AB303 - Revises provisions governing public works. (BDR 28-866)

(Reprinted with amendments adopted on April 18, 2025) FIRST REPRINT A.B. 303 - *AB303_R1* ASSEMBLY BILL NO. 303–ASSEMBLYMEMBERS KARRIS; AND JACKSON FEBRUARY 27, 2025 ____________ JOINT SPONSOR: SENATOR HANSEN ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing public works. (BDR 28-866) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public works; requiring a contractor or subcontractor engaged on certain public works that are projects for the development, deployment or improvement of broadband, telecommunication or fiber optic services to submit certain records to the Board of Directors of the Nevada State Infrastructure Bank; specifying that the provisions governing public works do not apply to certain contracts; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth various requirements for public works, including, 1 without limitation, requirements for: (1) procedures for the awarding of contracts 2 by a public body; (2) the prevailing wage to be paid to certain workers employed in 3 connection with the public work; (3) the retention of records relating to workers 4 employed in connection with the public work and the wages and benefits paid to 5 such workers; and (4) a contractor on a public work to establish certain fair 6 employment practices. (Chapter 338 of NRS) 7 Section 2 of this bill provides that the provisions of existing law governing 8 public works do not apply to any contract awarded for the development, 9 deployment or improvement of privately owned broadband, telecommunication or 10 fiber optic services. 11 Existing law requires a contractor or subcontractor engaged on a public work to 12 maintain certain records concerning workers employed by the contractor or 13 subcontractor in connection with the public work and the wages and benefits paid 14 – 2 – - *AB303_R1* to such workers. Existing law requires a contractor or subcontractor to ensure that a 15 copy of each such record for each calendar month is received by the public body 16 awarding the contract not later than 15 days after the end of each month. (NRS 17 338.070) Section 1 of this bill requires a contractor or subcontractor engaged on a 18 public work that is a project for the development, deployment or improvement of 19 broadband, telecommunication or fiber optic services who submits to the public 20 body awarding the contract a copy of such a record to simultaneously submit a 21 copy of the record to the Board of Directors of the Nevada State Infrastructure 22 Bank. 23 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 338 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 A contractor or subcontractor engaged on a public work that is 3 a project for the development, deployment or improvement of 4 broadband, telecommunication or fiber optic services who, 5 pursuant to subsection 6 of NRS 338.070, submits to the public 6 body awarding the contract a copy of a record required pursuant 7 to subsection 5 of NRS 338.070 shall simultaneously submit a 8 copy of the record to the Board of Directors of the Nevada State 9 Infrastructure Bank. 10 Sec. 2. NRS 338.011 is hereby amended to read as follows: 11 338.011 The requirements of this chapter do not apply to a 12 contract: 13 1. Awarded in compliance with chapter 332 or 333 of NRS 14 which is directly related to the normal operation of the public body 15 or the normal maintenance of its property. 16 2. Awarded to meet an emergency which results from a natural 17 or artificially created disaster and which threatens the health, safety 18 or welfare of the public. If the public body or its authorized 19 representative determines that an emergency exists, a contract or 20 contracts necessary to contend with the emergency may be let 21 without complying with the requirements of this chapter. If such 22 emergency action was taken by the authorized representative, the 23 authorized representative shall report the contract or contracts to the 24 public body at the next regularly scheduled meeting of the public 25 body. 26 3. Awarded for the development, deployment or improvement 27 of privately owned broadband, telecommunication or fiber optic 28 services. 29 H