(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    4.  No regulation adopted pursuant to subsection 3 may deny a person

2-9  the opportunity to obtain or retain employment because of his

2-10  membership or nonmembership in a labor organization.

2-11    Sec. 2.  NRS 538.041 is hereby amended to read as follows:

2-12    538.041  As used in NRS 538.041 to 538.251, inclusive, and section 1

2-13  of this act, unless the context otherwise requires:

2-14    1.  “Colorado River” means the Colorado River and all of the

2-15  tributaries of the river.

2-16    2.  “Commission” means the Colorado River commission[.] of

2-17  Nevada.

2-18    3.  “Commissioner” means a commissioner of the Colorado River

2-19  commission[.] of Nevada.

2-20    4.  [“Director”] “Executive director” means the executive director of

2-21  the Colorado River commission[.] of Nevada.

2-22    5.  “Southern Nevada Water Authority” means the political subdivision

2-23  of the State of Nevada created on July 25, 1991, by a cooperative

2-24  agreement entered into on that date pursuant to the provisions of NRS

2-25  277.080 to 277.180, inclusive.

2-26    6.  “Supplemental water” means water from any source which, if

2-27  acquired, would allow water to be used consumptively from the

2-28  mainstream of the Colorado River in excess of Nevada’s apportionment

2-29  pursuant to the Boulder Canyon Project Act of 1928. The term does not

2-30  include water from:

2-31    (a) Lake Tahoe;

2-32    (b) The Truckee, Carson or Walker river;

2-33    (c) Any ground water within the State of Nevada, other than ground

2-34  water within Clark County; or

2-35    (d) Any surface water within the State of Nevada or that flows into

2-36  the State of Nevada, other than the waters of the Colorado

2-37  River,

2-38  unless the state engineer authorizes the transfer of that water to the

2-39  Colorado River pursuant to the provisions of this chapter or chapter 532,

2-40  533 or 534 of NRS.

2-41    7.  “Water purveyor” means a public entity created by or pursuant to

2-42  the laws of this state which:

2-43    (a) Is engaged in:

2-44      (1) The acquisition of water on behalf of, or the delivery of water to,

2-45  another water purveyor; or

2-46      (2) The retail delivery of water in this state; and

2-47    (b) Is not a member of another such public entity that is itself engaged

2-48  in the activities described in paragraph (a).

 

3-1    Sec. 3.  NRS 538.051 is hereby amended to read as follows:

3-2    538.051  The Colorado River commission[,] of Nevada, consisting of

3-3  seven members, is hereby created. Four members must be appointed by the

3-4  governor. Three members must be appointed by the board of directors of

3-5  the Southern Nevada Water Authority. The governor shall designate one of

3-6  his appointees to serve as chairman of the commission.

3-7    Sec. 4.  NRS 538.101 is hereby amended to read as follows:

3-8    538.101  1.  While engaged in official business of the commission,

3-9  each commissioner appointed by the governor is entitled to receive a salary

3-10  of not more than $80 per day, as fixed by the commission.

3-11    2.  While engaged in the business of the commission, each member and

3-12  employee of the commission is entitled to receive the per diem allowance

3-13  and travel expenses provided for state officers and employees generally.

3-14    3.  The executive director or an employee of the commission

3-15  designated by the executive director shall certify all bills and claims for

3-16  compensation, per diem expense allowances and travel expenses of the

3-17  commissioners, and shall submit them for payment in the same manner as

3-18  all other state claims. The bills and claims must be paid from the Colorado

3-19  River commission fund or any other fund administered by the commission

3-20  and designated to be used for those expenses by the executive director.

3-21    4.  The commission shall provide its members who are appointed by

3-22  the governor with industrial insurance through a private carrier authorized

3-23  to provide industrial insurance in this state and shall budget and pay for the

3-24  premiums for that insurance.

3-25    Sec. 5.  NRS 538.111 is hereby amended to read as follows:

3-26    538.111  At the first meeting of the commission in each calendar year,

3-27  the commission shall select the vice chairman for the ensuing calendar

3-28  year. The executive director shall provide necessary secretarial service for

3-29  the commission.

3-30    Sec. 6.  NRS 538.121 is hereby amended to read as follows:

3-31    538.121  The principal place of business of the commission must be in

3-32  Clark County, as particularly determined by the executive director.

