SUMMARY--Provides for proportional matching funding for disaster assistance grants made to state and local governments by Federal Emergency Management Agency. (BDR 31-1496)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to state financial administration; authorizing loans of money to local governments from the fund to stabilize the operation of the state government under certain circumstances; providing for the proportional matching funding for disaster assistance grants made by the Federal Emergency Management Agency; making an appropriation; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 353.288 is hereby amended to read as follows:
353.2881. The fund to stabilize the operation of the state government is hereby created as a trust fund. Except as otherwise provided in subsection 2, the state controller shall deposit to the credit of the fund two-fifths of any revenue in the state general fund collected by the state for general, unrestricted uses, and not for special purposes, in excess of the amount necessary to:
(a) Pay all appropriations made for the support of the state government for the fiscal year in which that revenue will be deposited in the fund; and
(b) Attain the reserve required by NRS 353.213.
2. The balance in the fund must not exceed 10 percent of the total of all appropriations from the state general fund for the operation of all departments, institutions and agencies of the state government and authorized expenditures from the state general fund for the regulation of gaming for the fiscal year in which that revenue will be deposited in the fund.
3. Money from the fund to stabilize the operation of the state government may be appropriated only:
(a) If the total actual revenue of the state falls short by 5 percent or more of the total anticipated revenue for the biennium in which the appropriation is made; or
(b) If the legislature and the governor declare that a fiscal emergency exists.
4. If the governor determines that a disaster has occurred in the State of Nevada, the legislature may provide for not more than 15 percent of the money in the fund to be loaned to local governments for the required proportional matching funding for federal grants for disaster assistance.
Sec. 2 As used in this section and sections 3 and 4 of this act, unless the context otherwise requires:
1. "Director" means the director of the department of administration.
2. "Disaster" means the event declared by President Clinton on January 3, 1997, to be a major disaster in the State of Nevada because of the damage resulting from severe storms, flooding, mud slides and landslides beginning on December 20, 1996, and ending on January 17, 1997.
3. "Eligible project" means a project of a public or nonprofit private entity which has been designated and approved as qualifying and eligible to receive federal grant money from the Federal Emergency Management Agency and which is related to the disaster.
4. "Grant match" means the 25 percent share of a grant provided by the Federal Emergency Management Agency which must be matched by a state or local government.
Sec. 3 The legislature hereby finds and declares that:
1. The State of Nevada shall be responsible for providing the entire grant match for any Federal Emergency Management Agency grant received by a state agency or nonprofit entity for an eligible project for:
(a) Emergency measures undertaken to save lives, protect public health and safety or protect property in a jurisdiction which was proclaimed by the Governor to be in a state of emergency during the disaster.
(b) Debris removal from publicly or privately owned land and waterways, if undertaken in response to the state of emergency declared by the Governor during the disaster. To qualify pursuant to this paragraph, a project, including debris removal from private property, must have been rendered in response to an immediate threat to public health and safety.
(c) The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks which are owned by the state.
(d) The administration of the disaster assistance program, including not more than 9 full-time equivalent positions. Six of the full-time equivalent positions must be temporary with a duration of not longer than 12 months from the date of employment. Three of the full-time equivalent positions must be temporary with a duration of not later than June 30, 1999.
2. The State of Nevada shall be responsible for providing one-half of the grant match for any Federal Emergency Management Agency grant received by a local government for an eligible project for the repair of damage within the jurisdiction of the local government, and the local government shall be responsible for the remaining one-half of the grant match.
Sec. 4 To carry out the provisions of section 3 of this act the director shall:
1. Make such grants of the money appropriated by section 5 of this act as he deems appropriate to:
(a) State agencies and nonprofit entities for the entire grant match for projects which meet the requirements of subsection 1 of section 3 of this act; and
(b) Local governments for the state's one-half of the grant match for projects which meet the requirements of subsection 2 of section 3 of this act.
2. Make such loans of money from the fund to stabilize the operation of the state government, created by NRS 353.288, to local governments as he deems appropriate for the local government's one-half of the grant match for projects which meet the requirements of subsection 2 of section 3 of this act. The total amount of any such loans must not exceed an amount equal to 15 percent of the balance in the fund to stabilize the operation of state government at the time the loans are made. Before making a loan pursuant to this subsection, the director shall:
(a) Make a determination that the local government is currently unable to meet its financial obligations; and
(b) Execute a loan agreement in which the local government agrees to:
(1) Use the money only for the purpose of paying the grant match; and
(2) Repay the entire amount of the loan, without any interest or other charges, to the fund to stabilize the operation of state government within 10 years after the date on which the agreement is executed.
Sec. 5 1. There is hereby appropriated from the state general fund to the department of administration the sum of $3,500,000.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 6 This act becomes effective upon passage and approval.