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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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 284.015 is hereby amended to read as follows:
2-14 284.015 As used in this chapter[:] , unless the context
2-15 otherwise requires:
2-16 1. “Commission” means the Personnel Commission.
2-17 2. “Department” means the Department of Personnel.
2-18 3. “Director” means the Director of the Department.
2-19 4. “Disability,” includes, but is not limited to, physical
2-20 disability, mental retardation and mental or emotional disorder.
2-21 5. “Essential functions” has the meaning ascribed to it in 29
2-22 C.F.R. § 1630.2.
2-23 6. “Public service” means positions providing service for any
2-24 office, department, board, commission, bureau, agency or institution
2-25 in the Executive Department of the State Government operating by
2-26 authority of the constitution or law, and supported in whole or in
2-27 part by any public money, whether the money is received from the
2-28 Government of the United States or any branch or agency thereof, or
2-29 from private or any other sources.
2-30 Sec. 3. NRS 284.065 is hereby amended to read as follows:
2-31 284.065 1. The Commission has only such powers and duties
2-32 as are authorized by law.
2-33 2. In addition to the powers and duties set forth elsewhere in
2-34 this chapter, the Commission shall:
2-35 (a) Advise the Director concerning the organization and
2-36 administration of the Department.
2-37 (b) Report to the Governor biennially on all matters which the
2-38 Commission may deem pertinent to the Department and concerning
2-39 any specific matters previously requested by the Governor.
2-40 (c) Advise and make recommendations to the Governor or the
2-41 Legislature relative to the personnel policy of the State.
2-42 (d) [Advise the Director with respect to the preparation and
2-43 adoption of] Adopt regulations to carry out the provisions of this
2-44 chapter.
3-1 (e) Foster the interest of institutions of learning and of civic,
3-2 professional and employee organizations in the improvement of
3-3 personnel standards in the state service.
3-4 (f) Review decisions of the Director in contested cases involving
3-5 the classification or allocation of particular positions.
3-6 (g) Exercise any other advisory powers necessary or reasonably
3-7 implied within the provisions and purposes of this chapter.
3-8 Sec. 4. NRS 284.105 is hereby amended to read as follows:
3-9 284.105 1. The Director shall direct and supervise all
3-10 administrative and technical activities of the Department.
3-11 2. In addition to the duties imposed upon him elsewhere in this
3-12 chapter, the Director shall:
3-13 (a) Apply and carry out the provisions of this chapter and the
3-14 regulations adopted [under] pursuant to it.
3-15 (b) Establish objectives for the Department in terms which are
3-16 specific, measurable and conducive to reliable evaluation, and
3-17 develop a plan for accomplishing those objectives.
3-18 (c) Establish a system of appropriate policies for each function
3-19 within the Department.
3-20 (d) Attend all meetings of the Commission.
3-21 (e) Advise the Commission with respect to the preparation and
3-22 adoption of regulations to carry out the provisions of this chapter.
3-23 (f) Report to the Governor and the Commission upon all matters
3-24 concerning the administration of his office[,] and request the advice
3-25 of the Commission on matters concerning the policies of the
3-26 Department , [;] but the Director is responsible for the conduct of
3-27 the Department and its administrative functions unless otherwise
3-28 provided by law.
3-29 [(f)] (g) Establish and maintain a roster of all employees in the
3-30 public service. The roster must set forth, as to each employee:
3-31 (1) The class title of the position held.
3-32 (2) The salary or pay.
3-33 (3) Any change in class title, pay or status.
3-34 (4) Other pertinent data.
3-35 [(g)] (h) In cooperation with appointing authorities and others,
3-36 foster and develop programs for improving the effectiveness and
3-37 morale of employees, including training and procedures for hearing
3-38 and adjusting grievances.
3-39 [(h)] (i) Encourage and exercise leadership in the development
3-40 of effective personnel administration within the several departments
3-41 in the public service, and make available the facilities and services
3-42 of the Department and its employees to this end.
3-43 [(i)] (j) Make to the Commission and to the Governor a biennial
3-44 report regarding the work of the Department and such special
3-45 reports as he may consider desirable.
4-1 [(j)] (k) Maintain a continuous program of recruiting for the
4-2 [public] classified service.
4-3 [(k)] (l) Perform any other lawful acts which he may consider
4-4 necessary or desirable to carry out the purposes and provisions of
4-5 this chapter.
4-6 Sec. 5. NRS 284.121 is hereby amended to read as follows:
4-7 284.121 Each appointing authority shall report to the Director
4-8 in writing, from time to time, [upon the date of the official action in,
4-9 or knowledge of, any] any appointment, transfer, separation,
4-10 suspension [or reinstatement of a person in the public service,] ,
4-11 reinstatement or any reduction or other change to a position in the
4-12 public service. The report must contain:
4-13 1. The name of the appointee or employee.
4-14 2. The title and status of his employment.
4-15 3. The date of commencement of the action.
4-16 4. The salary or compensation of the appointee or employee.
4-17 Sec. 6. NRS 284.135 is hereby amended to read as follows:
4-18 284.135 1. Subject to regulations [prescribed] adopted by the
4-19 [Director,] Commission, the services and facilities of the
4-20 Department and its employees are available upon request to political
4-21 subdivisions of the State.
4-22 2. In making the services and facilities of the Department and
4-23 its employees available, it must be understood that:
4-24 (a) Requirements for the enforcement and administration of the
4-25 provisions of this chapter must be given precedence; and
4-26 (b) The political subdivisions shall reimburse the Department
4-27 for the reasonable cost of those services and facilities.
4-28 Sec. 7. NRS 284.150 is hereby amended to read as follows:
4-29 284.150 1. The classified service of the State of Nevada is
4-30 comprised of all positions in the public service now existing or
4-31 hereafter created which are [not included in the unclassified service,
4-32 and which provide services for any office, department, board,
4-33 commission, bureau, agency or institution in the Executive
4-34 Department of the State Government operating by authority of the
4-35 Constitution or law and supported in whole or in part by any public
4-36 money, whether the money is received from the Government of the
4-37 United States or any branch or agency thereof, or from private or
4-38 any other sources.
4-39 2. Appointments] :
4-40 (a) Lawfully designated as being in the classified service [must
4-41 be made] ; and
4-42 (b) Filled according to merit and fitness from eligible lists
4-43 prepared upon the basis of examination, which must be open and
4-44 competitive, except as otherwise provided in this chapter and
4-45 NRS 209.161.
