Amendment No. 467

Senate Amendment to Senate Bill No. 194 (BDR 31-83)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 2, by deleting line 4 and inserting:

"established a fund pursuant to NRS 354.6115 to mitigate the effects of a natural disaster, a".

Amend section 1, page 2, between lines 25 and 26, by inserting:

"6. As used in this section, the term "natural disaster" has the meaning ascribed to it in NRS 354.6115.".

Amend the bill as a whole by deleting sections 2 through 6, renumbering sec. 7 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

"Sec. 2. NRS 354.6115 is hereby amended to read as follows:

354.6115 1. The governing body of a local government may, by resolution, establish a fund to stabilize the operation of the local government [.] and mitigate the effects of natural disasters.

2. The money in the fund must be used only [if] :

(a) If the total actual revenue of the local government falls short of the total anticipated revenue in the general fund for the fiscal year in which the local government uses that money [.] ; or

(b) To pay expenses incurred by the local government to mitigate the effects of a natural disaster.

The money in the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than [the] a purpose specified in this subsection.

3. The money in the fund may not be used to pay expenses incurred to mitigate the effects of a natural disaster until the governing body of the local government issues a formal declaration that a natural disaster exists. The governing body shall not make such a declaration unless a natural disaster is occurring or has occurred. Upon the issuance of such a declaration, the money in the fund may be used for the payment of the following expenses incurred by the local government as a result of the natural disaster:

(a) The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the natural disaster;

(b) Any emergency measures undertaken to save lives, protect public health and safety or protect property within the jurisdiction of the local government;

(c) The removal of debris from publicly or privately owned land and waterways within the jurisdiction of the local government that was undertaken because of the natural disaster;

(d) Expenses incurred by the local government for any overtime worked by an employee of the local government because of the natural disaster or any other extraordinary expenses incurred by the local government because of the natural disaster; and

(e) The payment of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the natural disaster within the jurisdiction of the local government.

4. The balance in the fund must not exceed [10] 15 percent of the expenditures from the general fund for the previous fiscal year, excluding any federal funds expended by the local government.

5. The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify the fund and:

(a) Indicate in detail the manner in which money in the fund was expended during the previous fiscal year;

(b) Specify the amount of money, if any, that will be deposited in the fund for the next fiscal year; and

(c) Identify any planned accumulation of the money in the fund.

The audit report must include a statement by the auditor whether the local government has complied with the provisions of this subsection.

6. As used in this section:

(a) "Grant match" has the meaning ascribed to it in NRS 353.2725.

(b) "Natural disaster" means a fire, flood, earthquake, drought or any other occurrence that:

(1) Results in widespread or severe damage to property or injury to or the death of persons within the jurisdiction of the local government; and

(2) As determined by the governing body of the local government, requires immediate action to protect the health, safety and welfare of persons residing within the jurisdiction of the local government.".

Amend sec. 7, page 5, line 17, by deleting:

"and section 2 of this act,".

Amend sec. 7, page 5, line 18, by deleting "10" and inserting "[10] 15".

Amend sec. 7, page 5, lines 23 and 24, by deleting:

"354.6115 [:] or section 2 of this act:" and inserting "354.6115:".

Amend the bill as a whole by deleting sec. 8 and renumbering sec. 9 as sec. 4.

Amend the title of the bill to read as follows:

"AN ACT relating to local financial administration; revising the provisions governing the authority to establish a fund to stabilize the operation of a local government to increase the amount of money that may be transferred to the fund and include mitigation of the effects of a natural disaster as an authorized use of the money in the fund; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Authorizes local government to increase money transferred to fund to stabilize the operation of the local government and use money in fund to mitigate effects of natural disaster. (BDR 31-83)".