A.B. 565
Assembly Bill No. 565–Committee on Government Affairs
(On Behalf of Department of Administration—Budget Division)
March 26, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Authorizes monthly payroll cycle for certain state employees. (BDR 23‑1443)
FISCAL NOTE: Effect on Local Government: 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 employees; authorizing monthly payroll cycles for certain state employees; 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 281.100 is hereby amended to read as follows:
1-2 281.100 1. Except as otherwise provided in this section and NRS
1-3 284.180, the services and employment of all persons who are employed by
1-4 the State of Nevada, or by any county, city, town, township or other
1-5 political subdivision thereof, are limited to not more than 8 hours in any 1
1-6 calendar day and not more than 40 hours in any 1 week.
1-7 2. The period of daily employment mentioned in this section
1-8 commences from the time the employee takes charge of any equipment of
1-9 the employer or acts as an assistant or helper to a person who is in charge
1-10 of any equipment of the employer, or enters upon or into any conveyance
1-11 of or operated by or for the employer at any camp or living quarters
1-12 provided by the employer for the transportation of employees to the place
1-13 of work.
1-14 3. This section does not apply to:
1-15 (a) Officials of the State of Nevada or of any county, city, town,
1-16 township or other political subdivision thereof, or employees of the state
1-17 whose employment is governed by NRS 284.148.
1-18 (b) Employees of the State of Nevada or of any county, city, town,
1-19 township or other political subdivision thereof who:
1-20 (1) Are engaged as employees of a fire department, or to nurses in
1-21 training or working in hospitals, or to police, deputy sheriffs or jailers;
2-1 (2) Chose and are approved for a variable workday or variable
80-hour biweekly work
schedules ; [within a biweekly pay period ;]
2-2 (3) Work more than 8 hours but not more than 10 hours in any 1
2-3 workday or 40 hours in any 1 work week;
2-4 (4) Are executive, administrative, professional or supervisory
2-5 employees; or
2-6 (5) Are covered by a collective bargaining agreement which
2-7 establishes hours of service.
2-8 (c) Employees of the legislative counsel bureau.
2-9 (d) Work done directly by any public utility company pursuant to an
2-10 order of the public utilities commission of Nevada or other public
2-11 authority.
2-12 4. Any employee whose hours are limited by subsection 1 may be
2-13 permitted, or in case of emergency where life or property is in imminent
2-14 danger may be required, at the discretion of the officer responsible for his
2-15 employment, but subject to any agreement made pursuant to NRS 284.181,
2-16 to work more than the number of hours limited. If so permitted or required,
2-17 he is entitled to receive, at the discretion of the responsible officer:
2-18 (a) Compensatory vacation time; or
2-19 (b) Overtime pay.
2-20 5. Any officer or agent of the State of Nevada, or of any county, city,
2-21 town, township, or other political subdivision thereof, whose duty it is to
2-22 employ, direct or control the services of an employee covered by this
2-23 section, who violates any of the provisions of this section as to the hours of
2-24 employment of labor as provided in this section, is guilty of a
2-25 misdemeanor.
2-26 Sec. 2. NRS 281.120 is hereby amended to read as follows:
2-27 281.120 1. Except as otherwise provided in this section, all state
2-28 officers and regular and temporary employees of this state are entitled to
2-29 receive salaries as fixed by law in two equal semimonthly payments. The
2-30 first semimonthly payment for each month must be for the first half of that
2-31 particular month, and the second semimonthly payment must be for the last
2-32 half of the month.
2-33 2. All payrolls must be submitted by individual agencies immediately
2-34 after the 15th and last day of each month for approval by the department of
2-35 personnel, and salary checks as approved by the state controller must be
2-36 issued not later than 10 calendar days following the end of each
2-37 semimonthly pay period.
2-38 3. A state agency or department may be permitted to pay salaries,
2-39 within the limits fixed by law, at regular 2-week or monthly intervals,
2-40 when it is established to the satisfaction of the governor that this method of
2-41 payment will expedite and assist the work of the agency or department
2-42 without inconvenience to other agencies or departments.
