SB272A - Revises provisions relating to governmental administration. (BDR 27-876)

(Reprinted with amendments adopted on May 23, 2023) FIRST REPRINT S.B. 272 - *SB272_R1* SENATE BILL NO. 272–SENATORS SPEARMAN, DONATE, DALY; DONDERO LOOP, D. HARRIS, LANGE, NGUYEN AND PAZINA MARCH 14, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to governmental administration. (BDR 27-876) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to governmental administration; requiring a state agency or local government to post certain information on its Internet website relating to certain purchasing contracts, performance contracts and contracts for public works; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes, under certain circumstances, a state agency or local 1 government to enter into certain purchasing contracts, performance contracts and 2 contracts for public works. (Chapters 332, 333, 333A and 338 of NRS) Sections 1- 3 4 of this bill require each state agency or local government to, on or before 4 September 1 of each year, post in a conspicuous place on its Internet website: (1) 5 the total number of such contracts awarded by the state agency or local government 6 during the immediately preceding fiscal year; (2) the total dollar amount of all such 7 contracts awarded by the state agency or local government during the immediately 8 preceding fiscal year; (3) the total number of contracts awarded by the state agency 9 or local government during the immediately preceding fiscal year to minority- 10 owned businesses, women-owned businesses, LGBTQ-owned businesses and 11 veteran-owned businesses; and (4) the total dollar amount of all such contracts 12 awarded by the state agency or local government during the immediately preceding 13 fiscal year to minority-owned businesses, women-owned businesses, LGBTQ- 14 owned businesses and veteran-owned businesses. 15 – 2 – - *SB272_R1* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 332 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. On or before September 1 of each year, each local 3 government shall post in a clear and conspicuous place on the 4 Internet website maintained by the local government: 5 (a) The total number of contracts and performance contracts 6 awarded by the local government pursuant to this chapter during 7 the immediately preceding fiscal year; 8 (b) The total dollar amount of all contracts and performance 9 contracts awarded by the local government pursuant to this 10 chapter during the immediately preceding fiscal year; 11 (c) The total number of contracts and performance contracts 12 awarded by the local government pursuant to this chapter during 13 the immediately preceding fiscal year to: 14 (1) Minority-owned businesses; 15 (2) Women-owned businesses; 16 (3) LGBTQ-owned businesses; or 17 (4) Veteran-owned businesses; and 18 (d) The total dollar amount of all contracts and performance 19 contracts awarded by the local government pursuant to this 20 chapter during the immediately preceding fiscal year to: 21 (1) Minority-owned businesses; 22 (2) Women-owned businesses; 23 (3) LGBTQ-owned businesses; or 24 (4) Veteran-owned businesses. 25 2. As used in this section: 26 (a) “LGBTQ” means lesbian, gay, bisexual, transgender, 27 queer or intersex or of any other nonheterosexual or noncisgender 28 orientation or gender identity or expression. 29 (b) “LGBTQ-owned business” means a business that: 30 (1) Is owned by a natural person who identifies as LGBTQ; 31 or 32 (2) Has at least 51 percent of its ownership interest held by 33 one or more natural persons who identify as LGBTQ. 34 (c) “Minority group” means: 35 (1) A racial or ethnic minority group; or 36 (2) A group of persons with disabilities. 37 (d) “Minority-owned business” means a business that: 38 (1) Is owned by a natural person who is a member of a 39 minority group; or 40 (2) Has at least 51 percent of its ownership interest held by 41 one or more natural persons who is a member of a minority group. 42 – 3 – - *SB272_R1* (e) “Veteran-owned business” means a business that: 1 (1) Is owned by a natural person who is a veteran; or 2 (2) Has at least 51 percent of its ownership interest held by 3 one or more veterans. 4 Sec. 2. Chapter 333 of NRS is hereby amended by adding 5 thereto a new section to read as follows: 6 1. On or before September 1 of each year, each using agency 7 shall post in a clear and conspicuous place on the Internet website 8 maintained by the using agency: 9 (a) The total number of contracts awarded by the using agency 10 pursuant to this chapter during the immediately preceding fiscal 11 year; 12 (b) The total dollar amount of all contracts awarded by the 13 using agency pursuant to this chapter during the immediately 14 preceding fiscal year; 15 (c) The total number of contracts awarded by the using agency 16 pursuant to this chapter during the immediately preceding fiscal 17 year to: 18 (1) Minority-owned businesses; 19 (2) Women-owned businesses; 20 (3) LGBTQ-owned businesses; or 21 (4) Veteran-owned businesses; and 22 (d) The total dollar amount of all contracts awarded by the 23 using agency pursuant to this chapter during the immediately 24 preceding fiscal year to: 25 (1) Minority-owned businesses; 26 (2) Women-owned businesses; 27 (3) LGBTQ-owned businesses; or 28 (4) Veteran-owned businesses. 29 2. As used in this section: 30 (a) “LGBTQ” means lesbian, gay, bisexual, transgender, 31 queer or intersex or of any other nonheterosexual or noncisgender 32 orientation or gender identity or expression. 