NRS 354.626
Unlawful expenditure of money in excess of amount appropriated

  • penalties
  • exceptions.

1.

No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor and upon conviction thereof ceases to hold his or her office or employment. Prosecution for any violation of this section may be conducted by the Attorney General or, in the case of incorporated cities, school districts or special districts, by the district attorney.

2.

Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

(a)

Purchase of coverage and professional services directly related to a program of insurance which require an audit at the end of the term thereof.

(b)

Long-term cooperative agreements as authorized by chapter 277 of NRS.

(c)

Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.

(d)

Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.

(e)

Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.

(f)

Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds, medium-term obligations or an installment-purchase agreement and that are entered into by the local government after:

(1)

Any election required for the approval of the bonds or installment-purchase agreement has been held;

(2)

Any approvals by any other governmental entity required to be obtained before the bonds, medium-term obligations or installment-purchase agreement can be issued have been obtained; and

(3)

The ordinance or resolution that specifies each of the terms of the bonds, medium-term obligations or installment-purchase agreement, except those terms that are set forth in subsection 2 of NRS 350.165, has been adopted.
Ê Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.

(g)

Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies, services and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.

(h)

Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.

(i)

The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.

(j)

The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.

(k)

The receipt by a local government of increased revenue that:

(1)

Was not anticipated in the preparation of the final budget of the local government; and

(2)

Is required by statute to be remitted to another governmental entity.

(l)

An agreement authorized pursuant to NRS 277A.370.
DELINQUENT DOCUMENTS AND PAYMENTS; FISCAL WATCH; TECHNICAL FINANCIAL ASSISTANCE; SEVERE FINANCIAL EMERGENCY

Source: Section 354.626 — Unlawful expenditure of money in excess of amount appropriated; penalties; exceptions., https://www.­leg.­state.­nv.­us/NRS/NRS-354.­html#NRS354Sec626.

