Nevada 2021 Regular Session Status: Enacted 2 D cosponsors

AB 139 — Revises provisions relating to local governments. (BDR 31-524)

Last action — Approved by the Governor. Chapter 239.

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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 February 15, 2021. Enacted.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    2 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

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Bill Text

What changed in the latest version

315 added · 366 removed

315 line(s) added, 366 removed.

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(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT A.B.
Assembly Bill No.
139 ASSEMBLY BILL NO .
139–Assemblymen Yeager;
139–ASSEMBLYMEN Y EAGER ;AND G ORELOW FEBRUARY 15, 2021 ____________ JOINT SPONSOR :
and Gorelow Joint Sponsor:
ENATOR S CHEIBLE ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to local governments.
Senator Scheible CHAPTER..........
(BDR 31-524) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
authorizing the governing body of a county or city to transfer money from certain enterprise funds to pay the costs for constructing a fire station;
authorizing the governing body of a county or city to transfer money from certain enterprise funds to pay the costs for constructing one or more fire stations;
requiring, under certain circumstances, the Committee on Local Government Finance to submit a report related to certain enterprise funds to the Director of the Legislative Counsel Bureau;
LegExisting law requires, under certain circumstances, a local government to create an enterprise fund exclusively for building permit fees and fees imposed for the issuance of barricade permits and encroachment permits.
Legislative Counsel’s Digest:
Under existing law, money in such an enterprise fund must not be used for any purpose other than the actual direct and indirect costs of the program for the issuance of barricade permits, encroachment permits and building permits, including the cost of checking plans, issuing permits,inspectingbuildingsand administeringthe program.
Existing law requires, under certain circumstances, a local government to create issuance of barricade permits and encroachment permits.
(NRSection 1 of this bill authorizes the governing body of a county or city to transfer money from the enterprise fund to pay the capital costs of constructing one fire station if:
Under existing law,r the money in such an enterprise fund must not be used for any purpose other than the actual direct and indirect costs of the program for the issuance of barricade permits, encroachment permits and building permits, including the cost of checking plans, issuing permits, inspecting buildings and administering the program.
(1) the transfer does not cause the balance of the unreserved working capital in the enterprise fund to be less than 50 percent of the annual operating costs and capital expenditures for the program for the issuance of barricade permits, encroachment permits and building permits;
(NRS 354.59891) Section 1 of this bill authorizes the governing body of a county or city to transfer money from the enterprise fund to pay the capital costs of constructing one or more fire stations if:
and (2) the governing body finds that the construction of the fire station is necessary based on an analysis of the need for 1 also creates an exception to the requirement for the county or city to reduce the - *AB139_R1* – 2 – fees it charges for barricade permits, encroachment permits and building permits when the balance in the enterprise fund exceeds a certain amount.
(1) the transfer does not cause the balance of the unreserved operating costs and capital expenditures for the program for the issuance ofual barricade permits, encroachment permits and building permits;
and (2) the governing body finds that the construction of the fire station is necessary based on an analysis of the need for infrastructure prepared between January 1, 2020, and December 31, 2021.
Section 1 also creates an exception to the requirement for the county or city to reduce the fees it charges for barricade permits, encroachment permits and building permits when the balance in the enterprise fund exceeds a certain amount.
(1) prohibits the transfer of money from the enterprise fund after December committed for expenditure after December 31, 2023;
(1) prohibits the transfer of money from the enterprise fund after December 31, 2021;
and (3) requires any portion of such money remaining to be reverted to the enterprise fund on January 1, 2024.
(2) prohibits money transferred from the and (3) requires any portion of such money remaining to be reverted to the23;
Additionally, section 1 requires the Committee on Local Government Finance to:
enterprise fund on January 1, 2024.
(1) review the fees imposed for the issuance of a building permit, barricade permit or encroachment permit by any local governing body that transfers money from an are excessive;
and (2) submit a report to the Director of the Legislative Counselfees Bureau.
- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
The governing body of a county or city that has created an enterprise fund pursuant to NRS 354.59891 may transfer an amount of money from the enterprise fund to pay the capital costs of constructing one fire station if:
