(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 531–Committee on Natural Resources

 

(On Behalf of Colorado River Commission)

 

March 26, 2001

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Revises provisions governing employees of Colorado River commission. (BDR 48‑354)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Colorado River commission; removing certain employees of the office of the Colorado River commission from the classified and unclassified service of the state; requiring the Colorado River commission to adopt certain regulations relating 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 538 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Notwithstanding the provisions of chapter 284 of NRS, and except

1-4  as otherwise provided in NRS 538.137 and 538.141, the commission may,

1-5  within the limit of available money:

1-6    (a) Create one or more positions of employment within the

1-7  commission, prescribe their duties, compensation and other terms and

1-8  conditions of employment, and fill, vacate or abolish any of those

1-9  positions; and

1-10    (b) Contract for the services of such professional, technical and

1-11  operational personnel and consultants as the execution of its duties and

1-12  the operation of the commission may require,

1-13  without being subject to the provisions of chapter 284 of NRS.

1-14    2.  Any position created by the commission pursuant to subsection 1

1-15  is exempt from the provisions of chapter 284 of NRS. An employee filling

1-16  such a position is not in the classified or unclassified service of the state,

1-17  but is entitled to participate in the public employees’ retirement system

1-18  and other programs for public employees as provided in chapters 286 and

1-19  287 of NRS.

2-1    3.  The commission shall, by regulation, establish a comprehensive

2-2  plan governing employment, job classifications and performance

2-3  standards, and retention or discharge of employees to ensure that

2-4  termination or other adverse action is not taken against such employees

2-5  except for cause. The regulations must include provisions for hearings in

2-6  personnel matters and for review of adverse actions taken in those

2-7  matters.

2-8    Sec. 2.  NRS 538.041 is hereby amended to read as follows:

2-9    538.041  As used in NRS 538.041 to 538.251, inclusive, and section 1

2-10  of this act, unless the context otherwise requires:

2-11    1.  “Colorado River” means the Colorado River and all of the

2-12  tributaries of the river.

2-13    2.  “Commission” means the Colorado River commission[.] of

2-14  Nevada.

2-15    3.  “Commissioner” means a commissioner of the Colorado River

2-16  commission[.] of Nevada.

2-17    4.  [“Director”] “Executive director” means the executive director of

2-18  the Colorado River commission[.] of Nevada.

2-19    5.  “Southern Nevada Water Authority” means the political subdivision

2-20  of the State of Nevada created on July 25, 1991, by a cooperative

2-21  agreement entered into on that date pursuant to the provisions of NRS

2-22  277.080 to 277.180, inclusive.

2-23    6.  “Supplemental water” means water from any source which, if

2-24  acquired, would allow water to be used consumptively from the

2-25  mainstream of the Colorado River in excess of Nevada’s apportionment

2-26  pursuant to the Boulder Canyon Project Act of 1928. The term does not

2-27  include water from:

2-28    (a) Lake Tahoe;

2-29    (b) The Truckee, Carson or Walker river;

2-30    (c) Any ground water within the State of Nevada, other than ground

2-31  water within Clark County; or

2-32    (d) Any surface water within the State of Nevada or that flows into

2-33  the State of Nevada, other than the waters of the Colorado

2-34  River,

2-35  unless the state engineer authorizes the transfer of that water to the

2-36  Colorado River pursuant to the provisions of this chapter or chapter 532,

2-37  533 or 534 of NRS.

2-38    7.  “Water purveyor” means a public entity created by or pursuant to

2-39  the laws of this state which:

2-40    (a) Is engaged in:

2-41      (1) The acquisition of water on behalf of, or the delivery of water to,

2-42  another water purveyor; or

2-43      (2) The retail delivery of water in this state; and

2-44    (b) Is not a member of another such public entity that is itself engaged

2-45  in the activities described in paragraph (a).

