SB462 - Revises provisions relating to state financial administration. (BDR 31-1156)

- 83rd Session (2025) Senate Bill No. 462–Committee on Finance CHAPTER.......... AN ACT relating to state financial administration; revising provisions relating to the preparation of the budget of the Executive Department of the State Government; revising provisions governing the Account to Stabilize the Operation of the State Government; revising provisions relating to the preparation of the statewide cost allocation plan; and providing other matters properly relating thereto. Legislative Counsel’s Digest: The State Budget Act sets forth the process for the preparation and submission of the proposed biennial budget for the Executive Department of the State Government. (NRS 353.150-353.246) In part, the Act requires the Chief of the Budget Division of the Office of Finance to provide to the Fiscal Analysis Division of the Legislative Counsel Bureau each agency’s adjusted base budget by program or budgetary account for the next 2 fiscal years. (NRS 353.211) The Act also requires the Chief to prepare a final version of the proposed budget, which is required to include the adjusted base budget for each department, institution and agency of the Executive Department. (NRS 353.230) Existing law defines the term “adjusted base budget” to mean the amount appropriated or authorized to support ongoing expenditures budgeted to the department, institution or agency by the Legislature for the second year of the current biennium, as adjusted for: (1) the removal of any one-time appropriation or authorization that was appropriated or authorized by the Legislature to the department, institution or agency for the second year of the biennium; (2) statewide fringe benefits, assessments, rent, insurance premiums and cost allocations; (3) contractual obligations that are approved or expired during the current biennium; (4) ongoing expenditures approved by the Interim Finance Committee during the current biennium; (5) any annualization of costs that occurred for part of the second year of the current biennium; (6) actual caseloads incurred during the first year of the biennium; (7) rate changes that are projected to affect the budget of the department, institution or agency during the next biennium; and (8) any other adjustment that is necessary based on the limit upon total proposed expenditures or as otherwise determined by the Chief. (NRS 353.211, 353.230) Sections 1 and 2 of this bill revise the adjustments that are authorized to be made to an agency’s base budget for purposes of these provisions. Under existing law, the Account to Stabilize the Operation of the State Government, also known as the Rainy Day Account, is an account created in the State General Fund into which surplus state revenues are required to be transferred annually to be used in case of fiscal emergencies. Such a transfer is required to occur after the close of the previous fiscal year and before the issuance of the State Controller’s annual report. The balance in the Account is prohibited from exceeding 26 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which the revenue will be transferred to the Account. (NRS 353.288) Section 3 of this bill changes the measurement for this limitation on the balance of the Account from the total of such appropriations and authorized expenditures for the fiscal year in which the revenue will be transferred to the Account to the total of such appropriations and authorized expenditures for the previous fiscal year. – 2 – - 83rd Session (2025) Under existing law, the Administrator of the Administrative Services Division of the Department of Administration is required to prepare annually a statewide cost allocation plan that distributes the indirect costs of service agencies among the agencies of the Executive Department of the State Government. (NRS 353.331) Section 4 of this bill transfers this duty to the Chief of the Budget Division of the Office of Finance. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 353.211 is hereby amended to read as follows: 353.211 1. On or before October 15 of each even-numbered year, the Chief shall provide to the Fiscal Analysis Division of the Legislative Counsel Bureau: (a) Computerized budget files containing the actual data regarding revenues and expenditures for the previous year; (b) The work programs for the current year; and (c) Each agency’s requested budget for the next 2 fiscal years [.] , which must include, without limitation: (1) The adjusted base budget of the agency; (2) The costs for continuing programs of the agency at the levels of service during the preceding biennium; and (3) The costs, if any, for any new program provided by the agency or any enhancement or reduction of an existing program provided by the agency. 2. On or before December 31 of each even-numbered year, the Chief shall provide to the Fiscal Analysis Division: [(a) Each] (a) Computerized budget files containing each agency’s adjusted base budget by program or budgetary account for the next 2 fiscal years; and (b) An estimated range of the costs for: (1) Continuing the operation of State Government; and (2) Providing elementary, secondary and higher public education,  at the current level of service. 3. The information provided to the Fiscal Analysis Division pursuant to subsections 1 and 2 is open for public inspection. 4. The Governor may authorize or direct an agency to hold public hearings on a budget submitted pursuant to paragraph (c) of subsection 1 at any time after the material is provided pursuant to subsection 1. – 3 – - 83rd Session (2025) 5. As used in this section, “adjusted base budget” means the [amount appropriated or authorized to support ongoing expenditures budgeted to] revenues received and expenditures made by the agency [by the Legislature for] during the [second] first year of the current biennium, as adjusted for: (a) The removal of any [one-time] : (1) One-time appropriation or authorization that was appropriated or authorized by the Legislature to the agency for the [second year of the] current biennium; [(b) Statewide] (2) Operating expenditures that are no longer required to be made by the agency as a result of the expiration of a program; (3) Contractual obligation that has expired or will expire during the current biennium and is no longer needed by the agency; and (4) One-time statewide fringe benefits [, assessments, rent,] and compensation for state officers and employees for the current biennium, including, without limitation, payment for overtime, seasonal work, shift differential and standby pay; (b) Any increase or decrease, as applicable, in: (1) Authority for revenue, internal transfers and reserves based on revenue projected for the next biennium; (2) The costs of in-state and out-of-state travel based on the market rate for such travel in the second year of the current biennium and for any change in the location of a reoccurring event