A.B. 222
- *AB222*
ASSEMBLY BILL NO. 222–ASSEMBLYMEMBER JACKSON
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to public works.
(BDR 28-675)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
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, with certain
exceptions, a contractor or subcontractor to comply with
certain requirements relating to the employment of
workers and apprentices on a public work; providing
certain penalties; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth general provisions applicable to public works, including 1
preferences in the employment of workers and requirements for the use of 2
apprentices. (Chapter 338 of NRS) Section 2 of this bill prescribes an order of 3
preference in the employment of workers and apprentices on certain public works. 4
The order of preference is: (1) persons who are women and are citizens of this 5
State; (2) persons who have been honorably discharged from the Army, Navy, Air 6
Force, Marine Corps or Coast Guard of the United States, a reserve component 7
thereof or the National Guard and are citizens of this State; (3) persons who are 8
residents of historically underserved communities and are citizens of this State; (4) 9
persons who are residents of rural areas of this State and are citizens of this State; 10
(5) persons who were formerly incarcerated and are citizens of this State; and (6) 11
persons who are under 26 years of age and are citizens of this State. 12
Section 3 of this bill requires a contractor or subcontractor engaged in: (1) 13
vertical construction who employs workers on one or more public works during a 14
calendar year to employ persons in accordance with the prescribed order of 15
preference in section 2 for at least 10 percent of the total hours of labor worked for 16
each public work; and (2) horizontal construction who employs workers on one or 17
more public works during a calendar year to employ persons in accordance with the 18
prescribed order of preference in section 2 for at least 3 percent of the total hours of 19
labor worked for each public work. 20
Existing law requires a contractor or subcontractor engaged in: (1) vertical 21
construction who employs workers on one or more public works during a calendar 22
year to use one or more apprentices for at least 10 percent of the total hours of labor 23
– 2 –
- *AB222*
worked for each apprenticed craft or type of work to be performed on those public 24
works; and (2) horizontal construction who employs workers on one or more public 25
works during a calendar year to use one or more apprentices for at least 3 percent of 26
the total hours of labor worked for each apprenticed craft or type of work to be 27
performed on those public works. (NRS 338.01165) Section 4 of this bill 28
additionally requires such a contractor or subcontractor engaged in: (1) vertical 29
construction that requires at least 400 hours of any apprenticed craft or type of 30
work to be performed on the public work, to use apprentices employed in 31
accordance with the prescribed order of preference in section 2 for at least 10 32
percent of the hours required to be performed by an apprentice; and (2) horizontal 33
construction that requires at least 800 hours of any apprenticed craft or type of 34
work to be performed on the public work, to use apprentices employed in 35
accordance with the prescribed order of preference in section 2 for at least 3 36
percent of the hours required to be performed by an apprentice. 37
Sections 3 and 4 authorize the Labor Commissioner to adjust the percentage of 38
total hours of labor prescribed in those sections. Sections 3 and 4 require a 39
contractor or subcontractor to: (1) maintain and provide to the Labor Commissioner 40
certain information and documentation to show that the contractor or subcontractor 41
made a good faith effort to comply with the annual requirements regarding 42
employment of persons in accordance with the prescribed order of preference in 43
section 2; and (2) on or before February 15 of each year, submit certain information 44
to the Labor Commissioner regarding the hours that were worked in a calendar year 45
on certain public works. 46
Sections 3 and 4 authorize a maximum administrative fine of $1,000 for a 47
contractor or subcontractor who violates the requirements of those sections and a 48
maximum period of disqualification from bidding on public works for second and 49
subsequent such violations. Section 7 of this bill makes an exception to the 50
provision in existing law governing the imposition of administrative penalties by 51
the Labor Commissioner for this new penalty. 52
Sections 5 and 6 of this bill make certain definitions in existing law relating to 53
apprentices applicable to sections 2-4. 54
Existing law requires public bodies to investigate possible violations of certain 55
provisions governing public works. Under existing law, any contractor or 56
subcontractor who fails to comply with such an investigation is guilty of a 57
misdemeanor. (NRS 338.070) Section 8 of this bill makes the requirement for 58
public bodies to investigate such possible violations, and the criminal penalty for 59
noncompliance with such an investigation, apply to possible violations of 60
sections 2-4. 61
Section 9 of this bill makes the administrative penalties for costs of 62
investigation and prosecution and the criminal penalty in existing law for violating 63
certain provisions governing public works apply to a person who violates 64
sections 2-4. 65
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2, 3 and 4 of this act. 2
Sec. 2. Preference in the employment of workers and 3
apprentices for the purposes of sections 3 and 4 of this act must be 4
given: 5
– 3 –
- *AB222*
1. First: To persons who are women and are citizens of this 1
State. 2
2. Second: To persons who: 3
(a) Have been honorably discharged from the Army, Navy, Air 4
Force, Marine Corps or Coast Guard of the United States, a 5
reserve component thereof or the National Guard; and 6
(b) Are citizens of this State. 7
3. Third: To persons who are residents of historically 8
underserved communities and are citizens of this State. 9
4. Fourth: To persons who are residents of rural areas of this 10
State and are citizens of this State. 11
5. Fifth: To persons who were formerly incarcerated and are 12
