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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