AB 305 — Revises provisions governing public works. (BDR 28-112)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT A.B.

305305–Assemblywomen ASSEMBLYMonroe-Moreno; B ILLN O.

305–AConsidine SSEMBLYWOMENand MThomas ONROECHAPTER.......... -M ORENO ;

C ONSIDINE AND THOMAS M ARCH 15, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing public works.

(BDR 28-112) 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.

requiringrequiring, with certain exceptions, a contractor or subcontractor to comply with certain requirements relating to the use of apprentices who are women on a public work;

Section 1 also requires the State Apprenticeship Council to review, at least once every 2 years, the policies of women to enable a contractor or subcontractor to meet the percentage of hours of labor required to be performed by women.

-EXPLANATION *AB305_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

For purposes of this subsection, “to the - 82nd Session (2023) – 2 – extent practicable” means to the extent the requirement to have at least 2 percent of the hours of labor to be performed by apprentices who are women is feasible or capable of being done or carried out with reasonable effort, taking into account the number apprenticed craft or type of work.o are women in the applicable 2.

For purposes of this subsection, “to the extent practicable” means to the extent the requirement to have at least 1 percent of the hours of labor to be performed by apprentices who are women is feasible or capable of being done or carried out with reasonable effort, taking into account the number and availability of apprentices who are women in the applicable apprenticed craft or type of work.

4.program while employed on a public work shall:prenticeship (a) Be deemed an apprentice on the public work for the purposes of subsections 1 and 2.

An apprentice who graduates from an apprenticeship pro(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 , regardless of gender, in a craft or type of work performed in a jurisdiction recognized by the State Apprenticeship Council as not having apprentices in that craft or type of work.

A public body may, upon the request of a contractor or subcontractor, submit a request to the Labor Commissioner to modify or waive the percentage of hours of labor provided by one or - *AB305_R1*82nd –Session 3(2023) – more3 apprentices– required pursuant to subsection 1 or 2 for good cause.

A public body must submit such a request, before ananr good 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 commenced work on the public work.

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.[10.] 11.

A public body, contractor or subcontractor may request a hearing on the determination of the Labor Commissioner within 10 daysThe afterhearing receiptmust ofbe theconducted determinationin ofaccordance thewith Laborregulationsioner. Commissioner.

The hearing must be conducted in accordance with regulations adopted by the Labor Commissioner.

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[10] 11 and apprentices are later provided, then the contractor or subcontractor shall enter into an apprenticeship agreement for all apprentices later provided.

10.requirements set forth in subsection 1 or 2, as applicable, to have a percentage of the hours of labor performed by apprentices who are women, there is a rebuttable presumption that there were not enough apprentices who are women available to comply with such requirements.

If an apprenticeship program is unable to rebut the presumption, the State Apprenticeship Council shall, at least once every two years, require the apprenticeship program to appear before the State Apprenticeship Council to review the policies of the program to recruit women.

The State Apprenticeship Council - 82nd Session (2023) – 4 – may, without limitation, recommend improvements for recruiting women to the apprenticeship program.

11.

(1) There are no apprentices available from an apprenticeship program within the jurisdiction where the public work is to bebeceship completed as recognized by the State Apprenticeship Council;

- *AB305_R1* – 4 – (2) The contractor or subcontractor is required to perform uniquely complex or hazardous tasks on the public work that require the skill and expertise of a greater percentage of journeymen;

or (3) The contractor or subcontractor has requested apprentices thefrom requestan hasapprenticeship notprogram beenand approvedthe withinrequest 5has businessbeen days.enieddenied or the Therequest termhas does not includebeen theapproved refusalwithin of5 abusiness contractordays. or subcontractor to enter into an apprenticeship agreement pursuant to subsection 9.

 The term does not include the refusal of a contractor or subcontractor to enter into an apprenticeship agreement pursuant to subsection 9.

H~~~~~ 23 - *AB305_R1*82nd Session (2023)