2-43 Sec. 3. NRS 284.180 is hereby amended to read as follows:
2-44 284.180 1. The legislature declares that since uniform salary and
2-45 wage rates and classifications are necessary for an effective and efficient
2-46 personnel system, the pay plan must set the official rates applicable to all
2-47 positions in the classified service, but the establishment of the pay plan in
3-1 no way limits the authority of the legislature relative to budgeted
3-2 appropriations for salary and wage expenditures.
3-3 2. Credit for overtime work directed or approved by the head of an
3-4 agency or his representative must be earned at the rate of time and one-
3-5 half, except for those employees described in NRS 284.148.
3-6 3. Except as otherwise provided in subsections 4, 6, 7 and 9, overtime
3-7 is considered time worked in excess of:
3-8 (a) Eight hours in 1 calendar day;
3-9 (b) Eight hours in any 16-hour period; or
3-10 (c) A 40-hour week.
3-11 4. Firemen who choose and are approved for a 24-hour shift shall be
3-12 deemed to work an average of 56 hours per week and 2,912 hours per year,
3-13 regardless of the actual number of hours worked or on paid leave during
3-14 any biweekly or monthly pay period. A fireman so assigned is entitled to
3-15 receive 1/26 of his annual salary for each biweekly pay period[.] or a
3-16 proportionally equivalent amount for each monthly pay period. In
3-17 addition, overtime must be considered time worked in excess of:
3-18 (a) Twenty-four hours in one scheduled shift; or
3-19 (b) Fifty-three hours average per week during one work period for those
3-20 hours worked or on paid leave.
3-21 The appointing authority shall designate annually the length of the work
3-22 period to be used in determining the work schedules for such firemen. In
3-23 addition to the regular amount paid such a fireman for the deemed average
3-24 of 56 hours per week, he is entitled to payment for the hours which
3-25 comprise the difference between the 56-hour average and the overtime
3-26 threshold of 53 hours average at a rate which will result in the equivalent of
3-27 overtime payment for those hours.
3-28 5. The director, with the approval of the commission, shall adopt
3-29 regulations to carry out the provisions of subsection 4.
3-30 6. For employees who choose and are approved for a variable
3-31 workday, overtime will be considered only after working 40 hours in 1
3-32 week.
3-33 7. Employees who are eligible under the Fair Labor Standards Act of
3-34 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour biweekly work
3-35 schedule [within a biweekly pay period] and who choose and are approved
3-36 for such a work schedule will be considered eligible for overtime only after
3-37 working 80 hours biweekly, except those eligible employees who are
3-38 approved for overtime in excess of one scheduled shift of 8 or more hours
3-39 per day.
3-40 8. An agency may experiment with innovative work weeks upon the
3-41 approval of the head of the agency and after majority consent of the
3-42 affected employees. The affected employees are eligible for overtime only
3-43 after working 40 hours in a work week.
3-44 9. This section does not supersede or conflict with existing contracts of
3-45 employment for employees hired to work 24 hours a day in a home setting.
3-46 Any future classification in which an employee will be required to work 24
3-47 hours a day in a home setting must be approved in advance by the
3-48 commission.
4-1 10. All overtime must be approved in advance by the appointing
4-2 authority or his designee. No officer or employee, other than a director of a
4-3 department or the chairman of a board, commission or similar body, may
4-4 authorize overtime for himself. The chairman of a board, commission or
4-5 similar body must approve in advance all overtime worked by members of
4-6 the board, commission or similar body.
4-7 11. The budget division of the department of administration shall
4-8 review all overtime worked by employees of the executive department to
4-9 ensure that overtime is held to a minimum. The budget division shall report
4-10 quarterly to the state board of examiners the amount of overtime worked in
4-11 the quarter within the various agencies of the state.
4-12 Sec. 4. NRS 2.050 is hereby amended to read as follows:
4-13 2.050 1. Until the first Monday in January 1997, the justices of the
4-14 supreme court whose terms expire on the first Monday in January 1997 are
4-15 entitled to receive an annual salary of $85,000. From and after the first
4-16 Monday in January 1997, their successors in office are entitled to receive a
4-17 salary of $107,600.
4-18 2. Until the first Monday in January 1999, the justices of the supreme
4-19 court whose terms of office expire on the first Monday in January 1999 are
4-20 entitled to receive an annual salary of $85,000. From and after the first
4-21 Monday in January 1999, their successors in office are entitled to receive a
4-22 salary of $107,600.
