Assembly Bill No. 48–Assemblywoman Giunchigliani

 

February 5, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Provides expressly that certain provisions related to labor include persons unlawfully employed. (BDR 53‑601)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to labor; providing expressly that the duties of the Labor Commissioner include the enforcement of certain provisions related to labor without regard to whether a person is lawfully or unlawfully employed; providing expressly that the provisions relating to compensation, wages and hours include persons unlawfully employed by revising the definition of “employee”; providing expressly that the provisions relating to occupational safety and health include persons unlawfully employed by revising the definition of “employee”; providing expressly that the provisions relating to public works projects include persons unlawfully employed by revising the definition of “workman”; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 607 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  The Labor Commissioner shall enforce the provisions of

1-4  chapters 338 and 609 of NRS without regard to whether an

1-5  employee or workman, including, without limitation, an alien, is

1-6  lawfully or unlawfully employed to the extent that doing so does

1-7  not conflict with or infringe upon federal law.

2-1  Sec. 2.  NRS 608.010 is hereby amended to read as follows:

2-2  608.010  “Employee” includes both male and female persons[.]

2-3  in the service of an employer under any appointment or contract

2-4  of hire or apprenticeship, express or implied, oral or written,

2-5  whether lawfully or unlawfully employed, and includes, without

2-6  limitation, aliens to the extent that doing so does not conflict with

2-7  or infringe upon federal law.

2-8  Sec. 3.  NRS 618.085 is hereby amended to read as follows:

2-9  618.085  “Employee” means every person who is required,

2-10  permitted or directed by any employer to engage in any

2-11  employment, or to go to work or be at any time in any place of

2-12  employment[.] , under any appointment or contract of hire or

2-13  apprenticeship, express or implied, oral or written, whether

2-14  lawfully or unlawfully employed, and includes, without limitation,

2-15  aliens to the extent that doing so does not conflict with or infringe

2-16  upon federal law.

2-17      Sec. 4.  NRS 338.010 is hereby amended to read as follows:

2-18      338.010  As used in this chapter:

2-19      1.  “Day labor” means all cases where public bodies, their

2-20  officers, agents or employees, hire, supervise and pay the wages

2-21  thereof directly to a workman or workmen employed by them on

2-22  public works by the day and not under a contract in writing.

2-23      2.  “Design-build contract” means a contract between a public

2-24  body and a design-build team in which the design-build team agrees

2-25  to design and construct a public work.

2-26      3.  “Design-build team” means an entity that consists of:

2-27      (a) At least one person who is licensed as a general engineering

2-28  contractor or a general building contractor pursuant to chapter

2-29  624 of NRS; and

2-30      (b) For a public work that consists of:

2-31          (1) A building and its site, at least one person who holds a

2-32  certificate of registration to practice architecture pursuant to chapter

2-33  623 of NRS.

2-34          (2) Anything other than a building and its site, at least one

2-35  person who holds a certificate of registration to practice architecture

2-36  pursuant to chapter 623 of NRS or is licensed as a professional

2-37  engineer pursuant to chapter 625 of NRS.

2-38      4.  “Design professional” means:

2-39      (a) A person who is licensed as a professional engineer pursuant

2-40  to chapter 625 of NRS;

2-41      (b) A person who is licensed as a professional land surveyor

2-42  pursuant to chapter 625 of NRS;

2-43      (c) A person who holds a certificate of registration to engage in

2-44  the practice of architecture pursuant to chapter 623 of NRS;

3-1  (d) A person who holds a certificate of registration to engage in

3-2  the practice of landscape architecture pursuant to chapter 623A

3-3  of NRS; or

3-4  (e) A business entity that engages in the practice of professional

3-5  engineering, land surveying, architecture or landscape architecture.

3-6  5.  “Eligible bidder” means a person who is:

3-7  (a) Found to be a responsible and responsive contractor by a

3-8  local government which requests bids for a public work in

3-9  accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

3-10      (b) Determined by a public body which awarded a contract for a

3-11  public work pursuant to NRS 338.1375 to 338.139, inclusive, to be

3-12  qualified to bid on that contract pursuant to NRS 338.1379 or was

3-13  exempt from meeting such qualifications pursuant to

3-14  NRS 338.1383.

3-15      6.  “General contractor” means a person who is licensed to

3-16  conduct business in one, or both, of the following branches of the

3-17  contracting business:

3-18      (a) General engineering contracting, as described in subsection 2

3-19  of NRS 624.215.

