Assembly Bill No. 7–Committee of the Whole

 

July 21, 2003

____________

 

Declared an Emergency Measure

 

SUMMARY—Creates Nevada Commission on Minority Affairs and creates Regional Business Development Advisory Council for Clark County. (BDR 18‑19)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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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 minority groups; creating the Nevada Commission on Minority Affairs; prescribing the duties of the Commission; requiring the Director of the Department of Administration to provide certain staff assistance to the Commission under certain circumstances; creating the Regional Business Development Advisory Council for Clark County; prescribing the powers and duties of the Council; 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.  Title 18 of NRS is hereby amended by adding

1-2  thereto a new chapter to consist of the provisions set forth as

1-3  sections 2 to 10, inclusive, of this act.

1-4  Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, “Commission” means the Nevada Commission on

1-6  Minority Affairs created by section 3 of this act.

1-7  Sec. 3.  1.  The Nevada Commission on Minority Affairs,

1-8  consisting of nine members appointed by the Legislative

1-9  Commission, is hereby created. Appointments to the Commission

1-10  must be made from a list of persons recommended to the

1-11  Legislative Commission by organizations and other entities which

1-12  represent or promote the interests of minority groups in this state.

2-1  2.  The members appointed to the Commission must represent

2-2  a variety of minority groups that reflects the general population of

2-3  this state.

2-4  3.  The members of the Commission shall elect a Chairman

2-5  and a Vice Chairman from among their number.

2-6  4.  The term of office of the Chairman and the Vice Chairman

2-7  is 2 years.

2-8  5.  Not more than four members of the Commission may be

2-9  from the same minority group.

2-10      Sec. 4.  Except for the initial members, the term of office of

2-11  each member of the Commission is 2 years and commences on

2-12  July 1 of the year of appointment. The members shall continue in

2-13  office until their successors are appointed. Members are eligible

2-14  for reappointment, except that no member may serve for any part

2-15  of more than two consecutive terms. Vacancies must be filled by

2-16  appointment for the unexpired terms by the Legislative

2-17  Commission.

2-18      Sec. 5.  Members of the Commission receive no compensation

2-19  for their services, but are entitled to be reimbursed for all travel

2-20  and other expenses actually and necessarily incurred by them in

2-21  the performance of their duties, within the limits of money

2-22  available to the Commission.

2-23      Sec. 6.  1.  The Commission shall meet at the call of the

2-24  Chairman as frequently as required to perform its duties, but no

2-25  less than quarterly.

2-26      2.  A majority of the members of the Commission constitutes a

2-27  quorum for the transaction of business, and a majority of those

2-28  present at any meeting is sufficient for any official action taken by

2-29  the Commission.

2-30      3.  The Commission shall, on or before January 31 of each

2-31  year, submit a report to the Governor summarizing the activities,

2-32  needs and recommendations of the Commission.

2-33      Sec. 7.  The Commission shall, within the limits of available

2-34  money:

2-35      1.  Study matters affecting the social and economic welfare

2-36  and well-being of minorities residing in the State of Nevada;

2-37      2.  Collect and disseminate information on activities,

2-38  programs and essential services available to minorities in the State

2-39  of Nevada;

2-40      3.  Study the:

2-41      (a) Availability of employment for minorities in this state, and

2-42  the manner in which minorities are employed;

2-43      (b) Manner in which minorities can be encouraged to start and

2-44  manage their own businesses successfully; and

2-45      (c) Availability of affordable housing for minorities;

3-1  4.  In cooperation with the Nevada Equal Rights Commission,

3-2  act as a liaison to inform persons regarding:

3-3  (a) The laws of this state that prohibit discriminatory

3-4  practices; and

3-5  (b) The procedures pursuant to which aggrieved persons may

3-6  file complaints or otherwise take action to remedy such

3-7  discriminatory practices;

3-8  5.  To the extent practicable, strive to create networks within

3-9  the business community between businesses that are owned by

3-10  minorities and businesses that are not owned by minorities;

3-11      6.  Advise the Governor on matters relating to minorities and

3-12  of concern to minorities; and

3-13      7.  Recommend proposed legislation to the Governor.

3-14      Sec. 8.  The Chairman of the Commission may, with the

3-15  approval of the Commission, appoint committees from its members

3-16  to assist in carrying out any of the functions or duties of the

3-17  Commission.

3-18      Sec. 9.  1.  The Director of the Department of

3-19  Administration shall provide staff assistance to the Commission as

3-20  the Governor deems appropriate.

3-21      2.  The Commission may engage the services of volunteer

3-22  workers and consultants without compensation as is necessary

3-23  from time to time.

3-24      Sec. 10.  The Commission may apply for and receive gifts,

3-25  grants, contributions or other money from governmental and

3-26  private agencies, affiliated associations and other persons for the

3-27  purposes of carrying out the provisions of this chapter and for

3-28  defraying expenses incurred by the Commission in the discharge

3-29  of its duties.

3-30      Sec. 11.  As used in sections 11 to 20, inclusive, of this act,

3-31  unless the context otherwise requires, the words and terms defined

3-32  in sections 12 and 13 of this act have the meanings ascribed to them

3-33  in those sections.

3-34      Sec. 12.  “Council” means the Regional Business Development

3-35  Advisory Council for Clark County created by section 15 of this act.

3-36      Sec. 13.  “Disadvantaged person” means a person who is a

3-37  member of a racial or ethnic minority, female or physically disabled.

3-38      Sec. 14.  The Legislature hereby finds and declares that a

3-39  general law cannot be made applicable for the provisions of this act

3-40  because of the economic diversity of Clark County, the unique

3-41  growth in population experienced in Clark County, particularly in

3-42  the minority population, and the special conditions experienced in

3-43  Clark County related to the documented statistical disparities

3-44  between the availability and utilization of firms owned by minorities

4-1  and women for the procurement and contracting by public agencies

4-2  in Clark County.

