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AB502 • 2025

Revises provisions relating to public works. (BDR 28-401)

AN ACT relating to public works; revising provisions relating to the compliance of a contractor or subcontractor with certain requirements relating to apprentices on a public work; revising requirements relating to identifying numbers for public works; revising provisions relating to the imposition of penalties for certain violations; revising provisions relating to the period within which a person is disqualified from being awarded a contract for a public work in certain circumstances; revising provisions relating to the investigation of certain possible violations; creating the Public Works Compliance Division within the Office of Labor Commissioner and prescribing its duties; providing a penalty; and providing other matters properly relating thereto. Close title AN ACT relating to public works; revising provisions relating to the compliance of a contractor or subcontractor with certain requirements relating to apprentices on a public work; revising requirements relating to identifying numbers for public works; revising provisions relating to the imposition of penalties for certain violations; revising provisions relating to the period within which a person is disqualified from being awarded a contract for a public work in certain circumstances; revising provisions relating to the investigation of certain possible violations; creating the Public Works Compliance Division within the Office of Labor Commissioner and prescribing its duties; providing a penalty; and providing other matters properly relating thereto.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Assembly Committee on Government Affairs
Last action
Official status
Chapter 331. (See full list below)
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Revises provisions relating to public works. (BDR 28-401)

Revises provisions relating to public works.

What This Bill Does

  • Revises provisions relating to public works.
  • (BDR 28-401)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Adopted Amendments

Plain English: 2025 Session (83rd) A AB502 284 TJO/HAC - Date: 4/13/2025 A.B.

  • 2025 Session (83rd) A AB502 284 TJO/HAC - Date: 4/13/2025 A.B.
  • No.
  • 502—Revises provisions relating to public works.
  • (BDR 28-401) Page 1 of 13 *A_AB502_284* Amendment No.
Adopted Amendments

Plain English: 2025 Session (83rd) A AB502 R1 914 TJO/HAC - Date: 5/29/2025 A.B.

  • 2025 Session (83rd) A AB502 R1 914 TJO/HAC - Date: 5/29/2025 A.B.
  • No.
  • 502—Revises provisions relating to public works.
  • (BDR 28-401) Page 1 of 12 *A_AB502_R1_914* Amendment No.

Bill History

  1. 2025-03-24 Nevada Electronic Legislative Information System

    Chapter 331. (See full list below)

Official Summary Text

Revises provisions relating to public works. (BDR 28-401)

Current Bill Text

Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 502–Committee
on Government Affairs

CHAPTER..........

AN ACT relating to public works; revising provisions relating to the
compliance of a contractor or subcontractor with certain
requirements relating to apprentices on a public work;
revising requirements relating to identifying numbers for
public works; revising provisions relating to the imposition
of penalties for certain violations; revising provisions relating
to the period within which a person is disqualified from being
awarded a contract for a public work in certain
circumstances; revising provisions relating to the
investigation of certain possible violations; creating the
Public Works Compliance Division within the Office of
Labor Commissioner and prescribing its duties; providing a
penalty; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth the requirements for the State and its political
subdivisions to award a contract for the new construction, repair or recons truction
of specified projects that are financed in whole or in part from public money,
known as public works. (Chapter 338 of NRS) Existing law creates the Office of
Labor Commissioner and requires the Labor Commissioner to enforce specified
provisions re lating to employment on public works. (NRS 338.010 -338.130,
607.010) Existing law requires contractors or subcontractors engaged on public
works to use apprentices for a certain percentage of the total hours performed on a
public work, depending on certain conditions related to the public work, and to
report certain information regarding the public works for the previous year to the
Labor Commissioner, except identifying information about a public work or an
apprentice or employee. Existing law further requ ires a contractor or subcontractor
on a public work to maintain and provide to the Labor Commissioner any
supporting documentation to show that the contractor or subcontractor made a good
faith effort to comply with the apprenticeship requirement. Such a g ood faith effort
includes submitting to an apprenticeship program a request for an apprentice: (1)
not earlier than 10 days before the contractor or subcontractor is scheduled to begin
work on the public work; and (2) if a contractor or subcontractor does not work
continuously on a public work, not earlier than 10 days before the contractor or
subcontractor is scheduled to resume work on the public work. (NRS 338.01165)
Section 1 of this bill increases the 10 -day time limitation on requesting an
apprentice to 30 days. Section 1 also removes the exception for not reporting
identifying information about a public work, thereby requiring the reporting of such
information to the Labor Commissioner.
Existing law, in part, requires a public body that undertakes a public work to:
(1) request an identifying number with a designation of the work and include the
number in any advertisement or other type of solicitation; and (2) report to the
Labor Commissioner the award of a contract within 10 days after the award and
subsequently report the completion of the work under the contract. (NRS 338.013)
Section 2 of this bill requires that a public body request such an identifying number
not less than 3 business days before any advertisement or other type of solicitation

