Assembly Bill No. 664–Committee on Ways and Means

March 22, 1999

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Referred to Committee on Ways and Means

 

SUMMARY—Revises provisions governing state public works board. (BDR 28-1603)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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).

 

AN ACT relating to the state public works board; requiring the board to notify the governor if a member of the board fails to attend three successive meetings of the board; requiring the governor to replace such a member for the unexpired term of the member; requiring the board to appoint a chief financial officer for the board; prescribing his powers, duties and qualifications; requiring that at least two members of the board must have a comprehensive knowledge of the principles of administration and a working knowledge of the principles of engineering or architecture; abolishing the position of deputy for administrative, fiscal and constructional services; 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 341 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3 Sec. 2. If an appointed member of the board fails to attend three

1-4 successive meetings of the board, the board shall notify the governor of

1-5 that fact. The notice must be provided within 5 days after the third

1-6 successive meeting the member fails to attend. Upon receipt of the notice,

1-7 the governor shall appoint a person to replace the member for the

1-8 unexpired term of the member.

1-9 Sec. 3. A person who:

1-10 1. Is a full-time employee of the board; and

1-11 2. As a condition of that employment, must be a professional

1-12 engineer licensed pursuant to chapter 625 of NRS or an architect

1-13 registered pursuant to the provisions of chapter 623 of NRS,

2-1 shall not pursue any other architectural or engineering business or

2-2 occupation or be employed in any other architectural or engineering

2-3 position for profit.

2-4 Sec. 4. If the board approves an amendment to a contract for

2-5 engineering or architectural services and the amendment in the

2-6 aggregate increases the amount of the contract by more than 10 percent,

2-7 the chief financial officer shall submit a report concerning that

2-8 amendment to the interim finance committee at its next regularly

2-9 scheduled meeting held after the amendment to the contract is approved

2-10 by the board.

2-11 Sec. 5. 1. The board shall appoint a chief financial officer. The

2-12 chief financial officer is in the unclassified service of the state and serves

2-13 at the pleasure of the board. Except as otherwise provided in NRS

2-14 284.143, the chief financial officer shall devote his entire time and

2-15 attention to the business of his office and shall not pursue any other

2-16 business or occupation or hold any other office for profit.

2-17 2. The chief financial officer:

2-18 (a) Must be certified as a certified public accountant pursuant to

2-19 chapter 628 of NRS;

2-20 (b) Must have a comprehensive knowledge of the principles of

2-21 administration and a working knowledge of the principles of engineering

2-22 or architecture as determined by the board;

2-23 (c) May appoint such technical and clerical assistants as he

2-24 determines are necessary to assist him in carrying out the provisions of

2-25 subsections 3 and 4; and

2-26 (d) Shall appoint an auditor to assist him in carrying out those

2-27 provisions. The auditor is in the unclassified service of the state and

2-28 serves at the pleasure of the chief financial officer.

2-29 3. The chief financial officer shall:

2-30 (a) Review each interlocal agreement or other contract that is

2-31 executed on behalf of the board;

2-32 (b) Review any change order or other amendment to a contract

2-33 concerning time, price or material for:

2-34 (1) The construction of a public work; or

2-35 (2) Architectural or engineering services;

2-36 (c) Approve purchase orders and any other documents concerning

2-37 accounting that are required by the board to carry out its duties;

2-38 (d) Assist the manager in:

2-39 (1) Ensuring that a capital improvement project is completed in the

2-40 manner approved by the legislature; and

2-41 (2) Representing the board before the interim finance committee

2-42 pursuant to subsection 1 of NRS 341.145; and

3-1 (e) On or before January 1, April 1, July 1 and October 1 of each

3-2 year, submit a written report to the board and the interim finance

3-3 committee specifying the amount expended for each public works project

3-4 that is supervised by the board pursuant to the provisions of this chapter.

3-5 4. If a contractor is awarded a contract for new construction or

3-6 major repairs pursuant to the provisions of subsection 3 of NRS 341.145,

3-7 the chief financial officer may conduct an audit of the books, papers and

3-8 other records of that contractor to ensure that he is complying with the

3-9 provisions of the contract.

3-10 Sec. 6. NRS 341.020 is hereby amended to read as follows:

3-11 341.020 1. The state public works board, consisting of the director of

3-12 the department of administration and six members [to be] appointed by the

3-13 governor, is hereby created within the department of administration.

