SB 231 — Revises provisions relating to certain construction. (BDR 28-910)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2019) FIRST REPRINT S.B.

231231–Senators SBrooks, ENATECannizzaro, BILLParks; N O.

231–SENATORSCancela, BROOKSDenis, ,D. CANNIZZARO , PARKS ;

CHarris, ANCELAOhrenschall, ,Ratti, DScheible ENIS,and D.Woodhouse CHAPTER..........

H ARRIS , O HRENSCHALL , R ATTI , SCHEIBLE AND W OODHOUSE FEBRUARY 19, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to certain construction.

(BDR 28-910) 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.

Existing law requires a contractor and each subcontractor engaged on a public work in this State to keep or cause to be kept certain records about the workers who are employed by the contractor or subcontractor in connection with the publicerspublic who work, including, the name, occupation and wages of each worker.

Existing law also requires the contractor or subcontractor to provide such records monthly to the public body that awarded the contract.

(NRS 338.070) Section 2.5 of this billbillhe requires the Labor Commissioner to adopt regulations authorizing a contractor or subcontractor to file the copies of such records with the public body electronically andExistingand law,prescribing withthe certainprocess exceptions, prohibits a public body, in any solicitation, contract or other document related to ado contractso. for a public work, from:

(1)Existing requiringlaw, orwith prohibitingcertain aexceptions, bidder,prohibits contractora orpublic subcontractorbody, fromin entering into or adhering to any agreementsolicitation, withcontract one or moreother labordocument organizationsrelated into regarda tocontract thefor a public work;work, from:

or(1) (2)requiring discriminatingor againstprohibiting a bidder, contractor or subcontractor forfrom enteringregard or not entering into, or adhering or refusing to adherethe to, Existing law further prohibits a public body,work; with certain exceptions, fromwork.

-or *SB231_R1*(2) –discriminating 2against – awarding a grant,bidder, taxcontractor abatement,orin taxsubcontractor creditfor entering or taxnot exemptionentering thatinto, isor conditionedadhering uponor arefusing requirementto thatadhere theto, awardeeany includeagreement inwith aone contractor formore alabor projectorganizations thatin isregard theto subject of the grant,public taxwork. abatement, tax credit or tax exemption a term that:

(1)Existing requireslaw orfurther prohibits a bidder,public contractorbody, orwith subcontractorcertain exceptions, from enteringawarding intoa orgrant, adheringtax toabatement, anytax agreementcredit withor onetax orexemption morethat laboris organizationsconditioned inupon regarda torequirement that the enteringawardee orinclude notin enteringa into,contract orfor adheringa orproject refusingthat tois adherethe to,subject anyof agreementthe withgrant, onetax orabatement, moretax laborcredit organizationsor intax regardexemption toa theterm project.that:

(1) adhering to any agreement with one or more labor organizations in regard to theor project;

or (2) discriminates against a bidder, contractor or subcontractor for entering or not entering into, or adhering or refusing to adhere to, any agreement with one or more labor organizations in regard to the project.

EXPLANATION – Matter in bolded italics is new;

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

SectionSections 1.1 and 2.

(Deleted by amendment.) - 80th Session (2019) – 2 – Sec.

2.

(Deleted by amendment.) Sec.

(a) Investigate possible violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract, and determine whether a violation has been committed and inform the Labor Commissioner of any such has violations;

(1) Whether the worker wishes to specify voluntarily his or her gender;

andandher the worker wishes to specify voluntarily his or (2) Whether the worker wishes to specify voluntarily his or her ethnicity;

and - *SB231_R1* – 3 – (b) For each response the contractor or subcontractor receives pursuant to paragraph (a):

Before inquiring as to whether a worker wishes to specify voluntarily his or her gender or ethnicity, the- applicable80th contractorSession or(2019) subcontractor– must3 inform– the worker that such information, if provided, will be open to public inspection as set forth in subsection 6.

(3) The gender of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such 4, or an information;

(4) The ethnicity of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such information;informa(5) If the worker has a driver’s license or identification card, an indication of the state or other jurisdiction that issued the license or card;

(5) If the worker has a driver’s license or identification card, an indication of the state or other jurisdiction that issued the license or card;

The records maintained pursuant to subsection 5 must be open at all reasonable hours to the inspection of the public body -subcontractor *SB231_R1*engaged –on 4the –public work shall ensure that a copy of each record for each calendar month is received by the public body awarding the contract.contract no later than 15 days after the end of the month.

The contractor engaged on the public work or subcontractor engaged on the public work shall ensure that a copy of each record for each calendar month is received by the public body awarding the contract no later than 15 days after the end of the month.

The records in the possession of the public body - 80th Session (2019) – 4 – awarding the contract may be discarded by the public body 2 years after final payment is made by the public body for the public work.

(a) The subcontractor provided to the contractor, for submission to the public body by the contractor, a copy of the record not later than the later of:

by the contractor, a copy of the record not later (1) Ten days after the end of the month;