The governing body of a county or city that has created an enterprise fund pursuant to NRS 354.59891 may transfer an amount of money from the enterprise fund to pay the capital costs of constructing one or more fire stations if:
and (b) The governing body finds that the construction of the fire station is necessary based on an analysis of the need for infrastructure prepared pursuant to NRS 278.02591 between January 1, 2020, and December 31, 2021.
and station is necessary based on an analysis of the need forthe fire infrastructure prepared pursuant to NRS 278.02591 between January 1, 2020, and December 31, 2021.
Money transferred from an enterprise fund pursuant to subsection 1 must only be used to pay the capital costs of constructing one fire station.
Money transferred from an enterprise fund pursuant to subsection 1 must only be used to pay the capital costs of constructing one or more fire stations.
The provisions of subsection 6 of NRS 354.59891 do not apply to a county or city that uses money from the enterprise fund to the extent that the excess of the amount authorized pursuant to paragraph (d) of subsection 4 of NRS 354.59891 is transferred from the enterprise fund to pay the capital costs of constructing one fire station pursuant to subsection 1.
The provisions of subsection 6 of NRS 354.59891 do not apply to a county or city that uses money from the enterprise fund to the extent that the excess of the amount authorized pursuant to paragraph (d) of subsection 4 of NRS 354.59891 is transferred from the enterprise fund to pay the capital costs of constructing a fire station pursuant to subsection 1.
Any remaining balance of the money transferred from the enterprise fund - *AB139_R1* – 3 – pursuant to subsection 1 must not be committed for expenditure after December 31, 2023, and any portion of the money remaining must be reverted to the enterprise fund on January 1, 2024.
Any remaining balance of the money transferred from the enterprise fund pursuant to subsection 1 must not be committed for expenditure after December 31, 2023, and any portion of the money remaining must be reverted to the enterprise fund on January 1, 2024.
5.
If the governing body of a county or city transfers money from an enterprise fund pursuant to subsection 1, the Committee on Local Government Finance must review the fees imposed by the governing body for the issuance of building permits, barricade permits and encroachment permits and determine whether the fees are excessive.
The Committee shall submit a report of its findings to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission.
The report must include, without limitation, the findings of the Committee on whether the fees are excessive and any recommendations for additional limitations for the use of money from an enterprise fund created pursuant to NRS 354.59891.
Any report required pursuant to this subsection is due one year after the date on which the governing body of the county or city transfers money from an enterprise fund pursuant to subsection 1.
Sec.
3.
NRS 354.59891 is hereby amended to read as follows:
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As used in this section:
As used in this section:nded to read as follows:
(a) “Barricade permit” means the official document issued by the building officer of a local government which authorizes the placement of barricade appurtenances or structures within a public right-of-way.
(a) “Barricade permit” means the official document issued by the building officer of a local government which authorizes the - 81st Session (2021) – 3 – right-of-way.barricade appurtenances or structures within a public (b) “Building permit” means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(b) “Building permit” means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(e) “Current asset” means any cash maintained in an enterprise fund and any interest or other income earned on the money in the - *AB139_R1* – 4 – enterprise fund that, at the end of the current fiscal year, is anticipated by a local government to be consumed or converted into cash during the next ensuing fiscal year.
(e) “Current asset” means any cash maintained in an enterprise enterprise fund that, at the end of the current fiscal year, ise anticipated by a local government to be consumed or converted into cash during the next ensuing fiscal year.
(i) “Working capital” means the excess of current assets over current liabilities, as determined by the local government at the end of the current fiscal year.
current liabilities, as determined by the local government at the end of the current fiscal year.
Except as otherwise provided in subsections 3 and 4, a local government shall not increase its building permit basis by more than an amount equal to the building permit basis on June 30, 1989, multiplied by a percentage equal to the percentage increase in the Western Urban Nonseasonally Adjusted Consumer Price Index, as published by the United States Department of Labor, from January 1, 1988, to the January 1 next preceding the fiscal year for which the calculation is made.
Except as otherwise provided in subsections 3 and 4, a local government shall not increase its building permit basis by more than an amount equal to the building permit basis on June 30, 1989, multiplied by a percentage equal to the percentage increase in the Western Urban Nonseasonally Adjusted Consumer Price Index, as published by the United States Department of Labor, from - 81st Session (2021) – 4 – which the calculation is made.y 1 next preceding the fiscal year for 3.