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for the public work is published or made, as applicable. Section 2 also authorizes a
penalty for each calendar day or portion thereof that a public body is not in
compliance with the reporting requirements.
Under existing law, if an administrative penalty is imposed against a person for
a violation of certain provisions relating to public works, the Labor Commissioner
is authorized to prohibit the person from being awarded a contract for a public
work: (1) for the first offense, for a period of 3 years after the date of the imposition
of the administrative penalty; and (2) for the second or subsequent offense, for a
period of 5 years after the date of the imposition of the administrative penalty.
(NRS 338.017) Section 4 of this bill revises the duration of the period of the
disqualification as follows: (1) for the first offense, for a period of up to 180 days
after the date of the imposition of the administrative penalty; (2) for the second
offense, for a period of up to 3 years but not less than 180 days after the date of the
imposition of the administrative penalty; (3) for the third offense, for a period of up
to 5 years but not less than 3 years after the date of the imposition of the
administrative penalty; and (4) for the fourth or subsequent offense, for a period of
not less than 5 years after the date of the imposition of the administrative penalty.
Existing law requires any public body awarding a contract for a public work to
investigate pos sible violations of certain laws relating to public works and
determine whether a violation has been committed and inform the Labor
Commissioner of any such violations. (NRS 338.070) Section 5 of this bill requires
a public body, within 90 days after substantial completion of a contract for a public
work, to: (1) conduct an investigation and make a determination regarding any
violation; or (2) refer the matter to the Public Works Compliance Division, which is
created within the Office of Labor Commissioner in section 8 of this bill. Section 7
of this bill requires the Division to: (1) i nvestigate possible violations of certain
laws relating to public works at the direction of the Labor Commissioner or upon
receipt of a referral from a public body; (2) submit to the Labor Commissioner a
written report concerning such an investigation and, if applicable, provide a copy of
the report to the referring public body upon completion of the investigation; and (3)
perform any other duties related to the enforcement of certain provisions relating to
public works, as directed by the Labor Commissioner. Sections 9 and 10 of this
bill make conforming changes related to the creation of the Division.
Existing law requires a public body to withhold and retain from payments to a
contractor on a public work sums that are forfeited as a result of the violation of
certain laws relating to public works. Existing law also prohibits any sums from
being withheld, retained or forfeited, except from the final payment, without a full
investigation being made by the awarding public body. (NRS 338.070) Section 5
requires a public body who refers the investigation of possible offenses to the
Division to withhold and retain all sums believed to be forfeited by the violation of
such laws until an investigation has been completed by the Division and the Labor
Commissioner has determined if any violations were committed. Section 5
authorizes the Labor Commissioner to impos e against a public body that fails to
investigate possible violations of certain laws relating to a public work or refer
possible violations to the Public Works Compliance Division within the prescribed
time period: (1) a fee of $1,000 for each contractor or subcontractor found to be in
violation of such provisions; and (2) a n administrative penalty of $2,000 for each
contractor or subcontractor found to be in violation of such provisions. Section 5
also prohibits a public body from withholding from any contractor or subcontractor
engaged on a public work any amount due to the contractor or subcontractor in
order to recover any fee or penalty assessed against the public body by the Labor
Commissioner pursuant to section 5.

