Revises provisions relating to public works. (BDR 28-193)

A.B. 94

- *AB94*

ASSEMBLY BILL NO. 94–ASSEMBLYMEMBER O’NEILL

PREFILED JANUARY 13, 2025
____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to public works.
(BDR 28-193)

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 public works; requiring contractors and
subcontractors on a public work to register for and
participate in the federal E -Verify employment
verification system to verify eligibility for employment
for all workers on the public work; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, a contractor or subcontractor on a public work is required 1
to comply with certain requirements, such as making employment decisions 2
without discrimination based on race, color, creed, national origi n, sex, sexual 3
orientation, gender identity or expression or age. (NRS 338.125) Section 1 of this 4
bill requires each contractor and subcontractor on a public work to register for and 5
participate in the federal E -Verify employment verification system to verify the 6
employment eligibility of all workers on the public work. Section 2 of this bill: (1) 7
requires the Labor Commissioner to enforce the provisions of section 1; and (2) 8
authorizes the Labor Commissioner to impose certain administrative penalties for 9
violations of section 1. 10

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 a new section to read as follows: 2
1. Each contractor and subcontractor on a public work shall 3
register for and participate in the E -Verify system to verify the 4
eligibility for employment of all workers on the public work. 5

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- *AB94*
2. As used in this section, “E -Verify system” means the 1
electronic employment verification system established pursuant to 2
8 U.S.C. § 1324a and administered by the United States 3
Department of Homel and Security through which employers may 4
verify the eligibility for employment of their employees. 5
Sec. 2. NRS 338.015 is hereby amended to read as follows: 6
338.015 1. The Labor Commissioner shall enforce the 7
provisions of NRS 338.010 to 338.130, inclusive [.] , and section 1 8
of this act. 9
2. Except as otherwise provided in NRS 338.035 and i n 10
addition to any other remedy or penalty provided in this chapter, if 11
any person, including, without limitation, a public body, violates 12
any provision of NRS 338.010 to 338.130, inclusive , and section 1 13
of this act , or any regulation adopted pursuant thereto, the Labor 14
Commissioner may, after providing the person with notice and an 15
opportunity for a hearing, impose against the person an 16
administrative penalty of not more than $5,000 for e ach such 17
violation. 18
3. The Labor Commissioner may, by regulation, establish a 19
sliding scale based on the severity of the violation to determine the 20
amount of the administrative penalty to be imposed against the 21
person pursuant to this section. 22
4. The Labor Commissioner shall report the violation to the 23
Attorney General, and the Attorney General may prosecute the 24
person in accordance with law. 25

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