Assembly Bill No. 539–Committee on
Government Affairs

 

CHAPTER..........

 

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; increasing the maximum dollar amount of supplies that a governing body may purchase each month from a member of the body in certain circumstances; 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 332.155 is hereby amended to read as follows:

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

281.230, 281.505 and 281.555, a member of the governing body

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

into by the governing body, but the governing body may purchase

supplies, not to exceed [$300] $1,500 in the aggregate in any 1

calendar month from a member of such governing body, when not

to do so would be of great inconvenience due to a lack of any other

local source.

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

any contract awarded by such governing body or its authorized

representative.

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

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

of the claim for such supplies.

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

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

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

    245.075  1.  Except as otherwise provided in NRS 281.230,

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

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

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

the discharge of his official duties.

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

declared void at the instance of the county interested or of any other

person interested in the contract except the officer prohibited from

making or being interested in the contract.

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

guilty of a gross misdemeanor and shall forfeit his office.

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

    268.384  1.  Except as otherwise provided in NRS 281.230,

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

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

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

him in the discharge of his official duties.

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

misdemeanor and shall forfeit his office.

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

    281.230  1.  Except as otherwise provided in this section and

NRS 218.605, 281.555 and 332.155, the following persons shall

not, in any manner, directly or indirectly, receive any commission,

personal profit or compensation of any kind resulting from any

contract or other significant transaction in which the employing

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

corporation is in any way directly interested or affected:

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

State of Nevada;

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

and township officers; and

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

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

engaged in the profession, occupation or business regulated by the

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

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

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

he has not taken part in developing the contract plans or

specifications and he will not be personally involved in opening,

considering or accepting offers.

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

University and Community College System of Nevada may bid on

or enter into a contract with a governmental agency, or may benefit

financially or otherwise from a contract between a governmental

agency and a private entity, if the contract complies with the

policies established by the Board of Regents of the University of

Nevada pursuant to NRS 396.255.

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

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

contract with a governmental agency if the contracting process is

controlled by rules of open competitive bidding, the sources of

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

plans or specifications and he will not be personally involved in

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

authorized to bid on or enter into a contract with a governmental

agency pursuant to this subsection is a member of the governing

body of the agency, the public officer, pursuant to the

requirements of NRS 281.501, shall disclose his interest in the

contract and shall not vote on or advocate the approval of

the contract.

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

shall be punished as provided in NRS 197.230 and:

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

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

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

less than $250, for a misdemeanor.

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

pay any commission, personal profit or compensation resulting from

the contract or transaction to the employing state, county,

municipality, township, district or quasi-municipal corporation as

restitution.

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

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

and NRS 281.555 and 332.155, a public officer or employee shall

not bid on or enter into a contract between a governmental agency

and any private business in which he has a significant pecuniary

interest.

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

engaged in the profession, occupation or business regulated by such

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

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

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

not taken part in developing the contract plans or specifications and

he will not be personally involved in opening, considering or

accepting offers.

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

University and Community College System of Nevada may bid on

or enter into a contract with a governmental agency, or may benefit

financially or otherwise from a contract between a governmental

agency and a private entity, if the contract complies with the

policies established by the Board of Regents of the University of

Nevada pursuant to NRS 396.255.

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

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

contract with a governmental agency if the contracting process is

controlled by rules of open competitive bidding, the sources of

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

plans or specifications and he will not be personally involved in

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

authorized to bid on or enter into a contract with a governmental

agency pursuant to this subsection is a member of the governing

body of the agency, the public officer, pursuant to the

requirements of NRS 281.501, shall disclose his interest in the

contract and shall not vote on or advocate the approval of

the contract.

 

    Sec. 6.  This act becomes effective upon passage and approval.

 

²⁰~~~~~⁰³