Assembly Bill No. 217–Committee on
Government Affairs

 

(On Behalf of the Department of Personnel)

 

February 28, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes regarding State Personnel System. (BDR 23‑495)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to State Government; authorizing state offices to establish an alternative schedule of operation; transferring the power or duty to adopt certain regulations from the Department of Personnel and the Director of the Department to the Personnel Commission; authorizing an employee to offset an overpayment of salary with annual leave; allowing the State Board of Examiners to delegate to its Clerk the authority to designate certain overpayments of salary as bad debts; repealing a duplicative provision regarding certain reports by appointing authorities; 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 281.110 is hereby amended to read as follows:

1-2  281.110  1.  [The] Unless required for the efficient

1-3  transaction of business and the convenience of the persons with

1-4  whom business is transacted, the offices of all state officers,

1-5  departments, boards, commissions and agencies [shall:] must:

1-6  (a) Maintain not less than a 40-hour workweek.

2-1  (b) Be open for the transaction of business at least from 8 a.m.

2-2  until 12 p.m. and from 1 p.m. until 5 p.m. every day of the year,

2-3  with the exception of Saturdays, Sundays and legal holidays.

2-4  2.  Variable workweek scheduling may be required in those

2-5  agencies where coverage is needed on Saturdays, Sundays and legal

2-6  holidays [.

2-7  2.] or on other days or during other hours, as necessary.

2-8  3. The offices of all state officers, departments, boards,

2-9  commissions and agencies [shall] that are open on the days and

2-10  during the hours set forth in paragraph (b) of subsection 1 must

2-11  remain open during the noon hour of each [regular] working day if

2-12  any such office has more than one person on its staff.

2-13      Sec. 2.  NRS 284.065 is hereby amended to read as follows:

2-14      284.065  1.  The Commission has only such powers and duties

2-15  as are authorized by law.

2-16      2.  In addition to the powers and duties set forth elsewhere in

2-17  this chapter, the Commission shall:

2-18      (a) Advise the Director concerning the organization and

2-19  administration of the Department.

2-20      (b) Report to the Governor biennially on all matters which the

2-21  Commission may deem pertinent to the Department and concerning

2-22  any specific matters previously requested by the Governor.

2-23      (c) Advise and make recommendations to the Governor or the

2-24  Legislature relative to the personnel policy of the State.

2-25      (d) [Advise the Director with respect to the preparation and

2-26  adoption of] Adopt regulations to carry out the provisions of this

2-27  chapter.

2-28      (e) Foster the interest of institutions of learning and of civic,

2-29  professional and employee organizations in the improvement of

2-30  personnel standards in the state service.

2-31      (f) Review decisions of the Director in contested cases involving

2-32  the classification or allocation of particular positions.

2-33      (g) Exercise any other advisory powers necessary or reasonably

2-34  implied within the provisions and purposes of this chapter.

2-35      Sec. 3.  NRS 284.105 is hereby amended to read as follows:

2-36      284.105  1.  The Director shall direct and supervise all

2-37  administrative and technical activities of the Department.

2-38      2.  In addition to the duties imposed upon him elsewhere in this

2-39  chapter, the Director shall:

2-40      (a) Apply and carry out the provisions of this chapter and the

2-41  regulations adopted [under] pursuant to it.

2-42      (b) Establish objectives for the Department in terms which are

2-43  specific, measurable and conducive to reliable evaluation, and

2-44  develop a plan for accomplishing those objectives.

3-1  (c) Establish a system of appropriate policies for each function

3-2  within the Department.

3-3  (d) Attend all meetings of the Commission.

3-4  (e) Advise the Commission with respect to the preparation and

3-5  adoption of regulations to carry out the provisions of this chapter.

3-6  (f) Report to the Governor and the Commission upon all matters

3-7  concerning the administration of his office[,] and request the advice

3-8  of the Commission on matters concerning the policies of the

3-9  Department , [;] but the Director is responsible for the conduct of

3-10  the Department and its administrative functions unless otherwise

3-11  provided by law.

3-12      [(f)] (g) Establish and maintain a roster of all employees in the

3-13  public service. The roster must set forth, as to each employee:

3-14          (1) The class title of the position held.

3-15          (2) The salary or pay.

3-16          (3) Any change in class title, pay or status.

3-17          (4) Other pertinent data.

3-18      [(g)] (h) In cooperation with appointing authorities and others,

3-19  foster and develop programs for improving the effectiveness and

3-20  morale of employees, including training and procedures for hearing

3-21  and adjusting grievances.

3-22      [(h)] (i) Encourage and exercise leadership in the development

3-23  of effective personnel administration within the several departments

3-24  in the public service, and make available the facilities and services

3-25  of the Department and its employees to this end.

3-26      [(i)] (j) Make to the Commission and to the Governor a biennial

3-27  report regarding the work of the Department and such special

3-28  reports as he may consider desirable.

3-29      [(j)] (k) Maintain a continuous program of recruiting for the

3-30  [public] classified service.

3-31      [(k)] (l) Perform any other lawful acts which he may consider

3-32  necessary or desirable to carry out the purposes and provisions of

3-33  this chapter.

3-34      Sec. 4.  NRS 284.121 is hereby amended to read as follows:

3-35      284.121  Each appointing authority shall report to the Director

3-36  in writing, from time to time, [upon the date of the official action in,

3-37  or knowledge of, any] any appointment, transfer, separation,

3-38  suspension [or reinstatement of a person in the public service,] ,

3-39  reinstatement or any reduction or other change to a position in the

3-40  public service. The report must contain:

3-41      1.  The name of the appointee or employee.

3-42      2.  The title and status of his employment.

3-43      3.  The date of commencement of the action.

3-44      4.  The salary or compensation of the appointee or employee.

 

4-1  Sec. 5.  NRS 284.135 is hereby amended to read as follows:

4-2  284.135  1.  Subject to regulations [prescribed] adopted by the

4-3  [Director,] Commission, the services and facilities of the

4-4  Department and its employees are available upon request to political

4-5  subdivisions of the State.

4-6  2.  In making the services and facilities of the Department and

4-7  its employees available, it must be understood that:

4-8  (a) Requirements for the enforcement and administration of the

4-9  provisions of this chapter must be given precedence; and

4-10      (b) The political subdivisions shall reimburse the Department

4-11  for the reasonable cost of those services and facilities.

4-12      Sec. 6.  NRS 284.150 is hereby amended to read as follows:

4-13      284.150  1.  The classified service of the State of Nevada is

4-14  comprised of all positions in the public service now existing or

4-15  hereafter created which are [not included in the unclassified service,

4-16  and which provide services for any office, department, board,

4-17  commission, bureau, agency or institution in the Executive

4-18  Department of the State Government operating by authority of the

4-19  Constitution or law and supported in whole or in part by any public

4-20  money, whether the money is received from the Government of the

4-21  United States or any branch or agency thereof, or from private or

4-22  any other sources.

