Assembly Bill No. 211–Assemblywoman Giunchigliani

 

February 27, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes county manager to promote, participate in operation of, and create or cause to be created nonprofit corporation under certain circumstances. (BDR 20‑665)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to county government; authorizing a county manager, with the approval of the board of county commissioners, to promote, participate in the operation of, and create or cause to be created a nonprofit corporation for certain purposes; 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 244.135 is hereby amended to read as follows:

1-2  244.135  1.  The county manager shall perform such

1-3  administrative functions of the county government as may be

1-4  required of him by the board of county commissioners.

1-5  2.  [He] The county manager may, with the approval of the

1-6  board of county commissioners, appoint such assistants and other

1-7  employees as are necessary to the proper functioning of his office.

1-8  The salaries of such assistants and employees and other expenses of

1-9  conducting the office of the county manager [shall] must be fixed

1-10  and determined by the county manager with the consent and

1-11  approval of the board of county commissioners.

1-12      3.  The county manager may, with the approval of the board

1-13  of county commissioners and within the limits of the financial

1-14  resources made available to him, promote, participate directly or

2-1  through specified employees or groups of employees in the

2-2  operation of, and create or cause to be created any nonprofit

2-3  corporation pursuant to chapter 82 of NRS that is recognized as

2-4  exempt from federal taxation pursuant to 26 U.S.C. § 501(c)(3)

2-5  and which the county manager determines is necessary or

2-6  convenient for the exercise of the powers and duties of a

2-7  department of the county. The purposes, powers and operation of

2-8  the corporation must be, as determined by the board of county

2-9  commissioners, consistent with the purposes, powers and duties of

2-10  the department of the county with which the corporation is

2-11  associated. If such a corporation is created, the county manager

2-12  may authorize specified county employees to provide services that

2-13  benefit the corporation.

2-14      Sec. 2.  NRS 281.230 is hereby amended to read as follows:

2-15      281.230  1.  Except as otherwise provided in this section and

2-16  NRS 218.605[,] and 244.135, the following persons shall not, in

2-17  any manner, directly or indirectly, receive any commission, personal

2-18  profit or compensation of any kind resulting from any contract or

2-19  other significant transaction in which the employing state, county,

2-20  municipality, township, district or quasi-municipal corporation is in

2-21  any way directly interested or affected:

2-22      (a) State, county, municipal, district and township officers of the

2-23  State of Nevada;

2-24      (b) Deputies and employees of state, county, municipal, district

2-25  and township officers; and

2-26      (c) Officers and employees of quasi-municipal corporations.

2-27      2.  A member of any board, commission or similar body who is

2-28  engaged in the profession, occupation or business regulated by the

2-29  board, commission or body may, in the ordinary course of his

2-30  business, bid on or enter into a contract with any governmental

2-31  agency, except the board or commission of which he is a member, if

2-32  he has not taken part in developing the contract plans or

2-33  specifications and he will not be personally involved in opening,

2-34  considering or accepting offers.

2-35      3.  A full- or part-time faculty member or employee of the

2-36  University and Community College System of Nevada may bid on

2-37  or enter into a contract with a governmental agency, or may benefit

2-38  financially or otherwise from a contract between a governmental

2-39  agency and a private entity, if the contract complies with the

2-40  policies established by the Board of Regents of the University of

2-41  Nevada pursuant to NRS 396.255.

2-42      4.  A public officer or employee, other than an officer or

2-43  employee described in subsection 2 or 3, may bid on or enter into a

2-44  contract with a governmental agency if the contracting process is

2-45  controlled by rules of open competitive bidding, the sources of

3-1  supply are limited, he has not taken part in developing the contract

3-2  plans or specifications and he will not be personally involved in

3-3  opening, considering or accepting offers.

3-4  5.  A person who violates any of the provisions of this section

3-5  shall be punished as provided in NRS 197.230 and:

3-6  (a) Where the commission, personal profit or compensation is

3-7  $250 or more, for a category D felony as provided in NRS 193.130.

3-8  (b) Where the commission, personal profit or compensation is

3-9  less than $250, for a misdemeanor.

3-10      6.  A person who violates the provisions of this section shall

3-11  pay any commission, personal profit or compensation resulting from

3-12  the contract or transaction to the employing state, county,

3-13  municipality, township, district or quasi-municipal corporation as

3-14  restitution.

 

3-15  H