3.
Upon application by a local government, the Nevada Tax Commission shall exempt the local government from the limitation on the increase of its building permit basis if:
Upon application by a local government, the Nevada Tax on the increase of its building permit basis if:m the limitation (a) The local government creates an enterprise fund pursuant to NRS 354.612 exclusively for building permit fees, fees imposed for the issuance of barricade permits and fees imposed for encroachment permits;
(a) The local government creates an enterprise fund pursuant to NRS 354.612 exclusively for building permit fees, fees imposed for - *AB139_R1* – 5 – the issuance of barricade permits and fees imposed for encroachment permits;
[(d)] (3) The local government maintains a balance of unreserved working capital in the enterprise fund that does not exceed 50 percent of the annual operating costs and capital expenditures for the program for the issuance of barricade permits, encroachment permits and building permits of the local government, as determined by the annual audit of the local government conducted pursuant to NRS 354.624;
[(d)] (3) The local government maintains a balance of unreserved working capital in the enterprise fund that does not exceed 50 percent of the annual operating costs and capital expenditures for the program for the issuance of barricade permits, as determined by the annual audit of the local governmentvernment, conducted pursuant to NRS 354.624;
The Committee on Local Government Finance shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this [paragraph.] subparagraph.
The Committee on Local Government Finance shall adopt regulations governing the - 81st Session (2021) – 5 – permissible expenditures from an enterprise fund pursuant to this [paragraph.] subparagraph.
Any amount in an enterprise fund created pursuant to this section that is designated for special use, including, without limitation, prepaid fees and any other amount subject to a contractual agreement, must be identified as a restricted asset and must not be included as a current asset in the calculation of working capital.
Any amount in an enterprise fund created pursuant to this section that is designated for special use, including, without contractual agreement, must be identified as a restricted asset and must not be included as a current asset in the calculation of working capital.
Except as otherwise provided in this section [,] and section 1 of this act, the governing body of a local government may, on or after July 1, 2011, loan or transfer money from an - *AB139_R1* – 6 – enterprise fund, money collected from fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund only if the loan or transfer is made:
Except as otherwise provided in this section [,] and section 1 of this act, the governing body of a local government may, on or after July 1, 2011, loan or transfer money from an enterprise fund, money collected from fees imposed for the purpose for which an enterprise fund was created or any income or interest earned on money in an enterprise fund only if the loan or transfer is made:
(a) In accordance with a medium-term obligation issued by the recipient in compliance with the provisions of chapter 350 of NRS, the loan or transfer is proposed to be made and the governing body approves the loan or transfer under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and:
recipient in compliance with the provisions of chapter 350 of NRS, the loan or transfer is proposed to be made and the governing body approves the loan or transfer under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body, and:
(b) To pay the expenses related to the purpose for which the enterprise fund was created;
- 81st Session (2021) – 6 – enterprise fund was created;elated to the purpose for which the (c) For a cost allocation for employees, equipment or other resources related to the purpose of the enterprise fund which is approved by the governing body under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body;
(c) For a cost allocation for employees, equipment or other resources related to the purpose of the enterprise fund which is approved by the governing body under a nonconsent item that is separately listed on the agenda for a regular meeting of the governing body;
(b) The increase is necessary for the continuation or expansion of the purpose for which the enterprise fund was created;
(b) The increase is necessary for the continuation or expansion of (c) All fees that are deposited in the enterprise fund are used solely for the purposes for which the fees are collected.
and (c) All fees that are deposited in the enterprise fund are used solely for the purposes for which the fees are collected.
This requirement - *AB139_R1* – 7 – does not apply to the governing body of a federally regulated airport.
This requirement does not apply to the governing body of a federally regulated airport.
5.
This section must not be construed to:
6.
- 81st Session (2021) – 7 – on Local Government Finance a copy of each report submitted toe the Department on or after July 1, 2011, by a county or city pursuant to NRS 354.6015.