4-23      2.  Appointments] :

4-24      (a) Lawfully designated as being in the classified service [must

4-25  be made] ; and

4-26      (b) Filled according to merit and fitness from eligible lists

4-27  prepared upon the basis of examination, which must be open and

4-28  competitive, except as otherwise provided in this chapter and

4-29  NRS 209.161.

4-30      [3.] 2.  Except as otherwise provided in NRS 193.105, 209.161

4-31  and 416.070, a person must not be appointed, transferred, promoted,

4-32  demoted or discharged [as an officer, clerk, employee or laborer] in

4-33  the classified service in any manner or by any means other than

4-34  those prescribed in this chapter and the regulations adopted in

4-35  accordance therewith.

4-36      [4.] 3.  A person must not be discriminated against on account

4-37  of his religious opinions or affiliations, race, sex, age or disability.

4-38      Sec. 7.  NRS 284.155 is hereby amended to read as follows:

4-39      284.155  1.  The [Director] Commission shall adopt a code of

4-40  regulations for the classified service . [which must be approved by

4-41  the Commission.]

4-42      2.  The code must include regulations concerning certifications

4-43  and appointments for:

5-1  (a) Positions in classes having a maximum salary of $12,500 or

5-2  less as of December 31, 1980, where the regular procedures for

5-3  examination and certification are impracticable; and

5-4  (b) Classes where applicants for promotion are not normally

5-5  available.

5-6  These regulations may be different from the regulations concerning

5-7  certifications and appointments for other positions in the classified

5-8  service.

5-9  Sec. 8.  NRS 284.175 is hereby amended to read as follows:

5-10      284.175  1.  After consultation with appointing authorities and

5-11  state fiscal officers, [and after a public hearing and approval by the

5-12  Commission,] the Director shall [prescribe regulations for] prepare

5-13  a pay plan for all employees in the classified service.

5-14      2.  The pay plan and its amendments become effective only

5-15  after approval by [the Commission and] the Governor.

5-16      3.  The [Director shall prepare a] pay plan [and] must include,

5-17  without limitation, ranges for each class, grade or group of positions

5-18  in the classified service. Each employee in the classified service

5-19  must be paid at one of the rates set forth in the pay plan for the class

5-20  of position in which he is employed and at such time as necessary

5-21  money is made available for the payment.

5-22      4.  The [Director shall prescribe regulations that provide for

5-23  progression through the rate ranges based on merit and fitness alone.

5-24  The regulations become effective upon the approval of the

5-25  Commission.

5-26      5.  In making] Commission shall adopt regulations to carry

5-27  out the pay plan.

5-28      5.  The Director may make recommendations to the

5-29  Legislature during regular legislative sessions concerning salaries

5-30  for the classified service of the State . [,] In making such

5-31  recommendations, the Director shall consider factors such as:

5-32      (a) Surveys of salaries of comparable jobs in government and

5-33  private industry within the State of Nevada and western states,

5-34  where appropriate;

5-35      (b) Changes in the cost of living;

5-36      (c) The rate of turnover and difficulty of recruitment for

5-37  particular positions; and

5-38      (d) Maintaining an equitable relationship among classifications.

5-39      Sec. 9.  NRS 284.180 is hereby amended to read as follows:

5-40      284.180  1.  The Legislature declares that since uniform salary

5-41  and wage rates and classifications are necessary for an effective and

5-42  efficient personnel system, the pay plan must set the official rates

5-43  applicable to all positions in the classified service, but the

5-44  establishment of the pay plan in no way limits the authority of the

6-1  Legislature relative to budgeted appropriations for salary and wage

6-2  expenditures.

6-3  2.  Credit for overtime work directed or approved by the head

6-4  of an agency or his representative must be earned at the rate of time

6-5  and one-half, except for those employees described in NRS 284.148.

6-6  3.  Except as otherwise provided in subsections 4, 6, 7 and 9,

6-7  overtime is considered time worked in excess of:

6-8  (a) Eight hours in 1 calendar day;

6-9  (b) Eight hours in any 16-hour period; or

6-10      (c) A 40-hour week.

6-11      4.  Firemen who choose and are approved for a 24-hour shift

6-12  shall be deemed to work an average of 56 hours per week and 2,912

6-13  hours per year, regardless of the actual number of hours worked or

6-14  on paid leave during any biweekly pay period. A fireman so

6-15  assigned is entitled to receive 1/26 of his annual salary for each

6-16  biweekly pay period. In addition, overtime must be considered time

6-17  worked in excess of:

6-18      (a) Twenty-four hours in one scheduled shift; or

6-19      (b) Fifty-three hours average per week during one work period

6-20  for those hours worked or on paid leave.

6-21  The appointing authority shall designate annually the length of the

6-22  work period to be used in determining the work schedules for such

6-23  firemen. In addition to the regular amount paid such a fireman for

6-24  the deemed average of 56 hours per week, he is entitled to payment

6-25  for the hours which comprise the difference between the 56-hour

6-26  average and the overtime threshold of 53 hours average at a rate

6-27  which will result in the equivalent of overtime payment for those

6-28  hours.

6-29      5.  The [Director, with the approval of the Commission,]

6-30  Commission shall adopt regulations to carry out the provisions of

6-31  subsection 4.

6-32      6.  For employees who choose and are approved for a variable

6-33  workday, overtime will be considered only after working 40 hours

6-34  in 1 week.

6-35      7.  Employees who are eligible under the Fair Labor Standards

6-36  Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour

6-37  work schedule within a biweekly pay period and who choose and

6-38  are approved for such a work schedule will be considered eligible

6-39  for overtime only after working 80 hours biweekly, except those

6-40  eligible employees who are approved for overtime in excess of one

6-41  scheduled shift of 8 or more hours per day.

6-42      8.  An agency may experiment with innovative workweeks

6-43  upon the approval of the head of the agency and after majority

6-44  consent of the affected employees. The affected employees are

6-45  eligible for overtime only after working 40 hours in a workweek.

7-1  9.  This section does not supersede or conflict with existing

7-2  contracts of employment for employees hired to work 24 hours a

7-3  day in a home setting. Any future classification in which an

7-4  employee will be required to work 24 hours a day in a home setting

7-5  must be approved in advance by the Commission.

7-6  10.  All overtime must be approved in advance by the

7-7  appointing authority or his designee. No officer or employee, other

7-8  than a director of a department or the chairman of a board,

7-9  commission or similar body, may authorize overtime for himself.