5-1 [3.] 2. Except as otherwise provided in NRS 193.105, 209.161
5-2 and 416.070, a person must not be appointed, transferred, promoted,
5-3 demoted or discharged [as an officer, clerk, employee or laborer] in
5-4 the classified service in any manner or by any means other than
5-5 those prescribed in this chapter and the regulations adopted in
5-6 accordance therewith.
5-7 [4.] 3. A person must not be discriminated against on account
5-8 of his religious opinions or affiliations, race, sex, age or disability.
5-9 Sec. 8. NRS 284.155 is hereby amended to read as follows:
5-10 284.155 1. The [Director] Commission shall adopt a code of
5-11 regulations for the classified service . [which must be approved by
5-12 the Commission.]
5-13 2. The code must include regulations concerning certifications
5-14 and appointments for:
5-15 (a) Positions in classes having a maximum salary of $12,500 or
5-16 less as of December 31, 1980, where the regular procedures for
5-17 examination and certification are impracticable; and
5-18 (b) Classes where applicants for promotion are not normally
5-19 available.
5-20 These regulations may be different from the regulations concerning
5-21 certifications and appointments for other positions in the classified
5-22 service.
5-23 Sec. 9. NRS 284.175 is hereby amended to read as follows:
5-24 284.175 1. After consultation with appointing authorities and
5-25 state fiscal officers, [and after a public hearing and approval by the
5-26 Commission,] the Director shall [prescribe regulations for] prepare
5-27 a pay plan for all employees in the classified service.
5-28 2. The pay plan and its amendments become effective only
5-29 after approval by [the Commission and] the Governor.
5-30 3. The [Director shall prepare a] pay plan [and] must include,
5-31 without limitation, ranges for each class, grade or group of positions
5-32 in the classified service. Each employee in the classified service
5-33 must be paid at one of the rates set forth in the pay plan for the class
5-34 of position in which he is employed and at such time as necessary
5-35 money is made available for the payment.
5-36 4. The [Director shall prescribe regulations that provide for
5-37 progression through the rate ranges based on merit and fitness alone.
5-38 The regulations become effective upon the approval of the
5-39 Commission.
5-40 5. In making] Commission shall adopt regulations to carry
5-41 out the pay plan.
5-42 5. The Director may make recommendations to the
5-43 Legislature during regular legislative sessions concerning salaries
5-44 for the classified service of the State . [,] In making such
5-45 recommendations, the Director shall consider factors such as:
6-1 (a) Surveys of salaries of comparable jobs in government and
6-2 private industry within the State of Nevada and western states,
6-3 where appropriate;
6-4 (b) Changes in the cost of living;
6-5 (c) The rate of turnover and difficulty of recruitment for
6-6 particular positions; and
6-7 (d) Maintaining an equitable relationship among classifications.
6-8 Sec. 10. NRS 284.180 is hereby amended to read as follows:
6-9 284.180 1. The Legislature declares that since uniform salary
6-10 and wage rates and classifications are necessary for an effective and
6-11 efficient personnel system, the pay plan must set the official rates
6-12 applicable to all positions in the classified service, but the
6-13 establishment of the pay plan in no way limits the authority of the
6-14 Legislature relative to budgeted appropriations for salary and wage
6-15 expenditures.
6-16 2. Credit for overtime work directed or approved by the head
6-17 of an agency or his representative must be earned at the rate of time
6-18 and one-half, except for those employees described in NRS 284.148.
6-19 3. Except as otherwise provided in subsections 4, 6, 7 and 9,
6-20 overtime is considered time worked in excess of:
6-21 (a) Eight hours in 1 calendar day;
6-22 (b) Eight hours in any 16-hour period; or
6-23 (c) A 40-hour week.
6-24 4. Firemen who choose and are approved for a 24-hour shift
6-25 shall be deemed to work an average of 56 hours per week and 2,912
6-26 hours per year, regardless of the actual number of hours worked or
6-27 on paid leave during any biweekly pay period. A fireman so
6-28 assigned is entitled to receive 1/26 of his annual salary for each
6-29 biweekly pay period. In addition, overtime must be considered time
6-30 worked in excess of:
6-31 (a) Twenty-four hours in one scheduled shift; or
6-32 (b) Fifty-three hours average per week during one work period
6-33 for those hours worked or on paid leave.
6-34 The appointing authority shall designate annually the length of the
6-35 work period to be used in determining the work schedules for such
6-36 firemen. In addition to the regular amount paid such a fireman for
6-37 the deemed average of 56 hours per week, he is entitled to payment
6-38 for the hours which comprise the difference between the 56-hour
6-39 average and the overtime threshold of 53 hours average at a rate
6-40 which will result in the equivalent of overtime payment for those
6-41 hours.
6-42 5. The [Director, with the approval of the Commission,]
6-43 Commission shall adopt regulations to carry out the provisions of
6-44 subsection 4.
7-1 6. For employees who choose and are approved for a variable
7-2 workday, overtime will be considered only after working 40 hours
7-3 in 1 week.
7-4 7. Employees who are eligible under the Fair Labor Standards
7-5 Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour
7-6 work schedule within a biweekly pay period and who choose and
7-7 are approved for such a work schedule will be considered eligible
7-8 for overtime only after working 80 hours biweekly, except those
7-9 eligible employees who are approved for overtime in excess of one
7-10 scheduled shift of 8 or more hours per day.
7-11 8. An agency may experiment with innovative workweeks
7-12 upon the approval of the head of the agency and after majority
7-13 consent of the affected employees. The affected employees are
7-14 eligible for overtime only after working 40 hours in a workweek.
7-15 9. This section does not supersede or conflict with existing
7-16 contracts of employment for employees hired to work 24 hours a
7-17 day in a home setting. Any future classification in which an
7-18 employee will be required to work 24 hours a day in a home setting
7-19 must be approved in advance by the Commission.
7-20 10. All overtime must be approved in advance by the
7-21 appointing authority or his designee. No officer or employee, other
7-22 than a director of a department or the chairman of a board,
7-23 commission or similar body, may authorize overtime for himself.
7-24 The chairman of a board, commission or similar body must approve
7-25 in advance all overtime worked by members of the board,
7-26 commission or similar body.
7-27 11. The Budget Division of the Department of Administration
7-28 shall review all overtime worked by employees of the Executive
7-29 Department to ensure that overtime is held to a minimum. The
7-30 Budget Division shall report quarterly to the State Board of
7-31 Examiners the amount of overtime worked in the quarter within the
7-32 various agencies of the State.
