SB287 - Revises provisions relating to public works. (BDR 28-949)

(Reprinted with amendments adopted on April 17, 2025) FIRST REPRINT S.B. 287 - *SB287_R1* SENATE BILL NO. 287–COMMITTEE ON COMMERCE AND LABOR MARCH 5, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to public works. (BDR 28-949) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public works; expanding the recordkeeping requirements for contractors and subcontractors engaged on a public work; providing an exception to the confidentiality of such records; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a contractor and each subcontractor engaged on a public 1 work to keep or cause to be kept an accurate record showing, for each worker 2 employed by the contractor or subcontractor in connection with the public work, 3 the worker’s: (1) name; (2) occupation; (3) gender, if voluntarily specified; (4) 4 ethnicity, if voluntarily specified; (5) issuing state or jurisdiction of the driver’s 5 license or identification card of the worker, if applicable; and (6) actual per diem, 6 wages and benefits. Existing law also requires a contractor and each subcontractor 7 engaged on a public work to keep or cause to be kept an additional accurate record 8 showing, for each worker employed by the contractor or subcontractor in 9 connection with the public work who has a driver’s license or identification card, 10 the: (1) name of the worker; (2) driver’s license number or identification card 11 number of the worker; and (3) state or other jurisdiction that issued the driver’s 12 license or identification card. Existing law provides that such an additional record 13 showing the name and driver’s license or identification card number of such a 14 worker is confidential and not open to public inspection. (NRS 338.070) This bill 15 expands the requirement for such a record to include the total number of hours and 16 overtime hours worked each day and each week by a worker. This bill additionally 17 creates an exception to the confidentiality of the additional record if the inspection 18 is requested by a joint labor-management committee established under the Labor 19 Management Cooperation Act of 1978 pursuant to 29 U.S.C. § 175a. 20 – 2 – - *SB287_R1* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 338.070 is hereby amended to read as follows: 1 338.070 1. Any public body awarding a contract shall: 2 (a) Investigate possible violations of the provisions of NRS 3 338.010 to 338.090, inclusive, committed in the course of the 4 execution of the contract, and determine whether a violation has 5 been committed and inform the Labor Commissioner of any such 6 violations; and 7 (b) When making payments to the contractor engaged on the 8 public work of money becoming due under the contract, withhold 9 and retain all sums forfeited pursuant to the provisions of NRS 10 338.010 to 338.090, inclusive. 11 2. No sum may be withheld, retained or forfeited, except from 12 the final payment, without a full investigation being made by the 13 awarding public body. 14 3. Except as otherwise provided in subsection 7, it is lawful for 15 any contractor engaged on a public work to withhold from any 16 subcontractor engaged on the public work sufficient sums to cover 17 any penalties withheld from the contractor by the awarding public 18 body on account of the failure of the subcontractor to comply with 19 the terms of NRS 338.010 to 338.090, inclusive. If payment has 20 already been made to the subcontractor, the contractor may recover 21 from the subcontractor the amount of the penalty or forfeiture in a 22 suit at law. 23 4. A contractor engaged on a public work and each 24 subcontractor engaged on the public work shall: 25 (a) Inquire of each worker employed by the contractor or 26 subcontractor in connection with the public work: 27 (1) Whether the worker wishes to specify voluntarily his or 28 her gender; and 29 (2) Whether the worker wishes to specify voluntarily his or 30 her ethnicity; and 31 (b) For each response the contractor or subcontractor receives 32 pursuant to paragraph (a): 33 (1) If the worker chose voluntarily to specify his or her 34 gender or ethnicity, or both, record the worker’s responses; and 35 (2) If the worker declined to specify his or her gender or 36 ethnicity, or both, record that the worker declined to specify such 37 information. 38  A contractor or subcontractor shall not compel or coerce a worker 39 to specify his or her gender or ethnicity and shall not penalize or 40 otherwise take any adverse action against a worker who declines to 41 specify his or her gender or ethnicity. Before inquiring as to whether 42 – 3 – - *SB287_R1* a worker wishes to specify voluntarily his or her gender or ethnicity, 1 the applicable contractor or subcontractor must inform the worker 2 that such information, if provided, will be open to public inspection 3 as set forth in subsection 6. 4 5. A contractor engaged on a public work and each 5 subcontractor engaged on the public work shall keep or cause to be 6 kept: 7 (a) An accurate record showing, for each worker employed by 8 the contractor or subcontractor in connection with the public work: 9 (1) The name of the worker; 10 (2) The occupation of the worker; 11 (3) The gender of the worker, if the worker voluntarily 12 agreed to specify that information pursuant to subsection 4, or an 13 entry indicating that the worker declined to specify such 14 information; 15 (4) The ethnicity of the worker, if the worker voluntarily 16 agreed to specify that information pursuant to subsection 4, or an 17 entry indicating that the worker declined to specify such 18 information; 19 (5) If the worker has a driver’s license or identification card, 20 an indication of the state or other jurisdiction that issued the license 21 or card; [and] 22 (6) The actual per diem, wages and benefits paid to the 23 worker; and 24 (7) The total number of hours and overtime hours worked 25 each day and each week by the worker; and 26 (b) An additional accurate record showing, for each worker 27 employed by the contractor or subcontractor in connection with the 28 public work who has a driver’s license or identification card: 29 (1) The name of the worker; 30 (2) The driver’s license number or identification card number 31 of the worker; and 32 (3) The state or other jurisdiction that issued the license or 33 card. 34 6. The records maintained pursuant to subsection 5 must be 35 open at all reasonable hours to the inspection of the public body 36 awarding the contract. The contractor engaged on the public work or 37 subcontractor engaged on the public work shall ensure that a copy of 38 each record for each calendar month is received by the public body 39 awarding the contract no later than 15 days after the end of the 40 month. The copy of the record maintained pursuant to paragraph (a) 41 of subsection 5 must be open to public inspection as provided in 42 NRS 239.010. The copy of the record maintained pursuant to 43 paragraph (b) of subsection 5 is confidential and not open to public 44 inspection [.] , except to a joint labor-management committee 45 – 4 – - *SB287_R1* established under the Labor Management Cooperation Act of 1 1978 pursuant to 29 U.S.C. § 175a. The records in the possession 2 of the public body awarding the contract may be discarded by the 3 public body 2 years after final payment is made by the public body 4 for the public work. The Labor Commissioner shall adopt 5 regulations authorizing and prescribing the procedures for the 6 electronic filing of the copies of the records required to be provided 7 monthly by a contractor or subcontractor to a public body pursuant 8 to this subsection. 9 7. A contractor engaged on a public work shall not withhold 10 from a subcontractor engaged on the public work the sums 11 necessary to cover any penalties provided pursuant to subsection 3 12 of NRS 338.060 that may be withheld from the contractor by the 13 public body awarding the contract because the public body did not 14 receive a copy of the record maintained by the subcontractor 15 pursuant to subsection 5 for a calendar month by the time specified 16 in subsection 6 if: 17 (a) The subcontractor provided to the contractor, for submission 18 to the public body by the contractor, a copy of the record not later 19 than the later of: 20 (1) Ten days after the end of the month; or 21 (2) A date agreed upon by the contractor and subcontractor; 22 and 23 (b) The contractor failed to submit the copy of the record to the 24 public body by the time specified in subsection 6. 25  Nothing in this subsection prohibits a subcontractor from 26 submitting a copy of a record for a calendar month directly to the 27 public body by the time specified in subsection 6. 28 8. Any contractor or subcontractor, or agent or representative 29 thereof, performing work for a public work who neglects to comply 30 with the provisions of this section is guilty of a misdemeanor. 31 H