2-46    Sec. 3.  NRS 538.051 is hereby amended to read as follows:

2-47    538.051  The Colorado River commission[,] of Nevada, consisting of

2-48  seven members, is hereby created. Four members must be appointed by the

2-49  governor. Three members must be appointed by the board of directors of

3-1  the Southern Nevada Water Authority. The governor shall designate one of

3-2  his appointees to serve as chairman of the commission.

3-3    Sec. 4.  NRS 538.101 is hereby amended to read as follows:

3-4    538.101  1.  While engaged in official business of the commission,

3-5  each commissioner appointed by the governor is entitled to receive a salary

3-6  of not more than $80 per day, as fixed by the commission.

3-7    2.  While engaged in the business of the commission, each member and

3-8  employee of the commission is entitled to receive the per diem allowance

3-9  and travel expenses provided for state officers and employees generally.

3-10    3.  The executive director or an employee of the commission

3-11  designated by the executive director shall certify all bills and claims for

3-12  compensation, per diem expense allowances and travel expenses of the

3-13  commissioners, and shall submit them for payment in the same manner as

3-14  all other state claims. The bills and claims must be paid from the Colorado

3-15  River commission fund or any other fund administered by the commission

3-16  and designated to be used for those expenses by the executive director.

3-17    4.  The commission shall provide its members who are appointed by

3-18  the governor with industrial insurance through a private carrier authorized

3-19  to provide industrial insurance in this state and shall budget and pay for the

3-20  premiums for that insurance.

3-21    Sec. 5.  NRS 538.111 is hereby amended to read as follows:

3-22    538.111  At the first meeting of the commission in each calendar year,

3-23  the commission shall select the vice chairman for the ensuing calendar

3-24  year. The executive director shall provide necessary secretarial service for

3-25  the commission.

3-26    Sec. 6.  NRS 538.121 is hereby amended to read as follows:

3-27    538.121  The principal place of business of the commission must be in

3-28  Clark County, as particularly determined by the executive director.

3-29    Sec. 7.  NRS 538.131 is hereby amended to read as follows:

3-30    538.131  1.  The commissioners shall meet at such times and in such

3-31  places as are designated by the chairman; but a majority of the

3-32  commissioners may call a meeting of the commission at any time and place

3-33  designated by them in a written notice thereof given all commissioners as

3-34  provided in this subsection. Except in cases of an emergency, written

3-35  notice of all meetings must be given to each commissioner by the executive

3-36  director at least 3 working days before each meeting. Every notice must

3-37  include information concerning the time, location and agenda for the

3-38  meeting. A meeting of the commission must be held at least quarterly.

3-39    2.  A majority of the commissioners constitute a quorum for the

3-40  transaction of business.

3-41    3.  As used in this section, “emergency” means any unforeseen

3-42  circumstance which requires immediate action by the commission and

3-43  includes:

3-44    (a) Any disaster caused by a fire, flood, earthquake or other natural

3-45  cause; or

3-46    (b) Any circumstance which impairs the health and safety of the public.

3-47    Sec. 8.  NRS 538.133 is hereby amended to read as follows:

3-48    538.133  1.  The commission shall appoint [a] an executive director.

3-49    2.  The executive director [is] :

4-1    (a) Is not in the classified or unclassified service of the state[.

4-2    3.  Except as otherwise provided in NRS 284.143, the director shall] ;

4-3    (b) Shall receive a salary determined pursuant to section 1 of this act;

4-4    (c) Serves at the pleasure of the commission; and

4-5    (d) Shall devote his entire time and attention to the business of his

4-6  office and shall not pursue any other business or occupation or hold any

4-7  other office of profit.

4-8    Sec. 9.  NRS 538.135 is hereby amended to read as follows:

4-9    538.135  The executive director:

4-10    1.  Is responsible for administering and carrying out the policies of the

4-11  commission.

4-12    2.  Shall direct and supervise all the technical and administrative

4-13  activities of the commission.