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 338.01165 is hereby amended to read as
follows:
338.01165 1. Notwithstanding any other provision of this
chapter and except as otherwise provided in this section, a
contractor or subcontractor engaged in vertical construction who
employs workers on one or more public works during a calendar
year pursuant to NRS 338.040 shall use one or more apprentices for
at least 10 percent, or any increased percentage established pursuant
to subsection 3, of the total hours of labor worked for each
apprenticed craft or type of work to be performed on those public
works.
2. Notwithstanding any other provision of this chapter and
except as otherwise provided in this section, a contractor or
subcontractor engaged in hori zontal construction who employs
workers on one or more public works during a calendar year
pursuant to NRS 338.040 shall use one or more apprentices for at
least 3 percent, or any increased percentage established pursuant to
subsection 3, of the total hours of labor worked for each apprenticed
craft or type of work to be performed on those public works.
3. On or after January 1, 2021, the Labor Commissioner, in
collaboration with the State Apprenticeship Council, may adopt
regulations to increase the perc entage of total hours of labor
required to be performed by an apprentice pursuant to subsection 1
or 2 by not more than 2 percentage points.
4. An apprentice who graduates from an apprenticeship
program while employed on a public work shall:
(a) Be deemed an apprentice on the public work for the purposes
of subsections 1 and 2.
(b) Be deemed a journeyman for all other purposes, including,
without limitation, the payment of wages or the payment of wages
and benefits to a journeyman covered by a collectiv e bargaining
agreement.
5. If a contractor or subcontractor who is a signatory to a
collective bargaining agreement with a union that sponsors an
apprenticeship program for an apprenticed craft or type of work for
which the term of apprenticeship is not more than 3 years requests
an apprentice from that apprenticeship program and an apprentice in
the appropriate craft or type of work is not available, the contractor

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or subcontractor may utilize a person who graduated from the
apprenticeship program in tha t craft or type of work within the 3
years immediately preceding the request from the contractor or
subcontractor. Such a person:
(a) Shall be deemed an apprentice on the public work for the
purposes of subsections 1 and 2.
(b) Shall be deemed a journey man for all other purposes,
including, without limitation, the payment of wages and benefits to
a journeyman pursuant to the collective bargaining agreement.
6. A contractor or subcontractor engaged on a public work is
not required to use an apprentice i n a craft or type of work
performed in a jurisdiction recognized by the State Apprenticeship
Council as not having apprentices in that craft or type of work.
7. A contractor or subcontractor engaged on a public work
shall maintain and provide to the Labo r Commissioner any
supporting documentation to show that the contractor or
subcontractor made a good faith effort to comply with subsection 1
or 2, as applicable, as determined by the Labor Commissioner. For
purposes of this subsection, a contractor or subcontractor:
(a) Makes a good faith effort to comply with subsection 1 or 2,
as applicable, if the contractor or subcontractor:
(1) Submits to the apprenticeship program, on the form
prescribed by the Labor Commissioner, a request for an apprentice
not earlier than [10] 30 days before the contractor or subcontractor
is scheduled to begin work on the public work and not later than 5
days after the contractor or subcontractor actually begins work on
the public work.
(2) If the apprenticeship program does not provide an
apprentice for the appropriate apprenticed craft or type of work
upon a request pursuant to subparagraph (1), submits additional
requests to the apprenticeship program, on the form prescribed by
the Labor Commissioner, at least once every 3 0 days during the
period that the contractor or subcontractor is working on the public
work. If a contractor or subcontractor does not work continuously
on the public work, the contractor or subcontractor shall submit an
additional request each time that t he contractor or subcontractor
resumes work on the public work not earlier than [10] 30 days
before the contractor or subcontractor is scheduled to resume work
on the public work and not later than 5 days after the contractor or
subcontractor actually resumes work on the public work. The
requirement for the submission of an additional request in this
subparagraph does not apply whenever a contractor or subcontractor