citizens of this State. 13
6. Sixth: To persons who are under 26 years of age and are 14
citizens of this State. 15
Sec. 3. 1. Notwithstanding any other provision of this 16
chapter and except as otherwise provided in this section, a 17
contractor or subcontractor engaged in vertical construction who 18
employs workers on one or more public works during a calendar 19
year pursuant to NRS 338.040 shall employ persons in accordance 20
with the provisions of section 2 of this act for at least 10 percent, 21
or any percentage established pursuant to subsection 3, of the total 22
hours of labor worked for each public work. 23
2. Notwithstanding any other provision of this chapter and 24
except as otherwise provided in this section, a contractor or 25
subcontractor engaged in horizontal construction who employs 26
workers on one or more public works during a calendar year 27
pursuant to NRS 338.040 shall employ persons in accordance with 28
the provisions of section 2 of this act for at least 3 percent, or any 29
percentage established pursuant to subsection 3, of the total hours 30
of labor worked for each public work. 31
3. The Labor Commissioner may adopt regulations to revise 32
the percentage of total hours of labor required to be performed 33
pursuant to subsection 1 or 2. 34
4. A contractor or subcontractor engaged on a public work 35
shall maintain and provide to the Labor Commissioner any 36
supporting documentation to show that the contractor or 37
subcontractor made a good faith effort to comply with subsection 1 38
or 2, as applicable, as determined by the Labor Commissioner. For 39
the purposes of this section, a contractor or subcontractor makes a 40
good faith effort to comply with subsection 1 or 2, as applicable, if 41
the contractor or subcontractor submits to the Labor 42
Commissioner: 43
(a) Documentation of conversations with community 44
organizations; or 45
– 4 –
- *AB222*
(b) Records that applicants or employees from the groups 1
described in section 2 of this act refused employment offers or 2
were unavailable or absent. 3
5. On or before February 15 of each year, a contractor or 4
subcontractor engaged in vertical or horizontal construction, as 5
applicable, who employs a worker on one or more public works 6
pursuant to NRS 338.040 shall report to the Labor Commissioner, 7
on the form prescribed by the Labor Commissioner, the following 8
information regarding those public works for the previous 9
calendar year: 10
(a) For each public work, the total number of hours worked on 11
vertical construction. 12
(b) For each public work, the total number of hours worked on 13
horizontal construction. 14
(c) For each public work, the total number of hours worked by 15
the persons employed in accordance with the provisions of section 16
2 of this act on vertical construction. 17
(d) For each public work, the total number of hours worked by 18
the persons employed in accordance with the provisions of section 19
2 of this act on horizontal construction. 20
(e) For each public work, the percentage of the total number 21
of hours worked on vertical construction that were worked by the 22
persons employed in accordance with the provisions of section 2 of 23
this act. 24
(f) For each public work, the percentage of the total number of 25
hours worked on horizontal construction that were worked by the 26
persons employed in accordance with the provisions of section 2 of 27
this act. 28
(g) The outreach efforts of the contractor or subcontractor to 29
employ persons in accordance with the provisions of section 2 of 30
this act and the results of such efforts. 31
6. The information required to be reported pursuant to 32
subsection 5 must not include any identifying information about a 33
public work or an apprentice or employee. 34
7. If the Labor Commissioner, on his or her own initiative or 35
based on a complaint, makes a determination based on the 36
information submitted pursuant to subsection 5 that a contractor 37
or subcontractor did not make a good faith effort to comply with 38
the provisions of subsection 1 or 2, as applicable, the Labor 39
Commissioner shall: 40
(a) Impose a penalty of not more than $1,000; and 41
(b) For a second or subsequent violation, disqualify the 42
contractor or subcontractor from being awarded a contract for a 43
period of not longer than 2 years. 44
– 5 –
- *AB222*
8. A contractor or subcontractor may request a hearing on 1
the determination of the Labor Commissioner pursuant to 2
subsection 7 within 10 days after receipt of the determination of 3
the Labor Commissioner. The hearing must be conducted in 4
accordance with regulations adopted by the Labor Commissioner. 5
If the Labor Commissioner does not receive a request for a 6
hearing pursuant to this subsection, the determination of the 7
Labor Commissioner is a final decision for the purposes of 8
judicial review pursuant to chapter 233B of NRS. 9
Sec. 4. 1. In addition to the requirements of subsection 1 of 10
NRS 338.01165, if any apprenticed craft or type of work to be 11
performed on those public works includes at least 400 hours of 12
such craft or type of work, a contractor or subcontractor shall use 13
apprentices employed in accordance with the provisions of section 14
2 of this act, for at least 10 percent, or any percentage established 15
pursuant to subsection 3, of the total hours required to be 16
performed by apprentices pursuant to subsection 1 of 17
NRS 338.01165. 18
2. In addition to the requirements of subsection 2 of NRS 19
338.01165, if any apprenticed craft or type of work to be 20
performed on those public works includes at least 800 hours of 21
such craft or type of work, a contractor or subcontractor shall use 22
apprentices employed in accordance with the provisions of section 23
2 of this act, for at least 3 percent, or any percentage established 24
pursuant to subsection 3, of the total hours required to be 25
performed by apprentices pursuant to subsection 2 of 26
NRS 338.01165. 27
3. The Labor Commissioner may adopt regulations to revise 28
the percentage of total hours of labor required to be performed 29
pursuant to subsection 1 or 2. 30
4. A contractor or subcontractor engaged on a public work 31
shall maintain and provide to the Labor Commissioner any 32
