Nevada 2019 Regular Session Status: Enacted

AB 84 — Provides for the issuance of state general obligation bonds to protect, preserve and obtain the benefits of the property and natural and cultural resources of the State of Nevada. (BDR S-326)

Last action — Chapter 480.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 21, 2018. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to state resources; providing for the issuance of state general obligation bonds to protect, preserve and obtain the benefits of the property and natural and cultural resources of the State of Nevada; providing for the use of the proceeds of the bonds; repealing the prospective extension of the period for the issuance of certain bonds; making an appropriation; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

335 added · 363 removed

335 line(s) added, 363 removed.

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EXEMPT (Reprinted with amendments adopted on May 27, 2019) FIRST REPRINT A.B.
Assembly Bill No.
84 A SSEMBLY BILL NO .
84–Committee on Ways and Means CHAPTER..........
84–COMMITTEE ON W AYS AND M EANS (ON BEHALF OF THE O FFICE OF THEG OVERNOR ) PREFILED N OVEMBER 21, 2018 ____________ Referred to Committee on Ways and Means SUMMARY—Provides for the issuance of state general obligation bonds to protect, preserve and obtain the benefits of the property and natural and cultural resources of the State of Nevada.
(BDR S-326) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
At the general election held on November 5, 2002, the Legislature submitted to obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State in an amount not to exceed $200,000,000.
At the general election held on November 5, 2002, the Legislature submitted to the voters of this State and the voters approved a proposal to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State in an amount not to exceed $200,000,000.
The ballot question allocated specific amounts of the bond proceeds to various governmental entities for specified programs and projects.
The ballot question allocated specific amounts of the bond proceeds Statutes of Nevada 2001, 17th Special Session, p.
(Chapter 6, Statutes of Nevada 2001, 17th Special Session, p.
104) This bill requires the State Board of Finance to issue an additional $217,500,000 in state general obligation bonds to continue to protect, preserve and obtain the benefits of the property and natural and cultural resources of this State.
104) This bill requires the State Board of Finance to issue an additional $217,500,000 in state general obligation natural and cultural resources of this State.
The Nevada Constitution limits the amount of debt of the State of Nevada to 2 percent of the assessed valuation of the State, but exempts from that limitation debt incurred for the protection and preservation of the State’s property or natural - *AB84_R1* – 2 – resources or for the purposes of obtaining the benefits thereof.
The Nevada Constitution limits the amount of debt of the State of Nevada to 2 incurred for the protection and preservation of the State’s property or naturaln debt resources or for the purposes of obtaining the benefits thereof.
years after an election that is required to authorize their issuance.
Existing law includes a limitation on the issuance or sale of bonds more than 6 years after an election that is required to authorize their issuance.
(NRS 349.078) In 2007, 2013 and 2017, the Legislature made exceptions to this 6-year limitation for the bonds issued pursuant to the 2002 ballot question by extending the period for the issuance of those bonds until December 31, 2011, June 30, 2019, and June 30, 2024, respectively.
(NRS 349.078) In the bonds issued pursuant to the 2002 ballot question by extending the period forr the issuance of those bonds until December 31, 2011, June 30, 2019, and June 30, 2024, respectively.
1089, chapter 251, Section 9 of this bill repeals the June 30, 2024, extension, thereby expiring the period for issuance of bonds pursuant to the 2002 ballot question on June 30, 2019.
1089, chapter 251, Statutes of Nevada 2013, p.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1055, chapter 33, Statutes of Nevada 2017, p.
Section 1.
139) Section 9 of this bill repeals the June 30, 2024, extension, thereby expiring the period for issuance of bonds pursuant to the 2002 ballot question on June 30, 2019.
- 80th Session (2019) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
Except as otherwise provided in subsection 9 of section 3 of this act, of the total bonds issued pursuant to section 1 of this act:
Except as otherwise provided in subsection 9 of section of this act, of the total bonds issued pursuant to section 1 of this act1.
1.
- *AB84_R1* – 3 – (a) For the acquisition of real or personal property or interests in real or personal property to enhance, protect and manage wildlife habitat or enhance recreational opportunities related to wildlife, or both;
(a) For the acquisition of real or personal property or interests in real or personal property to enhance, protect and manage wildlife habitat or enhance recreational opportunities related to wildlife, or both;
(b) Constructing buildings and other facilities for the Preserve;
- 80th Session (2019) – 3 – (b) Constructing buildings and other facilities for the Preserve;
(b) Acquire and develop land and water rights;
(c) Provide recreational facilities;er rights;
(c) Provide recreational facilities;
Programs and projects paid for by the allocation made pursuant property and natural resources of this State, or for the purposes ofe obtaining the benefits thereof.