7-10  The chairman of a board, commission or similar body must approve

7-11  in advance all overtime worked by members of the board,

7-12  commission or similar body.

7-13      11.  The Budget Division of the Department of Administration

7-14  shall review all overtime worked by employees of the Executive

7-15  Department to ensure that overtime is held to a minimum. The

7-16  Budget Division shall report quarterly to the State Board of

7-17  Examiners the amount of overtime worked in the quarter within the

7-18  various agencies of the State.

7-19      Sec. 10.  NRS 284.205 is hereby amended to read as follows:

7-20      284.205  The [Director shall prescribe] Commission shall

7-21  adopt regulations for open competitive examinations to test the

7-22  relative fitness of applicants for the respective positions.

7-23      Sec. 11.  NRS 284.210 is hereby amended to read as follows:

7-24      284.210  1.  All competitive examinations for positions in the

7-25  classified service must:

7-26      (a) Relate to those matters which fairly test the capacity and

7-27  fitness of the persons examined to perform in an efficient manner

7-28  the duties of the class in which employment is sought.

7-29      (b) Be open to all applicants who meet the reasonable standards

7-30  or requirements fixed by the Director with regard to experience,

7-31  character, age, education, physical condition and any other factors

7-32  relating to the ability of the applicants to perform the duties of the

7-33  position with reasonable efficiency.

7-34      2.  An examination may consist of:

7-35      (a) An evaluation of the applicant’s training and experience;

7-36      (b) A written examination;

7-37      (c) An oral examination;

7-38      (d) An evaluation of the applicant’s performance, such as the

7-39  ability to operate successfully certain equipment; or

7-40      (e) Any combination of paragraphs (a) to (d), inclusive.

7-41      3.  An examination may be conducted by using a center for

7-42  assessment as defined by regulations adopted by the [Director.]

7-43  Commission. An employee of the department for which an

7-44  examination is being held may not serve on the panel or score the

7-45  examination.

8-1  4.  An oral examination given pursuant to this section must be:

8-2  (a) Except as otherwise provided in subsection 5, conducted by

8-3  a panel of which no more than one-third of the members are

8-4  employed by the department in which a vacancy exists for the

8-5  position for which the examination is given.

8-6  (b) Recorded and maintained by the department for:

8-7       (1) Not less than 2 years after the date of the examination; or

8-8       (2) Until the final disposition of a charge of

8-9  discrimination,

8-10  whichever is longer, and must be available to an affected person

8-11  upon request.

8-12      5.  Employees of the department in which a vacancy exists may

8-13  comprise more than one-third of the members of the panel if:

8-14      (a) A member who is not such an employee is unable to serve on

8-15  the panel because of illness or an emergency;

8-16      (b) The department has more than 1,000 employees; and

8-17      (c) The department has two or more divisions that administer

8-18  separate and diverse programs and the employees of the department

8-19  on the panel are not employed by the same division.

8-20      Sec. 12.  NRS 284.240 is hereby amended to read as follows:

8-21      284.240  The Director may refuse to examine an applicant or,

8-22  after examination, may refuse to certify an eligible person who :

8-23  [comes under any of the following categories:]

8-24      1.  Lacks any of the preliminary requirements established for

8-25  the examination for the position or employment for which he

8-26  applies.

8-27      2.  [Is addicted to the use of habit-forming drugs.

8-28      3.  Is an habitual user of intoxicating liquors to excess.

8-29      4.] Submitted to a screening test administered pursuant to NRS

8-30  284.4066, the results of which indicated the presence of a

8-31  controlled substance, and the person did not provide the proof

8-32  required by NRS 284.4066.

8-33      3.  Has been guilty of any crime involving moral turpitude or of

8-34  infamous or notoriously disgraceful conduct.

8-35      [5.] 4.  Has been dismissed from the public service for

8-36  delinquency or misconduct.

8-37      [6.] 5.  Has made a false statement of any material fact.

8-38      [7.] 6.  Has, directly or indirectly, given, rendered or paid, or

8-39  promised to give, render or pay, any money, service or other

8-40  valuable thing to any person for, or on account of[,] or in

8-41  connection with, his examination[,] appointment or proposed

8-42  appointment.

8-43      [8.] 7.  Has practiced, or attempted to practice, any deception

8-44  or fraud in his application, in his certificate, in his examination, or in

8-45  securing his eligibility or appointment.

9-1  Sec. 13.  NRS 284.250 is hereby amended to read as follows:

9-2  284.250  1.  The [Director shall prescribe] Commission shall

9-3  adopt regulations for the establishment of eligible lists for

9-4  appointment and promotion which must contain the names of

9-5  successful applicants in the order of their relative excellence in the

9-6  respective examinations.

9-7  2.  The term of eligibility of applicants on such lists is 1 year,

9-8  but the term may be extended by the Director to a maximum of

9-9  3 years.

9-10      Sec. 14.  NRS 284.290 is hereby amended to read as follows:

9-11      284.290  1.  All original competitive appointments to and

9-12  promotions within the classified service must be for a fixed

9-13  probationary period of 6 months, except that a longer period not

9-14  exceeding 1 year may be established for classes of positions in

9-15  which the nature of the work requires a longer period for proper

9-16  evaluation of performance.

9-17      2.  Dismissals or demotions may be made at any time during the

9-18  probationary period in accordance with regulations [established]

9-19  adopted by the [Director.] Commission.

9-20      3.  Before the end of the probationary period and in accordance

9-21  with regulations [established] adopted by the [Director,]

9-22  Commission, the appointing authority shall notify the Director in

9-23  writing whether or not the probationer is a satisfactory employee

9-24  and should receive the status of a permanent appointee.

9-25      Sec. 15.  NRS 284.295 is hereby amended to read as follows:

9-26      284.295  1.  Vacancies in positions must be filled, so far as

9-27  practicable, by promotion within a department or agency from

9-28  among persons holding positions in the classified service.

9-29  Promotions must be based upon merit and fitness, to be ascertained

9-30  in accordance with regulations [established] adopted by the

9-31  [Director.] Commission. In such regulations , the employee’s

9-32  efficiency, character, conduct and length of service must all

9-33  constitute factors. For the purposes of this subsection, a person

9-34  employed by the Legislative Branch of Government pursuant to

9-35  subsection 5 of NRS 284.3775 shall be deemed to hold the position

9-36  he held before the legislative session.

9-37      2.  Eligibility for promotion must be determined on

9-38  recommendation of the appointing authority and certification by the

9-39  Director that the employee meets the minimum requirements and

9-40  demonstrates his qualifications in accordance with regulations

9-41  [established] adopted by the [Director.] Commission.