33 (b) “LGBTQ-owned business” means a business that: 34 (1) Is owned by a natural person who identifies as LGBTQ; 35 or 36 (2) Has at least 51 percent of its ownership interest held by 37 one or more natural persons who identify as LGBTQ. 38 (c) “Minority group” means: 39 (1) A racial or ethnic minority group; or 40 (2) A group of persons with disabilities. 41 (d) “Minority-owned business” means a business that: 42 (1) Is owned by a natural person who is a member of a 43 minority group; or 44 – 4 – - *SB272_R1* (2) Has at least 51 percent of its ownership interest held by 1 one or more natural persons who is a member of a minority group. 2 (e) “Veteran-owned business” means a business that: 3 (1) Is owned by a natural person who is a veteran; or 4 (2) Has at least 51 percent of its ownership interest held by 5 one or more veterans. 6 Sec. 3. Chapter 333A of NRS is hereby amended by adding 7 thereto a new section to read as follows: 8 1. On or before September 1 of each year, each using agency 9 shall post in a clear and conspicuous place on the Internet website 10 maintained by the using agency: 11 (a) The total number of performance contracts awarded by the 12 using agency pursuant to this chapter during the immediately 13 preceding fiscal year; 14 (b) The total dollar amount of all performance contracts 15 awarded by the using agency pursuant to this chapter during the 16 immediately preceding fiscal year; 17 (c) The total number of performance contracts awarded by the 18 using agency pursuant to this chapter during the immediately 19 preceding fiscal year to: 20 (1) Minority-owned businesses; 21 (2) Women-owned businesses; 22 (3) LGBTQ-owned businesses; or 23 (4) Veteran-owned businesses; and 24 (d) The total dollar amount of all performance contracts 25 awarded by the using agency pursuant to this chapter during the 26 immediately preceding fiscal year to: 27 (1) Minority-owned businesses; 28 (2) Women-owned businesses; 29 (3) LGBTQ-owned businesses; or 30 (4) Veteran-owned businesses. 31 2. As used in this section: 32 (a) “LGBTQ” means lesbian, gay, bisexual, transgender, 33 queer or intersex or of any other nonheterosexual or noncisgender 34 orientation or gender identity or expression. 35 (b) “LGBTQ-owned business” means a business that: 36 (1) Is owned by a natural person who identifies as LGBTQ; 37 or 38 (2) Has at least 51 percent of its ownership interest held by 39 one or more natural persons who identify as LGBTQ. 40 (c) “Minority group” means: 41 (1) A racial or ethnic minority group; or 42 (2) A group of persons with disabilities. 43 (d) “Minority-owned business” means a business that: 44 – 5 – - *SB272_R1* (1) Is owned by a natural person who is a member of a 1 minority group; or 2 (2) Has at least 51 percent of its ownership interest held by 3 one or more natural persons who is a member of a minority group. 4 (e) “Veteran-owned business” means a business that: 5 (1) Is owned by a natural person who is a veteran; or 6 (2) Has at least 51 percent of its ownership interest held by 7 one or more veterans. 8 Sec. 4. Chapter 338 of NRS is hereby amended by adding 9 thereto a new section to read as follows: 10 1. On or before September 1 of each year, each public body 11 shall post in a clear and conspicuous place on the Internet website 12 maintained by the public body: 13 (a) The total number of contracts for public works awarded by 14 the public body pursuant to this chapter during the immediately 15 preceding fiscal year; 16 (b) The total dollar amount of all contracts for public works 17 awarded by the public body pursuant to this chapter during the 18 immediately preceding fiscal year; 19 (c) The total number of contracts for public works awarded by 20 the public body pursuant to this chapter during the immediately 21 preceding fiscal year to: 22 (1) Minority-owned businesses; 23 (2) Women-owned businesses; 24 (3) LGBTQ-owned businesses; or 25 (4) Veteran-owned businesses; and 26 (d) The total dollar amount of all contracts for public works 27 awarded by the public body pursuant to this chapter during the 28 immediately preceding fiscal year to: 29 (1) Minority-owned businesses; 30 (2) Women-owned businesses; 31 (3) LGBTQ-owned businesses; or 32 (4) Veteran-owned businesses. 33 2. As used in this section: 34 (a) “LGBTQ” means lesbian, gay, bisexual, transgender, 35 queer or intersex or of any other nonheterosexual or noncisgender 36 orientation or gender identity or expression. 37 (b) “LGBTQ-owned business” means a business that: 38 (1) Is owned by a natural person who identifies as LGBTQ; 39 or 40 (2) Has at least 51 percent of its ownership interest held by 41 one or more natural persons who identify as LGBTQ. 42 (c) “Minority group” means: 43 (1) A racial or ethnic minority group; or 44 (2) A group of persons with disabilities. 45 – 6 – - *SB272_R1* (d) “Minority-owned business” means a business that: 1 (1) Is owned by a natural person who is a member of a 2 minority group; or 3 (2) Has at least 51 percent of its ownership interest held by 4 one or more natural persons who is a member of a minority group. 5 (e) “Veteran-owned business” means a business that: 6 (1) Is owned by a natural person who is a veteran; or 7 (2) Has at least 51 percent of its ownership interest held by 8 one or more veterans. 9 Sec. 5. This act becomes effective on July 1, 2024. 10 H