REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 10, 11, 12)exempt

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

Senate Bill No. 447–Committee on Government Affairs

 

(On Behalf of the State Treasurer)

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to investment by local governments and monitoring of collateral to secure certain deposits of public money. (BDR 31‑302)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to governmental financial administration; revising provisions relating to the securities in which local governments may invest; providing for expanded oversight by the State Treasurer concerning the collateral that must be maintained by financial institutions to secure certain deposits of public money made by state and local governmental entities; making various other changes concerning the duties of the State Treasurer; providing civil penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 355.170 is hereby amended to read as follows:

1-2  355.170  1.  Except as otherwise provided in this section, NRS

1-3  354.750 and 355.171, [a board of county commissioners, a board of

1-4  trustees of a county school district or] the governing body of [an

1-5  incorporated city] a local government may purchase for investment

1-6  the following securities and no others:

1-7  (a) Bonds and debentures of the United States, the maturity

1-8  dates of which do not extend more than 10 years after the date of

1-9  purchase.

2-1  (b) Farm loan bonds, consolidated farm loan bonds, debentures,

2-2  consolidated debentures and other obligations issued by federal land

2-3  banks and federal intermediate credit banks under the authority of

2-4  the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012,

2-5  inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act

2-6  of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds,

2-7  debentures, consolidated debentures and other obligations issued by

2-8  banks for cooperatives under the authority of the Farm Credit Act of

2-9  1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm

2-10  Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.

2-11      (c) Bills and notes of the United States Treasury, the maturity

2-12  date of which is not more than 10 years after the date of purchase.

2-13      (d) Obligations of an agency or instrumentality of the United

2-14  States of America or a corporation sponsored by the government,

2-15  the maturity date of which is not more than 10 years after the date of

2-16  purchase.

2-17      (e) Negotiable certificates of deposit issued by commercial

2-18  banks, insured credit unions or savings and loan associations.

2-19      (f) Securities which have been expressly authorized as

2-20  investments for local governments [or agencies, as defined in NRS

2-21  354.474,] by any provision of Nevada Revised Statutes or by any

2-22  special law.

2-23      (g) Nonnegotiable certificates of deposit issued by insured

2-24  commercial banks, insured credit unions or insured savings and loan

2-25  associations, except certificates that are not within the limits of

2-26  insurance provided by an instrumentality of the United States,

2-27  unless those certificates are collateralized in the same manner as is

2-28  required for uninsured deposits by a county treasurer pursuant to

2-29  NRS 356.133. For the purposes of this paragraph, any reference in

2-30  NRS 356.133 to a “county treasurer” or “board of county

2-31  commissioners” shall be deemed to refer to the appropriate financial

2-32  officer or governing body of the [county, school district or city]

2-33  local government purchasing the certificates.

2-34      (h) Subject to the limitations contained in NRS 355.177,

2-35  negotiable notes or medium-term obligations issued by local

2-36  governments of the State of Nevada pursuant to NRS 350.087 to

2-37  350.095, inclusive.

2-38      (i) Bankers’ acceptances of the kind and maturities made

2-39  eligible by law for rediscount with Federal Reserve Banks, and

2-40  generally accepted by banks or trust companies which are members

2-41  of the Federal Reserve System. Eligible bankers’ acceptances may

2-42  not exceed 180 days’ maturity. Purchases of bankers’ acceptances

2-43  may not exceed 20 percent of the money available to a local

2-44  government for investment as determined on the date of purchase.

2-45      (j) Obligations of state and local governments if:

3-1       (1) The interest on the obligation is exempt from gross

3-2  income for federal income tax purposes; and

3-3       (2) The obligation has been rated “A” or higher by one or

3-4  more nationally recognized bond credit rating agencies.