3-33    Sec. 7.  NRS 538.131 is hereby amended to read as follows:

3-34    538.131  1.  The commissioners shall meet at such times and in such

3-35  places as are designated by the chairman; but a majority of the

3-36  commissioners may call a meeting of the commission at any time and place

3-37  designated by them in a written notice thereof given all commissioners as

3-38  provided in this subsection. Except in cases of an emergency, written

3-39  notice of all meetings must be given to each commissioner by the executive

3-40  director at least 3 working days before each meeting. Every notice must

3-41  include information concerning the time, location and agenda for the

3-42  meeting. A meeting of the commission must be held at least quarterly.

3-43    2.  A majority of the commissioners constitute a quorum for the

3-44  transaction of business.

3-45    3.  As used in this section, “emergency” means any unforeseen

3-46  circumstance which requires immediate action by the commission and

3-47  includes:

 

 

4-1    (a) Any disaster caused by a fire, flood, earthquake or other natural

4-2  cause; or

4-3    (b) Any circumstance which impairs the health and safety of the public.

4-4    Sec. 8.  NRS 538.133 is hereby amended to read as follows:

4-5    538.133  1.  The commission shall appoint [a] an executive director.

4-6    2.  The executive director [is] :

4-7    (a) Is not in the classified or unclassified service of the state[.

4-8    3.  Except as otherwise provided in NRS 284.143, the director shall] ;

4-9    (b) Shall receive a salary determined pursuant to section 1 of this act;

4-10    (c) Serves at the pleasure of the commission; and

4-11    (d) Shall devote his entire time and attention to the business of his

4-12  office and shall not pursue any other business or occupation or hold any

4-13  other office of profit.

4-14    Sec. 9.  NRS 538.135 is hereby amended to read as follows:

4-15    538.135  The executive director:

4-16    1.  Is responsible for administering and carrying out the policies of the

4-17  commission.

4-18    2.  Shall direct and supervise all the technical and administrative

4-19  activities of the commission.

4-20    3.  Shall report to the commission all relevant and important matters

4-21  concerning the administration of his office. He is subject to the supervision

4-22  of the commission and is responsible, unless otherwise provided by law,

4-23  for the conduct of the administrative function of the commission’s office.

4-24    4.  Shall perform any lawful act which he considers necessary or

4-25  desirable to carry out the purposes and provisions of [this chapter,] NRS

4-26  321.480 to 321.536, inclusive, and 538.010 to 538.251, inclusive, and any

4-27  other provisions of law relating to the powers and duties of the

4-28  commission.

4-29    Sec. 10.  NRS 538.137 is hereby amended to read as follows:

4-30    538.137  1.  The executive director shall appoint a deputy executive

4-31  director and shall designate his duties.

4-32    2.  The deputy executive director of the commission [is] :

4-33    (a) Is not in the classified or unclassified service of the state[.

4-34    3.  Except as otherwise provided in NRS 284.143, the deputy director

4-35  shall] ;

4-36    (b) Shall receive a salary determined pursuant to section 1 of this act;

4-37    (c) Is governed by the regulations adopted by the commission

4-38  pursuant to subsection 3 of section 1 of this act; and

4-39    (d) Shall devote his entire time and attention to the business of his

4-40  office and shall not pursue any other business or occupation or hold any

4-41  other office of profit.

4-42    Sec. 11.  NRS 538.141 is hereby amended to read as follows:

4-43    538.141  The executive director shall , within the limits of available

4-44  money, employ such assistants and employees as may be necessary to carry

4-45  out his functions and duties. The assistants and employees [have] :

4-46    1.  Have such duties as may be prescribed by the executive director[.] ;

4-47    2.  Are not in the classified or unclassified service of the state;

4-48    3.  Shall receive a salary determined pursuant to section 1 of this act;

4-49  and

5-1    4.  Are governed by the regulations adopted by the commission

5-2  pursuant to subsection 3 of section 1 of this act.

5-3    Sec. 12.  NRS 538.211 is hereby amended to read as follows:

5-4    538.211  [1.  The faith and credit of the State of Nevada hereby is

5-5  irrevocably pledged for the performance and observance of all covenants,

5-6  conditions, limitations, promises and undertakings made or specified to be

5-7  kept, observed or fulfilled on the part of this state, in any contract entered

5-8  into on or before January 1, 1996, with the United States of America

5-9  relating to the Robert B. Griffith Water Project.