7-33 Sec. 11. NRS 284.205 is hereby amended to read as follows:
7-34 284.205 The [Director shall prescribe] Commission shall
7-35 adopt regulations for open competitive examinations to test the
7-36 relative fitness of applicants for the respective positions.
7-37 Sec. 12. NRS 284.210 is hereby amended to read as follows:
7-38 284.210 1. All competitive examinations for positions in the
7-39 classified service must:
7-40 (a) Relate to those matters which fairly test the capacity and
7-41 fitness of the persons examined to perform in an efficient manner
7-42 the duties of the class in which employment is sought.
7-43 (b) Be open to all applicants who meet the reasonable standards
7-44 or requirements fixed by the Director with regard to experience,
7-45 character, age, education, physical condition and any other factors
8-1 relating to the ability of the applicants to perform the duties of the
8-2 position with reasonable efficiency.
8-3 2. An examination may consist of:
8-4 (a) An evaluation of the applicant’s training and experience;
8-5 (b) A written examination;
8-6 (c) An oral examination;
8-7 (d) An evaluation of the applicant’s performance, such as the
8-8 ability to operate successfully certain equipment; or
8-9 (e) Any combination of paragraphs (a) to (d), inclusive.
8-10 3. An examination may be conducted by using a center for
8-11 assessment as defined by regulations adopted by the [Director.]
8-12 Commission. An employee of the department for which an
8-13 examination is being held may not serve on the panel or score the
8-14 examination.
8-15 4. An oral examination given pursuant to this section must be:
8-16 (a) Except as otherwise provided in subsection 5, conducted by
8-17 a panel of which no more than one-third of the members are
8-18 employed by the department in which a vacancy exists for the
8-19 position for which the examination is given.
8-20 (b) Recorded and maintained by the department for:
8-21 (1) Not less than 2 years after the date of the examination; or
8-22 (2) Until the final disposition of a charge of
8-23 discrimination,
8-24 whichever is longer, and must be available to an affected person
8-25 upon request.
8-26 5. Employees of the department in which a vacancy exists may
8-27 comprise more than one-third of the members of the panel if:
8-28 (a) A member who is not such an employee is unable to serve on
8-29 the panel because of illness or an emergency;
8-30 (b) The department has more than 1,000 employees; and
8-31 (c) The department has two or more divisions that administer
8-32 separate and diverse programs and the employees of the department
8-33 on the panel are not employed by the same division.
8-34 Sec. 13. NRS 284.240 is hereby amended to read as follows:
8-35 284.240 The Director may refuse to examine an applicant or,
8-36 after examination, may refuse to certify an eligible person who :
8-37 [comes under any of the following categories:]
8-38 1. Lacks any of the preliminary requirements established for
8-39 the examination for the position or employment for which he
8-40 applies.
8-41 2. [Is addicted to the use of habit-forming drugs.
8-42 3. Is an habitual user of intoxicating liquors to excess.
8-43 4.] Submitted to a screening test administered pursuant to NRS
8-44 284.4066, the results of which indicated the presence of a
9-1 controlled substance, and the person did not provide the proof
9-2 required by NRS 284.4066.
9-3 3. Has been guilty of any crime involving moral turpitude or of
9-4 infamous or notoriously disgraceful conduct.
9-5 [5.] 4. Has been dismissed from the public service for
9-6 delinquency or misconduct.
9-7 [6.] 5. Has made a false statement of any material fact.
9-8 [7.] 6. Has, directly or indirectly, given, rendered or paid, or
9-9 promised to give, render or pay, any money, service or other
9-10 valuable thing to any person for, or on account of[,] or in
9-11 connection with, his examination[,] appointment or proposed
9-12 appointment.
9-13 [8.] 7. Has practiced, or attempted to practice, any deception
9-14 or fraud in his application, in his certificate, in his examination, or in
9-15 securing his eligibility or appointment.
9-16 Sec. 14. NRS 284.250 is hereby amended to read as follows:
9-17 284.250 1. The [Director shall prescribe] Commission shall
9-18 adopt regulations for the establishment of eligible lists for
9-19 appointment and promotion which must contain the names of
9-20 successful applicants in the order of their relative excellence in the
9-21 respective examinations.
9-22 2. The term of eligibility of applicants on such lists is 1 year,
9-23 but the term may be extended by the Director to a maximum of
9-24 3 years.
9-25 Sec. 15. NRS 284.290 is hereby amended to read as follows:
9-26 284.290 1. All original competitive appointments to and
9-27 promotions within the classified service must be for a fixed
9-28 probationary period of 6 months, except that a longer period not
9-29 exceeding 1 year may be established for classes of positions in
9-30 which the nature of the work requires a longer period for proper
9-31 evaluation of performance.
9-32 2. Dismissals or demotions may be made at any time during the
9-33 probationary period in accordance with regulations [established]
9-34 adopted by the [Director.] Commission.
9-35 3. Before the end of the probationary period and in accordance
9-36 with regulations [established] adopted by the [Director,]
9-37 Commission, the appointing authority shall notify the Director in
9-38 writing whether or not the probationer is a satisfactory employee
9-39 and should receive the status of a permanent appointee.
9-40 Sec. 16. NRS 284.295 is hereby amended to read as follows:
9-41 284.295 1. Vacancies in positions must be filled, so far as
9-42 practicable, by promotion within a department or agency from
9-43 among persons holding positions in the classified service.
9-44 Promotions must be based upon merit and fitness, to be ascertained
9-45 in accordance with regulations [established] adopted by the
10-1 [Director.] Commission. In such regulations , the employee’s
10-2 efficiency, character, conduct and length of service must all
10-3 constitute factors. For the purposes of this subsection, a person
10-4 employed by the Legislative Branch of Government pursuant to
10-5 subsection 5 of NRS 284.3775 shall be deemed to hold the position
10-6 he held before the legislative session.
10-7 2. Eligibility for promotion must be determined on
10-8 recommendation of the appointing authority and certification by the
10-9 Director that the employee meets the minimum requirements and
10-10 demonstrates his qualifications in accordance with regulations
10-11 [established] adopted by the [Director.] Commission.
10-12 3. The Director may provide, in specific cases, for competitive
10-13 promotional examinations among employees of departments other
10-14 than that in which a particular vacancy in a higher classification may
10-15 exist.
10-16 4. An advancement in rank or grade or an increase in salary
10-17 beyond the maximum fixed for the class constitutes a promotion.
10-18 Sec. 17. NRS 284.305 is hereby amended to read as follows:
10-19 284.305 1. Except as otherwise provided in subsection 2,
10-20 positions in the classified service may be filled without competition
10-21 only as provided in NRS 284.155, 284.307, 284.309, 284.310,
10-22 284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and
10-23 284.3775.
