Nevada Revised Statutes 353.550 – Requirements for agreement by state agency to acquire real property or interest in or improvement to real property with terms that extend beyond biennium in which executed
1. A state agency may propose a project to acquire real property, an interest in real property or an improvement to real property through an agreement which has a term, including the terms of any options for renewal, that extends beyond the biennium in which the agreement is executed if the agreement:
Terms Used In Nevada Revised Statutes 353.550
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
(a) Provides that all obligations of the State of Nevada and the state agency are extinguished by the failure of the Legislature to appropriate money for the ensuing fiscal year for payments due pursuant to the agreement;
(b) Does not encumber any property of the State of Nevada or the state agency except for the property that is the subject of the agreement;
(c) Provides that property of the State of Nevada and the state agency, except for the property that is the subject of the agreement, must not be forfeited if:
(1) The Legislature fails to appropriate money for payments due pursuant to the agreement; or
(2) The State of Nevada or the state agency breaches the agreement;
(d) Prohibits certificates of participation in the agreement; and
(e) For the biennium in which it is executed, does not require payments that are greater than the amount authorized for such payments pursuant to the applicable budget of the state agency.
2. The provisions of paragraph (d) of subsection 1 may be waived by the Board, upon the recommendation of the State Treasurer, if the Board determines that waiving those provisions:
(a) Is in the best interests of this State; and
(b) Complies with federal securities laws.
3. Before an agreement proposed pursuant to subsection 1 may become effective:
(a) The proposed project must be approved by the Legislature by concurrent resolution or statute or as part of the budget of the state agency, or by the Interim Finance Committee when the Legislature is not in regular session;
(b) The agency must submit the proposed agreement to the Chief, the Director of the Department of Administration, the State Treasurer and the State Land Registrar for their review and transmittal to the Board;
(c) The Board must approve the proposed agreement; and
(d) The Governor must execute the agreement.