3-5  (k) Commercial paper issued by a corporation organized and

3-6  operating in the United States or by a depository institution licensed

3-7  by the United States or any state and operating in the United States

3-8  that:

3-9       (1) Is purchased from a registered broker-dealer;

3-10          (2) At the time of purchase has a remaining term to maturity

3-11  of no more than 270 days; and

3-12          (3) Is rated by a nationally recognized rating service as

3-13  “A-1,” “P-1” or its equivalent, or better,

3-14  except that investments pursuant to this paragraph may not, in

3-15  aggregate value, exceed 20 percent of the total portfolio as

3-16  determined on the date of purchase, and if the rating of an obligation

3-17  is reduced to a level that does not meet the requirements of this

3-18  paragraph, it must be sold as soon as possible.

3-19      (l) Money market mutual funds which:

3-20          (1) Are registered with the Securities and Exchange

3-21  Commission;

3-22          (2) Are rated by a nationally recognized rating service as

3-23  “AAA” or its equivalent; and

3-24          (3) Invest only in:

3-25              (I) Securities issued by the Federal Government or

3-26  agencies of the Federal Government;

3-27              (II) Master notes, bank notes or other short-term

3-28  commercial paper rated by a nationally recognized rating service as

3-29  “A-1,” “P-1” or its equivalent, or better, issued by a corporation

3-30  organized and operating in the United States or by a depository

3-31  institution licensed by the United States or any state and operating in

3-32  the United States; or

3-33              (III) Repurchase agreements that are fully collateralized

3-34  by the obligations described in sub-subparagraphs (I) and (II).

3-35      (m) Obligations of the Federal Agricultural Mortgage

3-36  Corporation.

3-37      2.  Repurchase agreements are proper and lawful investments of

3-38  money of a [board of county commissioners, a board of trustees of a

3-39  county school district or a] governing body of [an incorporated city]

3-40  a local government for the purchase or sale of securities which are

3-41  negotiable and of the types listed in subsection 1 if made in

3-42  accordance with the following conditions:

3-43      (a) The [board of county commissioners, the board of trustees of

3-44  the school district or the] governing body of the [city] local

4-1  government shall designate in advance and thereafter maintain a list

4-2  of qualified counterparties which:

4-3       (1) Regularly provide audited and, if available, unaudited

4-4  financial statements;

4-5       (2) The [board of county commissioners, the board of

4-6  trustees of the school district or the] governing body of the [city]

4-7  local government has determined to have adequate capitalization

4-8  and earnings and appropriate assets to be highly creditworthy; and

4-9       (3) Have executed a written master repurchase agreement in

4-10  a form satisfactory to the [board of county commissioners, the board

4-11  of trustees of the school district or the] governing body of the [city]

4-12  local government pursuant to which all repurchase agreements are

4-13  entered into. The master repurchase agreement must require the

4-14  prompt delivery to the [board of county commissioners, the board of

4-15  trustees of the school district or the] governing body of the [city]

4-16  local government and the appointed custodian of written

4-17  confirmations of all transactions conducted thereunder, and must be

4-18  developed giving consideration to the Federal Bankruptcy Act.

4-19      (b) In all repurchase agreements:

4-20          (1) At or before the time money to pay the purchase price is

4-21  transferred, title to the purchased securities must be recorded in the

4-22  name of the appointed custodian, or the purchased securities must be

4-23  delivered with all appropriate, executed transfer instruments by

4-24  physical delivery to the custodian;

4-25          (2) The [board of county commissioners, the board of

4-26  trustees of the school district or the] governing body of the [city]

4-27  local government must enter a written contract with the custodian

4-28  appointed pursuant to subparagraph (1) which requires the custodian

4-29  to:

4-30              (I) Disburse cash for repurchase agreements only upon

4-31  receipt of the underlying securities;

4-32              (II) Notify the [board of county commissioners, the board

4-33  of trustees of the school district or the] governing body of the [city]

4-34  local government when the securities are marked to the market if

4-35  the required margin on the agreement is not maintained;

4-36              (III) Hold the securities separate from the assets of the

4-37  custodian; and

4-38              (IV) Report periodically to the [board of county

4-39  commissioners, the board of trustees of the school district or the]

4-40  governing body of the [city] local government concerning the

4-41  market value of the securities;

4-42          (3) The market value of the purchased securities must exceed

4-43  102 percent of the repurchase price to be paid by the counterparty

4-44  and the value of the purchased securities must be marked to the

4-45  market weekly;

5-1       (4) The date on which the securities are to be repurchased

5-2  must not be more than 90 days after the date of purchase; and

5-3       (5) The purchased securities must not have a term to maturity

5-4  at the time of purchase in excess of 10 years.

