Bill > AB139

Introduced Session

Legislative Counsel's Digest: Existing law requires, under certain circumstances, a local government to create 1 an enterprise fund exclusively for building permit fees and fees imposed for the 2 issuance of barricade permits and encroachment permits. Under existing law, 3 money in such an enterprise fund must not be used for any purpose other than the 4 actual direct and indirect costs of the program for the issuance of barricade permits, 5 encroachment permits and building permits, including the cost of checking plans, 6 issuing permits, inspecting buildings and administering the program. 7 (NRS 354.59891) 8 Section 1 of this bill authorizes the governing body of a county or city to 9 transfer money from the enterprise fund to pay the capital costs of constructing one 10 or more fire stations if: (1) the transfer does not cause the balance of the unreserved 11 working capital in the enterprise fund to be less than 50 percent of the annual 12 operating costs and capital expenditures for the program for the issuance of 13 barricade permits, encroachment permits and building permits; and (2) the 14 governing body finds that the construction of the fire station is necessary based on 15 an analysis of the need for infrastructure prepared between January 1, 2020, and 16 December 31, 2021. Section 1 also creates an exception to the requirement for the 17 county or city to reduce the fees it charges for barricade permits, encroachment 18 permits and building permits when the balance in the enterprise fund exceeds a 19 certain amount. Section 1 further: (1) prohibits the transfer of money from the 20 enterprise fund after December 31, 2021; (2) prohibits money transferred from the 21 enterprise fund from being committed for expenditure after December 31, 2023; 22 and (3) requires any portion of such money remaining to be reverted to the 23 enterprise fund on January 1, 2024. 24 Section 2 of this bill indicates the placement of section 1 in the Nevada 25 Revised Statutes. 26 Sections 3 and 4 of this bill create exceptions to existing provisions that restrict 27 the transfer and use of money from an enterprise fund. 28 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 354 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The governing body of a county or city that has created an 3 enterprise fund pursuant to NRS 354.59891 may transfer an 4 amount of money from the enterprise fund to pay the capital costs 5 of constructing one or more fire stations if: 6 (a) The transfer from the enterprise fund does not cause the 7 balance of unreserved working capital in the enterprise fund to be 8 less than 50 percent of the annual operating costs and capital 9 expenditures for the program for the issuance of barricade 10 permits, encroachment permits and building permits; and 11 (b) The governing body finds that the construction of the fire 12 station is necessary based on an analysis of the need for 13 infrastructure prepared pursuant to NRS 278.02591 between 14 January 1, 2020, and December 31, 2021. 15 2. Money transferred from an enterprise fund pursuant to 16 subsection 1 must only be used to pay the capital costs of 17 constructing one or more fire stations. 18 3. The provisions of subsection 6 of NRS 354.59891 do not 19 apply to a county or city that uses money from the enterprise fund 20 to the extent that the excess of the amount authorized pursuant to 21 paragraph (d) of subsection 4 of NRS 354.59891 is transferred 22 from the enterprise fund to pay the capital costs of constructing a 23 fire station pursuant to subsection 1. 24 4. No money may be transferred from an enterprise fund 25 pursuant to subsection 1 after December 31, 2021. Any remaining 26 balance of the money transferred from the enterprise fund 27 pursuant to subsection 1 must not be committed for expenditure 28 after December 31, 2023, and any portion of the money remaining 29 must be reverted to the enterprise fund on January 1, 2024. 30 Sec. 2. NRS 354.470 is hereby amended to read as follows: 354.470 NRS 354.470 to 354.626, inclusive, and section 1 of 2 this act may be cited as the Local Government Budget and Finance 3 Act. 4

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Melanie Scheible (D)*,  Steve Yeager (D)*,  Michelle Gorelow (D), 

Approved by the Governor. Chapter 239. (on 05/31/2021)

Official Document