Assembly Bill No. 295

Assembly Bill No. 295-Committee on Government Affairs

(On Behalf of the Department of Personnel)

March 20, 1997
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Referred to Committee on Government Affairs

SUMMARY--Revises provisions governing composition of classified service and unclassified service of state government. (BDR 23-453)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to state employees; revising the provisions governing the composition of the classified service and the unclassified service of the state; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 NRS 284.140 is hereby amended to read as follows:
284.140 The unclassified service of the state consists of [positions held by] the following state officers or employees in the executive department of the state government [as follows:
1. Persons chosen by election or appointment to fill an elective office.
2.] who receive an annual salary for their service:
1. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
[3. At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in each department, agency or institution.
4.] 2. All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
[5.] 3. All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general or the state public defender.
[6.] 4. Except as otherwise provided by the board of regents of the University of Nevada pursuant to NRS 396.251, officers and members of the teaching staff and the staffs of the agricultural extension department and agricultural experiment station of the University and Community College System of Nevada, or any other state institution of learning, and student employees of these institutions. Custodial, clerical or maintenance employees of these institutions are in the classified service. The board of regents of the University of Nevada shall assist the director in carrying out the provisions of this chapter applicable to the University and Community College System of Nevada.
[7. Officers and members of the Nevada National Guard.
8. Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or another competent authority.
9. Patient and inmate help in state charitable, penal, mental and correctional institutions.
10. Part-time professional personnel who are paid for any form of medical, nursing or other professional service and who are not engaged in the performance of administrative or substantially recurring duties.
11.] 5. All other officers and employees authorized by law to be employed in the unclassified service.
Sec. 2. NRS 284.150 is hereby amended to read as follows:
284.150 1. [The] Except as otherwise provided in this chapter, the classified service of the State of Nevada is comprised of all positions in the public service now existing or hereafter created which are [not] :
(a) Not included in the unclassified service [, and which provide services for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
2. Appointments in the classified service must be made] ;
(b) Designated as classified by the legislature or any other body authorized by law to make such a designation; and
(c) Filled according to merit and fitness from eligible lists prepared upon the basis of examination, which must be open and competitive . [, except as otherwise provided in this chapter.
3.] 2. Except as otherwise provided in NRS 193.105 and 416.070, a person must not be appointed, transferred, promoted, demoted or discharged as an [officer, clerk, employee or laborer] employee in the classified service in any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith.
[4.] 3. A person must not be discriminated against on account of his religious opinions or affiliations, race, sex, age or disability.
Sec. 3. NRS 225.170 is hereby amended to read as follows:
225.170 1. There is hereby created within the office of the secretary of state a securities division. The secretary of state shall appoint a deputy as administrator of the division. The position of the deputy is in the unclassified [and is in addition to the two unclassified positions in the office of the secretary of state authorized by subsection 3 of NRS 284.140.] service of the state.
2. The secretary of state may, alternatively:
(a) Use the services of an assigned deputy attorney general as legal counsel for the division.
(b) Appoint an attorney as legal counsel for the division. If appointed, he is in the unclassified service of the state.
(c) Contract for services to be rendered by such other legal counsel as are needed for assistance in administering chapter 90 of NRS.
3. Each of the legal counsel must be an attorney admitted to practice law in Nevada.
Sec. 4. NRS 232.080 is hereby amended to read as follows:
232.080 The attorney general is the counsel and attorney for the department. The attorney general shall designate one of his deputies to be counsel and attorney for the department in all actions, proceedings and hearings. The deputy so designated:
1. Is the legal adviser of the department in all matters relating to the department and to the powers and duties of its officers.
2. Shall maintain his office in Carson City, Nevada, in an office provided by the department.
3. Is in the unclassified service of the state . [pursuant to subsection 5 of NRS 284.140.]
Sec. 5. This act becomes effective upon passage and approval.