Fund.Account.

TheExcept Officeas mayotherwise useprovided notin moresubsection than4, 10 percent of the amountbalance depositedremaining in the Grant Matching FundAccount tothat payhas administrativenot andbeen personnelcommitted costs.for expenditure on or before June 30 of an odd- numbered fiscal year reverts to the State General Fund.

ExceptAll asmoney otherwisereceived providedfrom ina subsectiongrant, 5,gift theor balancedonation remainingto in the Grant Matching FundAccount: that has not been committed for expenditure on or before June 30 of an odd- numbered fiscal year reverts to the State General Fund.

5.(a) Must be accounted for separately in the Account;

All money received from a grant, gift or donation to the Grant Matching Fund:

(a) Must be accounted for separately in the Fund;

and (c) Does not revert to the State General Fund and must be carriedcarSec. over into the next fiscal year.

Sec.

1.1.nto The Director shall consult with the Nevada Advisory Council on Federal Assistance created by NRS 358.020, grant professionals employed by the State and other grant experts to develop:

The(a) DirectorA shallprocess consultfor: with the Nevada Advisory Council on Federal Assistance created by NRS 358.020, grant professionals employed by the State and other grant experts to develop:

- *AB445_R1* – 6 – (a) A process for:

- 81st Session (2021) – 6 – Sec.

To be eligible for a grant from the Grant Matching FundAccount created by section 12 of this act, a state agency, local agency, tribal government or nonprofit organization must:

(a) It is pursuing a bona fide federal grant for which it is eligible;

is pursuing a bona fide federal grant for which it is (b) It attempted but was unable to secure adequate matching funding through its own budget or in-kind resources;

and (e) The grant will provide not less than $2 for each $1 received from the Grant Matching Fund.Account.

The number and purpose of grant requests approved and the amount of money awarded from the Grant Matching FundAccount created by section 12 of this act to each approved grant request applicant;

and 3.grant applicant as a result of receiving money from the Grant Matching Account.

The amount of federal grant funding received by each grant applicant as a result of receiving money from the Grant Matching Fund.

The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, - *AB445_R1* – 7 – including, without limitation, the Office of Economic Development, the Office of Federal Assistance, the Office of Science, Innovation and Technology, the Office of the Western Regional Education Compact, the Office of Workforce Innovation and the Governor’s mansion.

- 81st Session (2021) – 7 – 2.

(a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose;pur(b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.

and (b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.

(e) Administrative Services Division.

- *AB445_R1* – 8 – 1.

- 81st Session (2021) – 8 – (f) Division of Enterprise Information Technology Services;

[(h) Office of Grant Procurement, Coordination and Management;] and [(i)]2.i)]Shall, (h)with Fleetthe Servicesconcurrence Division.of the Governor and the Committee to Administer the Public Employees’ Deferred Compensation Program, appoint the Executive Officer of the Public Employees’ Deferred Compensation Program.

2.

Shall, with the concurrence of the Governor and the Committee to Administer the Public Employees’ Deferred Compensation Program, appoint the Executive Officer of the Public Employees’ Deferred Compensation Program.

(c) The Administrative Services Division;

The Executive Officer of the Public Employees’ Deferred Compensation Program appointed pursuant to NRS 232.215 is in the - *AB445_R1* – 9 – unclassified service of the State and serves at the pleasure of the Director, except that he or she may be removed by a majority vote of the Committee to Administer the Public Employees’ Deferred Compensation Program.

- 81st Session (2021) – 9 – Sec.

The [person appointed to serve as the Administrator] Governor shall appoint a Director of the Office [of Grant Procurement, Coordination and Management] who must [have:][ha(a) possess:Extensive expertise and experience in applying for and receiving [grants;] federal assistance;

(a) Extensive expertise and experience in applying for and receiving [grants;] federal assistance;

The Director is not in the classified or unclassified service of the State and serves at the pleasure of the Governor.

232.223 1.[1.] The [Administrator of the Office of Grant Procurement, Coordination and Management] Director shall, within the limits of money appropriated or authorized to be expended for this purpose, employ such persons in the classified or unclassified service of the State as he or she deems necessary to [serve in the classified or unclassified service of the State for the purposes set forth in this section.

The [Administrator of the Office of Grant Procurement, Coordination and Management] Director shall, within the limits of money appropriated or authorized to be expended for this purpose, employ such persons as he or she deems necessary to [serve] carry out the provisions of sections 2 to 15, inclusive, of this act.