Programs and projects paid for by the allocation made pursuant to this subsection must be for the protection and preservation of the property and natural resources of this State, or for the purposes of obtaining the benefits thereof.
of Museums and History of the Department of Tourism and Culturalon Affairs to carry out the purposes set forth in this subsection.
5.
An amount of $30,000,000 must be allocated to the Division of Museums and History of the Department of Tourism and Cultural Affairs to carry out the purposes set forth in this subsection.
(2) The improvement of such a museum;
An amount of $5,000,000 must be allocated to the State Land Registrar of the Division of State Lands of the State Department of Conservation and Natural Resources to purchase or enter into a public-private partnership, or both, for the preservation, - *AB84_R1* – 4 – rehabilitation, restoration, reconstruction or adaptive reuse of properties in this State listed on the National Register of Historic Places maintained pursuant to 54 U.S.C.
An amount of $5,000,000 must be allocated to the State Land Registrar of the Division of State Lands of the State Department of Conservation and Natural Resources to purchase or enter into a public-private partnership, or both, for the preservation, rehabilitation, restoration, reconstruction or adaptive reuse of properties in this State listed on the National Register of Historic Places maintained pursuant to 54 U.S.C.
7.
- 80th Session (2019) – 4 – 7.
An amount of $10,000,000 must be allocated to the State Department of Conservation and Natural Resources for grants to state agencies, local governments, water conservancy districts, conservation districts and nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection to enhance and restore the Truckee River corridor and watershed and the Carson River corridor and watershed.
An amount of $10,000,000 must be allocated to the State Department of Conservation and Natural Resources for grants to state agencies, local governments, water conservancy districts, conservation districts and nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant and watershed and the Carson River corridor and watershed.
The Director of the State Department of Conservation and Natural Resources shall adopt such regulations as the Director determines are necessary to make the grants described in this subsection.
Therridor Director of the State Department of Conservation and Natural Resources shall adopt such regulations as the Director determines are necessary to make the grants described in this subsection.
An amount of $5,000,000 must be allocated to the State Department of Conservation and Natural Resources for grants to located within those counties that qualify for grants pursuant to the regulations adopted by the Director of the State Department of enhance and develop the Lake Tahoe Path System.
An amount of $5,000,000 must be allocated to the State Department of Conservation and Natural Resources for grants to Douglas County, Washoe County or Carson City and municipalities located within those counties that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection to enhance and develop the Lake Tahoe Path System.
Money awardedn to pursuant to this subsection must be used to acquire land for the path system or develop the path system.
Money awarded pursuant to this subsection must be used to acquire land for the path system or develop the path system.
The regulations adopted by the Director must state whether and to what degree applicants for grants must match any money awarded.
The regulations adopted by the Director must state whether and to what degree applicants for grants mus10.
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10.
(1) Grants to state agencies, local governments or nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as appropriate, for the design and construction of recreational facilities, campsites - *AB84_R1* – 5 – and trails, including, without limitation, hiking, equestrian and bicycle trails.
(1) Grants to state agencies, local governments or nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as appropriate, for the design and construction of recreational facilities, campsites and trails, including, without limitation, hiking, equestrian and bicycle trails.
Programs and projects paid for by grants made pursuant to this subparagraph must be for the protection and preservation of the property and natural resources of this State, or for the purposes of obtaining the benefits thereof.
Programs and projects paid for by grants made pursuant to this subparagraph must be for the protection and - 80th Session (2019) – 5 – preservation of the property and natural resources of this State, or for the purposes of obtaining the benefits thereof.
(2) Grants to counties and municipalities for the acquisition of land and water rights or interests in land and water rights to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, wetlands and other environmental resources pursuant to an adopted plan for open spaces.
(2) Grants to counties and municipalities for the acquisition of land and water rights or interests in land and water rights to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, wetlands and other spaces.
Grants made pursuant to this subparagraph must be coordinated with the Division of State Lands of the State Department of Conservation and Natural Resources.
Grants made pursuant to this subparagraph must bepen coordinated with the Division of State Lands of the State Department of Conservation and Natural Resources.
