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Bill

Bill

AB 94

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

2025 Regular Session

Requires contractors on public works to register with and use the federal E-Verify system to verify employment eligibility of all workers.

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.)
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WeVote Research Nonpartisan
Bill Summary · AB 94

AB 94 — Summary (compiled from provided documents)

Note up front: the documents provided include two distinct texts under the label “AB 94.” One is an “As Introduced” bill (BDR 28‑193 / public works — E‑Verify) that appears directed to Nevada law (NRS references). The other is an amendment/floor version (marked AB 94, Bennett) that amends California Elections Code sections on recall elections. Below is a concise, objective summary of both texts and the procedural history included in the materials.

A. Primary (As Introduced) — Public works; E‑Verify requirement (BDR 28‑193)

Purpose
- Require contractors and subcontractors on public works to register with and use the federal E‑Verify system to confirm employment eligibility of all workers on public construction projects.

Key provisions
- New statutory section (Chapter 338, NRS): each contractor and subcontractor on a public work must register for and participate in E‑Verify (the federal electronic employment verification system administered by DHS under 8 U.S.C. §1324a).
- Enforcement added to NRS 338.015: the Labor Commissioner is authorized to enforce the new requirement in addition to existing public‑works labor laws.
- Administrative penalties: the Labor Commissioner may impose administrative fines up to $5,000 per violation (after notice and opportunity for hearing), with authority to adopt a sliding scale based on severity.
- Reporting and prosecution: violations are to be reported to the Attorney General, who may prosecute as appropriate.

Affected parties
- Contractors and subcontractors working on public works (state and local public construction projects).
- Public bodies that procure public works could be indirectly affected through compliance and contractor selection.

Fiscal impact
- The bill’s documents state “Effect on Local Government: No. Effect on the State: No.” (per the provided fiscal note). Enforcement could, however, involve administrative costs and potential penalties collected per the statute.

B. Alternate Amendment — Elections Code changes re: recall successors (AB 94, Bennett)

Purpose
- Amend California Elections Code provisions governing successors in recall elections.

Key provisions
- Section 11382 (local recall): If a local officer is recalled by a majority vote, the officer is removed and the office remains vacant until filled according to law — and the removed officer is explicitly prohibited from being appointed to fill that vacancy.
- Section 11385 (statewide recall): Clarifies that if a state officer is recalled, the candidate receiving the highest number of votes in the recall election is declared elected to serve the unexpired term.

Affected parties
- Elected local officers subject to recall; local appointment authorities.
- Candidates and voters in statewide recall elections.

Procedural / Status notes

  • The timeline in the materials shows extensive legislative action ending with: “Approved by the Governor 2025‑10‑03; Chaptered — Chapter 251, Statutes of 2025.” If accurate, the public‑works (E‑Verify) version appears to have been enacted.
  • The header also contains: “(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.)” and multiple dates (Jan 7 and Jan 13, 2025). Because the supplied documents appear to combine materials from different jurisdictions and versions, verify the current enacted text and jurisdiction (California vs. Nevada) with the official legislative website or the Secretary of State’s chaptered statutes before relying on the law for compliance or legal advice.

If you want, I can:
- Pull and display the enacted statutory language (chaptered statute) from the official state repository, or
- Prepare a redline comparing existing law to the proposed changes for either the E‑Verify or the recall provisions.

Compiled from official sources — confirm details with the bill’s official record.

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