218A.970 - Legislator prohibited from entering into or being interested in certain contracts; exceptions.

218A.970  Legislator prohibited from entering into or being interested in certain contracts; exceptions.

      1.  Except as otherwise provided in subsection 2, it is unlawful for any member of the Legislature to:

      (a) Become a named contractor or named subcontractor under any contract or order for supplies or any other kind of contract paid for in whole or in part by money appropriated by the Legislature of which that Legislator is a member for the State or any of its departments, or the Legislature or either of its Houses, or to be interested, directly or indirectly, as principal, in any kind of contract so paid.

      (b) Be interested in any contract made by the Legislature of which that Legislator is a member, or be a purchaser or interested in any purchase or sale made by the Legislature of which that Legislator is a member.

      2.  Any member of the Legislature may:

      (a) Sell or enter into a contract to sell, to the State or any of its departments any item, commodity, service or capital improvement, if:

             (1) The sources of supply for the item, commodity, service or capital improvement are limited;

             (2) The contracting process is controlled by rules of open competitive bidding;

             (3) The Legislator has not taken part in developing the plans or specifications for the sale or contract; and

             (4) The Legislator will not be personally involved in opening, considering or accepting any bids for the sale or contract.

      (b) If the Legislator is not named in a contract, receive, as direct salary or wages, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the Legislator.

      (c) Receive, for services as an instructor or teacher from any county school district or the Nevada System of Higher Education, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the Legislator.

      3.  Any contract made in violation of subsection 1 may be declared void at the instance of the State or of any other person interested in the contract except the member of the Legislature prohibited in subsection 1 from making or being interested in the contract.

      4.  Any person violating subsection 1 is guilty of a gross misdemeanor and forfeits the person’s office.

      (Added to NRS by 1977, 1110; A 1987, 455, 2098; 1993, 366; 1995, 823)—(Substituted in revision for NRS 218.605)