10-24 2. The [Director] Commission may adopt regulations which
10-25 provide for filling positions in the classified service without
10-26 competition in cases involving:
10-27 (a) The demotion of a current employee;
10-28 (b) The reemployment of a current or former employee who was
10-29 or will be adversely affected by layoff, military service,
10-30 reclassification or a permanent partial disability arising out of and in
10-31 the course of his employment; or
10-32 (c) The reappointment of a current employee.
10-33 Sec. 18. NRS 284.317 is hereby amended to read as follows:
10-34 284.317 [In order to further the efforts of the State of Nevada
10-35 toward alleviating the problems of persons with disabilities, full]
10-36 Full consideration must be given to the employment of a person
10-37 with a disability for a position if he is capable of [meeting
10-38 the necessary performance requirements] performing the essential
10-39 functions of the position with or without reasonable
10-40 accommodations.
10-41 Sec. 19. NRS 284.325 is hereby amended to read as follows:
10-42 284.325 1. The [Director] Commission shall adopt
10-43 regulations not inconsistent with this section for the certification of
10-44 qualified persons for temporary service.
11-1 2. Except as otherwise provided in subsection 3, temporary
11-2 positions which occur, terminate or recur periodically must be filled
11-3 by certification in accordance with the regulations [established]
11-4 adopted by the [Director.] Commission.
11-5 3. An agency may appoint persons temporarily for less than
11-6 160 cumulative hours during any calendar year without regard to the
11-7 regulations adopted by the [Director] Commission pursuant to
11-8 subsection 1.
11-9 4. The limitation on hours set forth in subsection 3 does not
11-10 apply to temporary or part-time service by:
11-11 (a) A pupil attending his last 2 years of high school;
11-12 (b) A student employed by the college or university he attends;
11-13 (c) A person certified for temporary service in accordance with
11-14 NRS 284.327;
11-15 (d) An employee of an events center, museum or research center
11-16 of the University and Community College System of Nevada;
11-17 (e) A person employed by the University and Community
11-18 College System of Nevada in a temporary position which recurs
11-19 periodically for the registration of students; or
11-20 (f) A person employed by the University and Community
11-21 College System of Nevada to provide such assistance to a student
11-22 with a disability or to a student with an identified academic
11-23 disadvantage as it determines is necessary for the academic success
11-24 of the student, including, without limitation, a person employed as a
11-25 tutor, note taker, reader, sign interpreter or test proctor.
11-26 5. The acceptance or refusal by an eligible person of a
11-27 temporary appointment does not affect his standing on the register
11-28 for permanent employment, nor may the period of temporary service
11-29 be counted as part of the probationary period in case of subsequent
11-30 appointment to a permanent position.
11-31 6. Successive temporary appointments to the same position
11-32 must not be made under this section.
11-33 7. As used in this section, “student with an identified academic
11-34 disadvantage” includes, without limitation, a student who the
11-35 University and Community College System of Nevada has
11-36 determined requires the services of a tutor for success in a course of
11-37 study.
11-38 Sec. 20. NRS 284.327 is hereby amended to read as follows:
11-39 284.327 1. To assist persons with disabilities certified by the
11-40 Rehabilitation Division of the Department of Employment, Training
11-41 and Rehabilitation, appointing authorities are encouraged and
11-42 authorized to make temporary limited appointments of certified
11-43 persons with disabilities for a period not to exceed 700 hours
11-44 notwithstanding that the positions so filled are continuing positions.
11-45 A person with a disability who is certified by the Rehabilitation
12-1 Division must be placed on the appropriate list for which he is
12-2 eligible. Each such person must possess the training and experience
12-3 necessary for the position for which he is certified. The
12-4 Rehabilitation Division must be notified of an appointing authority’s
12-5 request for a list of eligibility on which the names of one or more
12-6 certified persons with disabilities appear. A temporary limited
12-7 appointment of a certified person with a disability pursuant to this
12-8 section constitutes the person’s examination as required by
12-9 NRS 284.215.
12-10 2. The [Director] Commission shall adopt regulations to carry
12-11 out the provisions of subsection 1.
12-12 3. This section does not deter or prevent appointing authorities
12-13 from employing:
12-14 (a) A person with a disability if he is available and eligible for
12-15 permanent employment.
12-16 (b) A person with a disability who is employed pursuant to the
12-17 provisions of subsection 1 in permanent employment if he qualifies
12-18 for permanent employment before the termination of his temporary
12-19 limited appointment.
12-20 4. If a person appointed pursuant to this section is subsequently
12-21 appointed to a permanent position during or after the 700-hour
12-22 period, the 700 hours or portion thereof counts toward the
12-23 employee’s probationary period.
12-24 Sec. 21. NRS 284.335 is hereby amended to read as follows:
12-25 284.335 1. The appointing authorities and other supervising
12-26 officers of the various state departments, agencies and institutions,
12-27 after consultation with the Director, shall establish standards of
12-28 work performance for each class of positions. Each appointing
12-29 authority shall provide each of its employees with a copy of the
12-30 standards for his position.
12-31 2. The Director shall[:
12-32 (a) Maintain] maintain service records of performance
12-33 efficiency, character and conduct by a system of service ratings
12-34 based upon those standards.
12-35 [(b) Establish]
12-36 3. The Commission shall adopt regulations with respect to
12-37 service ratings, and prescribe the extent to which service ratings
12-38 must be considered in determining the advisability of transfers, the
12-39 promotion of an employee to a higher class, the question of
12-40 demotion or dismissal of any employee, increases and decreases in
12-41 salary of an employee within the salary range established under this
12-42 chapter, and in all other decisions relating to the status of
12-43 employees.
12-44 [3. The Director]
13-1 4. The Commission may, by regulation, further prescribe the
13-2 extent to which the service ratings, and the reports upon which they
13-3 are based, are open to inspection.
13-4 Sec. 22. NRS 284.340 is hereby amended to read as follows:
13-5 284.340 Each appointing authority shall:
13-6 1. Report to the Director, in writing, the efficiency of his
13-7 subordinates and employees, and other information, in such manner
13-8 as the [Director] Commission may prescribe by regulation.
13-9 2. File reports with the Director on the performance, during the
13-10 probationary period, of each of his employees who holds a position
13-11 in the classified service. A report must be filed at the end of the 2nd
13-12 and 5th months of employment if the probationary period is 6
13-13 months, or at the end of the 3rd, 7th and 11th months of
13-14 employment if the probationary period is 12 months.
