2001 REGULAR SESSION (71st) A SB324 136
Adoption of this amendment will MAINTAIN an unfunded mandate not requested by the affected local government to SB324 (§§ 1, 2).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, line 14, by deleting the brackets and strikethrough.
Amend section 1, page 2, line 16, by deleting:
“thereto [.] ; and” and inserting “thereto.”.
Amend section 1, page 2, by deleting lines 17 and 18.
Amend section 1, page 2, line 32, by deleting the brackets and strikethrough.
Amend section 1, page 2, line 34, by deleting:
“thereto [.] ; and” and inserting “thereto.”.
Amend section 1, page 2, by deleting lines 35 and 36.
Amend section 1, page 2, by deleting lines 41 through 44 and inserting:
“4. In each public building and facility owned by this state or a political subdivision of this state, each entrance to a corridor which leads to a toilet facility must be marked with a sign which:
(a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(b) Uses symbols, raised letters and Braille to:
(1) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(2) If the toilet facility is for the exclusive use of persons of one gender:
(I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and
(II) Provide direction to a toilet facility that may be used by persons of the other gender.”.
Amend section 1, page 2, after line 49, by inserting:
“6. A person may report a violation of this section to the attorney general.
7. Upon receiving a report pursuant to subsection 6, the attorney general shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such a notification, the public body shall:
(a) Present evidence to the attorney general that it is in compliance with this section; or
(b) Begin any action necessary to comply with the requirements of this section and notify the attorney general of the date on which it will be in compliance with those requirements.
8. If the public body responsible for the alleged violation fails to comply with this section, the attorney general shall take such action as is necessary to ensure compliance with this section, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.”.
Amend the bill as a whole by deleting sections 2 and 3 and renumbering sec. 4 as sec. 2.
Amend sec. 4, page 3, by deleting lines 44 and 45 and inserting:
“(c) If a corridor leads to the toilet facility, be marked at the entrance to the corridor with a sign which:
(1) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(2) Uses symbols, raised letters and Braille to:
(I) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(II) Indicate whether the toilet facility is for the exclusive use of persons of one gender and, if applicable, provide direction to a toilet facility that may be used by persons of the other gender.”.
Amend the bill as a whole by adding new sections designated sections 3 and 4, following sec. 4, to read as follows:
“Sec. 3. Chapter 447 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each owner, lessor, lessee or operator of a public accommodation shall mark each entrance to a corridor in the public accommodation which leads to a toilet facility with a sign which:
(a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and
(b) Uses symbols, raised letters and Braille to:
(1) Identify the toilet facility and the gender of persons who may use the toilet facility; and
(2) If the toilet facility is for the exclusive use of persons of one gender:
(I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and
(II) Provide direction to a toilet facility that may be used by persons of the other gender.
2. A person may report a violation of subsection 1 to the attorney general.
3. Upon receiving a report pursuant to subsection 2, the attorney general shall notify the owner, lessor, lessee or operator of the public accommodation of the alleged violation. Not later than 30 days after receiving such a notification, the owner, lessor, lessee or operator of the public accommodation shall:
(a) Present evidence to the attorney general that the public accommodation is in compliance with subsection 1; or
(b) Begin any action necessary to comply with the requirements of subsection 1 and notify the attorney general of the date on which the public accommodation will be in compliance with those requirements.
4. If the owner, lessor, lessee or operator of the public accommodation fails to comply with subsection 1, the attorney general shall take such action as is necessary to ensure compliance with subsection 1, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.
5. As used in this section, “public accommodation” has the meaning ascribed to it in 42 U.S.C. § 12181.
Sec. 4. NRS 447.210 is hereby amended to read as follows:
447.210 1. Every proprietor, owner, manager, lessee or other person in charge of any hotel in this state [, who shall fail] who fails to comply with [this chapter] the provisions of NRS 447.003 to 447.200, inclusive, or any of the provisions of the regulations hereby established whether through the acts of himself, his agent or employees [, shall be] is guilty of a misdemeanor.
2. Every day that any hotel [shall be kept] is in violation of any of the provisions of this chapter [, such keeping shall constitute] constitutes a separate offense.”.
Amend sec. 6, page 4, by deleting lines 7 through 9 and inserting:
“Sec. 6. This act becomes effective on January 1, 2002.”.
Amend the title of the bill to read as follows:
“AN ACT relating to visually impaired persons; requiring that toilet facilities in public buildings, certain leased areas and places of public accommodation be identified with signs which must be placed in certain locations, contain certain information and conform to certain standards; requiring the attorney general to enforce such requirements; and providing other matters properly relating thereto.”.