5-5  3.  The securities described in paragraphs (a), (b) and (c) of

5-6  subsection 1 and the repurchase agreements described in subsection

5-7  2 may be purchased when, in the opinion of the [board of county

5-8  commissioners, the board of trustees of a county school district or

5-9  the] governing body of the [city,] local government, there is

5-10  sufficient money in any fund of the [county, the school district or

5-11  city] local government to purchase those securities and the purchase

5-12  will not result in the impairment of the fund for the purposes for

5-13  which it was created.

5-14      4.  When the [board of county commissioners, the board of

5-15  trustees of a county school district or the] governing body of the

5-16  [city] local government has determined that there is available

5-17  money in any fund or funds for the purchase of bonds as set out in

5-18  subsection 1 or 2, those purchases may be made and the bonds paid

5-19  for out of any one or more of the funds, but the bonds must be

5-20  credited to the funds in the amounts purchased, and the money

5-21  received from the redemption of the bonds, as and when redeemed,

5-22  must go back into the fund or funds from which the purchase money

5-23  was taken originally.

5-24      5.  Any interest earned on money invested pursuant to

5-25  subsection 3, may, at the discretion of the [board of county

5-26  commissioners, the board of trustees of a county school district or

5-27  the] governing body of the [city,] local government, be credited to

5-28  the fund from which the principal was taken or to the general fund

5-29  of the [county, school district or incorporated city.] local

5-30  government.

5-31      6.  The [board of county commissioners, the board of trustees of

5-32  a county school district or the] governing body of [an incorporated

5-33  city] a local government may invest any money apportioned into

5-34  funds and not invested pursuant to subsection 3 and any money not

5-35  apportioned into funds in bills and notes of the United States

5-36  Treasury, the maturity date of which is not more than 1 year after

5-37  the date of investment. These investments must be considered as

5-38  cash for accounting purposes, and all the interest earned on them

5-39  must be credited to the general fund of the [county, school district or

5-40  incorporated city.] local government.

5-41      7.  This section does not authorize the investment of money

5-42  administered pursuant to a contract, debenture agreement or grant in

5-43  a manner not authorized by the terms of the contract, agreement or

5-44  grant.

5-45      8.  As used in this section:

6-1  (a) “Counterparty” means a bank organized and operating or

6-2  licensed to operate in the United States pursuant to federal or state

6-3  law or a securities dealer which is:

6-4       (1) A registered broker-dealer;

6-5       (2) Designated by the Federal Reserve Bank of New York as

6-6  a “primary” dealer in United States government securities; and

6-7       (3) In full compliance with all applicable capital

6-8  requirements.

6-9  (b) “Local government” has the meaning ascribed to it in

6-10  NRS 354.474.

6-11      (c) “Repurchase agreement” means a purchase of securities by

6-12  [a board of county commissioners, the board of trustees of a county

6-13  school district or] the governing body of [an incorporated city] a

6-14  local government from a counterparty which commits to repurchase

6-15  those securities or securities of the same issuer, description, issue

6-16  date and maturity on or before a specified date for a specified price.

6-17      Sec. 2.  NRS 355.175 is hereby amended to read as follows:

6-18      355.175  1.  The governing body of any local government or

6-19  agency, whether or not it is included in the provisions of chapter 354

6-20  of NRS, may:

6-21      (a) Direct its treasurer or other appropriate officer to invest its

6-22  money or any part thereof in any investment which is lawful for a

6-23  [county, a school district or incorporated city] local government

6-24  pursuant to NRS 355.170; or

6-25      (b) Allow a county treasurer to make such investments through a

6-26  pool as provided in NRS 355.168.

