EXEMPT
(Reprinted with amendments adopted on June 5, 2023)
THIRD REPRINT S.B. 301
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SENATE BILL NO. 301–SENATORS LANGE, DONATE, SPEARMAN;
DALY, FLORES, D. HARRIS, NEAL, NGUYEN,
OHRENSCHALL, PAZINA AND SCHEIBLE
MARCH 16, 2023
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JOINT SPONSOR: ASSEMBLYWOMAN GORELOW
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing public works.
(BDR 28-967)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public works; revising provisions governing the
circumstances under which a worker is deemed to be
employed on a public work; making an appropriation; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires that mechanics and workers employed on certain public 1
works be paid, at minimum, the prevailing wage for the type of work that the 2
mechanic or worker performs in the region in which the public work is located. 3
(NRS 338.020) With certain exceptions, existing law deems a worker to be 4
employed on a public work if the worker is: (1) employed at the site of a public 5
work; and (2) necessary in the execution of the contract for the public work. (NRS 6
338.040) Section 1 of this bill provides that a worker who is: (1) employed by 7
delivering or removing construction material or structures to or from the site of a 8
public work; and (2) necessary in the execution of the contract for the public work 9
is also deemed to be employed on the public work for purposes of the payment of 10
prevailing wages. Section 1 further defines “construction material or structures” to 11
mean aggregate, asphalt and concrete. 12
Section 1.3 of this bill makes an appropriation to the Office of the Labor 13
Commissioner in the Department of Business and Industry for personnel, operating, 14
travel and information services costs for compliance and enforcement duties related 15
to the provisions of this bill. 16
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.040 is hereby amended to read as follows: 1
338.040 1. Except as otherwise provided by specific statute, 2
workers who are: 3
(a) Employed at the site of a public work [;] or employed by 4
delivering or removing construction material or structures to or 5
from the site of a public work; and 6
(b) Necessary in the execution of the contract for the public 7
work, 8
are deemed to be employed on public works. 9
2. The Labor Commissioner shall adopt regulations to define 10
the circumstances under which a worker is: 11
(a) Employed at the site of a public work [;] or employed by 12
delivering or removing construction material or structures to or 13
from the site of a public work; and 14
(b) Necessary in the execution of the contract for the public 15
work. 16
3. For the purposes of this section, “construction material or 17
structures” means aggregate, asphalt and concrete. 18
Sec. 1.3. 1. There is hereby appropriated from the State 19
General Fund to the Office of the Labor Commissioner in the 20
Department of Business and Industry the sum of $144,576 for 21
personnel, operating, travel and information services costs for 22
compliance and enforcement duties related to the provisions of this 23
act. 24
2. Any remaining balance of the appropriation made by 25
subsection 1 must not be committed for expenditure after June 30, 26
2025, by the entity to which the appropriation is made or any entity 27
to which money from the appropriation is granted or otherwise 28
transferred in any manner, and any portion of the appropriated 29
money remaining must not be spent for any purpose after 30
September 19, 2025, by either the entity to which the money was 31
appropriated or the entity to which the money was subsequently 32
granted or transferred, and must be reverted to the State General 33
Fund on or before September 19, 2025. 34
Sec. 2. Any regulations adopted by the Labor Commissioner 35
that conflict with NRS 338.040, as amended by section 1 of this act, 36
are void. The Legislative Counsel shall remove those regulations 37
from the Nevada Administrative Code as soon as practicable after 38
the date on which this section becomes effective. 39
Sec. 3. 1. This section becomes effective upon passage and 40
approval. 41
2. Section 1.3 of this act becomes effective on July 1, 2024. 42
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3. Sections 1 and 2 of this act become effective on July 1, 1
2025. 2
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