Senate Bill No. 48–Committee on Government Affairs
Prefiled January 27, 1999
(On Behalf of Legislative Committee on Education)
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing funds to stabilize operation of local government. (BDR 31-864)
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 354.6115 is hereby amended to read as follows: 354.6115 1. The governing body of a local government may, by1-3
resolution, establish a fund to stabilize the operation of the local1-4
government.1-5
2. The money in the fund must be used only if the total actual revenue1-6
of the local government falls short of the total anticipated revenue in the1-7
general fund for the fiscal year in which the local government uses that1-8
money. The money in the fund at the end of the fiscal year may not revert to1-9
any other fund or be a surplus for any purpose other than the purpose1-10
specified in this subsection.1-11
3.1-12
the fund must not exceed 10 percent of the expenditures from the general1-13
fund for the previous fiscal year, excluding any federal1-14
expended by the local government.2-1
4. If the board of trustees of a school district in a county whose2-2
population is less than 100,000 has established such a fund, the balance2-3
in the fund must not exceed 30 percent of the expenditures from the2-4
general fund for the previous fiscal year, excluding any federal money2-5
expended by the local government, or $2,000,000, whichever is less. In no2-6
case may the balance in the fund be increased annually by an amount2-7
that exceeds 10 percent of the expenditures from the general fund for the2-8
previous fiscal year, excluding any federal money expended by the local2-9
government.2-10
Sec. 2. NRS 354.6117 is hereby amended to read as follows: 354.6117 1. Except as otherwise provided in2-12
subsections 2 and 3, the total amount of money which may be transferred in2-13
a fiscal year from the general fund of a local government to the funds2-14
established pursuant to NRS 354.611, 354.6113 and 354.6115 must not2-15
exceed 10 percent of the total amount of the budgeted expenditures of the2-16
general fund, plus any money transferred from the general fund, other than2-17
the money transferred to those funds, for that fiscal year.2-18
2. Any money that a local government, pursuant to NRS 354.6116,2-19
deposits in or transfers to one or more of the funds established by the local2-20
government pursuant to NRS 354.611, 354.6113 or 354.6115:2-21
(a) Is not subject to the limitation on the amount of money that a local2-22
government may transfer to those funds pursuant to subsection 1.2-23
(b) Must not be included in the determination of the total amount of2-24
money transferred to those funds for the purposes of the limitation set forth2-25
in subsection 1.2-26
3. Any money that the board of trustees of a school district, pursuant2-27
to subsection 4 of NRS 354.6115, deposits in or transfers to the fund2-28
established by the board of trustees pursuant to NRS 354.6115:2-29
(a) Is not subject to the limitation on the amount of money that a local2-30
government may transfer to those funds pursuant to subsection 1.2-31
(b) Must not be included in the determination of the total amount of2-32
money transferred to those funds for the purposes of the limitation set2-33
forth in subsection 1.2-34
Sec. 3. Section 2 of Senate Bill No. 194 of this session is hereby2-35
amended to read as follows:2-36
Sec. 2. NRS 354.6115 is hereby amended to read as follows:2-37
354.6115 1. The governing body of a local government may,2-38
by resolution, establish a fund to stabilize the operation of the local2-39
government2-40
2. The money in the fund must be used only2-41
(a) If the total actual revenue of the local government falls short2-42
of the total anticipated revenue in the general fund for the fiscal2-43
year in which the local government uses that money3-1
(b) To pay expenses incurred by the local government to3-2
mitigate the effects of a natural disaster.3-3
The money in the fund at the end of the fiscal year may not revert to3-4
any other fund or be a surplus for any purpose other than3-5
purpose specified in this subsection.3-6
3. The money in the fund may not be used to pay expenses3-7
incurred to mitigate the effects of a natural disaster until the3-8
governing body of the local government issues a formal3-9
declaration that a natural disaster exists. The governing body3-10
shall not make such a declaration unless a natural disaster is3-11
occurring or has occurred. Upon the issuance of such a3-12
declaration, the money in the fund may be used for the payment3-13
of the following expenses incurred by the local government as a3-14
result of the natural disaster:3-15
(a) The repair or replacement of roads, streets, bridges, water3-16
control facilities, public buildings, public utilities, recreational3-17
facilities and parks owned by the local government and damaged3-18
by the natural disaster;3-19
(b) Any emergency measures undertaken to save lives, protect3-20
public health and safety or protect property within the jurisdiction3-21
of the local government;3-22
(c) The removal of debris from publicly or privately owned3-23
land and waterways within the jurisdiction of the local3-24
government that was undertaken because of the natural disaster;3-25
(d) Expenses incurred by the local government for any3-26
overtime worked by an employee of the local government because3-27
of the natural disaster or any other extraordinary expenses3-28
incurred by the local government because of the natural disaster;3-29
and3-30
(e) The payment of any grant match the local government3-31
must provide to obtain a grant from a federal disaster assistance3-32
agency for an eligible project to repair damage caused by the3-33
natural disaster within the jurisdiction of the local government.3-34
4. Except as otherwise provided in subsection3-35
balance in the fund must not exceed 10 percent of the expenditures3-36
from the general fund for the previous fiscal year, excluding any3-37
federal funds expended by the local government.3-38
3-39
whose population is less than 100,000 has established such a fund,3-40
the balance in the fund must not exceed 30 percent of the3-41
expenditures from the general fund for the previous fiscal year,3-42
excluding any federal money expended by the local government, or3-43
$2,000,000, whichever is less. In no case may the balance in the4-1
fund be increased annually by an amount that exceeds 10 percent of4-2
the expenditures from the general fund for the previous fiscal year,4-3
excluding any federal money expended by the local government.4-4
6. The annual budget and audit report of the local4-5
government prepared pursuant to NRS 354.624 must specifically4-6
identify the fund and:4-7
(a) Indicate in detail the manner in which money in the fund4-8
was expended during the previous fiscal year;4-9
(b) Specify the amount of money, if any, that will be deposited4-10
in the fund for the next fiscal year; and4-11
(c) Identify any planned accumulation of the money in the4-12
fund.4-13
The audit report must include a statement by the auditor whether4-14
the local government has complied with the provisions of this4-15
subsection.4-16
7. As used in this section:4-17
(a) "Grant match" has the meaning ascribed to it in NRS4-18
353.2725.4-19
(b) "Natural disaster" means a fire, flood, earthquake,4-20
drought or any other occurrence that:4-21
(1) Results in widespread or severe damage to property or4-22
injury to or the death of persons within the jurisdiction of the4-23
local government; and4-24
(2) As determined by the governing body of the local4-25
government, requires immediate action to protect the health,4-26
safety and welfare of persons residing within the jurisdiction of4-27
the local government.4-28
Sec. 4. Section 3 of Senate Bill No. 194 of this session is hereby4-29
repealed.4-30
Sec. 5. This act becomes effective upon passage and approval.~