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).

1-1 Section 1. NRS 353.2755 is hereby amended to read as follows:

1-2 353.2755 1. A state agency or local government may submit a

1-14 agency or local government;

2-1 (b) An assessment of the need of the state agency or local government

2-2 for the money requested; [and]

2-3 (c) If the request is submitted by a local government that has

2-4 established a disaster relief fund pursuant to section 2 of this act, a

2-5 statement of the amount of money that is available in that fund, if any,

2-6 for the payment of expenses incurred by the local government as a result

2-7 of a disaster; and

2-8 (d) A determination of the type, value and amount of resources the state

2-9 agency or local government may be required to provide as a condition for

2-10 the receipt of a grant or loan from the fund.

2-11 3. Upon the receipt of a request for a grant or loan submitted pursuant

2-12 to subsection 1, the state board of examiners:

2-13 (a) Shall consider the request; and

2-14 (b) May require any additional information that it determines is

2-15 necessary to make a recommendation.

2-16 4. If the state board of examiners finds that a grant or loan is

2-17 appropriate, it shall include in its recommendation to the interim finance

2-18 committee the proposed amount of the grant or loan. If the state board of

2-19 examiners recommends a loan for a local government, it shall include the

2-20 information required pursuant to subsection 1 of NRS 353.2765. If the state

2-21 board of examiners finds that a grant or loan is not appropriate, it shall

2-22 include in its recommendation the reason for its determination.

2-23 5. The provisions of this section do not prohibit a state agency or local

2-24 government from submitting more than one request for a grant or loan from

2-25 the fund.

2-26 Sec. 2. Chapter 354 of NRS is hereby amended by adding thereto a

2-27 new section to read as follows:

2-28 1. The governing body of a local government may, by resolution,

2-29 establish a disaster relief fund. The balance in the fund must not exceed

2-30 10 percent of the expenditures from the general fund for the previous

2-31 fiscal year, excluding any federal funds expended by the local

2-32 government.

2-33 2. Any interest and income earned on the money in the fund must,

2-34 after deducting any applicable charges, be credited to the fund.

2-35 3. The money in the fund may not be expended until the governing

2-36 body of the local government issues a formal declaration that a disaster

2-37 exists. Upon the issuance of such a declaration, the money in the fund

2-38 may be used for the payment of the following expenses incurred by the

2-39 local government as a result of the disaster:

2-40 (a) The repair or replacement of roads, streets, bridges, water control

2-41 facilities, public buildings, public utilities, recreational facilities and

2-42 parks owned by the local government and damaged by the disaster;

3-1 (b) Any emergency measures undertaken to save lives, protect public

3-2 health and safety or protect property within the jurisdiction of the local

3-3 government;

3-4 (c) The removal of debris from publicly or privately owned land and

3-5 waterways within the jurisdiction of the local government that was

3-6 undertaken because of the disaster;

3-7 (d) Expenses incurred by the local government for any overtime

3-8 worked by an employee of the local government because of the disaster

3-9 or any other extraordinary expenses incurred by the local government

3-10 because of the disaster;

3-11 (e) Expenses incurred by the local government for any projects to

3-12 reduce or prevent the possibility of damage to persons or property from

3-13 similar disasters in the future; and

3-14 (f) The payment of any grant match the local government must

3-15 provide to obtain a grant from a federal disaster assistance agency for an

3-16 eligible project to repair damage caused by the disaster within the

3-17 jurisdiction of the local government.

3-18 4. The money in the fund at the end of the fiscal year may not revert

3-19 to any other fund or be a surplus for any purpose other than the purposes

3-20 set forth in subsection 3.

3-21 5. The annual budget and audit report of the local government

3-22 prepared pursuant to NRS 354.624 must specifically identify the fund

3-23 and:

3-24 (a) Indicate in detail the manner in which money in the fund was

3-25 expended during the previous fiscal year;

3-26 (b) Specify the amount of money, if any, that will be deposited in the

3-27 fund for the next fiscal year; and

3-28 (c) Identify any planned accumulation of the money in the fund.

3-29 The audit report must include a statement by the auditor whether the

3-30 local government has complied with the provisions of this subsection.

