(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

February 15, 2001

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

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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; requiring the committee on employment of persons with disabilities, if created by the governor, to establish a program to encourage and facilitate 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    1.  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.

1-12    2.  An organization or agency that wishes to submit a bid for such a

1-13  contract must establish a fair-market price for those services, supplies,

2-1  materials, equipment or labor by conducting a market survey and must

2-2  include the survey with the bid submitted to the local government.

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

2-4    333.375  1. The provisions of NRS 331.100 notwithstanding, the

2-5  [director] purchasing division may award without accepting competitive

2-6  bids a contract for services or the purchase of commodities to organizations

2-7  or agencies whose primary purpose is the training and employment of

2-8  [handicapped persons. He shall establish by market survey] persons with a

2-9  mental or physical disability, including, without limitation, a community-

2-10  based training center for the care and training of mentally and

2-11  functionally retarded persons described in chapter 435 of NRS.

2-12    2.  An organization or agency that wishes to submit a bid for such a

2-13  contract must establish a fair-market price for those services or

2-14  commodities [.] by conducting a market survey and must include the

2-15  survey with the bid submitted to the purchasing division.

2-16    Sec. 3.  Chapter 334 of NRS is hereby amended by adding thereto a

2-17  new section to read as follows:

2-18    1.  If the governor has created a committee on employment of persons

2-19  with disabilities, the committee shall establish a program to encourage

2-20  and facilitate purchases by agencies of commodities and services from

2-21  organizations.

2-22    2.  The program may include:

2-23    (a) A method for assisting an agency that wishes to purchase

2-24  commodities or services from an organization to locate such commodities

2-25  and services that meet the needs of the agency;

2-26    (b) A method for assisting an organization to locate an agency that

2-27  wishes to purchase commodities or services from organizations;

2-28    (c) A method for encouraging agencies to purchase commodities and

2-29  services from organizations;

2-30    (d) A method to review objections to an award of a contract to an

2-31  organization, which method must be limited to a review of the process

2-32  used for awarding the contract to ensure that the appropriate procedures

2-33  were followed in awarding the contract;

2-34    (e) The establishment of a percentage, not to exceed 4 percent, of the

2-35  full amount of payment to an organization which is awarded a contract

2-36  for all commodities and services to be provided to the agency pursuant to

2-37  the contract that is sufficient to pay the cost to the committee of

2-38  establishing and administering the program; and

2-39    (f) A method for collecting information from an agency in a report to

2-40  the committee, which report may include, without limitation:

2-41      (1) The number of persons currently employed at the agency who

2-42  are mentally or physically disabled; and

2-43      (2) The number of contracts the agency has entered into pursuant

2-44  to the program which are currently in effect and a list of the

2-45  organizations with which the agency has entered such contracts.

2-46    3.  In administering the program, the committee on employment of

2-47  persons with disabilities shall, upon request of an agency or

2-48  organization, assist the agency or organization in establishing a contract

2-49  for the purchase of commodities or services.

3-1    4.  A contract entered into pursuant to the program must provide for

3-2  a payment to the committee in an amount equal to the full amount of

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

3-4  provided to the agency pursuant to the contract multiplied by the

3-5  percentage established pursuant to paragraph (e) of subsection 2.

3-6    5.  As used in this section:

3-7    (a) “Agency” means a local government as defined in NRS 332.015

3-8  and using agencies as defined in NRS 333.020.

3-9    (b) “Organization” means an organization whose primary purpose is

3-10  the training and employment of mentally or physically disabled persons,

3-11  including, without limitation, community-based training centers for the

3-12  care and training of mentally and functionally retarded persons

3-13  described in chapter 435 of NRS.

3-14    Sec. 4.  This act becomes effective on July 1, 2001.

 

3-15  H