Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB143 R1 (§§ 1, 2, 9-12, 15, 16, 20).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by adding a new section designated sec. 18.5, following sec. 18, to read as follows:
“Sec. 18.5. NRS 338.016 is hereby amended to read as follows:
338.016 1. If, after an opportunity for a hearing, an administrative penalty is imposed against a contractor on a public work for the commission of an offense:
(a) An eligible bidder, or any person who entered into a contract with the eligible bidder before bids for the contract for the public work were let, may commence a civil action against the contractor to recover damages suffered as a proximate result of the eligible bidder not being awarded the contract for the public work.
(b) There is a rebuttable presumption that the contractor was awarded the contract for the public work because his bid on the contract was based, in part, on his intent to commit the offense and, as a result, was lower than it otherwise would have been.
2. The court may award costs and reasonable attorney’s fees to the prevailing party in any action brought pursuant to this section.”.
Amend sec. 19, page 10, line 32, after “after” by inserting:
“an opportunity for”.
Amend the bill as a whole by adding a new section designated sec. 19.5, following sec. 19, to read as follows:
“Sec. 19.5. NRS 338.515 is hereby amended to read as follows:
338.515 1. Except as otherwise provided in NRS 338.525, a public body and its officers or agents awarding a contract for a public work shall pay or cause to be paid to a contractor the progress payments due under the contract within 30 days after the date the public body receives the progress bill or within a shorter period if the provisions of the contract so provide. Not more than 90 percent of the amount of any progress payment may be paid until 50 percent of the work required by the contract has been performed. Thereafter the public body may pay any of the remaining progress payments without withholding additional retainage if, in the opinion of the public body, satisfactory progress is being made in the work.
2. Except as otherwise provided in NRS 338.525, a public body shall identify in the contract and pay or cause to be paid to a contractor the actual cost of the supplies, materials and equipment that:
(a) Are identified in the contract;
(b) Have been delivered and stored at a location, and in the time and manner, specified in a contract by the contractor or a subcontractor or supplier for use in the construction, repair or reconstruction of the public work; and
(c) Are in short supply or were specially made for the public work,
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within 30 days after the public body receives a progress bill
from the contractor for those supplies, materials or equipment.
3. A public body shall pay or cause to be paid to the contractor at the end of each quarter interest for the quarter on any amount withheld by the public body pursuant to NRS 338.400 to 338.645, inclusive, at a rate equal to the rate quoted by at least three financial institutions as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter. If the amount due to a contractor pursuant to this subsection for any quarter is less than $500, the public body may hold the interest until:
(a) The end of a subsequent quarter after which the amount of interest due is $500 or more;
(b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or
(c) The amount withheld under the contract is due pursuant to NRS 338.520,
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whichever occurs first.
4. If the Labor Commissioner has reason to believe that [an employee has a valid and enforceable claim for wages against] a workman is owed wages by a contractor, he may require the public body to withhold from any payment due the contractor under this section and pay the Labor Commissioner instead, an amount equal to the amount [claimed by the employee.] the Labor Commissioner believes the contractor owes to the workman. This amount must be paid to the [employee] workman if the [claim] matter is resolved in his favor, otherwise it must be returned to the public body for payment to the contractor.”.