13-15 3. File a report annually with the Director on the performance
13-16 of each of his employees who holds a position in the classified
13-17 service and has attained permanent status. The report must be filed
13-18 at the end of the 12th month next following the attainment of
13-19 permanent status, and at the end of every 12th month thereafter. If
13-20 the report is not filed on or before the required date, the performance
13-21 of the employee shall be deemed to be standard.
13-22 4. If any report he files with the Director on the performance of
13-23 an employee who holds a position in the classified service includes a
13-24 rating of substandard, file with the Director an additional report on
13-25 the performance of the employee at least every 90 days until the
13-26 performance improves to standard or until any disciplinary action is
13-27 taken.
13-28 5. Provide the employee with a copy of each report filed.
13-29 Sec. 23. NRS 284.343 is hereby amended to read as follows:
13-30 284.343 1. [After] Except as otherwise provided in this
13-31 subsection, after consultation with appointing authorities, and in
13-32 cooperation with the State Board of Examiners, the [Director shall
13-33 prescribe] Commission shall adopt regulations for all training of
13-34 employees in the state service. Professional employees of the
13-35 teaching staff, Agricultural Extension Service and Nevada
13-36 Agricultural Experiment Station staffs of the University and
13-37 Community College System of Nevada, or any other state institution
13-38 of learning and student employees of such an institution are exempt
13-39 from the provisions of this section.
13-40 2. The regulations [so prescribed] adopted pursuant to
13-41 subsection 1 must set forth the conditions under which educational
13-42 leave stipends may be paid to any officer or employee of the State.
13-43 Except as otherwise provided in NRS 612.230 and with the
13-44 exception of intermittent course work not leading to the awarding of
13-45 a degree, no person may be granted educational leave stipends until
14-1 he has entered into a contract with his employing agency whereby
14-2 he agrees to pursue only those courses required for a degree related
14-3 to his employment with the State and to return to the employ of his
14-4 employing agency on the basis of 1 year for each 9 months of
14-5 educational leave taken or to refund the total amount of the stipends
14-6 regardless of the balance at the time of separation.
14-7 3. This section does not prevent the granting of sabbatical
14-8 leaves by the Board of Regents of the University of Nevada.
14-9 4. Where practicable , all training for state employees must be
14-10 presented through established educational institutions within the
14-11 State.
14-12 5. The Department shall coordinate all training activities
14-13 related to remedial programs and programs for career development
14-14 designed to correct educational and training deficiencies of state
14-15 employees and create employment opportunities for the
14-16 disadvantaged. In connection with these activities , the Department,
14-17 with the approval of the Governor, is designated to enter into
14-18 contractual arrangements with the Federal Government and others
14-19 that provide grants or other money for educational and training
14-20 activities.
14-21 Sec. 24. NRS 284.345 is hereby amended to read as follows:
14-22 284.345 1. Except as otherwise provided in subsection 2, the
14-23 [Director shall prescribe] Commission shall adopt regulations for
14-24 attendance and [leaves] leave with or without pay or reduced pay in
14-25 the various classes of positions in the public service.
14-26 2. The Board of Regents of the University of Nevada shall
14-27 [prescribe] adopt regulations for attendance and for leave with or
14-28 without pay or with reduced pay, sabbatical leave, sick leave,
14-29 emergency leave, annual leave, terminal leave, military leave and
14-30 such other leave as the Board of Regents determines to be necessary
14-31 or desirable for officers and members of the faculty of the
14-32 University and Community College System of Nevada. Sabbatical
14-33 leave with pay may not be granted to more than 2 percent of the
14-34 teaching personnel of a branch or facility of the System the rank of
14-35 instructor or higher in any 1 year. No sabbatical leave with pay may
14-36 be granted unless the person requesting the leave agrees in writing
14-37 with the branch or facility to return to the branch or facility after the
14-38 leave for a period not less than that required by his most recent
14-39 contract of employment if the University and Community College
14-40 System of Nevada desires his continued service.
14-41 Sec. 25. NRS 284.350 is hereby amended to read as follows:
14-42 284.350 1. Except as otherwise provided in subsections 2, 3
14-43 and 4, an employee in the public service, whether in the classified or
14-44 unclassified service, is entitled to annual leave with pay of 1 1/4
14-45 working days for each month of continuous public service. The
15-1 annual leave may be cumulative from year to year not to exceed 30
15-2 working days. The [Department] Commission may by regulation
15-3 provide for additional annual leave for long-term employees and for
15-4 prorated annual leave for part-time employees.
15-5 2. Except as otherwise provided in this subsection, any annual
15-6 leave in excess of 30 working days must be used before January 1 of
15-7 the year following the year in which the annual leave in excess of 30
15-8 working days is accumulated or the amount of annual leave in
15-9 excess of 30 working days is forfeited on that date. If an employee:
15-10 (a) On or before October 15, requests permission to take annual
15-11 leave; and
15-12 (b) His request for leave is denied in writing for any
15-13 reason,
15-14 he is entitled to payment for any annual leave in excess of 30
15-15 working days which he requested to take and which he would
15-16 otherwise forfeit as the result of the denial of his request, unless the
15-17 employee has final authority to approve use of his own accrued
15-18 leave and he received payment pursuant to this subsection for any
15-19 unused annual leave in excess of 30 working days accumulated
15-20 during the immediately preceding calendar year. The payment for
15-21 the employee’s unused annual leave must be made to him not later
15-22 than January 31.
15-23 3. Officers and members of the faculty of the University and
15-24 Community College System of Nevada are entitled to annual leave
15-25 as provided by the regulations [prescribed] adopted pursuant to
15-26 subsection 2 of NRS 284.345.
15-27 4. The [Director] Commission shall establish by regulation a
15-28 schedule for the accrual of annual leave for employees who
15-29 regularly work more than 40 hours per week or 80 hours biweekly.
15-30 The schedule must provide for the accrual of annual leave at the
15-31 same rate proportionately as employees who work a 40-hour week
15-32 accrue annual leave.
15-33 5. No elected state officer may be paid for accumulated annual
15-34 leave upon termination of his service.
15-35 6. During the first 6 months of employment of any employee in
15-36 the public service, annual leave accrues as provided in subsection 1,
15-37 but no annual leave may be taken during that period.
15-38 7. No employee in the public service may be paid for
15-39 accumulated annual leave upon termination of employment unless
15-40 he has been employed for 6 months or more.
