Nevada AB 190: Revises provisions relating to certain construction. (BDR 28-637)

Status: Approved by the Governor. Chapter 132. (as of 2019-05-25)

State: Nevada · Session: 80 · Bill: AB 190

Subjects: AUCTIONS, CONTRACTORS, TAX INCREMENT AREAS, ATTORNEY GENERAL, AIRPORT AUTHORITIES, SCHOOLS, CHARTER (See also SCHOOLS, PUBLIC), WATER, COMMUNITY REDEVELOPMENT, STATE PURCHASING, SCHOOL BUILDINGS AND GROUNDS, FLOOD CONTROL, LABOR ORGANIZATIONS, EMPLOYMENT, TRAINING AND REHABILITATION, DEPARTMENT OF, BOND ISSUES, NEVADA SYSTEM OF HIGHER EDUCATION, RENO‑TAHOE AIRPORT AUTHORITY, LOCAL GOVERNMENT PURCHASING, WASHOE COUNTY (See also COUNTIES), HIGHWAYS AND ROADS, GENERAL IMPROVEMENT DISTRICTS (See also DISTRICTS), LABOR COMMISSIONER, PUBLIC WORKS, RENEWABLE ENERGY, LOCAL IMPROVEMENT DISTRICTS (See also DISTRICTS), FINES

Sponsors: Assemblyman Alexander Assefa, Assemblyman Edgar Flores, Assemblyman Greg Smith, Assemblyman Howard Watts, Assemblyman Jason Frierson, Assemblyman Ozzie Fumo, Assemblyman Richard Carrillo, Assemblyman Skip Daly, Assemblyman Steve Yeager, Assemblyman Tyrone Thompson, Assemblyman William McCurdy, Assemblywoman Bea Duran, Assemblywoman Brittney Miller, Assemblywoman Connie Munk, Assemblywoman Daniele Monroe-Moreno, Assemblywoman Dina Neal, Assemblywoman Ellen Spiegel, Assemblywoman Heidi Swank, Assemblywoman Lesley Cohen, Assemblywoman Maggie Carlton, Assemblywoman Michelle Gorelow, Assemblywoman Rochelle Nguyen, Assemblywoman Sandra Jauregui, Assemblywoman Sarah Peters, Assemblywoman Selena Torres

Bill Text

A.B. 190 
 
- *AB190* 
 
ASSEMBLY BILL NO. 190–ASSEMBLYMEN DALY, MCCURDY, 
CARRILLO, FUMO, FLORES; ASSEFA, BACKUS, BENITEZ-
THOMPSON, BILBRAY-AXELROD, CARLTON, COHEN, 
DURAN, FRIERSON, GORELOW, JAUREGUI, MARTINEZ, 
MILLER, MONROE-MORENO, MUNK, NGUYEN, PETERS, 
SPIEGEL, SPRINKLE, SWANK, THOMPSON, TORRES, WATTS 
AND YEAGER 
 
FEBRUARY 18, 2019 
____________ 
 
JOINT SPONSORS: SENATORS PARKS, OHRENSCHALL,  
CANCELA; AND DENIS 
____________ 
 
Referred to Committee on Government Affairs 
 
SUMMARY—Revises  provisions  relating  to certain  construction. 
(BDR 28-637) 
 
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 construction; revising the requirements pursuant 
to which a contractor or subcontractor engaged on a public 
work may discharge his or her obligation to pay prevailing 
wages   to   workers;   revising   provisions   relating   to   the 
determination   of   the   prevailing   wages   by   the   Labor 
Commissioner  and  the  duration  of  such  rates  on  a  public 
work;    decreasing    the    minimum    threshold    for    the 
applicability    of    the    prevailing    wage    requirements; 
eliminating  the  exemption  for  charter  schools  from  the 
requirement to pay prevailing wages on their public works; 
clarifying  the  application  of  prevailing  wage  requirements 
to  certain  construction  projects  that  are  not  public  works; 
eliminating certain prohibitions relating to agreements with 
labor organizations concerning contracts with a public body 
for a public work or with an awardee of certain grants, tax 
abatements,  tax  credits  or  tax  exemptions  from  a  public 
body; and providing other matters properly relating thereto. 

 
 – 2 – 
 
 
- *AB190* 
Legislative Counsel’s Digest: 
 Existing law sets forth general provisions applicable to public works, including 1 
provisions  requiring,  with  certain  exceptions,  the payment  of  prevailing  wages  for 2 
public works projects. (NRS 338.010-338.090) Under existing law, a contractor or 3 
subcontractor  engaged  on  a  public  work  is  authorized  to  discharge  his  or  her 4 
obligation   to   pay   prevailing   wages   to   workers   in   part   by   making   certain 5 
contributions in the name of the worker. (NRS 338.035) Section 5 of this bill sets 6 
forth the requirements pursuant to which a contractor or subcontractor engaged on a 7 
public work may discharge any part of his or her obligation to pay prevailing wages 8 
to a worker by providing bona fide fringe benefits in the name of the worker. Those 9 
requirements include, among other things, that the bona fide fringe benefits are paid 10 
equally for all hours worked in a calendar year by the worker for the contractor or 11 
subcontractor. Section 1 of this bill defines “bona fide fringe benefits” to mean a 12 
benefit in the form of a contribution that is made not less frequently than  monthly 13 
to  an  independent  third  party  pursuant  to  a  fund,  plan  or  program:  (1)  which  is 14 
established for the sole and exclusive benefit of a worker and his or her family and 15 
dependents;  and  (2)  for  which  none  of  the  assets  will  revert  to,  or  otherwise  be 16 
credited  to,  any  contributing  employer  or  sponsor  of  the  fund,  plan  or  program. 17 
Sections 2 and 8 of this bill makes conforming changes. 18 
 Section 5 requires  the  Labor  Commissioner,  after  providing  notice  and  an 19 
opportunity  for  a  hearing,  to:  (1)  impose  an  administrative  penalty  against  a 20 
contractor or subcontractor who discharges any part of his or her obligation to pay 21 
prevailing   wages   in   an   unauthorized   manner;   (2)   require   the   contractor   or 22 
subcontractor to make the affected worker whole by paying to the worker as wages 23 
any amounts disallowed as bona fide fringe benefits; (3) report the violation to the 24 
Attorney  General;  and  (4)  notify  certain  entities  of  the  violation.  Existing  law 25 
provides that if an administrative penalty is imposed against a person for an offense 26 
concerning public works: (1) the person and any corporate officer of the person are 27 
prohibited  from  receiving  a  contract  for  a  public  work  for  specified  periods 28 
depending on the number of offenses; and (2) the Labor Commissioner is required 29 
to  notify  the  State  Contractors’  Board  with  regard  to  each  contractor  who  is 30 
prohibited from being awarded such a contract. (NRS 338.010, 338.017) Section 1 31 
of this bill makes a violation of section 5 an “offense” for that purpose. Sections 2, 32 
3, 6 and 9 of this bill make conforming changes. 33 
 Existing  law  requires  the  Labor  Commissioner  to  determine  the  prevailing 34 
wage  in  a  county  for  each  craft  or  type  of  work.  (

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