3-31 6. As used in this section:

3-32 (a) "Disaster" means a fire, flood, earthquake, drought, explosion,

3-33 civil disturbance or any other occurrence or threatened occurrence that,

3-34 regardless of cause:

3-35 (1) Results in, or may result in, widespread or severe damage to

3-36 property or injury to or the death of persons within the jurisdiction of the

3-37 local government; and

3-38 (2) As determined by the governing body of the local government,

3-39 requires immediate action to protect the health, safety and welfare of

3-40 persons residing within the jurisdiction of the local government.

3-41 (b) "Eligible project" has the meaning ascribed to it in NRS 353.2715.

3-42 (c) "Grant match" has the meaning ascribed to it in NRS 353.2725.

4-1 Sec. 3. NRS 354.470 is hereby amended to read as follows:

4-2 354.470 NRS 354.470 to 354.626, inclusive, and section 2 of this act,

4-3 may be cited as the Local Government Budget Act.

4-4 Sec. 4. NRS 354.474 is hereby amended to read as follows:

4-5 354.474 1. Except as otherwise provided in subsections 2 and 3, the

4-36 Agriculture.

4-37 Sec. 5. NRS 354.476 is hereby amended to read as follows:

4-38 354.476 As used in NRS 354.470 to 354.626, inclusive, and section 2

4-41 to them in those sections.

5-1 Sec. 6. NRS 354.6116 is hereby amended to read as follows:

5-2 354.6116 A local government, except a school district, that receives

5-12 pursuant to NRS 354.597.

5-13 Sec. 7. NRS 354.6117 is hereby amended to read as follows:

5-14 354.6117 1. Except as otherwise provided in subsection 2, the total

5-29 in subsection 1.

5-30 Sec. 8. NRS 361.0687 is hereby amended to read as follows:

5-31 361.0687 1. A person who intends to locate or expand a business in

5-42 to locate or expand a business in this state or the appropriate affected local

6-1 government determines that the abatement will be beneficial to the

6-2 economic development of the community.

6-3 (c) The average hourly wage which will be paid by the new or expanded

6-4 business to its employees in this state is at least 125 percent of the average

6-5 statewide industrial hourly wage as established by the employment security

6-6 division of the department of employment, training and rehabilitation on

6-7 July 1 of each fiscal year.

6-8 (d) The business will provide a health insurance plan for all employees

6-9 that includes an option for health insurance coverage for dependents of the

6-10 employees.

6-11 (e) The cost to the business for the benefits the business provides to its

6-12 employees in this state will meet the minimum requirements for benefits

6-13 established by the commission pursuant to subsection [8.] 9.

6-14 (f) A capital investment for personal property will be made to locate or

6-15 expand the business in Nevada which is at least:

6-16 (1) If the personal property directly related to the establishment of the

6-17 business in this state is primarily located in a county whose population:

6-18 (I) Is 100,000 or more, $50,000,000.

6-19 (II) Is less than 100,000, $20,000,000.

6-20 (2) If the personal property directly related to the expansion of the

6-21 business is primarily located in a county whose population:

6-22 (I) Is 100,000 or more, $10,000,000.

6-23 (II) Is less than 100,000, $4,000,000.

6-24 (g) The business will create at least the following number of new, full-

6-25 time and permanent jobs in the State of Nevada by the fourth quarter that it

6-26 is in operation:

6-27 (1) If a new business will be primarily located in a county whose

6-28 population:

6-29 (I) Is 100,000 or more, 100 jobs.

6-30 (II) Is less than 100,000, 35 jobs.

6-31 (2) If an expanded business will be primarily located in a county

6-32 whose population:

6-33 (I) Is 100,000 or more, and the business has at least 100 employees

6-34 in this state, 20 jobs. An expanded business primarily located in such a

6-35 county that has less than 100 employees is not eligible for a partial

6-36 abatement pursuant to this section.

6-37 (II) Is less than 100,000, and the business has at least 35 employees

6-38 in this state, 10 jobs. An expanded business primarily located in such a

6-39 county that has less than 35 employees is not eligible for a partial

6-40 abatement pursuant to this section.

6-41 (h) For the expansion of a business primarily located in a county whose

6-42 population:

7-1 (1) Is 100,000 or more, the book value of the assets of the business in

7-2 this state is at least $20,000,000.

7-3 (2) Is less than 100,000, the book value of the assets of the business

7-4 in this state is at least $5,000,000.

