Assembly Bill No. 176–Assemblymen Claborn, McCleary, Anderson, Gibbons, Chowning, Arberry, Atkinson, Collins, Conklin, Goicoechea, Horne, Koivisto, Leslie, Manendo, McClain, Mortenson, Oceguera, Ohrenschall, Parks, Pierce and Williams

 

February 21, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions governing prevailing wages. (BDR 28‑972)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to public works; requiring the Labor Commissioner to survey certain additional employers to establish the prevailing rates of wages; providing that certain workmen are deemed to be employed on public works; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1.  NRS 338.030 is hereby amended to read as follows:

1-2  338.030  1.  The public body awarding any contract for public

1-3  work, or otherwise undertaking any public work, shall ascertain

1-4  from the Labor Commissioner the prevailing wage in the county in

1-5  which the public work is to be performed for each craft or type of

1-6  work.

1-7  2.  To establish a prevailing wage in each county, including

1-8  Carson City, the Labor Commissioner shall, annually, survey

1-9  contractors [who] and other employers of workmen that have

1-10  performed work in the county. Within 30 days after the

1-11  determination is issued:

2-1  (a) A public body or person entitled under subsection 5 to be

2-2  heard may submit an objection to the Labor Commissioner with

2-3  evidence to substantiate that a different wage prevails; and

2-4  (b) Any person may submit information to the Labor

2-5  Commissioner that would support a change in the prevailing wage

2-6  of a craft or type of work by 50 cents or more per hour in any

2-7  county.

2-8  3.  The Labor Commissioner shall hold a hearing in the locality

2-9  in which the work is to be executed if he:

2-10      (a) Is in doubt as to the prevailing wage; or

2-11      (b) Receives an objection or information pursuant to

2-12  subsection 2.

2-13  The Labor Commissioner may hold only one hearing a year on the

2-14  prevailing wage of any craft or type of work in any county.

2-15      4.  Notice of the hearing must be advertised in a newspaper

2-16  nearest to the locality of the work once a week for 2 weeks before

2-17  the time of the hearing.

2-18      5.  At the hearing, any public body, the crafts affiliated with the

2-19  state federation of labor or other recognized national labor

2-20  organizations, and the contractors of the locality or their

2-21  representatives must be heard. From the evidence presented, the

2-22  Labor Commissioner shall determine the prevailing wage.

2-23      6.  The wages so determined must be filed by the Labor

2-24  Commissioner and must be available to any public body which

2-25  awards a contract for any public work.

2-26      7.  Nothing contained in NRS 338.020 to 338.090, inclusive,

2-27  may be construed to authorize the fixing of any wage below any rate

2-28  which may now or hereafter be established as a minimum wage for

2-29  any person employed upon any public work, or employed by any

2-30  officer or agent of any political subdivision of the State of Nevada.

2-31      Sec. 2.  NRS 338.040 is hereby amended to read as follows:

2-32      338.040  1.  Except as otherwise provided by specific statute,

2-33  workmen who are:

2-34      (a) Employed at the site of a public work; and

2-35      (b) Necessary in the execution of the contract for the public

2-36  work,

2-37  are deemed to be employed on public works.

2-38      2.  For the purposes of subsection 1, a person who:

2-39      (a) Repairs or maintains heavy equipment used for

2-40  construction activities at the site of a public work;

2-41      (b) Performs a test of the soil at the site of a public work;

2-42      (c) Performs duties related to a survey at the site of a public

2-43  work and is not required to be licensed pursuant to chapter 625 of

2-44  NRS; or

3-1  (d) Inspects work performed at the site of a public work and is

3-2  not employed by a public body for that purpose,

3-3  shall be deemed to be a workman who is employed on a public

3-4  work.

3-5  3.  The Labor Commissioner shall adopt regulations to define

3-6  the circumstances under which a workman , other than a person

3-7  described in subsection 2, is:

3-8  (a) Employed at the site of a public work; and

3-9  (b) Necessary in the execution of the contract for the public

3-10  work.

 

3-11  H