Senate Bill No. 194–Senators Rawson, Amodei, James, McGinness, O’Donnell, Porter and Titus
February 16, 1999
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Joint Sponsors: Assemblymen Cegavske, Goldwater,
Manendo and Tiffany
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Referred to Committee on Government Affairs
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)
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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 353.2755 is hereby amended to read as follows: 353.2755 1. A state agency or local government may submit a1-3
request to the state board of examiners for a grant or loan from the fund as1-4
provided in NRS 353.2705 to 353.2771, inclusive, if:1-5
(a) The agency or local government finds that, because of a disaster, it is1-6
unable to pay for an expense or grant match specified in NRS 353.274,1-7
353.2745 or 353.2751 from money appropriated or otherwise available to1-8
the agency or local government; and1-9
(b) The request has been approved by the chief administrative officer of1-10
the state agency or the governing body of the local government.2-1
2. A request for a grant or loan submitted pursuant to subsection 12-2
must include:2-3
(a) A statement setting forth the amount of money requested by the state2-4
agency or local government;2-5
(b) An assessment of the need of the state agency or local government2-6
for the money requested;2-7
(c) If the request is submitted by a local government that has2-8
established a fund pursuant to NRS 354.6115 to mitigate the effects of a2-9
natural disaster, a statement of the amount of money that is available in2-10
that fund, if any, for the payment of expenses incurred by the local2-11
government as a result of a disaster; and2-12
(d) A determination of the type, value and amount of resources the state2-13
agency or local government may be required to provide as a condition for2-14
the receipt of a grant or loan from the fund.2-15
3. Upon the receipt of a request for a grant or loan submitted pursuant2-16
to subsection 1, the state board of examiners:2-17
(a) Shall consider the request; and2-18
(b) May require any additional information that it determines is2-19
necessary to make a recommendation.2-20
4. If the state board of examiners finds that a grant or loan is2-21
appropriate, it shall include in its recommendation to the interim finance2-22
committee the proposed amount of the grant or loan. If the state board of2-23
examiners recommends a loan for a local government, it shall include the2-24
information required pursuant to subsection 1 of NRS 353.2765. If the state2-25
board of examiners finds that a grant or loan is not appropriate, it shall2-26
include in its recommendation the reason for its determination.2-27
5. The provisions of this section do not prohibit a state agency or local2-28
government from submitting more than one request for a grant or loan from2-29
the fund.2-30
6. As used in this section, the term "natural disaster" has the2-31
meaning ascribed to it in NRS 354.6115.2-32
Sec. 2. NRS 354.6115 is hereby amended to read as follows: 354.6115 1. The governing body of a local government may, by2-34
resolution, establish a fund to stabilize the operation of the local2-35
government2-36
2. The money in the fund must be used only2-37
(a) If the total actual revenue of the local government falls short of the2-38
total anticipated revenue in the general fund for the fiscal year in which the2-39
local government uses that money2-40
(b) To pay expenses incurred by the local government to mitigate the2-41
effects of a natural disaster.3-1
The money in the fund at the end of the fiscal year may not revert to any3-2
other fund or be a surplus for any purpose other than3-3
specified in this subsection.3-4
3. The money in the fund may not be used to pay expenses incurred3-5
to mitigate the effects of a natural disaster until the governing body of3-6
the local government issues a formal declaration that a natural disaster3-7
exists. The governing body shall not make such a declaration unless a3-8
natural disaster is occurring or has occurred. Upon the issuance of such3-9
a declaration, the money in the fund may be used for the payment of the3-10
following expenses incurred by the local government as a result of the3-11
natural disaster:3-12
(a) The repair or replacement of roads, streets, bridges, water control3-13
facilities, public buildings, public utilities, recreational facilities and3-14
parks owned by the local government and damaged by the natural3-15
disaster;3-16
(b) Any emergency measures undertaken to save lives, protect public3-17
health and safety or protect property within the jurisdiction of the local3-18
government;3-19
(c) The removal of debris from publicly or privately owned land and3-20
waterways within the jurisdiction of the local government that was3-21
undertaken because of the natural disaster;3-22
(d) Expenses incurred by the local government for any overtime3-23
worked by an employee of the local government because of the natural3-24
disaster or any other extraordinary expenses incurred by the local3-25
government because of the natural disaster; and3-26
(e) The payment of any grant match the local government must3-27
provide to obtain a grant from a federal disaster assistance agency for an3-28
eligible project to repair damage caused by the natural disaster within the3-29
jurisdiction of the local government.3-30
4. The balance in the fund must not exceed3-31
expenditures from the general fund for the previous fiscal year, excluding3-32
any federal funds expended by the local government.3-33
5. The annual budget and audit report of the local government3-34
prepared pursuant to NRS 354.624 must specifically identify the fund3-35
and:3-36
(a) Indicate in detail the manner in which money in the fund was3-37
expended during the previous fiscal year;3-38
(b) Specify the amount of money, if any, that will be deposited in the3-39
fund for the next fiscal year; and3-40
(c) Identify any planned accumulation of the money in the fund.3-41
The audit report must include a statement by the auditor whether the3-42
local government has complied with the provisions of this subsection.4-1
6. As used in this section:4-2
(a) "Grant match" has the meaning ascribed to it in NRS 353.2725.4-3
(b) "Natural disaster" means a fire, flood, earthquake, drought or any4-4
other occurrence that:4-5
(1) Results in widespread or severe damage to property or injury to4-6
or the death of persons within the jurisdiction of the local government;4-7
and4-8
(2) As determined by the governing body of the local government,4-9
requires immediate action to protect the health, safety and welfare of4-10
persons residing within the jurisdiction of the local government.4-11
Sec. 3. NRS 354.6117 is hereby amended to read as follows: 354.6117 1. Except as otherwise provided in subsection 2, the total4-13
amount of money which may be transferred in a fiscal year from the general4-14
fund of a local government to the funds established pursuant to NRS4-15
354.611, 354.6113 and 354.6115 must not exceed4-16
total amount of the budgeted expenditures of the general fund, plus any4-17
money transferred from the general fund, other than the money transferred4-18
to those funds, for that fiscal year.4-19
2. Any money that a local government, pursuant to NRS 354.6116,4-20
deposits in or transfers to one or more of the funds established by the local4-21
government pursuant to NRS 354.611, 354.6113 or 354.6115:4-22
(a) Is not subject to the limitation on the amount of money that a local4-23
government may transfer to those funds pursuant to subsection 1.4-24
(b) Must not be included in the determination of the total amount of4-25
money transferred to those funds for the purposes of the limitation set forth4-26
in subsection 1.4-27
Sec. 4. This act becomes effective on July 1, 1999.~