Senate Bill No. 309–Senators Rawson, Titus, James,
Neal and Schneider
March 3, 1999
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Joint Sponsors: Assemblymen Giunchigliani and Buckley
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Referred to Committee on Government Affairs
SUMMARY—Provides for establishment of program for issuance of state obligations to provide venture capital for development of business in this state. (BDR 30-69)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. The legislature hereby declares that the purpose of this act1-2
is to benefit the general welfare of the people of this state by improving the1-3
state economy through the development of business and opportunities for1-4
employment, and finds that this purpose is a charitable purpose within the1-5
meaning of section 9 of article 8 of the constitution of the State of Nevada.1-6
Sec. 2. Chapter 349 of NRS is hereby amended by adding thereto the1-7
provisions set forth as sections 3 to 11, inclusive, of this act.1-8
Sec. 3. As used in sections 3 to 11, inclusive, of this act, unless the1-9
context otherwise requires, the words and terms defined in sections 4 to1-10
8, inclusive, of this act have the meanings ascribed to them in those1-11
sections.2-1
Sec. 4. "Corporation for public benefit" means a corporation that is2-2
recognized as exempt pursuant to section 501(c)(3) of the Internal2-3
Revenue Code of 1986, future amendments to that section and the2-4
corresponding provisions of future internal revenue laws.2-5
Sec. 5. "Department" means the department of business and2-6
industry.2-7
Sec. 6. "Director" means the director of the department.2-8
Sec. 7. "Nevada business" means a business that is established and2-9
operating, or will be established to operate, in this state.2-10
Sec. 8. "Venture capital" means an investment in or loan made to a2-11
Nevada business.2-12
Sec. 9. The director shall cause to be formed in this state:2-13
1. An independent corporation for public benefit, that shall serve as2-14
the sole stockholder of the corporation formed pursuant to subsection 2.2-15
2. An independent corporation for profit, the general purpose of2-16
which is to form and act as the general partner of a limited partnership2-17
to provide venture capital to Nevada businesses to enhance their ability to2-18
do business in this state.2-19
Sec. 10. 1. Upon application by the director, the state board of2-20
finance shall issue general obligation bonds of the State of Nevada to2-21
carry out the provisions of subsection 2. The aggregate amount of all2-22
outstanding bonds issued pursuant to this section must not exceed2-23
$20,000,000. The provisions of the State Securities Law apply to the2-24
issuance of bonds pursuant to this section.2-25
2. The expenses related to the issuance of bonds pursuant to this2-26
section must be paid from the proceeds of the bonds. The director shall2-27
use the remaining proceeds to loan money to the corporation for public2-28
benefit created pursuant to subsection 1 of section 9 of this act, pursuant2-29
to a loan agreement that:2-30
(a) Requires the corporation for public benefit to use the money to2-31
provide, through the limited partnership formed by the corporation2-32
created pursuant to subsection 2 of section 9 of this act, venture capital to2-33
Nevada businesses to enhance their ability to do business in this state;2-34
(b) Requires the creation of an escrow for a portion of the loan in an2-35
account for the benefit of the department that, when the money in the2-36
escrow is invested for a period of not more than 15 years, will have a2-37
value equal to or greater than the principal amount of the loan; and2-38
(c) Provides a rate of interest on the loan in an amount established by2-39
the director. The director shall establish a rate of interest in an amount2-40
that, together with any other interest, penalties and other payments2-41
received from the proceeds of the bonds issued pursuant to this section,2-42
will be sufficient to pay the interest on the bonds.3-1
Sec. 11. The director, in consultation with the commission on3-2
economic development shall:3-3
1. Adopt such regulations as he deems necessary to carry out the3-4
provisions of sections 3 to 11, inclusive, of this act, including, without3-5
limitation, the performance of such audits and the submission of such3-6
reports as he deems appropriate to ensure compliance with the provisions3-7
of sections 3 to 11, of this act and the regulations adopted pursuant to3-8
this section. The regulations may include criteria for the eligibility for3-9
and use of money loaned pursuant to subsection 2 of section 10 of this3-10
act, but the corporation created pursuant to subsection 2 of section 9 of3-11
this act must have sole authority for the approval of applications for and3-12
the management of venture capital provided pursuant to sections 3 to 11,3-13
inclusive, of this act.3-14
2. Provide the corporation created pursuant to subsection 1 of3-15
section 9 of this act with such assistance as is necessary to carry out the3-16
provisions of sections 3 to 11, inclusive, of this act and comply with the3-17
regulations adopted pursuant to this section.~