Assembly Bill No. 608–Committee on Government Affairs

March 18, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Expands applicability of provisions regarding collective bargaining and occupational diseases to include certain additional peace officers. (BDR 23-1277)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to peace officers; expanding the applicability of certain provisions relating to relations between local governments and public employees to include certain additional peace officers; expanding applicability of certain provisions relating to occupational diseases to include certain additional peace officers; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 288.140 is hereby amended to read as follows:

1-2 288.140 1. It is the right of every local government employee,

1-3 subject to the limitation provided in subsection 3, to join any employee

1-4 organization of his choice or to refrain from joining any employee

1-5 organization. A local government employer shall not discriminate in any

1-6 way among its employees on account of membership or nonmembership in

1-7 an employee organization.

1-8 2. The recognition of an employee organization for negotiation,

1-9 pursuant to this chapter, does not preclude any local government employee

1-10 who is not a member of that employee organization from acting for himself

1-11 with respect to any condition of his employment, but any action taken on a

1-12 request or in adjustment of a grievance shall be consistent with the terms of

1-13 an applicable negotiated agreement, if any.

1-14 3. A police officer, sheriff, deputy sheriff or other law enforcement

1-15 officer may be a member of an employee organization only if [such] the

1-16 employee organization is composed exclusively of law enforcement

2-1 officers. The term "law enforcement officer" includes, without limitation,

2-2 local governmental employees who have the powers of a peace officer

2-3 pursuant to subsection 1, 2, 4 or 5 of NRS 289.150, NRS 289.170,

2-4 subsection 1 of NRS 289.190 or subsection 2 of NRS 289.220, and who

2-5 are certified by the peace officers’ standards and training committee.

2-6 Sec. 2. NRS 288.215 is hereby amended to read as follows:

2-7 288.215 1. As used in this section:

2-8 (a) "Firemen" means those persons who are salaried employees of a fire

2-9 prevention or suppression unit organized by a political subdivision of the

2-10 state and whose principal duties are controlling and extinguishing fires.

2-11 (b) "Police officers" means those persons who are salaried employees

2-12 of a police department or other law enforcement agency organized by a

2-13 political subdivision of the state and whose principal duties are to enforce

2-14 the law. The term includes, without limitation, local governmental

2-15 employees who have the powers of a peace officer pursuant to subsection

2-16 1, 2, 4 or 5 of NRS 289.150, NRS 289.170, subsection 1 of NRS 289.190

2-17 or subsection 2 of NRS 289.220, and who are certified by the peace

2-18 officers’ standards and training committee.

2-19 2. The provisions of this section apply only to firemen and police

2-20 officers and their local government employers.

2-21 3. If the parties have not agreed to make the findings and

2-22 recommendations of the factfinder final and binding upon all issues, and

2-23 do not otherwise resolve their dispute, they shall, within 10 days after the

2-24 factfinder’s report is submitted, submit the issues remaining in dispute to

2-25 an arbitrator who must be selected in the manner provided in NRS 288.200

2-26 and have the same powers provided for factfinders in NRS 288.210.

2-27 4. The arbitrator shall, within 10 days after he is selected, and after 7

2-28 days’ written notice is given to the parties, hold a hearing to receive

2-29 information concerning the dispute. The hearings must be held in the

2-30 county in which the local government employer is located and the

2-31 arbitrator shall arrange for a full and complete record of the hearings.

2-32 5. At the hearing, or at any subsequent time to which the hearing may

2-33 be adjourned, information may be presented by:

2-34 (a) The parties to the dispute; or

2-35 (b) Any interested person.

2-36 6. The parties to the dispute shall each pay one-half of the costs

2-37 incurred by the arbitrator.

2-38 7. A determination of the financial ability of a local government

2-39 employer must be based on all existing available revenues as established

2-40 by the local government employer and within the limitations set forth in

2-41 NRS 354.6241, with due regard for the obligation of the local government

2-42 employer to provide facilities and services guaranteeing the health, welfare

2-43 and safety of the people residing within the political subdivision.

