Existing law provides that every contract to which a public body of this State is a party, requiring the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor in the performance of a public work, must contain in express terms the hourly and daily rate of wages to be paid to each of the classes of mechanics and workers. The hourly and daily rate of wages must not be less than the prevailing wage in the region in which the public work is located, as determined by the Labor Commissioner. (NRS 338.020) Section 2 of this bill makes a declaration of legislative intent finding that: (1) the payment of prevailing wages to workers on public works projects that are funded in whole or in part by public money is essential to the economic well-being of this State, increasing the number of skilled construction workers in this State, enhancing the workforce of the State and increasing redevelopment opportunities in the State; and (2) careful scrutiny of novel leasing and financial arrangements entered into and incentives offered by a public body is necessary to ensure workers are paid the prevailing wage. Section 8 of this bill provides that any regulation adopted by the Labor Commissioner relating to public works must be consistent with the declaration of legislative intent set forth in section 2. Existing law sets forth certain requirements relating to state financial administration and local financial administration. (Chapters 353 and 354 of NRS) Sections 10.5 and 12.3 of this bill authorize an organization to partner with a state agency or local government and provide private financing only for the construction of a hospital, medical education building or medical research building in this State if the organization: (1) qualifies as a tax-exempt organization and a supporting organization under certain provisions of the Internal Revenue Code; and (2) is organized and operated to support a state agency or local government in the construction of hospitals or such medical buildings. Existing law makes the prevailing wage requirements applicable to certain, specific construction projects. (NRS 244.286, 244A.058, 244A.763, 268.568, 271.710, 271.800, 278C.240, 279.500, 318.140, 318.144, 321.416, 332.390, 333A.120, 349.670, 349.956, 349.981, 388A.635, 408.3886, 543.545, 701B.265, 701B.625) Sections 10.5 and 12.3 require the payment of prevailing wages on projects developed by such organizations. Sections 10.5 and 12.3 also provide that projects developed by such organizations are exempt from certain provisions of existing law governing the award of contracts and the oversight and involvement of the State Public Works Division of the Department of Administration. Sections 10.5 and 12.3 require subcontracts for such projects to be competitively bid and authorize an eligible subcontractor who bids on such a project to receive certain bidding preferences. Lastly, sections 10.5 and 12.3 require a contract or agreement entered into with a prime contractor for such a project to include provisions requiring: (1) at least 15 percent of the subcontracts for the project to be awarded to local small businesses; and (2) the use of apprentices in accordance with certain provisions of existing law. Existing law sets forth a legislative declaration regarding the importance of the use of lease-purchase agreements and installment-purchase agreements by local governments, including the use of such agreements for the construction, alteration, repair or remodeling of an improvement. (NRS 354.740) Sections 12.7 and 12.9 of this bill move this language regarding the use of such agreements for the construction, alteration, repair or remodeling of an improvement from the legislative declaration. Section 12.7 provides that if a local government uses such agreements or leases for the construction, alteration, repair or remodeling of an improvement: (1) the person or entity that executes one or more contracts or agreements for the work must include provisions in the contract or agreement requiring the payment of prevailing wages; and (2) the local government, the contractor and any subcontractor must pay prevailing wages. Section 12.5 of this bill defines “agreement” for the purposes of these provisions.

Statutes affected:
As Introduced: 338.010, 338.0115, 338.012, 338.020, 338.050, 338.070, 338.090, 332.390, 333A.120
Reprint 1: 338.010, 338.012, 338.050, 338.070, 338.090
Reprint 2: 338.010, 338.012, 338.050, 338.070, 338.090
Reprint 3: 338.012, 338.050, 354.740
As Enrolled: 338.012, 338.050, 354.740
BDR: 338.010, 338.0115, 338.012, 338.020, 338.050, 338.070, 338.090, 332.390, 333A.120