Assembly Bill No. 42–Committee on Commerce and Labor

Prefiled January 26, 2001

(On Behalf of Legislative Committee on
Workers’ Compensation (NRS 218.5375))

____________

Referred to Committee on Commerce and Labor

SUMMARY—Clarifies applicability of provision providing certain reemployment rights with executive branch of state government to certain employees regardless of status of such employees with department of personnel. (BDR S‑771)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: 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 state personnel system; clarifying that the provision which provides certain reemployment rights with the executive branch of state government to certain employees applies regardless of the status of such employees with the department of personnel; 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. Section 132 of chapter 388, Statutes of Nevada 1999, at

1-2 page 1840, is hereby amended to read as follows:

1-3 Sec. 132. 1. [A] Any person who is employed by the state

1-4 industrial insurance system on July 1, 1999:

1-5 (a) May request the department of personnel to place his name on

1-6 an appropriate reemployment list maintained by the department and is

1-7 entitled to be allowed a preference on that list. Upon receipt of such a

1-8 request, the department shall maintain such an employee on the

1-9 reemployment list until July 1, 2001, or until he is reemployed by the

1-10 executive branch of state government, whichever occurs earlier.

1-11 (b) Notwithstanding the provisions of chapter 284 of NRS or the

1-12 regulations adopted pursuant thereto, is not subject to any

1-13 probationary period otherwise applicable to his initial reemployment

1-14 [to] , if he is reemployed in a position in the classified service of the

1-15 state.

2-1 The provisions of this subsection apply to any person performing

2-2 services for pay for the state industrial insurance system on July 1,

2-3 1999, regardless of the manner in which his service is classified or

2-4 otherwise characterized pursuant to chapter 284 of NRS or the

2-5 regulations adopted pursuant thereto and regardless of whether the

2-6 state industrial insurance system considers the person to be a

2-7 permanent employee or an employee serving pursuant to a contract

2-8 that establishes a limited period of employment. For a person who is

2-9 not employed in the classified service on July 1, 1999, who requests

2-10 placement on an appropriate reemployment list, the department of

2-11 personnel shall place and maintain him on one or more of the most

2-12 appropriate reemployment lists, based upon a determination of

2-13 which lists concern employees with duties and compensation that

2-14 are most similar to those of the requesting employee.

2-15 2. If a domestic mutual insurance company receives the assets

2-16 and assumes the debts and liabilities of the state industrial insurance

2-17 system on January 1, 2000, pursuant to section 129 of this act, [a] any

2-18 person who is employed on January 1, 2000, by that company:

2-19 (a) May request the department of personnel to place his name on

2-20 an appropriate reemployment list maintained by the department and is

2-21 entitled to be allowed a preference on that list. Upon receipt of such a

2-22 request, the department shall maintain such an employee on the

2-23 reemployment list until January 1, 2002, or until he is reemployed by

2-24 the executive branch of state government, whichever occurs earlier.

2-25 (b) Notwithstanding the provisions of chapter 284 of NRS or the

2-26 regulations adopted pursuant thereto, is not subject to any

2-27 probationary period otherwise applicable to his initial reemployment

2-28 [to] , if he is reemployed in a position in the classified service of the

2-29 state.

2-30 The provisions of this subsection apply to any person performing

2-31 services for pay for the domestic mutual insurance company on

2-32 January 1, 2000, regardless of the manner in which his service is

2-33 classified or otherwise characterized pursuant to chapter 284 of

2-34 NRS or regulations adopted pursuant thereto and regardless of

2-35 whether, on January 1, 2000, the domestic mutual insurance

2-36 company considers the person to be a permanent employee or an

2-37 employee serving pursuant to a contract that establishes a limited

2-38 period of employment. For a person who is not employed in the

2-39 classified service on January 1, 2000, who requests placement on an

2-40 appropriate reemployment list, the department of personnel shall

2-41 place and maintain him on one or more of the most appropriate

2-42 reemployment lists, based upon a determination of which lists

2-43 concern employees with duties and compensation that are most

2-44 similar to those of the requesting employee.

2-45 Sec. 2. This act becomes effective on passage and approval.

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