Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(82nd) A AB210 R1 575 Amendment No.
210–Assemblymen575 Duran,Senate Torres,Amendment González;to Assembly Bill No.
Carter,210 Gorelow,First LaReprint Rue(BDR Hatch,28-832) Marzola,Proposed Newby,by: Nguyen and Thomas CHAPTER..........
Senate Committee on Government Affairs Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
TJO/HAC - Date:
5/18/2023 A.B.
No.
210—Revises provisions governing public works.
(BDR 28-832) Page 1 of 5 *A_AB210_R1_575* Senate Amendment No.
575 to Assembly Bill No.
210 First Reprint Page 3 A SSEMBLY B ILLN O.
210–ASSEMBLYMEN DURAN , ORRES , GONZÁLEZ;
CARTER , GORELOW , LARUE H ATCH, MARZOLA , EWBY , GUYEN AND T HOMAS F EBRUARY 22, 2023 _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing public works.
(BDR 28-832) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
The hourly and daily rate must not be less than bythe prevailing wage in the Laborregion Commissioner.in 338.030) Section 5.5 of this bill requires each contractor engaged on a public work to provide his or her workers [assigned to the public work with] at the time of hire a written or electronic notice that sets forth:
(NRS 338.020, 338.030) Section 5.5 of this billdetermined requires each contractor engaged on a public work to provide his or her workers at the time of hire a written or electronic notice that sets forth:
Section 5.5 further requires the contractor to obtain [from each worker] a written or electronic acknowledgment of receipt of [the] any notice, to be maintained by the contractor for a period of at least 2 years and made available to the Labor Commissioner upon request.
(NRS 338.090) Section 6 of this bill requires, without exception, a person found to have willfully and repeatedly failed to pay the prevailing wage to pay an affected worker damages in an amount that is equal to the differencewagedifference to between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid to the affected worker.
EXPLANATIONSenate –Amendment MatterNo. in bolded italics is new;
matter575 between brackets [omitted material] is material to beAssembly omitted.Bill No.
210 First Reprint Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-5.2.
(Deleted by amendment.) - 82nd Session (2023) – 2 – Sec.
3.
(Deleted by amendment.) Sec.
4.
(Deleted by amendment.) Sec.
5.
(Deleted by amendment.) Sec.
A contractor engaged on a public work shall provide to his or her workers [assigned to the public work] at the time of hire a written or electronic notice that includes, without limitation:
(a) The Internet website of the Labor Commissioner where the pre(b)prevailing Thewage namerates offor the contractor;public work are posted;
andork(b) areThe posted;name of the contractor;
and (c) The physical address of the principal place of business of the contractor.
A contractor shall obtain a written or electronic acknowledgement of receipt of [the] any notice pursuant to this section.section .
The[from acknowledgementeach ofworker noticeassigned must be maintained by the contractor for at least 2 years, made available to the Laborpublic Commissionerwork. upon request and include, without limitation:
Each] The acknowledgement of notice must be maintained by the contractor for at least 2 years, made available to the Labor Commissioner upon request and include, without limitation:
Except as otherwise provided in subsection 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090, inclusive, or any regulation adopted pursuant thereto,ther2.o,The isLabor guiltyCommissioner, ofin aaddition misdemeanor.to any other remedy or penalty provided in this chapter:
2.(a) Shall, except as otherwise provided in subsection 4, assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid;
The Labor Commissioner, in addition to any other remedy or penalty provided in this chapter:
(a) Shall, except as otherwise provided in subsection 4, assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 prevailing wages required to be paid and the wages that thetween the contractor or subcontractor actually paid;
If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay - 82nd Session (2023) – 3 – the actual costs incurred by the public body to investigate the matter.
The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wages subcontractorrequired actuallyto be paid ifand the wages that the contractor or subcontractor hasactually already paid thatif amountthe tocontractor aor workerSenate pursuantAmendment toNo. paragraph (c) of subsection 4 of NRS 338.035.
575 to Assembly Bill No.
210 First Reprint Page 5 subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035.
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