15-41 8. Upon the request of an employee, the appointing authority
15-42 of the employee may approve the reduction or satisfaction of an
15-43 overpayment of the salary of the employee that was not obtained
15-44 by the fraud or willful misrepresentation of the employee with a
16-1 corresponding amount of the accrued annual leave of the
16-2 employee.
16-3 Sec. 26. NRS 284.355 is hereby amended to read as follows:
16-4 284.355 1. Except as otherwise provided in this section, all
16-5 employees in the public service, whether in the classified or
16-6 unclassified service, are entitled to sick and disability leave with pay
16-7 of 1 1/4 working days for each month of service, which may be
16-8 cumulative from year to year. After an employee has accumulated
16-9 90 working days of sick leave, the amount of additional unused sick
16-10 leave which he is entitled to carry forward from 1 year to the next is
16-11 limited to one-half of the unused sick leave accrued during that year,
16-12 but the [Department] Commission may by regulation provide for
16-13 subsequent use of unused sick leave accrued but not carried forward
16-14 because of this limitation in cases where the employee is suffering
16-15 from a long-term or chronic illness and has used all sick leave
16-16 otherwise available to him.
16-17 2. Upon the retirement of an employee, his termination through
16-18 no fault of his own or his death while in public employment, the
16-19 employee or his beneficiaries are entitled to payment:
16-20 (a) For his unused sick leave in excess of 30 days, exclusive of
16-21 any unused sick leave accrued but not carried forward, according to
16-22 his number of years of public service, except service with a political
16-23 subdivision of the State, as follows:
16-24 (1) For 10 years of service or more but less than 15 years,
16-25 not more than $2,500.
16-26 (2) For 15 years of service or more but less than 20 years, not
16-27 more than $4,000.
16-28 (3) For 20 years of service or more but less than 25 years, not
16-29 more than $6,000.
16-30 (4) For 25 years of service, not more than $8,000.
16-31 (b) For his unused sick leave accrued but not carried forward, an
16-32 amount equal to one-half of the sum of:
16-33 (1) His hours of unused sick leave accrued but not carried
16-34 forward; and
16-35 (2) An additional 120 hours.
16-36 3. The [Department] Commission may by regulation provide
16-37 for additional sick and disability leave for long-term employees and
16-38 for prorated sick and disability leave for part-time employees.
16-39 4. An employee entitled to payment for unused sick leave
16-40 pursuant to subsection 2 may elect to receive the payment in any
16-41 one or more of the following forms:
16-42 (a) A lump-sum payment.
16-43 (b) An advanced payment of the premiums or contributions for
16-44 insurance coverage for which he is otherwise eligible pursuant to
16-45 chapter 287 of NRS. If the insurance coverage is terminated and the
17-1 money advanced for premiums or contributions pursuant to this
17-2 subsection exceeds the amount which is payable for premiums or
17-3 contributions for the period for which the former employee was
17-4 actually covered, the unused portion of the advanced payment must
17-5 be paid promptly to the former employee or, if he is deceased, to his
17-6 beneficiary.
17-7 (c) The purchase of additional retirement credit, if he is
17-8 otherwise eligible pursuant to chapter 286 of NRS.
17-9 5. Officers and members of the faculty of the University and
17-10 Community College System of Nevada are entitled to sick and
17-11 disability leave as provided by the regulations adopted pursuant to
17-12 subsection 2 of NRS 284.345.
17-13 6. The [Department] Commission may by regulation provide
17-14 policies concerning employees with mental or emotional disorders
17-15 which:
17-16 (a) Use a liberal approach to the granting of sick leave or leave
17-17 without pay to such an employee if it is necessary for him to be
17-18 absent for treatment or temporary hospitalization.
17-19 (b) Provide for the retention of the job of such an employee for a
17-20 reasonable period of absence, and if an extended absence
17-21 necessitates separation or retirement, provide for the reemployment
17-22 of such an employee if at all possible after recovery.
17-23 (c) Protect employee benefits, including, without limitation,
17-24 retirement, life insurance and health benefits.
17-25 7. The [Director] Commission shall establish by regulation a
17-26 schedule for the accrual of sick leave for employees who regularly
17-27 work more than 40 hours per week or 80 hours biweekly. The
17-28 schedule must provide for the accrual of sick leave at the same rate
17-29 proportionately as employees who work a 40-hour week accrue sick
17-30 leave.
17-31 8. The Department may investigate any instance in which it
17-32 believes that an employee has taken sick or disability leave to which
17-33 he was not entitled. If, after notice to the employee and a hearing,
17-34 the Commission determines that he has taken sick or disability leave
17-35 to which he was not entitled, the Commission may order the
17-36 forfeiture of all or part of his accrued sick leave.
17-37 Sec. 27. NRS 284.359 is hereby amended to read as follows:
17-38 284.359 A permanent or probationary employee who performs
17-39 active military service under the provisions of any national military
17-40 service or training act, or who voluntarily serves in the Armed
17-41 Forces of the United States in time of war, or in such types of
17-42 service as the [Director] Commission by regulation may prescribe,
17-43 is, upon application, entitled to leave of absence without pay for the
17-44 period of such service plus a period not to exceed 90 days. If within
17-45 that period he applies for reinstatement, he must be reinstated to his
18-1 former class of position, or to a class of position having like
18-2 seniority, status and pay, or, if those positions have been abolished,
18-3 to the nearest approximation thereof consistent with the
18-4 circumstances.
18-5 Sec. 28. NRS 284.375 is hereby amended to read as follows:
18-6 284.375 In accordance with regulations established by the
18-7 [Director,] Commission, transfers in the classified service may be
18-8 made from [a position in one grade or class to a position in another
18-9 grade or class] one position to another position within the same
18-10 grade when the duties [and compensation] are similar and when
18-11 such action is specifically approved by the Director.
18-12 Sec. 29. NRS 284.379 is hereby amended to read as follows:
18-13 284.379 In the employment [and utilization] of a person with a
18-14 disability in the state service, continued efforts must be made to
18-15 retain the person by making reasonable accommodations that enable
18-16 him to [meet the necessary performance requirements] perform the
18-17 essential functions of the position and to enjoy the benefits and
18-18 privileges of his position. [Separation] An appointing authority
18-19 shall consider separation or disability retirement [is in order only
18-20 after it becomes apparent that a condition does not respond to
18-21 treatment.] if an employee can no longer perform the essential
18-22 functions of the position with or without reasonable
18-23 accommodations.