4-23 3. Until the first Monday in January 2001, the justice of the supreme
4-24 court whose term of office expires on the first Monday in January 2001 is
4-25 entitled to receive an annual salary of $85,000. From and after the first
4-26 Monday in January 2001, his successor in office is entitled to receive a
4-27 salary of $107,600.
4-28 4. The justices elected pursuant to subsection 4 of NRS 2.030 and their
4-29 respective successors are entitled to receive a salary of $107,600.
4-30 5. All salaries provided for in this section are payable in biweekly or
4-31 monthly installments as other state officers are paid.
4-32 Sec. 5. NRS 2.050 is hereby amended to read as follows:
4-33 2.050 1. Until the first Monday in January 1997, the justices of the
4-34 supreme court whose terms expire on the first Monday in January 1997 are
4-35 entitled to receive an annual salary of $85,000. From and after the first
4-36 Monday in January 1997, their successors in office are entitled to receive a
4-37 salary of $107,600.
4-38 2. Until the first Monday in January 1999, the justices of the supreme
4-39 court whose terms of office expire on the first Monday in January 1999 are
4-40 entitled to receive an annual salary of $85,000. From and after the first
4-41 Monday in January 1999, their successors in office are entitled to receive a
4-42 salary of $107,600.
4-43 3. Until the first Monday in January 2001, the justice of the supreme
4-44 court whose term of office expires on the first Monday in January 2001 is
4-45 entitled to receive an annual salary of $85,000. From and after the first
4-46 Monday in January 2001, his successor in office is entitled to receive a
4-47 salary of $107,600.
4-48 4. All salaries provided for in this section are payable in biweekly or
4-49 monthly installments as other state officers are paid.
5-1 Sec. 6. NRS 3.030 is hereby amended to read as follows:
5-2 3.030 1. Until the first Monday in January 1997, the annual base
5-3 salary of each district judge is $79,000. From and after the first Monday in
5-4 January 1997, the annual base salary of each district judge is $100,000.
5-5 2. If a district judge has served in his office for at least 4 years, he is
5-6 entitled to an additional salary of 2 percent of his base salary for each year
5-7 of service. The additional salary must not exceed 22 percent of his base
5-8 salary.
5-9 3. The base salaries and the additional salary for longevity must be
5-10 paid in biweekly or monthly installments out of the district judges’ salary
5-11 account of the supreme court.
5-12 4. No salary of any district judge may be paid in advance.
5-13 Sec. 7. NRS 218.195 is hereby amended to read as follows:
5-14 218.195 1. The compensation of the secretary of the senate and the
5-15 chief clerk of the assembly must be provided for in the budget for the
5-16 legislature for the ensuing biennium. The compensation:
5-17 (a) Must include an annual salary payable on a biweekly or monthly
5-18 basis. The salary must not be increased during the biennium unless
5-19 otherwise provided by a legislative act; and
5-20 (b) Must not include compensation for overtime.
5-21 2. Except as otherwise provided in this section, the secretary of the
5-22 senate and the chief clerk of the assembly are subject to the same
5-23 requirements of and entitled to the same benefits and rights as specified for
5-24 employees of the legislative counsel bureau. For the purposes of this
5-25 subsection, references in the statutes and in the rules and policies of the
5-26 legislative counsel bureau to the chief of a division or the director of the
5-27 legislative counsel bureau must be replaced by:
5-28 (a) The majority leader of the senate in the case of the secretary of the
5-29 senate.
5-30 (b) The speaker of the assembly in the case of the chief clerk of the
5-31 assembly.
5-32 3. Notwithstanding the provisions of subsection 2, the secretary of the
5-33 senate and the chief clerk of the assembly are not employees of the
5-34 legislative counsel bureau.
5-35 Sec. 8. 1. This section and sections 1 to 4, inclusive, 6 and 7 of this
5-36 act become effective on July 1, 2001.
5-37 2. Section 4 of this act expires by limitation on the date on which the
5-38 qualified electors of this state approve a constitutional amendment that
5-39 establishes an intermediate court of appeals within the State of Nevada.
5-40 3. Section 5 of this act becomes effective on the date on which the
5-41 qualified electors of this state approve a constitutional amendment that
5-42 establishes an intermediate court of appeals within the State of Nevada.
5-43 H