4-3  Sec. 15.  1.  The Regional Business Development Advisory

4-4  Council for Clark County is hereby created. Except as otherwise

4-5  provided in subsection 2, the Council consists of a single

4-6  representative from each of the following entities:

4-7  (a) City of Henderson.

4-8  (b) Henderson Library District.

4-9  (c) City of Las Vegas.

4-10      (d) Housing Authority of the City of Las Vegas.

4-11      (e) City of North Las Vegas.

4-12      (f) Housing Authority of the City of North Las Vegas.

4-13      (g) Clark County.

4-14      (h) Clark County Health District.

4-15      (i) Clark County Housing Authority.

4-16      (j) Clark County Regional Flood Control District.

4-17      (k) Clark County Sanitation District.

4-18      (l) Clark County Water Reclamation District.

4-19      (m) Clark County School District.

4-20      (n) Community College of Southern Nevada.

4-21      (o) Las Vegas-Clark County Library District.

4-22      (p) Las Vegas Convention and Visitors Authority.

4-23      (q) Las Vegas Valley Water District.

4-24      (r) Regional Transportation Commission of Southern Nevada.

4-25      (s) Southern Nevada Water Authority.

4-26      (t) University Medical Center of Southern Nevada.

4-27      (u) University of Nevada, Las Vegas.

4-28      (v) Department of Transportation.

4-29      (w) Las Vegas Urban Chamber of Commerce.

4-30      (x) Hispanic Business Roundtable.

4-31      2.  The Board of County Commissioners of Clark County, in

4-32  consultation with the Las Vegas Urban Chamber of Commerce,

4-33  shall solicit and encourage participation in the Council by other

4-34  governmental entities, private nonprofit entities organized to

4-35  promote business or encourage participation in government, and

4-36  private entities that employ 500 or more persons. Any such entity

4-37  that requests to participate must be included as a member of the

4-38  Council.

4-39      Sec. 16.  The Council shall elect from among its members a

4-40  Chairman, Vice Chairman, Secretary and such other officers as the

4-41  Council determines are necessary. The term of each officer is 2

4-42  years. Any vacancy occurring in an office must be filled by majority

4-43  vote of the members of the Council for the remainder of the

4-44  unexpired term.

5-1  Sec. 17.  1.  The members of the Council shall serve without

5-2  compensation.

5-3  2.  The governmental entities who have a representative on the

5-4  Council shall jointly provide the Council with administrative

5-5  assistance and provide for the payment of the expenses of the

5-6  Council.

5-7  Sec. 18.  The Council shall meet at least once every 3 months,

5-8  at such times as are determined by the Council.

5-9  Sec. 19.  The Secretary of the Council shall:

5-10      1.  Record the minutes of each meeting of the Council;

5-11      2.  Record the attendance at each meeting of the Council; and

5-12      3.  Maintain the records and minutes of the Council.

5-13      Sec. 20.  1.  The Council shall propose and implement

5-14  policies, programs and procedures to encourage and promote the use

5-15  of local businesses owned or operated by disadvantaged persons,

5-16  particularly in the area of contracting and procurement by public

5-17  agencies in Clark County.

5-18      2.  On or before November 1 of each year, each public entity

5-19  which has a representative on the Council shall prepare and deliver a

5-20  written report to the Council which contains:

5-21      (a) The number of persons employed by the public entity,

5-22  disaggregated by major ethnic and racial categories, including,

5-23  without limitation, African-American, Asian, Caucasian, Hispanic

5-24  and Native American.

5-25      (b) Capital expenditures made by the public entity for the

5-26  immediately preceding fiscal year, disaggregated by discretionary

5-27  and nondiscretionary expenditures.

5-28      (c) The percentage of capital expenditures paid by the public

5-29  entity to disadvantaged persons or businesses owned or managed by

5-30  disadvantaged persons, disaggregated by ethnic and racial categories

5-31  and by gender.

5-32      (d) A summary of the efforts and programs used by the public

5-33  entity to encourage and increase the involvement in contracting by

5-34  disadvantaged persons and businesses owned or managed by

5-35  disadvantaged persons and any efforts or programs used by the

5-36  public entity to encourage the economic development of

5-37  disadvantaged persons and businesses owned by disadvantaged

5-38  persons.

5-39      (e) Such other information as the Council determines is

5-40  necessary to achieve its goals.

5-41      3.  The Council shall encourage each public or private entity

5-42  which has a representative on the Council pursuant to subsection 2

5-43  of section 15 of this act to prepare and deliver to the Council an

5-44  annual report similar to the report required pursuant to subsection 2.

6-1  4.  On or before January 15 of each odd-numbered year, the

6-2  Council shall prepare a report regarding the policies, programs and

6-3  procedures that the Council proposed and implemented during the

6-4  immediately preceding 2 years to encourage and promote the use of

6-5  local businesses owned and operated by disadvantaged persons,

6-6  using the reports received pursuant to this section, and shall submit

6-7  the report to the Director of the Legislative Counsel Bureau for

6-8  transmittal to the 73rd Session of the Nevada Legislature.

6-9  Sec. 21.  As soon as practicable, the Legislative Commission

6-10  shall appoint to the Nevada Commission on Minority Affairs:

6-11      1.  Four members to terms that expire on June 30, 2004.

6-12      2.  Five members to terms that expire on June 30, 2005.

6-13      Sec. 22.  1.  This section and sections 1 to 10, inclusive, and

6-14  21 of this act become effective upon passage and approval, and

6-15  expire by limitation on June 30, 2007.

6-16      2.  Sections 11 to 20, inclusive, of this act become effective on

6-17  October 1, 2003.

 

6-18  H