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—Extends use of fund to stabilize operation of local government. (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.1-11
2. A request for a grant or loan submitted pursuant to subsection 11-12
must include:1-13
(a) A statement setting forth the amount of money requested by the state1-14
agency or local government;2-1
(b) An assessment of the need of the state agency or local government2-2
for the money requested;2-3
(c) If the request is submitted by a local government that has2-4
established a fund pursuant to NRS 354.6115 to mitigate the effects of a2-5
natural disaster, a statement of the amount of money that is available in2-6
that fund, if any, for the payment of expenses incurred by the local2-7
government as a result of a disaster; and2-8
(d) A determination of the type, value and amount of resources the state2-9
agency or local government may be required to provide as a condition for2-10
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 pursuant2-12
to subsection 1, the state board of examiners:2-13
(a) Shall consider the request; and2-14
(b) May require any additional information that it determines is2-15
necessary to make a recommendation.2-16
4. If the state board of examiners finds that a grant or loan is2-17
appropriate, it shall include in its recommendation to the interim finance2-18
committee the proposed amount of the grant or loan. If the state board of2-19
examiners recommends a loan for a local government, it shall include the2-20
information required pursuant to subsection 1 of NRS 353.2765. If the state2-21
board of examiners finds that a grant or loan is not appropriate, it shall2-22
include in its recommendation the reason for its determination.2-23
5. The provisions of this section do not prohibit a state agency or local2-24
government from submitting more than one request for a grant or loan from2-25
the fund.2-26
6. As used in this section, the term "natural disaster" has the2-27
meaning ascribed to it in NRS 354.6115.2-28
Sec. 2. NRS 354.6115 is hereby amended to read as follows: 354.6115 1. The governing body of a local government may, by2-30
resolution, establish a fund to stabilize the operation of the local2-31
government2-32
2. The money in the fund must be used only2-33
(a) If the total actual revenue of the local government falls short of the2-34
total anticipated revenue in the general fund for the fiscal year in which the2-35
local government uses that money2-36
(b) To pay expenses incurred by the local government to mitigate the2-37
effects of a natural disaster.2-38
The money in the fund at the end of the fiscal year may not revert to any2-39
other fund or be a surplus for any purpose other than2-40
specified in this subsection.2-41
3. The money in the fund may not be used to pay expenses incurred2-42
to mitigate the effects of a natural disaster until the governing body of2-43
the local government issues a formal declaration that a natural disaster3-1
exists. The governing body shall not make such a declaration unless a3-2
natural disaster is occurring or has occurred. Upon the issuance of such3-3
a declaration, the money in the fund may be used for the payment of the3-4
following expenses incurred by the local government as a result of the3-5
natural disaster:3-6
(a) The repair or replacement of roads, streets, bridges, water control3-7
facilities, public buildings, public utilities, recreational facilities and3-8
parks owned by the local government and damaged by the natural3-9
disaster;3-10
(b) Any emergency measures undertaken to save lives, protect public3-11
health and safety or protect property within the jurisdiction of the local3-12
government;3-13
(c) The removal of debris from publicly or privately owned land and3-14
waterways within the jurisdiction of the local government that was3-15
undertaken because of the natural disaster;3-16
(d) Expenses incurred by the local government for any overtime3-17
worked by an employee of the local government because of the natural3-18
disaster or any other extraordinary expenses incurred by the local3-19
government because of the natural disaster; and3-20
(e) The payment of any grant match the local government must3-21
provide to obtain a grant from a federal disaster assistance agency for an3-22
eligible project to repair damage caused by the natural disaster within the3-23
jurisdiction of the local government.3-24
4. The balance in the fund must not exceed 10 percent of the3-25
expenditures from the general fund for the previous fiscal year, excluding3-26
any federal funds expended by the local government.3-27
5. The annual budget and audit report of the local government3-28
prepared pursuant to NRS 354.624 must specifically identify the fund3-29
and:3-30
(a) Indicate in detail the manner in which money in the fund was3-31
expended during the previous fiscal year;3-32
(b) Specify the amount of money, if any, that will be deposited in the3-33
fund for the next fiscal year; and3-34
(c) Identify any planned accumulation of the money in the fund.3-35
The audit report must include a statement by the auditor whether the3-36
local government has complied with the provisions of this subsection.3-37
6. As used in this section:3-38
(a) "Grant match" has the meaning ascribed to it in NRS 353.2725.3-39
(b) "Natural disaster" means a fire, flood, earthquake, drought or any3-40
other occurrence that:3-41
(1) Results in widespread or severe damage to property or injury to3-42
or the death of persons within the jurisdiction of the local government;3-43
and4-1
(2) As determined by the governing body of the local government,4-2
requires immediate action to protect the health, safety and welfare of4-3
persons residing within the jurisdiction of the local government.4-4
Sec. 3. NRS 354.6117 is hereby amended to read as follows: 354.6117 1. Except as otherwise provided in subsection 2, the total4-6
amount of money which may be transferred in a fiscal year from the general4-7
fund of a local government to the funds established pursuant to NRS4-8
354.611, 354.6113 and 354.6115 must not exceed 10 percent of the total4-9
amount of the budgeted expenditures of the general fund, plus any money4-10
transferred from the general fund, other than the money transferred to those4-11
funds, for that fiscal year.4-12
2. Any money that a local government, pursuant to NRS 354.6116,4-13
deposits in or transfers to one or more of the funds established by the local4-14
government pursuant to NRS 354.611, 354.6113 or 354.6115:4-15
(a) Is not subject to the limitation on the amount of money that a local4-16
government may transfer to those funds pursuant to subsection 1.4-17
(b) Must not be included in the determination of the total amount of4-18
money transferred to those funds for the purposes of the limitation set forth4-19
in subsection 1.4-20
Sec. 4. This act becomes effective on July 1, 1999.~