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
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 thereto1-2
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 three1-4
successive meetings of the board, the board shall notify the governor of1-5
that fact. The notice must be provided within 5 days after the third1-6
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 the1-8
unexpired term of the member.1-9
Sec. 3. A person who:1-10
1. Is a full-time employee of the board; and1-11
2. As a condition of that employment, must be a professional1-12
engineer licensed pursuant to chapter 625 of NRS or an architect1-13
registered pursuant to the provisions of chapter 623 of NRS,2-1
shall not pursue any other architectural or engineering business or2-2
occupation or be employed in any other architectural or engineering2-3
position for profit.2-4
Sec. 4. If the board approves an amendment to a contract for2-5
engineering or architectural services and the amendment in the2-6
aggregate increases the amount of the contract by more than 10 percent,2-7
the chief financial officer shall submit a report concerning that2-8
amendment to the interim finance committee at its next regularly2-9
scheduled meeting held after the amendment to the contract is approved2-10
by the board.2-11
Sec. 5. 1. The board shall appoint a chief financial officer. The2-12
chief financial officer is in the unclassified service of the state and serves2-13
at the pleasure of the board. Except as otherwise provided in NRS2-14
284.143, the chief financial officer shall devote his entire time and2-15
attention to the business of his office and shall not pursue any other2-16
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 to2-19
chapter 628 of NRS;2-20
(b) Must have a comprehensive knowledge of the principles of2-21
administration and a working knowledge of the principles of engineering2-22
or architecture as determined by the board;2-23
(c) May appoint such technical and clerical assistants as he2-24
determines are necessary to assist him in carrying out the provisions of2-25
subsections 3 and 4; and2-26
(d) Shall appoint an auditor to assist him in carrying out those2-27
provisions. The auditor is in the unclassified service of the state and2-28
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 is2-31
executed on behalf of the board;2-32
(b) Review any change order or other amendment to a contract2-33
concerning time, price or material for:2-34
(1) The construction of a public work; or2-35
(2) Architectural or engineering services;2-36
(c) Approve purchase orders and any other documents concerning2-37
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 the2-40
manner approved by the legislature; and2-41
(2) Representing the board before the interim finance committee2-42
pursuant to subsection 1 of NRS 341.145; and3-1
(e) On or before January 1, April 1, July 1 and October 1 of each3-2
year, submit a written report to the board and the interim finance3-3
committee specifying the amount expended for each public works project3-4
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 or3-6
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 and3-8
other records of that contractor to ensure that he is complying with the3-9
provisions of the contract.3-10
Sec. 6. NRS 341.020 is hereby amended to read as follows: 341.020 1. The state public works board, consisting of the director of3-12
the department of administration and six members3-13
governor, is hereby created within the department of administration.3-14
2. At least two members of the board appointed pursuant to3-15
subsection 1 must have a comprehensive knowledge of the principles of3-16
administration and a working knowledge of the principles of engineering3-17
or architecture.3-18
Sec. 7. NRS 341.100 is hereby amended to read as follows: 341.100 1. The board may appoint a manager. The manager, with3-20
the approval of the board, may appoint a deputy for professional services .3-21
3-22
addition, the manager may appoint such other technical and clerical3-23
assistants as may be necessary to carry3-24
this chapter.3-25
2. The manager and3-26
are in the unclassified service of the state. Except as otherwise provided in3-27
NRS 284.143, the manager and3-28
entire time and attention to the business of his office and shall not pursue3-29
any other business or occupation or hold any other office3-30
3. The manager and3-31
each be a3-32
provisions of chapter 625 of NRS or an architect registered pursuant to the3-33
provisions of chapter 623 of NRS.3-34
3-35
3-36
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 recommended3-42
priority for proposed capital improvement projects and provide the board3-43
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 of4-4
completed projects.4-5
(g) Advise the board and the legislature, or the interim finance4-6
committee if the legislature is not in session, on a monthly basis of the4-7
progress of all public works projects which are a part of the approved4-8
capital improvement program.4-9
Sec. 8. NRS 341.145 is hereby amended to read as follows: 341.145 The board:4-11
1.4-12
as otherwise provided in this subsection, has final authority4-13
4-14
construction, major repairs and designs of landscaping. Before bids are4-15
solicited for a contract for new construction or major repairs pursuant to4-16
subsection 3, the interim finance committee must approve the design for4-17
the new construction or major repair.4-18
2. Shall determine whether any rebates are available from a public4-19
utility for installing devices in any state building which are designed to4-20
decrease the use of energy in the building. If such a rebate is available, the4-21
board shall apply for the rebate.4-22
3. Shall solicit bids for and let all contracts for new construction or4-23
major repairs.4-24
4. May negotiate with the lowest responsible bidder on any contract to4-25
obtain a revised bid if:4-26
(a) The bid is less than the appropriation made by the legislature for that4-27
building project; and4-28
(b) The bid does not exceed the relevant budget item for that building4-29
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 and4-32
major repairs. The cost of supervision and inspection must be financed4-33
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,4-36
awarded contract price.4-37
(b) Not to exceed in the aggregate 10 percent of the total awarded4-38
contract price,4-39
8. Has final authority to accept each building as completed or to4-40
require necessary alterations to conform to the contract, and to file the4-41
notice of completion.5-1
Sec. 9. Notwithstanding the provisions of NRS 341.020, each member5-2
of the state public works board continues to serve on the board until the5-3
expiration of his term.5-4
Sec. 10. This act becomes effective on July 1, 1999.~