SB146_EN

Senate Bill No. 146–Committee on Government Affairs

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AN ACT relating to governmental purchasing; exempting from the requirements of competitive bidding an agreement between a local government and a vendor of supplies, materials or equipment that has entered into an agreement with the General Services Administration or another governmental agency located within or outside this state and commercial advertising within a recreational facility operated by a county fair and recreation board; authorizing a local government to join or use contracts of another state or its subdivisions; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 332.015 is hereby amended to read as follows:

332.015 For the purpose of this chapter, unless the context

otherwise requires, “local government” means:

1. Every political subdivision or other entity which has the

right to levy or receive money from ad valorem taxes or other taxes

or from any mandatory assessments, including counties, cities,

towns, school districts and other districts organized pursuant to

chapters 244, 309, 318, 379, 450, 473, 474, 539, 541, 543 and 555

of NRS.

2. The Las Vegas Valley Water District created pursuant to the

provisions of chapter 167, Statutes of Nevada 1947, as amended.

3. County fair and recreation boards and convention authorities

created pursuant to the provisions of NRS 244A.597 to [244A.667,]

244A.655, inclusive.

4. District boards of health created pursuant to the provisions

of NRS 439.370 to 439.410, inclusive.

5. The Nevada Rural Housing Authority.

Sec. 2. NRS 332.115 is hereby amended to read as follows:

332.115 1. Contracts which by their nature are not adapted to

award by competitive bidding, including contracts for:

(a) Items which may only be contracted from a sole source;

(b) Professional services;

which may be more efficiently added to, repaired or maintained by

a certain person;

(d) Equipment which, by reason of the training of the personnel

or of an inventory of replacement parts maintained by the local

government is compatible with existing equipment;

(e) Perishable goods;

(f) Insurance;

(g) Hardware and associated peripheral equipment and devices

for computers;

(h) Software for computers;

(i) Books, library materials and subscriptions;

(j) Motor vehicle fuel purchased by a local law enforcement

agency for use in an undercover investigation;

(k) Motor vehicle fuel for use in a vehicle operated by a local

law enforcement agency or local fire department if such fuel is not

available within the vehicle’s assigned service area from a fueling

station owned by the State of Nevada or a local government;

(l) Purchases made with money in a store fund for prisoners in a

jail or local detention facility for the provision and maintenance of

a canteen for the prisoners;

(m) Supplies, materials or equipment that are available [from

contracts] pursuant to an agreement with a vendor that has

entered into an agreement with the General Services

Administration or another governmental agency [in the regular

course of its business;] located within or outside this state;

(n) Items for resale through a retail outlet operated in this state

by a local government or the State of Nevada; [and]

(o) Commercial advertising within a recreational facility

operated by a county fair and recreation board; and

(p) Goods or services purchased from organizations or

agencies whose primary purpose is the training and employment of

handicapped persons,

are not subject to the requirements of this chapter for competitive

bidding as determined by the governing body or its authorized

representative.

2. The purchase of equipment for use by a local law

enforcement agency in the course of an undercover investigation is

not subject to the requirements of this chapter for competitive

bidding if:

(a) The equipment is an electronic or mechanical device which

by design is intended to monitor and document in a clandestine

manner suspected criminal activity; or

(b) Purchasing the equipment pursuant to such requirements

would limit or compromise the use of such equipment by an agency

authorized to conduct such investigations.

3. The governing body of a hospital required to comply with

the provisions of this chapter, or its authorized representative, may

purchase goods commonly used by the hospital, under a contract

awarded pursuant to NRS 332.065, without additional competitive

bidding even if at the time the contract was awarded:

(a) The vendor supplying such goods to the person awarded the

contract was not identified as a supplier to be used by the person

awarded the contract; or

(b) The vendor was identified as a supplier but was not

identified as the supplier of such goods.

The governing body of the hospital shall make available for public

inspection each such contract and records related to those

purchases.

4. This section does not prohibit a governing body or its

authorized representative from advertising for or requesting bids.

Sec. 3. NRS 332.195 is hereby amended to read as follows:

332.195 1. A governing body or its authorized representative

[and the State of Nevada] may join or use the contracts of other

local governments located within or outside this state with the

authorization of the contracting vendor. The originally contracting

local government is not liable for the obligations of the local

government which joins or uses the contract.