supporting documentation to show that the contractor or 33
subcontractor made a good faith effort to comply with subsection 1 34
or 2, as applicable, as determined by the Labor Commissioner. For 35
the purposes of this section, a contractor or subcontractor makes a 36
good faith effort to comply with subsection 1 or 2 if the contractor 37
or subcontractor submits to the Labor Commissioner: 38
(a) Documentation of conversations with apprenticeship 39
programs and community organizations; or 40
(b) Records that apprentices from the groups described in 41
section 2 of this act refused employment offers or were 42
unavailable or absent. 43
5. In addition to the report required by subsection 10 of NRS 44
338.01165, on or before February 15 of each year, a contractor or 45
– 6 –
- *AB222*
subcontractor engaged in vertical or horizontal construction, as 1
applicable, who is required to comply with subsection 1 or 2, as 2
applicable, on one or more public works, shall report to the Labor 3
Commissioner, on the form prescribed by the Labor 4
Commissioner, the following information regarding those public 5
works for the previous calendar year: 6
(a) For each apprenticed craft or type of work, the total 7
number of hours worked by apprentices who are employed in 8
accordance with the provisions of section 2 of this act on vertical 9
construction. 10
(b) For each apprenticed craft or type of work, the total 11
number of hours worked by apprentices who are employed in 12
accordance with the provisions of section 2 of this act on 13
horizontal construction. 14
(c) For each apprenticed craft or type of work, the percentage 15
of the total number of hours worked on vertical construction that 16
were worked by apprentices who are employed in accordance with 17
the provisions of section 2 of this act. 18
(d) For each apprenticed craft or type of work, the percentage 19
of the total number of hours worked on horizontal construction 20
that were worked by apprentices who are employed in accordance 21
with the provisions of section 2 of this act. 22
(e) The outreach efforts of the contractor or subcontractor to 23
employ apprentices in accordance with the provisions of section 2 24
of this act and the results of such efforts. 25
6. The information required to be reported pursuant to 26
subsection 5 must not include any identifying information about a 27
public work or an apprentice or employee. 28
7. If the Labor Commissioner, on his or her own initiative or 29
based on a complaint, makes a determination based on the 30
information submitted pursuant to subsection 5 that a contractor 31
or subcontractor did not make a good faith effort to comply with 32
the provisions of subsection 1 or 2, as applicable, the Labor 33
Commissioner shall: 34
(a) Impose a penalty of not more than $1,000; and 35
(b) For a second or subsequent violation, disqualify the 36
contractor or subcontractor from being awarded a contract for a 37
period of not longer than 2 years. 38
8. A contractor or subcontractor may request a hearing on 39
the determination of the Labor Commissioner pursuant to 40
subsection 7 within 10 days after receipt of the determination of 41
the Labor Commissioner. The hearing must be conducted in 42
accordance with regulations adopted by the Labor Commissioner. 43
If the Labor Commissioner does not receive a request for a 44
hearing pursuant to this subsection, the determination of the 45
– 7 –
- *AB222*
Labor Commissioner is a final decision for the purposes of 1
judicial review pursuant to chapter 233B of NRS. 2
9. To comply with the requirements of subsection 1 or 2, as 3
applicable, a contractor or subcontractor may coordinate with a 4
union, community organization or educational institution to create 5
a training program or establish a mentorship program within an 6
apprenticeship program. 7
Sec. 5. NRS 338.010 is hereby amended to read as follows: 8
338.010 As used in this chapter: 9
1. “Apprentice” means a person enrolled in an 10
apprenticeship program recognized by the State Apprenticeship 11
Council. 12
2. “Apprenticed craft or type of work” means a craft or type 13
of work for which there is an existing apprenticeship program. 14
3. “Apprenticeship program” means an apprenticeship 15
program recognized by the State Apprenticeship Council. 16
4. “Authorized representative” means a person designated by a 17
public body to be responsible for the development, solicitation, 18
award or administration of contracts for public works pursuant to 19
this chapter. 20
[2.] 5. “Bona fide fringe benefit” means a benefit in the form 21
of a contribution that is made not less frequently than monthly to an 22
independent third party pursuant to a fund, plan or program: 23
(a) Which is established for the sole and exclusive benefit of a 24
worker and his or her family and dependents; and 25
(b) For which none of the assets will revert to, or otherwise be 26
credited to, any contributing employer or sponsor of the fund, plan 27
or program. 28
The term includes, without limitation, benefits for a worker that 29
are determined pursuant to a collective bargaining agreement and 30
included in the determination of the prevailing wage by the Labor 31
Commissioner pursuant to NRS 338.030. 32
[3.] 6. “Contract” means a written contract entered into 33
between a contractor and a public body for the provision of labor, 34
materials, equipment or supplies for a public work. 35
[4.] 7. “Contractor” means: 36
(a) A person who is licensed pursuant to the provisions of 37
chapter 624 of NRS. 38
(b) A design-build team. 39
[5.] 8. “Day labor” means all cases where public bodies, their 40
officers, agents or employees, hire, supervise and pay the wages 41
thereof directly to a worker or workers employed by them on public 42
works by the day and not under a contract in writing. 43
– 8 –
- *AB222*
[6.] 9. “Design-build contract” means a contract between a 1
public body and a design-build team in which the design-build team 2
agrees to design and construct a public work. 3
[7.] 10. “Design-build team” means an entity that consists of: 4
(a) At least one person who is licensed as a general engineering 5
contractor or a general building contractor pursuant to chapter 624 6
of NRS; and 7
(b) For a public work that consists of: 8
(1) A building and its site, at least one person who holds a 9
