A.B. 22
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ASSEMBLY BILL NO. 22–COMMITTEE
ON GOVERNMENT AFFAIRS
(ON BEHALF OF THE PUBLIC EMPLOYEES’
BENEFITS PROGRAM)
PREFILED NOVEMBER 7, 2024
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to the Public Employees’
Benefits Program. (BDR 23-311)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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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 the Public Employees’ Benefits Program;
revising provisions governing the awarding of certain
contracts of the Program; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
With certain exceptions, the State Purchasing Act governs the purchasing of 1
services, supplies, materials and equipment by agencies of the Executive 2
Department of the State Government, which are known as using agencies under the 3
Act. (Chapter 333 of NRS) Unless the Administrator of the Purchasing Division of 4
the Department of Administration is responsible for administering the contract, 5
each proposal received for a request for a contract of a using agency under the Act 6
is required under existing law to be evaluated by the chief of the using agency, or a 7
committee appointed by the chief of the using agency. Under existing law, the chief 8
of the using agency or the committee, if appointed, is required to: (1) consider and 9
assign a score for each factor disclosed in the request for proposals; and (2) award 10
the contract based on the total assigned scores. (NRS 333.335) 11
Existing law also creates the Board of the Public Employees’ Benefits Program 12
and requires the Board to establish the Public Employees’ Benefits Program to 13
provide a program of group life, accident or health insurance for the benefit of state 14
officers and employees and other authorized participants. (NRS 287.041, 287.043) 15
Under existing law, the Program is subject to the provisions of the State Purchasing 16
Act and the Board is required to act as the chief of the using agency for the 17
purposes of the evaluation of proposals for and award of contracts of the Program 18
under the Act. (NRS 287.04345) Because the Board is a public body subject to the 19
Open Meeting Law, existing law addresses the compliance of the Board with the 20
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Open Meeting Law when the Board is carrying out its duty as chief of the using 21
agency, including requiring the Board to review the results of any evaluation of 22
proposals for a contract in a closed meeting and to award the contract or cancel or 23
modify and reissue the request for proposals in an open meeting. (NRS 241.015, 24
287.04345) This bill: (1) transfers the duty to act as the chief of the using agency 25
for the Program from the Board to the Executive Officer of the Program; and (2) as 26
a result of the transfer of this duty, eliminates the requirements in existing law 27
relating to the exercise of this duty by the Board under the Open Meeting Law. 28
If a committee to evaluate proposals for a contract of the Program is appointed 29
under existing law, the committee is: (1) required to consist of not less than two 30
members; and (2) authorized to include any number of the members of the Board. 31
(NRS 287.04345, 333.335) This bill requires the appointment of a minimum of one 32
member of the Board to such an evaluation committee, if established. 33
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.04345 is hereby amended to read as 1
follows: 2
287.04345 1. The Program is subject to the provisions of 3
chapter 333 of NRS. 4
2. The [Board] Executive Officer shall act as the chief of the 5
using agency for the purposes of NRS 333.335. 6
3. If a committee to evaluate proposals for a contract for the 7
Program is established pursuant to NRS 333.335 [, any number of 8
members] : 9
(a) At least one member of the Board [may] must be appointed 10
to the evaluation committee. [If one or more members of the Board 11
are appointed to an evaluation committee: 12
(a)] (b) No action or deliberation regarding any business of the 13
Board other than the confidential review of the proposals pursuant 14
to NRS 333.335 may be taken or conducted by the evaluation 15
committee. 16
[(b)] (c) Except as otherwise provided in paragraph [(a),] (b), a 17
meeting of the evaluation committee is not subject to chapter 241 of 18
NRS. 19
[4. The Board shall review the results of any evaluation of 20
proposals for a contract for the Program pursuant to NRS 333.335 in 21
a closed meeting. 22
5. The Board shall take the following actions only in an open 23
meeting: 24
(a) Award the contract pursuant to NRS 333.335; 25
(b) Cancel the request for proposals; or 26
(c) Modify and reissue the request for proposals.] 27
Sec. 2. This act becomes effective upon passage and approval. 28
H