Senate Bill No. 162–Senator Rhoads
February 10, 1999
____________
Referred to Committee on Finance
SUMMARY—Establishes program for payment of bonuses to employees of state agencies from certain savings realized by those state agencies. (BDR 31-201)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 353 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 6, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the1-4
context otherwise requires, the words and terms defined in sections 3 and1-5
4 of this act have the meanings ascribed to them in those sections.1-6
Sec. 3. "Agency" means an agency, board, bureau, commission,1-7
department, division, institution or office of the State of Nevada.1-8
Sec. 4. "Employee" means an employee of an agency who is in the1-9
classified or unclassified service of this state.1-10
Sec. 5. 1. If an agency that is funded by appropriation from the1-11
state general fund does not expend the entire amount of money1-12
appropriated for its operating expenses during a fiscal year, the agency1-13
shall:1-14
(a) Within 90 days after the end of that fiscal year, request from the1-15
chief of the budget division of the department of administration:1-16
(1) A report of the cash flow of money for the agency for that fiscal1-17
year; and2-1
(2) The form adopted by the interim finance committee to report the2-2
savings of the agency; and2-3
(b) Complete the report of the savings of the agency on the form2-4
adopted by the interim finance committee and return the report to the2-5
chief of the budget division.2-6
2. The chief of the budget division shall submit the completed report2-7
of the savings of the agency on behalf of the agency to the interim2-8
finance committee within 30 days after receiving the completed report.2-9
3. After receiving a report of the savings of an agency, the interim2-10
finance committee shall:2-11
(a) Review the report at its next meeting;2-12
(b) Determine what portion of the unexpended money reported is a2-13
savings and may be returned to the agency for the payment of bonuses2-14
pursuant to subsection 4, excluding money that does not qualify as a2-15
savings pursuant to subsection 2 of section 6 of this act; and2-16
(c) Require the amount of the savings to be returned to the agency.2-17
4. Money returned to the agency pursuant to subsection 3 must be2-18
used to pay bonuses to those persons chosen by the head of the agency2-19
who are employed by the agency on the date the bonuses are to be paid.2-20
To determine which employees of the agency are entitled to receive a2-21
bonus, the head of the agency shall first give consideration to those2-22
employees whose work was most instrumental in realizing the savings.2-23
The determination of the head of the agency concerning which2-24
employees are entitled to receive bonuses and the amounts of those2-25
bonuses is not subject to approval and may not be appealed.2-26
5. A bonus paid pursuant to this section must not exceed 10 percent2-27
of the salary of an employee for the preceding 6 months or $2,500,2-28
whichever is less.2-29
6. If the money returned to an agency exceeds the amount required2-30
to pay bonuses pursuant to subsection 4, the agency shall deposit the2-31
excess amount with the state treasurer for credit to the fund to stabilize2-32
the operation of the state government.2-33
Sec. 6. 1. The interim finance committee shall adopt a form to be2-34
used by agencies for reporting savings. The form must include:2-35
(a) The amount of money appropriated to an agency for its work2-36
program for the fiscal year;2-37
(b) The amount of money expended by the agency;2-38
(c) A description of the manner in which the savings were realized,2-39
including, without limitation:2-40
(1) The amount of the savings;2-41
(2) The program used to realize the savings;2-42
(3) The date on which the program was initiated;2-43
(4) The time required for carrying out that program; and3-1
(5) The manner in which the program improved the efficiency of3-2
the agency or the services provided by the agency, or both; and3-3
(d) Any other information deemed necessary by the interim finance3-4
committee to determine whether the savings were realized because of3-5
increased efficiency, and not from money that does not qualify for3-6
consideration as savings pursuant to subsection 2.3-7
2. Unexpended money of an agency does not qualify for3-8
consideration as savings if the money is:3-9
(a) From funds, other than the state general fund, made available to3-10
the agency for the fiscal year;3-11
(b) Set aside as a reserve pursuant to NRS 353.225;3-12
(c) Realized from the deferred payment of a capital expense or3-13
equipment purchased by the agency;3-14
(d) Received from supplemental appropriations;3-15
(e) Realized from the shifting of costs to another agency or3-16
governmental entity;3-17
(f) Realized from the failure of the agency to fill a position which is3-18
not eliminated;3-19
(g) Realized from a grant that is not expended; or3-20
(h) Realized from reducing the amount or quality of services provided3-21
by the agency.3-22
Sec. 7. NRS 353.253 is hereby amended to read as follows: 353.253 1. Every agency, department and institution of the State of3-24
Nevada shall deposit all money received from the Federal Government, the3-25
counties or other sources, in the state treasury as provided in NRS 353.2503-26
unless otherwise provided by law. These deposits must be made to work3-27
program accounts directly or to other budget accounts.3-28
2. Except as otherwise provided in section 5 of this act and except for3-29
the balance in any proprietary fund and appropriated or authorized3-30
reserves, any balance remaining at the end of a fiscal year in a budget3-31
account of an agency, department or institution of the State of Nevada,3-32
whether or not authorized for expenditure under a work program, reverts to3-33
the source of funding supporting the agency, department or institution. If3-34
that source of funding is federal money or a source of revenue the use of3-35
which is restricted by statute, then the balance may be authorized for3-36
expenditure under a work program for the subsequent fiscal year in3-37
accordance with the provisions of this chapter.3-38
3. No provision of this chapter may be construed to authorize or direct3-39
the transfer, expenditure or reversion of any money received from the3-40
Federal Government contrary to the conditions upon which that money was3-41
received or to any federal law or regulation respecting the accountability3-42
therefor.4-1
4. This section does not apply to the board of regents of the University4-2
of Nevada and the Nevada state museum.4-3
Sec. 8. This act becomes effective on July 1, 1999.~