5-10    2.] If the State of Nevada must purchase or otherwise acquire property,

5-11  or compensate for damage to property, for use in the transmission and

5-12  distribution of water or electrical power, the faith and credit of the State of

5-13  Nevada hereby is irrevocably pledged for the performance and observance

5-14  of all covenants, conditions, limitations, promises and undertakings made

5-15  or specified to be kept, observed or fulfilled on the part of the state, in any

5-16  contract entered into before, on or after July 1, 1981, pursuant to NRS

5-17  538.161 and 538.186.

5-18    Sec. 13.  NRS 543.550 is hereby amended to read as follows:

5-19    543.550  1.  There is hereby granted to a district the right of way for

5-20  the construction and maintenance of floodways, ditches, waterways,

5-21  conduits, canals, dikes, embankments, basins for retention or detention of

5-22  water and protective works in, over and across public lands of the State of

5-23  Nevada not otherwise disposed of or in use, but not in any case exceeding

5-24  the length or width necessary for the construction of those works and

5-25  adjuncts or for the protection thereof.

5-26    2.  Whenever any selection of right of way for those works or adjuncts

5-27  is made by the district, the board shall transmit to the division of state lands

5-28  of the state department of conservation and natural resources and any other

5-29  agency or entity of the state owning land in the area, including the

5-30  University and Community College System of Nevada[,] and the

5-31  Colorado River [Commission,] commission of Nevada, and to the county

5-32  recorder of the county in which the selected lands are situated a plat of the

5-33  lands so selected, giving the extent thereof and the uses for which they are

5-34  claimed or desired, verified to be correct.

5-35    3.  If the division of state lands of the state department of conservation

5-36  and natural resources approves the selection so made, it must be endorsed

5-37  upon the plat and a permit must be issued to use the rights of way and land.

5-38    Sec. 14.  NRS 284.140 is hereby amended to read as follows:

5-39    284.140  [The] Except as otherwise provided in NRS 223.085 and

5-40  223.570, and section 1 of this act, the unclassified service of the state

5-41  consists of positions held by state officers or employees in the executive

5-42  department of the state government as follows:

5-43    1.  Persons chosen by election or appointment to fill an elective office.

5-44    2.  Members of boards and commissions, and heads of departments,

5-45  agencies and institutions required by law to be appointed.

5-46    3.  At the discretion of the elective officer or head of each department,

5-47  agency or institution, one deputy and one chief assistant in each

5-48  department, agency or institution.

6-1    4.  [Except as otherwise provided in NRS 223.085 and 223.570, all] All

6-2  persons required by law to be appointed by the governor or heads of

6-3  departments or agencies appointed by the governor or by boards.

6-4    5.  All employees other than clerical in the office of the attorney

6-5  general and the state public defender required by law to be appointed by

6-6  the attorney general or the state public defender.

6-7    6.  Except as otherwise provided by the board of regents of the

6-8  University of Nevada pursuant to NRS 396.251, officers and members of

6-9  the teaching staff and the staffs of the agricultural extension department

6-10  and experiment station of the University and Community College System

6-11  of Nevada, or any other state institution of learning, and student employees

6-12  of these institutions. Custodial, clerical or maintenance employees of these

6-13  institutions are in the classified service. The board of regents of the

6-14  University of Nevada shall assist the director in carrying out the provisions

6-15  of this chapter applicable to the University and Community College

6-16  System of Nevada.

6-17    7.  Officers and members of the Nevada National Guard.

6-18    8.  Persons engaged in public work for the state but employed by

6-19  contractors when the performance of the contract is authorized by the

6-20  legislature or another competent authority.

6-21    9.  Patient and inmate help in state charitable, penal, mental and

6-22  correctional institutions.

6-23    10.  Part-time professional personnel who are paid for any form of

6-24  medical, nursing or other professional service and who are not engaged in

6-25  the performance of administrative or substantially recurring duties.

6-26    11.  All other officers and employees authorized by law to be employed

6-27  in the unclassified service.

6-28    Sec. 15.  NRS 284.150 is hereby amended to read as follows:

6-29    284.150  1.  [The] Except where a position is exempted from the

6-30  classified service by specific statute, the classified service of the State of

6-31  Nevada is comprised of all positions in the public service now existing or

6-32  hereafter created which are not included in the unclassified service, and

6-33  which provide services for any office, department, board, commission,

6-34  bureau, agency or institution in the executive department of the state

6-35  government operating by authority of the constitution or law and supported

6-36  in whole or in part by any public money, whether the money is received

6-37  from the Government of the United States or any branch or agency thereof,

6-38  or from private or any other sources.

