A.B. 213
- *AB213*
ASSEMBLY BILL NO. 213–ASSEMBLYMEMBER MONROE-MORENO
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing public works projects.
(BDR 28-816)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 2-5)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to governmental administration; requiring the
payment of prevailing wages to workers who perform
custom fabrication on a public work or for certain
performance contracts of local governments or state
agencies; requiring the payment of prevailing wages to
workers who perform custom fabrication on any project
financed or otherwise undertaken by the Tahoe-Douglas
Visitor’s Authority; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Under existing law, every contract to which a public body of this State is a 1
party, requiring the employment of skilled mechanics, skilled workers, semiskilled 2
mechanics, semiskilled workers or unskilled labor in the performance of a public 3
work, must contain in express terms the hourly and daily rate of wages to be paid to 4
each of the classes of mechanics and workers. The hourly and daily rate of wages 5
must not be less than the prevailing wage in the region in which the public work is 6
located, as determined by the Labor Commissioner. (NRS 338.020) Section 2 of 7
this bill provides that workers who perform custom fabrication on a public work 8
must also be paid such a prevailing wage. Section 1 of this bill: (1) defines the term 9
“custom fabrication”; (2) defines the term “nonstandard good or material”; and (3) 10
revises the definition of “worker” to include a worker who performs custom 11
fabrication. 12
Under existing law, performance contracts for certain operating cost-savings 13
measures entered into by local governments and state agencies must contain in 14
express terms the hourly and daily rate of wages to be paid to each class of 15
mechanics and workers. Such wages must not be less than the prevailing wage in 16
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the region in which the local government or state agency is located. (NRS 332.390, 17
333A.120) Similar to section 1, sections 3 and 4 of this bill, respectively, provide 18
that workers who perform custom fabrication must also be paid such a prevailing 19
wage. 20
The Tahoe-Douglas Visitor’s Authority Act requires the payment of prevailing 21
wages on any project financed or otherwise undertaken by the Tahoe-Douglas 22
Visitor’s Authority that requires the employment of certain workers even if the 23
project does not qualify as a public work. (Section 33 of chapter 375, Statutes of 24
Nevada 2019, at page 2364) Section 5 of this bill provides that workers who 25
perform custom fabrication on such a project must also be paid prevailing wages. 26
Section 6 of this bill provides that the requirement to pay prevailing wage to 27
workers who perform custom fabrication does not apply to a public works contract 28
or performance contract awarded before January 1, 2026. 29
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.010 is hereby amended to read as follows: 1
338.010 As used in this chapter: 2
1. “Authorized representative” means a person designated by a 3
public body to be responsible for the development, solicitation, 4
award or administration of contracts for public works pursuant to 5
this chapter. 6
2. “Bona fide fringe benefit” means a benefit in the form of a 7
contribution that is made not less frequently than monthly to an 8
independent third party pursuant to a fund, plan or program: 9
(a) Which is established for the sole and exclusive benefit of a 10
worker and his or her family and dependents; and 11
(b) For which none of the assets will revert to, or otherwise be 12
credited to, any contributing employer or sponsor of the fund, plan 13
or program. 14
The term includes, without limitation, benefits for a worker that 15
are determined pursuant to a collective bargaining agreement and 16
included in the determination of the prevailing wage by the Labor 17
Commissioner pursuant to NRS 338.030. 18
3. “Contract” means a written contract entered into between a 19
contractor and a public body for the provision of labor, materials, 20
equipment or supplies for a public work. 21
4. “Contractor” means: 22
(a) A person who is licensed pursuant to the provisions of 23
chapter 624 of NRS. 24
(b) A design-build team. 25
5. “Custom fabrication” means the manufacture, assembly or 26
other production of any nonstandard good or material that is 27