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has one or more apprentices employed for that apprenticed craft or
type of work.
(b) Does not make a good faith effort to comply with subsection
1 or 2, as applicable, as determined b y the Labor Commissioner, if
the contractor or subcontractor is required to enter into an
apprenticeship agreement pursuant to subsection 16 and refuses to
do so.
8. The supporting documentation required pursuant to
subsection 7 may include, without limitation:
(a) Documentation of the submission by the contractor or
subcontractor of one or more requests, as applicable, pursuant to
subsection 7; and
(b) Documentation that the apprenticeship program denied such
a request, did not respond to such a reque st or responded that the
program was unable to provide the requested apprentice.
9. The contractor or subcontractor and the apprenticeship
program shall coordinate the starting date for any apprentice
provided by the program.
10. On or before February 15 of each year, a contractor or
subcontractor engaged in vertical or horizontal construction, as
applicable, who employs a worker on one or more public works
pursuant to NRS 338.040 shall report to the Labor Commissioner,
on the form prescribed by the La bor Commissioner, the following
information regarding those public works for the previous calendar
year:
(a) For each apprenticed craft or type of work, the total number
of hours worked on vertical construction.
(b) For each apprenticed craft or type of work, the total number
of hours worked on horizontal construction.
(c) For each apprenticed craft or type of work, the total number
of hours worked by apprentices on vertical construction.
(d) For each apprenticed craft or type of work, the total number
of hours worked by apprentices on horizontal construction.
(e) For each apprenticed craft or type of work, the percentage of
the total number of hours worked on vertical construction that were
worked by apprentices.
(f) For each apprenticed craft or type of work, the percentage of
the total number of hours worked on horizontal construction that
were worked by apprentices.
11. The information required to be reported pursuant to
subsection 10 must not include any ide ntifying information about [a
public work or] an apprentice or employee.

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12. If the Labor Commissioner, on his or her own initiative or
based on a complaint, makes a determination based on the
information submitted pursuant to subsection 10 that a contra ctor or
subcontractor did not make a good faith effort to comply with the
provisions of subsection 1 or 2, as applicable, the Labor
Commissioner shall notify the contractor or subcontractor in writing
of the determination and:
(a) Except as otherwise provided in paragraph (b), shall assess a
penalty as follows:
(1) If the apprentice utilization rate by the contractor or
subcontractor on vertical construction of a public work is:
(I) Seven and one -half percent or more but less than 10
percent of the total hours of labor worked for an apprenticed craft or
type of work, a penalty of $2,500 or $2 for each hour below the
percentage required, whichever is higher.
(II) More than 4 percent but less than 7.5 percent of the
total hours of labor worked for an apprenticed craft or type of work,
a penalty of $3,000 or $4 for each hour below the percentage
required, whichever is higher.
(III) Four percent or less of the total hours of labor
worked for an apprenticed craft or type of work, a penalty of $5,000
or $6 for each hour below the percentage required, whichever is
higher.
(2) If the apprentice utilization rate by the contractor or
subcontractor on horizontal construction of a public work is:
(I) Two percent or more but less than 3 percent of the
total hours of labor worked for an apprenticed craft or type of work,
a penalty of $2,500 or $2 for each hour below the percentage
required, whichever is higher.
(II) More than 1 percent but less than 2 percent of the
total hours of labor worked for an appr enticed craft or type of work,
a penalty of $3,000 or $4 for each hour below the percentage
required, whichever is higher.
(III) One percent or less of the total hours of labor worked
for an apprenticed craft or type of work, a penalty of $5,000 or $6
for each hour below the percentage required, whichever is higher.
(b) Shall not assess a penalty if the total number of hours of
labor required to be worked by apprentices:
(1) On vertical construction pursuant to subsection 1, as
applicable, during the previous calendar year is less than 40 hours.
(2) On horizontal construction pursuant to subsection 2, as
applicable, during the previous calendar year is less than 24 hours.

