Senate Bill No. 8–Joint Rules Committee

 

Prefiled June 13, 2001

____________

 

Referred to Committee of the Whole

 

SUMMARY—Revises provisions relating to state financial administration. (BDR 23‑7)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Contains Appropriation included in Executive Budget.

 

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

 

AN ACT relating to financial administration; revising the amounts paid to certain public officers and employees as allowances for certain expenses; making appropriations to the contingency fund to restore and increase the balance in the fund; making appropriations to the Interim Finance Committee to assist state agencies and school districts in paying for certain energy needs; 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 281.160 is hereby amended to read as follows:

1-2    281.160  1.  Except as otherwise provided in subsection 2 or 5, or by

1-3  specific statute, any district judge, state officer, state employee or member

1-4  of an advisory board supported in whole or in part by any public money,

1-5  whether the public money is received from the Federal Government or any

1-6  branch or agency thereof, or from private or any other sources, is entitled

1-7  to receive his expenses in the transaction of public business outside of the

1-8  municipality or other area in which his principal office is located, to be

1-9  paid at the rate of [$69] $76 for each 24-hour period during which he is

1-10  away from the office and within the state, and [$27] $26 in addition to a

1-11  reasonable room rate for each 24-hour period during which he is outside of

1-12  the state.

1-13    2.  Any person enumerated in subsection 1 is entitled to receive

1-14  expenses for a period of less than 24 hours in accordance with regulations

1-15  of the state board of examiners conforming generally to those rates.

1-16    3.  Any person enumerated in subsection 1 is entitled to receive an

1-17  allowance for transportation in the transaction of public business, whether

1-18  within or outside of the municipality or other area in which his principal

1-19  office is located. Transportation must be by the most economical means,

1-20  considering total cost, time spent in transit and the availability of state-

1-21  owned automobiles and special use vehicles. The state board of examiners,

2-1  on or before July 1 of each year, shall establish the rate of the allowance

2-2  for travel by private conveyance. The rate must equal the standard mileage

2-3  reimbursement rate for which a deduction is allowed for the purposes of

2-4  federal income tax that is in effect at the time the annual rate is established.

2-5  If a private conveyance is used for reasons of personal convenience in

2-6  transaction of state business, the allowance for travel is one-half the

2-7  established rate.

2-8    4.  The state board of examiners may establish a transportation

2-9  allowance for the use of private, special use vehicles on public business by

2-10  any person enumerated in subsection 1, whether within or outside of the

2-11  municipality or other area in which his principal office is located. The

2-12  allowance must be established at rates higher than the rates established in

2-13  subsection 3.

2-14    5.  The state board of examiners may establish:

2-15    (a) A room rate in excess of the normal allowance for reimbursement of

2-16  employees who are required to travel on weekends to serve the needs of the

2-17  public. The board may require the submission of receipts as a condition of

2-18  reimbursement at the special rate.

2-19    (b) Reasonable rates for expenses outside of the United States that will

2-20  allow a person to purchase the same quality of food as the domestic rate

2-21  allows.

2-22    6.  The state board of examiners shall adopt regulations, and shall

2-23  require other state agencies to adopt regulations, in accordance with the

2-24  purpose of this section, and a state agency may, with the approval of the

2-25  state board of examiners, adopt a rate of reimbursement less than the

2-26  amounts specified in subsection 1 where unusual circumstances make that

2-27  rate desirable.

2-28    Sec. 2.  NRS 281.160 is hereby amended to read as follows:

2-29    281.160  1.  Except as otherwise provided in subsection 2 or 5, or by

2-30  specific statute, any district judge, state officer, state employee or member

2-31  of an advisory board supported in whole or in part by any public money,

2-32  whether the public money is received from the Federal Government or any

2-33  branch or agency thereof, or from private or any other sources, is entitled

2-34  to receive his expenses in the transaction of public business outside of the

2-35  municipality or other area in which his principal office is located, to be

2-36  paid at the rate of [$76] $84 for each 24-hour period during which he is

2-37  away from the office and within the state, and $26 in addition to a

2-38  reasonable room rate for each 24-hour period during which he is outside of

2-39  the state.

2-40    2.  Any person enumerated in subsection 1 is entitled to receive

2-41  expenses for a period of less than 24 hours in accordance with regulations

2-42  of the state board of examiners conforming generally to those rates.

2-43    3.  Any person enumerated in subsection 1 is entitled to receive an

2-44  allowance for transportation in the transaction of public business, whether

2-45  within or outside of the municipality or other area in which his principal

2-46  office is located. Transportation must be by the most economical means,

2-47  considering total cost, time spent in transit and the availability of state-

2-48  owned automobiles and special use vehicles. The state board of examiners,

2-49  on or before July 1 of each year, shall establish the rate of the allowance

3-1  for travel by private conveyance. The rate must equal the standard mileage

3-2  reimbursement rate for which a deduction is allowed for the purposes of

3-3  federal income tax that is in effect at the time the annual rate is established.

3-4  If a private conveyance is used for reasons of personal convenience in

3-5  transaction of state business, the allowance for travel is one-half the

3-6  established rate.

3-7    4.  The state board of examiners may establish a transportation

3-8  allowance for the use of private, special use vehicles on public business by

3-9  any person enumerated in subsection 1, whether within or outside of the

3-10  municipality or other area in which his principal office is located. The

3-11  allowance must be established at rates higher than the rates established in

3-12  subsection 3.

