NAC354.084. Transfer plans and intergovernmental agreements: Contents.

A transfer plan or intergovernmental agreement:

     1. Must include:

     (a) Such information as is necessary to complete the transfer of the function, including, without limitation, a complete description of:

          (1) The function being transferred; and

          (2) The mechanism to be used to pay for the performance of that function; and

     (b) The effective date of the transfer of the function. If the transfer is from a state agency to a local government or from a local government to a state agency, and the affected entities have not agreed to waive the notice required by subsection 1 of NAC 354.078, the effective date of the transfer must not be any earlier than July 1 of the year after the year in which that notice is given, except that the affected entities, by mutual agreement, may specify an earlier effective date.

     2. May include, without limitation, one or more of the following:

     (a) The statutory authority for the performance of the function being transferred.

     (b) A description of the reasons for the transfer of the function, such as, without limitation, any improvements in the management or delivery of governmental services, in the implementation of the laws of this State or in the efficiency of governmental operations which are expected to result from the transfer.

     (c) A description of any potential financial effect of the transfer of the function on the affected entities, such as, without limitation, any potential effect of the transfer on the amount an affected entity will receive from the Local Government Tax Distribution Account or will be allowed to receive from taxes ad valorem.

     (d) A detailed description of the transfer or other disposition, including the timing thereof, of any records, property or personnel affected by the transfer of the function.

     (e) An analysis of the effect of the transfer of the function on the employees who were administering the function before the transfer and the status of those employees upon the completion of the transfer.

     (f) Information concerning the payment of any outstanding obligations relating to the function being transferred, such as, without limitation, the affected entity responsible for the outstanding obligations, the manner and timing of the payment of the outstanding obligations, and methods to ensure the sufficiency of assets to satisfy the outstanding obligations.

     (g) Information concerning the affected entity responsible for prosecuting, defending or conducting any proceedings relating to the function being transferred which are pending on the effective date of the transfer of the function.

     (h) A description of any conditions under which the transfer of the function may be terminated or rescinded and of any procedure for terminating or rescinding the transfer.

     (i) Any procedure for resolving any disputes between the affected entities regarding the transfer of the function which arise after the transfer.

     (Added to NAC by Com. on Local Gov’t Finance by R012-10, eff. 6-30-2010)