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13. Except for good cause, the Labor Commissioner may not
initiate his or her own investigation or accept a complaint based on
the information submitted by a contractor or subcontractor pursuant
to subsection 10 after May 1 immediately following the date on
which the report was received by the Labor Commissioner.
14. In addition to the penalties set forth in subsection 12, if the
Labor Commissioner, on his or her own initiative or based on a
complaint, makes a determination that a contractor or subcontractor
did not submit the report required pursuant to subsection 10 or made
no a ttempt to comply with the provisions of subsection 1 or 2, as
applicable, the Labor Commissioner shall:
(a) Impose a penalty of not less than $10,000 but not more than
$75,000; or
(b) Disqualify the contractor or subcontractor from being
awarded a contra ct for a public work for at least 180 days but not
more than 2 years.
15. A contractor or subcontractor may request a hearing on the
determination of the Labor Commissioner pursuant to subsection 12
or 14 within 10 days after receipt of the determination of the Labor
Commissioner. The hearing must be conducted in accordance with
regulations adopted by the Labor Commissioner. If the Labor
Commissioner does not receive a request for a hearing pursuant to
this subsection, the determination of the Labor Commi ssioner is a
final decision for the purposes of judicial review pursuant to chapter
233B of NRS.
16. A contractor or subcontractor who is not a signatory to a
collective bargaining agreement with the union sponsoring the
apprenticeship program for an app renticed craft or type of work
engaged on a public work shall enter into an apprenticeship
agreement for each apprentice required to be used in the
construction of a public work.
17. As used in this section:
(a) “Apprentice” means a person enrolled in an apprenticeship
program recognized by the State Apprenticeship Council.
(b) “Apprenticed craft or type of work” means a craft or type of
work for which there is an existing apprenticeship program
recognized by the State Apprenticeship Council.
(c) “Apprenticeship program” means an apprenticeship program
recognized by the State Apprenticeship Council.
(d) “Journeyman” has the meaning ascribed to it in
NRS 624.260.
(e) “State Apprenticeship Council” means the State
Apprenticeship Council created by NRS 610.030.

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Sec. 2. NRS 338.013 is hereby amended to read as follows:
338.013 1. A public body that undertakes a public work shall
request from the Labor Commissioner [, and include in any
advertisement or other type of solicitation,] an identifying number
with a designation of the work [.] not less than 3 business days
before any advertisement or other type of solicitation is published
or made for the public work. That number must be included in any
such advertisement or solicitation or any bid or other document
submitted in response to the advertisement or [other type of ]
solicitation.
2. Each public body which awards a contract for any public
work shall report its award to the Labor Commissioner w ithin 10
days after the award, giving the name and address of the contractor
to whom the public body awarded the contract and the identifying
number for the public work.
3. Each contractor engaged on a public work shall report to the
Labor Commissioner and the public body that awarded the contract
the name and address of each subcontractor whom the contractor
engages for work on the project within 10 days after the
subcontractor commences work on the contract and the identifying
number for the public work.
4. The public body which awarded the contract shall report the
completion of all work performed under the contract to the Labor
Commissioner before the final payment of money due the contractor
by the public body.
5. If a public body fails to comply with subsection 2 or 4, the
Labor Commissioner may impose against the public body a
penalty of $50 for each calendar day or portion thereof that the
public body is not in compliance.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 338.017 is hereby amended to read as follows:
338.017 1. If any administrative penalty is imposed pursuant
to this chapter against a [person] contractor or subcontractor for
the commission of an offense, [that pers on,] the Labor
Commissioner may disqualify the contractor or subcontractor and
the corporate officers, if any, of [that person, may not be awarded a
contract for a public work: ] the contractor or subcontractor from
being awarded a contract for a public wor k or entering into a
contract to perform work on a public work:
(a) For the first offense, for a period of up to 180 days after the
date of the imposition of the administrative penalty;