manufactured, assembled or otherwise produced for a specific 28
public work. 29
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6. “Day labor” means all cases where public bodies, their 1
officers, agents or employees, hire, supervise and pay the wages 2
thereof directly to a worker or workers employed by them on public 3
works by the day and not under a contract in writing. 4
[6.] 7. “Design-build contract” means a contract between a 5
public body and a design-build team in which the design-build team 6
agrees to design and construct a public work. 7
[7.] 8. “Design-build team” means an entity that consists of: 8
(a) At least one person who is licensed as a general engineering 9
contractor or a general building contractor pursuant to chapter 624 10
of NRS; and 11
(b) For a public work that consists of: 12
(1) A building and its site, at least one person who holds a 13
certificate of registration to practice architecture pursuant to chapter 14
623 of NRS. 15
(2) Anything other than a building and its site, at least one 16
person who holds a certificate of registration to practice architecture 17
pursuant to chapter 623 of NRS or landscape architecture pursuant 18
to chapter 623A of NRS or who is licensed as a professional 19
engineer pursuant to chapter 625 of NRS. 20
[8.] 9. “Design professional” means: 21
(a) A person who is licensed as a professional engineer pursuant 22
to chapter 625 of NRS; 23
(b) A person who is licensed as a professional land surveyor 24
pursuant to chapter 625 of NRS; 25
(c) A person who holds a certificate of registration to engage in 26
the practice of architecture, interior design or residential design 27
pursuant to chapter 623 of NRS; 28
(d) A person who holds a certificate of registration to engage in 29
the practice of landscape architecture pursuant to chapter 623A of 30
NRS; or 31
(e) A business entity that engages in the practice of professional 32
engineering, land surveying, architecture or landscape architecture. 33
[9.] 10. “Discrete project” means one or more public works 34
which are undertaken on a single construction site for a single public 35
body. The term does not include one or more public works that are 36
undertaken on multiple construction sites regardless of whether the 37
public body which sponsors or finances the public works bundles 38
the public works together. 39
[10.] 11. “Division” means the State Public Works Division of 40
the Department of Administration. 41
[11.] 12. “Eligible bidder” means a person who is: 42
(a) Found to be a responsible and responsive contractor by a 43
local government or its authorized representative which requests 44
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bids for a public work in accordance with paragraph (b) of 1
subsection 1 of NRS 338.1373; or 2
(b) Determined by a public body or its authorized representative 3
which awarded a contract for a public work pursuant to NRS 4
338.1375 to 338.139, inclusive, to be qualified to bid on that 5
contract pursuant to NRS 338.1379 or 338.1382. 6
[12.] 13. “General contractor” means a person who is licensed 7
to conduct business in one, or both, of the following branches of the 8
contracting business: 9
(a) General engineering contracting, as described in subsection 2 10
of NRS 624.215. 11
(b) General building contracting, as described in subsection 3 of 12
NRS 624.215. 13
[13.] 14. “Governing body” means the board, council, 14
commission or other body in which the general legislative and fiscal 15
powers of a local government are vested. 16
[14.] 15. “Horizontal construction” means any construction, 17
alteration, repair, renovation, demolition or remodeling necessary to 18
complete a public work, including, without limitation, any 19
irrigation, drainage, water supply, flood control, harbor, railroad, 20
highway, tunnel, airport or airway, sewer, sewage disposal plant or 21
water treatment facility and any ancillary vertical components 22
thereof, bridge, inland waterway, pipeline for the transmission of 23
petroleum or any other liquid or gaseous substance, pier, and any 24
other work incidental thereto. The term does not include vertical 25
construction, the construction of any terminal or other building of an 26
airport or airway, or the construction of any other building. 27
[15.] 16. “Local government” means every political 28
subdivision or other entity which has the right to levy or receive 29
money from ad valorem or other taxes or any mandatory 30