(3) Grants to state agencies, counties, municipalities, conservation districts or nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as appropriate, for the acquisition of credits through a system that awards credits to persons, federal and state agencies, counties, municipalities, conservation districts and restore sagebrush ecosystems established by the Sagebrushance or Ecosystem Council created by NRS 232.162.
(3) Grants to state agencies, counties, municipalities, conservation districts or nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as appropriate, for the acquisition of credits through a system that awards credits to persons, federal and state agencies, counties, municipalities, conservation districts and nonprofit organizations who take measures to protect, enhance or restore sagebrush ecosystems established by the Sagebrush Ecosystem Council created by NRS 232.162.
Credits may only be retirement of the credits.subparagraph for the purpose of the (4) Grants to state agencies, local governments, conservation districts and nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as appropriate, for the purposes of carrying out projects to create resilient landscapes by reducing the threat of catastrophic wildfire, improving the condition and ecological health of watersheds or rehabilitating lands damaged by wildland fires.
Credits may only be acquired pursuant to this subparagraph for the purpose of the retirement of the credits.
(4) Grants to state agencies, local governments, conservation districts and nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as resilient landscapes by reducing the threat of catastrophic wildfire, improving the condition and ecological health of watersheds or rehabilitating lands damaged by wildland fires.
Grants made pursuant to this subparagraph must be - *AB84_R1* – 6 – coordinated with the Nevada Natural Heritage Program within the State Department of Conservation and Natural Resources and the Department of Wildlife.
Grants made pursuant to this subparagraph must be coordinated with the Nevada Natural Heritage Program within the - 80th Session (2019) – 6 – State Department of Conservation and Natural Resources and the Department of Wildlife.
The investment of this State in any property acquired pursuant to this paragraph must be secured by an interest in the property.
The investment of this State in any property acquired pursuant to this paragraph must be secured by an The Director of the State Department of Conservation and Natural Resources shall adopt such regulations as the Director determines are necessary to carry out the programs and projects and make the grants described in this subsection.
 The Director of the State Department of Conservation and Natural Resources shall adopt such regulations as the Director determines are necessary to carry out the programs and projects and make the grants described in this subsection.
The Director of the State Department of Conservation and Natural Resources shall administer the account created pursuant to subsection 1 and prescribe the method pursuant to which the described in section 2 of this act may request money from thects account in accordance with the allocations made pursuant to that sec3.on.Any interest or income earned on the money in the account must be credited to the account.
The Director of the State Department of Conservation and Natural Resources shall administer the account created pursuant to subsection 1 and prescribe the method pursuant to which the governmental entities which administer the programs and projects described in section 2 of this act may request money from the account in accordance with the allocations made pursuant to that section.
Any money remaining in the account at the end of the fiscal year does not revert to the State General Fund but remains in the account for authorized expenditure.
3.
4.
Any interest or income earned on the money in the account must be credited to the account.
All claims against the account must be paid as other claims against the State are paid.
Any money remaining in the account at the end of the fiscal year does not revert to the State Gen4.al All claims against the account must be paid as other claims against the State are paid.
- *AB84_R1* – 7 – (a) Must be acquired and held by the Division of State Lands of the State Department of Conservation and Natural Resources pursuant to chapter 321 of NRS.
- 80th Session (2019) – 7 – (a) Must be acquired and held by the Division of State Lands of the State Department of Conservation and Natural Resources pursuant to chapter 321 of NRS.
Any property acquired pursuant to the provisions of this act may include easements and other interests in land.
Any property acquired pursuant to the provisions of this act any interest in land pursuant to this act, recipients of moneyiring pursuant to this act must consider such alternatives to the acquisition of fee simple title as may be available, including, without limitation, the acquisition of easements and remainders after life estates.
Before acquiring any interest in land pursuant to this act, recipients of money pursuant to this act must consider such alternatives to the acquisition of fee simple title as may be available, including, without limitation, the acquisition of easements and remainders after life estates.
If any interests in land or water acquired by the State pursuant to this act, or portions thereof, are later determined not to be necessary to carry out the purposes of the act, those interests may be sold or leased by the Division of State Lands pursuant to chapter 321 of NRS and the proceeds deposited in the account created pursuant to subsection 1.