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(b) For the second offense, for a period of up to 3 years but not
less than 180 days after the date of the imposition of the
administrative penalty; [and
(b)] (c) For the third offense, for a period of up to 5 years but
not less than 3 years after the date of the imposition of the
administrative penalty; and
(d) For the [second] fourth or subsequent offense, for a period
of not less than 5 years after the date of the imposition of the
administrative penalty.
2. A person, and the corporate officers, if any, of that person,
who is identified in the System for Award Management Exclusions
operated by the General Services Administration as being excluded
from receiving contracts from the Federal Government pursuant to
48 C.F.R. §§ 9.400 et seq. as a result of being debarred may not be
awarded a contract for a public work for the period of debarment of
the contractor from receiving contracts from the Federal
Government.
3. The Labor Commissioner, upon learning that a contractor
has been excluded from receiving contracts from the Federal
Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of
being debarred, shall disqualify the contractor from being awarded a
contract for a public work as provided in subsection 2.
4. The Labor Commissioner shall notify the State Contractors’
Board of each contractor or subcontractor who is [prohibited or ]
disqualified from being awarded a contract for a public work
pursuant to this section.
Sec. 5. NRS 338.070 is hereby amended to read as follows:
338.070 1. Any public body awarding a contract shall [:] ,
within 90 days after substantial completion of the contract:
(a) Investigate possible violations of the provisions of NRS
338.010 to 338.090, inclusive, committed in the course of the
execution of the contract, and determine whether a violation has
been committed and inform the Labor Commissioner of any such
violations; [and] or
(b) Refer a possible violation of the provisions of NRS 338.010
to 338.090, inclusive, to the Public Works Compliance Division in
the Office of Labor Commissioner. Such a referral must be made
on a form prescribed by the Labor Commissioner.
2. [When] Except as otherwise provided in this subsection,
when making payments to the contractor engaged on the public
work of money becoming due under the contract, a public body
shall withhold and retain all sums forfeited pursuant to the
provisions of NRS 338.010 to 338.090, inclusive.

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[2.] No sum may be withheld, retained or forfeited, except
from the final payment, without a full investigation being made by
the awarding public body [.] or the Public Works Compliance
Division pursuant to section 7 of this act.
3. Except as otherwise provided in subsection 7, it is lawful for
any contractor engaged on a public work to withhold from any
subcontractor engaged on the public work sufficient sums to cover
any penalties withheld from the contractor by the awarding public
body on account of the failure of the subcontractor to comply with
the terms of NRS 338.010 to 338.090, inclusive. If payment has
already been made to the subcontractor, the contractor may recover
from the subcontractor the amount of the pe nalty or forfeiture in a
suit at law.
4. A contractor engaged on a public work and each
subcontractor engaged on the public work shall:
(a) Inquire of each worker employed by the contractor or
subcontractor in connection with the public work:
(1) Whether the worker wishes to specify voluntarily his or
her gender; and
(2) Whether the worker wishes to specify voluntarily his or
her ethnicity; and
(b) For each response the contractor or subcontractor receives
pursuant to paragraph (a):
(1) If the worker chose voluntarily to specify his or her
gender or ethnicity, or both, record the worker’s responses; and
(2) If the worker declined to specify his or her gender or
ethnicity, or both, record that the worker declined to specify such
information.
 A contractor or subcontractor shall not compel or coerce a worker
to specify his or her gender or ethnicity and shall not penalize or
otherwise take any adverse action against a worker who declines to
specify his or her gender or ethnicity. Before inquiring as to whether
a worker wishes to specify voluntarily his or her gender or ethnicity,
the applicable contractor or subcontractor must inform the worker
that such information, if provided, will be open to public inspection
as set forth in subsection 6.
5. A contractor engaged on a public work and each
subcontractor engaged on the public work shall keep or cause to be
kept:
(a) An accurate record showing, for each worker employed by
the contractor or subcontractor in connection with the public work:
(1) The name of the worker;
(2) The occupation of the worker;

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(3) The gender of the worker, if the worker voluntarily
agreed to specify that information pursuant to subsection 4, or an
entry indicating that the worker declined to specify such
information;
(4) The ethnicity of the worker, if the worker voluntarily
agreed to specify that information pursuant to subsection 4, or an
entry indicating that the worker declined to specify such
information;
(5) If the worker has a driver’s license or identific ation card,
an indication of the state or other jurisdiction that issued the license
or card; and
(6) The actual per diem, wages and benefits paid to the
worker; and
(b) An additional accurate record showing, for each worker
employed by the contractor or subcontractor in connection with the
public work who has a driver’s license or identification card:
(1) The name of the worker;
(2) The driver’s license number or identification card number
of the worker; and
(3) The state or other jurisdiction th at issued the license or
card.
6. The records maintained pursuant to subsection 5 must be
open at all reasonable hours to the inspection of the public body
awarding the contract. The contractor engaged on the public work or
subcontractor engaged on the public work shall ensure that a copy of
each record for each calendar month is received by the public body
awarding the contract no later than 15 days after the end of the
month. The copy of the record maintained pursuant to paragraph (a)
of subsection 5 mu st be open to public inspection as provided in
NRS 239.010. The copy of the record maintained pursuant to
paragraph (b) of subsection 5 is confidential and not open to public
inspection. The records in the possession of the public body
awarding the contract may be discarded by the public body 2 years
after final payment is made by the public body for the public work.
The Labor Commissioner shall adopt regulations authorizing and
prescribing the procedures for the electronic filing of the copies of
the recor ds required to be provided monthly by a contractor or
subcontractor to a public body pursuant to this subsection.
7. A contractor engaged on a public work shall not withhold
from a subcontractor engaged on the public work the sums
necessary to cover any penalties provided pursuant to subsection 3
of NRS 338.060 that may be withheld from the contractor by the
public body awarding the contract because the public body did not