6-39    2.  Appointments in the classified service must be made according to

6-40  merit and fitness from eligible lists prepared upon the basis of examination,

6-41  which must be open and competitive, except as otherwise provided in this

6-42  chapter.

6-43    3.  Except as otherwise provided in NRS 193.105 and 416.070, a

6-44  person must not be appointed, transferred, promoted, demoted or

6-45  discharged as an officer, clerk, employee or laborer in the classified service

6-46  in any manner or by any means other than those prescribed in this chapter

6-47  and the regulations adopted in accordance therewith.

6-48    4.  A person must not be discriminated against on account of his

6-49  religious opinions or affiliations, race, sex, age or disability.

7-1    Sec. 16.  NRS 321.490 is hereby amended to read as follows:

7-2    321.490  1.  As used in NRS 321.480 to 321.536, inclusive, unless the

7-3  context otherwise requires:

7-4    (a) “Commission” means the Colorado River commission[.] of Nevada.

7-5    (b) “Development” and “develop” include the:

7-6       (1) Preparation of a proposal, plans for a subdivision, plans for a

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

7-8  chapters 278 and 278A of NRS and any local master plans, regulations and

7-9  ordinances governing the improvement or use of land or the location and

7-10  construction of structures;

7-11      (2) Planning, design, construction or any other act necessary to

7-12  acquire, extend, alter, reconstruct, repair or make other improvements to a

7-13  project; and

7-14      (3) Solicitation, consideration and approval of proposals for the use

7-15  of land,

7-16  in the Fort Mohave Valley.

7-17    2.  As used in this section, “project” means any structure, facility,

7-18  undertaking or system which a county, city, town, general improvement

7-19  district or special district is authorized to acquire, improve, equip, maintain

7-20  or operate, including all kinds of personal and real property, improvements

7-21  and fixtures thereon, property of any nature appurtenant thereto or used in

7-22  connection therewith and every estate, interest and right therein, legal or

7-23  equitable, including terms for years, or any combination thereof.

7-24    Sec. 17.  NRS 349.225 is hereby amended to read as follows:

7-25    349.225  Except for bonds issued by the Colorado River commission of

7-26  Nevada which are additionally supported by pledged revenues of a project,

7-27  any general obligation bond authorized on the behalf and in the name of

7-28  the state is subject to the review and approval of the state board of finance,

7-29  unless otherwise provided by statute.

7-30    Sec. 18.  NRS 353A.020 is hereby amended to read as follows:

7-31    353A.020  1.  The director, in consultation with the committee and

7-32  legislative auditor, shall adopt a uniform system of internal accounting and

7-33  administrative control for agencies. The elements of the system must

7-34  include, without limitation:

7-35    (a) A plan of organization which provides for a segregation of duties

7-36  appropriate to safeguard the assets of the agency;

7-37    (b) A plan which limits access to assets of the agency to persons who

7-38  need the assets to perform their assigned duties;

7-39    (c) Procedures for authorizations and recordkeeping which effectively

7-40  control accounting of assets, liabilities, revenues and expenses;

7-41    (d) A system of practices to be followed in the performance of the

7-42  duties and functions of each agency; and

7-43    (e) An effective system of internal review.

7-44    2.  The director, in consultation with the committee and legislative

7-45  auditor, may modify the system whenever he considers it necessary.

7-46    3.  Each agency shall develop written procedures to carry out the

7-47  system of internal accounting and administrative control adopted pursuant

7-48  to this section.

 

8-1    4.  For the purposes of this section, “agency” does not include:

8-2    (a) A board or commission created by the provisions of chapters 623 to

8-3  625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

8-4    (b) The University and Community College System of Nevada.

8-5    (c) The public employees’ retirement system.

8-6    (d) The housing division of the department of business and industry.

8-7    (e) The Colorado River [Commission.] commission of Nevada.

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

8-9    353A.025  1.  The head of each agency shall periodically review the

8-10  agency’s system of internal accounting and administrative control to

8-11  determine whether it is in compliance with the uniform system of internal

8-12  accounting and administrative control for agencies adopted pursuant to

8-13  subsection 1 of NRS 353A.020.

8-14    2.  On or before July 1 of each even-numbered year, the head of each

8-15  agency shall report to the director whether the agency’s system of internal

8-16  accounting and administrative control is in compliance with the uniform

8-17  system adopted pursuant to subsection 1 of NRS 353A.020. The reports

8-18  must be made available for inspection by the members of the legislature.

