Assembly Bill No. 653–Committee on Ways and Means

March 22, 1999

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Referred to Committee on Ways and Means

 

SUMMARY—Revises provisions relating to peace officers employed by state. (BDR 23-1700)

FISCAL NOTE: Effect on Local Government: No.

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; requiring a peace officer to reimburse his state employer for the cost of training at a law enforcement training academy under certain circumstances; authorizing a state employer of a peace officer to recover the cost of training from the paycheck of an employee under certain circumstances; requiring the personnel commission of the department of personnel to adopt certain regulations; 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. Chapter 289 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. A state employee who:

1-4 (a) Attends training for initial certification as a category I peace

1-5 officer at a law enforcement training academy at the expense of his state

1-6 employer; and

1-7 (b) Resigns from state employment within 2 years after graduating

1-8 from the academy,

1-9 shall reimburse his employer for the cost of the training.

1-10 2. An employer who is entitled to reimbursement pursuant to

1-11 subsection 1 may deduct the cost of the training from the unencumbered

1-12 portion of the final paychecks of the employee. If the unencumbered

1-13 amount of the final paychecks of the employee is insufficient to

1-14 reimburse the employer in full, the employer may obtain a writ of

2-1 attachment or garnishment against the property or wages of the

2-2 employee pursuant to NRS 31.010 to 31.460, inclusive, to the extent

2-3 necessary to reimburse the employer in full for the cost of the training.

2-4 3. The personnel commission of the department of personnel, in

2-5 cooperation with the director of the budget division of the department of

2-6 administration, shall adopt regulations which:

2-7 (a) Define "law enforcement training academy" for the purposes of

2-8 this section. The definition must include, without limitation:

2-9 (1) An academy which provides training required for certification

2-10 as a peace officer pursuant to the standards established by the peace

2-11 officers’ standards and training committee; and

2-12 (2) An academy which provides training required for appointment

2-13 as an officer of the Nevada highway patrol; and

2-14 (b) Determine the direct cost to a state agency of the training at each

2-15 such academy and set forth the amount of reimbursement required in

2-16 each circumstance pursuant to this section.

2-17 4. As used in this section, "category I peace officer" means a person

2-18 within the first training category established by the peace officers’

2-19 standards and training committee or a similar category established by

2-20 another law enforcement academy for peace officers who are empowered

2-21 by law to perform a broad spectrum of law enforcement duties and whose

2-22 primary functions specifically include:

2-23 (a) Routine patrol;

2-24 (b) Criminal investigations;

2-25 (c) Enforcement of traffic laws; and

2-26 (d) Investigation of motor vehicle accidents.

2-27 Sec. 2. 1. The personnel commission of the department of personnel

2-28 shall adopt the regulations required pursuant to section 1 of this act on or

2-29 before November 1, 1999.

2-30 2. Notwithstanding the provisions of section 1 of this act, the required

2-31 reimbursement does not apply to a state employee who begins training at a

2-32 law enforcement training academy before January 1, 2000.

2-33 Sec. 3. This act becomes effective upon passage and approval.

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