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receive a copy of the record maintained by the subcontractor
pursuant to subsection 5 for a calendar month by the time specified
in subsection 6 if:
(a) The subcontractor provided to the contractor, for submission
to the public body by the contractor, a copy of the record not later
than the later of:
(1) Ten days after the end of the month; or
(2) A date agreed upon by the contractor and subcontractor;
and
(b) The contractor failed to submit the copy of the record to the
public body by the time specified in subsection 6.
 Nothing in this subsection prohibits a subcontractor from
submitting a copy of a record for a calendar month directly to the
public body by the time specified in subsection 6.
8. Any contractor or subcontractor, or agent or representative
thereof, performing work for a public work who neglects to comply
with the provisions of this section is guilty of a misdemeanor.
9. If the Labor Commissioner finds that a public body has
failed to comply with the requirements of subsection 1, the Labor
Commissioner may impose against the public body:
(a) A fee of $1,000 for each contractor or subcontractor found
to be in violation of the provisions of NRS 338.010 to 338.090,
inclusive, on the public work; and
(b) An administrative penalty of $2,000 for each contractor or
subcontractor found to be in v iolation of the provisions of NRS
338.010 to 338.090, inclusive, on the public work.
10. A public body shall not withhold from a contractor or
subcontractor engaged on a public work any amount due to the
contractor or subcontractor in order to recover any fee or penalty
assessed by the Labor Commissioner pursuant to subsection 9.
11. As used in this section, “substantial completion” means
that the construction of a public work is, in accordance with the
contract documents, sufficiently complete that the owner can
occupy and use the public work as intended.
Sec. 6. (Deleted by amendment.)
Sec. 7. Chapter 607 of NRS is hereby amended by adding
thereto a new section to read as follows:
The Public Works Compliance Division shall:
1. At the direction of the Labor Commissioner or upon
receipt of a referral made by a public body pursuant to
NRS 338.070:
(a) Investigate possible violations of the provisions of NRS
338.010 to 338.090, inclusive; and

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(b) Submit to the Labor Commissioner a written report
concerning an investigation conducted pursuant to paragraph (a).
If the investigation was conducted pursuant to a referral made by
a public body pursuant to NRS 338.070, a copy of the report mus t
be provided to the public body.
2. Perform any other duties related to the enforcement of
NRS 338.010 to 338.130, inclusive, as directed by the Labor
Commissioner.
Sec. 8. NRS 607.010 is hereby amended to read as follows:
607.010 The Office of Labor Commissioner is hereby created.
The Office consists of the Labor Commissioner and the Public
Works Compliance Division.
Sec. 9. NRS 607.060 is hereby amended to read as follows:
607.060 The Labor Commissioner may employ:
1. One Chief Assistant, who is in the unclassified service of the
State.
2. Stenographic, clerical and statistical assistance.
3. Any personnel necessary to carry out the duties of the
Public Works Compliance Division.
Sec. 10. NRS 607.130 is hereby amended to read as follows:
607.130 Upon the written request of the Office of Labor
Commissioner, all state and county officers shall furnish all
information in their power necessary to assist in carrying out the
objects of this chapter.
Sec. 11. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 10, inclusive, of this act become effective:
(a) Upon passage and approval for t he purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.

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