NRS353.550. 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:

      (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 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.

      (Added to NRS by 2001, 2479)