354.470
Short title.
354.472
Purposes of Local Government Budget and Finance Act.
354.474
Applicability to local governments
354.475
Exemption of certain special districts from certain requirements of Local Government Budget and Finance Act
354.476
Definitions.
354.479
“Accrual basis” defined.
354.482
“Appropriation” defined.
354.484
“Assets” defined.
354.486
“Audit” defined.
354.492
“Budget” defined.
354.493
“Budget augmentation” defined.
354.496
“Budget year” defined.
354.499
“Capital assets” defined.
354.506
“Contingency account” defined.
354.510
“Debt service fund” defined.
354.516
“Encumbrances” defined.
354.517
“Enterprise fund” defined.
354.520
“Expenditure” defined.
354.523
“Expense” defined.
354.524
“Final budget” defined.
354.526
“Fiscal year” defined.
354.529
“Function” defined.
354.530
“Fund” defined.
354.533
“Fund balance” defined.
354.534
“General fund” defined.
354.535
“General long-term debt” defined.
354.536
“Governing body” defined.
354.543
“Internal service fund” defined.
354.548
“Liabilities” defined.
354.550
“Modified accrual basis” defined.
354.553
“Proprietary fund” defined.
354.557
“Regional facility” defined.
354.560
“Reserve” defined.
354.562
“Revenue” defined.
354.570
“Special revenue fund” defined.
354.571
“Supplemental city-county relief tax” defined.
354.574
“Tax rate” defined.
354.578
“Tentative budget” defined.
354.590
Actions of governing body by resolution or ordinance.
354.592
Publication of notice: Requirements
354.594
Committee on Local Government Finance to determine and advise local governments of regulations, procedures and report forms.
354.596
Tentative budget: Preparation, submission and filing
354.597
Tentative budget and final budget: Reduction of estimate of revenues by amount of taxes ad valorem expected to be delinquent.
354.598
Final budget: Adoption
354.599
Specified source of additional revenue required under certain circumstances when Legislature directs local governmental action requiring additional funding.
354.600
Contents of budget.
354.601
Construction of capital improvement without funding for operation and maintenance included in approved budget prohibited.
354.603
Separate accounts in bank, credit union, savings and loan association or savings bank for school district, county hospital, consolidated library district and district library.
354.604
Funds maintained by local governments.
354.608
Contingency account: Establishment
354.609
Petty cash, imprest or revolving account.
354.612
Establishment of one or more funds by resolution required
354.613
Enterprise funds: Loan or transfer of money in or associated with fund
354.616
Adjustment of expenses and revenues.
354.620
Unencumbered balance of appropriation lapses at end of fiscal year
354.624
Annual audit: Requirements
354.625
Records relating to property and equipment
354.626
Unlawful expenditure of money in excess of amount appropriated
354.4815
“Administrative entity” defined.
354.4817
“Anticipated revenue” defined.
354.4995
“Capital projects fund” defined.
354.5237
“Fiduciary fund” defined.
354.5943
Regulations establishing procedures for transferring function from one local government to another.
354.5945
Capital improvement plan: Preparation and submission
354.5947
Annual report concerning capital improvements owned, leased or operated by local government: Compilation
354.5965
Tentative budget: Inclusion and availability of list of certain contracts.
354.5982
Limitation upon revenue from taxes ad valorem: Authority to exceed pursuant to vote of people
354.5987
Establishment of allowed revenue from taxes ad valorem of certain local governments by Nevada Tax Commission.
354.5989
Limitations on fees for business licenses
354.6015
Fiscal report of local government: Requirements
354.6025
Annual report of indebtedness of local government: Requirement
354.6105
Fund for extraordinary maintenance, repair or improvement of capital projects.
354.6113
Fund for construction of capital projects.
354.6115
Fund to stabilize operation of local government and mitigate effects of natural disaster.
354.6116
Revenue from taxes ad valorem from lessee or user of certain taxable property to be deposited in or transferred to certain funds.
354.6117
Limitation on amount of money transferred to certain funds
354.6118
Interfund loans or loans to other local governments: Public hearing required.
354.6135
Governing body authorized to loan or transfer money from enterprise fund
354.6215
Limitation on use of reserves or balances of funds created to insure risks.
354.6241
Contents of statement provided by local government to auditor
354.6245
Review of annual audits by Department of Taxation
354.6256
Use of proceeds of certain obligations to pay operating expenses prohibited
354.59801
Local government to file copy of final budget and final plan for capital improvements for public inspection.
354.59803
Reporting of expenditures of local government for lobbying activities: Requirements
354.59811
Limitation upon revenue from taxes ad valorem: Calculation.
354.59813
Limitation upon revenue from taxes ad valorem: Levy of additional tax ad valorem for operating purposes under certain circumstances.
354.59815
Limitation upon revenue from taxes ad valorem: Levy of additional tax ad valorem for capital projects without approval of voters.
354.59817
Limitation upon revenue from taxes ad valorem: Levy of additional tax ad valorem for capital projects upon approval of voters.
354.59818
Limitation upon revenue from taxes ad valorem: Levy of additional tax ad valorem for operation of regional facility without approval of voters.
354.59819
Separate fund for revenue used for operation of regional facility.
354.59821
Limitation upon revenue from taxes ad valorem: Forms for submission of ballot question and examples of previous questions to be provided by Committee on Local Government Finance.
354.59874
Adjustment of allowed revenue from taxes ad valorem upon assumption by local government of function or provision of service previously performed by another local government pursuant to agreement between local governments.
354.59875
Calculation and imposition of common levy for unincorporated town
354.59881
Limitations on fees applicable to public utilities: Definitions.
354.59883
Limitations on fees applicable to public utilities: Adoption of ordinance imposing or increasing fee prohibited under certain circumstances.
354.59885
Limitations on fees applicable to public utilities: Submission of certain information by public utility before commencement of service
354.59887
Limitations on fees applicable to public utilities: Rate
354.59888
Limitations on fees applicable to public utilities: Procedure for resolving alleged errors concerning billing of customers of public utility that sells or resells personal wireless services for certain fees or designation of place of primary use.
354.59889
Limitations on fees applicable to public utilities: Change of fees.
354.59891
Limitations on fees for building permits, barricade permits and encroachment permits
354.59893
Advisory committee to review enterprise fund for issuance of building permits, barricade permits and encroachment permits: Establishment
354.598005
Procedures and requirements for augmenting or amending budget.
354.598155
Special ad valorem capital projects fund.
354.598743
Adjustment of allowed revenue from taxes ad valorem upon assumption by local government of function previously performed by another local government that no longer exists.
354.598747
Calculation of amount distributed from Local Government Tax Distribution Account to local government, special district or enterprise district that assumes functions of another local government or district.
354.598812
Limitations on fees applicable to public utilities: “Customer” defined.
354.598813
Limitations on fees applicable to public utilities: “Delinquent amount” defined.
354.598814
Limitations on fees applicable to public utilities: “Fee” defined.
354.598815
Limitations on fees applicable to public utilities: “Jurisdiction” defined.
354.598816
Limitations on fees applicable to public utilities: “Personal wireless service” defined.
354.598817
Limitations on fees applicable to public utilities: “Public utility” defined.
354.598818
Limitations on fees applicable to public utilities: “Revenue” defined.
354.5988165
Limitations on fees applicable to public utilities: “Place of primary use” defined.
Last Updated

Feb. 5, 2021

§ 354.626’s source at nv​.us