Assembly Bill No. 494–Committee on Commerce and Labor

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Requires person who wishes to be qualified to bid on contracts for public works to have employee benefit plan in effect for his employees. (BDR 28‑1165)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to public works; requiring a person who wishes to be qualified to bid on contracts for public works to have an employee benefit plan in effect for his employees; 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 338.1375 is hereby amended to read as

1-2  follows:

1-3  338.1375  1.  The State Public Works Board shall not accept a

1-4  bid on a contract for a public work unless the person who submits

1-5  the bid has qualified pursuant to NRS 338.1379 to bid on that

1-6  contract.

1-7  2.  The State Public Works Board shall by regulation adopt

1-8  criteria for the qualification of bidders on contracts for public works

1-9  of this state. The criteria adopted by the State Public Works Board

1-10  pursuant to this section must be used by the State Public Works

1-11  Board to determine the qualification of bidders on contracts for

1-12  public works of this state.

1-13      3.  The criteria adopted by the State Public Works Board

1-14  pursuant to this section:

1-15      (a) Must be adopted in such a form that the determination of

1-16  whether an applicant is qualified to bid on a contract for a public

2-1  work does not require or allow the exercise of discretion by any one

2-2  person.

2-3  (b) [May] Except as otherwise provided in paragraph (c), may

2-4  include only:

2-5       (1) The financial ability of the applicant to perform a

2-6  contract;

2-7       (2) The principal personnel of the applicant;

2-8       (3) Whether the applicant has breached any contracts with a

2-9  public agency or person in this state or any other state;

2-10          (4) Whether the applicant has been disqualified from being

2-11  awarded a contract pursuant to NRS 338.017 or 338.1387; and

2-12          (5) The performance history of the applicant concerning

2-13  other recent, similar contracts, if any, completed by the applicant.

2-14      (c) Must require that the applicant has in effect an employee

2-15  benefit plan, as defined in 29 U.S.C. § 1002(3), which is available

2-16  to all employees of the applicant.

2-17      Sec. 2.  NRS 338.1377 is hereby amended to read as follows:

2-18      338.1377  1.  Except as otherwise provided in NRS 338.1383,

2-19  the governing body of each local government that sponsors or

2-20  finances a public work shall adopt criteria for the qualification of

2-21  bidders on contracts for public works of the local government. The

2-22  governing body shall use the criteria to determine the qualification

2-23  of bidders on contracts for public works of the local government.

2-24      2.  Before adopting criteria pursuant to this section, the

2-25  governing body of a local government shall hold at least one public

2-26  hearing to solicit and evaluate public opinion regarding the criteria

2-27  to be adopted. Notice of such a hearing must be provided by mail at

2-28  least 10 days before the hearing to:

2-29      (a) Construction trade associations in this state; and

2-30      (b) Labor unions representing trades in the building industry in

2-31  this state.

2-32      3.  The criteria adopted by a governing body pursuant to this

2-33  section to determine whether an applicant is qualified to bid on a

2-34  contract for a public work:

2-35      (a) Must be adopted in such a form that the determination of

2-36  whether an applicant is qualified to bid on a contract for a public

2-37  work does not require or allow the exercise of discretion by any one

2-38  person.

2-39      (b) [May] Except as otherwise provided in paragraph (c), may

2-40  include only:

2-41          (1) The financial ability of the applicant to perform a

2-42  contract;

2-43          (2) The principal personnel of the applicant;

2-44          (3) Whether the applicant has breached any contracts with a

2-45  public agency or person in this state or any other state; and

3-1       (4) Whether the applicant has been disqualified from being

3-2  awarded a contract pursuant to NRS 338.017 or 338.1387.

3-3  (c) Must require that the applicant has in effect an employee

3-4  benefit plan, as defined in 29 U.S.C. § 1002(3), which is available

3-5  to all employees of the applicant.

3-6  Sec. 3.  This act becomes effective on July 1, 2003.

 

3-7  H