Referred to Committee on Human Resources and Facilities
SUMMARY--Requires accessible toilet facility in area leased by public body. (BDR 40-295)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to public bodies; requiring each public body which leases an area used to provide a service to the public to provide a toilet facility within that area which is accessible to a person with a disability; requiring the attorney general to enforce this requirement; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 As used in this section and sections 3 and 4 of this act, unless the context otherwise requires, "public body" means a governmental body of the State of Nevada, including, without limitation, an agency, department, division or political subdivision of the State of Nevada, or a local governmental body, including, without limitation, a county, city, municipality, township, school district or quasi-municipal corporation.
Sec. 3 1. Each area that is leased by or on behalf of a public body and is used to provide a service to the public must have at least one toilet facility within the leased area which is accessible to a person with a disability. The public body shall make the toilet facility available for use by the public. To satisfy the requirements of this section, the toilet facility must comply with the regulations regarding accessibility of a toilet facility promulgated pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
2. A contract to lease an area that does not satisfy the requirements of subsection 1 which is entered into on or after October 1, 1997, is void and unenforceable.
Sec. 4 1. A person may report a violation of section 3 of this act to the attorney general of the State of Nevada.
2. Upon receiving a report pursuant to subsection 1, the attorney general shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such notification, the public body shall:
(a) Take any action necessary to comply with the requirements of section 3 of this act; or
(b) Present evidence to the attorney general that it is in compliance with section 3 of this act.
3. If the public body fails to comply with section 3 of this act within 30 days, the attorney general shall take such action as necessary to ensure compliance with section 3 of this act, including, without limitation, commencing proceedings in a court of competent jurisdiction.