3-13    5.  The state board of examiners may establish:

3-14    (a) A room rate in excess of the normal allowance for reimbursement of

3-15  employees who are required to travel on weekends to serve the needs of the

3-16  public. The board may require the submission of receipts as a condition of

3-17  reimbursement at the special rate.

3-18    (b) Reasonable rates for expenses outside of the United States that will

3-19  allow a person to purchase the same quality of food as the domestic rate

3-20  allows.

3-21    6.  The state board of examiners shall adopt regulations, and shall

3-22  require other state agencies to adopt regulations, in accordance with the

3-23  purpose of this section, and a state agency may, with the approval of the

3-24  state board of examiners, adopt a rate of reimbursement less than the

3-25  amounts specified in subsection 1 where unusual circumstances make that

3-26  rate desirable.

3-27    Sec. 3.  1.  There is hereby appropriated from the state general fund

3-28  to the contingency fund, created by NRS 353.266, the sum of $11,000,000

3-29  to restore and increase the balance in the fund to $11,000,000.

3-30    2.  There is hereby appropriated from the state highway fund to the

3-31  contingency fund, created by NRS 353.266, the sum of $2,000,000. The

3-32  money appropriated in this subsection must be accounted for separately

3-33  and may only be used for expenditures that may be properly made from the

3-34  state highway fund.

3-35    Sec. 4.  1.  There is hereby appropriated from the state general fund

3-36  to the Interim Finance Committee:

3-37    (a) The sum of $3,750,000 on the effective date of this section; and

3-38    (b) The sum of $13,250,000 on July 1, 2001,

3-39  to assist state agencies, including the University and Community College

3-40  System of Nevada, in paying for energy (utilities) needs that exceed the

3-41  amount that has otherwise been appropriated by the Legislature for that

3-42  purpose.

3-43    2.  Money allocated pursuant to subsection 1 may only be used if all

3-44  other sources of funding for energy (utilities) needs that have been

3-45  appropriated by the Legislature have been exhausted by the requesting

3-46  state agency, including the University and Community College System

3-47  of Nevada.

3-48    3.  If a state agency, including the University and Community College

3-49  System of Nevada, desires to request funding pursuant to subsection 1,

4-1  such a request must be approved by the State Board of Examiners before it

4-2  may be submitted to the Interim Finance Committee. The Interim Finance

4-3  Committee is not required to approve the entire funding in any request or

4-4  to allocate the entire amount appropriated.

4-5    4.  The Interim Finance Committee shall require such documentation

4-6  and reporting by a requesting state agency, including the University and

4-7  Community College System of Nevada, as it deems necessary to ensure the

4-8  productive use of the money appropriated in subsection 1.

4-9    5.  The sums appropriated by subsection 1 are available for either fiscal

4-10  year. Any remaining balance of the sum appropriated by subsection 1 must

4-11  not be allocated by the Interim Finance Committee after June 30, 2003, and

4-12  reverts to the state general fund as soon as all payments of money

4-13  committed have been made.

4-14    Sec. 5.  1. There is hereby appropriated from the state general fund

4-15  to the Interim Finance Committee the sum of $6,500,000. This

4-16  appropriation is provided as a one-time energy (utilities) pool available to

4-17  school districts in meeting energy (utilities) costs which are greater than

4-18  the amounts budgeted for the 2001-2003 biennium. No additional

4-19  appropriation will be made for this purpose.

4-20    2.  The State Board of Examiners shall establish policies, procedures

4-21  and criteria for the review of requests for funding pursuant to subsection 1.

4-22  Upon the adoption of such policies, procedures and criteria, the State

4-23  Board of Examiners shall transmit a copy of the policies, procedures and

4-24  criteria to the Interim Finance Committee for approval. Upon approval of

4-25  the policies, procedures and criteria, the Interim Finance Committee shall

4-26  transmit a copy of the policies, procedures and criteria to the Department

4-27  of Education.

4-28    3.  If a school district finds that its energy (utilities) costs are greater

4-29  than the amounts budgeted for the 2001-2003 biennium, the school district

4-30  may submit a request to the Department of Education for an allocation

4-31  from the energy (utilities) pool created by subsection 1.

4-32    4.  The Department of Education, the Budget Division of the

4-33  Department of Administration and the Fiscal Analysis Division of the

4-34  Legislative Counsel Bureau shall jointly review a request submitted

4-35  pursuant to subsection 3, using the policies, procedures and criteria

4-36  approved by the Interim Finance Committee pursuant to subsection 2.

4-37  Upon completion of the review, a recommendation for or against an

4-38  allocation to the requesting school district must be submitted to the State

4-39  Board of Examiners.

4-40    5.  The State Board of Examiners shall consider each request and

4-41  recommend the amount of the allocation, if any, to the Interim Finance

4-42  Committee.

4-43    6.  The Interim Finance Committee is not required to approve the entire

4-44  recommendation of the allocation pursuant to subsection 5 or to allocate

4-45  the entire amount appropriated pursuant to subsection 1.

4-46    7.  The sum appropriated by subsection 1 is available for either fiscal

4-47  year. Any remaining balance of the sum appropriated by subsection 1 must

4-48  not be allocated by the Interim Finance Committee after June 30, 2003, and

5-1  reverts to the state general fund as soon as all payments of money

5-2  committed have been made.

5-3    Sec. 6.  1.  This section and sections 3, 4 and 5 of this act become

5-4  effective upon passage and approval.

5-5    2.  Section 1 of this act becomes effective on July 1, 2001.

5-6    3.  Section 2 of this act becomes effective on July 1, 2002.

 

5-7  H