ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend section 1, pages 1 and 2, by deleting lines 2 through 6 on page 1 and lines 1 through 36 on page 2, and inserting:
“338.060 1. [A] Except as otherwise provided in subsection 8, a contractor engaged on a public [works] work shall forfeit, as a penalty to the public body [in] on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each workman employed on the public work [:
(a) Is] is paid less than the designated rate for any work done under the contract, by the contractor or any subcontractor under him.
[(b) Is]
2. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof for each workman employed on the public work for which the contractor or subcontractor willfully included inaccurate or incomplete information in the monthly record required to be submitted to the public body pursuant to subsection 5 of NRS 338.070.
3. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each workman employed on the public work is not reported to the public body awarding the contract by the contractor or any of his subcontractors as required pursuant to subsection 5 of NRS 338.070 [. The] , up to a maximum of:
(a) For the first failure to comply during the term of the contract for the public work, $1,000; and
(b) For each subsequent failure to comply during the term of the contract for the public work, $5,000.
4. Except as otherwise provided in subsection 8, if a violation of more than one provision of subsections 1, 2 and 3 involves the same workman, the contractor shall forfeit the penalty set forth in each subsection that was violated.
5. A public body awarding [the] a contract for a public work shall cause a stipulation [to this effect] setting forth the penalties specified in subsections 1 to 4, inclusive, to be inserted in the contract.
[2.] 6. 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.] subsections 1 and 2.
7. 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.
8. The Labor Commissioner may, for good cause shown, waive or reduce any penalty imposed pursuant to this section.”.
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. This act becomes effective upon passage and approval.”.
Amend the title of the bill, eleventh line, after “work;” by inserting:
“authorizing the Labor Commissioner to waive or reduce certain penalties imposed on contractors and subcontractors for good cause shown;”.