certificate of registration to practice architecture pursuant to chapter 10
623 of NRS. 11
(2) Anything other than a building and its site, at least one 12
person who holds a certificate of registration to practice architecture 13
pursuant to chapter 623 of NRS or landscape architecture pursuant 14
to chapter 623A of NRS or who is licensed as a professional 15
engineer pursuant to chapter 625 of NRS. 16
[8.] 11. “Design professional” means: 17
(a) A person who is licensed as a professional engineer pursuant 18
to chapter 625 of NRS; 19
(b) A person who is licensed as a professional land surveyor 20
pursuant to chapter 625 of NRS; 21
(c) A person who holds a certificate of registration to engage in 22
the practice of architecture, interior design or residential design 23
pursuant to chapter 623 of NRS; 24
(d) A person who holds a certificate of registration to engage in 25
the practice of landscape architecture pursuant to chapter 623A of 26
NRS; or 27
(e) A business entity that engages in the practice of professional 28
engineering, land surveying, architecture or landscape architecture. 29
[9.] 12. “Discrete project” means one or more public works 30
which are undertaken on a single construction site for a single public 31
body. The term does not include one or more public works that are 32
undertaken on multiple construction sites regardless of whether the 33
public body which sponsors or finances the public works bundles 34
the public works together. 35
[10.] 13. “Division” means the State Public Works Division of 36
the Department of Administration. 37
[11.] 14. “Eligible bidder” means a person who is: 38
(a) Found to be a responsible and responsive contractor by a 39
local government or its authorized representative which requests 40
bids for a public work in accordance with paragraph (b) of 41
subsection 1 of NRS 338.1373; or 42
(b) Determined by a public body or its authorized representative 43
which awarded a contract for a public work pursuant to 44
– 9 –
- *AB222*
NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that 1
contract pursuant to NRS 338.1379 or 338.1382. 2
[12.] 15. “General contractor” means a person who is licensed 3
to conduct business in one, or both, of the following branches of the 4
contracting business: 5
(a) General engineering contracting, as described in subsection 2 6
of NRS 624.215. 7
(b) General building contracting, as described in subsection 3 of 8
NRS 624.215. 9
[13.] 16. “Governing body” means the board, council, 10
commission or other body in which the general legislative and fiscal 11
powers of a local government are vested. 12
[14.] 17. “Horizontal construction” means any construction, 13
alteration, repair, renovation, demolition or remodeling necessary to 14
complete a public work, including, without limitation, any 15
irrigation, drainage, water supply, flood control, harbor, railroad, 16
highway, tunnel, airport or airway, sewer, sewage disposal plant or 17
water treatment facility and any ancillary vertical components 18
thereof, bridge, inland waterway, pipeline for the transmission of 19
petroleum or any other liquid or gaseous substance, pier, and any 20
other work incidental thereto. The term does not include vertical 21
construction, the construction of any terminal or other building of an 22
airport or airway, or the construction of any other building. 23
[15.] 18. “Local government” means every political 24
subdivision or other entity which has the right to levy or receive 25
money from ad valorem or other taxes or any mandatory 26
assessments, and includes, without limitation, counties, cities, 27
towns, boards, school districts and other districts organized pursuant 28
to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of 29
NRS, NRS 450.550 to 450.750, inclusive, and any agency or 30
department of a county or city which prepares a budget separate 31
from that of the parent political subdivision. The term includes a 32
person who has been designated by the governing body of a local 33
government to serve as its authorized representative. 34
[16.] 19. “Offense” means: 35
(a) Failing to: 36
(1) Pay the prevailing wage required pursuant to this chapter; 37
(2) Pay the contributions for unemployment compensation 38
required pursuant to chapter 612 of NRS; 39
(3) Provide and secure compensation for employees required 40
pursuant to chapters 616A to 617, inclusive, of NRS; or 41
(4) Comply with subsection 5 or 6 of NRS 338.070. 42
(b) Discharging an obligation to pay wages in a manner that 43
violates the provisions of NRS 338.035. 44
[17.] 20. “Prime contractor” means a contractor who: 45
– 10 –
- *AB222*
(a) Contracts to construct an entire project; 1
(b) Coordinates all work performed on the entire project; 2
(c) Uses his or her own workforce to perform all or a part of the 3
public work; and 4
(d) Contracts for the services of any subcontractor or 5
independent contractor or is responsible for payment to any 6
contracted subcontractors or independent contractors. 7
The term includes, without limitation, a general contractor or a 8
specialty contractor who is authorized to bid on a project pursuant to 9
NRS 338.139 or 338.148. 10
[18.] 21. “Public body” means the State, county, city, town, 11
school district or any public agency of this State or its political 12
subdivisions sponsoring or financing a public work. 13
[19.] 22. “Public work” means any project for the new 14
construction, repair or reconstruction of a project financed in whole 15
or in part from public money for: 16
(a) Public buildings; 17
(b) Jails and prisons; 18
(c) Public roads; 19
(d) Public highways; 20
(e) Public streets and alleys; 21
(f) Public utilities; 22
(g) Publicly owned water mains and sewers; 23
(h) Public parks and playgrounds; 24
(i) Public convention facilities which are financed at least in part 25
with public money; and 26
(j) All other publicly owned works and property. 27
[20.] 23. “Specialty contractor” means a person who is 28
licensed to conduct business as described in subsection 4 of 29
NRS 624.215. 30
[21.] 24. “Stand-alone underground utility project” means an 31
underground utility project that is not integrated into a larger 32
project, including, without limitation: 33
(a) An underground sewer line or an underground pipeline for 34