8-19    3.  For the purposes of this section, “agency” does not include:

8-20    (a) A board or commission created by the provisions of chapters 623 to

8-21  625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.

8-22    (b) The University and Community College System of Nevada.

8-23    (c) The public employees’ retirement system.

8-24    (d) The housing division of the department of business and industry.

8-25    (e) The Colorado River [Commission.] commission of Nevada.

8-26    4.  The director shall, on or before the first Monday in February of each

8-27  odd-numbered year, submit a report on the status of internal accounting

8-28  and administrative controls in agencies to the:

8-29    (a) Director of the legislative counsel bureau for transmittal to the:

8-30      (1) Senate standing committee on finance; and

8-31      (2) Assembly standing committee on ways and means;

8-32    (b) Governor; and

8-33    (c) Legislative auditor.

8-34    5.  The report submitted by the director pursuant to subsection 4 must

8-35  include, without limitation:

8-36    (a) The identification of each agency that has not complied with the

8-37  requirements of subsections 1 and 2;

8-38    (b) The identification of each agency that does not have an effective

8-39  method for reviewing its system of internal accounting and administrative

8-40  control; and

8-41    (c) The identification of each agency that has weaknesses in its system

8-42  of internal accounting and administrative control, and the extent and types

8-43  of such weaknesses.

8-44    Sec. 20.  1.  Except as otherwise provided in this section, nothing in

8-45  this act affects the rights and privileges granted by law to any current

8-46  employee, including, without limitation, vested rights concerning

8-47  retirement benefits, and the right to join or not join a labor organization.

8-48    2.  Notwithstanding sections 8, 10 and 11 of this act:

9-1    (a) The Colorado River commission of Nevada shall not require any

9-2  current employee to transfer to an exempt position;

9-3    (b) The position of a current employee who elects to remain in the

9-4  classified or unclassified service of the state continues to be governed by

9-5  all applicable provisions of chapter 284 of NRS; and

9-6    (c) A current employee who elects to transfer to an exempt position is

9-7  governed by the provisions of the regulations adopted by the Colorado

9-8  River commission of Nevada pursuant to subsection 3 of section 1 of this

9-9  act.

9-10    3.  The Colorado River commission of Nevada shall adopt regulations

9-11  providing a procedure by which a current employee who is offered an

9-12  exempt position may elect to remain in the classified or unclassified

9-13  service of the state or may elect to transfer to the exempt position.

9-14    4.  Except as otherwise provided in NRS 538.133 and 538.137, as

9-15  amended by this act, a position of employment within the Colorado River

9-16  commission of Nevada existing on the effective date of this act, other than

9-17  the executive director and deputy executive director, which thereafter

9-18  becomes vacant shall be deemed to be abolished.

9-19    5.  Notwithstanding the provisions of sections 8, 10 and 11 of this act,

9-20  the executive director, deputy executive director and other employees of

9-21  the Colorado River commission of Nevada are entitled to receive annual

9-22  salaries of not more than the maximum amounts otherwise provided by law

9-23  for those positions, including, without limitation, any adjustments provided

9-24  by law, until the salaries for those positions are set by the Colorado River

9-25  commission of Nevada by regulation pursuant to section 1 of this act.

9-26    6.  As used in this section:

9-27    (a) “Current employee” means an employee of the Colorado River

9-28  commission of Nevada who is employed by the commission on the

9-29  effective date of this act.

9-30    (b) “Exempt position” means a position of employment created

9-31  pursuant to paragraph (a) of subsection 1 of section 1 of this act.

9-32    Sec. 21.  This act becomes effective upon passage and approval.

9-33    Sec. 22.  The Legislative Counsel shall:

9-34    1.  In preparing the reprint and supplements to the Nevada Revised

9-35  Statutes, appropriately change any references to an officer, agency or other

9-36  entity whose name is changed or whose responsibilities are transferred

9-37  pursuant to the provisions of this act to refer to the appropriate officer,

9-38  agency or other entity.

9-39    2.  In preparing supplements to the Nevada Administrative Code,

9-40  appropriately change any references to an officer, agency or other entity

9-41  whose name is changed or whose responsibilities are transferred pursuant

9-42  to the provisions of this act to refer to the appropriate officer, agency or

9-43  other entity.

 

9-44  H