(Reprinted with amendments adopted on April 15, 2003)

 

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—Makes various changes concerning 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.

 

~

 

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; 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:

 

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] $1,500 in the aggregate in any 1

1-7  calendar month from a member of such governing body, when not

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

1-9  local source.

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

2-2  any contract awarded by such governing body or its authorized

2-3  representative.

2-4  3.  A member of a governing body who furnishes supplies in

2-5  the manner permitted by subsection 1 may not vote on the allowance

2-6  of the claim for such supplies.

2-7  4.  A violation of this section is a misdemeanor and, in the case

2-8  of a member of a governing body, cause for removal from office.

2-9  Sec. 2.  NRS 245.075 is hereby amended to read as follows:

2-10      245.075  1.  Except as otherwise provided in NRS 281.230,

2-11  281.505, 281.555[,] and 332.155, it is unlawful for any county

2-12  officer to be interested in any contract made by him or be a

2-13  purchaser or be interested in any purchase of a sale made by him in

2-14  the discharge of his official duties.

2-15      2.  Any contract made in violation of subsection 1 may be

2-16  declared void at the instance of the county interested or of any other

2-17  person interested in the contract except the officer prohibited from

2-18  making or being interested in the contract.

2-19      3.  Any person violating this section, directly or indirectly, is

2-20  guilty of a gross misdemeanor and shall forfeit his office.

2-21      Sec. 3.  NRS 268.384 is hereby amended to read as follows:

2-22      268.384  1.  Except as otherwise provided in NRS 281.230,

2-23  281.505, 281.555[,] and 332.155, it is unlawful for any city officer

2-24  to be interested in any contract made by him, or to be a purchaser or

2-25  interested, directly or indirectly, in any purchase of a sale made by

2-26  him in the discharge of his official duties.

2-27      2.  Any person violating this section is guilty of a gross

2-28  misdemeanor and shall forfeit his office.

2-29      Sec. 4.  NRS 281.230 is hereby amended to read as follows:

2-30      281.230  1.  Except as otherwise provided in this section and

2-31  NRS 218.605, 281.555 and 332.155, the following persons shall

2-32  not, in any manner, directly or indirectly, receive any commission,

2-33  personal profit or compensation of any kind resulting from any

2-34  contract or other significant transaction in which the employing

2-35  state, county, municipality, township, district or quasi-municipal

2-36  corporation is in any way directly interested or affected:

2-37      (a) State, county, municipal, district and township officers of the

2-38  State of Nevada;

2-39      (b) Deputies and employees of state, county, municipal, district

2-40  and township officers; and

2-41      (c) Officers and employees of quasi-municipal corporations.

2-42      2.  A member of any board, commission or similar body who is

2-43  engaged in the profession, occupation or business regulated by the

2-44  board, commission or body may, in the ordinary course of his

2-45  business, bid on or enter into a contract with any governmental

3-1  agency, except the board or commission of which he is a member, if

3-2  he has not taken part in developing the contract plans or

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

3-4  considering or accepting offers.

3-5  3.  A full- or part-time faculty member or employee of the

3-6  University and Community College System of Nevada may bid on

3-7  or enter into a contract with a governmental agency, or may benefit

3-8  financially or otherwise from a contract between a governmental

3-9  agency and a private entity, if the contract complies with the

3-10  policies established by the Board of Regents of the University of

3-11  Nevada pursuant to NRS 396.255.

3-12      4.  A public officer or employee, other than an officer or

3-13  employee described in subsection 2 or 3, may bid on or enter into a

3-14  contract with a governmental agency if the contracting process is

3-15  controlled by rules of open competitive bidding, the sources of

3-16  supply are limited, he has not taken part in developing the contract

3-17  plans or specifications and he will not be personally involved in

3-18  opening, considering or accepting offers. If a public officer who is

3-19  authorized to bid on or enter into a contract with a governmental

3-20  agency pursuant to this subsection is a member of the governing

3-21  body of the agency, the public officer, pursuant to the

3-22  requirements of NRS 281.501, shall disclose his interest in the

3-23  contract and shall not vote on or advocate the approval of

3-24  the contract.

3-25      5.  A person who violates any of the provisions of this section

3-26  shall be punished as provided in NRS 197.230 and:

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

3-28  $250 or more, for a category D felony as provided in NRS 193.130.

3-29      (b) Where the commission, personal profit or compensation is

3-30  less than $250, for a misdemeanor.

3-31      6.  A person who violates the provisions of this section shall

3-32  pay any commission, personal profit or compensation resulting from

3-33  the contract or transaction to the employing state, county,

3-34  municipality, township, district or quasi-municipal corporation as

3-35  restitution.

3-36      Sec. 5.  NRS 281.505 is hereby amended to read as follows:

3-37      281.505  1.  Except as otherwise provided in this section[,]

3-38  and NRS 281.555 and 332.155, a public officer or employee shall

3-39  not bid on or enter into a contract between a governmental agency

3-40  and any private business in which he has a significant pecuniary

3-41  interest.

3-42      2.  A member of any board, commission or similar body who is

3-43  engaged in the profession, occupation or business regulated by such

3-44  board or commission, may, in the ordinary course of his business,

3-45  bid on or enter into a contract with any governmental agency, except

4-1  the board, commission or body of which he is a member, if he has

4-2  not taken part in developing the contract plans or specifications and

4-3  he will not be personally involved in opening, considering or

4-4  accepting offers.

4-5  3.  A full- or part-time faculty member or employee of the

4-6  University and Community College System of Nevada may bid on

4-7  or enter into a contract with a governmental agency, or may benefit

4-8  financially or otherwise from a contract between a governmental

4-9  agency and a private entity, if the contract complies with the

4-10  policies established by the Board of Regents of the University of

4-11  Nevada pursuant to NRS 396.255.

4-12      4.  A public officer or employee, other than an officer or

4-13  employee described in subsection 2 or 3, may bid on or enter into a

4-14  contract with a governmental agency if the contracting process is

4-15  controlled by rules of open competitive bidding, the sources of

4-16  supply are limited, he has not taken part in developing the contract

4-17  plans or specifications and he will not be personally involved in

4-18  opening, considering or accepting offers. If a public officer who is

4-19  authorized to bid on or enter into a contract with a governmental

4-20  agency pursuant to this subsection is a member of the governing

4-21  body of the agency, the public officer, pursuant to the

4-22  requirements of NRS 281.501, shall disclose his interest in the

4-23  contract and shall not vote on or advocate the approval of

4-24  the contract.

4-25      Sec. 6.  This act becomes effective upon passage and approval.

 

4-26  H