Senate Bill No. 175–Senators Schneider, Neal, Mathews,
Wiener, Care, Titus and Shaffer

 

February 15, 2001

____________

 

Joint Sponsors: Assemblymen Giunchigliani, Parks, Beers, Carpenter, Chowning, Humke, Manendo and Nolan

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions relating to disabled persons. (BDR 27‑194)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    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 disabled persons; creating an exception for certain organizations to the competitive bidding process for purchasing by local governments; creating the committee on employment of persons with disabilities in the department of business and industry; requiring the committee to establish a program for the purchase of commodities and services from certain organizations by agencies of state and local government; 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. Chapter 332 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    A governing body of a local government or its authorized

1-4  representative may award, without complying with the requirements for

1-5  competitive bidding set forth in this chapter, a contract for services or for

1-6  the purchase of supplies, materials, equipment or labor to an

1-7  organization or agency whose primary purpose is the training and

1-8  employment of persons with a mental or physical disability, including,

1-9  without limitation, a community-based training center for the care and

1-10  training of mentally and functionally retarded persons described in

1-11  chapter 435 of NRS. For such contracts, the governing body or

1-12  authorized representative shall establish a fair-market price for those

1-13  services, supplies, materials, equipment or labor by conducting a market

2-1  survey or by accepting a recommendation of the committee on

2-2  employment of persons with disabilities.

2-3    Sec. 2.  NRS 333.375 is hereby amended to read as follows:

2-4    333.375  The provisions of NRS 331.100 notwithstanding, the director

2-5  may award without accepting competitive bids a contract for services or

2-6  the purchase of commodities to organizations or agencies whose primary

2-7  purpose is the training and employment of [handicapped persons.] persons

2-8  with a mental or physical disability, including, without limitation, a

2-9  community-based training center for the care and training of mentally

2-10  and functionally retarded persons described in chapter 435 of NRS. He

2-11  shall establish [by market survey] a fair-market price for those services or

2-12  commodities[.] by conducting a market survey or by accepting a

2-13  recommendation of the committee on employment of persons with

2-14  disabilities.

2-15    Sec. 3.  Chapter 334 of NRS is hereby amended by adding thereto a

2-16  new section to read as follows:

2-17    1.  The committee on employment of persons with disabilities shall, by

2-18  regulation, establish a program for the purchase of commodities and

2-19  services from organizations by agencies of state and local government to

2-20  encourage and facilitate such purchases.

2-21    2.  Regulations enacted pursuant to subsection 1 must establish:

2-22    (a) A method for assisting an agency who wishes to purchase

2-23  commodities or services from an organization to locate such commodities

2-24  and services that meet the needs of the agency;

2-25    (b) A method for assisting an organization to locate an agency who

2-26  wishes to purchase commodities or services from organizations;

2-27    (c) A method for analyzing the commodities and services of an

2-28  organization and determining a fair-market price for such commodities

2-29  and services;

2-30    (d) A method for encouraging agencies to purchase commodities and

2-31  services from organizations;

2-32    (e) A method for mediating disputes arising out of contracts entered

2-33  into pursuant to the program;

2-34    (f) A percentage, not to exceed 4 percent, of the amount set forth in

2-35  each contract entered into pursuant to the program that is sufficient to

2-36  pay the cost to the committee of establishing and administering the

2-37  program; and

2-38    (g) A method for requiring an agency to report to the committee:

2-39      (1) The number of persons currently employed at the agency who

2-40  are mentally or physically disabled; and

2-41      (2) The number of contracts the agency has entered into pursuant

2-42  to the program which are currently in effect.

2-43    3.  In administering the program, the committee on employment of

2-44  persons with disabilities shall:

2-45    (a) Upon request of an agency or organization, assist an agency and

2-46  organization in establishing a contract for the purchase of commodities

2-47  or services;

3-1    (b) Upon request of an agency or the director of the department of

3-2  administration, recommend a fair-market price for the commodities or

3-3  services of the organization that are to be purchased by the agency; and

3-4    (c) Assist in resolving any dispute between an agency and an

3-5  organization that arises out of a contract entered into pursuant to the

3-6  program.