9-42      3.  The Director may provide, in specific cases, for competitive

9-43  promotional examinations among employees of departments other

9-44  than that in which a particular vacancy in a higher classification may

9-45  exist.

10-1      4.  An advancement in rank or grade or an increase in salary

10-2  beyond the maximum fixed for the class constitutes a promotion.

10-3      Sec. 16.  NRS 284.305 is hereby amended to read as follows:

10-4      284.305  1.  Except as otherwise provided in subsection 2,

10-5  positions in the classified service may be filled without competition

10-6  only as provided in NRS 284.155, 284.307, 284.309, 284.310,

10-7  284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and

10-8  284.3775.

10-9      2.  The [Director] Commission may adopt regulations which

10-10  provide for filling positions in the classified service without

10-11  competition in cases involving:

10-12     (a) The demotion of a current employee;

10-13     (b) The reemployment of a current or former employee who was

10-14  or will be adversely affected by layoff, military service,

10-15  reclassification or a permanent partial disability arising out of and in

10-16  the course of his employment; or

10-17     (c) The reappointment of a current employee.

10-18     Sec. 17.  NRS 284.317 is hereby amended to read as follows:

10-19     284.317  [In order to further the efforts of the State of Nevada

10-20  toward alleviating the problems of persons with disabilities, full]

10-21  Full consideration must be given to the employment of a person

10-22  with a disability for a position if he is capable of [meeting

10-23  the necessary performance requirements] performing the essential

10-24  functions of the position with or without reasonable

10-25  accommodations.

10-26     Sec. 18.  NRS 284.325 is hereby amended to read as follows:

10-27     284.325  1.  The [Director] Commission shall adopt

10-28  regulations not inconsistent with this section for the certification of

10-29  qualified persons for temporary service.

10-30     2.  Except as otherwise provided in subsection 3, temporary

10-31  positions which occur, terminate or recur periodically must be filled

10-32  by certification in accordance with the regulations [established]

10-33  adopted by the [Director.] Commission.

10-34     3.  An agency may appoint persons temporarily for less than

10-35  160 cumulative hours during any calendar year without regard to the

10-36  regulations adopted by the [Director] Commission pursuant to

10-37  subsection 1.

10-38     4.  The limitation on hours set forth in subsection 3 does not

10-39  apply to temporary or part-time service by:

10-40     (a) A pupil attending his last 2 years of high school;

10-41     (b) A student employed by the college or university he attends;

10-42     (c) A person certified for temporary service in accordance with

10-43  NRS 284.327;

10-44     (d) An employee of an events center, museum or research center

10-45  of the University and Community College System of Nevada;

11-1      (e) A person employed by the University and Community

11-2  College System of Nevada in a temporary position which recurs

11-3  periodically for the registration of students; or

11-4      (f) A person employed by the University and Community

11-5  College System of Nevada to provide such assistance to a student

11-6  with a disability or to a student with an identified academic

11-7  disadvantage as it determines is necessary for the academic success

11-8  of the student, including, without limitation, a person employed as a

11-9  tutor, note taker, reader, sign interpreter or test proctor.

11-10     5.  The acceptance or refusal by an eligible person of a

11-11  temporary appointment does not affect his standing on the register

11-12  for permanent employment, nor may the period of temporary service

11-13  be counted as part of the probationary period in case of subsequent

11-14  appointment to a permanent position.

11-15     6.  Successive temporary appointments to the same position

11-16  must not be made under this section.

11-17     7.  As used in this section, “student with an identified academic

11-18  disadvantage” includes, without limitation, a student who the

11-19  University and Community College System of Nevada has

11-20  determined requires the services of a tutor for success in a course of

11-21  study.

11-22     Sec. 19.  NRS 284.327 is hereby amended to read as follows:

11-23     284.327  1.  To assist persons with disabilities certified by the

11-24  Rehabilitation Division of the Department of Employment, Training

11-25  and Rehabilitation, appointing authorities are encouraged and

11-26  authorized to make temporary limited appointments of certified

11-27  persons with disabilities for a period not to exceed 700 hours

11-28  notwithstanding that the positions so filled are continuing positions.

11-29  A person with a disability who is certified by the Rehabilitation

11-30  Division must be placed on the appropriate list for which he is

11-31  eligible. Each such person must possess the training and experience

11-32  necessary for the position for which he is certified. The

11-33  Rehabilitation Division must be notified of an appointing authority’s

11-34  request for a list of eligibility on which the names of one or more

11-35  certified persons with disabilities appear. A temporary limited

11-36  appointment of a certified person with a disability pursuant to this

11-37  section constitutes the person’s examination as required by

11-38  NRS 284.215.

11-39     2.  The [Director] Commission shall adopt regulations to carry

11-40  out the provisions of subsection 1.

11-41     3.  This section does not deter or prevent appointing authorities

11-42  from employing:

11-43     (a) A person with a disability if he is available and eligible for

11-44  permanent employment.

12-1      (b) A person with a disability who is employed pursuant to the

12-2  provisions of subsection 1 in permanent employment if he qualifies

12-3  for permanent employment before the termination of his temporary

12-4  limited appointment.

12-5      4.  If a person appointed pursuant to this section is subsequently

12-6  appointed to a permanent position during or after the 700-hour

12-7  period, the 700 hours or portion thereof counts toward the

12-8  employee’s probationary period.

12-9      Sec. 20.  NRS 284.335 is hereby amended to read as follows:

12-10     284.335  1.  The appointing authorities and other supervising

12-11  officers of the various state departments, agencies and institutions,

12-12  after consultation with the Director, shall establish standards of

12-13  work performance for each class of positions. Each appointing

12-14  authority shall provide each of its employees with a copy of the

12-15  standards for his position.

12-16     2.  The Director shall[:

12-17     (a) Maintain] maintain service records of performance

12-18  efficiency, character and conduct by a system of service ratings

12-19  based upon those standards.

12-20     [(b) Establish]

12-21     3.  The Commission shall adopt regulations with respect to

12-22  service ratings, and prescribe the extent to which service ratings

12-23  must be considered in determining the advisability of transfers, the

12-24  promotion of an employee to a higher class, the question of

12-25  demotion or dismissal of any employee, increases and decreases in

12-26  salary of an employee within the salary range established under this

12-27  chapter, and in all other decisions relating to the status of

12-28  employees.

12-29     [3.  The Director]

12-30     4.  The Commission may, by regulation, further prescribe the

12-31  extent to which the service ratings, and the reports upon which they

12-32  are based, are open to inspection.

12-33     Sec. 21.  NRS 284.340 is hereby amended to read as follows:

12-34     284.340  Each appointing authority shall:

12-35     1.  Report to the Director, in writing, the efficiency of his

12-36  subordinates and employees, and other information, in such manner

12-37  as the [Director] Commission may prescribe by regulation.

