Assembly Bill No. 50–Assemblyman Marvel
Prefiled January 26, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing certain funds
into which school districts may transfer money. (BDR 31‑30)
FISCAL NOTE: Effect on Local Government: No.
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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).
AN ACT relating to local governments; increasing the balance that certain school districts
may maintain in a fund to stabilize the operation of the school district and
mitigate the effects of natural disasters; revising the amount of money that
certain school districts may transfer to certain funds; and providing other
matters properly relating thereto.
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:
1-2 354.6115 1. The
governing body of a local government may, by
1-3 resolution, establish a fund to stabilize the
operation of the local
1-4 government and mitigate the effects of natural
disasters.
1-5 2. The money in the fund must be used only:
1-6 (a) If the
total actual revenue of the local government falls short of the
1-7 total anticipated revenue in the general fund of the local government for
1-8 the fiscal year in which the local government uses
that money; or
1-9 (b) To pay
expenses incurred by the local government to mitigate the
1-10 effects of a natural disaster.
1-11 The money in the fund at the end of the fiscal year
may not revert to any
1-12 other fund or be a surplus for any purpose other
than a purpose specified in
1-13 this subsection.
1-14 3. The money in the fund may not be used to pay
expenses incurred to
1-15 mitigate the effects of a natural disaster until the
governing body of the
1-16 local government issues a formal declaration that a
natural disaster exists.
1-17 The governing body shall not make such a declaration
unless a natural
1-18 disaster is occurring or has occurred. Upon the
issuance of such a
1-19 declaration, the money in the fund may be used for
the payment of the
2-1 following expenses incurred by the local government
as a result of the
2-2 natural disaster:
2-3 (a) The
repair or replacement of roads, streets, bridges, water control
2-4 facilities, public buildings, public utilities,
recreational facilities and parks
2-5 owned by the local government and damaged by the
natural disaster;
2-6 (b) Any
emergency measures undertaken to save lives, protect public
2-7 health and safety or protect property within the
jurisdiction of the local
2-8 government;
2-9 (c) The
removal of debris from publicly or privately owned land and
2-10 waterways within the jurisdiction of the local
government that was
2-11 undertaken because of the natural disaster;
2-12 (d) Expenses
incurred by the local government for any overtime worked
2-13 by an employee of the local government because of
the natural disaster or
2-14 any other extraordinary expenses incurred by the
local government because
2-15 of the natural disaster; and
2-16 (e) The
payment of any grant match the local government must provide
2-17 to obtain a grant from a federal disaster assistance
agency for an eligible
2-18 project to repair damage caused by the natural
disaster within the
2-19 jurisdiction of the local government.
2-20 4. [The] Except as otherwise provided in subsection 5, the balance
in
2-21 the fund must not exceed 10 percent of the
expenditures from the general
2-22 fund of
the local government for the previous fiscal year, excluding any
2-23 federal [funds] money expended by the local government.
2-24 5. If
the board of trustees of a school district in a county whose
2-25 population is
less than 100,000 has established a fund pursuant to this
2-26 section, the
balance in the fund must not exceed 30 percent of the
2-27 expenditures from
the county school district fund for the previous fiscal
2-28 year, excluding any
federal money expended by the school district, or
2-29 $2,000,000,
whichever is less. Any money that the board of trustees of a
2-30 school district
transfers to the fund is subject to the limitation set forth in
2-31 paragraph (b) of
subsection 3 of NRS 354.6117.
2-32 6. The annual budget and audit
report of the local government
2-33 prepared pursuant to NRS 354.624 must specifically
identify the fund and:
2-34 (a) Indicate
in detail the manner in which money in the fund was
2-35 expended during the previous fiscal year;
2-36 (b) Specify
the amount of money, if any, that will be deposited in the
2-37 fund for the next fiscal year; and
2-38 (c) Identify
any planned accumulation of the money in the fund.
2-39 The audit report must include a statement by the
auditor whether the local
2-40 government has complied with the provisions of this
subsection.
2-41 [6.] 7. As used in this section:
2-42 (a) “Grant
match” has the meaning ascribed to it in NRS 353.2725.
2-43 (b) “Natural disaster”
means a fire, flood, earthquake, drought or any
2-44 other occurrence that:
2-45 (1) Results
in widespread or severe damage to property or injury to or
2-46 the death of persons within the jurisdiction of the
local government; and
2-47 (2) As
determined by the governing body of the local government,
2-48 requires immediate action to protect the health,
safety and welfare of
2-49 persons residing within the jurisdiction of the
local government.
3-1 Sec. 2. NRS
354.6117 is hereby amended to read as follows:
3-2 354.6117 1. Except
as otherwise provided in [subsection
2,]
3-3 subsections 2 and
3, the
total amount of money which may be transferred
3-4 in a fiscal year from the general fund of a local
government to the funds
3-5 established pursuant to NRS 354.611, 354.6113 and
354.6115 must not
3-6 exceed 10 percent of the total amount of the
budgeted expenditures of the
3-7 general fund, plus any money transferred from the
general fund, other than
3-8 the money transferred to those funds, for that
fiscal year.
3-9 2. Any money that a local government, pursuant
to NRS 354.6116,
3-10 deposits in or transfers to one or more of the funds
established by the local
3-11 government pursuant to NRS 354.611, 354.6113 or
354.6115:
3-12 (a) Is not
subject to the limitation on the amount of money that a local
3-13 government may transfer to those funds pursuant to
subsection 1.
3-14 (b) Must not
be included in the determination of the total amount of
3-15 money transferred to those funds for the purposes of
the limitation set forth
3-16 in subsection 1.
3-17 3. The
total amount of money that the board of trustees of a school
3-18 district in a
county whose population is less than 100,000 may transfer in
3-19 a fiscal year
from the county school district fund to:
3-20 (a) The funds established pursuant to NRS
354.611 and 354.6113
3-21 must not exceed
10 percent of the total amount of the budgeted
3-22 expenditures from
the county school district fund, plus any money
3-23 transferred from
the county school district fund, other than the money
3-24 transferred to
the funds established pursuant to NRS 354.611 and
3-25 354.6113, for
that fiscal year.
3-26 (b) The fund established pursuant to NRS
354.6115 must not exceed
3-27 10 percent of the
total amount of the budgeted expenditures from the
3-28 county school
district fund, excluding any federal money expended by the
3-29 school district,
plus any money transferred from the county school
3-30 district fund,
other than the money transferred to the fund established
3-31 pursuant to NRS
354.6115, for that fiscal year.
3-32 Sec. 3. This
act becomes effective upon passage and approval.
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