3-7    4.  A contract entered into pursuant to the program must provide for

3-8  a payment to the committee in an amount equal to the full amount of

3-9  payment to the organization for all commodities and services to be

3-10  provided to the agency pursuant to the contract multiplied by the

3-11  percentage established pursuant to paragraph (f) of subsection 2.

3-12    5.  As used in this section:

3-13    (a) “Agency” means a local government as defined in NRS 332.015

3-14  and using agencies as defined in NRS 333.020.

3-15    (b) “Organization” means an organization whose primary purpose is

3-16  the training and employment of mentally or physically disabled persons,

3-17  including, without limitation, community-based training centers for the

3-18  care and training of mentally and functionally retarded persons

3-19  described in chapter 435 of NRS.

3-20    Sec. 4.  Chapter 232 of NRS is hereby amended by adding thereto the

3-21  provisions set forth as sections 5 to 9, inclusive, of this act.

3-22    Sec. 5.  1.  The committee on employment of persons with

3-23  disabilities consisting of 10 members is hereby created.

3-24    2.  The governor shall appoint six members to the committee who are

3-25  knowledgeable about the needs of persons with disabilities and who

3-26  reflect the diversity of the population of this state.

3-27    3.  The majority leader of the senate and the speaker of the assembly

3-28  shall each appoint two members who are knowledgeable about the needs

3-29  of persons with disabilities and who reflect the diversity of the population

3-30  of this state.

3-31    4.  Except for the terms of the initial members, the term of office for

3-32  each member of the committee is 2 years. Any vacancy in the

3-33  membership of the committee that occurs before the expiration of the

3-34  term of the member must be filled for the remainder of the unexpired

3-35  term in the same manner as the original appointment.

3-36    5.  While engaged in the business of the committee, each member of

3-37  the committee is entitled to receive the per diem allowance and travel

3-38  expenses provided for state officers and employees generally.

3-39    Sec. 6.  1.  The department shall provide administrative support to

3-40  the committee.

3-41    2.  The director, with the consent of the governor, shall appoint an

3-42  administrator of the committee who is responsible to and serves at the

3-43  pleasure of the governor and the director. The administrator shall

3-44  establish policies and procedures for the committee.

3-45    Sec. 7.  1.  The governor shall appoint a chairperson from the

3-46  members of the committee.

3-47    2.  The committee shall meet at least biannually at the call of the

3-48  chairperson.

 

4-1    Sec. 8.  The committee shall:

4-2    1.  Function as the state affiliate and liaison with the President’s

4-3  Committee on Employment of People with Disabilities and with

4-4  committees and organizations of other states that support increased

4-5  employment opportunities for disabled persons;

4-6    2.  Provide technical assistance to employers in complying with the

4-7  Americans With Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and

4-8  the regulations enacted pursuant thereto, and in complying with other

4-9  laws and regulations that relate to employment for disabled persons;

4-10    3.  Serve as an advocate concerning persons with disabilities;

4-11    4.  Serve as a resource for the business community regarding the

4-12  needs of persons with disabilities through coordination of programs with

4-13  the department of business and industry;

4-14    5.  Formally recognize persons and organizations that have

4-15  significantly improved employment opportunities for persons with

4-16  disabilities;

4-17    6.  Promote public awareness concerning employment of disabled

4-18  persons;

4-19    7.  On a quarterly basis, report to and advise the governor, through

4-20  the department, on issues relating to employment and disabilities and on

4-21  the activities and accomplishments of the committee;

4-22    8.  Develop information and educational programs that help

4-23  discourage stereotypical attitudes held by employers and the public

4-24  regarding persons with disabilities; and

4-25    9.  Establish, by regulation, and administer the program for the

4-26  purchase of commodities and services from organizations by agencies of

4-27  state and local government pursuant to section 3 of this act.