12-38     2.  File reports with the Director on the performance, during the

12-39  probationary period, of each of his employees who holds a position

12-40  in the classified service. A report must be filed at the end of the 2nd

12-41  and 5th months of employment if the probationary period is 6

12-42  months, or at the end of the 3rd, 7th and 11th months of

12-43  employment if the probationary period is 12 months.

12-44     3.  File a report annually with the Director on the performance

12-45  of each of his employees who holds a position in the classified

13-1  service and has attained permanent status. The report must be filed

13-2  at the end of the 12th month next following the attainment of

13-3  permanent status, and at the end of every 12th month thereafter. If

13-4  the report is not filed on or before the required date, the performance

13-5  of the employee shall be deemed to be standard.

13-6      4.  If any report he files with the Director on the performance of

13-7  an employee who holds a position in the classified service includes a

13-8  rating of substandard, file with the Director an additional report on

13-9  the performance of the employee at least every 90 days until the

13-10  performance improves to standard or until any disciplinary action is

13-11  taken.

13-12     5.  Provide the employee with a copy of each report filed.

13-13     Sec. 22.  NRS 284.343 is hereby amended to read as follows:

13-14     284.343  1.  [After] Except as otherwise provided in this

13-15  subsection, after consultation with appointing authorities, and in

13-16  cooperation with the State Board of Examiners, the [Director shall

13-17  prescribe] Commission shall adopt regulations for all training of

13-18  employees in the state service. Professional employees of the

13-19  teaching staff, Agricultural Extension Service and Nevada

13-20  Agricultural Experiment Station staffs of the University and

13-21  Community College System of Nevada, or any other state institution

13-22  of learning and student employees of such an institution are exempt

13-23  from the provisions of this section.

13-24     2.  The regulations [so prescribed] adopted pursuant to

13-25  subsection 1 must set forth the conditions under which educational

13-26  leave stipends may be paid to any officer or employee of the State.

13-27  Except as otherwise provided in NRS 612.230 and with the

13-28  exception of intermittent course work not leading to the awarding of

13-29  a degree, no person may be granted educational leave stipends until

13-30  he has entered into a contract with his employing agency whereby

13-31  he agrees to pursue only those courses required for a degree related

13-32  to his employment with the State and to return to the employ of his

13-33  employing agency on the basis of 1 year for each 9 months of

13-34  educational leave taken or to refund the total amount of the stipends

13-35  regardless of the balance at the time of separation.

13-36     3.  This section does not prevent the granting of sabbatical

13-37  leaves by the Board of Regents of the University of Nevada.

13-38     4.  Where practicable , all training for state employees must be

13-39  presented through established educational institutions within the

13-40  State.

13-41     5.  The Department shall coordinate all training activities

13-42  related to remedial programs and programs for career development

13-43  designed to correct educational and training deficiencies of state

13-44  employees and create employment opportunities for the

13-45  disadvantaged. In connection with these activities , the Department,

14-1  with the approval of the Governor, is designated to enter into

14-2  contractual arrangements with the Federal Government and others

14-3  that provide grants or other money for educational and training

14-4  activities.

14-5      Sec. 23.  NRS 284.345 is hereby amended to read as follows:

14-6      284.345  1.  Except as otherwise provided in subsection 2, the

14-7  [Director shall prescribe] Commission shall adopt regulations for

14-8  attendance and [leaves] leave with or without pay or reduced pay in

14-9  the various classes of positions in the public service.

14-10     2.  The Board of Regents of the University of Nevada shall

14-11  [prescribe] adopt regulations for attendance and for leave with or

14-12  without pay or with reduced pay, sabbatical leave, sick leave,

14-13  emergency leave, annual leave, terminal leave, military leave and

14-14  such other leave as the Board of Regents determines to be necessary

14-15  or desirable for officers and members of the faculty of the

14-16  University and Community College System of Nevada. Sabbatical

14-17  leave with pay may not be granted to more than 2 percent of the

14-18  teaching personnel of a branch or facility of the System the rank of

14-19  instructor or higher in any 1 year. No sabbatical leave with pay may

14-20  be granted unless the person requesting the leave agrees in writing

14-21  with the branch or facility to return to the branch or facility after the

14-22  leave for a period not less than that required by his most recent

14-23  contract of employment if the University and Community College

14-24  System of Nevada desires his continued service.

14-25     Sec. 24.  NRS 284.350 is hereby amended to read as follows:

14-26     284.350  1.  Except as otherwise provided in subsections 2, 3

14-27  and 4, an employee in the public service, whether in the classified or

14-28  unclassified service, is entitled to annual leave with pay of 1 1/4

14-29  working days for each month of continuous public service. The

14-30  annual leave may be cumulative from year to year not to exceed 30

14-31  working days. The [Department] Commission may by regulation

14-32  provide for additional annual leave for long-term employees and for

14-33  prorated annual leave for part-time employees.

14-34     2.  Except as otherwise provided in this subsection, any annual

14-35  leave in excess of 30 working days must be used before January 1 of

14-36  the year following the year in which the annual leave in excess of 30

14-37  working days is accumulated or the amount of annual leave in

14-38  excess of 30 working days is forfeited on that date. If an employee:

14-39     (a) On or before October 15, requests permission to take annual

14-40  leave; and

14-41     (b) His request for leave is denied in writing for any

14-42  reason,

14-43  he is entitled to payment for any annual leave in excess of 30

14-44  working days which he requested to take and which he would

14-45  otherwise forfeit as the result of the denial of his request, unless the

15-1  employee has final authority to approve use of his own accrued

15-2  leave and he received payment pursuant to this subsection for any

15-3  unused annual leave in excess of 30 working days accumulated

15-4  during the immediately preceding calendar year. The payment for

15-5  the employee’s unused annual leave must be made to him not later

15-6  than January 31.

15-7      3.  Officers and members of the faculty of the University and

15-8  Community College System of Nevada are entitled to annual leave

15-9  as provided by the regulations [prescribed] adopted pursuant to

15-10  subsection 2 of NRS 284.345.

15-11     4.  The [Director] Commission shall establish by regulation a

15-12  schedule for the accrual of annual leave for employees who

15-13  regularly work more than 40 hours per week or 80 hours biweekly.

15-14  The schedule must provide for the accrual of annual leave at the

15-15  same rate proportionately as employees who work a 40-hour week

15-16  accrue annual leave.

15-17     5.  No elected state officer may be paid for accumulated annual

15-18  leave upon termination of his service.

15-19     6.  During the first 6 months of employment of any employee in

15-20  the public service, annual leave accrues as provided in subsection 1,

15-21  but no annual leave may be taken during that period.