6-27      2.  In case of conflict, any order made pursuant to paragraph (a)

6-28  of subsection 1 takes precedence over any other order concerning

6-29  the same money or funds pursuant to subsection 5 of NRS 355.170.

6-30      3.  Any interest earned from investments made pursuant to this

6-31  section must be credited, at the discretion of the local governing

6-32  unit, to any fund under its control, but the designation of the fund

6-33  must be made at the time of investment of the principal.

6-34      Sec. 3.  Chapter 356 of NRS is hereby amended by adding

6-35  thereto the provisions set forth as sections 4 to 13, inclusive, of this

6-36  act.

6-37      Sec. 4.  As used in sections 4 to 13, inclusive, of this act,

6-38  unless the context otherwise requires, the words and terms defined

6-39  in sections 5 to 8, inclusive, of this act have the meanings ascribed

6-40  to them in those sections.

6-41      Sec. 5.  “Depository” means an insured state or national

6-42  bank, insured savings and loan association, or insured credit

6-43  union in this state in which public money is held on deposit. The

6-44  term does not include a third-party depository.

7-1  Sec. 6.  “Local government” has the meaning ascribed to it in

7-2  NRS 354.474.

7-3  Sec. 7.  “Public money” means money deposited with a

7-4  depository by the State or a local government.

7-5  Sec. 8.  “Third-party depository” means a trust company or

7-6  trust department of a state, national or federal reserve district

7-7  bank which is authorized to hold securities on behalf of a

7-8  depository for the benefit of the State Treasurer.

7-9  Sec. 9.  The State Treasurer shall establish a program for the

7-10  monitoring of collateral maintained by depositories.

7-11      Sec. 10.  1.  The program established pursuant to section 9

7-12  of this act must provide that:

7-13      (a) Each depository is required to maintain as collateral

7-14  acceptable securities having a fair market value that is at least 102

7-15  percent of the amount of the uninsured balances of the public

7-16  money held by the depository;

7-17      (b) A depository may satisfy the requirement set forth in

7-18  paragraph (a) by arranging for a third-party depository to hold

7-19  securities on behalf of the depository for the benefit of the State

7-20  Treasurer;

7-21      (c) No depository may, at any one time, hold public money in

7-22  an amount exceeding the total equity of the depository, as reflected

7-23  on the financial statement of the depository;

7-24      (d) Each depository is required to submit to the State

7-25  Treasurer, in the form and manner prescribed by the State

7-26  Treasurer, the following reports:

7-27          (1) A daily report of the total amount of public money held

7-28  by the depository;

7-29          (2) A weekly summary report of the total fair market value

7-30  of securities held by a third-party depository on behalf of the

7-31  depository;

7-32          (3) A monthly report setting forth a list of acceptable

7-33  securities, including, without limitation, the fair market value of

7-34  those securities, held by the depository or held by any third-party

7-35  depository on behalf of the depository; and

7-36          (4) A current annual report containing the financial

7-37  statement of the depository; and

7-38      (e) The State Treasurer may impose an administrative fine not

7-39  to exceed:

7-40          (1) One hundred dollars per day against a depository that

7-41  fails to submit in a timely manner a report described in paragraph

7-42  (d); and

7-43          (2) Two hundred fifty dollars per day against a depository

7-44  that fails to maintain collateral as described in paragraph (a).

8-1  2.  As used in this section, “acceptable securities” means the

8-2  securities described in:

8-3  (a) Subsection 1 of NRS 356.020; and

8-4  (b) Subsection 1 of NRS 356.133.

8-5  Sec. 11.  1.  Once each fiscal year the State Treasurer shall

8-6  levy a pro rata assessment against each depository that held public

8-7  money at any time during the immediately preceding fiscal year.

8-8  2.  The amount of the assessment levied pursuant to

8-9  subsection 1 must be based on the average weekly deposits of

8-10  public money held by a depository.

8-11      3.  The State Treasurer shall provide to each depository a

8-12  notice setting forth:

8-13      (a) The amount of the assessment levied against the depository

8-14  pursuant to subsection 1; and

8-15      (b) The provisions of section 12 of this act.