If any interests in land or water acquired by the State pursuant to this act, or portions thereof, are later determined not to be necessary to carry out the purposes of the act, those interests may be sold or leased by the Division of State Lands pursuant to chapter of NRS and the proceeds deposited in the account created pursuant to subsection 1.
Money may be reallocated among the purposes set forth in each subsection of section 2 of this act with the advance approval of the10.
Money may be reallocated among the purposes set forth in each subsection of section 2 of this act with the advance approval of the Interim Finance Committee.
The Interim Finance Committee must approve the issuance of any bonds issued pursuant to this act if the proceeds of which will of section 2 of this act.set forth in paragraph (a) of subsection 10 11.
10.
Except as otherwise provided in subsection 12, all money derived from bonds issued pursuant to this act and any interest earned thereon may be used only to pay, reimburse, finance or otherwise provide money for items which are capital expenditures as defined in the regulations adopted pursuant to section 150 of the Internal Revenue Code of 1986, as amended, 26 U.S.C.
The Interim Finance Committee must approve the issuance of any bonds issued pursuant to this act if the proceeds of which will be used for the purposes set forth in paragraph (a) of subsection 10 of section 2 of this act.
11.
Except as otherwise provided in subsection 12, all money earned thereon may be used only to pay, reimburse, finance orst otherwise provide money for items which are capital expenditures as defined in the regulations adopted pursuant to section 150 of the Internal Revenue Code of 1986, as amended, 26 U.S.C.
On or before February 1 of each year, the State Department of Conservation and Natural Resources shall prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding all programs and - *AB84_R1* – 8 – projects that received money from the account created pursuant to subsection 1 during the immediately preceding calendar year.
On or before February 1 of each year, the State Department of Conservation and Natural Resources shall prepare and submit to - 80th Session (2019) – 8 – the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding all programs and projects that received money from the account created pursuant to subsection 1 during the immediately preceding calendar year.
1.
property and natural resources of this State and for the purpose of obtaining the benefits thereof;
Is necessary for the protection and preservation of the property and natural resources of this State and for the purpose of obtaining the benefits thereof;
If any provision of this act, or application thereof to shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this endSec.
If any provision of this act, or application thereof to any person, thing or circumstance, is held invalid, the invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
8.
1.
There is hereby appropriated from the Statele.
Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently - 80th Session (2019) – 9 – granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
- *AB84_R1* – 9 – Sec.
Sec.
Section 1 of chapter 33 of Statutes of Nevada 2017, at pagSec.
Section 1 of chapter 33 of Statutes of Nevada 2017, at page 139, is hereby repealed.
Sec.
2.
July 1, 2019.ons 1 to 8.5, inclusive, of this act become effective on ~~~~~ 19 - 80th Session (2019)
Sections 1 to 8.5, inclusive, of this act become effective on July 1, 2019.
TEXT OF REPEALED SECTION Section 1 of chapter 33, Statutes of Nevada 2017, at page 139:
Section 1.
Section 1 of chapter 251, Statutes of Nevada 2013, at page 1055, is hereby amended to read as follows:
Section 1.
Notwithstanding the provisions of NRS 349.078, the State Board of Finance may continue to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State pursuant to chapter 6, Statutes of conditions of that act until June 30, [2019.] 2024.
The provisions of that act apply to all such issuances of bonds, including, without limitation, to the manner of their issuance and the authorized uses of the proceeds of the bonds.
H - *AB84_R1*
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Action History

  1. Chapter 480.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed. Title approved. (Yeas: 20, Nays: 1.) To Assembly. In Assembly. To enrollment.

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

  6. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.

  7. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 910.) To printer.

  8. Notice of exemption.

  9. Read first time. To committee.

  10. From printer.

  11. Prefiled. Referred to Committee on Ways and Means. To printer.

Sponsors

  • Assembly Committee on Ways and Means · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Ways and Means

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does AB 84 do?
AN ACT relating to state resources; providing for the issuance of state general obligation bonds to protect, preserve and obtain the benefits of the property and natural and cultural resources of the State of Nevada; providing for the use of the proceeds of the bonds; repealing the prospective extension of the period for the issuance of certain bonds; making an appropriation; and providing other matters properly relating thereto.
Who sponsors AB 84?
AB 84 is sponsored by Assembly Committee on Ways and Means.
What is the current status of AB 84?
This bill has been enacted into law. Introduced November 21, 2018. Enacted.
Where can I track AB 84?
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