SB270 - Revises provisions relating to governmental administration. (BDR 28-778)

S.B. 270 - *SB270* SENATE BILL NO. 270–SENATOR NGUYEN MARCH 4, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to governmental administration. (BDR 28-778) 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 governmental administration; requiring each contractor and subcontractor on a public work or a project paid for in whole or in part by public funds to produce certain documents for inspection upon request from certain entities; requiring a contractor or subcontractor to provide the representative of a joint labor-management committee reasonable access to a public work to monitor compliance with requirements relating to the use of apprenticeships and the payment of prevailing wages; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the payment of prevailing wages to certain workers on a 1 public work. (NRS 338.020) Existing law makes the prevailing wage requirements 2 applicable to certain other construction projects that do not meet the definition of a 3 “public work.” (See, e.g. NRS 244.286, 244A.058, 244A.763, 268.568, 271.710, 4 271.800, 278C.240, 279.500, 318.140, 318.144, 321.416, 332.390, 333A.120, 5 349.670, 349.956, 349.981, 388A.635, 408.3886, 543.545, 701B.265, 701B.625) 6 Section 2 of this bill requires a contractor or subcontractor on a public work or 7 other project paid for in whole or in part from public funds to provide certain 8 documents upon the written request of a Taft-Hartley trust fund or a joint labor- 9 management committee. The documents that may be inspected upon request, as 10 they relate to the public work, are: (1) the bid on the contract and any documents 11 submitted as part of the bidding process; (2) any executed contract or subcontract; 12 and (3) any record of work performed, including, without limitation, payroll 13 records. Section 2 provides that: (1) the requested documents must be produced 14 within 10 days after receipt of a written request; and (2) personal identifying 15 information must be redacted from any requested document. Section 2 further 16 provides that: (1) if a document requested is not provided within 10 days after 17 receipt of a written request, the requesting party may file a complaint with the 18 – 2 – - *SB270* Labor Commissioner; (2) upon review of such a complaint, the Labor 19 Commissioner may impose an administrative penalty against the noncompliant 20 party in the amount of $100 for each day the document is not produced; and (3) a 21 contractor will not be penalized for failing to produce any requested document that 22 is in the possession or control of a subcontractor. For the purposes of section 2, it 23 shall be deemed that a project is a project paid for in whole or in part by public 24 money if: (1) a public body pays money or other compensation directly to or on 25 behalf of the developer or contractor of the project or any subcontractor who 26 performs any work on the project; (2) a public body pays, credits, reduces, forgives 27 or waives any fee, cost, rent, insurance premium, bond premium, obligation or 28 expense in relation to the project that is normally required in the execution of a 29 contract for a public work; (3) a public body loans money in relation to the project 30 that is required to be repaid to the public body on a contingent basis; or (4) in 31 relation to the project, a public body transfers the project for less than fair market 32 value. 33 Section 3 of this bill provides that a representative of a joint labor-management 34 committee must be given reasonable access to a public work to monitor compliance 35 with prevailing wage and certain apprenticeships requirements. Section 3 exempts 36 a public body, contractor or subcontractor on a public work from liability for any 37 injury sustained by, or violation of any standard for occupational safety and health 38 as a result of monitoring by, a representative of a joint labor-management 39 committee. Section 3 further authorizes a joint labor-management committee to 40 bring a cause of action in a court of competent jurisdiction against a public body, 41 contractor or subcontractor who denies reasonable access to a public work and, if 42 the joint labor-management committee prevails, to be awarded: (1) $1,000 for each 43 occasion reasonable access was denied; and (2) reasonable attorney’s fees and 44 costs. Section 3 defines “reasonable access” as access during reasonable working 45 hours that does not disrupt the performance of any work and does not violate any 46 occupational safety and health standards. 47 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 and 3 of this act. 2 Sec. 2. 1. Upon written request of a Taft-Hartley 3 multiemployer pension trust fund formed pursuant to 29 U.S.C. § 4 186(c)(5) or a joint labor-management committee established 5 pursuant to 29 U.S.C. § 175a, each contractor and subcontractor 6 shall make available for inspection the following documents 7 relating to a public work or other project paid for in whole or in 8 part by public money: 9 (a) The bid on the contract and any documents submitted as 10 part of the bidding process on the public work or project paid for 11 in whole or in part by public money; 12 (b) Any executed contract or subcontract relating to the public 13 work or project paid for in whole or in part by public money; and 14 – 3 – - *SB270* (c) Any record of work performed on the public work or other 1 project paid for in whole or in part by public money, including, 2 without limitation, payroll records. 3 2. If a contractor or subcontractor fails to make any 4 document requested pursuant to subsection 1 available for 5 inspection within 10 days after receipt of a written request, the 6 requesting party may file a complaint with the Labor 7 Commissioner. Upon review of such a complaint, the Labor 8 Commissioner may, except as otherwise provided in subsection 4, 9 impose an administrative penalty of $100 upon the noncompliant 10 contractor or subcontractor for each day the document is not 11 made available for inspection. 12 3. Each contractor and subcontractor shall, before making 13 any record available for inspection pursuant to subsection 1, 14 redact any personal identifying information, including, without 15 limitation, social security numbers and dates of birth. 16 4. A contractor must not be subject to a penalty imposed 17 pursuant to subsection 2 for failure to produce any document 18 requested that is in the possession or control of a subcontractor. 19 5. For the purposes of this section, it shall be deemed that a 20 project is a project paid for in whole or in part by public money if: 21 (a) A public body pays money or other compensation directly 22 to or on behalf of the developer or contractor of the project or any 23 subcontractor who performs any work on the project; 24 (b) A public body pays, credits, reduces, forgives or waives any 25 fee, cost, rent, insurance premium, bond premium, obligation or 26 expense in relation to the project that is normally required in the 27 execution of a contract for a public work; 28 (c) A public body loans money in relation to the project that is 29 required to be repaid to the public body on a contingent basis; or 30 (d) In relation to the project, a public body transfers the 31 project for less than fair market value. 32 Sec. 3. 1. A representative of a joint labor-management 33 committee established pursuant to 29 U.S.C. § 175a must be given 34 reasonable access to a public work to monitor compliance with the 35 provisions of NRS 338.01165 and 338.020 to 338.090, inclusive. 36 2. A public body, contractor or subcontractor on a public 37 work shall not be liable for any violation of any occupational 38 safety and health standard as a result of the monitoring of a public 39 work by a representative of a joint labor-management committee 40 pursuant to subsection 1. 41 3. Any injury sustained by a representative of a joint labor- 42 management committee while monitoring a public work pursuant 43 to subsection 1 is subject to the workers’ compensation or liability 44 insurance policy of the joint labor-management committee and is 45 – 4 – - *SB270* not a liability of the public body or any contractor or 1 subcontractor on the public work. 2 4. A joint labor-management committee may bring a cause of 3 action in a court of competent jurisdiction against a public body, 4 contractor or subcontractor who denies a representative of a joint 5 labor-management committee reasonable access to a public work 6 pursuant to subsection 1. An action brought pursuant to this 7 subsection must be brought within 6 months after the date the 8 representative was denied reasonable access. If the joint labor- 9 management committee is the prevailing party in an action 10 brought pursuant to this subsection, the court shall award the 11 joint labor-management committee: 12 (a) One thousand dollars for each occasion reasonable access 13 was denied; and 14 (b) Reasonable attorney’s fees and costs. 15 5. As used in this section, “reasonable access” means access 16 during reasonable working hours that does not disrupt the 17 performance of any work on a public work and does not violate 18 any occupational safety and health standards. 19 H