4-14    3.  Shall report to the commission all relevant and important matters

4-15  concerning the administration of his office. He is subject to the supervision

4-16  of the commission and is responsible, unless otherwise provided by law,

4-17  for the conduct of the administrative function of the commission’s office.

4-18    4.  Shall perform any lawful act which he considers necessary or

4-19  desirable to carry out the purposes and provisions of [this chapter,] NRS

4-20  321.480 to 321.536, inclusive, and 538.010 to 538.251, inclusive, and any

4-21  other provisions of law relating to the powers and duties of the

4-22  commission.

4-23    Sec. 10.  NRS 538.137 is hereby amended to read as follows:

4-24    538.137  1.  The executive director shall appoint a deputy executive

4-25  director and shall designate his duties.

4-26    2.  The deputy executive director of the commission [is] :

4-27    (a) Is not in the classified or unclassified service of the state[.

4-28    3.  Except as otherwise provided in NRS 284.143, the deputy director

4-29  shall] ;

4-30    (b) Shall receive a salary determined pursuant to section 1 of this act;

4-31    (c) Is governed by the regulations adopted by the commission

4-32  pursuant to subsection 3 of section 1 of this act; and

4-33    (d) Shall devote his entire time and attention to the business of his

4-34  office and shall not pursue any other business or occupation or hold any

4-35  other office of profit.

4-36    Sec. 11.  NRS 538.141 is hereby amended to read as follows:

4-37    538.141  The executive director shall , within the limits of available

4-38  money, employ such assistants and employees as may be necessary to carry

4-39  out his functions and duties. The assistants and employees [have] :

4-40    1.  Have such duties as may be prescribed by the executive director[.] ;

4-41    2.  Are not in the classified or unclassified service of the state;

4-42    3.  Shall receive a salary determined pursuant to section 1 of this act;

4-43  and

4-44    4.  Are governed by the regulations adopted by the commission

4-45  pursuant to subsection 3 of section 1 of this act.

4-46    Sec. 12.  NRS 538.211 is hereby amended to read as follows:

4-47    538.211  [1.  The faith and credit of the State of Nevada hereby is

4-48  irrevocably pledged for the performance and observance of all covenants,

4-49  conditions, limitations, promises and undertakings made or specified to be

5-1  kept, observed or fulfilled on the part of this state, in any contract entered

5-2  into on or before January 1, 1996, with the United States of America

5-3  relating to the Robert B. Griffith Water Project.

5-4    2.] If the State of Nevada must purchase or otherwise acquire property,

5-5  or compensate for damage to property, for use in the transmission and

5-6  distribution of water or electrical power, the faith and credit of the State of

5-7  Nevada hereby is irrevocably pledged for the performance and observance

5-8  of all covenants, conditions, limitations, promises and undertakings made

5-9  or specified to be kept, observed or fulfilled on the part of the state, in any

5-10  contract entered into before, on or after July 1, 1981, pursuant to NRS

5-11  538.161 and 538.186.

5-12    Sec. 13.  NRS 543.550 is hereby amended to read as follows:

5-13    543.550  1.  There is hereby granted to a district the right of way for

5-14  the construction and maintenance of floodways, ditches, waterways,

5-15  conduits, canals, dikes, embankments, basins for retention or detention of

5-16  water and protective works in, over and across public lands of the State of

5-17  Nevada not otherwise disposed of or in use, but not in any case exceeding

5-18  the length or width necessary for the construction of those works and

5-19  adjuncts or for the protection thereof.

5-20    2.  Whenever any selection of right of way for those works or adjuncts

5-21  is made by the district, the board shall transmit to the division of state lands

5-22  of the state department of conservation and natural resources and any other

5-23  agency or entity of the state owning land in the area, including the

5-24  University and Community College System of Nevada[,] and the

5-25  Colorado River [Commission,] commission of Nevada, and to the county

5-26  recorder of the county in which the selected lands are situated a plat of the

5-27  lands so selected, giving the extent thereof and the uses for which they are

5-28  claimed or desired, verified to be correct.

