SB 207 — Revises provisions governing apprentices. (BDR 28-740)

(ReprintedSenate withBill amendmentsNo. adopted on May 23, 2019) SECOND REPRINT S.B.

207207–Senators SBrooks, ENATEDenis, BILLCannizzaro; N O.

207–SENATORSCancela, BROOKSDondero ,Loop, DENIS,D. CANNIZZARO ;

CANCELAHarris, ,Ohrenschall, DONDEROParks, LRatti, OOPScheible, ,Spearman D.and Woodhouse Joint Sponsors:

HAssemblymen ARRIS,Carrillo, OHRENSCHALLDuran, ,Martinez PARKSand ,Smith RATTI,CHAPTER.......... CHEIBLE , SPEARMAN AND W OODHOUSE FEBRUARY 18, 2019 ____________ JOINT SPONSORS :

SSEMBLYMEN CARRILLO , D URAN , MARTINEZ AND S MITH ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing apprentices.

(BDR 28-740) 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 creates the State Apprenticeship Council and requires the Council to establish standards for programs of apprenticeship.

(NRS 610.030, 610.090,ncil610.090, 610.095) The purposes of such programs include, without limitation:

and (2) establishing an organized program for the voluntary training of those persons by providing facilities for training and guidancesets inforth the artsrequirements andfor craftsa public body which sponsors or finances a public work to award a contract to a contractor for the construction of industrythe andpublic trade.work.

(NRS 610.020) Existing law work to award a contract to a contractor for the construction of the public work.

Section 1.7 authorizes the Labor Commissioner to adjust the percentage - *SB207_R2* – 2 – of total hours of labor required to be performed by an apprentice beginning on January 1, 2021.

Section 1.7 further requires that an apprentice who graduates from an apprenticeship program while employed on a public work be otherdeemed: purposes, including, without limitation, the payment of wages.

Section(1) 1.7 also requires a contractor or subcontractor to enter into an apprenticeshipapprentice agreement for allcertain apprenticespurposes; required to be used in the construction of a public work.

THEand PEOPLE(2) OFa THEjourneyman STATEfor OFcertain NEVADA,also REPRESENTEDrequires INa SENATEcontractor ANDor ASSEMBLY,subcontractor DOto ENACTenter ASinto FOLLOWS:an apprenticeship agreement for all apprentices required to be used in the construction of a public work.

EXPLANATION – Matter in bolded italics is new;

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

- 80th Session (2019) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1.economic well-being of this State;truction is essential to the 2.

A skilled workforce in construction is essential to the economic well-being of this State;

2.

Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in horizontal construction who employs a worker on a public work pursuant to NRS 338.040 shall use one or more apprentices for at least 3 percent of the total hours of labor worked for each apprenticed craft or type of work to be performed on the public work for which more than three workers are employed.

On or after January 1, 2021, the Labor Commissioner, in collaboration with the State Apprenticeship Council, may adopt regulations to increase the percentage of total hours of labor required to be performed by an apprentice pursuant to subsection 1 or 2 by not more than 2 percentage points.

- *SB207_R2* – 3 – (a) Be deemed an apprentice on the public work for the purposes of subsections 1 and 2.

A contractor or subcontractor engaged on a public work is not required to use an apprentice in a craft or type of work - 80th Session (2019) – 3 – performed in a jurisdiction recognized by the State Apprenticeship Council as not having apprentices in that craft or type of work.

A public body must submit such a request, before an advertisement for bids has been placed, the opening of bids or the award of a contract for a public work or after the public body has commencedany worksupporting ondocumentation, theincluding, publicwithout work.limitation,de proof of denial of or failure to approve a request for apprentices pursuant to subparagraph (3) of paragraph (d) of subsection 10.

Such a request must include any supporting documentation, including, without limitation, proof of denial of or failure to approve a request for apprentices pursuant to subparagraph (3) of paragraph (d) of subsection 10.

The Labor Commissioner shall issue a determination of whether to grant a modification or waiver requested pursuant to Laborsubsection Commissioner6 maywithin grant15 suchdays aafter request if he or she makes The a finding that there is good cause to modify or waive the requiredreceipt pursuantof tosuch subsectionrequest. 1 or 2.y one or more apprentices 8.

AThe publicLabor body,Commissioner contractormay orgrant subcontractorsuch maya request if he or she makes a hearingfinding onthat there is good cause to modify or waive the determinationpercentage of thehours Laborof Commissionerlabor withinprovided 10by daysone afteror receiptmore ofapprentices therequired determinationpursuant ofto thesubsection Labor1 Commissioner.or 2.

8.

A public body, contractor or subcontractor may request a hearing on the determination of the Labor Commissioner within days after receipt of the determination of the Labor Commissioner.

9.shall enter into an apprenticeship agreement for all apprentices required to be used in the construction of a public work.

AIf contractorthe Labor Commissioner granted a modification or subcontractorwaiver engagedpursuant onto asubsection public7 workbecause shallthe enterLabor intoCommissioner anfinds apprenticeshipthat agreementa request for all apprentices requiredwas todenied beor usedthe request was not approved within business days as described in thesubparagraph construction(3) of aparagraph public(d) work.of subsection 10 and apprentices are later provided, then the contractor or subcontractor shall enter into an apprenticeship agreement for all apprentices later provided.

If the Labor Commissioner granted a modification or waiver pursuant to subsection 7 because the Labor Commissioner finds that a request for apprentices was denied or the request was not approved within 5 business days as described in subparagraph (3) of paragraph (d) of subsection 10 and apprentices are later provided, then the - *SB207_R2* – 4 – contractor or subcontractor shall enter into an apprenticeship agreement for all apprentices later provided.