8-16      Sec. 12.  1.  A depository shall, within 45 days after the date

8-17  on which the depository received the notice provided pursuant to

8-18  subsection 3 of section 11 of this act, remit to the State Treasurer

8-19  the amount of the assessment levied against the depository.

8-20      2.  The State Treasurer may impose an administrative fine not

8-21  exceeding $500 per day against a depository that fails to comply

8-22  with the provisions of subsection 1.

8-23      Sec. 13.  The State Treasurer shall adopt such regulations as

8-24  he determines are necessary to carry out the provisions of sections

8-25  4 to 13, inclusive, of this act.

8-26      Sec. 14.  NRS 356.020 is hereby amended to read as follows:

8-27      356.020  1.  All money deposited by the State Treasurer which

8-28  is not within the limits of insurance provided by an instrumentality

8-29  of the United States must be secured by collateral composed of the

8-30  following types of securities:

8-31      (a) United States treasury notes, bills, bonds or obligations as to

8-32  which the full faith and credit of the United States are pledged for

8-33  the payment of principal and interest, including the guaranteed

8-34  portions of Small Business Administration loans if the full faith and

8-35  credit of the United States is pledged for the payment of the

8-36  principal and interest;

8-37      (b) Bonds of this state;

8-38      (c) Bonds of any county, municipality or school district within

8-39  this state;

8-40      (d) Promissory notes secured by first mortgages or first deeds of

8-41  trust which meet the requirements of NRS 356.025;

8-42      (e) Mortgage-backed pass-through securities guaranteed by the

8-43  Federal National Mortgage Association, the Federal Home Loan

8-44  Mortgage Corporation or the Government National Mortgage

8-45  Association;

9-1  (f) Collateralized mortgage obligations or real estate mortgage

9-2  investment conduits that are rated “AAA,” “Aaa” or its equivalent

9-3  by a nationally recognized rating service; [or]

9-4  (g) Instruments in which the State is permitted by NRS 355.140

9-5  to invest[.] ; or

9-6  (h) Irrevocable letters of credit from any Federal Home Loan

9-7  Bank with the State Treasurer named as the beneficiary.

9-8  2.  Collateral deposited by the depository bank, credit union or

9-9  savings and loan association must be pledged with the State

9-10  Treasurer or with any Federal Home Loan Bank, any bank or any

9-11  insured credit union or savings and loan association, other than the

9-12  depository bank, credit union or savings and loan association, which

9-13  will accept the securities in trust for the purposes of this section.

9-14      3.  The fair market value of the deposit of securities as

9-15  collateral by each depository bank, credit union or savings and loan

9-16  association must be at least the amount [of the State Treasurer’s

9-17  deposit with the depository bank, credit union or association.]

9-18  required pursuant to sections 4 to 13, inclusive, of this act. The fair

9-19  market value of any collateral consisting of promissory notes with

9-20  first mortgages or first deeds of trust shall be deemed to be 75

9-21  percent of the unpaid principal of the notes.

9-22      4.  All securities to be used as such collateral are subject to

9-23  review by the State Treasurer . [and the State Board of Finance.]

9-24  The depository bank, credit union or savings and loan association

9-25  shall submit [monthly] reports to the State Treasurer [showing the

9-26  securities which constitute the collateral and their fair market value.]

9-27  as required pursuant to sections 4 to 13, inclusive, of this act.

9-28      5.  The State Treasurer [or the State Board of Finance] may,

9-29  from time to time, require the deposit of additional securities as

9-30  collateral if, in their judgment, the additional securities are

9-31  necessary to secure the State Treasurer’s deposit.