the conveyance of water, including facilities appurtenant thereto; 35
and 36
(b) A project for the construction or installation of a storm drain, 37
including facilities appurtenant thereto, 38
that is not located at the site of a public work for the design and 39
construction of which a public body is authorized to contract with a 40
design-build team pursuant to subsection 2 of NRS 338.1711. 41
[22.] 25. “State Apprenticeship Council” means the State 42
Apprenticeship Council created by NRS 610.030. 43
26. “Subcontract” means a written contract entered into 44
between: 45
– 11 –
- *AB222*
(a) A contractor and a subcontractor or supplier; or 1
(b) A subcontractor and another subcontractor or supplier, 2
for the provision of labor, materials, equipment or supplies for a 3
construction project. 4
[23.] 27. “Subcontractor” means a person who: 5
(a) Is licensed pursuant to the provisions of chapter 624 of NRS 6
or performs such work that the person is not required to be licensed 7
pursuant to chapter 624 of NRS; and 8
(b) Contracts with a contractor, another subcontractor or a 9
supplier to provide labor, materials or services for a construction 10
project. 11
[24.] 28. “Supplier” means a person who provides materials, 12
equipment or supplies for a construction project. 13
[25.] 29. “Vertical construction” means any construction, 14
alteration, repair, renovation, demolition or remodeling necessary to 15
complete a public work for any building, structure or other 16
improvement that is predominantly vertical, including, without 17
limitation, a building, structure or improvement for the support, 18
shelter and enclosure of persons, animals, chattels or movable 19
property of any kind, and any other work or improvement 20
appurtenant thereto. 21
[26.] 30. “Wages” means: 22
(a) The basic hourly rate of pay; and 23
(b) The amount of pension, health and welfare, vacation and 24
holiday pay, the cost of apprenticeship training or other bona fide 25
fringe benefits which are a benefit to the worker. 26
[27.] 31. “Worker” means a skilled mechanic, skilled worker, 27
semiskilled mechanic, semiskilled worker or unskilled worker in the 28
service of a contractor or subcontractor under any appointment or 29
contract of hire or apprenticeship, express or implied, oral or 30
written, whether lawfully or unlawfully employed. The term does 31
not include a design professional. 32
Sec. 6. NRS 338.01165 is hereby amended to read as follows: 33
338.01165 1. Notwithstanding any other provision of this 34
chapter and except as otherwise provided in this section, a 35
contractor or subcontractor engaged in vertical construction who 36
employs workers on one or more public works during a calendar 37
year pursuant to NRS 338.040 shall use one or more apprentices for 38
at least 10 percent, or any increased percentage established pursuant 39
to subsection 3, of the total hours of labor worked for each 40
apprenticed craft or type of work to be performed on those public 41
works. 42
2. Notwithstanding any other provision of this chapter and 43
except as otherwise provided in this section, a contractor or 44
subcontractor engaged in horizontal construction who employs 45
– 12 –
- *AB222*
workers on one or more public works during a calendar year 1
pursuant to NRS 338.040 shall use one or more apprentices for at 2
least 3 percent, or any increased percentage established pursuant to 3
subsection 3, of the total hours of labor worked for each apprenticed 4
craft or type of work to be performed on those public works. 5
3. On or after January 1, 2021, the Labor Commissioner, in 6
collaboration with the State Apprenticeship Council, may adopt 7
regulations to increase the percentage of total hours of labor 8
required to be performed by an apprentice pursuant to subsection 1 9
or 2 by not more than 2 percentage points. 10
4. An apprentice who graduates from an apprenticeship 11
program while employed on a public work shall: 12
(a) Be deemed an apprentice on the public work for the purposes 13
of subsections 1 and 2. 14
(b) Be deemed a journeyman for all other purposes, including, 15
without limitation, the payment of wages or the payment of wages 16
and benefits to a journeyman covered by a collective bargaining 17
agreement. 18
5. If a contractor or subcontractor who is a signatory to a 19
collective bargaining agreement with a union that sponsors an 20
apprenticeship program for an apprenticed craft or type of work for 21
which the term of apprenticeship is not more than 3 years requests 22
an apprentice from that apprenticeship program and an apprentice in 23
the appropriate craft or type of work is not available, the contractor 24
or subcontractor may utilize a person who graduated from the 25
apprenticeship program in that craft or type of work within the 3 26
years immediately preceding the request from the contractor or 27
subcontractor. Such a person: 28
(a) Shall be deemed an apprentice on the public work for the 29
purposes of subsections 1 and 2. 30
(b) Shall be deemed a journeyman for all other purposes, 31
including, without limitation, the payment of wages and benefits to 32
a journeyman pursuant to the collective bargaining agreement. 33
6. A contractor or subcontractor engaged on a public work is 34
not required to use an apprentice in a craft or type of work 35
performed in a jurisdiction recognized by the State Apprenticeship 36
Council as not having apprentices in that craft or type of work. 37
7. A contractor or subcontractor engaged on a public work 38
shall maintain and provide to the Labor Commissioner any 39
supporting documentation to show that the contractor or 40
subcontractor made a good faith effort to comply with subsection 1 41
or 2, as applicable, as determined by the Labor Commissioner. For 42
purposes of this subsection, a contractor or subcontractor: 43
(a) Makes a good faith effort to comply with subsection 1 or 2, 44
as applicable, if the contractor or subcontractor: 45
– 13 –
- *AB222*
(1) Submits to the apprenticeship program, on the form 1
prescribed by the Labor Commissioner, a request for an apprentice 2
not earlier than 10 days before the contractor or subcontractor is 3
scheduled to begin work on the public work and not later than 5 4
days after the contractor or subcontractor actually begins work on 5