5-29    3.  If the division of state lands of the state department of conservation

5-30  and natural resources approves the selection so made, it must be endorsed

5-31  upon the plat and a permit must be issued to use the rights of way and land.

5-32    Sec. 14.  NRS 284.140 is hereby amended to read as follows:

5-33    284.140  [The] Except as otherwise provided in NRS 223.085 and

5-34  223.570, and section 1 of this act, the unclassified service of the state

5-35  consists of positions held by state officers or employees in the executive

5-36  department of the state government as follows:

5-37    1.  Persons chosen by election or appointment to fill an elective office.

5-38    2.  Members of boards and commissions, and heads of departments,

5-39  agencies and institutions required by law to be appointed.

5-40    3.  At the discretion of the elective officer or head of each department,

5-41  agency or institution, one deputy and one chief assistant in each

5-42  department, agency or institution.

5-43    4.  [Except as otherwise provided in NRS 223.085 and 223.570, all] All

5-44  persons required by law to be appointed by the governor or heads of

5-45  departments or agencies appointed by the governor or by boards.

5-46    5.  All employees other than clerical in the office of the attorney

5-47  general and the state public defender required by law to be appointed by

5-48  the attorney general or the state public defender.

6-1    6.  Except as otherwise provided by the board of regents of the

6-2  University of Nevada pursuant to NRS 396.251, officers and members of

6-3  the teaching staff and the staffs of the agricultural extension department

6-4  and experiment station of the University and Community College System

6-5  of Nevada, or any other state institution of learning, and student employees

6-6  of these institutions. Custodial, clerical or maintenance employees of these

6-7  institutions are in the classified service. The board of regents of the

6-8  University of Nevada shall assist the director in carrying out the provisions

6-9  of this chapter applicable to the University and Community College

6-10  System of Nevada.

6-11    7.  Officers and members of the Nevada National Guard.

6-12    8.  Persons engaged in public work for the state but employed by

6-13  contractors when the performance of the contract is authorized by the

6-14  legislature or another competent authority.

6-15    9.  Patient and inmate help in state charitable, penal, mental and

6-16  correctional institutions.

6-17    10.  Part-time professional personnel who are paid for any form of

6-18  medical, nursing or other professional service and who are not engaged in

6-19  the performance of administrative or substantially recurring duties.

6-20    11.  All other officers and employees authorized by law to be employed

6-21  in the unclassified service.

6-22    Sec. 15.  NRS 284.150 is hereby amended to read as follows:

6-23    284.150  1.  [The] Except where a position is exempted from the

6-24  classified service by specific statute, the classified service of the State of

6-25  Nevada is comprised of all positions in the public service now existing or

6-26  hereafter created which are not included in the unclassified service, and

6-27  which provide services for any office, department, board, commission,

6-28  bureau, agency or institution in the executive department of the state

6-29  government operating by authority of the constitution or law and supported

6-30  in whole or in part by any public money, whether the money is received

6-31  from the Government of the United States or any branch or agency thereof,

6-32  or from private or any other sources.

6-33    2.  Appointments in the classified service must be made according to

6-34  merit and fitness from eligible lists prepared upon the basis of examination,

6-35  which must be open and competitive, except as otherwise provided in this

6-36  chapter.

6-37    3.  Except as otherwise provided in NRS 193.105 and 416.070, a

6-38  person must not be appointed, transferred, promoted, demoted or

6-39  discharged as an officer, clerk, employee or laborer in the classified service

6-40  in any manner or by any means other than those prescribed in this chapter

6-41  and the regulations adopted in accordance therewith.

6-42    4.  A person must not be discriminated against on account of his

6-43  religious opinions or affiliations, race, sex, age or disability.

6-44    Sec. 16.  NRS 321.490 is hereby amended to read as follows:

6-45    321.490  1.  As used in NRS 321.480 to 321.536, inclusive, unless the

6-46  context otherwise requires:

6-47    (a) “Commission” means the Colorado River commission[.] of Nevada.

