Senate Bill No. 354–Committee on Government Affairs

 

March 15, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Prohibits political subdivisions of state from hiring certain state employees for 1 year after termination of state employment. (BDR 23‑1335)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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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; prohibiting a political subdivision of this state from hiring a state employee for 1 year after the termination of his state employment if the state employee received specialized training within 10 years of the termination date; requiring a state agency to identify and maintain records of specialized training provided to its 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. Chapter 281 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the

1-4  context otherwise requires, “state agency” means a department, division,

1-5  commission, board, bureau or other agency of the executive, legislative

1-6  or judicial branch of the government of this state.

1-7    Sec. 3.  The account for specialized training is hereby created in the

1-8  state general fund.

1-9    Sec. 4.  1.  When a state agency provides training to an employee of

1-10  the state agency, the state agency shall determine whether to designate

1-11  the training as specialized training for the purposes of this section and

1-12  section 5 of this act.

1-13    2.  A state agency may designate training as specialized training if the

1-14  state agency:

1-15    (a) Before the employee receives the specialized training:

1-16      (1) Estimates the cost of the specialized training for the employee;

1-17  and

1-18      (2) Notifies the employee:

1-19        (I) That the training is specialized training;

1-20        (II) Of the estimated cost of the specialized training; and

2-1         (III) Of the provisions of section 5 of this act; or

2-2    (b) After the employee receives the specialized training:

2-3       (1) Determines the actual cost of the specialized training for the

2-4  employee; and

2-5       (2) Notifies the employee of the actual cost of the specialized

2-6  training.

2-7    3.  Each state agency shall maintain a record of the date of

2-8  completion and actual cost of all specialized training received by each:

2-9    (a) Employee of the state agency; and

2-10    (b) Former employee of the state agency for not less than 3 years after

2-11  the termination of the employee’s service with the state agency and any

2-12  other state agency.

2-13    Sec. 5.  1.  A political subdivision of this state, including, without

2-14  limitation, a county, city or township, may not employ a former employee

2-15  of a state agency for 1 year after the termination of his service with the

2-16  state agency if the total adjusted cost of the specialized training received

2-17  by the former employee is greater than zero.

2-18    2.  If a political subdivision of this state employs a former employee

2-19  of a state agency in violation of subsection 1, the political subdivision

2-20  shall pay to the state treasurer three times the total adjusted cost of the

2-21  specialized training received by the former employee.

2-22    3.  Except as otherwise provided in this subsection, the total adjusted

2-23  cost of the specialized training received by a former employee of a state

2-24  agency is the sum of the adjusted cost of all specialized training received

2-25  by the former employee. The adjusted cost of specialized training

2-26  received by the former employee is the actual cost of the specialized

2-27  training pursuant to section 4 of this act reduced by 10 percent of the

2-28  actual cost of the specialized training for each year after the completion

2-29  of the specialized training that the former employee is employed by the

2-30  state agency or any other state agency. The total adjusted cost of the

2-31  specialized training received by the former employee is deemed to be zero

2-32  1 year after the termination of his service with the state agency and any

2-33  other state agency.

2-34    4.  The state treasurer shall deposit the money he receives pursuant to

2-35  this section in the account for specialized training for credit to a separate

2-36  subaccount for the state agency which provided the specialized training

2-37  to the former employee. The state agency shall use the money in the

2-38  separate subaccount to recruit new employees and provide specialized

2-39  training for employees. If more than one state agency provided

2-40  specialized training to the former employee, the state treasurer shall

2-41  divide the money among the separate subaccounts for the state agencies

2-42  on a pro rata basis in accordance with the percentage of the total

2-43  adjusted cost of the specialized training of the former employee provided

2-44  by each state agency.

2-45    5.  The attorney general, at the request of a state agency or on his

2-46  own motion, may bring any appropriate action or proceeding in any

2-47  court of competent jurisdiction for the enforcement of the provisions of

2-48  this section.

 

3-1    Sec. 6.  The provisions of this act do not apply to:

3-2    1.  Conduct that occurred before July 1, 2001; or

3-3    2.  An employee of a department, division, commission, board, bureau

3-4  or other agency of the executive, legislative or judicial branch of the

3-5  government of this state who is continuously employed by one or more

3-6  departments, divisions, commissions, boards, bureaus or other agencies of

3-7  the executive, legislative or judicial branches of the government of this

3-8  state beginning before July 1, 2001.

3-9    Sec. 7.  This act becomes effective on July 1, 2001.

 

3-10  H