Senate Bill No. 353–Committee on Government Affairs

 

(On Behalf of Department of Administration)

 

March 15, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Establishes procedures for certain state agencies to provide uniforms for certain employees. (BDR 23‑406)

 

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.

 

AN ACT relating to state employees; requiring certain state agencies to provide uniforms for certain employees; requiring an employee who has been issued an allotment of uniforms by a state agency to return the allotment of uniforms upon termination from the position; requiring the budget division of the department of administration to determine the content of and accessories required for uniforms of a state agency in consultation with certain other entities; requiring the purchasing division of the department of administration to determine the cost of uniforms and required accessories of a state agency; authorizing an employer to require an employee to pay for the cost of repair or replacement of a uniform provided by the employer under certain circumstances; 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 281.121 is hereby amended to read as follows:

1-2    281.121  On or after July 1, [1985:] 2001:

1-3    1.  An employee of [the State of Nevada] this state who is required to

1-4  [purchase and] wear a uniform while performing his duties is entitled to

1-5  receive from his employer [each quarter an allowance which is equal to

1-6  one-fourth of the cost of the uniform he is required to wear, including the

1-7  cost of any required accessories such as a flashlight, gun or whistle. The

1-8  employer shall determine the cost of the required uniform and accessories

1-9  at the beginning of each quarter and determine the allowance accordingly.

1-10    2.  In addition to the quarterly allowance, a person who:

1-11    (a) Is hired by the State of Nevada for a position; or

1-12    (b) Assumes a position which is new to that person,

2-1  for which he is required to purchase and wear a uniform is entitled to an

2-2  initial reimbursement for the cost of one uniform and any] :

2-3    (a) Except as otherwise provided in subsection 2, upon initial

2-4  appointment to his position, an allotment of uniforms and all required

2-5  accessories[.] ; and

2-6    (b) A replacement for an item in his allotment of uniforms or a

2-7  required accessory if his employer determines that:

2-8       (1) The item or accessory needs replacing; and

2-9       (2) The item or accessory was damaged or destroyed by:

2-10        (I) Ordinary wear and tear; or

2-11        (II) A means other than ordinary wear and tear while the

2-12  employee was performing the duties of his position.

2-13    2.  An employee who moves from a position of employment with this

2-14  state for which he was required to wear a uniform while performing his

2-15  duties to another position of employment under the same employer who

2-16  requires him to wear the same or similar uniform as he wore in his

2-17  previous position:

2-18    (a) Shall return any items in his allotment of uniforms or accessories

2-19  which he received pursuant to this section on or after July 1, 2001, and

2-20  which are not required in his new position; and

2-21    (b) Is entitled to receive from his employer any items in his allotment

2-22  of uniforms or accessories which are required in his new position and

2-23  which he did not receive from his employer while employed in his

2-24  previous position.

2-25    3.  Except as otherwise provided in subsection 2, a person who

2-26  received uniform items or required accessories on or after July 1, 2001,

2-27  pursuant to this section shall return all items and accessories received on

2-28  or after that date to his employer upon termination of employment in the

2-29  position for which he was required to wear the uniform and accessories.

2-30    4.  When an employee is entitled to receive an item of his allotment of

2-31  uniforms or required accessories pursuant to this section, the employer

2-32  shall:

2-33    (a) Acquire the item or accessory in accordance with chapter 333 of

2-34  NRS and provide the item or accessory to the employee; or

2-35    (b) If appropriate, provide the employee with a mechanism approved

2-36  by the purchasing division of the department of administration that

2-37  allows the employee to obtain the item or accessory directly from a

2-38  vendor who has been awarded a contract to sell such an item or

2-39  accessory pursuant to chapter 333 of NRS.

2-40    5.  An employer may require an employee to pay for the cost of repair

2-41  or replacement of an item of his allotment of uniforms or a required

2-42  accessory that the employer determines was damaged or destroyed:

2-43    (a) By a means other than ordinary wear and tear; and

2-44    (b) While the employee was not performing the duties of his position.

2-45    6.  An employer must obtain the prior approval of the budget division

2-46  of the department of administration before designating a uniform to be

2-47  worn by an employee . [pursuant to subsection 1.]

2-48    7.  The budget division of the department of administration, in

2-49  consultation with the employers who employ persons who are required to

3-1  wear uniforms and accessories and any labor unions whose members

3-2  include persons who are required to wear uniforms and accessories, shall

3-3  determine the content of an allotment of uniforms and required

3-4  accessories for each position of employment for which a uniform must be

3-5  issued pursuant to this section.

3-6    8.  Based upon the content of an allotment of uniforms determined

3-7  pursuant to subsection 7, the purchasing division of the department of

3-8  administration shall determine the cost of each item in an allotment of

3-9  uniforms and each required accessory for use in preparing the estimates

3-10  of expenditure requirements required pursuant to NRS 353.210.

3-11    Sec. 2.  NRS 289.800 is hereby amended to read as follows:

3-12    289.800  [In addition to the compensation required by NRS 281.121, a]

3-13  A state agency that employs a person:

3-14    1.  Upon whom some or all of the powers of a peace officer are

3-15  conferred pursuant to subsection 1 of NRS 289.180, subsection 1 of NRS

3-16  289.220 or subsection 2 or 5 of NRS 289.270; and

3-17    2.  Who is required to purchase and wear his own [uniform or other]

3-18  clothing, accessories or safety equipment while performing his duties for

3-19  the state as a peace officer,

3-20  may, after first obtaining the written approval of the director of the

3-21  department of administration, reimburse that person for the cost to repair or

3-22  replace his [required uniform or other] clothing, accessories or safety

3-23  equipment if it is damaged or destroyed, by means other than ordinary

3-24  wear and tear, while he is performing his duties for the state as a peace

3-25  officer.

3-26    Sec. 3.  This act becomes effective on July 1, 2001.

 

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