4-28    10.  As used in this section, “organization” has the meaning ascribed

4-29  to it in section 3 of this act.

4-30    Sec. 9.  1.  The committee may apply for any available grants and

4-31  accept any gifts, grants, appropriations or donations to assist the

4-32  committee in carrying out its duties pursuant to the provisions of sections

4-33  5 to 9, inclusive, of this act.

4-34    2.  All money received by the committee must be deposited in the state

4-35  treasury and accounted for separately in the state general fund for use

4-36  only by the committee in performing the duties described in sections 5 to

4-37  9, inclusive, of this act.

4-38    Sec. 10.  NRS 232.505 is hereby amended to read as follows:

4-39    232.505  As used in NRS 232.505 to 232.840, inclusive, and sections 5

4-40  to 9, inclusive, of this act, unless the context requires otherwise:

4-41    1.  “Committee” means the committee on employment of persons with

4-42  disabilities.

4-43    2.  “Department” means the department of business and industry.

4-44    [2.] 3.  “Director” means the director of the department.

4-45    Sec. 11.  NRS 232.510 is hereby amended to read as follows:

4-46    232.510  1.  The department of business and industry is hereby

4-47  created.

4-48    2.  The department consists of a director and the following:

4-49    (a) Consumer affairs division.

5-1    (b) Division of financial institutions.

5-2    (c) Housing division.

5-3    (d) Manufactured housing division.

5-4    (e) Real estate division.

5-5    (f) Division of unclaimed property.

5-6    (g) Division of insurance.

5-7    (h) Division of industrial relations.

5-8    (i) Office of labor commissioner.

5-9    (j) Taxicab authority.

5-10    (k) Nevada athletic commission.

5-11    (l) Office of the Nevada attorney for injured workers.

5-12    (m) Transportation services authority.

5-13    (n) Committee on employment of persons with disabilities.

5-14    (o) Any other office, commission, board, agency or entity created or

5-15  placed within the department pursuant to a specific statute, the budget

5-16  approved by the legislature or an executive order, or an entity whose

5-17  budget or activities have been placed within the control of the department

5-18  by a specific statute.

5-19    Sec. 12.  NRS 232.520 is hereby amended to read as follows:

5-20    232.520  The director:

5-21    1.  Shall appoint a chief or executive director, or both of them, of each

5-22  of the divisions, offices, commissions, boards, agencies or other entities of

5-23  the department, unless the authority to appoint such a chief or executive

5-24  director, or both of them, is expressly vested in another person, board or

5-25  commission by a specific statute. In making the appointments, the director

5-26  may obtain lists of qualified persons from professional organizations,

5-27  associations or other groups recognized by the department, if any. The

5-28  chief of the consumer affairs division is the commissioner of consumer

5-29  affairs, the chief of the division of financial institutions is the

5-30  commissioner of financial institutions, the chief of the housing division is

5-31  the administrator of the housing division, the chief of the manufactured

5-32  housing division is the administrator of the manufactured housing division,

5-33  the chief of the real estate division is the real estate administrator, the chief

5-34  of the division of unclaimed property is the administrator of unclaimed

5-35  property, the chief of the division of insurance is the commissioner of

5-36  insurance, the chief of the division of industrial relations is the

5-37  administrator of the division of industrial relations, the chief of the office

5-38  of labor commissioner is the labor commissioner, the chief of the taxicab

5-39  authority is the taxicab administrator, the chief of the transportation

5-40  services authority is the chairman of the authority , the executive director

5-41  of the committee on employment of persons with disabilities is the

5-42  administrator of the committee and the chief of any other entity of the

5-43  department has the title specified by the director, unless a different title is

5-44  specified by a specific statute.

