Assembly Bill No. 660–Committee on Ways and Means

(On Behalf of Budget Division)

March 22, 1999

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Referred to Committee on Ways and Means

 

SUMMARY—Revises provisions governing employees of office of governor. (BDR 18-1466)

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 the office of the governor; removing the employees of the office of the governor from the classified and unclassified service of the state; requiring the governor to adopt certain rules and policies and determine the salaries of the employees of the office of the governor; 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 223.085 is hereby amended to read as follows:

1-2 223.085 [Except as otherwise provided in NRS 284.143, employees in

1-3 the governor’s office in the unclassified service of the state shall devote

1-4 their entire time and attention to the business of their offices and shall not

1-5 pursue any other businesses or occupations or hold any other offices of

1-6 profit.]

1-7 1. The governor may, within the limits of available money, employ

1-8 such persons as he deems necessary to provide an appropriate staff for

1-9 the office of the governor, including, without limitation, the agency for

1-10 nuclear projects and the governor’s mansion. Any such employees are

1-11 not in the classified or unclassified service of the state and serve at the

1-12 pleasure of the governor.

1-13 2. Each person employed pursuant to subsection 1 must be provided

1-14 the same benefits as all other state employees, including, without

1-15 limitation, annual leave, sick leave, pay to encourage continuity of

2-1 service, group health insurance, workers’ compensation insurance,

2-2 unemployment compensation benefits and contributions to the public

2-3 employees’ retirement system.

2-4 3. The governor shall:

2-5 (a) Except as otherwise provided in subsection 4, determine the

2-6 salaries of the persons employed pursuant to subsection 1, within limits

2-7 of money available for that purpose; and

2-8 (b) Adopt such rules and policies as he deems appropriate to establish

2-9 the duties and employment rights of the persons employed pursuant to

2-10 subsection 1.

2-11 4. The governor shall not increase the salary of a person employed

2-12 pursuant to subsection 1 by more than 7 1/2 percent per budgeted

2-13 biennium, excluding the percentage of any cost of living increase that is

2-14 provided to all state employees and any increase in a benefit that is

2-15 provided to all state employees, including, without limitation, insurance

2-16 and retirement benefits. As used in this subsection, the term "salary"

2-17 includes all monetary and nonmonetary benefits provided to the person

2-18 for the performance of his duties as a public employee.

2-19 5. The governor shall transmit to the interim finance committee a

2-20 report of any change in the number of persons employed pursuant to

2-21 subsection 1 and of the annual dollar amount and percentage of any

2-22 change in the salary or other monetary or nonmonetary benefits provided

2-23 to a person employed pursuant to subsection 1, within 30 days after the

2-24 change becomes effective.

2-25 Sec. 2. NRS 284.140 is hereby amended to read as follows:

2-26 284.140 The unclassified service of the state consists of positions held

2-27 by state officers or employees in the executive department of the state

2-28 government as follows:

2-29 1. Persons chosen by election or appointment to fill an elective office.

2-30 2. Members of boards and commissions, and heads of departments,

2-31 agencies and institutions required by law to be appointed.

2-32 3. At the discretion of the elective officer or head of each department,

2-33 agency or institution, one deputy and one chief assistant in each

2-34 department, agency or institution.

2-35 4. [All employees in the office of the governor and all] Except as

2-36 otherwise provided in NRS 223.085, all persons required by law to be

2-37 appointed by the governor or heads of departments or agencies appointed

2-38 by the governor or by boards.

2-39 5. All employees other than clerical in the office of the attorney general

2-40 and the state public defender required by law to be appointed by the

2-41 attorney general or the state public defender.

2-42 6. Except as otherwise provided by the board of regents of the

2-43 University of Nevada pursuant to NRS 396.251, officers and members of

3-1 the teaching staff and the staffs of the agricultural extension department and

3-2 experiment station of the University and Community College System of

3-3 Nevada, or any other state institution of learning, and student employees of

3-4 these institutions. Custodial, clerical or maintenance employees of these

3-5 institutions are in the classified service. The board of regents of the

3-6 University of Nevada shall assist the director in carrying out the provisions

3-7 of this chapter applicable to the University and Community College System

3-8 of Nevada.

3-9 7. Officers and members of the Nevada National Guard.

3-10 8. Persons engaged in public work for the state but employed by

3-11 contractors when the performance of the contract is authorized by the

3-12 legislature or another competent authority.

3-13 9. Patient and inmate help in state charitable, penal, mental and

3-14 correctional institutions.

3-15 10. Part-time professional personnel who are paid for any form of

3-16 medical, nursing or other professional service and who are not engaged in

3-17 the performance of administrative or substantially recurring duties.

3-18 11. All other officers and employees authorized by law to be employed

3-19 in the unclassified service.

3-20 Sec. 3. 1. The provisions of subsection 1 of section 1 of chapter 562,

3-21 Statutes of Nevada 1997, at page 2728, do not apply to any persons

3-22 employed by the governor pursuant to section 1 of this act.

3-23 2. If a new salary is established pursuant to NRS 223.085, as amended

3-24 by this act, for a position in the office of the governor which is the same as

3-25 or substantially similar in duties to one that exists on the effective date of

3-26 this act, the new salary must not be greater than 7 1/2 percent more than the

3-27 previous salary established in subsection 1 of section 1 of chapter 562,

3-28 Statutes of Nevada 1997, at page 2728, for the same or substantially similar

3-29 position, excluding the percentage of any cost of living increase that is

3-30 provided to all state employees after the effective date of this act and before

3-31 the date on which the salary is determined.

3-32 Sec. 4. On or before September 30, 1999, the governor shall transmit a

3-33 report to the interim finance committee which lists the positions created

3-34 pursuant to subsection 1 of NRS 223.085, as amended by this act, and

3-35 includes the duties and annual dollar amount of the salary and any other

3-36 monetary and nonmonetary benefits to be provided for each position.

3-37 Sec. 5. This act becomes effective upon passage and approval.

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