6-48    (b) “Development” and “develop” include the:

7-1       (1) Preparation of a proposal, plans for a subdivision, plans for a

7-2  zoning district or zoning regulations, or any other acts in conformance with

7-3  chapters 278 and 278A of NRS and any local master plans, regulations and

7-4  ordinances governing the improvement or use of land or the location and

7-5  construction of structures;

7-6       (2) Planning, design, construction or any other act necessary to

7-7  acquire, extend, alter, reconstruct, repair or make other improvements to a

7-8  project; and

7-9       (3) Solicitation, consideration and approval of proposals for the use

7-10  of land,

7-11  in the Fort Mohave Valley.

7-12    2.  As used in this section, “project” means any structure, facility,

7-13  undertaking or system which a county, city, town, general improvement

7-14  district or special district is authorized to acquire, improve, equip, maintain

7-15  or operate, including all kinds of personal and real property, improvements

7-16  and fixtures thereon, property of any nature appurtenant thereto or used in

7-17  connection therewith and every estate, interest and right therein, legal or

7-18  equitable, including terms for years, or any combination thereof.

7-19    Sec. 17.  NRS 349.225 is hereby amended to read as follows:

7-20    349.225  Except for bonds issued by the Colorado River commission of

7-21  Nevada which are additionally supported by pledged revenues of a project,

7-22  any general obligation bond authorized on the behalf and in the name of

7-23  the state is subject to the review and approval of the state board of finance,

7-24  unless otherwise provided by statute.

7-25    Sec. 18.  NRS 353A.020 is hereby amended to read as follows:

7-26    353A.020  1.  The director, in consultation with the committee and

7-27  legislative auditor, shall adopt a uniform system of internal accounting and

7-28  administrative control for agencies. The elements of the system must

7-29  include, without limitation:

7-30    (a) A plan of organization which provides for a segregation of duties

7-31  appropriate to safeguard the assets of the agency;

7-32    (b) A plan which limits access to assets of the agency to persons who

7-33  need the assets to perform their assigned duties;

7-34    (c) Procedures for authorizations and recordkeeping which effectively

7-35  control accounting of assets, liabilities, revenues and expenses;

7-36    (d) A system of practices to be followed in the performance of the

7-37  duties and functions of each agency; and

7-38    (e) An effective system of internal review.

7-39    2.  The director, in consultation with the committee and legislative

7-40  auditor, may modify the system whenever he considers it necessary.

7-41    3.  Each agency shall develop written procedures to carry out the

7-42  system of internal accounting and administrative control adopted pursuant

7-43  to this section.

7-44    4.  For the purposes of this section, “agency” does not include:

7-45    (a) A board or commission created by the provisions of chapters 623 to

7-46  625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

7-47    (b) The University and Community College System of Nevada.

7-48    (c) The public employees’ retirement system.

7-49    (d) The housing division of the department of business and industry.

8-1    (e) The Colorado River [Commission.] commission of Nevada.

8-2    Sec. 19.  NRS 353A.025 is hereby amended to read as follows:

8-3    353A.025  1.  The head of each agency shall periodically review the

8-4  agency’s system of internal accounting and administrative control to

8-5  determine whether it is in compliance with the uniform system of internal

8-6  accounting and administrative control for agencies adopted pursuant to

8-7  subsection 1 of NRS 353A.020.

8-8    2.  On or before July 1 of each even-numbered year, the head of each

8-9  agency shall report to the director whether the agency’s system of internal

8-10  accounting and administrative control is in compliance with the uniform

8-11  system adopted pursuant to subsection 1 of NRS 353A.020. The reports

8-12  must be made available for inspection by the members of the legislature.

8-13    3.  For the purposes of this section, “agency” does not include:

8-14    (a) A board or commission created by the provisions of chapters 623 to

8-15  625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

8-16    (b) The University and Community College System of Nevada.

8-17    (c) The public employees’ retirement system.

8-18    (d) The housing division of the department of business and industry.