A person employed pursuant to subsectionthis 1section isshall, notunder inthe direction of the classifiedAdministrator orof unclassifiedthe serviceOffice of Grant Procurement, out the Stateprovisions [forof NRS 232.222 to 232.227, inclusive.] carry out the purposesprovisions setof forthsections in2 to 15, inclusive, of this section.act.

2.

A person employed pursuant to this section shall, under the direction of the Administrator of the Office of Grant Procurement, Coordination and Management, assist the Administrator in carrying out the provisions of NRS 232.222 to 232.227, inclusive.] and serves at the pleasure of the Director.

- *AB445_R1* – 10 – (b) [Write grants for federal funds for state agencies.

(c)- Develop81st aSession manual(2021) of– policies10 and– procedures relating to federal assistance and post the manual on the Internet website maintained by the Office;

[(f)] (h) If requested by the [director] executive head of a state agency, advise the [director and the] state agency concerning thethetate requirements for receiving and managing [grants.

and [making] (2) Making the list available on the Internet website maintainedmai(i)] byOffice;he the [Department.

(i)] Office;

and (l) On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the - *AB445_R1*81st Session (2021) – 11 – Legislature a report regarding all activity relating to the application for, receipt of and use of grants in this State.

(a) Adopt regulations to carry out the provisions of this section and(b) [Provide training on grant procurement, coordination and NRSmanagement 232.225to state agencies.] If requested by a state agency, local agency, tribal government or nonprofit organization, write grant proposals and 232.226.applications and otherwise assist such an entity in obtaining federal resources.

(b) [Provide training on grant procurement, coordination and management to state agencies.] If requested by a state agency, local agency, tribal government or nonprofit organization, write grant proposals and applications and otherwise assist such an entity in obtaining federal resources.

232.226 The Office [of Grant Procurement, Coordination and Management] may apply for and receive any gift, grant, contribution or other money from any source to carry out the provisions of NRSNRSon 232.222 to 232.227, inclusive.

The money in the Account which is donated for a purpose specified by the donor, within the scope of the duties of the [Administrator of the Office of Grant Procurement, Coordination - 81st Session (2021) – 12 – and Management,] Director, must only be used for that purpose.

If - *AB445_R1* – 12 – no purpose is specified, the money in the Account must only be used to carry out the duties of the [Administrator.] Director.

Claims against the Account must be paid as other claims againstagaSec. the State are paid.

Sec.

(d) Any costs incurred in examining the records of a holder and in collecting(e) theAny abandonedvalid property.claims filed pursuant to this chapter.

(e) Any valid claims filed pursuant to this chapter.

(b) The next $1,000,000 each year must be transferred to the Grant Matching FundAccount created by section 12 of this act.

No such claim may be satisfied from money in the Millennium Scholarship Trust Fund [.] or the Grant Matching Fund.Account.

- 81st Session (2021) – 13 – 6.

If there is an insufficient amount of money in the Account to pay any cost or charge pursuant to subsection 4 or NRS 120A.525, the State Board of Examiners may, upon the application of the - *AB445_R1* – 13 – Administrator, authorize a temporary transfer from the State General Fund to the Account of an amount necessary to pay those costs or charges.

[(f)]serve (h)on the Council on his or her behalf.name a designee to (i) The State Treasurer,Controller, who may name a designee to serve on the Council on his or her behalf.

(i) The State Controller, who may name a designee to serve on the Council on his or her behalf.

The Governor shall, to the extent practicable, collaborate to ensure that the persons appointed pursuant to paragraphs [(c), (d) - 81st Session (2021) – 14 – and] (e) , (f) and (g) of subsection 1 are representative of the urban and rural areas of this State.

5.

An appointed member of the Council:

-of *AB445_R1*the –Council: 14 – (b) Shall not serve more than three terms.

(b) Shall not serve more than three terms.

The Council consists of the following 11 members:

(b)the OneAssembly.mber member of the Assembly appointed by the Speaker of (c) One member appointed by the Assembly.Majority Leader of the Senate who represents a nonprofit organization, a local agency or a tribal government.

(c) One member appointed by the Majority Leader of the Senate who represents a nonprofit organization, a local agency or a tribal government.

- 81st Session (2021) – 15 – (i) The State Controller, who may name a designee to serve on the Council on his or her behalf.