The Department of Taxation shall provide to the Committee on Local Government Finance a copy of each report submitted to the Department on or after July 1, 2011, by a county or city pursuant to NRS 354.6015.
8.
Committee on Local Government Finance shall adopt regulationse setting forth the extent to which general, overhead, administrative and similar expenses of a local government of a type described in paragraph (c) of subsection 1 may be allocated to an enterprise fund.
For the purposes of paragraph (c) of subsection 1, the Committee on Local Government Finance shall adopt regulations setting forth the extent to which general, overhead, administrative and similar expenses of a local government of a type described in paragraph (c) of subsection 1 may be allocated to an enterprise fund.
(a) Each cost allocation makes an equitable distribution of all general, overhead, administrative and similar expenses of the local - *AB139_R1* – 8 – government among all activities of the local government, including the activities funded by the enterprise fund;
(a) Each cost allocation makes an equitable distribution of all general, overhead, administrative and similar expenses of the local government among all activities of the local government, including the activities funded by the enterprise fund;
Except as otherwise provided in subsections 10 and 11, if a local government has subsidized its general fund with money from an enterprise fund for the 5 fiscal years immediately preceding the fiscal year beginning on July 1, 2011, the provisions of subsection 1 do not apply to transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund if the local government:
Except as otherwise provided in subsections 10 and 11, if a local government has subsidized its general fund with money from an enterprise fund for the 5 fiscal years immediately preceding the do not apply to transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund if the local government:
and (b) Does not, on or after July 1, 2011, increase any fees for any enterprise fund used to subsidize the general fund except for increases described in paragraph (b) of subsection 5.
and - 81st Session (2021) – 8 – (b) Does not, on or after July 1, 2011, increase any fees for any enterprise fund used to subsidize the general fund except for increases described in paragraph (b) of subsection 5.
(a) On or before July 1, 2018, the Committee on Local Government Finance has approved a plan adopted by the governing body of the local government to eliminate transfers from an enterprise fund to subsidize the general fund of the local government that are not made in compliance with subsection 1, which must include, without limitation, a plan to reduce, by at least 3.3 percent each fiscal year during the term of the plan, the amount of the transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund;
(a) On or before July 1, 2018, the Committee on Local Government Finance has approved a plan adopted by the governing body of the local government to eliminate transfers from an enterprise fund to subsidize the general fund of the local which must include, without limitation, a plan to reduce, by at least 3.3 percent each fiscal year during the term of the plan, the amount of the transfers from the enterprise fund to the general fund of the local government for the purpose of subsidizing the general fund;
After the expiration of the term of a plan approved by the Committee on Local Government Finance pursuant to subsection - *AB139_R1* – 9 – 10, the provisions of subsection 1 apply to the local government that adopted the plan.
After the expiration of the term of a plan approved by the Committee on Local Government Finance pursuant to subsection 10, the provisions of subsection 1 apply to the local government that adopted the plan.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
(Deleted by amendment.) Sec.
Sec.
June 30, 2024.s 1 to 4, inclusive, of this act expire by limitation on H - *AB139_R1*
2.
Sections 1 to 4, inclusive, of this act expire by limitation on June 30, 2024.
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 239.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 15, Nays: 6.) To Assembly.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

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

  9. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  10. From printer. To reengrossment. Reengrossed. Second reprint. To Senate.

  11. To printer. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on Chief Clerk's desk. Taken from Chief Clerk's desk. Placed on General File. Read third time. Amended. (Amend. No. 489.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 40, Nays: 2.) To printer.

  12. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 336.) Dispensed with reprinting.

  13. From printer. To committee.

  14. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 64 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (64)

64 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety finance housing
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Frequently asked questions

Who sponsors AB 139?
AB 139 is sponsored by Yeager, Steve (Democratic), Scheible, Melanie (Democratic), and Gorelow, Michelle.
What is the current status of AB 139?
This bill has been enacted into law. Introduced February 15, 2021. Enacted.
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