5-45    2.  Is responsible for the administration of all provisions of law relating

5-46  to the jurisdiction, duties and functions of all divisions and other entities

5-47  within the department. The director may, if he deems it necessary to carry

5-48  out his administrative responsibilities, be considered as a member of the

5-49  staff of any division or other entity of the department for the purpose of

6-1  budget administration or for carrying out any duty or exercising any power

6-2  necessary to fulfill the responsibilities of the director pursuant to this

6-3  subsection. The provisions of this subsection do not authorize the director

6-4  to preempt any authority or jurisdiction granted by statute to any division

6-5  or other entity within the department or authorize the director to act or take

6-6  on a function that would contravene a rule of court or a statute.

6-7    3.  May:

6-8    (a) Establish uniform policies for the department, consistent with the

6-9  policies and statutory responsibilities and duties of the divisions and other

6-10  entities within the department, relating to matters concerning budgeting,

6-11  accounting, planning, program development, personnel, information

6-12  services, dispute resolution, travel, workplace safety, the acceptance of

6-13  gifts or donations, the management of records and any other subject for

6-14  which a uniform departmental policy is necessary to ensure the efficient

6-15  operation of the department.

6-16    (b) Provide coordination among the divisions and other entities within

6-17  the department, in a manner which does not encroach upon their statutory

6-18  powers and duties, as they adopt and enforce regulations, execute

6-19  agreements, purchase goods, services or equipment, prepare legislative

6-20  requests and lease or use office space.

6-21    (c) Define the responsibilities of any person designated to carry out the

6-22  duties of the director relating to financing, industrial development or

6-23  business support services.

6-24    4.  May, within the limits of the financial resources made available to

6-25  him, promote, participate in the operation of, and create or cause to be

6-26  created, any nonprofit corporation, pursuant to chapter 82 of NRS, which

6-27  he determines is necessary or convenient for the exercise of the powers and

6-28  duties of the department. The purposes, powers and operation of the

6-29  corporation must be consistent with the purposes, powers and duties of the

6-30  department.

6-31    5.  For any bonds which he is otherwise authorized to issue, may issue

6-32  bonds the interest on which is not exempt from federal income tax or

6-33  excluded from gross revenue for the purposes of federal income tax.

6-34    6.  May, except as otherwise provided by specific statute, adopt by

6-35  regulation a schedule of fees and deposits to be charged in connection with

6-36  the programs administered by him pursuant to chapters 348A and 349 of

6-37  NRS. Except as otherwise provided, the amount of any such fee or deposit

6-38  must not exceed 2 percent of the principal amount of the financing.

6-39    7.  May designate any person within the department to perform any of

6-40  the duties or responsibilities, or exercise any of the authority, of the

6-41  director on his behalf.

6-42    8.  May negotiate and execute agreements with public or private

6-43  entities which are necessary to the exercise of the powers and duties of the

6-44  director or the department.

6-45    9.  May establish a trust account in the state treasury for depositing and

6-46  accounting for money that is held in escrow or is on deposit with the

6-47  department for the payment of any direct expenses incurred by the director

6-48  in connection with any bond programs administered by the director. The

6-49  interest and income earned on money in the trust account, less any amount

7-1  deducted to pay for applicable charges, must be credited to the trust

7-2  account. Any balance remaining in the account at the end of a fiscal year

7-3  may be:

7-4    (a) Carried forward to the next fiscal year for use in covering the

7-5  expense for which it was originally received; or

7-6    (b) Returned to any person entitled thereto in accordance with

7-7  agreements or regulations of the director relating to those bond programs.

7-8    Sec. 13.  1.  The current members of the governor’s committee on

7-9  employment of people with disabilities shall be deemed to be the initial

7-10  members of the committee on employment of persons with disabilities who

7-11  shall serve the remainder of the term for which they were appointed by the

7-12  governor.

7-13    2.  The first four vacancies to occur because of the expiration of the

7-14  term of a member described in subsection 1 must be filled in the manner

7-15  required by subsection 3 of section 5 of this act. The final six vacancies

7-16  which occur as a result of the expiration of the terms of members described

7-17  in subsection 1 must be filled by the governor pursuant to subsection 2 of

7-18  section 5 of this act.

7-19    Sec. 14.  This act becomes effective on July 1, 2001.

 

7-20  H