Senate Bill No. 211–Senator O’Connell

February 17, 1999

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Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes regarding operation of division of wildlife of state department of conservation and natural resources. (BDR 45-718)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the division of wildlife of the state department of conservation and natural resources; allowing a change in the location of the headquarters of the division; requiring the division to contract with a private entity to conduct a drawing to award and issue tags for a special season; 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 501.341 is hereby amended to read as follows:

1-2 501.341 The headquarters of the division must be maintained at [Reno.

1-3 Other] such a location in the state, and other offices may be established

1-4 throughout the state in such number and location , as will, in the opinion of

1-5 the administrator and commission, provide an efficient divisional operation.

1-6 Sec. 2. Chapter 502 of NRS is hereby amended by adding thereto a

1-7 new section to read as follows:

1-8 1. The division shall contract with a private entity to conduct a

1-9 drawing and to award and issue the tags for a special season. The

1-10 drawing must be conducted using a computer program that awards tags

1-11 based on a random order of selection. The contract must provide for the

1-12 acquisition by the division of the ownership of the computer program at

1-13 the end of the term of the contract. The division shall solicit bids for the

1-14 contract pursuant to the provisions of chapter 333 of NRS.

1-15 2. The division shall:

1-16 (a) Provide to the private entity to whom a contract is awarded

1-17 pursuant to the provisions of subsection 1 any applications for tags,

2-1 documents or other information required by the private entity to conduct

2-2 the drawing; and

2-3 (b) Otherwise cooperate with the private entity in conducting the

2-4 drawing.

2-5 3. As soon as practicable after the drawing is completed, the private

2-6 entity shall submit the results of the drawing to the division.

2-7 4. If no private entity qualifies for the awarding of the contract

2-8 specified in subsection 1, the division shall conduct a drawing to award

2-9 tags for a special season in the manner set forth in the regulations

2-10 adopted by the commission pursuant to the provisions of subsection 5.

2-11 5. The commission shall adopt regulations necessary to carry out the

2-12 provisions of this section, including regulations that prescribe the

2-13 manner in which the division must conduct a drawing specified in

2-14 subsection 1 if no private entity qualifies for the awarding of the

2-15 contract.

2-16 Sec. 3. NRS 242.131 is hereby amended to read as follows:

2-17 242.131 1. The department shall provide state agencies and elected

2-18 state officers with all of their required design of information systems. All

2-19 agencies and officers must use those services and equipment, except as

2-20 otherwise provided in subsection 2.

2-21 2. The following agencies may negotiate with the department for its

2-22 services or the use of its equipment, subject to the provisions of this

2-23 chapter, and the department shall provide [such] those services and the use

2-24 of [such] that equipment as may be mutually agreed:

2-25 (a) [Court] The court administrator;

2-26 (b) [Department] The department of motor vehicles and public safety;

2-27 (c) [Department] The department of transportation;

2-28 (d) [Employment] The employment security division of the department

2-29 of employment, training and rehabilitation;

2-30 (e) [Legislative] The division of wildlife of the state department of

2-31 conservation and natural resources;

2-32 (f) The legislative counsel bureau;

2-33 [(f) State]

2-34 (g) The state industrial insurance system;

2-35 [(g) State controller;

2-36 (h) State]

2-37 (h) The state controller;

2-38 (i) The state gaming control board and Nevada gaming commission; and

2-39 [(i)] (j) The University and Community College System of Nevada.

2-40 3. Any state agency or elected state officer who uses the services of the

2-41 department and desires to withdraw substantially from that use must apply

2-42 to the director for approval. The application must set forth justification for

3-1 the withdrawal. If the director denies the application, the agency or officer

3-2 must:

3-3 (a) If the legislature is in regular or special session, obtain the approval

3-4 of the legislature by concurrent resolution.

3-5 (b) If the legislature is not in regular or special session, obtain the

3-6 approval of the interim finance committee. The director shall, within 45

3-7 days after receipt of the application, forward the application together with

3-8 his recommendation for approval or denial to the interim finance

3-9 committee. The interim finance committee has 45 days after the application

3-10 and recommendation are submitted to its secretary within which to consider

3-11 the application. Any application which is not considered by the committee

3-12 within the 45-day period shall be deemed approved.

3-13 4. If the demand for services or use of equipment exceeds the

3-14 capability of the department to provide them, the department may contract

3-15 with other agencies or independent contractors to furnish the required

3-16 services or use of equipment and is responsible for the administration of the

3-17 contracts.

3-18 Sec. 4. Section 17 of chapter 507, Statutes of Nevada 1991, at page

3-19 1578, is hereby repealed.

 

3-20 TEXT OF REPEALED SECTION

 

3-21 Section 17 of chapter 507, Statutes of Nevada 1991:

3-22 Sec. 17. 1. The department of wildlife shall solicit bids in

3-23 accordance with state law for the development of a computer

3-24 program for the issuance of tags for special seasons.

3-25 2. The request for proposals must indicate, and any contract

3-26 awarded must provide, that the following conditions apply to the

3-27 contract for the development of a computer program pursuant to

3-28 this section:

3-29 (a) The contract must result in the establishment of a complete

3-30 system, that can be readily changed, of applications and drawings

3-31 for, and the issuance of, tags.

3-32 (b) The contract must allow access to and the use of existing

3-33 data and files of the department, to the extent necessary to carry out

3-34 the contract.

3-35 (c) The department must acquire ownership of the computer

3-36 program at the end of the term of the contract.

3-37 3. The department must award the contract for the development

3-38 of the computer program to a private entity unless no qualified bids

3-39 are received. If no qualified bids are received, the program may be

3-40 developed by a public agency.

4-1 4. Before submitting a contract proposed pursuant to this

4-2 section to the state board of examiners for approval, the director of

4-3 the department of wildlife shall submit the qualified bid or bids

4-4 received by the department to the interim finance committee for its

4-5 advisory review.

4-6 5. The program developed pursuant to this section must be used

4-7 for all drawings of tags on or after January 1, 1993, for special

4-8 seasons.

4-9 6. As used in this section, "special season" has the meaning

4-10 ascribed to it in NRS 501.085.

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