(k) The [Administrator] Director of the Office of [Grant Procurement,Administration.] CoordinationFederal andAssistance.ment Management of the Department of Administration.]2. Federal Assistance.

2.

- *AB445_R1* – 15 – (a) Paragraphs (a) to (i), inclusive, of subsection 1 are voting members.

and (b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided forford to state officers and employees generally.

and (2) Carrying out the provisions of sections 2 to 15, inclusive, of this act, including, without limitation, any training - 81st Session (2021) – 16 – provided by the Director pursuant to subsection 2 of section NRS 223.224;

and (b) Develop legislative and executive recommendations relating to obtaining and maximizing federal assistance [.] in this State.Sta2.

2.The Council may request information from state and local agencies , tribal governments and nonprofit organizations for the purposes of advising and assisting the Director with evaluating and monitoring the success of such agencies , governments or organizations in accordance with the stated purpose of the [Council] Office pursuant to [subsection 1.] section 8 of this act.

The Council may request information from state and local agencies , tribal governments and nonprofit organizations for the purposes of advising and assisting the Director with evaluating and monitoring the success of such agencies , governments or - *AB445_R1* – 16 – organizations in accordance with the stated purpose of the [Council] Office pursuant to [subsection 1.] section 8 of this act.

(4)nonprofit Developingorganizations andto expandingachieve opportunitiescommon goals.s to work with nonprofit(5) organizationsStandards for balancing the costs to achievea commonstate goals.or local agency of maximizing eligibility for federal assistance relative to the ability of the agency to utilize effectively such federal assistance.

(5) Standards for balancing the costs to a state or local agency of maximizing eligibility for federal assistance relative to the ability of the agency to utilize effectively such federal assistance.

- 81st Session (2021) – 17 – Sec.

(a) Improve the completeness and quality of data concerning diverse demographic groups that is collected, reported and analyzed forfor(b) theIdentify purposesbarriers ofto participation in clinical trials by persons who are members of drugsdemographic groups that are underrepresented in such trials and medicalemploy devices;strategies recognized by the United States Food and Drug Administration to encourage greater participation in clinical trials by such persons;

(b)and Identify(c) barriersMake todata participationconcerning in clinical trials by persons who are members of demographic groups that areis underrepresentedcollected, inreported such trials and employanalyzed strategiesfor recognized by the Unitedpurposes Statesof Food and Drug Administration to encourage greater participation in clinical trials bymore suchavailable persons;and transparent.

and - *AB445_R1* – 17 – (c) Make data concerning demographic groups that is collected, reported and analyzed for the purposes of clinical trials more available and transparent.

(a) The Division shall review the most recent version of “Collection of Race and Ethnicity Data in Clinical Trials—Trials—Guidance Guidance for Industry and Food and Drug Administration Staff,” published by the United States Food and Drug Administration, and establish, using existing infrastructure and tools, a program to encourage participation in clinical trials of drugs and medical devices by persons who are members of demographic groups that are underrepresented in such clinical trials.

(1) Collaboration with medical facilities, health authorities and other local governmental entities, nonprofit organizations and scientific investigators and institutions that are performing research relating to drugs or medical devices to assist such investigators and institutions in identifying and recruiting persons who are members of underrepresented demographic groups to participate in clinicalclinicals trials;

(b) With the assistance of the Office of [Grant Procurement, Coordination and Management of the Department of Administration,]- Federal81st Assistance,Session the(2021) Division– shall18 apply– for grants from any source, including, without limitation, the Federal Government, to fund the program established pursuant to paragraph (a).

(d) Each state or local governmental entity that conducts clinical trials of drugs or medical devices, including, without limitation, the Board of Regents of the University of Nevada, shall adopt a policy - *AB445_R1* – 18 – concerning the identification and recruitment of persons who are members of underrepresented demographic groups to participate in those clinical trials.

Such a policy must include, without limitation, requirements that investigators who are conducting clinical trials collaborate with community-based organizations and use methods recognized by the United States Food and Drug Administration to identify and recruit such persons to participate in those clinical trials.

There is hereby created in[in the State TreasuryGrant aMatching special[Fund.] fundAccount whichin shall be designated as the GrantState MatchingGeneral Fund.