15-22     7.  No employee in the public service may be paid for

15-23  accumulated annual leave upon termination of employment unless

15-24  he has been employed for 6 months or more.

15-25     8.  Upon the request of an employee, the appointing authority

15-26  of the employee may approve the reduction or satisfaction of an

15-27  overpayment of the salary of the employee that was not obtained

15-28  by the fraud or willful misrepresentation of the employee with a

15-29  corresponding amount of the accrued annual leave of the

15-30  employee.

15-31     Sec. 25.  NRS 284.355 is hereby amended to read as follows:

15-32     284.355  1.  Except as otherwise provided in this section, all

15-33  employees in the public service, whether in the classified or

15-34  unclassified service, are entitled to sick and disability leave with pay

15-35  of 1 1/4 working days for each month of service, which may be

15-36  cumulative from year to year. After an employee has accumulated

15-37  90 working days of sick leave, the amount of additional unused sick

15-38  leave which he is entitled to carry forward from 1 year to the next is

15-39  limited to one-half of the unused sick leave accrued during that year,

15-40  but the [Department] Commission may by regulation provide for

15-41  subsequent use of unused sick leave accrued but not carried forward

15-42  because of this limitation in cases where the employee is suffering

15-43  from a long-term or chronic illness and has used all sick leave

15-44  otherwise available to him.

16-1      2.  Upon the retirement of an employee, his termination through

16-2  no fault of his own or his death while in public employment, the

16-3  employee or his beneficiaries are entitled to payment:

16-4      (a) For his unused sick leave in excess of 30 days, exclusive of

16-5  any unused sick leave accrued but not carried forward, according to

16-6  his number of years of public service, except service with a political

16-7  subdivision of the State, as follows:

16-8          (1) For 10 years of service or more but less than 15 years,

16-9  not more than $2,500.

16-10         (2) For 15 years of service or more but less than 20 years, not

16-11  more than $4,000.

16-12         (3) For 20 years of service or more but less than 25 years, not

16-13  more than $6,000.

16-14         (4) For 25 years of service, not more than $8,000.

16-15     (b) For his unused sick leave accrued but not carried forward, an

16-16  amount equal to one-half of the sum of:

16-17         (1) His hours of unused sick leave accrued but not carried

16-18  forward; and

16-19         (2) An additional 120 hours.

16-20     3.  The [Department] Commission may by regulation provide

16-21  for additional sick and disability leave for long-term employees and

16-22  for prorated sick and disability leave for part-time employees.

16-23     4.  An employee entitled to payment for unused sick leave

16-24  pursuant to subsection 2 may elect to receive the payment in any

16-25  one or more of the following forms:

16-26     (a) A lump-sum payment.

16-27     (b) An advanced payment of the premiums or contributions for

16-28  insurance coverage for which he is otherwise eligible pursuant to

16-29  chapter 287 of NRS. If the insurance coverage is terminated and the

16-30  money advanced for premiums or contributions pursuant to this

16-31  subsection exceeds the amount which is payable for premiums or

16-32  contributions for the period for which the former employee was

16-33  actually covered, the unused portion of the advanced payment must

16-34  be paid promptly to the former employee or, if he is deceased, to his

16-35  beneficiary.

16-36     (c) The purchase of additional retirement credit, if he is

16-37  otherwise eligible pursuant to chapter 286 of NRS.

16-38     5.  Officers and members of the faculty of the University and

16-39  Community College System of Nevada are entitled to sick and

16-40  disability leave as provided by the regulations adopted pursuant to

16-41  subsection 2 of NRS 284.345.

16-42     6.  The [Department] Commission may by regulation provide

16-43  policies concerning employees with mental or emotional disorders

16-44  which:

17-1      (a) Use a liberal approach to the granting of sick leave or leave

17-2  without pay to such an employee if it is necessary for him to be

17-3  absent for treatment or temporary hospitalization.

17-4      (b) Provide for the retention of the job of such an employee for a

17-5  reasonable period of absence, and if an extended absence

17-6  necessitates separation or retirement, provide for the reemployment

17-7  of such an employee if at all possible after recovery.

17-8      (c) Protect employee benefits, including, without limitation,

17-9  retirement, life insurance and health benefits.

17-10     7.  The [Director] Commission shall establish by regulation a

17-11  schedule for the accrual of sick leave for employees who regularly

17-12  work more than 40 hours per week or 80 hours biweekly. The

17-13  schedule must provide for the accrual of sick leave at the same rate

17-14  proportionately as employees who work a 40-hour week accrue sick

17-15  leave.

17-16     8.  The Department may investigate any instance in which it

17-17  believes that an employee has taken sick or disability leave to which

17-18  he was not entitled. If, after notice to the employee and a hearing,

17-19  the Commission determines that he has taken sick or disability leave

17-20  to which he was not entitled, the Commission may order the

17-21  forfeiture of all or part of his accrued sick leave.

17-22     Sec. 26.  NRS 284.359 is hereby amended to read as follows:

17-23     284.359  A permanent or probationary employee who performs

17-24  active military service under the provisions of any national military

17-25  service or training act, or who voluntarily serves in the Armed

17-26  Forces of the United States in time of war, or in such types of

17-27  service as the [Director] Commission by regulation may prescribe,

17-28  is, upon application, entitled to leave of absence without pay for the

17-29  period of such service plus a period not to exceed 90 days. If within

17-30  that period he applies for reinstatement, he must be reinstated to his

17-31  former class of position, or to a class of position having like

17-32  seniority, status and pay, or, if those positions have been abolished,

17-33  to the nearest approximation thereof consistent with the

17-34  circumstances.

17-35     Sec. 27.  NRS 284.375 is hereby amended to read as follows:

17-36     284.375  In accordance with regulations established by the

17-37  [Director,] Commission, transfers in the classified service may be

17-38  made from [a position in one grade or class to a position in another

17-39  grade or class] one position to another position within the same

17-40  grade when the duties [and compensation] are similar and when

17-41  such action is specifically approved by the Director.

17-42     Sec. 28.  NRS 284.379 is hereby amended to read as follows:

17-43     284.379  In the employment [and utilization] of a person with a

17-44  disability in the state service, continued efforts must be made to

17-45  retain the person by making reasonable accommodations that enable

18-1  him to [meet the necessary performance requirements] perform the

18-2  essential functions of the position and to enjoy the benefits and

18-3  privileges of his position. [Separation] An appointing authority

18-4  shall consider separation or disability retirement [is in order only

18-5  after it becomes apparent that a condition does not respond to

18-6  treatment.] if an employee can no longer perform the essential

18-7  functions of the position with or without reasonable

18-8  accommodations.

