S.B. 270
- *SB270*
SENATE BILL NO. 270–SENATOR NGUYEN
MARCH 4, 2025
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to governmental
administration. (BDR 28-778)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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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 governmental administration; requiring each
contractor and subcontractor on a public work or a project
paid for in whole or in part by public funds to produce
certain documents for inspection upon request from
certain entities; requiring a contractor or subcontractor to
provide the representative of a joint labor-management
committee reasonable access to a public work to monitor
compliance with requirements relating to the use of
apprenticeships and the payment of prevailing wages; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the payment of prevailing wages to certain workers on a 1
public work. (NRS 338.020) Existing law makes the prevailing wage requirements 2
applicable to certain other construction projects that do not meet the definition of a 3
“public work.” (See, e.g. NRS 244.286, 244A.058, 244A.763, 268.568, 271.710, 4
271.800, 278C.240, 279.500, 318.140, 318.144, 321.416, 332.390, 333A.120, 5
349.670, 349.956, 349.981, 388A.635, 408.3886, 543.545, 701B.265, 701B.625) 6
Section 2 of this bill requires a contractor or subcontractor on a public work or 7
other project paid for in whole or in part from public funds to provide certain 8
documents upon the written request of a Taft-Hartley trust fund or a joint labor-9
management committee. The documents that may be inspected upon request, as 10
they relate to the public work, are: (1) the bid on the contract and any documents 11
submitted as part of the bidding process; (2) any executed contract or subcontract; 12
and (3) any record of work performed, including, without limitation, payroll 13
records. Section 2 provides that: (1) the requested documents must be produced 14
within 10 days after receipt of a written request; and (2) personal identifying 15
information must be redacted from any requested document. Section 2 further 16
provides that: (1) if a document requested is not provided within 10 days after 17
receipt of a written request, the requesting party may file a complaint with the 18
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Labor Commissioner; (2) upon review of such a complaint, the Labor 19
Commissioner may impose an administrative penalty against the noncompliant 20
party in the amount of $100 for each day the document is not produced; and (3) a 21
contractor will not be penalized for failing to produce any requested document that 22
is in the possession or control of a subcontractor. For the purposes of section 2, it 23
shall be deemed that a project is a project paid for in whole or in part by public 24
money if: (1) a public body pays money or other compensation directly to or on 25
behalf of the developer or contractor of the project or any subcontractor who 26
performs any work on the project; (2) a public body pays, credits, reduces, forgives 27
or waives any fee, cost, rent, insurance premium, bond premium, obligation or 28
expense in relation to the project that is normally required in the execution of a 29
contract for a public work; (3) a public body loans money in relation to the project 30
that is required to be repaid to the public body on a contingent basis; or (4) in 31
relation to the project, a public body transfers the project for less than fair market 32
value. 33
Section 3 of this bill provides that a representative of a joint labor-management 34
committee must be given reasonable access to a public work to monitor compliance 35
with prevailing wage and certain apprenticeships requirements. Section 3 exempts 36
a public body, contractor or subcontractor on a public work from liability for any 37
injury sustained by, or violation of any standard for occupational safety and health 38
as a result of monitoring by, a representative of a joint labor-management 39
committee. Section 3 further authorizes a joint labor-management committee to 40
bring a cause of action in a court of competent jurisdiction against a public body, 41
contractor or subcontractor who denies reasonable access to a public work and, if 42
the joint labor-management committee prevails, to be awarded: (1) $1,000 for each 43
occasion reasonable access was denied; and (2) reasonable attorney’s fees and 44
costs. Section 3 defines “reasonable access” as access during reasonable working 45
hours that does not disrupt the performance of any work and does not violate any 46
occupational safety and health standards. 47
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 the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. 1. Upon written request of a Taft-Hartley 3
multiemployer pension trust fund formed pursuant to 29 U.S.C. § 4
186(c)(5) or a joint labor-management committee established 5
pursuant to 29 U.S.C. § 175a, each contractor and subcontractor 6
shall make available for inspection the following documents 7
relating to a public work or other project paid for in whole or in 8
part by public money: 9
(a) The bid on the contract and any documents submitted as 10
part of the bidding process on the public work or project paid for 11
in whole or in part by public money; 12
(b) Any executed contract or subcontract relating to the public 13
work or project paid for in whole or in part by public money; and 14
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(c) Any record of work performed on the public work or other 1
project paid for in whole or in part by public money, including, 2
without limitation, payroll records. 3
2. If a contractor or subcontractor fails to make any 4
document requested pursuant to subsection 1 available for 5
inspection within 10 days after receipt of a written request, the 6
requesting party may file a complaint with the Labor 7
Commissioner. Upon review of such a complaint, the Labor 8
Commissioner may, except as otherwise provided in subsection 4, 9
impose an administrative penalty of $100 upon the noncompliant 10
contractor or subcontractor for each day the document is not 11
made available for inspection. 12
3. Each contractor and subcontractor shall, before making 13
any record available for inspection pursuant to subsection 1, 14
redact any personal identifying information, including, without 15
limitation, social security numbers and dates of birth. 16
4. A contractor must not be subject to a penalty imposed 17
pursuant to subsection 2 for failure to produce any document 18
requested that is in the possession or control of a subcontractor. 19
5. For the purposes of this section, it shall be deemed that a 20
project is a project paid for in whole or in part by public money if: 21
(a) A public body pays money or other compensation directly 22
to or on behalf of the developer or contractor of the project or any 23
subcontractor who performs any work on the project; 24
(b) A public body pays, credits, reduces, forgives or waives any 25
fee, cost, rent, insurance premium, bond premium, obligation or 26
expense in relation to the project that is normally required in the 27
execution of a contract for a public work; 28
(c) A public body loans money in relation to the project that is 29
required to be repaid to the public body on a contingent basis; or 30
(d) In relation to the project, a public body transfers the 31
project for less than fair market value. 32
Sec. 3. 1. A representative of a joint labor-management 33
committee established pursuant to 29 U.S.C. § 175a must be given 34
reasonable access to a public work to monitor compliance with the 35
provisions of NRS 338.01165 and 338.020 to 338.090, inclusive. 36
2. A public body, contractor or subcontractor on a public 37
work shall not be liable for any violation of any occupational 38
safety and health standard as a result of the monitoring of a public 39
work by a representative of a joint labor-management committee 40
pursuant to subsection 1. 41
3. Any injury sustained by a representative of a joint labor-42
management committee while monitoring a public work pursuant 43
to subsection 1 is subject to the workers’ compensation or liability 44
insurance policy of the joint labor-management committee and is 45
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not a liability of the public body or any contractor or 1
subcontractor on the public work. 2
4. A joint labor-management committee may bring a cause of 3
action in a court of competent jurisdiction against a public body, 4
contractor or subcontractor who denies a representative of a joint 5
labor-management committee reasonable access to a public work 6
pursuant to subsection 1. An action brought pursuant to this 7
subsection must be brought within 6 months after the date the 8
representative was denied reasonable access. If the joint labor-9
management committee is the prevailing party in an action 10
brought pursuant to this subsection, the court shall award the 11
joint labor-management committee: 12
(a) One thousand dollars for each occasion reasonable access 13
was denied; and 14
(b) Reasonable attorney’s fees and costs. 15
5. As used in this section, “reasonable access” means access 16
during reasonable working hours that does not disrupt the 17
performance of any work on a public work and does not violate 18
any occupational safety and health standards. 19
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