9-32      Sec. 15.  NRS 356.133 is hereby amended to read as follows:

9-33      356.133  1.  All money deposited by a county treasurer that is

9-34  not within the limits of insurance provided by an instrumentality of

9-35  the United States must be secured by collateral composed of the

9-36  following types of securities:

9-37      (a) United States treasury notes, bills, bonds or obligations as to

9-38  which the full faith and credit of the United States are pledged for

9-39  the payment of principal and interest, including the guaranteed

9-40  portions of Small Business Administration loans if the full faith and

9-41  credit of the United States is pledged for the payment of the

9-42  principal and interest;

9-43      (b) Bonds of this state;

9-44      (c) Bonds of a county, municipality or school district within this

9-45  state;

10-1      (d) Mortgage-backed pass-through securities guaranteed by the

10-2  Federal National Mortgage Association, the Federal Home Loan

10-3  Mortgage Corporation or the Government National Mortgage

10-4  Association; [or]

10-5      (e) Instruments in which the county is authorized by NRS

10-6  355.170 to invest[.] ; or

10-7      (f) Irrevocable letters of credit from any Federal Home Loan

10-8  Bank with the State Treasurer named as the beneficiary.

10-9      2.  Collateral deposited by the depository bank, credit union or

10-10  savings and loan association must be pledged with the county

10-11  treasurer or with a Federal Home Loan Bank, or any insured bank,

10-12  insured credit union or insured savings and loan association, other

10-13  than the depository bank, credit union or savings and loan

10-14  association, which will accept the securities in trust for the purposes

10-15  of this section.

10-16     3.  The fair market value of the deposit of securities as

10-17  collateral by each depository bank, credit union or savings and loan

10-18  association must be at least [102 percent of] the amount [of the

10-19  county treasurer’s deposit with the depository bank, credit union or

10-20  association.] required pursuant to sections 4 to 13, inclusive, of

10-21  this act.

10-22     4.  All securities to be used as such collateral are subject to

10-23  review by the county treasurer and the board of county

10-24  commissioners. The depository bank, credit union or savings and

10-25  loan association shall submit [monthly]reports to the [county

10-26  treasurer showing the securities which constitute the collateral and

10-27  their fair market value.]State Treasurer as required pursuant to

10-28  sections 4 to 13, inclusive, of this act. The State Treasurer will

10-29  provide periodic reports to the county treasurer showing the

10-30  securities which constitute the collateral and their fair market

10-31  value.

10-32     5.  The county treasurer or the board of county commissioners

10-33  may, from time to time, require the deposit of additional securities

10-34  as collateral if, in their judgment, the additional securities are

10-35  necessary to secure the county treasurer’s deposit.

10-36     Sec. 16.  NRS 349.950 is hereby amended to read as follows:

10-37     349.950  1.  The Director may, to pay the cost of any water

10-38  project, borrow money or otherwise become obligated, and may

10-39  provide evidence of those obligations by issuing, except as

10-40  otherwise provided in this subsection, state securities or revenue

10-41  bonds. If the obligor is not a governmental entity, the Director shall

10-42  issue only revenue bonds to fulfill the obligation.

10-43     2.  [State] Except as otherwise provided in this subsection,

10-44  state obligations may be outstanding pursuant to this section in an

10-45  aggregate principal amount of not more than $200,000,000. No state

11-1  obligations, other than refunding obligations, may be issued

11-2  pursuant to this section after July 1, 2003.

11-3      3.  State securities must be payable from taxes and may be

11-4  additionally secured by all or any designated revenues from one or

11-5  more water projects. Any governmental entity statutorily authorized

11-6  to levy taxes for the payment of bonded indebtedness may use the

11-7  proceeds of those taxes to pay the principal of, interest on and

11-8  redemption premiums due in connection with state securities issued

11-9  pursuant to this section. Any such state securities may be issued

11-10  without an election or other preliminaries. No state securities may

11-11  be issued to refund any municipal securities issued to finance a

11-12  water project before July 1, 1987.

11-13     4.  Provisions of NRS 349.150 to 349.364, inclusive, which are

11-14  not inconsistent with the provisions of NRS 349.935 to 349.961,

11-15  inclusive, apply to the issuance of state securities under this section.

11-16  Provisions of NRS 349.400 to 349.670, inclusive, which are not

11-17  inconsistent with the provisions of NRS 349.935 to 349.961,

11-18  inclusive, apply to the issuance of revenue bonds under this section.

