Existing law sets forth the requirements for the State and its political subdivisions to award a contract for the new construction, repair or reconstruction of specified projects that are financed in whole or in part from public money, known as public works. (Chapter 338 of NRS) Existing law creates the Office of Labor Commissioner and requires the Labor Commissioner to enforce specified provisions relating to employment on public works. (NRS 338.010-338.130, 607.010) Existing law requires contractors or subcontractors engaged on public works to use apprentices for a certain percentage of the total hours performed on a public work, depending on certain conditions related to the public work, and to report certain information regarding the public works for the previous year to the Labor Commissioner, except identifying information about a public work or an apprentice or employee. Existing law further requires a contractor or subcontractor on a public work 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 apprenticeship requirement. Such a good faith effort includes submitting to an apprenticeship program a request for an apprentice: (1) not earlier than 10 days before the contractor or subcontractor is scheduled to begin work on the public work; and (2) if a contractor or subcontractor does not work continuously on a public work, not earlier than 10 days before the contractor or subcontractor is scheduled to resume work on the public work. (NRS 338.01165) Section 1 of this bill increases the 10-day time limitation on requesting an apprentice to 30 days. Section 1 also removes the exception for not reporting identifying information about a public work, thereby requiring the reporting of such information to the Labor Commissioner. Existing law, in part, requires a public body that undertakes a public work to: (1) request an identifying number with a designation of the work and include the number in any advertisement or other type of solicitation; and (2) report to the Labor Commissioner the award of a contract within 10 days after the award and subsequently report the completion of the work under the contract. (NRS 338.013) Section 2 of this bill requires that a public body request such an identifying number not less than 3 business days before any advertisement or other type of solicitation for the public work is published or made, as applicable. Section 2 also authorizes a penalty for each calendar day or portion thereof that a public body is not in compliance with the reporting requirements. Under existing law, if an administrative penalty is imposed against a person for a violation of certain provisions relating to public works, the Labor Commissioner is authorized to prohibit the person from being awarded a contract for a public work: (1) for the first offense, for a period of 3 years after the date of the imposition of the administrative penalty; and (2) for the second or subsequent offense, for a period of 5 years after the date of the imposition of the administrative penalty. (NRS 338.017) Section 4 of this bill revises the duration of the period of the disqualification as follows: (1) for the first offense, for a period of up to 180 days after the date of the imposition of the administrative penalty; (2) for the second offense, for a period of up to 3 years but not less than 180 days after the date of the imposition of the administrative penalty; (3) for the third offense, for a period of up to 5 years but not less than 3 years after the date of the imposition of the administrative penalty; and (4) for the fourth or subsequent offense, for a period of not less than 5 years after the date of the imposition of the administrative penalty. Existing law requires any public body awarding a contract for a public work to investigate possible violations of certain laws relating to public works and determine whether a violation has been committed and inform the Labor Commissioner of any such violations. (NRS 338.070) Section 5 of this bill requires a public body, within 90 days after substantial completion of a contract for a public work, to: (1) conduct an investigation and make a determination regarding any violation; or (2) refer the matter to the Public Works Compliance Division, which is created within the Office of Labor Commissioner in section 8 of this bill. Section 7 of this bill requires the Division to: (1) investigate possible violations of certain laws relating to public works at the direction of the Labor Commissioner or upon receipt of a referral from a public body; (2) submit to the Labor Commissioner a written report concerning such an investigation and, if applicable, provide a copy of the report to the referring public body upon completion of the investigation; and (3) perform any other duties related to the enforcement of certain provisions relating to public works, as directed by the Labor Commissioner. Sections 9 and 10 of this bill make conforming changes related to the creation of the Division. Existing law requires a public body to withhold and retain from payments to a contractor on a public work sums that are forfeited as a result of the violation of certain laws relating to public works. Existing law also prohibits any sums from being withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding public body. (NRS 338.070) Section 5 requires a public body who refers the investigation of possible offenses to the Division to withhold and retain all sums believed to be forfeited by the violation of such laws until an investigation has been completed by the Division and the Labor Commissioner has determined if any violations were committed. Section 5 authorizes the Labor Commissioner to impose against a public body that fails to investigate possible violations of certain laws relating to a public work or refer possible violations to the Public Works Compliance Division within the prescribed time period: (1) a fee of $1,000 for each contractor or subcontractor found to be in violation of such provisions; and (2) an administrative penalty of $2,000 for each contractor or subcontractor found to be in violation of such provisions. Section 5 also prohibits a public body from withholding from any contractor or subcontractor engaged on a public work any amount due to the contractor or subcontractor in order to recover any fee or penalty assessed against the public body by the Labor Commissioner pursuant to section 5.

Statutes affected:
As Introduced: 338.01165, 338.013, 338.015, 338.017, 338.070, 338.090, 607.010, 607.060, 607.130
Reprint 1: 338.01165, 338.013, 338.017, 338.070, 607.010, 607.060, 607.130
Reprint 2: 338.01165, 338.013, 338.017, 338.070, 607.010, 607.060, 607.130
As Enrolled: 338.01165, 338.013, 338.017, 338.070, 607.010, 607.060, 607.130
BDR: 338.01165, 338.013, 338.015, 338.017, 338.070, 338.090, 607.010, 607.060, 607.130