AB 154 — Revises provisions relating to prevailing wages. (BDR 28-747)

(ReprintedAssembly withBill amendmentsNo. adopted on May 17, 2017) FIRST REPRINT A.B.

154154–Assemblymen ABrooks, SSEMBLYSpiegel, BILLSprinkle, NO.Joiner, Daly;

154–AElliot SSEMBLYMENAnderson, BROOKSBilbray-Axelrod, ,Bustamante SPIEGEL,Adams, SPRINKLE,Cohen, OINERFrierson, ,Fumo, DALY;Jauregui, Miller, Monroe- Moreno, Neal, Swank and Thompson Joint Sponsor:

ELLIOTSenator ANDERSONAtkinson ,CHAPTER.......... BILBRAY - AXELROD , B USTAMANTE A DAMS , COHEN , F RIERSON, FUMO , JAUREGUI , M ILLER, M ONROE-M ORENO , N EAL, SWANK AND THOMPSON PREFILED FEBRUARY 13, 2017 ____________ JOINTSPONSOR :

ENATOR ATKINSON ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to prevailing wages.

(BDR 28-747) 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.

(NRS 338.030) Section 2 of this bill eliminates this exception and therefore requires school districts and the Nevada System of Higher Education to payprojects theas sameother prevailingpublic wagebodies ratesare onrequired theirto publicpay.orks works and other construction projectsEXPLANATION as– otherMatter publicin bodiesbolded areitalics requiredis tonew; pay.

matter between brackets [omitted material] is material to be omitted.

The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain - *AB154_R1* – 2 – from the Labor Commissioner the prevailing wage in the county in which the public work is to be performed for each craft or type of work.

(a)who Thehave Laborperformed Commissionerwork shall,in annually,the county.nnually, survey contractors who(b) haveBased performedon the survey conducted pursuant to paragraph (a), where the rate of wages is the same for more than 50 percent of the total hours worked by each craft or type of work in that county on construction similar to the county.proposed construction, that rate will be determined as the prevailing wage.

(b)(c) BasedWhere onno thesuch surveyrate conductedcan pursuantbe todetermined, paragraphthe (a),prevailing wherewage thefor ratea ofcraft wagesor istype theof samework forwill morebe thandetermined 50as percentthe ofaverage therate totalof hours- worked79th bySession each(2017) craft– or2 type– ofwages workpaid inper thathour countybased on constructionthe similarnumber toof thehours proposedworked construction,per thatrate, rateto willthat becraft determinedor astype theof prevailingwork. wage.

(c)[(d) WhereThe noLabor suchCommissioner rateshall candetermine be determined, the prevailing wage forto abe craft90 orpercent type of workthe willrate be determined aspursuant theto averageparagraphs rate(a), of(b(1) wagesAny paidcontract perfor houra basedpublic onwork theor numberany other construction, alteration, repair, remodeling or reconstruction of hoursan workedimprovement peror rate,property to thatwhich crafta school district or typethe Nevada System of work.Higher Education is a party;

[(d) The Labor Commissioner shall determine the prevailing wage to be 90 percent of the rate determined pursuant to paragraphs (a), (b) and (c) for:

(1) Any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a school district or the Nevada System of Higher Education is a party;

¬ The Labor Commissioner may hold only one hearing a year on the5.revNotice of the prevailinghearing wagemust ofbe anyadvertised craftin ora typenewspaper nearest to the locality of the work inonce anya county.week for 2 weeks before the time of the hearing.

- *AB154_R1* – 3 – 5.

Notice of the hearing must be advertised in a newspaper nearest to the locality of the work once a week for 2 weeks before the time of the hearing.

Nothing contained in NRS 338.020 to 338.090, inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for - 79th Session (2017) – 3 – any person employed upon any public work, or employed by any officer or agent of any public body.

Sec.Secs.

3.3 and 4.

4.

(Deleted by amendment.) Sec.

The amendatory provisions of this act do not apply to a public work or other project of construction, alteration, repair, remodeling or reconstruction of an improvement or property of aarepair, public body that is awarded before July 1, 2017.

H~~~~~ 17 - *AB154_R1*79th Session (2017)