11-19     5.  The Legislature finds and declares that the issuance of state

11-20  securities pursuant to NRS 349.935 to 349.961, inclusive, is

11-21  necessary for the protection and preservation of the natural

11-22  resources of this state and for the purpose of obtaining the benefits

11-23  thereof, and constitutes an exercise of the authority conferred by the

11-24  second paragraph of Section 3 of Article 9 of the Constitution of the

11-25  State of Nevada.

11-26     Sec. 17.  Section 2 of chapter 478, Statutes of Nevada 1983, as

11-27  amended by chapter 785, Statutes of Nevada 1989, at page 1866, is

11-28  hereby amended to read as follows:

11-29     Sec. 2.  [After]

11-30     1.  Except as otherwise provided in subsection 2, after

11-31  any of the agreements described in section 1 of this act have

11-32  been entered into, the state board of examiners shall issue

11-33  general obligation bonds of the State of Nevada to provide the

11-34  money necessary to pay the state’s share of costs associated

11-35  with projects authorized pursuant to section 1 of this act for

11-36  the conservation, distribution and acquisition of water

11-37  associated with the Truckee River, the Carson River, the

11-38  Lahontan Valley Wetlands and the Newlands Federal

11-39  Reclamation Project, but not more than $8,000,000 in face

11-40  amount. The bonds may be issued at one time or from time to

11-41  time.

11-42     2.  No bonds, other than refunding bonds, may be

11-43  issued pursuant to this section after July 1, 2003.

 

 

12-1      Sec. 18.  Section 4 of chapter 78, Statutes of Nevada 1993, at

12-2  page 124, is hereby amended to read as follows:

12-3      Sec. 4.  1.  Subject to the limitations as to the

12-4  maximum principal amount in section 2 of this act, the

12-5  commission may in accordance with the provisions of

12-6  the State Securities Law issue revenue bonds and other

12-7  securities constituting special obligations and payable from

12-8  net pledged revenues, to defray the cost of the system, or any

12-9  part thereof, at any time or from time to time after the

12-10  adoption of this act, but not later than [15 years after the

12-11  effective date thereof, as the commission deems appropriate.]

12-12  July 1, 2003.

12-13     2.  This act does not prevent the commission from

12-14  funding, refunding or reissuing any outstanding state

12-15  securities issued by the commission or the former division of

12-16  Colorado River resources at any time as provided in the State

12-17  Securities Law.

12-18     3.  Subject to contractual obligations, the net revenues

12-19  pledged for the payment of state securities by the commission

12-20  may be derived from contractual commitments of the Federal

12-21  Government, of those customers of the commission or of

12-22  others utilizing the system to repay the commission’s cost of

12-23  retiring the state securities, including interest thereon, as the

12-24  commission may determine.

12-25     Sec. 19.  Chapter 627, Statutes of Nevada 1995, at page 2379,

12-26  is hereby amended to read a follows:

12-27     Section 1.  1.  The department of information services

12-28  may enter into contracts for the purchase of equipment to

12-29  upgrade the mainframe of the computer. [The] Except as

12-30  otherwise provided in subsection 2, the contracts may

12-31  include installment purchase agreements for the equipment

12-32  which constitute a total debt of the State of Nevada in an

12-33  amount determined by the state board of examiners not

12-34  exceeding $5,000,000. Money for the payment of the debt

12-35  incurred pursuant to this section will be provided for in the

12-36  annual tax imposed for the payment of the obligations of the

12-37  State of Nevada from the consolidated bond interest and

12-38  redemption fund or by other legislative act. The provisions of

12-39  NRS 349.238 to 349.248, inclusive, apply to payment of the

12-40  debt. Interest on the debt must be paid at least semiannually

12-41  and the principal must be paid within 20 years after the date

12-42  of passage of this act.

12-43     2.  No installment purchase agreement authorized

12-44  pursuant to subsection 1 may be entered into after July 1,

13-1  2003, other than an installment purchase agreement entered

13-2  into for the purpose of refunding outstanding obligations.