the public work. 6
(2) If the apprenticeship program does not provide an 7
apprentice for the appropriate apprenticed craft or type of work 8
upon a request pursuant to subparagraph (1), submits additional 9
requests to the apprenticeship program, on the form prescribed by 10
the Labor Commissioner, at least once every 30 days during the 11
period that the contractor or subcontractor is working on the public 12
work. If a contractor or subcontractor does not work continuously 13
on the public work, the contractor or subcontractor shall submit an 14
additional request each time that the contractor or subcontractor 15
resumes work on the public work not earlier than 10 days before the 16
contractor or subcontractor is scheduled to resume work on the 17
public work and not later than 5 days after the contractor or 18
subcontractor actually resumes work on the public work. The 19
requirement for the submission of an additional request in this 20
subparagraph does not apply whenever a contractor or subcontractor 21
has one or more apprentices employed for that apprenticed craft or 22
type of work. 23
(b) Does not make a good faith effort to comply with subsection 24
1 or 2, as applicable, as determined by the Labor Commissioner, if 25
the contractor or subcontractor is required to enter into an 26
apprenticeship agreement pursuant to subsection 16 and refuses to 27
do so. 28
8. The supporting documentation required pursuant to 29
subsection 7 may include, without limitation: 30
(a) Documentation of the submission by the contractor or 31
subcontractor of one or more requests, as applicable, pursuant to 32
subsection 7; and 33
(b) Documentation that the apprenticeship program denied such 34
a request, did not respond to such a request or responded that the 35
program was unable to provide the requested apprentice. 36
9. The contractor or subcontractor and the apprenticeship 37
program shall coordinate the starting date for any apprentice 38
provided by the program. 39
10. On or before February 15 of each year, a contractor or 40
subcontractor engaged in vertical or horizontal construction, as 41
applicable, who employs a worker on one or more public works 42
pursuant to NRS 338.040 shall report to the Labor Commissioner, 43
on the form prescribed by the Labor Commissioner, the following 44
– 14 –
- *AB222*
information regarding those public works for the previous calendar 1
year: 2
(a) For each apprenticed craft or type of work, the total number 3
of hours worked on vertical construction. 4
(b) For each apprenticed craft or type of work, the total number 5
of hours worked on horizontal construction. 6
(c) For each apprenticed craft or type of work, the total number 7
of hours worked by apprentices on vertical construction. 8
(d) For each apprenticed craft or type of work, the total number 9
of hours worked by apprentices on horizontal construction. 10
(e) For each apprenticed craft or type of work, the percentage of 11
the total number of hours worked on vertical construction that were 12
worked by apprentices. 13
(f) For each apprenticed craft or type of work, the percentage of 14
the total number of hours worked on horizontal construction that 15
were worked by apprentices. 16
11. The information required to be reported pursuant to 17
subsection 10 must not include any identifying information about a 18
public work or an apprentice or employee. 19
12. If the Labor Commissioner, on his or her own initiative or 20
based on a complaint, makes a determination based on the 21
information submitted pursuant to subsection 10 that a contractor or 22
subcontractor did not make a good faith effort to comply with the 23
provisions of subsection 1 or 2, as applicable, the Labor 24
Commissioner shall notify the contractor or subcontractor in writing 25
of the determination and: 26
(a) Except as otherwise provided in paragraph (b), shall assess a 27
penalty as follows: 28
(1) If the apprentice utilization rate by the contractor or 29
subcontractor on vertical construction of a public work is: 30
(I) Seven and one-half percent or more but less than 10 31
percent of the total hours of labor worked for an apprenticed craft or 32
type of work, a penalty of $2,500 or $2 for each hour below the 33
percentage required, whichever is higher. 34
(II) More than 4 percent but less than 7.5 percent of the 35
total hours of labor worked for an apprenticed craft or type of work, 36
a penalty of $3,000 or $4 for each hour below the percentage 37
required, whichever is higher. 38
(III) Four percent or less of the total hours of labor 39
worked for an apprenticed craft or type of work, a penalty of $5,000 40
or $6 for each hour below the percentage required, whichever is 41
higher. 42
(2) If the apprentice utilization rate by the contractor or 43
subcontractor on horizontal construction of a public work is: 44
– 15 –
- *AB222*
(I) Two percent or more but less than 3 percent of the 1
total hours of labor worked for an apprenticed craft or type of work, 2
a penalty of $2,500 or $2 for each hour below the percentage 3
required, whichever is higher. 4
(II) More than 1 percent but less than 2 percent of the 5
total hours of labor worked for an apprenticed craft or type of work, 6
a penalty of $3,000 or $4 for each hour below the percentage 7
required, whichever is higher. 8
(III) One percent or less of the total hours of labor worked 9
for an apprenticed craft or type of work, a penalty of $5,000 or $6 10
for each hour below the percentage required, whichever is higher. 11
(b) Shall not assess a penalty if the total number of hours of 12
labor required to be worked by apprentices: 13
(1) On vertical construction pursuant to subsection 1, as 14
applicable, during the previous calendar year is less than 40 hours. 15
(2) On horizontal construction pursuant to subsection 2, as 16
applicable, during the previous calendar year is less than 24 hours. 17
13. Except for good cause, the Labor Commissioner may not 18
initiate his or her own investigation or accept a complaint based on 19
the information submitted by a contractor or subcontractor pursuant 20
to subsection 10 after May 1 immediately following the date on 21
which the report was received by the Labor Commissioner. 22
14. In addition to the penalties set forth in subsection 12, if the 23