(a) A direct legislative appropriation to the Grant Matching Fund;Account;

and - 81st Session (2021) – 19 – (c) A gift, grant or donation to the Grant Matching Fund,Account,  must be deposited in the Grant Matching Fund.Account.

ExceptMoney as otherwise provided in subsection 4, money in the Grant Matching Fund[Fund [shallshall hold appropriated money in trust for the exclusive purpose of providing] Account may be used only to provide grants to state agencies, local governments, tribal governments and nonprofit organizations to satisfy federal [and nongovernmental organization] grant matching requirements and for any other purpose authorized by the Legislature.

The OfficeInterim ofFinance GrantCommittee Procurement,must Coordinationauthorize and Management of the Departmenttransfer of Administrationmoney mayfrom usethe notGrant moreMatching than[Fund] 10Account percentbefore of the amountacceptance depositedof ina thefederal Grantgrant Matchingaward Fundgreater tothan pay$150,000 administrative. and personnel costs.

-[or *AB445_R1*a –nongovernmental 19organization –grant 5.award greater than $20,000].

The5. Interim Finance Committee must authorize the transfer of money from the Grant Matching Fund before the acceptance of a federal grant award greater than $150,000 .

[orExcept aas nongovernmentalotherwise organizationprovided grantin awardsubsection greater6, thanthe $20,000.]balance 6.remaining in the Grant Matching Account that has not been committed for expenditure on or before the end of the fiscal year reverts to the State General Fund.

Except6. as otherwise provided in subsection 7, the balance remaining in the Grant Matching Fund that has not been committed for expenditure on or before the end of the fiscal year reverts to the State General Fund.

7.All money received from a grant, gift or donation to the Grant Matching Account:

All(a) moneyMust receivedbe fromaccounted afor grant,separately giftin or donation to the Grant Matching Fund:Account;

(a) Must be accounted for separately in the Grant Matching Fund;

Section 8 of chapter 575, Statutes of Nevada 2019, at page 3710,37Sec. is hereby amended to read as follows:

Sec.

29.6.

1.

There is hereby appropriated from the State General Fund to the Office of Grant Procurement, Coordination and Management of the Department of Administration the sum of $279,979 in Fiscal Year 2021-2022 for personnel and operating costs and the costs of upgrades to the grant management system related to carrying out the provisions of this act.

2.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2022, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after - 81st Session (2021) – 20 – September 16, 2022, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022.

General Fund to the Office of Federal Assistance created by section of this act the sum of $1,091,010 in Fiscal Year 2022-2023 for personnel and operating costs and the costs of upgrades to the grant management system related to carrying out the provisions of this act.

2.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

Sec.

29.67.

1.

There is hereby appropriated from the State General Fund to the Office of the State Controller for personnel costs related additional reporting of federal funding resulting from the carrying out of the provisions of this act the following sums:

For the Fiscal Year 2021-2022....................................$89,537 For the Fiscal Year 2022-2023..................................$115,772 2.

Any balance of the sums appropriated by subsection 1 committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

Sec.

As soon as practicable after the close of the Fiscal Year 2020-2021, the State Controller shall transfer $1,000,000 from the balance of the Abandoned Property Trust Account created by NRS 120A.620 atto the endGrant ofMatching FiscalAccount Year- 2020-81st 2021Session to(2021) the– Grant21 Matching– Fund created by section 1.5 of chapter 575, Statutes of Nevada 2019, at page 3708, as amended by section 29.3 of this act.

As soon as practicable on or after July 1, 2022, the State Controller shall transfer the balance of the Grant Matching FundAccount created by section 1.5 of chapter 575, Statutes of Nevada 2019, at page 3708, as amended by section 29.3 of this act, to the Grant Matching FundAccount created by section 12 of this act.

The State Controller shall change the designation of the name of the Account for the Office of Grant Procurement, Coordination and Management created pursuant to NRS 223.227, as amended by section 25 of this act, to the Account for the Office of Federal Assistance without making any transfer of the money in the Account.

- *AB445_R1* – 20 – Sec.

Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period sectionprescribed appliesfor retroactivelythe fromreturn andof aftera Marchfiscal 22,note 2021.Thisin Sec.NRS 218D.475.

This section applies retroactively from and after March 22, 2021.

Sec.

Sections 29.6, 29.63 and 29.67 of this act become effective on July 1, 2021.

4.

4.5.

H~~~~~ 21 - *AB445_R1*81st Session (2021)