13-3      Sec. 20.  Section 4 of chapter 656, Statutes of Nevada 1995, at

13-4  page 2530, is hereby amended to read as follows:

13-5      Sec. 4.  1.  The director of the department of prisons

13-6  shall, to the extent of legislative appropriations and

13-7  authorizations, enter into a contract in accordance with the

13-8  provisions of chapter 573, Statutes of Nevada 1991, at page

13-9  1893, for the construction and operation of a new correctional

13-10  facility for women in southern Nevada. [The] Except as

13-11  otherwise provided in subsection 2, the contract may include

13-12  an assignable lease or installment purchase agreement for the

13-13  facility which constitutes a debt of the State of Nevada in an

13-14  amount determined by the state board of examiners not

13-15  exceeding $44,000,000. Money for the payment of the debt

13-16  incurred pursuant to this section will be provided for in the

13-17  annual tax imposed for the payment of the obligations of the

13-18  State of Nevada from the consolidated bond interest and

13-19  redemption fund or by other legislative act. The provisions of

13-20  NRS 349.238 to 349.248, inclusive, apply to payment of the

13-21  debt. Interest on the debt must be paid at least semiannually

13-22  and the principal must be paid within 20 years after the date

13-23  of passage of this act.

13-24     2.  No lease or installment purchase agreement

13-25  authorized pursuant to subsection 1 may be entered into

13-26  after July 1, 2003, other than a lease or installment

13-27  purchase agreement entered into for the purpose of

13-28  refunding outstanding obligations.

13-29     3.  Except for debt incurred as provided in subsection 1,

13-30  all payments of money required by the contract authorized by

13-31  subsection 1 must be subject to biennial appropriation by the

13-32  legislature and must not be due and payable unless an

13-33  appropriation is made.

13-34     Sec. 21.  Section 7 of chapter 563, Statutes of Nevada 1997, at

13-35  page 2738, is hereby amended to read as follows:

13-36     Sec. 7.  1.  The director may, to the extent of legislative

13-37  appropriations and authorizations, enter into a single contract

13-38  to finance, acquire and construct the facility. The contract

13-39  may include a provision that requires the contractor to

13-40  provide correctional services for the facility. The provisions

13-41  of this subsection do not prohibit the department or any other

13-42  state agency from providing correctional services for the

13-43  facility.

13-44     2.  [The] Except as otherwise provided in this

13-45  subsection, the contract may include an assignable lease or

14-1  installment purchase agreement for the facility. The lease or

14-2  agreement constitutes a debt of the State of Nevada in an

14-3  amount determined by the state board of examiners not

14-4  exceeding $20,000,000. No lease or installment purchase

14-5  agreement authorized pursuant to this subsection may be

14-6  entered into after July 1, 2003, other than a lease or

14-7  installment purchase agreement entered into for the

14-8  purpose of refunding outstanding obligations.

14-9      3.  Money for the payment of the debt incurred pursuant

14-10  to this section will be provided for in the annual tax imposed

14-11  for the payment of the obligations of the State of Nevada

14-12  from the consolidated bond interest and redemption fund or

14-13  by other legislative act. The provisions of NRS 349.238 to

14-14  349.248, inclusive, apply to the payment of the debt. Any

14-15  interest on the debt must be paid at least semiannually and the

14-16  principal must be paid within 20 years after the date the

14-17  contract is approved by the state board of examiners.

14-18     4.  Except for debt incurred as provided in subsection 1,

14-19  all payments of money required by the contract authorized

14-20  pursuant to the provisions of subsection 1 must be subject to

14-21  biennial appropriation by the legislature and must not be due

14-22  and payable unless an appropriation is made.

14-23     5.  The department may request that proposals for

14-24  correctional services be submitted and must specify the

14-25  requirements for the proposal.

14-26     6.  A proposal submitted to the department must:

14-27     (a)  Meet the requirements specified in the request; and

14-28     (b)  Set a fixed price for the services offered.

14-29     7.  The contract to finance, acquire and construct the

14-30  facility is exempt from the provisions relating to bids set forth

14-31  in NRS 341.145 to 341.151, inclusive.

14-32     Sec. 22.  This act becomes effective on July 1, 2003.

 

14-33  H