AB527A - Revises provisions relating to state financial administration. (BDR 31-1199)

EXEMPT (Reprinted with amendments adopted on June 5, 2023) FIRST REPRINT A.B. 527 - *AB527_R1* ASSEMBLY BILL NO. 527–COMMITTEE ON WAYS AND MEANS MAY 31, 2023 ____________ Referred to Committee on Ways and Means SUMMARY—Revises provisions relating to state financial administration. (BDR 31-1199) 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. AN ACT relating to state financial administration; revising requirements relating to the preparation of the state budget; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Chief of the Budget Division of the Office of Finance 1 in the Office of the Governor to prepare a proposed budget for the Executive 2 Department of the State Government. (NRS 353.185) Existing law requires the 3 Judicial and Legislative Departments of the State Government, the Public 4 Employees’ Retirement System and the Tahoe Regional Planning Agency to submit 5 to the Chief of the Budget Division for his or her information a copy of the budgets 6 that they propose to submit to the Legislature. (NRS 353.210) Under existing law, 7 the proposed budget for each fiscal year of a biennium is required to include a 8 reserve of not less than 5 percent or more than 10 percent of the total of all 9 proposed appropriations from the State General Fund for the operation of the State 10 Government and authorized expenditures from the State General Fund for the 11 regulation of gaming for that fiscal year. (NRS 353.213) This bill requires the Chief 12 of the Budget Division to include the total amount of appropriations included in the 13 budgets submitted by the Judicial and Legislative Departments of the State 14 Government, the Public Employees’ Retirement System and the Tahoe Regional 15 Planning Agency in the calculation of the reserve in the proposed budget. 16 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 353.210 is hereby amended to read as follows: 1 353.210 1. Except as otherwise provided in subsections 6 and 2 7, on or before September 1 of each even-numbered year, all 3 – 2 – - *AB527_R1* departments, institutions and other agencies of the Executive 1 Department of the State Government, and all agencies of the 2 Executive Department of the State Government receiving state 3 money, fees or other money under the authority of the State, 4 including those operating on money designated for specific purposes 5 by the Nevada Constitution or otherwise, shall prepare, on blanks 6 furnished them by the Chief, and submit to the Chief: 7 (a) The number of full-time equivalent positions within the 8 department, institution or agency. 9 (b) The number of full-time equivalent positions within the 10 department, institution or agency that have been vacant for at least 11 12 months, the number of months each such position has been 12 vacant and the reasons for each such vacancy. 13 (c) Any existing contracts for services the department, 14 institution or agency has with temporary employment services or 15 other persons, the proposed expenditures for such contracts in the 16 next 2 fiscal years and the reasons for the use of such services. If 17 such contracts include any privatization contracts, a copy of each of 18 those privatization contracts together with: 19 (1) A statement specifying the duration of the privatization 20 contracts; 21 (2) The number of privatization contracts proposed for the 22 next 2 fiscal years and the estimated expenditures for the 23 privatization contracts; and 24 (3) An analysis of each of the privatization contracts, which 25 includes, without limitation: 26 (I) For the preceding, current and next fiscal years, the 27 annual amount required to perform each of the privatization 28 contracts; and 29 (II) For the preceding and current fiscal years, the number 30 of persons the department, institution or agency employed pursuant 31 to the privatization contracts, reflected as the equivalent full-time 32 position if the persons were regularly employed by the department, 33 institution or agency, including the equivalent hourly wage and the 34 cost of benefits for each job classification. 35 (d) If the department, institution or agency has any existing 36 performance contracts that it has entered into pursuant to chapter 37 333A of NRS, any request to reinvest any savings realized under 38 such a contract for the next 2 fiscal years. 39 (e) Estimates of expenditure requirements of the department, 40 institution or agency, together with all anticipated income from fees 41 and all other sources, for the next 2 fiscal years compared with the 42 corresponding figures of the last completed fiscal year and the 43 estimated figures for the current fiscal year. 44 – 3 – - *AB527_R1* 2. The Chief shall direct that one copy of the forms submitted 1 pursuant to subsection 1, accompanied by every supporting schedule 2 and any other related material, be delivered directly to the Fiscal 3 Analysis Division of the Legislative Counsel Bureau on or before 4 September 1 of each even-numbered year. 5 3. The Budget Division of the Office of Finance shall give 6 advance notice to the Fiscal Analysis Division of the Legislative 7 Counsel Bureau of any conference between the Budget Division of 8 the Office of Finance and personnel of other state agencies 9 regarding budget estimates. A Fiscal Analyst of the Legislative 10 Counsel Bureau or his or her designated representative may attend 11 any such conference. 12 4. The estimates of expenditure requirements submitted 13 pursuant to subsection 1 must be classified to set forth the data 14 of funds, organizational units, and the character and objects of 15 expenditures by program or budgetary account and by category of 16 expense, and must include a mission statement and measurement 17 indicators in adequate detail to comply with the requirements of 18 subparagraph (3) of paragraph (b) of subsection 1 of NRS 353.205. 19 The organizational units may be subclassified by functions and by 20 agencies, bureaus or commissions, or in any other manner at the 21 discretion of the Chief. 22 5. If any department, institution or other agency of the 23 Executive Department of the State Government, whether its money 24 is derived from state money or from other money collected under 25 the authority of the State, fails or neglects to submit estimates of its 26 expenditure requirements as provided in this section, the Chief may, 27 from any data at hand in the Chief’s office or which the Chief may 28 examine or obtain elsewhere, make and enter a proposed budget for 29 the department, institution or agency in accordance with the data. 30 6. Agencies, bureaus, commissions and officers of the 31 Legislative Department, the Public Employees’ Retirement System 32 and the Judicial Department of the State Government shall submit to 33 the Chief for his or her information in preparing the proposed 34 executive budget the budgets which they propose to submit to the 35 Legislature. The Chief shall include the total amount of 36 appropriations included in the budgets submitted pursuant to this 37 subsection in the calculation of the reserve required pursuant to 38 subsection 3 of NRS 353.213. 39 7. On or before September 1 of each even-numbered year, the 40 Tahoe Regional Planning Agency shall submit the budget which the 41 Agency proposes to submit to the Legislature to: 42 (a) The Chief for his or her information in preparing the 43 proposed executive budget. The Chief shall include the total 44 amount of appropriations included in the budget submitted 45 – 4 – - *AB527_R1* pursuant to this subsection in the calculation of the reserve 1 required pursuant to subsection 3 of NRS 353.213. 2 (b) The Fiscal Analysis Division of the Legislative Counsel 3 Bureau. 4 8. The information provided by a department, institution or 5 agency pursuant to paragraph (c) of subsection 1 is a public record 6 and must be open to public inspection. 7 9. As used in this section, “privatization contract” means a 8 contract executed by or on behalf of a department, institution or 9 agency which authorizes a private entity to provide public services 10 which are: 11 (a) Substantially similar to the services performed by the public 12 employees of the department, institution or agency; and 13 (b) In lieu of the services otherwise authorized or required to be 14 provided by the department, institution or agency. 15 Sec. 2. (Deleted by amendment.) 16 Sec. 3. This act becomes effective on July 1, 2023. 17 H