18-24 Sec. 30. NRS 284.384 is hereby amended to read as follows:
18-25 284.384 1. The [Director shall propose, and the] Commission
18-26 shall adopt[,] regulations which provide for the adjustment of
18-27 grievances for which a hearing is not provided by NRS 284.165,
18-28 284.245, 284.3629, 284.376 or 284.390. Any grievance for which a
18-29 hearing is not provided by NRS 284.165, 284.245, 284.3629,
18-30 284.376 or 284.390 is subject to adjustment pursuant to this section.
18-31 2. The regulations must provide procedures for:
18-32 (a) Consideration and adjustment of the grievance within the
18-33 agency in which it arose.
18-34 (b) Submission to the Employee-Management Committee for a
18-35 final decision if the employee is still dissatisfied with the resolution
18-36 of the dispute.
18-37 3. The regulations must include provisions for:
18-38 (a) Submitting each proposed resolution of a dispute which has a
18-39 fiscal effect to the Budget Division of the Department of
18-40 Administration for a determination by that Division whether the
18-41 resolution is feasible on the basis of its fiscal effects; and
18-42 (b) Making the resolution binding.
18-43 4. Any grievance which is subject to adjustment pursuant to
18-44 this section may be appealed to the Employee-Management
18-45 Committee for a final decision.
19-1 5. The employee may represent himself at any hearing
19-2 regarding a grievance which is subject to adjustment pursuant to this
19-3 section or be represented by an attorney or other person of the
19-4 employee’s own choosing.
19-5 6. As used in this section, “grievance” means an act, omission
19-6 or occurrence which an employee who has attained permanent status
19-7 feels constitutes an injustice relating to any condition arising out of
19-8 the relationship between an employer and an employee, including,
19-9 but not limited to, compensation, working hours, working
19-10 conditions, membership in an organization of employees or the
19-11 interpretation of any law, regulation or disagreement.
19-12 Sec. 31. NRS 284.4064 is hereby amended to read as follows:
19-13 284.4064 1. If an employee informs his appointing authority
19-14 that he has consumed any drug which could interfere with the safe
19-15 and efficient performance of his duties, the appointing authority
19-16 may require the employee to obtain clearance from his physician
19-17 before he continues to work.
19-18 2. If an appointing authority reasonably believes, based upon
19-19 objective facts, that an employee’s ability to perform his duties
19-20 safely and efficiently:
19-21 (a) May be impaired by the consumption of alcohol or other
19-22 drugs, it may ask the employee whether he has consumed any
19-23 alcohol or other drugs and, if so:
19-24 (1) The amount and types of alcohol or other drugs
19-25 consumed and the time of consumption; and
19-26 (2) If a controlled substance was consumed, the name of the
19-27 person who prescribed its use.
19-28 (b) Is impaired by the consumption of alcohol or other drugs, it
19-29 shall prevent the employee from continuing work and transport him
19-30 or cause him to be transported safely away from his place of
19-31 employment in accordance with regulations adopted by the
19-32 [Director.] Commission.
19-33 Sec. 32. NRS 284.4065 is hereby amended to read as follows:
19-34 284.4065 1. Except as otherwise provided in subsection 2, an
19-35 appointing authority may request an employee to submit to a
19-36 screening test only if the appointing authority:
19-37 (a) Reasonably believes, based upon objective facts, that the
19-38 employee is under the influence of alcohol or drugs which are
19-39 impairing his ability to perform his duties safely and efficiently;
19-40 (b) Informs the employee of the specific facts supporting its
19-41 belief pursuant to paragraph (a), and prepares a written record of
19-42 those facts; and
19-43 (c) Informs the employee in writing:
19-44 (1) Of whether the test will be for alcohol or drugs, or both;
20-1 (2) That the results of the test are not admissible in any
20-2 criminal proceeding against him; and
20-3 (3) That he may refuse the test, but that his refusal may result
20-4 in his dismissal or in other disciplinary action being taken against
20-5 him.
20-6 2. An appointing authority may request an employee to submit
20-7 to a screening test if the employee:
20-8 (a) Is a law enforcement officer and, during the performance of
20-9 his duties, he discharges a firearm, other than by accident; or
20-10 (b) During the performance of his duties, drives a motor vehicle
20-11 in such a manner as to cause bodily injury to himself or another
20-12 person or substantial damage to property.
20-13 For the purposes of this subsection, the [Director] Commission
20-14 shall, by regulation, define the term “substantial damage to
20-15 property.”
20-16 3. An appointing authority may place an employee who
20-17 submits to a screening test on administrative leave with pay until the
20-18 appointing authority receives the results of the test.
20-19 4. An appointing authority shall:
20-20 (a) Within a reasonable time after an employee submits to a
20-21 screening test to detect the general presence of a controlled
20-22 substance or any other drug, allow the employee to obtain at his
20-23 expense an independent test of his urine or blood from a laboratory
20-24 of his choice which is certified by the Department of Health and
20-25 Human Services.
20-26 (b) Within a reasonable time after an employee submits to a
20-27 screening test to detect the general presence of alcohol, allow the
20-28 employee to obtain at his expense an independent test of his blood
20-29 from a laboratory of his choice.
20-30 (c) Provide the employee with the written results of his
20-31 screening test within 3 working days after it receives those results.
20-32 5. An employee is not subject to disciplinary action for testing
20-33 positive in a screening test or refusing to submit to a screening test if
20-34 the appointing authority fails to comply with the provisions of this
20-35 section.
20-36 6. An appointing authority shall not use a screening test to
20-37 harass an employee.
20-38 Sec. 33. NRS 284.4066 is hereby amended to read as follows:
20-39 284.4066 1. Each appointing authority shall, subject to the
20-40 approval of the Commission, determine whether each of its
20-41 positions of employment [affect] affects the public safety. The
20-42 appointing authority shall not hire an applicant for such a position
20-43 unless he submits to a screening test to detect the general presence
20-44 of a controlled substance . [or any other drug.] Notice of the
21-1 provisions of this section must be given to each applicant for such a
21-2 position at or before the time of application.
21-3 2. An appointing authority may consider the results of a
21-4 screening test in determining whether to employ an applicant. If
21-5 those results indicate the presence of a controlled substance,the
21-6 appointing authority shall not hire the applicant unless he provides ,
21-7 within 72 hours after being requested by the appointing authority,
21-8 proof that he had taken the controlled substance as directed pursuant
21-9 to a current and lawful prescription issued in his name.
21-10 3. An appointing authority shall, at the request of an applicant,
21-11 provide him with the results of his screening test.