assessments, and includes, without limitation, counties, cities, 31
towns, boards, school districts and other districts organized pursuant 32
to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of 33
NRS, NRS 450.550 to 450.750, inclusive, and any agency or 34
department of a county or city which prepares a budget separate 35
from that of the parent political subdivision. The term includes a 36
person who has been designated by the governing body of a local 37
government to serve as its authorized representative. 38
[16.] 17. “Nonstandard good or material” includes, without 39
limitation, any nonstandard good or material used in any of the 40
following building systems: 41
(a) Plumbing or pipe fitting; 42
(b) Ventilation system; 43
(c) Air-conditioning system; 44
(d) Heating system; 45
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(e) Sheet metal or any other sheet metal product; and 1
(f) Signage, including, without limitation, any illuminated or 2
unilluminated sign. 3
18. “Offense” means: 4
(a) Failing to: 5
(1) Pay the prevailing wage required pursuant to this chapter; 6
(2) Pay the contributions for unemployment compensation 7
required pursuant to chapter 612 of NRS; 8
(3) Provide and secure compensation for employees required 9
pursuant to chapters 616A to 617, inclusive, of NRS; or 10
(4) Comply with subsection 5 or 6 of NRS 338.070. 11
(b) Discharging an obligation to pay wages in a manner that 12
violates the provisions of NRS 338.035. 13
[17.] 19. “Prime contractor” means a contractor who: 14
(a) Contracts to construct an entire project; 15
(b) Coordinates all work performed on the entire project; 16
(c) Uses his or her own workforce to perform all or a part of the 17
public work; and 18
(d) Contracts for the services of any subcontractor or 19
independent contractor or is responsible for payment to any 20
contracted subcontractors or independent contractors. 21
The term includes, without limitation, a general contractor or a 22
specialty contractor who is authorized to bid on a project pursuant to 23
NRS 338.139 or 338.148. 24
[18.] 20. “Public body” means the State, county, city, town, 25
school district or any public agency of this State or its political 26
subdivisions sponsoring or financing a public work. 27
[19.] 21. “Public work” means any project for the new 28
construction, repair or reconstruction of a project financed in whole 29
or in part from public money for: 30
(a) Public buildings; 31
(b) Jails and prisons; 32
(c) Public roads; 33
(d) Public highways; 34
(e) Public streets and alleys; 35
(f) Public utilities; 36
(g) Publicly owned water mains and sewers; 37
(h) Public parks and playgrounds; 38
(i) Public convention facilities which are financed at least in part 39
with public money; and 40
(j) All other publicly owned works and property. 41
[20.] 22. “Specialty contractor” means a person who is 42
licensed to conduct business as described in subsection 4 of 43
NRS 624.215. 44
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[21.] 23. “Stand-alone underground utility project” means an 1
underground utility project that is not integrated into a larger 2
project, including, without limitation: 3
(a) An underground sewer line or an underground pipeline for 4
the conveyance of water, including facilities appurtenant thereto; 5
and 6
(b) A project for the construction or installation of a storm drain, 7
including facilities appurtenant thereto, 8
that is not located at the site of a public work for the design and 9
construction of which a public body is authorized to contract with a 10
design-build team pursuant to subsection 2 of NRS 338.1711. 11
[22.] 24. “Subcontract” means a written contract entered into 12
between: 13
(a) A contractor and a subcontractor or supplier; or 14
(b) A subcontractor and another subcontractor or supplier, 15
for the provision of labor, materials, equipment or supplies for a 16
construction project. 17
[23.] 25. “Subcontractor” means a person who: 18
(a) Is licensed pursuant to the provisions of chapter 624 of NRS 19
or performs such work that the person is not required to be licensed 20
pursuant to chapter 624 of NRS; and 21
(b) Contracts with a contractor, another subcontractor or a 22
supplier to provide labor, materials or services for a construction 23
project. 24
[24.] 26. “Supplier” means a person who provides materials, 25
equipment or supplies for a construction project. 26
[25.] 27. “Vertical construction” means any construction, 27
alteration, repair, renovation, demolition or remodeling necessary to 28
