EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 338 of NRS is hereby amended by adding thereto a

1-15 subcontractor who provides benefits:

2-1 (a) Directly to his workmen, pursuant to the terms of employment

2-2 established by the contractor or subcontractor; and

2-3 (b) That cost less to provide than the benefits provided by the local

2-4 labor organization to which his workmen would most likely belong if they

2-5 were to choose to become members of a labor organization,

2-6 to agree to pay directly to his workmen the difference between the cost of

2-7 the benefits that he provides to his workmen and the cost of the benefits

2-8 that the local labor organization provides to its members.

2-9 3. A public body that awards a contract for a public work may, as a

2-10 condition of bidding on the contract, being awarded the contract or being

2-11 hired to work pursuant to the contract, require a contractor or

2-12 subcontractor to agree that if, after the public work commences, it is

2-13 determined that more workmen or workmen of a different trade are

2-14 needed to complete the project than are currently employed by the

2-15 contractors and subcontractors currently engaged on the public work, the

2-16 contractor or subcontractor will hire only workmen who have been

2-17 referred to the contractor or subcontractor by a labor organization.

2-18 4. As used in this section, the term "benefits" means the benefits

2-19 described in paragraph (b) of subsection 6 of NRS 338.010.

2-20 Sec. 2. NRS 338.015 is hereby amended to read as follows:

2-21 338.015 1. The labor commissioner shall enforce the provisions of

2-28 law.

2-29 Sec. 3. NRS 338.090 is hereby amended to read as follows:

2-30 338.090 1. Any person, including the officers, agents or employees

2-40 costs he incurred to investigate and prosecute the matter.

2-41 Sec. 4. NRS 341.161 is hereby amended to read as follows:

2-42 341.161 1. The board may, with the approval of the interim finance

2-43 committee when the legislature is not in regular or special session, or with

3-1 the approval of the legislature by concurrent resolution when the legislature

3-2 is in regular or special session, let to a contractor licensed under chapter

3-3 624 of NRS a contract for services which assist the architect in the design

3-4 of a project of capital improvement. The board shall , for that purpose ,

3-5 participate in the development of plans, outlines of specifications and

3-6 estimates of costs.

3-7 2. The board shall adopt regulations establishing procedures for:

3-8 (a) The determination of the qualifications of contractors to bid for

3-9 contracts for services described in subsection 1.

3-10 (b) The bidding and awarding of such contracts, subject to the

3-11 provisions of subsection 3 [.] and section 1 of this act.

3-12 (c) The awarding of construction contracts, subject to the provisions of

3-13 subsection 4 [,] and section 1 of this act, based on a final cost of the

3-14 project which the contractor guarantees will not be exceeded.

3-15 (d) The scheduling and controlling of projects.

3-16 3. Bids on contracts for services which assist the architect in the design

3-17 of a project of capital improvement must state separately the contractor’s

3-18 cost for:

3-19 (a) Assisting the architect in the design of the project.

3-20 (b) Obtaining all bids for subcontracts.

3-21 (c) Administering the construction contract.

3-22 4. A contractor who is:

3-23 (a) Qualified under the regulations of the board to bid for a contract for

3-24 services described in subsection 1; and

3-25 (b) Awarded that contract,

3-26 is entitled to be awarded the construction contract for the project if his

3-27 work under the contract for services is satisfactory to the board and he

3-28 guarantees a final cost for the project which the board is willing to accept.

3-29 5. A person who furnishes services under a contract awarded pursuant

3-30 to subsection 1 is a contractor subject to all provisions pertaining to a

3-31 contractor in Title 28 of NRS.

3-32 Sec. 5. NRS 341.171 is hereby amended to read as follows:

3-33 341.171 1. The board may, with the approval of the interim finance

4-1 (a) The determination of the qualifications of contractors to bid for

4-2 contracts for the design and construction of such projects. The board shall

4-3 consult with the American Institute of Architects and the Associated

4-4 General Contractors, or the successor of either if the named organization

4-5 ceases to exist, before adopting procedures under this paragraph.

4-6 (b) The board’s approval of designs and architects employed in a

4-7 project.

4-8 (c) The bidding and awarding of contracts for the design and

4-9 construction of projects , subject to the provisions of section 1 of this act,

4-10 based on a final cost of the project which the contractor guarantees will not

4-11 be exceeded.

4-12 (d) The scheduling and controlling of projects.

4-13 Sec. 6. NRS 271.335 is hereby amended to read as follows:

4-14 271.335 1. No contract for doing construction work for acquiring or

4-42 furnished and labor and services rendered for the performance of the

5-1 contract, and that any person furnishing the materials or rendering the

5-2 services may maintain an action to recover for them against the obligor in

5-3 the undertaking as though the person was named therein.

5-4 9. A contract or agreement made in violation of the provisions of this

5-5 section is voidable, and no action may be maintained thereon by any party

5-6 thereto against the municipality.

5-7 10. To the extent the municipality makes any payment thereunder, such

5-8 a contract or agreement is valid, and any such payment may be included in

5-9 any cost defrayed by the levy of assessments, unless theretofore the

5-10 municipality elects to void the contract or agreement in its entirety and to

5-11 recover any such payment from the party to whom made.

5-12 11. The governing body, except as expressly limited in this section [,]

5-13 or as otherwise provided in section 1 of this act, may, in the letting of

5-14 contracts, impose such conditions upon bidders with regard to bonds and

5-15 securities, and such guaranties of good and faithful performance and

5-16 completion of any work and the keeping of the work in repair, and

5-17 providing for any further matter or thing in connection therewith, as may be

5-18 considered by the governing body to be advantageous to the municipality

5-19 and to all interested.

5-20 Sec. 7. The amendatory provisions of this act do not apply to offenses

5-21 that were committed before October 1, 1999.