SB 82 — Revises provisions related to public works. (BDR 28-535)

(ReprintedSenate withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT S.B.

8282–Senator SENATEDaly BILLCHAPTER.......... NO .

82–SENATOR D ALY PREFILED JANUARY 26, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions related to public works.

(BDR 28-535) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

making an appropriation;

Existing law requires contractors or subcontractors engaged on public works to use one or more apprentices for a certain percentage of the total hours performed on aand publicto work,enter dependinginto onan theapprenticeship numberagreement offor workersall employedapprentices onso therequired. public work, 338.01165) Section 1 of this bill:

(1)(NRS eliminates338.01165) theSection threshold1 number of workersRSthis forbill: the applicability of the requirements for using apprentices;

(1) eliminates the threshold number of workers for the applicability of the requirements for using apprentices;

Commissioner,Existing uponlaw: request by a public body, to grant a modification or waiver from the requirements for using apprentices upon a finding of good cause;

(1) sets forth a procedure that authorizes the Labor Commissioner, upon request by a public body, to grant a modification or waiver from the requirements for using apprentices upon a finding of good cause;

(2) requires a contractor or subcontractor to maintain and provide to the Labor Commissioner any supporting documentation to show that the contractor or subcontractor made a good faith effort to comply with the annual requirements to use one or more apprentices for a certain percentage of the total hours performed on public works;

- *SB82_R1* – 2 – Section 1 also requires, on or before February 15 of each year, a contractor or subcontractor to submit certain information to the Labor Commissioner regarding for each apprenticed craft or type of work performed.

Finally, section 1 sets forth a penalty schedule for violations of certain provisions relating to the requirements for a contractor or subcontractor to use one publicor work.enticesmore apprentices for a certain percentage of the total hours performed on a THEpublic PEOPLEwork. OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.5 of this bill makes an appropriation to the Office of Labor Commissioner in the Department of Business and Industry for certain expenses to carry out the provisions of this bill.

- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;

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:

Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in vertical construction who employs [a worker] workers on [a] one or more public [work] works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 10 percent , or any increased percentage established pursuant to subsection 3, of the total hours of labor worked for each apprenticed craft or type of work to be performed on [the] those public [work for which more than three wor2.rsNotwithstanding 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] workers on [a] one or more public [work] works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 3 percent , or any increased percentage established pursuant to subsection 3, of the total hours of labor worked for each apprenticed craft or type of work to be performed on [the] those public [work for which more than three workers are employed.] works.

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] workers on [a] one or more public [work] works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 3 percent , or any increased percentage established pursuant to subsection 3, of the total hours of labor worked for each apprenticed craft or type of work to be performed on [the] those public [work for which more than three workers are employed.] works.

- *SB82_R1* – 3 – (b) Be deemed a journeyman for all other purposes, including, without limitation, the payment of wages or the payment of wages and benefits to a journeyman covered by a collective bargaining agreement.agr5.meIf a contractor or subcontractor who is a signatory to a collective bargaining agreement with a union that sponsors an apprenticeship program for an apprenticed craft or type of work - 82nd Session (2023) – 3 – requests an apprentice from that apprenticeship program and an apprentice in the appropriate craft or type of work is not available, the contractor or subcontractor may utilize a person who graduated from the apprenticeship program in that craft or type of work within the 3 years immediately preceding the request from the contractor or subcontractor.

5.

If a contractor or subcontractor who is a signatory to a collective bargaining agreement with a union that sponsors an apprenticeship program for an apprenticed craft or type of work requests an apprentice from that apprenticeship program and an apprentice in the appropriate craft or type of work is not available, the apprenticeship program may provide a person who graduated from the apprenticeship program in that craft or type of work within the 3 years immediately preceding the request from the contractor or subcontractor.

A]A 7.public body may, upon the request of a contractor or sub7.ntrA contractor or subcontractor engaged on a public work shall maintain and provide to the Labor Commissioner any supporting documentation to show that the contractor or subcontractor made a good faith effort to comply with subsection 1 or 2, as applicable, as determined by the Labor Commissioner.

AFor contractorpurposes orof subcontractorthis engagedsubsection, on a public work shall maintain and provide to the Labor Commissioner any supporting documentation to show that the contractor or subcontractorsubcontractor: made a good faith effort to comply with subsection 1 or 2, as applicable.

[public body may, upon the request of a contractor or subcontractor, submit a request] For purposes of this subsection, a contractor or subcontractor:

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 commenced work on the publicdocumentation, work.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.

Such7.] , a request mustfor includean anyapprentice supportingnot documentation,earlier including,than without10 limitation,days proofbefore ofthe denialcontractor of or failuresubcontractor is scheduled to approvebegin awork requeston forthe apprenticespublic pursuantwork toand subparagraphnot (3)later ofthan paragraph5 (d)days ofafter subsectionthe 10.contractor or subcontractor actually begins work on the public work.

7.](2) ,If athe requestapprenticeship forprogram does not provide an apprentice notfor earlierthe thanappropriate 10apprenticed dayscraft beforeor thetype contractorof orwork subcontractor- is82nd scheduledSession (2023) – 4 – requests to beginthe workapprenticeship program, on the -form *SB82_R1*prescribed –by 4the –Labor publicCommissioner, workat andleast notonce laterevery than30 5 days afterduring the period that the contractor or subcontractor actuallyis beginsworking work on the public work.

(2) If thea apprenticeshipcontractor programor subcontractor does not providework ancontinuously apprenticeon for the appropriatepublic apprenticedwork, craftthe contractor or typesubcontractor ofshall worksubmit uponan aadditional request pursuanteach totime subparagraphthat (1),the submitscontractor additionalor requestssubcontractor toresumes work on the apprenticeshippublic program,work onnot theearlier formthan prescribeddays bybefore the Laborcontractor Commissioner,or atsubcontractor leastis oncescheduled everyto 30resume dayswork duringon the periodpublic thatwork and not later than 5 days after the contractor or subcontractor isactually workingresumes work on the public work.

If a contractor or subcontractor does not work continuously on the public work, the contractor or subcontractor shall submit an additional request each time that the contractor or subcontractor resumes work on the public work not earlier than 10 days before the contractor or subcontractor is scheduled to resume work on the public work and not later than 5 days after the contractor or subcontractor actually resumes work on the public work.

(b) Does not make a good faith effort to comply with subsection 1 or 2, as applicable, ifas thedetermined contractorby orthe subcontractorLabor is required to enter into an apprenticeship agreement pursuant to subsection 16 and refuses to do so.

The supporting documentation required pursuant to subsection 7 mustmay include, without limitation:

On or before February 15 of each year, a contractor or subcontractor engaged in vertical or horizontal construction, as applicable, who employs a worker on one or more public works pursuant to NRS 338.040 shall report to the Labor Commissioner, on the form prescribed by the Labor Commissioner [shall issue a determination of whether to grant a modification or waiver requested pursuant to subsection 6 within 15 days after the receipt of such request.