8-19    (e) The Colorado River [Commission.] commission of Nevada.

8-20    4.  The director shall, on or before the first Monday in February of each

8-21  odd-numbered year, submit a report on the status of internal accounting

8-22  and administrative controls in agencies to the:

8-23    (a) Director of the legislative counsel bureau for transmittal to the:

8-24      (1) Senate standing committee on finance; and

8-25      (2) Assembly standing committee on ways and means;

8-26    (b) Governor; and

8-27    (c) Legislative auditor.

8-28    5.  The report submitted by the director pursuant to subsection 4 must

8-29  include, without limitation:

8-30    (a) The identification of each agency that has not complied with the

8-31  requirements of subsections 1 and 2;

8-32    (b) The identification of each agency that does not have an effective

8-33  method for reviewing its system of internal accounting and administrative

8-34  control; and

8-35    (c) The identification of each agency that has weaknesses in its system

8-36  of internal accounting and administrative control, and the extent and types

8-37  of such weaknesses.

8-38    Sec. 20.  1.  Except as otherwise provided in this section, nothing in

8-39  this act affects the rights and privileges granted by law to any current

8-40  employee, including, without limitation, vested rights concerning

8-41  retirement benefits.

8-42    2.  Notwithstanding sections 8, 10 and 11 of this act:

8-43    (a) The Colorado River commission of Nevada shall not require any

8-44  current employee to transfer to an exempt position;

8-45    (b) The position of a current employee who elects to remain in the

8-46  classified or unclassified service of the state continues to be governed by

8-47  all applicable provisions of chapter 284 of NRS; and

8-48    (c) A current employee who elects to transfer to an exempt position is

8-49  governed by the provisions of the regulations adopted by the Colorado

9-1  River commission of Nevada pursuant to subsection 3 of section 1 of this

9-2  act.

9-3    3.  The Colorado River commission of Nevada shall adopt regulations

9-4  providing a procedure by which a current employee who is offered an

9-5  exempt position may elect to remain in the classified or unclassified

9-6  service of the state or may elect to transfer to the exempt position.

9-7    4.  Except as otherwise provided in NRS 538.133 and 538.137, as

9-8  amended by this act, a position of employment within the Colorado River

9-9  commission of Nevada existing on the effective date of this act, other than

9-10  the executive director and deputy executive director, which thereafter

9-11  becomes vacant shall be deemed to be abolished.

9-12    5.  Notwithstanding the provisions of sections 8, 10 and 11 of this act,

9-13  the executive director, deputy executive director and other employees of

9-14  the Colorado River commission of Nevada are entitled to receive annual

9-15  salaries of not more than the maximum amounts otherwise provided by law

9-16  for those positions, including, without limitation, any adjustments provided

9-17  by law, until the salaries for those positions are set by the Colorado River

9-18  commission of Nevada by regulation pursuant to section 1 of this act.

9-19    6.  As used in this section:

9-20    (a) “Current employee” means an employee of the Colorado River

9-21  commission of Nevada who is employed by the commission on the

9-22  effective date of this act.

9-23    (b) “Exempt position” means a position of employment created

9-24  pursuant to paragraph (a) of subsection 1 of section 1 of this act.

9-25    Sec. 21.  This act becomes effective upon passage and approval.

9-26    Sec. 22.  The Legislative Counsel shall:

9-27    1.  In preparing the reprint and supplements to the Nevada Revised

9-28  Statutes, appropriately change any references to an officer, agency or other

9-29  entity whose name is changed or whose responsibilities are transferred

9-30  pursuant to the provisions of this act to refer to the appropriate officer,

9-31  agency or other entity.

9-32    2.  In preparing supplements to the Nevada Administrative Code,

9-33  appropriately change any references to an officer, agency or other entity

9-34  whose name is changed or whose responsibilities are transferred pursuant

9-35  to the provisions of this act to refer to the appropriate officer, agency or

9-36  other entity.

 

9-37  H