Labor Commissioner, on his or her own initiative or based on a 24
complaint, makes a determination that a contractor or subcontractor 25
did not submit the report required pursuant to subsection 10 or made 26
no attempt to comply with the provisions of subsection 1 or 2, as 27
applicable, the Labor Commissioner shall: 28
(a) Impose a penalty of not less than $10,000 but not more than 29
$75,000; or 30
(b) Disqualify the contractor or subcontractor from being 31
awarded a contract for a public work for at least 180 days but not 32
more than 2 years. 33
15. A contractor or subcontractor may request a hearing on the 34
determination of the Labor Commissioner pursuant to subsection 12 35
or 14 within 10 days after receipt of the determination of the Labor 36
Commissioner. The hearing must be conducted in accordance with 37
regulations adopted by the Labor Commissioner. If the Labor 38
Commissioner does not receive a request for a hearing pursuant to 39
this subsection, the determination of the Labor Commissioner is a 40
final decision for the purposes of judicial review pursuant to chapter 41
233B of NRS. 42
16. A contractor or subcontractor who is not a signatory to a 43
collective bargaining agreement with the union sponsoring the 44
apprenticeship program for an apprenticed craft or type of work 45
– 16 –
- *AB222*
engaged on a public work shall enter into an apprenticeship 1
agreement for each apprentice required to be used in the 2
construction of a public work. 3
17. As used in this section [: 4
(a) “Apprentice” means a person enrolled in an apprenticeship 5
program recognized by the State Apprenticeship Council. 6
(b) “Apprenticed craft or type of work” means a craft or type of 7
work for which there is an existing apprenticeship program 8
recognized by the State Apprenticeship Council. 9
(c) “Apprenticeship program” means an apprenticeship program 10
recognized by the State Apprenticeship Council. 11
(d) “Journeyman”] , “journeyman” has the meaning ascribed to 12
it in NRS 624.260. 13
[(e) “State Apprenticeship Council” means the State 14
Apprenticeship Council created by NRS 610.030.] 15
Sec. 7. NRS 338.015 is hereby amended to read as follows: 16
338.015 1. The Labor Commissioner shall enforce the 17
provisions of NRS 338.010 to 338.130, inclusive [.] , and sections 18
2, 3 and 4 of this act. 19
2. Except as otherwise provided in NRS 338.035 and 20
338.01165 and sections 3 and 4 of this act, and in addition to any 21
other remedy or penalty provided in this chapter, if any person, 22
including, without limitation, a public body, violates any provision 23
of NRS 338.010 to 338.130, inclusive, and sections 2, 3 and 4 of 24
this act, or any regulation adopted pursuant thereto, the Labor 25
Commissioner may, after providing the person with notice and an 26
opportunity for a hearing, impose against the person an 27
administrative penalty of not more than $5,000 for each such 28
violation. 29
3. The Labor Commissioner may, by regulation, establish a 30
sliding scale based on the severity of the violation to determine the 31
amount of the administrative penalty to be imposed against the 32
person pursuant to this section. 33
4. The Labor Commissioner shall report the violation to the 34
Attorney General, and the Attorney General may prosecute the 35
person in accordance with law. 36
Sec. 8. NRS 338.070 is hereby amended to read as follows: 37
338.070 1. Any public body awarding a contract shall: 38
(a) Investigate possible violations of the provisions of NRS 39
338.010 to 338.090, inclusive, and sections 2, 3 and 4 of this act, 40
committed in the course of the execution of the contract, and 41
determine whether a violation has been committed and inform the 42
Labor Commissioner of any such violations; and 43
(b) When making payments to the contractor engaged on the 44
public work of money becoming due under the contract, withhold 45
– 17 –
- *AB222*
and retain all sums forfeited pursuant to the provisions of NRS 1
338.010 to 338.090, inclusive [.] , and sections 2, 3 and 4 of this 2
act. 3
2. No sum may be withheld, retained or forfeited, except from 4
the final payment, without a full investigation being made by the 5
awarding public body. 6
3. Except as otherwise provided in subsection 7, it is lawful for 7
any contractor engaged on a public work to withhold from any 8
subcontractor engaged on the public work sufficient sums to cover 9
any penalties withheld from the contractor by the awarding public 10
body on account of the failure of the subcontractor to comply with 11
the terms of NRS 338.010 to 338.090, inclusive [.] , and sections 2, 12
3 and 4 of this act. If payment has already been made to the 13
subcontractor, the contractor may recover from the subcontractor the 14
amount of the penalty or forfeiture in a suit at law. 15
4. A contractor engaged on a public work and each 16
subcontractor engaged on the public work shall: 17
(a) Inquire of each worker employed by the contractor or 18
subcontractor in connection with the public work: 19
(1) Whether the worker wishes to specify voluntarily his or 20
her gender; and 21
(2) Whether the worker wishes to specify voluntarily his or 22
her ethnicity; and 23
(b) For each response the contractor or subcontractor receives 24
pursuant to paragraph (a): 25
(1) If the worker chose voluntarily to specify his or her 26
gender or ethnicity, or both, record the worker’s responses; and 27
(2) If the worker declined to specify his or her gender or 28
ethnicity, or both, record that the worker declined to specify such 29
information. 30
A contractor or subcontractor shall not compel or coerce a worker 31
to specify his or her gender or ethnicity and shall not penalize or 32
otherwise take any adverse action against a worker who declines to 33
specify his or her gender or ethnicity. Before inquiring as to whether 34
a worker wishes to specify voluntarily his or her gender or ethnicity, 35
the applicable contractor or subcontractor must inform the worker 36
that such information, if provided, will be open to public inspection 37
as set forth in subsection 6. 38
5. A contractor engaged on a public work and each 39
subcontractor engaged on the public work shall keep or cause to be 40
kept: 41
(a) An accurate record showing, for each worker employed by 42
