AB 136 — Makes various changes relating to public construction. (BDR 28-145)

A.B.Assembly Bill No.

136136–Assemblymen AFrierson, SSEMBLYBenitez-Thompson, BCarlton, ILLMcCurdy, NODaly; .

136–AAssefa, SSEMBLYMENBackus, FBilbray-Axelrod, RIERSONCarrillo, ,Cohen, BENITEZDuran, -Flores, THOMPSONFumo, ,Gorelow, CJauregui, ARLTONMartinez, ,Miller, MMonroe-Moreno, CCURDYMunk, ,Neal, DNguyen, ALY;Peters, Spiegel, Swank, Thompson, Torres, Watts and Yeager CHAPTER..........

ASSEFA , BACKUS , BILBRAY -AXELROD , ARRILLO , COHEN , URAN , FLORES , UMO , GORELOW , AUREGUI , MARTINEZ , MILLER , M ONROE -M ORENO , M UNK , N EAL, N GUYEN , P ETERS , SPIEGEL , PRINKLE , SWANK , HOMPSON , TORRES , W ATTS AND Y EAGER FEBRUARY 13, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Makes various changes relating to public construction.

(BDR 28-145) 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.

LegExistingLegislative lawCounsel’s requiresDigest: that mechanics and workers employed on certain public construction projects be paid at least the wage prevailing for the type of work that the mechanic or worker performs in the county in which the public work is located.

Existing law requires that mechanics and workers employed on certain public construction projects be paid at least the wage prevailing for the type of work that the mechanic or worker performs in the county in which the public work is located.

(1) prescribes the manner in which the Labor requires the Labor Commissioner mustto determineset the prevailing wage for such aprojects project;of school districts and the Nevada System of Higher Education at 90 percent of the rate of prevailing wage determined in the county in which the project is located.

and (2) requires the Labor Commissioner to set the prevailing wage for such projects of school districts and the Nevada System of Higher Education at 90 percent of the (NRS 338.030) Section 2 of this bill eliminates the requirement to set prevailing wage for public works and other construction projects of school districts and the Nevada System of Higher Education at 90 percent of the rate of prevailing wage on other public works in the applicable county.

Under existing law, any contract for a public work whose cost is $250,000 or more, including, without limitation, any contract for construction work of thetheor Nevada System of Higher Education, is subject to the prevailing wage from such prevailing wage requirements.

(NRS 338.075, 338.080) SectionsExisting 3law andalso 4exempts ofcharter thisschools -from *AB136*such – 2 – bill lower the minimum threshold for the applicability of prevailing wage requirementsrequirements. from $250,000 to $100,000.

Section(NRS 338.080) Sections 3 and 4 alsoof subjectsthis charterbill schoolslower tothe change.vailingminimum threshold for the applicability of prevailing wage requirements.requirements from $250,000 to $100,000.

Section 14 ofalso thissubjects billcharter makesschools ato conforming Section 5 of this bill provides that the amendatoryprevailing provisionswage ofrequirements. this bill do not apply to a public work or other public construction project awarded before July 1, 2019.

Section 1 of this bill makes a conforming chanSection 5 of this bill provides that the amendatory provisions of this bill do not apply to a public work or other public construction project awarded before July 1, 2019.

EXPLANATION – Matter in bolded italics is new;

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

338.018 The provisions of NRS 338.013 to 338.018, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds [$250,000] $100,000- even80th ifSession the(2019) construction– work2 does– not qualify as a public work, as defined in subsection 17 of NRS 338.010.338.010.ualify as a public Sec.

Sec.

(c) Where no such rate can be determined, the prevailing wage for a craft or type of work will be determined as the average rate of wages paid per hour based on the number of hours worked per rate, to that craft or type of work.

and (2) A public work of, or constructed by, a school district or the Nevada System of Higher Education, or any other construction, - *AB136* – 3 – alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by a school district or the Nevada System of Higher Education.

3.] Within 30 days after the determination is issued:

- 80th Session (2019) – 3 – [4.] 3.

or (b)[3.] Receives2.Receives an objection or information pursuant to subsection [3.] 2.The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.

 The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.

338.075 The provisions of NRS 338.020 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds [$250,000] $100,000 even if the construction work does not qualify as a public work, as defined in subsection 17 of NRS 338.010.

- *AB136* – 4 – 1.

A unit of the project must not be - 80th Session (2019) – 4 – separated from the total project, even if that unit is to be completed at a later time, in order to lower the estimated cost of the project below [$250,000.

Any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a charter school is a party, notwithstanding any other provision of law.

H~~~~~ 19 - *AB136*80th Session (2019)