EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 338.180 is hereby amended to read as follows:

1-2 338.180 1. The legislature of the State of Nevada declares that:

2-1 3. All plans and specifications for the construction of public buildings

2-2 and facilities by the state or by a political subdivision, district, authority,

2-3 board or public corporation or entity of the state after July 1, 1973, must

2-4 provide facilities and features for the physically handicapped so that

2-5 buildings which are normally used by the public are constructed with

2-6 entrance ramps, toilet facilities, drinking fountains, doors and public

2-7 telephones accessible to and usable by the physically handicapped. Such

2-8 plans and specifications must be submitted before the commencement of

2-9 construction to the state public works board for review by an expert in

2-10 accessible design. Upon receipt of the plans and specifications, the expert

2-11 shall review the plans and specifications to determine whether they

2-12 comply with the applicable requirements of the Fair Housing Act, 42

2-13 U.S.C. §§ 3601 et seq., the Americans with Disabilities Act of 1990, 42

2-14 U.S.C. §§ 12101 et seq. and the Minimum Guidelines and Requirements

2-15 for Accessible Design, 36 C.F.R. §§ 1190.1 et seq. If the plans and

2-16 specifications comply with the federal requirements, the expert shall

2-17 notify the state public works board of that compliance and provide his

2-18 written approval for the project to commence. The expert may physically

2-19 inspect the project during and after construction to ensure actual

2-20 compliance with the Fair Housing Act, the Americans with Disabilities

2-21 Act of 1990 and the Minimum Guidelines and Requirements for

2-22 Accessible Design. The state public works board may impose a

2-23 reasonable fee to cover the costs of the expert in reviewing plans and

2-24 specifications and conducting any necessary physical inspections of a

2-25 project.

2-26 4. All buildings and facilities must conform with the applicable

2-27 requirements of the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., the

2-28 Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. and

2-29 the Minimum [Federal] Guidelines and Requirements for Accessible

2-30 Design, [as issued by the United States Architectural and Transportation

2-31 Barriers Compliance Board in the Federal Register of January 16, 1981.]

2-32 36 C.F.R. §§ 1190.1 et seq.

2-33 Sec. 2. NRS 341.161 is hereby amended to read as follows:

2-34 341.161 1. The board may, with the approval of the interim finance

3-1 2. The board shall adopt regulations establishing procedures for:

3-2 (a) The determination of the qualifications of contractors to bid for

3-3 contracts for services described in subsection 1.

3-4 (b) The bidding and awarding of such contracts, subject to the

3-5 provisions of subsection 3.

3-6 (c) The awarding of construction contracts, subject to the provisions of

3-7 subsection 4, based on a final cost of the project which the contractor

3-8 guarantees will not be exceeded.

3-9 (d) The scheduling and controlling of projects.

3-10 3. Bids on contracts for services which assist the architect in the design

3-11 of a project of capital improvement must state separately the contractor’s

3-12 cost for:

3-13 (a) Assisting the architect in the design of the project.

3-14 (b) Obtaining all bids for subcontracts.

3-15 (c) Administering the construction contract.

3-16 4. A contractor who is:

3-17 (a) Qualified under the regulations of the board to bid for a contract for

3-18 services described in subsection 1; and

3-19 (b) Awarded that contract,

3-20 is entitled to be awarded the construction contract for the project if his

3-21 work under the contract for services is satisfactory to the board and he

3-22 guarantees a final cost for the project which the board is willing to accept.

3-23 5. A person who furnishes services under a contract awarded pursuant

3-24 to subsection 1 is a contractor subject to all provisions pertaining to a

3-25 contractor in Title 28 of NRS.

3-26 6. As used in this section, "eligible bidder" means a person whom, in

3-27 the judgment of the board, is a responsible contractor.

3-28 Sec. 3. NRS 341.171 is hereby amended to read as follows:

3-29 341.171 1. The board may, with the approval of the interim finance

3-42 ceases to exist, before adopting procedures under this paragraph.

4-1 (b) The board’s approval of designs and architects employed in a

4-2 project.

4-3 (c) The bidding and awarding of contracts for the design and

4-4 construction of projects based on a final cost of the project which the

4-5 contractor guarantees will not be exceeded.

4-6 (d) The scheduling and controlling of projects.

4-7 3. As used in this section, "eligible bidder" means a person whom, in

4-8 the judgment of the board, is a responsible contractor.

4-9 Sec. 4. NRS 393.110 is hereby amended to read as follows:

4-10 393.110 1. Except as otherwise provided in subsection 2:

4-43 accessible design who is certified by the state public works board

5-1 pursuant to NRS 338.180. The expert shall review the plans, designs and

5-2 specifications to determine whether they comply with the applicable

5-3 requirements of the Americans with Disabilities Act of 1990, 42 U.S.C.

5-4 Accessible Design, 36 C.F.R. §§ 1190.1 et seq. If the plans, designs and

5-5 specifications comply with the federal requirements, the expert shall

5-6 notify the state public works board of that compliance and provide his

5-7 written approval for the project to commence. The expert may physically

5-8 inspect the project during and after construction to ensure actual

5-9 compliance with the Americans with Disabilities Act of 1990 and the

5-10 Minimum Guidelines and Requirements for Accessible Design. The state

5-11 public works board is authorized to charge and collect, and the board of

5-12 trustees is authorized to pay, a reasonable fee for the payment of any costs

5-13 incurred by the state public works board in securing the approval of an

5-14 expert in accessible design and qualified architects or engineers of the

5-15 plans, designs and specifications submitted by the board of trustees in

5-16 compliance with the provisions of this paragraph.

5-17 [The state public works board shall ensure that all plans, designs and

5-18 specifications that it reviews pursuant to this section comply with all

5-19 applicable requirements of the Americans with Disabilities Act of 1990 (42

5-20 U.S.C. §§ 12101 to 12213, inclusive).]

5-21 2. Upon the request of a board of trustees of a school district, or its

5-22 designated representative, the state public works board may waive the

5-23 requirements specified in subsection 1 and delegate its powers and duties

5-24 thereunder to the district.

5-25 3. If the state public works board waives the requirements of

5-26 subsection 1 and delegates its powers and duties thereunder to a school

5-27 district, the school district shall submit a copy of its final plans, designs

5-28 and specifications for any project to which that section applies to the

5-29 building and planning department of the appropriate city or county before

5-30 completion of the project.

5-31 4. No contract for any of the purposes specified in subsection 1 made

5-32 by a board of trustees of a school district contrary to the provisions of this

5-33 section is valid, nor [shall] may any public money be paid for erecting,

5-34 adding to or altering any school building in contravention of this section.