that is included in the base budget for the current biennium; (3) The costs of renting building space pursuant to NRS 331.102 or a rental or lease agreement, except costs associated with moving, and including, without limitation, costs for: (I) The renewal or renegotiation of a rental or lease agreement; or (II) The relocation of the office space of an agency if the relocation is necessary as a result of the expiration of an existing lease, unavailability of the current facility or other operational requirements of the agency and the new facility is of a comparable size and functionality as the current location of the agency; (4) Assessments, insurance premiums and cost allocations [; (c) Contractual] based on projections for the next biennium; (5) The costs: (I) To continue services provided pursuant to contractual obligations that [are] were approved [or expired] by the Legislature during the current biennium [; – 4 – - 83rd Session (2025) (d)] at the same level as provided during the second year of the current biennium; and (II) For ongoing contractual obligations; (6) Expenditures that occur in only one year of a biennium; (7) Ongoing expenditures approved by the Interim Finance Committee during the current biennium; [(e)] and (8) Actual caseloads incurred during the first year of the current biennium; (c) Any annualization of [costs] : (1) Costs that occurred for part of the [second year of the] current biennium; [(f) Actual caseloads incurred during the first year of the biennium; (g) Rate changes that are projected to affect the budget of the agency during the next biennium;] and (2) Revenue from grants and corresponding expenditures; and [(h)] (d) Any other adjustment that is necessary: (1) Based on the limit upon total proposed expenditures calculated pursuant to NRS 353.213; or (2) As otherwise determined by the Chief. Sec. 2. NRS 353.230 is hereby amended to read as follows: 353.230 1. The Chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as the Chief may deem necessary in view of the needs of the various departments, institutions and agencies in the Executive Department of the State Government and the total anticipated income of the State Government and of the various departments, institutions and agencies of the Executive Department during the next fiscal year. In performing the duties required by this subsection, the Chief shall use the projections and estimates prepared by the Economic Forum pursuant to NRS 353.228. 2. The Chief shall meet with a Fiscal Analyst of the Legislative Counsel Bureau or his or her designated representative and personnel of the various departments, institutions and agencies of the Executive Department to discuss: (a) The budgetary requests of each department, institution and agency; and (b) The budgetary recommendations of the Budget Division for each department, institution and agency, – 5 – - 83rd Session (2025)  for the next 2 fiscal years. The Chief shall allow the Fiscal Analyst of the Legislative Counsel Bureau or his or her designated representative full access to all materials connected with the review. 3. The Chief shall then prepare a final version of the proposed budget, in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it to the Governor. The final version of the proposed budget must include the adjusted base budget for each department, institution and agency of the Executive Department, the costs for continuing each program at the current level of service and the costs, if any, for new programs, recommended enhancements of existing programs or reductions for the departments, institutions and agencies of the Executive Department for the next 2 fiscal years. All projections of revenue and any other information concerning future state revenue contained in the proposed budget must be based upon the projections and estimates prepared by the Economic Forum pursuant to NRS 353.228. 4. The Governor shall, not later than 14 calendar days before the commencement of the regular legislative session, submit the proposed budget to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The Governor shall simultaneously submit, as a separate document: (a) An analysis of any new programs or enhancements of existing programs being recommended; and (b) Any increase in or new revenues which are being recommended in the proposed budget.  The document must specify the total cost by department, institution or agency of new programs or enhancements, but need not itemize the specific costs. All projections of revenue and any other information concerning future state revenue contained in the document must be based upon the projections and estimates prepared by the Economic Forum pursuant to NRS 353.228. 5. On or before the 19th calendar day of the regular legislative session, the Governor shall submit to the Legislative Counsel recommendations for each legislative measure which will be necessary to carry out the final version of the proposed budget or to carry out the Governor’s legislative agenda. These recommendations must contain sufficient detailed information to enable the Legislative Counsel to prepare the necessary legislative measures. 6. During the consideration of the general appropriation bill and any special appropriation bills and bills authorizing budgeted expenditures by the departments, institutions and agencies operating on money designated for specific purposes by the Constitution or – 6 – - 83rd Session (2025) otherwise, drafted at the request of the Legislature upon the recommendations submitted by the Governor with the proposed budget, the Governor or a representative of the Governor have the right to appear before and be heard by the appropriation committees of the Legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him or her. 7. As used in this section, “adjusted base budget” means the [amount appropriated or authorized to support ongoing expenditures budgeted to] revenues received and expenditures made by the department, institution or agency [by the Legislature for] during the [second] first year of the current biennium, as adjusted for: (a) The removal of any [one-time] : (1) One-time appropriation or authorization that was appropriated or authorized by the Legislature to the department, institution or agency for the [second year of the] current biennium; [(b) Statewide] (2) Operating expenditures that are no longer required to be made by the agency as a result of the expiration of a program; (3) Contractual obligation that has expired or will expire during the current biennium and is no longer needed by the agency; and (4) One-time statewide fringe benefits [, assessments, rent,] and compensation for state officers and employees for the current biennium, including, without limitation, payment for overtime, seasonal work, shift differential and standby pay; (b) Any increase or decrease, as applicable, in: (1) Authority for revenu [Text truncated for display. 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