18-9      Sec. 29.  NRS 284.384 is hereby amended to read as follows:

18-10     284.384  1.  The [Director shall propose, and the] Commission

18-11  shall adopt[,] regulations which provide for the adjustment of

18-12  grievances for which a hearing is not provided by NRS 284.165,

18-13  284.245, 284.3629, 284.376 or 284.390. Any grievance for which a

18-14  hearing is not provided by NRS 284.165, 284.245, 284.3629,

18-15  284.376 or 284.390 is subject to adjustment pursuant to this section.

18-16     2.  The regulations must provide procedures for:

18-17     (a) Consideration and adjustment of the grievance within the

18-18  agency in which it arose.

18-19     (b) Submission to the Employee-Management Committee for a

18-20  final decision if the employee is still dissatisfied with the resolution

18-21  of the dispute.

18-22     3.  The regulations must include provisions for:

18-23     (a) Submitting each proposed resolution of a dispute which has a

18-24  fiscal effect to the Budget Division of the Department of

18-25  Administration for a determination by that Division whether the

18-26  resolution is feasible on the basis of its fiscal effects; and

18-27     (b) Making the resolution binding.

18-28     4.  Any grievance which is subject to adjustment pursuant to

18-29  this section may be appealed to the Employee-Management

18-30  Committee for a final decision.

18-31     5.  The employee may represent himself at any hearing

18-32  regarding a grievance which is subject to adjustment pursuant to this

18-33  section or be represented by an attorney or other person of the

18-34  employee’s own choosing.

18-35     6.  As used in this section, “grievance” means an act, omission

18-36  or occurrence which an employee who has attained permanent status

18-37  feels constitutes an injustice relating to any condition arising out of

18-38  the relationship between an employer and an employee, including,

18-39  but not limited to, compensation, working hours, working

18-40  conditions, membership in an organization of employees or the

18-41  interpretation of any law, regulation or disagreement.

18-42     Sec. 30.  NRS 284.4064 is hereby amended to read as follows:

18-43     284.4064  1.  If an employee informs his appointing authority

18-44  that he has consumed any drug which could interfere with the safe

18-45  and efficient performance of his duties, the appointing authority

19-1  may require the employee to obtain clearance from his physician

19-2  before he continues to work.

19-3      2.  If an appointing authority reasonably believes, based upon

19-4  objective facts, that an employee’s ability to perform his duties

19-5  safely and efficiently:

19-6      (a) May be impaired by the consumption of alcohol or other

19-7  drugs, it may ask the employee whether he has consumed any

19-8  alcohol or other drugs and, if so:

19-9          (1) The amount and types of alcohol or other drugs

19-10  consumed and the time of consumption; and

19-11         (2) If a controlled substance was consumed, the name of the

19-12  person who prescribed its use.

19-13     (b) Is impaired by the consumption of alcohol or other drugs, it

19-14  shall prevent the employee from continuing work and transport him

19-15  or cause him to be transported safely away from his place of

19-16  employment in accordance with regulations adopted by the

19-17  [Director.] Commission.

19-18     Sec. 31.  NRS 284.4065 is hereby amended to read as follows:

19-19     284.4065  1.  Except as otherwise provided in subsection 2, an

19-20  appointing authority may request an employee to submit to a

19-21  screening test only if the appointing authority:

19-22     (a) Reasonably believes, based upon objective facts, that the

19-23  employee is under the influence of alcohol or drugs which are

19-24  impairing his ability to perform his duties safely and efficiently;

19-25     (b) Informs the employee of the specific facts supporting its

19-26  belief pursuant to paragraph (a), and prepares a written record of

19-27  those facts; and

19-28     (c) Informs the employee in writing:

19-29         (1) Of whether the test will be for alcohol or drugs, or both;

19-30         (2) That the results of the test are not admissible in any

19-31  criminal proceeding against him; and

19-32         (3) That he may refuse the test, but that his refusal may result

19-33  in his dismissal or in other disciplinary action being taken against

19-34  him.

19-35     2.  An appointing authority may request an employee to submit

19-36  to a screening test if the employee:

19-37     (a) Is a law enforcement officer and, during the performance of

19-38  his duties, he discharges a firearm, other than by accident; or

19-39     (b) During the performance of his duties, drives a motor vehicle

19-40  in such a manner as to cause bodily injury to himself or another

19-41  person or substantial damage to property.

19-42  For the purposes of this subsection, the [Director] Commission

19-43  shall, by regulation, define the term “substantial damage to

19-44  property.”

20-1      3.  An appointing authority may place an employee who

20-2  submits to a screening test on administrative leave with pay until the

20-3  appointing authority receives the results of the test.

20-4      4.  An appointing authority shall:

20-5      (a) Within a reasonable time after an employee submits to a

20-6  screening test to detect the general presence of a controlled

20-7  substance or any other drug, allow the employee to obtain at his

20-8  expense an independent test of his urine or blood from a laboratory

20-9  of his choice which is certified by the Department of Health and

20-10  Human Services.

20-11     (b) Within a reasonable time after an employee submits to a

20-12  screening test to detect the general presence of alcohol, allow the

20-13  employee to obtain at his expense an independent test of his blood

20-14  from a laboratory of his choice.

20-15     (c) Provide the employee with the written results of his

20-16  screening test within 3 working days after it receives those results.

20-17     5.  An employee is not subject to disciplinary action for testing

20-18  positive in a screening test or refusing to submit to a screening test if

20-19  the appointing authority fails to comply with the provisions of this

20-20  section.

20-21     6.  An appointing authority shall not use a screening test to

20-22  harass an employee.

20-23     Sec. 32.  NRS 284.4066 is hereby amended to read as follows:

20-24     284.4066  1.  Each appointing authority shall, subject to the

20-25  approval of the Commission, determine whether each of its

20-26  positions of employment [affect] affects the public safety. The

20-27  appointing authority shall not hire an applicant for such a position

20-28  unless he submits to a screening test to detect the general presence

20-29  of a controlled substance . [or any other drug.] Notice of the

20-30  provisions of this section must be given to each applicant for such a

20-31  position at or before the time of application.

20-32     2.  An appointing authority may consider the results of a

20-33  screening test in determining whether to employ an applicant. If

20-34  those results indicate the presence of a controlled substance,the

20-35  appointing authority shall not hire the applicant unless he provides ,

20-36  within 72 hours after being requested by the appointing authority,

20-37  proof that he had taken the controlled substance as directed pursuant

20-38  to a current and lawful prescription issued in his name.

20-39     3.  An appointing authority shall, at the request of an applicant,

20-40  provide him with the results of his screening test.

