Existing law sets forth general provisions applicable to public works, including preferences in the employment of workers and requirements for the use of apprentices. (Chapter 338 of NRS) Section 2 of this bill prescribes an order of preference in the employment of workers and apprentices on certain public works. The order of preference is: (1) persons who are women and are citizens of this State; (2) persons who have been honorably discharged from the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, a reserve component thereof or the National Guard and are citizens of this State; (3) persons who are residents of historically underserved communities and are citizens of this State; (4) persons who are residents of rural areas of this State and are citizens of this State; (5) persons who were formerly incarcerated and are citizens of this State; and (6) persons who are under 26 years of age and are citizens of this State. Section 3 of this bill requires a contractor or subcontractor engaged in: (1) vertical construction who employs workers on one or more public works during a calendar year to employ persons in accordance with the prescribed order of preference in section 2 for at least 10 percent of the total hours of labor worked for each public work; and (2) horizontal construction who employs workers on one or more public works during a calendar year to employ persons in accordance with the prescribed order of preference in section 2 for at least 3 percent of the total hours of labor worked for each public work. Existing law requires a contractor or subcontractor engaged in: (1) vertical construction who employs workers on one or more public works during a calendar year to use one or more apprentices for at least 10 percent of the total hours of labor worked for each apprenticed craft or type of work to be performed on those public works; and (2) horizontal construction who employs workers on one or more public works during a calendar year to 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 those public works. (NRS 338.01165) Section 4 of this bill additionally requires such a contractor or subcontractor engaged in: (1) vertical construction that requires at least 400 hours of any apprenticed craft or type of work to be performed on the public work, to use apprentices employed in accordance with the prescribed order of preference in section 2 for at least 10 percent of the hours required to be performed by an apprentice; and (2) horizontal construction that requires at least 800 hours of any apprenticed craft or type of work to be performed on the public work, to use apprentices employed in accordance with the prescribed order of preference in section 2 for at least 3 percent of the hours required to be performed by an apprentice. Sections 3 and 4 authorize the Labor Commissioner to adjust the percentage of total hours of labor prescribed in those sections. Sections 3 and 4 require a contractor or subcontractor to: (1) maintain and provide to the Labor Commissioner certain information and documentation to show that the contractor or subcontractor made a good faith effort to comply with the annual requirements regarding employment of persons in accordance with the prescribed order of preference in section 2; and (2) on or before February 15 of each year, submit certain information to the Labor Commissioner regarding the hours that were worked in a calendar year on certain public works. Sections 3 and 4 authorize a maximum administrative fine of $1,000 for a contractor or subcontractor who violates the requirements of those sections and a maximum period of disqualification from bidding on public works for second and subsequent such violations. Section 7 of this bill makes an exception to the provision in existing law governing the imposition of administrative penalties by the Labor Commissioner for this new penalty. Sections 5 and 6 of this bill make certain definitions in existing law relating to apprentices applicable to sections 2-4. Existing law requires public bodies to investigate possible violations of certain provisions governing public works. Under existing law, any contractor or subcontractor who fails to comply with such an investigation is guilty of a misdemeanor. (NRS 338.070) Section 8 of this bill makes the requirement for public bodies to investigate such possible violations, and the criminal penalty for noncompliance with such an investigation, apply to possible violations of sections 2-4. Section 9 of this bill makes the administrative penalties for costs of investigation and prosecution and the criminal penalty in existing law for violating certain provisions governing public works apply to a person who violates sections 2-4.

Statutes affected:
As Introduced: 338.010, 338.01165, 338.015, 338.070, 338.090
BDR: 338.010, 338.01165, 338.015, 338.070, 338.090