Assembly Bill No. 355–Committee on Elections,
Procedures, and Ethics

(On Behalf of Nevada Association of Counties)

March 2, 1999

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Referred to Committee on Elections, Procedures, and Ethics

 

SUMMARY—Revises provisions governing legislative measures which require local governments to establish, provide or increase programs or services. (BDR 17-518)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to local governments; requiring a legislative measure to include on its face a disclosure concerning unfunded mandates under certain circumstances; placing a monetary limitation on the programs and services for which a specified source for additional revenue must be authorized; 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. Chapter 218 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 If any provision contained in a legislative measure will have the effect

1-4 of requiring one or more local governments to establish, provide or

1-5 increase a program or service which is estimated to cost in excess of

1-6 $2,000 per local government and a specified source for the additional

1-7 revenue to pay the expense is not authorized by a specific statute, the face

1-8 of the measure must indicate that the measure contains an unfunded

1-9 mandate.

1-10 Sec. 2. NRS 354.599 is hereby amended to read as follows:

1-11 354.599 1. If the legislature directs one or more local governments

1-12 to [establish] :

1-13 (a) Establish a program or provide a service [, or to increase] ; or

2-1 (b) Increase a program or service already established which requires

2-2 additional funding,

2-3 and the expense required to be paid by each local government to

2-4 establish, provide or increase the program or service is $2,000 or more, a

2-5 specified source for the additional revenue to pay the expense must be

2-6 authorized by a specific statute. The additional revenue may only be used

2-7 to pay expenses directly related to the program or service. If a local

2-8 government has money from any other source available to pay such

2-9 expenses, that money must be applied to the expenses before any money

2-10 from the revenue source specified by statute.

2-11 2. In any year in which the legislature by law increases or decreases

2-12 the revenues of a local government, and that increase or decrease was not

2-13 included or anticipated in the local government’s final budget as adopted

2-14 pursuant to NRS 354.598, the governing body of any such local

2-15 government may, before August 15 of the budget year, file an amended

2-16 budget with the department of taxation increasing or decreasing its

2-17 anticipated revenues and expenditures from that contained in its final

2-18 budget to the extent of the actual increase or decrease of revenues resulting

2-19 from the legislative action.

2-20 3. In any year in which the legislature enacts a law requiring an

2-21 increase or decrease in expenditures of a local government, which was not

2-22 anticipated or included in its final budget as adopted pursuant to NRS

2-23 354.598, the governing body of any such local government may, before

2-24 August 15 of the budget year, file an amended budget with the department

2-25 of taxation providing for an increase or decrease in expenditures from that

2-26 contained in its final budget to the extent of the actual amount made

2-27 necessary by the legislative action.

2-28 4. The amended budget, as approved by the department of taxation, is

2-29 the budget of the local government for the current fiscal year.

2-30 Sec. 3. This act becomes effective upon passage and approval.

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