3-14 2. At least two members of the board appointed pursuant to

3-15 subsection 1 must have a comprehensive knowledge of the principles of

3-16 administration and a working knowledge of the principles of engineering

3-17 or architecture.

3-18 Sec. 7. NRS 341.100 is hereby amended to read as follows:

3-19 341.100 1. The board may appoint a manager. The manager, with

3-20 the approval of the board, may appoint a deputy for professional services .

3-21 [and a deputy for administrative, fiscal and constructional services.] In

3-22 addition, the manager may appoint such other technical and clerical

3-23 assistants as may be necessary to carry [into effect] out the provisions of

3-24 this chapter.

3-25 2. The manager and [his deputies] the deputy for professional services

3-26 are in the unclassified service of the state. Except as otherwise provided in

3-27 NRS 284.143, the manager and [each] the deputy shall each devote his

3-28 entire time and attention to the business of his office and shall not pursue

3-29 any other business or occupation or hold any other office [of] for profit.

3-30 3. The manager and [his] the deputy for professional services must

3-31 each be a [licensed] professional engineer licensed pursuant to the

3-32 provisions of chapter 625 of NRS or an architect registered pursuant to the

3-33 provisions of chapter 623 of NRS. [The deputy manager for administrative,

3-34 fiscal and constructional services must have a comprehensive knowledge

3-35 of principles of administration and a working knowledge of principles of

3-36 engineering or architecture as determined by the board.]

3-37 4. The manager shall:

3-38 (a) Serve as the secretary of the board.

3-39 (b) Manage the daily affairs of the board.

3-40 (c) Represent the board before the legislature.

3-41 (d) Prepare and submit to the board, for its approval, the recommended

3-42 priority for proposed capital improvement projects and provide the board

3-43 with an estimate of the cost of each project.

4-1 (e) Make recommendations to the board for the selection of architects,

4-2 engineers and contractors.

4-3 (f) Make recommendations to the board concerning the acceptance of

4-4 completed projects.

4-5 (g) Advise the board and the legislature, or the interim finance

4-6 committee if the legislature is not in session, on a monthly basis of the

4-7 progress of all public works projects which are a part of the approved

4-8 capital improvement program.

4-9 Sec. 8. NRS 341.145 is hereby amended to read as follows:

4-10 341.145 The board:

4-11 1. [After consulting with the interim finance committee, has] Except

4-12 as otherwise provided in this subsection, has final authority [for approval

4-13 as] to approve the architecture of all buildings, plans, designs, types of

4-14 construction, major repairs and designs of landscaping. Before bids are

4-15 solicited for a contract for new construction or major repairs pursuant to

4-16 subsection 3, the interim finance committee must approve the design for

4-17 the new construction or major repair.

4-18 2. Shall determine whether any rebates are available from a public

4-19 utility for installing devices in any state building which are designed to

4-20 decrease the use of energy in the building. If such a rebate is available, the

4-21 board shall apply for the rebate.

4-22 3. Shall solicit bids for and let all contracts for new construction or

4-23 major repairs.

4-24 4. May negotiate with the lowest responsible bidder on any contract to

4-25 obtain a revised bid if:

4-26 (a) The bid is less than the appropriation made by the legislature for that

4-27 building project; and

4-28 (b) The bid does not exceed the relevant budget item for that building

4-29 project as established by the board by more than 10 percent.

4-30 5. May reject any or all bids.

4-31 6. After the contract is let, shall supervise and inspect construction and

4-32 major repairs. The cost of supervision and inspection must be financed

4-33 from the capital construction program approved by the legislature.

4-34 7. May authorize change orders, before or during construction:

4-35 (a) In any amount, [where] if the change represents a reduction in the

4-36 awarded contract price.

4-37 (b) Not to exceed in the aggregate 10 percent of the total awarded

4-38 contract price, [where] if the change represents an increase in that price.

4-39 8. Has final authority to accept each building as completed or to

4-40 require necessary alterations to conform to the contract, and to file the

4-41 notice of completion.

5-1 Sec. 9. Notwithstanding the provisions of NRS 341.020, each member

5-2 of the state public works board continues to serve on the board until the

5-3 expiration of his term.

5-4 Sec. 10. This act becomes effective on July 1, 1999.

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