2001 REGULAR SESSION (71st)                                                                            A AB256 388

Amendment No. 388

 

Assembly Amendment to Assembly Bill No. 256                                                                (BDR 20‑420)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will MAINTAIN an unfunded mandate requested by the affected local government to AB256 (§ 1).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, pages 2 and 3, by deleting lines 45 through 49 on page 2 and lines 1 through 15 on page 3, and inserting:

     “3.  Upon a determination by the board of county commissioners pursuant to subsection 4 to implement the increase provided in this subsection or the denial of a waiver requested pursuant to subsection 5, the annual salaries of the elected officers of the county set forth in subsection 2 must be increased on July 1, 2002, and each July 1 thereafter by the lesser of:

     (a) The average percentage by which the salaries of all employees of the county were increased during the previous fiscal year; or

     (b) The percentage by which the average hourly wage in the county increased during the previous fiscal year, as determined on July 1 of each year by the employment security division of the department of employment, training and rehabilitation.

FLUSH

 
Increases in the annual salaries of the elected officers of the county required pursuant to this section are cumulative.

     4.  At a regular meeting held on or before July 1 of each fiscal year, the board of county commissioners shall:

     (a) Implement an increase in the annual salaries of the elected officers of the county based on the calculation set forth in subsection 3, if any; or

     (b) Request a waiver pursuant to subsection 5 from the requirement of implementing the increase in the salaries.

     5.  The board of county commissioners may apply to the committee on local government finance for a waiver from the requirement of granting an increase in the annual salaries of the elected officers of the county for the next fiscal year pursuant to subsection 3 if the board determines that the financial resources of the county are insufficient to pay the increase in the next fiscal year. The committee on local government finance shall grant such a waiver if it finds that the financial resources of the county are insufficient to pay the increase in the next fiscal year.”.

     Amend the bill as a whole by renumbering sections 2 through 4 as sections 4 through 6 and adding new sections designated sections 2 and 3, following section 1, to read as follows:

     “Sec. 2.  NRS 245.044 is hereby repealed.

     Sec. 3.  Notwithstanding the provisions of section 2 of this act that repeal NRS 245.044, an elected county officer who is serving a term of office on July 1, 2001, and who is eligible to receive the additional salary provided in NRS 245.044 is entitled to continue to receive credit for service for the calculation of that additional salary until the expiration of his current term and his salary must be increased accordingly as if NRS 245.044 is not repealed by this act. For each calendar year that an elected officer serves after the expiration of the term which he is serving as of July 1, 2001, the board of county commissioners shall continue to pay the additional salary of the elected officer based on the percentage of additional salary payable to the elected officer pursuant to this section in the final year of his current term.”.

     Amend sec. 2, page 3, by deleting lines 16 through 32 and inserting:

     “Sec. 4.  1.  At the first regular meeting of the board of county commissioners of a county on or after the effective date of this section, the board shall determine whether to:

     (a) Implement the annual salaries of the elected officers of the county set forth in subsection 2 of  NRS 245.043, as amended by this act; or

     (b) Request a waiver from the applicability of subsection 2 of NRS 245.043, as amended by this act, in the manner set forth in subsection 2.

     2.  The board of county commissioners of a county may apply to the committee on local government finance for a waiver from the applicability of subsection 2 of NRS 245.043, as amended by this act, in fiscal year 2001-2002 if the board determines that the financial resources of the county are insufficient to pay the increases set forth in that subsection in fiscal year 2001-2002. The committee on local government finance shall grant such a waiver for a period of not more than 1 year if it finds that the financial resources of the county are insufficient to pay the increases set forth in subsection 2 of NRS 245.043, as amended by this act, in fiscal year 2001-2002. The board of county commissioners may apply to the committee on local government finance for one or more extensions of the waiver granted to the county pursuant to this section. The committee on local government finance shall extend such a waiver for a period of not more than 1 year for each requested extension if it finds that the financial resources of the county continue to be insufficient to pay the increases set forth in subsection 2 of NRS 245.043, as amended by this act.”.

     Amend sec. 4, page 3, by deleting line 36 and inserting:

     “Sec. 6.  1.  This section and section 4 of this act become effective upon passage and approval.

     2.  Sections 1, 2, 3 and 5 of this act become effective on July 1, 2001.”.

     Amend the bill as a whole by adding the text of the repealed section, following sec. 4, to read as follows:

 

 

TEXT OF REPEALED SECTION

 

 

     245.044 Payment for longevity for elected county officers.

     1.  On and after July 1, 1973, if an elected county officer has served in his office for more than 4 years, he is entitled to an additional salary of 2 percent of his base salary provided in NRS 245.043 for each full calendar year he has served in his office.

     2.  The additional salary provided in this section for an eligible county officer:

     (a) Must be computed on July 1 of each year by multiplying 2 percent of the base salary provided in NRS 245.043 by the number of full calendar years the elected county officer has served in his office; and

     (b) Must not exceed 20 percent of the base salary provided in NRS 245.043.

     3.  Service on the board of supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the first Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.”.

     Amend the title of the bill, third line, after “circumstances;” by inserting:

“repealing prospectively the payment of longevity for elected county officers;”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Increases annual salaries of certain elected county officers and repeals prospectively longevity payments for those officers. (BDR 20-420)”.