2. A governing body or its authorized representative may join

or use the contracts of the State of Nevada or another state with the

authorization of the contracting vendor. The State of Nevada or

other state is not liable for the obligations of the local government

which joins or uses the contract.

Sec. 4. NRS 244A.599 is hereby amended to read as follows:

244A.599 1. Whenever the board of county commissioners

of any county or the Board of Supervisors of Carson City desires

the powers granted in NRS 244A.597 to [244A.667,] 244A.655,

inclusive, to be exercised, it shall, by resolution, determine that the

interest of the county and the public interest, necessity or

desirability require the exercise of those powers and the creation of

a county fair and recreation board therefor, pursuant to the

provisions of NRS 244A.597 to [244A.667,] 244A.655, inclusive.

After approval of the resolution, the county or city clerk shall:

(a) Cause a copy of the resolution to be published promptly once

in a newspaper published in and of general circulation in the county

or city; and

(b) In the case of a county, cause a certified copy of the

resolution to be mailed by registered or certified mail to the mayor

or other chief executive officer of each incorporated city within the

county.

2. In counties whose population is 100,000 or more, the county

fair and recreation board must be selected as provided in NRS

244A.601 or 244A.603.

3. In counties whose population is less than 100,000, and in

which there are more than two incorporated cities, each

incorporated city, except an incorporated city which is the county

seat, must be represented by one member and any incorporated city

which is the county seat must be represented by four members.

Within 30 days after the day of publication of the resolution or the

day on which the last of the copies of the resolution was mailed,

whichever day is later, the mayor or other chief executive officer

shall, with the

approval of the legislative body of the city, appoint a member or

members of the city council or board of trustees to serve on the

board for the remainder of his or their terms of office. The clerk or

secretary of the city shall promptly certify the appointment by

registered or certified mail to the county clerk.

4. In counties whose population is less than 100,000, and in

which there are only two incorporated cities, each incorporated city

must be represented by one member who must be appointed and

certified as provided in subsection 3, and the board of county

commissioners shall appoint four representatives as follows:

(a) Two members to represent the hotel or motel operators in the

county.

(b) One member to represent the other commercial interests in

the county.

5. In counties whose population is less than 100,000, and in

which there are fewer than two incorporated cities, any

incorporated city which is the county seat must be represented by

one member, who must be appointed and certified as provided in

subsection 3, and the board of county commissioners shall appoint

three representatives as follows:

(a) One member to represent the motel operators in the county.

(b) One member to represent the hotel operators in the county.

the county.

6. In all counties whose population is less than 100,000, one

member of the board of county commissioners must be appointed

by the county commissioners to serve on the board for the

remainder of his term of office.

7. In all counties whose population is less than 100,000, and in

which there is no incorporated city, the board of county

commissioners shall appoint one member to represent the county at

large.

8. In Carson City, the Board of Supervisors shall appoint five

representatives to the fair and recreation board established as

provided in subsection 1 as follows:

(a) Two members to represent the hotel and motel operators in

the city.

(b) One member to represent the other commercial interests in

the city.

(d) One member to represent the city at large.

9. Members who are not elected officials shall serve for 2‑year

terms.

10. The terms of all elected officials are coterminous with their

terms of office. Any such member may succeed himself.

Sec. 5. NRS 244A.629 is hereby amended to read as follows:

244A.629 1. In addition to the powers conferred upon a

county fair and recreation board by other provisions of NRS

244A.597 to [244A.667,] 244A.655, inclusive, a board, for the

county, is empowered to borrow money or accept contributions,

grants or other financial assistance from the Federal Government or

any agency or instrumentality thereof, corporate or otherwise, for or

in aid of any recreational facility within its area of operation, and to

comply with such conditions, trust indentures, leases or agreements

as may be necessary, convenient or desirable.

2. The purpose and intent of NRS 244A.597 to [244A.667,]

244A.655, inclusive, is to authorize every county to do any and all

things necessary, convenient or desirable to secure the financial aid

or cooperation of the Federal Government in the undertaking,

acquisition, construction, maintenance or operation of any

recreational facility of the county.

Sec. 6. NRS 244A.657, 244A.659, 244A.661, 244A.663,

244A.665 and 244A.667 are hereby repealed.

Sec. 7. This act becomes effective on July 1, 2003.

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