complete a public work for any building, structure or other 29
improvement that is predominantly vertical, including, without 30
limitation, a building, structure or improvement for the support, 31
shelter and enclosure of persons, animals, chattels or movable 32
property of any kind, and any other work or improvement 33
appurtenant thereto. 34
[26.] 28. “Wages” means: 35
(a) The basic hourly rate of pay; and 36
(b) The amount of pension, health and welfare, vacation and 37
holiday pay, the cost of apprenticeship training or other bona fide 38
fringe benefits which are a benefit to the worker. 39
[27.] 29. “Worker” means a skilled mechanic, skilled worker, 40
semiskilled mechanic, semiskilled worker , [or] unskilled worker or 41
worker who performs custom fabrication in the service of a 42
contractor or subcontractor under any appointment or contract of 43
hire or apprenticeship, express or implied, oral or written, whether 44
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lawfully or unlawfully employed. The term does not include a 1
design professional. 2
Sec. 2. NRS 338.020 is hereby amended to read as follows: 3
338.020 1. Every contract to which a public body of this 4
State is a party, requiring the employment of skilled mechanics, 5
skilled workers, semiskilled mechanics, semiskilled workers , [or] 6
unskilled labor or workers who perform custom fabrication in the 7
performance of a public work, must contain in express terms the 8
hourly and daily rate of wages to be paid each of the classes of 9
mechanics and workers. The hourly and daily rate of wages must: 10
(a) Not be less than the rate of such wages then prevailing in the 11
region in which the public work is located, which prevailing rate of 12
wages must have been determined in the manner provided in NRS 13
338.030; and 14
(b) Be posted on the site of the public work in a place generally 15
visible to the workers. 16
2. When public work is performed by day labor, the prevailing 17
wage for each class of mechanics and workers so employed applies 18
and must be stated clearly to such mechanics and workers when 19
employed. 20
3. Except as otherwise provided in subsection 4, a contractor or 21
subcontractor shall pay to a mechanic or worker employed by the 22
contractor or subcontractor on the public work not less than one and 23
one-half times the prevailing rate of wages applicable to the class of 24
the mechanic or worker for each hour the mechanic or worker works 25
on the public work in excess of: 26
(a) Forty hours in any scheduled week of work by the mechanic 27
or worker for the contractor or subcontractor, including, without 28
limitation, hours worked for the contractor or subcontractor on work 29
other than the public work; or 30
(b) Eight hours in any workday that the mechanic or worker was 31
employed by the contractor or subcontractor, including, without 32
limitation, hours worked for the contractor or subcontractor on work 33
other than the public work, unless by mutual agreement the 34
mechanic or worker works a scheduled 10 hours per day for 4 35
calendar days within any scheduled week of work. 36
4. The provisions of subsection 3 do not apply to a mechanic or 37
worker who is covered by a collective bargaining agreement that 38
provides for the payment of wages at not less than one and one-half 39
times the rate of wages set forth in the collective bargaining 40
agreement for work in excess of: 41
(a) Forty hours in any scheduled week of work; or 42
(b) Eight hours in any workday unless the collective bargaining 43
agreement provides that the mechanic or worker shall work a 44
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scheduled 10 hours per day for 4 calendar days within any 1
scheduled week of work. 2
5. The prevailing wage and any wages paid for overtime 3
pursuant to subsection 3 or 4 to each class of mechanics or workers 4
must be in accordance with the jurisdictional classes recognized in 5
the region where the work is performed. 6
6. Nothing in this section prevents an employer who is 7
signatory to a collective bargaining agreement from assigning such 8
work in accordance with established practice. 9
Sec. 3. NRS 332.390 is hereby amended to read as follows: 10
332.390 1. If a performance contract entered into pursuant to 11
NRS 332.300 to 332.440, inclusive, requires the employment of 12
skilled mechanics, skilled workers, semiskilled mechanics, 13
semiskilled workers , [or] unskilled labor or workers who perform 14
