SB 433 — Revises provisions relating to prevailing wages. (BDR 28-541)

(ReprintedSenate withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT S.B.

433433–Senator SENATEDaly BILLCHAPTER.......... N O.

433–SENATOR D ALY M ARCH 27, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to prevailing wages.

(BDR 28-541) 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.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- *SB433_R1* – 2 – 2.

338.050 For the purpose of NRS 338.010 to 338.090, inclusive, and section 3 of this act, except as otherwise provided by specific statute, every worker who performs work for a public work covered by a contract therefor is subject to all of the provisions of NRS 338.010 to 338.090, inclusive, and section 3 of this act, regardless - 82nd Session (2023) – 2 – of any contractual relationship alleged to exist between such worker and his or her employer.

(a) Investigate possible violations of the provisions of NRS 338.010 to 338.090, inclusive, and section 3 of this act 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;

(a)subcontractor Inquirein ofconnection eachwith workerthe employedpublic bywork:tractor or (1) Whether the contractorworker orwishes subcontractorto inspecify connectionvoluntarily withhis theor publicher work:gender;

(1)and (2) Whether the worker wishes to specify voluntarily his or her gender;ethnicity;

and - *SB433_R1* – 3 – (2) Whether the worker wishes to specify voluntarily his or her ethnicity;

 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 - 82nd Session (2023) – 3 – a worker wishes to specify voluntarily his or her gender or ethnicity.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.

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.

(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 4, or an information;

-open *SB433_R1*at –all 4reasonable –hours 6.to the inspection of the public body awarding the contract.

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 copy of the record maintained pursuant to paragraph (b) of subsection 5 is confidential and not open to public - 82nd Session (2023) – 4 – inspection.

The Labor Commissioner shall adopt regulations authorizing and prescribing the procedures for the electronic filing of the copies of the records required to be provided monthly by a contractor ororpies of subcontractor to a public body pursuant to this subsection.

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.misdemeanor.ly Sec.

Sec.

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and - 82nd Session (2023) – 5 – (b) May, in addition to any other administrative penalty, impose an administrative penalty not to exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter.

pay3. the prevailing wage required pursuant to NRS 338.020 toiled to 338.090, inclusive, and section 3 of this act, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.

If the Labor Commissioner finds that a person has failed to 338.090, inclusive, and section 3 of this act, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.

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