21-12 Sec. 34. NRS 284.407 is hereby amended to read as follows:
21-13 284.407 The [Director] Commission shall adopt such
21-14 regulations as are necessary to carry out the purposes of NRS
21-15 284.406 to 284.4069, inclusive.
21-16 Sec. 35. NRS 227.150 is hereby amended to read as follows:
21-17 227.150 1. The State Controller shall:
21-18 (a) Open and keep an account with each county, charging the
21-19 counties with the revenue collected, as shown by the auditor’s
21-20 statements, and also with their proportions of the salaries of the
21-21 district judges, and crediting them with the amounts paid to the State
21-22 Treasurer.
21-23 (b) Keep and state all accounts between the State of Nevada and
21-24 the United States, or any state or territory, or any person or public
21-25 officer of this state, indebted to the State or entrusted with the
21-26 collection, disbursement or management of any money, funds or
21-27 interests arising therefrom, belonging to the State, of every character
21-28 and description, if the accounts are derivable from or payable into
21-29 the State Treasury.
21-30 (c) Settle the accounts of all county treasurers, and other
21-31 collectors and receivers of all state revenues, taxes, tolls and
21-32 incomes, levied or collected by any act of the Legislature and
21-33 payable into the State Treasury.
21-34 (d) Keep fair, clear, distinct and separate accounts of all the
21-35 revenues and incomes of the State, and [also] of all the expenditures,
21-36 disbursements and investments thereof, showing the particulars of
21-37 every expenditure, disbursement and investment.
21-38 2. The State Controller may:
21-39 (a) Direct the collection of all accounts or money due the State,
21-40 except as otherwise provided in chapter 353C of NRS, and if there is
21-41 no time fixed or stipulated by law for the payment of any such
21-42 accounts or money, they are payable at the time set by the State
21-43 Controller.
21-44 (b) Upon approval of the Attorney General, direct the
21-45 cancellation of any accounts or money due the State.
22-1 (c) Except as otherwise provided in subsection 3, withhold from
22-2 the compensation of an employee of the State any amount due the
22-3 State for the overpayment of the salary of the employee[.] that has
22-4 not been satisfied pursuant to subsection 8 of NRS 284.350 or in
22-5 any other manner.
22-6 3. Before any amounts may be withheld from the compensation
22-7 of an employee pursuant to paragraph (c) of subsection 2, the State
22-8 Controller shall:
22-9 (a) Give written notice to the employee of the State Controller’s
22-10 intent to withhold such amounts from the compensation of the
22-11 employee; and
22-12 (b) If requested by the employee within 10 working days
22-13 after receipt of the notice, conduct a hearing and allow the employee
22-14 the opportunity to contest the State Controller’s determination
22-15 to withhold such amounts from the compensation of the
22-16 employee.
22-17 If the overpayment was not obtained by the employee’s fraud or
22-18 willful misrepresentation, any withholding from the compensation
22-19 of the employee must be made in a reasonable manner so as not to
22-20 create an undue hardship to the employee.
22-21 4. The State Controller may adopt such regulations as are
22-22 necessary to carry out the provisions of this section.
22-23 Sec. 36. NRS 321.030 is hereby amended to read as follows:
22-24 321.030 The State Land Registrar shall keep his office at the
22-25 seat of government, which office [shall] must be open for the
22-26 transaction of business [during] on the days and during the hours
22-27 [specified in] established pursuant to NRS 281.110.
22-28 Sec. 37. NRS 353C.220 is hereby amended to read as follows:
22-29 353C.220 1. If an agency determines that it is impossible or
22-30 impractical to collect a debt, the agency may request the State Board
22-31 of Examiners to designate the debt as a bad debt. The State Board of
22-32 Examiners, by an affirmative vote of the majority of the members of
22-33 the Board, may designate the debt as a bad debt if the Board is
22-34 satisfied that the collection of the debt is impossible or impractical.
22-35 The State Board of Examiners may delegate to its Clerk the
22-36 authority to designate an overpayment of salary to a current or
22-37 former state employee of not more than $50 as a bad debt. An
22-38 agency that is aggrieved by a denial of a request to designate such
22-39 an overpayment as a bad debt by the Clerk may appeal that denial
22-40 to the State Board of Examiners.
22-41 2. Upon the designation of a debt as a bad debt pursuant to this
22-42 section, the State Board of Examiners or its Clerk shall immediately
22-43 notify the State Controller thereof. Upon receiving the notification,
22-44 the State Controller shall direct the removal of the debt from the
22-45 books of account of the State of Nevada. A bad debt that is removed
23-1 pursuant to this section remains a legal and binding obligation owed
23-2 by the debtor to the State of Nevada.
23-3 3. If resources are available, the State Controller shall keep a
23-4 master file of all debts that are designated as bad debts pursuant to
23-5 this section. If such a file is established and maintained, for each
23-6 such debt, the State Controller shall record the name of the debtor,
23-7 the amount of the debt, the date on which the debt was incurred and
23-8 the date on which it was removed from the records and books of
23-9 account of the agency or the State of Nevada, and any other
23-10 information concerning the debt that the State Controller determines
23-11 is necessary.
23-12 Sec. 38. NRS 532.070 is hereby amended to read as follows:
23-13 532.070 1. The State Engineer shall keep his office at the
23-14 State Capital.
23-15 2. The State Engineer shall keep his office open to the public
23-16 on the days and during the hours [provided in] established pursuant
23-17 to NRS 281.110.
23-18 Sec. 39. NRS 607.040 is hereby amended to read as follows:
23-19 607.040 1. The Labor Commissioner [shall] must be
23-20 provided with properly furnished offices at the capital in
23-21 Carson City, Nevada.
23-22 2. The offices of the Labor Commissioner [shall] must be open
23-23 for business during the hours and on the days [as provided in]
23-24 established pursuant to NRS 281.110.
23-25 Sec. 40. NRS 284.285 is hereby repealed.
23-26 Sec. 41. A regulation adopted by the Department of Personnel
23-27 or the Director of the Department pursuant to chapter 284 of NRS
23-28 remains in effect as a regulation of the Personnel Commission until
23-29 amended or repealed by the Personnel Commission.
23-30 Sec. 42. This act becomes effective on July 1, 2003.
23-31 TEXT OF REPEALED SECTION
23-32 284.285 Report of appointing authority. Each appointing
23-33 authority shall report to the Director forthwith in writing upon any
23-34 appointment or employment in the public service, which report must
23-35 contain:
23-36 1. The name of the appointee or employee.
23-37 2. The title and character of his office or employment.
23-38 3. The date of commencement of service.
23-39 4. The salary or compensation.
23-40 H