custom fabrication to perform the performance contract, the 15
performance contract must include a provision relating to the 16
prevailing wage as required pursuant to NRS 338.013 to 338.090, 17
inclusive. The local government, the qualified service company, any 18
contractor who is awarded a contract or enters into an agreement to 19
perform the work for the performance contract, and any 20
subcontractor who performs any portion of that work shall comply 21
with the provisions of NRS 338.013 to 338.090, inclusive, in the 22
same manner as if the local government had undertaken the work or 23
had awarded the contract. 24
2. Before a qualified service company enters into a 25
performance contract pursuant to NRS 332.300 to 332.440, 26
inclusive, that exceeds $100,000, the qualified service company 27
must furnish to the contracting body any bonds required pursuant to 28
NRS 339.025. The provisions of chapter 339 of NRS apply to any 29
performance contract described in this subsection. 30
3. As used in this section: 31
(a) “Custom fabrication” means the manufacture, assembly or 32
other production of any nonstandard good or material that is 33
manufactured, assembled or otherwise produced for a specific 34
performance contract. 35
(b) “Nonstandard good or material” has the meaning ascribed 36
to it in NRS 338.010. 37
Sec. 4. NRS 333A.120 is hereby amended to read as follows: 38
333A.120 1. If a performance contract entered into pursuant 39
to this chapter requires the employment of skilled mechanics, skilled 40
workers, semiskilled mechanics, semiskilled workers , [or] unskilled 41
labor or workers who perform custom fabrication to perform the 42
performance contract, the performance contract must include a 43
provision relating to the prevailing wage as required pursuant to 44
NRS 338.013 to 338.090, inclusive. The using agency, the qualified 45
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service company, any contractor who is awarded a contract or enters 1
into an agreement to perform the work for the performance contract, 2
and any subcontractor who performs any portion of that work shall 3
comply with the provisions of NRS 338.013 to 338.090, inclusive, 4
in the same manner as if the using agency had undertaken the work 5
or had awarded the contract. 6
2. As used in this section: 7
(a) “Custom fabrication” means the manufacture, assembly or 8
other production of any nonstandard good or material that is 9
manufactured, assembled or otherwise produced for a specific 10
performance contract. 11
(b) “Nonstandard good or material” has the meaning ascribed 12
to it in NRS 338.010. 13
Sec. 5. Section 33 of the Tahoe-Douglas Visitor’s Authority 14
Act, being chapter 375, Statutes of Nevada 2019, at page 2364, is 15
hereby amended to read as follows: 16
Sec. 33. If a project that is financed by the Authority or 17
is otherwise undertaken by the Authority, including, without 18
limitation, pursuant to a lease, lease-purchase agreement or 19
installment-purchase agreement: 20
1. Requires the employment of skilled mechanics, 21
skilled workers, semiskilled mechanics, semiskilled workers , 22
[or] unskilled labor or workers who perform custom 23
fabrication, as defined in NRS 338.010, to perform the 24
project; and 25
2. Does not qualify as a public work, as defined in 26
NRS 338.010, 27
the contract or agreement for the project must include a provision 28
requiring the payment of prevailing wages in compliance with the 29
provisions of NRS 338.013 to 338.090, inclusive, in the same 30
manner as if the Authority had undertaken the project or had 31
awarded the contract or agreement. 32
Sec. 6. The amendatory provisions of this act do not apply to 33
any contract to which the provisions of: 34
1. NRS 338.020 to 338.090, inclusive; 35
2. NRS 332.390; or 36
3. NRS 333A.120, 37
apply, that is awarded before January 1, 2026. 38
Sec. 7. The provisions of NRS 354.599 do not apply to any 39
additional expenses of a local government that are related to the 40
provisions of this act. 41
Sec. 8. 1. This section becomes effective upon passage and 42
approval. 43
2. Sections 1 to 7, inclusive, of this act become effective: 44
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(a) Upon passage and approval for the purpose of adopting 1
regulations and performing any other preparatory administrative 2
tasks that are necessary to carry out the provisions of this act; and 3
(b) On January 1, 2026, for all other purposes. 4
H