the contractor or subcontractor in connection with the public work: 43
(1) The name of the worker; 44
(2) The occupation of the worker; 45
– 18 –
- *AB222*
(3) The gender of the worker, if the worker voluntarily 1
agreed to specify that information pursuant to subsection 4, or an 2
entry indicating that the worker declined to specify such 3
information; 4
(4) The ethnicity of the worker, if the worker voluntarily 5
agreed to specify that information pursuant to subsection 4, or an 6
entry indicating that the worker declined to specify such 7
information; 8
(5) If the worker has a driver’s license or identification card, 9
an indication of the state or other jurisdiction that issued the license 10
or card; and 11
(6) The actual per diem, wages and benefits paid to the 12
worker; and 13
(b) An additional accurate record showing, for each worker 14
employed by the contractor or subcontractor in connection with the 15
public work who has a driver’s license or identification card: 16
(1) The name of the worker; 17
(2) The driver’s license number or identification card number 18
of the worker; and 19
(3) The state or other jurisdiction that issued the license or 20
card. 21
6. The records maintained pursuant to subsection 5 must be 22
open at all reasonable hours to the inspection of the public body 23
awarding the contract. The contractor engaged on the public work or 24
subcontractor engaged on the public work shall ensure that a copy of 25
each record for each calendar month is received by the public body 26
awarding the contract no later than 15 days after the end of the 27
month. The copy of the record maintained pursuant to paragraph (a) 28
of subsection 5 must be open to public inspection as provided in 29
NRS 239.010. The copy of the record maintained pursuant to 30
paragraph (b) of subsection 5 is confidential and not open to public 31
inspection. The records in the possession of the public body 32
awarding the contract may be discarded by the public body 2 years 33
after final payment is made by the public body for the public work. 34
The Labor Commissioner shall adopt regulations authorizing and 35
prescribing the procedures for the electronic filing of the copies of 36
the records required to be provided monthly by a contractor or 37
subcontractor to a public body pursuant to this subsection. 38
7. A contractor engaged on a public work shall not withhold 39
from a subcontractor engaged on the public work the sums 40
necessary to cover any penalties provided pursuant to subsection 3 41
of NRS 338.060 that may be withheld from the contractor by the 42
public body awarding the contract because the public body did not 43
receive a copy of the record maintained by the subcontractor 44
– 19 –
- *AB222*
pursuant to subsection 5 for a calendar month by the time specified 1
in subsection 6 if: 2
(a) The subcontractor provided to the contractor, for submission 3
to the public body by the contractor, a copy of the record not later 4
than the later of: 5
(1) Ten days after the end of the month; or 6
(2) A date agreed upon by the contractor and subcontractor; 7
and 8
(b) The contractor failed to submit the copy of the record to the 9
public body by the time specified in subsection 6. 10
Nothing in this subsection prohibits a subcontractor from 11
submitting a copy of a record for a calendar month directly to the 12
public body by the time specified in subsection 6. 13
8. Any contractor or subcontractor, or agent or representative 14
thereof, performing work for a public work who neglects to comply 15
with the provisions of this section is guilty of a misdemeanor. 16
Sec. 9. NRS 338.090 is hereby amended to read as follows: 17
338.090 1. Except as otherwise provided in subsection 5, any 18
person, including the officers, agents or employees of a public body, 19
who violates any provision of NRS 338.010 to 338.090, inclusive, 20
and sections 2, 3 and 4 of this act, or any regulation adopted 21
pursuant thereto, is guilty of a misdemeanor. 22
2. The Labor Commissioner, in addition to any other remedy or 23
penalty provided in this chapter: 24
(a) Shall, except as otherwise provided in subsection 4, assess a 25
person who, after an opportunity for a hearing, is found to have 26
failed to pay the prevailing wage required pursuant to NRS 338.020 27
to 338.090, inclusive, an amount equal to the difference between the 28
prevailing wages required to be paid and the wages that the 29
contractor or subcontractor actually paid; 30
(b) Shall require a person found to have willfully and repeatedly 31
failed to pay the prevailing wage required pursuant to NRS 338.020 32
to 338.090, inclusive, to pay damages to each affected worker in an 33
amount equal to the difference between the prevailing wages 34
required to be paid and the wages that the contractor or 35
subcontractor actually paid to the worker; and 36
(c) May, in addition to any other administrative penalty, impose 37
an administrative penalty not to exceed the costs incurred by the 38
Labor Commissioner to investigate and prosecute the matter. 39
3. If the Labor Commissioner finds that a person has failed to 40
pay the prevailing wage required pursuant to NRS 338.020 to 41
338.090, inclusive, the public body may, in addition to any other 42
remedy or penalty provided in this chapter, require the person to pay 43
the actual costs incurred by the public body to investigate the 44
matter. 45
– 20 –
- *AB222*
4. The Labor Commissioner is not required to assess a person 1
an amount equal to the difference between the prevailing wages 2
required to be paid and the wages that the contractor or 3
subcontractor actually paid if the contractor or subcontractor has 4
already paid that amount to a worker pursuant to paragraph (c) of 5
subsection 4 of NRS 338.035. 6
5. The provisions of subsection 1 do not apply to a 7
subcontractor specified in NRS 338.072. 8
Sec. 10. The initial reports required pursuant to subsection 5 9
of section 3 of this act and subsection 5 of section 4 of this act, must 10
be submitted on or before February 15, 2027, and must include 11
information for the period which begins on October 1, 2025, and 12
ends on December 31, 2026. 13
Sec. 11. The amendatory provisions of this act do not apply to 14
a contract for a public work for which bids have been submitted 15
before October 1, 2025. 16
H