3-20      (b) General building contracting, as described in subsection 3 of

3-21  NRS 624.215.

3-22      7.  “Local government” means every political subdivision or

3-23  other entity which has the right to levy or receive money from ad

3-24  valorem or other taxes or any mandatory assessments, and includes,

3-25  without limitation, counties, cities, towns, boards, school districts

3-26  and other districts organized pursuant to chapters 244A, 309, 318,

3-27  379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750,

3-28  inclusive, and any agency or department of a county or city which

3-29  prepares a budget separate from that of the parent political

3-30  subdivision.

3-31      8.  “Offense” means failing to:

3-32      (a) Pay the prevailing wage required pursuant to this chapter;

3-33      (b) Pay the contributions for unemployment compensation

3-34  required pursuant to chapter 612 of NRS;

3-35      (c) Provide and secure compensation for employees required

3-36  pursuant to chapters 616A to 617, inclusive, of NRS; or

3-37      (d) Comply with subsection 4 or 5 of NRS 338.070.

3-38      9.  “Prime contractor” means a person who:

3-39      (a) Contracts to construct an entire project;

3-40      (b) Coordinates all work performed on the entire project;

3-41      (c) Uses his own workforce to perform all or a part of the

3-42  construction, repair or reconstruction of the project; and

3-43      (d) Contracts for the services of any subcontractor or

3-44  independent contractor or is responsible for payment to any

3-45  contracted subcontractors or independent contractors.

4-1  The term includes, without limitation, a general contractor or a

4-2  specialty contractor who is authorized to bid on a project pursuant to

4-3  NRS 338.139 or 338.148.

4-4  10.  “Public body” means the State, county, city, town, school

4-5  district or any public agency of this state or its political subdivisions

4-6  sponsoring or financing a public work.

4-7  11.  “Public work” means any project for the new construction,

4-8  repair or reconstruction of:

4-9  (a) A project financed in whole or in part from public money

4-10  for:

4-11          (1) Public buildings;

4-12          (2) Jails and prisons;

4-13          (3) Public roads;

4-14          (4) Public highways;

4-15          (5) Public streets and alleys;

4-16          (6) Public utilities which are financed in whole or in part by

4-17  public money;

4-18          (7) Publicly owned water mains and sewers;

4-19          (8) Public parks and playgrounds;

4-20          (9) Public convention facilities which are financed at least in

4-21  part with public funds; and

4-22          (10) All other publicly owned works and property whose cost

4-23  as a whole exceeds $20,000. Each separate unit that is a part of a

4-24  project is included in the cost of the project to determine whether a

4-25  project meets that threshold.

4-26      (b) A building for the University and Community College

4-27  System of Nevada of which 25 percent or more of the costs of the

4-28  building as a whole are paid from money appropriated by this state

4-29  or from federal money.

4-30      12.  “Specialty contractor” means a person who is licensed to

4-31  conduct business as described in subsection 4 of NRS 624.215.

4-32      13.  “Stand-alone underground utility project” means an

4-33  underground utility project that is not integrated into a larger

4-34  project, including, without limitation:

4-35      (a) An underground sewer line or an underground pipeline for

4-36  the conveyance of water, including facilities appurtenant thereto;

4-37  and

4-38      (b) A project for the construction or installation of a storm drain,

4-39  including facilities appurtenant thereto,

4-40  that is not located at the site of a public work for the design and

4-41  construction of which a public body is authorized to contract with a

4-42  design-build team pursuant to subsection 2 of NRS 338.1711.

4-43      14.  “Wages” means:

4-44      (a) The basic hourly rate of pay; and

5-1  (b) The amount of pension, health and welfare, vacation and

5-2  holiday pay, the cost of apprenticeship training or other similar

5-3  programs , or other bona fide fringe benefits which are a benefit to

5-4  the workman.

5-5  15.  “Workman” means a skilled mechanic, skilled workman,

5-6  semiskilled mechanic, semiskilled workman or unskilled workman

5-7  [.] in the service of an employer under any appointment or

5-8  contract of hire or apprenticeship, express or implied, oral or

5-9  written, whether lawfully or unlawfully employed, and includes,

5-10  without limitation, aliens to the extent that doing so does not

5-11  conflict with or infringe upon federal law. The term does not

5-12  include a design professional.

 

5-13  H