- 82nd Session (2023)
Senate Bill No. 299–Senators Flores, Daly, Hansen, Cannizzaro,
Spearman; Donate, Dondero Loop, D. Harris, Lange, Neal,
Nguyen, Ohrenschall, Pazina and Scheible
Joint Sponsors: Assemblymen Torres, D’Silva;
Dickman and Watts
CHAPTER..........
AN ACT relating to public works; eliminating certain exemptions
from prevailing wage requirements relating to railroad
companies or monorails; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires that every contract to which a public body is a party that
requires the employment of certain workers to perform the public work must
require that such workers be paid at least the wages prevailing for the type of work
that the worker performs in the region in which the public work is performed. (NRS
338.020) Existing law exempts from the requirements to pay the prevailing wage
any work, construction, alteration, repair or other employment performed,
undertaken or carried out, by or for any railroad company or any person operating
the same, regardless of whether a public body is party to the contract. (NRS
338.080) Section 1 of this bill removes this exemption, and as a result, any such
activity or employment may be subject to the prevailing wage requirements.
Existing law also exempts the work of or incident to the installation and
operation of a monorail from the prevailing wage requirements. (NRS 705.690)
Section 2 of this bill removes this exemption, and as a result, the work of or
incident to the installation and operation of a monorail may be subject to the
prevailing wage requirements.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.080 is hereby amended to read as follows:
338.080 Except as otherwise provided in NRS 408.55086,
none of the provisions of NRS 338.020 to 338.090, inclusive, apply
to:
1. [Any work, construction, alteration, repair or other
employment performed, undertaken or carried out, by or for any
railroad company or any person operating the same, whether such
work, construction, alteration or repair is incident to or in
conjunction with a contract to which a public body is a party, or
otherwise.
2.] Apprentices recorded under the provisions of chapter 610 of
NRS.
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- 82nd Session (2023)
[3.] 2. Any contract for a public work whose estimated cost is
less than $100,000. A unit of the project must not be separated from
the total project, even if that unit is to be completed at a later time,
in order to lower the estimated cost of the project below $100,000.
Sec. 2. NRS 705.690 is hereby amended to read as follows:
705.690 1. [The work of or incident to the installation and
operation of a monorail is not a public work within the meaning of
chapter 338 of NRS.
2.] A monorail is not a public utility within the meaning of
chapter 704 of NRS.
[3.] 2. The Department of Transportation, the county in which
a monorail is located or proposed to be located and a city within that
county may exercise a power it holds related to transportation to
facilitate the installation and operation of a monorail, and may
contribute to or assist in the financing of the monorail.
Sec. 3. The amendatory provisions of this act do not apply to
any contract entered into before October 1, 2023.
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