7-5 (i) The business is registered pursuant to the laws of this state or the

7-6 applicant commits to obtain a valid business license and all other permits

7-7 required by the county, city or town in which the business operates.

7-8 (j) The proposed abatement has been approved by the governing body of

7-9 the appropriate affected local government as determined pursuant to the

7-10 regulations adopted pursuant to subsection [8.] 9. In determining whether to

7-11 approve a proposed abatement, the governing body shall consider whether

7-12 the taxes to be paid by the business are sufficient to pay for any investment

7-13 required to be made by the local government for services associated with

7-14 the relocation or expansion of the business, including, without limitation,

7-15 costs related to the construction and maintenance of roads, sewer and water

7-16 services, fire and police protection , and the construction and maintenance

7-17 of schools.

7-18 (k) The applicant has executed an agreement with the commission which

7-19 states that the business will continue in operation in the State of Nevada for

7-20 10 or more years after the date on which a certificate of eligibility for the

7-21 abatement is issued pursuant to subsection 5 and will continue to meet the

7-22 eligibility requirements contained in this subsection. The agreement must

7-23 bind the successors in interest of the business for the required period.

7-24 3. An applicant shall, upon the request of the executive director of the

7-25 commission on economic development, furnish him with copies of all

7-26 records necessary to verify that the applicant meets the requirements of

7-27 subsection 2.

7-28 4. The percentage of the abatement must be 50 percent of the taxes

7-29 payable each year.

7-30 5. If an application for a partial abatement is approved, the commission

7-31 on economic development shall immediately forward a certificate of

7-32 eligibility for the abatement to:

7-33 (a) The department; and

7-34 (b) The county assessor of each county in which personal property

7-35 directly related to the establishment or expansion of the business will be

7-36 located.

7-37 6. Upon receipt by the department of the certificate of eligibility, the

7-38 taxpayer is eligible for an abatement from the tax imposed by this chapter

7-39 for 10 years:

7-40 (a) For the expansion of a business, on all personal property of the

7-41 business that is located in Nevada and directly related to the expansion of

7-42 the business in this state.

8-1 (b) For a new business, on all personal property of the business that is

8-2 located in Nevada and directly related to the establishment of the business

8-3 in this state.

8-4 7. If a business for which an abatement has been approved is not

8-5 maintained in this state in accordance with the agreement required in

8-6 subsection 2, for at least 10 years after the commission on economic

8-7 development approved the abatement, the person who applied for the

8-8 abatement shall repay to the county treasurer or treasurers who would have

8-9 received the taxes but for the abatement the total amount of all taxes that

8-10 were abated pursuant to this section. The person who applied for the

8-11 abatement shall pay interest on the amount due at the rate of 10 percent per

8-12 annum for each month, or portion thereof, from the last day of the month

8-13 following the period for which the payment would have been made if the

8-14 abatement had not been granted until the date of the actual payment of the

8-15 tax.

8-16 8. A county treasurer:

8-17 (a) Shall deposit any money that he receives pursuant to subsection 7 in

8-18 one or more of the funds established by a local government of the county

8-19 pursuant to NRS 354.611, 354.6113 or 354.6115 [;] or section 2 of this

8-20 act; and

8-21 (b) May use the money deposited pursuant to paragraph (a) only for the

8-22 purposes authorized by [NRS 354.611, 354.6113 and 354.6115.] those

8-23 sections.

8-24 9. The commission on economic development shall adopt regulations

8-25 necessary to carry out the provisions of this section. The regulations must

8-26 include, but not be limited to:

8-27 (a) A method for determining the appropriate affected local government

8-28 to approve a proposed abatement and the procedure for obtaining such

8-29 approval; and

8-30 (b) Minimum requirements for benefits that a business applying for a

8-31 partial abatement must offer to its employees to be approved for the partial

8-32 abatement.

8-33 10. The department shall adopt regulations concerning how county

8-34 assessors shall administer partial abatements approved pursuant to this

8-35 section.

8-36 11. An applicant for an abatement who is aggrieved by a final decision

8-37 of the commission on economic development may petition for judicial

8-38 review in the manner provided in chapter 233B of NRS.

8-39 Sec. 9. This act becomes effective on July 1, 1999.