20-41     Sec. 33.  NRS 284.407 is hereby amended to read as follows:

20-42     284.407  The [Director] Commission shall adopt such

20-43  regulations as are necessary to carry out the purposes of NRS

20-44  284.406 to 284.4069, inclusive.

 

21-1      Sec. 34.  NRS 227.150 is hereby amended to read as follows:

21-2      227.150  1.  The State Controller shall:

21-3      (a) Open and keep an account with each county, charging the

21-4  counties with the revenue collected, as shown by the auditor’s

21-5  statements, and also with their proportions of the salaries of the

21-6  district judges, and crediting them with the amounts paid to the State

21-7  Treasurer.

21-8      (b) Keep and state all accounts between the State of Nevada and

21-9  the United States, or any state or territory, or any person or public

21-10  officer of this state, indebted to the State or entrusted with the

21-11  collection, disbursement or management of any money, funds or

21-12  interests arising therefrom, belonging to the State, of every character

21-13  and description, if the accounts are derivable from or payable into

21-14  the State Treasury.

21-15     (c) Settle the accounts of all county treasurers, and other

21-16  collectors and receivers of all state revenues, taxes, tolls and

21-17  incomes, levied or collected by any act of the Legislature and

21-18  payable into the State Treasury.

21-19     (d) Keep fair, clear, distinct and separate accounts of all the

21-20  revenues and incomes of the State, and [also] of all the expenditures,

21-21  disbursements and investments thereof, showing the particulars of

21-22  every expenditure, disbursement and investment.

21-23     2.  The State Controller may:

21-24     (a) Direct the collection of all accounts or money due the State,

21-25  except as otherwise provided in chapter 353C of NRS, and if there is

21-26  no time fixed or stipulated by law for the payment of any such

21-27  accounts or money, they are payable at the time set by the State

21-28  Controller.

21-29     (b) Upon approval of the Attorney General, direct the

21-30  cancelation of any accounts or money due the State.

21-31     (c) Except as otherwise provided in subsection 3, withhold from

21-32  the compensation of an employee of the State any amount due the

21-33  State for the overpayment of the salary of the employee[.] that has

21-34  not been satisfied pursuant to subsection 8 of NRS 284.350 or in

21-35  any other manner.

21-36     3.  Before any amounts may be withheld from the compensation

21-37  of an employee pursuant to paragraph (c) of subsection 2, the State

21-38  Controller shall:

21-39     (a) Give written notice to the employee of the State Controller’s

21-40  intent to withhold such amounts from the compensation of the

21-41  employee; and

21-42     (b) If requested by the employee within 10 working days

21-43  after receipt of the notice, conduct a hearing and allow the employee

21-44  the opportunity to contest the State Controller’s determination

 

22-1  to withhold such amounts from the compensation of the

22-2  employee.

22-3  If the overpayment was not obtained by the employee’s fraud or

22-4  willful misrepresentation, any withholding from the compensation

22-5  of the employee must be made in a reasonable manner so as not to

22-6  create an undue hardship to the employee.

22-7      4.  The State Controller may adopt such regulations as are

22-8  necessary to carry out the provisions of this section.

22-9      Sec. 35.  NRS 321.030 is hereby amended to read as follows:

22-10     321.030  The State Land Registrar shall keep his office at the

22-11  seat of government, which office [shall] must be open for the

22-12  transaction of business [during] on the days and during the hours

22-13  [specified in] established pursuant to NRS 281.110.

22-14     Sec. 36.  NRS 353C.220 is hereby amended to read as follows:

22-15     353C.220  1.  If an agency determines that it is impossible or

22-16  impractical to collect a debt, the agency may request the State Board

22-17  of Examiners to designate the debt as a bad debt. The State Board of

22-18  Examiners, by an affirmative vote of the majority of the members of

22-19  the Board, may designate the debt as a bad debt if the Board is

22-20  satisfied that the collection of the debt is impossible or impractical.

22-21  The State Board of Examiners may delegate to its Clerk the

22-22  authority to designate an overpayment of salary to a current or

22-23  former state employee of not more than $50 as a bad debt. An

22-24  agency that is aggrieved by a denial of a request to designate such

22-25  an overpayment as a bad debt by the Clerk may appeal that denial

22-26  to the State Board of Examiners.

22-27     2.  Upon the designation of a debt as a bad debt pursuant to this

22-28  section, the State Board of Examiners or its Clerk shall immediately

22-29  notify the State Controller thereof. Upon receiving the notification,

22-30  the State Controller shall direct the removal of the debt from the

22-31  books of account of the State of Nevada. A bad debt that is removed

22-32  pursuant to this section remains a legal and binding obligation owed

22-33  by the debtor to the State of Nevada.

22-34     3.  If resources are available, the State Controller shall keep a

22-35  master file of all debts that are designated as bad debts pursuant to

22-36  this section. If such a file is established and maintained, for each

22-37  such debt, the State Controller shall record the name of the debtor,

22-38  the amount of the debt, the date on which the debt was incurred and

22-39  the date on which it was removed from the records and books of

22-40  account of the agency or the State of Nevada, and any other

22-41  information concerning the debt that the State Controller determines

22-42  is necessary.

22-43     Sec. 37.  NRS 532.070 is hereby amended to read as follows:

22-44     532.070  1.  The State Engineer shall keep his office at the

22-45  State Capital.

23-1      2.  The State Engineer shall keep his office open to the public

23-2  on the days and during the hours [provided in] established pursuant

23-3  to NRS 281.110.

23-4      Sec. 38.  NRS 607.040 is hereby amended to read as follows:

23-5      607.040  1.  The Labor Commissioner [shall] must be

23-6  provided with properly furnished offices at the capital in

23-7  Carson City, Nevada.

23-8      2.  The offices of the Labor Commissioner [shall] must be open

23-9  for business during the hours and on the days [as provided in]

23-10  established pursuant to NRS 281.110.

23-11     Sec. 39.  NRS 284.285 is hereby repealed.

23-12     Sec. 40.  A regulation adopted by the Department of Personnel

23-13  or the Director of the Department pursuant to chapter 284 of NRS

23-14  remains in effect as a regulation of the Personnel Commission until

23-15  amended or repealed by the Personnel Commission.

23-16     Sec. 41.  This act becomes effective on July 1, 2003.

 

23-17  TEXT OF REPEALED SECTION

 

23-18     284.285  Report of appointing authority. Each appointing

23-19   authority shall report to the Director forthwith in writing upon any

23-20   appointment or employment in the public service, which report

23-21   must contain:

23-22     1.  The name of the appointee or employee.

23-23     2.  The title and character of his office or employment.

23-24     3.  The date of commencement of service.

23-25     4.  The salary or compensation.

 

23-26  H