SB301A - Revises provisions governing public works. (BDR 28-967)

EXEMPT (Reprinted with amendments adopted on June 5, 2023) THIRD REPRINT S.B. 301 - *SB301_R3* SENATE BILL NO. 301–SENATORS LANGE, DONATE, SPEARMAN; DALY, FLORES, D. HARRIS, NEAL, NGUYEN, OHRENSCHALL, PAZINA AND SCHEIBLE MARCH 16, 2023 ____________ JOINT SPONSOR: ASSEMBLYWOMAN GORELOW ____________ 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. ~ 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 – 2 – - *SB301_R3* 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 – 3 – - *SB301_R3* 3. Sections 1 and 2 of this act become effective on July 1, 1 2025. 2 H