Assembly Bill No. 7–Committee of the Whole

 

CHAPTER..........

 

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:

 

    Section 1.  Title 18 of NRS is hereby amended by adding

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

 sections 2 to 10, inclusive, of this act.

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

 requires, “Commission” means the Nevada Commission on

 Minority Affairs created by section 3 of this act.

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

 consisting of nine members appointed by the Legislative

 Commission, is hereby created. Appointments to the Commission

 must be made from a list of persons recommended to the

 Legislative Commission by organizations and other entities which

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

    2.  The members appointed to the Commission must represent

 a variety of minority groups that reflects the general population of

 this state.

    3.  The members of the Commission shall elect a Chairman

 and a Vice Chairman from among their number.

    4.  The term of office of the Chairman and the Vice Chairman

 is 2 years.

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

 from the same minority group.

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

 each member of the Commission is 2 years and commences on

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

 office until their successors are appointed. Members are eligible

 for reappointment, except that no member may serve for any part

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

 appointment for the unexpired terms by the Legislative

 Commission.

    Sec. 5.  Members of the Commission receive no compensation

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

 and other expenses actually and necessarily incurred by them in

the performance of their duties, within the limits of money

available to the Commission.

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

 Chairman as frequently as required to perform its duties, but no

 less than quarterly.

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

 quorum for the transaction of business, and a majority of those

 present at any meeting is sufficient for any official action taken

 by the Commission.

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

 year, submit a report to the Governor summarizing the activities,

 needs and recommendations of the Commission.

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

 money:

    1.  Study matters affecting the social and economic welfare

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

    2.  Collect and disseminate information on activities,

 programs and essential services available to minorities in the

 State of Nevada;

    3.  Study the:

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

 the manner in which minorities are employed;

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

 manage their own businesses successfully; and

    (c) Availability of affordable housing for minorities;

    4.  In cooperation with the Nevada Equal Rights Commission,

 act as a liaison to inform persons regarding:

    (a) The laws of this state that prohibit discriminatory

 practices; and

    (b) The procedures pursuant to which aggrieved persons may

 file complaints or otherwise take action to remedy such

 discriminatory practices;

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

 the business community between businesses that are owned by

 minorities and businesses that are not owned by minorities;

    6.  Advise the Governor on matters relating to minorities and

 of concern to minorities; and

    7.  Recommend proposed legislation to the Governor.

    Sec. 8.  The Chairman of the Commission may, with the

 approval of the Commission, appoint committees from its

 members to assist in carrying out any of the functions or duties of

 the Commission.

    Sec. 9.  1.  The Director of the Department of

 Administration shall provide staff assistance to the Commission

 as the Governor deems appropriate.

    2.  The Commission may engage the services of volunteer

workers and consultants without compensation as is necessary

 from time to time.

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

 grants, contributions or other money from governmental and

 private agencies, affiliated associations and other persons for the

 purposes of carrying out the provisions of this chapter and for

 defraying expenses incurred by the Commission in the discharge

 of its duties.

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

 unless the context otherwise requires, the words and terms defined

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

 in those sections.

    Sec. 12.  “Council” means the Regional Business Development

 Advisory Council for Clark County created by section 15 of this

 act.

    Sec. 13.  “Disadvantaged person” means a person who is a

 member of a racial or ethnic minority, female or physically

 disabled.

    Sec. 14.  The Legislature hereby finds and declares that a

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

 because of the economic diversity of Clark County, the unique

 growth in population experienced in Clark County, particularly in

 the minority population, and the special conditions experienced in

 Clark County related to the documented statistical disparities

 between the availability and utilization of firms owned by

 minorities and women for the procurement and contracting by

 public agencies in Clark County.

    Sec. 15.  1.  The Regional Business Development Advisory

 Council for Clark County is hereby created. Except as otherwise

 provided in subsection 2, the Council consists of a single

 representative from each of the following entities:

    (a) City of Henderson.

    (b) Henderson Library District.

    (c) City of Las Vegas.

    (d) Housing Authority of the City of Las Vegas.

    (e) City of North Las Vegas.

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

    (g) Clark County.

    (h) Clark County Health District.

    (i) Clark County Housing Authority.

    (j) Clark County Regional Flood Control District.

    (k) Clark County Sanitation District.

    (l) Clark County Water Reclamation District.

    (m) Clark County School District.

    (n) Community College of Southern Nevada.

    (o) Las Vegas-Clark County Library District.

    (p) Las Vegas Convention and Visitors Authority.

    (q) Las Vegas Valley Water District.

    (r) Regional Transportation Commission of Southern Nevada.

    (s) Southern Nevada Water Authority.

    (t) University Medical Center of Southern Nevada.

    (u) University of Nevada, Las Vegas.

    (v) Department of Transportation.

    (w) Las Vegas Urban Chamber of Commerce.

    (x) Hispanic Business Roundtable.

    2.  The Board of County Commissioners of Clark County, in

 consultation with the Las Vegas Urban Chamber of Commerce,

 shall solicit and encourage participation in the Council by other

 governmental entities, private nonprofit entities organized to

 promote business or encourage participation in government, and

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

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

 Council.

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

 Chairman, Vice Chairman, Secretary and such other officers as the

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

 years. Any vacancy occurring in an office must be filled by

 majority vote of the members of the Council for the remainder of

 the unexpired term.

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

 compensation.

    2.  The governmental entities who have a representative on the

 Council shall jointly provide the Council with administrative

 assistance and provide for the payment of the expenses of the

 Council.

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

 at such times as are determined by the Council.

    Sec. 19.  The Secretary of the Council shall:

    1.  Record the minutes of each meeting of the Council;

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

    3.  Maintain the records and minutes of the Council.

    Sec. 20.  1.  The Council shall propose and implement

 policies, programs and procedures to encourage and promote the

 use of local businesses owned or operated by disadvantaged

 persons, particularly in the area of contracting and procurement by

 public agencies in Clark County.

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

 which has a representative on the Council shall prepare and deliver

 a written report to the Council which contains:

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

 disaggregated by major ethnic and racial categories, including,

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

 and Native American.

    (b) Capital expenditures made by the public entity for the

immediately preceding fiscal year, disaggregated by discretionary

 and nondiscretionary expenditures.

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

 entity to disadvantaged persons or businesses owned or managed by

 disadvantaged persons, disaggregated by ethnic and racial

 categories and by gender.

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

 entity to encourage and increase the involvement in contracting by

 disadvantaged persons and businesses owned or managed by

 disadvantaged persons and any efforts or programs used by the

 public entity to encourage the economic development of

 disadvantaged persons and businesses owned by disadvantaged

 persons.

    (e) Such other information as the Council determines is

 necessary to achieve its goals.

    3.  The Council shall encourage each public or private entity

 which has a representative on the Council pursuant to subsection 2

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

 annual report similar to the report required pursuant to subsection 2.

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

 Council shall prepare a report regarding the policies, programs and

 procedures that the Council proposed and implemented during the

 immediately preceding 2 years to encourage and promote the use of

 local businesses owned and operated by disadvantaged persons,

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

 the report to the Director of the Legislative Counsel Bureau for

 transmittal to the 73rd Session of the Nevada Legislature.

    Sec. 21.  As soon as practicable, the Legislative Commission

 shall appoint to the Nevada Commission on Minority Affairs:

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

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

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

 21 of this act become effective upon passage and approval, and

 expire by limitation on June 30, 2007.

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

 October 1, 2003.

 

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