Senate Bill No. 396

Senate Bill No. 396-Committee on Government Affairs

(On Behalf of the Office of Labor Commissioner
of the Department of Business and Industry)

May 15, 1997
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Referred to Committee on Government Affairs

SUMMARY--Provides civil penalty for failure of contractor engaged on public work to report workmen employed on public work to labor commissioner and public body awarding contract. (BDR 28-416)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to public works; providing a civil penalty for the failure of a contractor engaged on a public work to report each workman employed on the public work to the labor commissioner and the public body awarding the contract; and providing other matters properly relating thereto.

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

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Section 1 NRS 338.060 is hereby amended to read as follows:
338.060 1. A contractor engaged on public works shall forfeit, as a penalty to the public body in behalf of which the contract has been made and awarded to the contractor, not less than $10 nor more than $25 for [each workman employed for] each calendar day or portion thereof that [the workman is] each workman employed on the public work:
(a) Is paid less than the designated rate for any work done under the contract, by [him] the contractor or any subcontractor under him.
(b) Is not reported to the labor commissioner and the public body awarding the contract as required pursuant to NRS 338.070.
The public body awarding the contract shall cause a stipulation to this effect to be inserted in the contract.
2. The labor commissioner shall, by regulation, establish a sliding scale based on the size of the contractor's business to determine the amount of the penalty to be imposed pursuant to subsection 1.
3. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney's fees, may be recovered by the labor commissioner.