3-1 8. At the recommendation of the arbitrator, the parties may, before the

3-2 submission of a final offer, enter into negotiations. If the negotiations are

3-3 begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An

3-4 agreement by the parties is final and binding, and upon notification to the

3-5 arbitrator, the arbitration terminates.

3-6 9. If the parties do not enter into negotiations or do not agree within 30

3-7 days, each of the parties shall submit a single written statement containing

3-8 its final offer for each of the unresolved issues.

3-9 10. The arbitrator shall, within 10 days after the final offers are

3-10 submitted, accept one of the written statements, on the basis of the criteria

3-11 provided in NRS 288.200, and shall report his decision to the parties. The

3-12 decision of the arbitrator is final and binding on the parties. Any award of

3-13 the arbitrator is retroactive to the expiration date of the last contract.

3-14 11. The decision of the arbitrator must include a statement:

3-15 (a) Giving his reason for accepting the final offer that is the basis of his

3-16 award; and

3-17 (b) Specifying his estimate of the total cost of the award.

3-18 Sec. 3. NRS 617.135 is hereby amended to read as follows:

3-19 617.135 "Police officer" includes:

3-20 1. A sheriff, deputy sheriff, officer of a metropolitan police department

3-21 or city policeman;

3-22 2. A chief, inspector supervisor, commercial officer or trooper of the

3-23 Nevada highway patrol [;] division of the department of motor vehicles

3-24 and public safety;

3-25 3. A chief, investigator or agent of the investigation division of the

3-26 department of motor vehicles and public safety;

3-27 4. An officer or investigator for the control of emissions from vehicles

3-28 of the registration division of the department of motor vehicles and public

3-29 safety;

3-30 5. An investigator of the bureau of enforcement of the registration

3-31 division of the department of motor vehicles and public safety;

3-32 6. A member of the police department of the University and

3-33 Community College System of Nevada;

3-34 7. A:

3-35 (a) Uniformed employee of; or

3-36 (b) Forensic specialist employed by,

3-37 the department of prisons whose position requires regular and frequent

3-38 contact with the offenders imprisoned and subjects the employee to recall

3-39 in emergencies;

3-40 8. A parole and probation officer of the division of parole and

3-41 probation of the department of motor vehicles and public safety; [and]

4-1 9. A forensic specialist or correctional officer employed by the mental

4-2 hygiene and mental retardation division of the department of human

4-3 resources at facilities for mentally disordered offenders [.] ;

4-4 10. A special investigator employed by the office of the attorney

4-5 general or an investigator employed by a district attorney, who is certified

4-6 by the peace officers’ standards and training committee;

4-7 11. A school police officer employed or appointed pursuant to

4-8 subsection 4 of NRS 391.100 who is certified by the peace officers’

4-9 standards and training committee;

4-10 12. An officer or employee of the Nevada youth training center who

4-11 is certified by the peace officers’ standards and training committee;

4-12 13. A legislative police officer of the State of Nevada or police officer

4-13 of the Capitol Building, who is certified by the peace officers’ standards

4-14 and training committee;

4-15 14. An assistant or deputy of the state fire marshal who is certified by

4-16 the peace officers’ standards and training committee;

4-17 15. A person designated as a game warden pursuant to NRS 501.349

4-18 who is certified by the peace officers’ standards and training committee;

4-19 16. A taxicab field investigator who is certified by the peace officers’

4-20 standards and training committee;

4-21 17. An agent of the state gaming control board whose duties include

4-22 the enforcement, or the investigation of suspected violations, of statutes

4-23 or regulations, and who is certified by the peace officers’ standards and

4-24 training committee; and

4-25 18. A security officer employed by a board of county commissioners

4-26 pursuant to NRS 244.167 or by the governing body of a city pursuant to

4-27 NRS 266.323, who is certified by the peace officers’ standards and

4-28 training committee.

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