Senate Amendment to Assembly Bill No. 129 (BDR 31-995)
Proposed by: Committee on Government Affairs
Amendment Box: Resolves conflict with A.B. No. 128. Makes substantive change.
Resolves Conflicts with: AB128
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 353B.160 is hereby amended to read as follows:
2. The board may authorize the state treasurer to invest the property of the trust fund in:
(a) A bond, note, certificate or other general obligation of the State of Nevada, or of a county, city, general improvement district or school district of the State of Nevada.
(b) A corporate bond of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States with a rating not lower than
(c) Commercial paper of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States or of a wholly owned subsidiary of such a corporation with a rating not lower than A-3 or P-3 by a nationally recognized rating service.
(d) A bond, note, debenture or other valid obligation that is issued by the Treasury of the United States.
(e) A bond, note, debenture or other security
that is issued by an agency or instrumentality of the United States or that is fully guaranteed by the United States in:(1) The Federal Farm Credit Bank;
(2) The Federal National Mortgage Association;
(3) The Federal Home Loan Bank;
(4) The Federal Home Loan Mortgage Corporation
(5) The Government National Mortgage Association.
(f) A bond, note, debenture or other security in the Student Loan Marketing Association, regardless of whether it is guaranteed by the United States.
(g)
Collateralized mortgage obligations that are rated "AAA" or its equivalent by a nationally recognized rating service.(h) Asset-backed securities that are rated "AAA" or its equivalent by a nationally recognized rating service.
(i)
Money market mutual funds that:(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as "A" or its equivalent, or better; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.
The total dollar amount invested in such mutual funds must not exceed 20 percent of the total dollar amount of the trust fund that is invested.
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotations System (NASDAQ);
(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;
(3) The maximum investment in stock is not greater than 60 percent of the book value of the total investments of the trust fund;
(4)
(5)
(m) Mutual funds or common trust funds that consist of any combination of the investments listed in paragraphs (a) to (l), inclusive.
3. The state treasurer shall exercise the standard of care in investing the property of the fund that a person of prudence, discretion and intelligence would exercise in the management of his own affairs, given the prevailing circumstances, not in regard to speculation but rather to the permanent disposition of the property, considering the potential income from and the probable safety of his capital.
4. Subject to the terms, conditions, limitations and restrictions set forth in this section, the state treasurer may sell, assign, transfer or dispose of the property and investments of the trust fund upon the approval of a majority of the board.
5. The assets of the trust fund:
(a) Must be maintained, invested and expended solely for the purposes of this chapter; and
(b) Must not be loaned, transferred or otherwise used for a purpose other than the purposes of this chapter.
6. The state treasurer shall credit any income derived from an investment or a gain from a sale or exchange of an investment to the trust fund.
7. The state treasurer shall acquire each investment for the trust fund at a price not to exceed the prevailing market value for such an investment.
8. Each investment in the trust fund must be clearly marked to indicate ownership by the trust fund.
9. The state treasurer, an employee of the state treasurer, or a member or employee of the board shall not:
(a) Have a direct or indirect interest in the income, gain or profit of an investment that the state treasurer makes;
(b) Receive pay or emolument for his services in connection with an investment that the state treasurer makes; or
(c) Become an endorser, surety or obligor for money that is borrowed from the trust fund.
10. If the annual actuarial study performed pursuant to NRS 353B.190 reveals that there is insufficient money to ensure the actuarial soundness of the trust fund, the board shall modify the terms of subsequent prepaid tuition contracts.
11. The terms, conditions, limitations and restrictions regarding investments of the trust fund listed in this section apply only at the time an investment is originally acquired and must not be construed to require the liquidation of an investment at any time.".
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:
"Sec. 4. Section 3 of Assembly Bill No. 128 of this session is hereby amended to read as follows:
Sec. 3. NRS 226.110 is hereby amended to read as follows:
1. Shall receive and keep all money of the state which is not expressly required by law to be received and kept by some other person.
2. Shall receipt to the state controller for all money received, from whatever source, at the time of receiving it.
3. Shall establish the policies to be followed in the investment of money of the state, subject to the periodic review and approval or disapproval of those policies by the state board of finance.
4. May employ any necessary investment and financial advisers to render advice and other services in connection with the investment of money of the state.
5. Shall disburse the public money upon warrants drawn upon the treasury by the state controller, and not otherwise. The warrants must be registered and paid in the order of their registry. The state treasurer may use any sampling or post-audit technique, or both, which he considers reasonable to verify the proper distribution of warrants.
6. Shall keep a just, true and comprehensive account of all money received and disbursed.
7. Shall deliver in good order to his successor in office all money, records, books, papers and other things belonging to his office.
8. Shall fix, charge and collect reasonable fees for:
(a) Investing the money in any fund or account which is credited for interest earned on money deposited in it; and
(b) Special services rendered to other state agencies or to members of the public which increase the cost of operating his office.
9. Serves as the primary representative of the state in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.
10. Is directly responsible for the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive. The state treasurer
(a) Shall
issue such an obligation as soon as practicable after receiving a request from a state agency for the issuance of the obligation.(b) May, except as otherwise provided in NRS 538.206, employ necessary legal, financial or other professional services in connection with the authorization, sale or issuance of such an obligation.
11. May organize and facilitate statewide pooled financing programs, including lease purchases, for the benefit of the state and any political subdivision, including districts organized pursuant to NRS 450.550 to 450.750, inclusive, and chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS.".
Amend sec. 3, page 6, by deleting line 8 and inserting:
"Sec. 5. 1. This act becomes effective upon passage and approval.
2. The amendatory provisions of section 1 of this act expire by limitation when the board notifies the governor pursuant to subsection 1 of section 24 of chapter 687, Statutes of Nevada 1997, that it has performed all duties and obligations pursuant to any prepaid tuition contract entered into before July 1, 2001.".
Amend the title of the bill, second line, after "money;" by inserting:
"revising certain limitations on the investment of money in the trust fund for prepaid tuition;".
Amend the summary of the bill, first line, by deleting "money." and inserting:
"money and money in trust fund for prepaid tuition.".