Assembly Bill No. 539–Committee on
Government Affairs

 

(On Behalf of the Nevada Association of Counties)

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Clarifies types of contracts into which members of certain governing bodies may enter with governing body. (BDR 27‑169)

 

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 governmental purchasing; clarifying the types of contracts into which a member of certain governing bodies may enter with the governing body; 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 332.155 is hereby amended to read as follows:

1-2  332.155  1.  [No] Except as otherwise provided in NRS

1-3  281.230, 281.505 and 281.555, a member of the governing body

1-4  may not be interested, directly or indirectly, in any contract entered

1-5  into by the governing body, but the governing body may purchase

1-6  supplies, not to exceed $300 in the aggregate in any 1 calendar

1-7  month from a member of such governing body, when not to do so

1-8  would be of great inconvenience due to a lack of any other local

1-9  source.

1-10      2.  An evaluator may not be interested, directly or indirectly, in

1-11  any contract awarded by such governing body or its authorized

1-12  representative.

2-1  3.  A member of a governing body who furnishes supplies in

2-2  the manner permitted by subsection 1 may not vote on the allowance

2-3  of the claim for such supplies.

2-4  4.  A violation of this section is a misdemeanor and, in the case

2-5  of a member of a governing body, cause for removal from office.

2-6  Sec. 2.  NRS 245.075 is hereby amended to read as follows:

2-7  245.075  1.  Except as otherwise provided in NRS 281.230,

2-8  281.505, 281.555[,] and 332.155, it is unlawful for any county

2-9  officer to be interested in any contract made by him or be a

2-10  purchaser or be interested in any purchase of a sale made by him in

2-11  the discharge of his official duties.

2-12      2.  Any contract made in violation of subsection 1 may be

2-13  declared void at the instance of the county interested or of any other

2-14  person interested in the contract except the officer prohibited from

2-15  making or being interested in the contract.

2-16      3.  Any person violating this section, directly or indirectly, is

2-17  guilty of a gross misdemeanor and shall forfeit his office.

2-18      Sec. 3.  NRS 268.384 is hereby amended to read as follows:

2-19      268.384  1.  Except as otherwise provided in NRS 281.230,

2-20  281.505, 281.555[,] and 332.155, it is unlawful for any city officer

2-21  to be interested in any contract made by him, or to be a purchaser or

2-22  interested, directly or indirectly, in any purchase of a sale made by

2-23  him in the discharge of his official duties.

2-24      2.  Any person violating this section is guilty of a gross

2-25  misdemeanor and shall forfeit his office.

2-26      Sec. 4.  NRS 281.230 is hereby amended to read as follows:

2-27      281.230  1.  Except as otherwise provided in this section and

2-28  NRS 218.605, 281.555 and 332.155, the following persons shall

2-29  not, in any manner, directly or indirectly, receive any commission,

2-30  personal profit or compensation of any kind resulting from any

2-31  contract or other significant transaction in which the employing

2-32  state, county, municipality, township, district or quasi-municipal

2-33  corporation is in any way directly interested or affected:

2-34      (a) State, county, municipal, district and township officers of the

2-35  State of Nevada;

2-36      (b) Deputies and employees of state, county, municipal, district

2-37  and township officers; and

2-38      (c) Officers and employees of quasi-municipal corporations.

2-39      2.  A member of any board, commission or similar body who is

2-40  engaged in the profession, occupation or business regulated by the

2-41  board, commission or body may, in the ordinary course of his

2-42  business, bid on or enter into a contract with any governmental

2-43  agency, except the board or commission of which he is a member, if

2-44  he has not taken part in developing the contract plans or

3-1  specifications and he will not be personally involved in opening,

3-2  considering or accepting offers.

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

3-4  University and Community College System of Nevada may bid on

3-5  or enter into a contract with a governmental agency, or may benefit

3-6  financially or otherwise from a contract between a governmental

3-7  agency and a private entity, if the contract complies with the

3-8  policies established by the Board of Regents of the University of

3-9  Nevada pursuant to NRS 396.255.

3-10      4.  A public officer or employee, other than an officer or

3-11  employee described in subsection 2 or 3, may bid on or enter into a

3-12  contract with a governmental agency if the contracting process is

3-13  controlled by rules of open competitive bidding, the sources of

3-14  supply are limited, he has not taken part in developing the contract

3-15  plans or specifications and he will not be personally involved in

3-16  opening, considering or accepting offers. If a public officer who is

3-17  authorized to bid on or enter into a contract with a governmental

3-18  agency pursuant to this subsection is a member of the governing

3-19  body of the agency, the public officer, pursuant to the

3-20  requirements of NRS 281.501, shall disclose his interest in the

3-21  contract and shall not vote on or advocate the approval of

3-22  the contract.

3-23      5.  A person who violates any of the provisions of this section

3-24  shall be punished as provided in NRS 197.230 and:

3-25      (a) Where the commission, personal profit or compensation is

3-26  $250 or more, for a category D felony as provided in NRS 193.130.

3-27      (b) Where the commission, personal profit or compensation is

3-28  less than $250, for a misdemeanor.

3-29      6.  A person who violates the provisions of this section shall

3-30  pay any commission, personal profit or compensation resulting from

3-31  the contract or transaction to the employing state, county,

3-32  municipality, township, district or quasi-municipal corporation as

3-33  restitution.

3-34      Sec. 5.  NRS 281.505 is hereby amended to read as follows:

3-35      281.505  1.  Except as otherwise provided in this section[,]

3-36  and NRS 281.555 and 332.155, a public officer or employee shall

3-37  not bid on or enter into a contract between a governmental agency

3-38  and any private business in which he has a significant pecuniary

3-39  interest.

3-40      2.  A member of any board, commission or similar body who is

3-41  engaged in the profession, occupation or business regulated by such

3-42  board or commission, may, in the ordinary course of his business,

3-43  bid on or enter into a contract with any governmental agency, except

3-44  the board, commission or body of which he is a member, if he has

3-45  not taken part in developing the contract plans or specifications and

4-1  he will not be personally involved in opening, considering or

4-2  accepting offers.

4-3  3.  A full- or part-time faculty member or employee of the

4-4  University and Community College System of Nevada may bid on

4-5  or enter into a contract with a governmental agency, or may benefit

4-6  financially or otherwise from a contract between a governmental

4-7  agency and a private entity, if the contract complies with the

4-8  policies established by the Board of Regents of the University of

4-9  Nevada pursuant to NRS 396.255.

4-10      4.  A public officer or employee, other than an officer or

4-11  employee described in subsection 2 or 3, may bid on or enter into a

4-12  contract with a governmental agency if the contracting process is

4-13  controlled by rules of open competitive bidding, the sources of

4-14  supply are limited, he has not taken part in developing the contract

4-15  plans or specifications and he will not be personally involved in

4-16  opening, considering or accepting offers. If a public officer who is

4-17  authorized to bid on or enter into a contract with a governmental

4-18  agency pursuant to this subsection is a member of the governing

4-19  body of the agency, the public officer, pursuant to the

4-20  requirements of NRS 281.501, shall disclose his interest in the

4-21  contract and shall not vote on or advocate the approval of

4-22  the contract.

4-23      Sec. 6.  This act becomes effective upon passage and approval.

 

4-24  H