AB 361 — Revises provisions relating to state financial administration. (BDR 31-995)

A.B.Assembly Bill No.

361361–Assemblymen AMonroe-Moreno SSEMBLYand BC.H. ILLN O.

361–AMiller SSEMBLYMENCHAPTER.......... M ONROE -M ORENO AND C.H.

M ILLER M ARCH 21, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to state financial administration.

(BDR 31-995) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existingagency lawof requires,the withExecutive certainDepartment exceptions,of athe department,State institutionGovernment to request thetion or approval of the Interim Finance Committee to:

(NRS 353.220, 353.335) Section 1 of this bill provides that if such a department, institution or agency is required to have the approval of the Interim Finance Committee to accept a grant from the Federal Government and revise a work programthe todepartment, implementinstitution theor grant,agency uponmay submissionrequest ofthat the applicationInterim forFinance the grant, theCommittee department,grant institutionprovisional orapproval agencyto mayaccept requestthe thatgrant theand Interimrevise Financethe work program.

(1) the or (2) the amount provisionally approved by the Interim Finance Committee, plusplus; 10 percent;

or (2) the amount provisionally approved by the Interim Finance Committee, plus $75,000.

Sections 2 and 3 of this bill make conforming changes to create exceptions to general requirements that a department, institution or agency request approval from the Interim Finance Committee to amend a work program or accept a grant.

- *AB361* – 2 – Section 4 of this bill makes a conforming change to authorize the Interim Financethe CommitteeLegislature.e to consider such requests during a regular or special session of theEXPLANATION Legislature.– Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

A department, institution or agency of the Executive Department of the State Government that is required to have the approval of the Interim Finance Committee to accept a grant from the Federal Government and revise a work program to implement the grant may, upon submission of the application for the grant - 82nd Session (2023) – 2 – to the Federal Government, request that the Interim Finance Committee grant provisional approval for the department, institution or agency to accept the grant and revise the work program.

2.place a request submitted pursuant to subsection 1 on the agenda at the next meeting of the Interim Finance Committee.

The Secretary of the Interim Finance Committee shall place a request submitted pursuant to subsection 1 on the agenda at the next meeting of the Interim Finance Committee.

2.the form and with supporting information as the Chief prescribes.on 3.

EveryBefore encumbering any appropriated or authorized money, every request for revision must be submittedapproved toor disapproved in writing by the ChiefGovernor onor the formChief, andif withthe supportingGovernor informationhas asby thewritten Chiefinstrument prescribes.delegated this authority to the Chief.

3.

Before encumbering any appropriated or authorized money, every request for revision must be approved or disapproved in - *AB361* – 3 – writing by the Governor or the Chief, if the Governor has by written instrument delegated this authority to the Chief.

- 82nd Session (2023) – 3 – 5.

(a) Is necessary because of an emergency as defined in NRS 353.263 or for the protection of life or property, the Governor shall take reasonable and proper action to approve it and shall report the action, and his or her reasons for determining that immediate action was necessary, to the Interim Finance Committee at its first meeting after the action is taken.

7.Interim Finance Committee shall consider, among other things:

Inthe acting(a) uponThe aneed proposedfor revision of a work program, the Interimproposed Financerevision; Committee shall consider, among other things:

(a) The need for the proposed revision;

- *AB361* – 4 – 8.

Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from- any82nd sourceSession only(2023) if– it4 is– included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it isisure not so included, if it is approved as provided in subsection 2.

(b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious actionso bydeclares, the Interim Finance Committee.Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance.

Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance.

[The] Except as otherwise provided in section 1 of this act, the Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance.

In acting upon a proposed gift or grant, the Interim Finance CommitteeCom(a) shallThe consider,need amongfor otherthe things:facility or service to be provided or improved;

- *AB361* – 5 – (a) The need for the facility or service to be provided or improved;

and (b)- Governmental82nd grantsSession not(2023) exceeding– $150,0005 each– in value,  if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Office of Finance, the specific approval of the Chief.

(c) Legal services provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government pursuant to a contract for legal services entered into by or at the request of the Attorney General in accordanceacc(d) withArtifacts NRSdonated 228.112 to 228.1127,the inclusive;Department of Tourism and Cultural Affairs;

(d) Artifacts donated to the Department of Tourism and Cultural Affairs;