Assembly Bill No. 310-Committee on Government Affairs
March 26, 1997
____________
Referred to Committee on Government Affairs
SUMMARY--Authorizes collective bargaining for certain employees in classified service of state. (BDR 23-949)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to state employees; authorizing collective bargaining for certain classified employees of the State of Nevada; creating a board for labor relations for state employees; requiring legislative approval of collective bargaining agreements; authorizing the superintendent of the state printing and micrographics division of the department of administration to enter into labor agreements with certain employees of the division; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 34, inclusive, of this act.
Sec. 2 As used in sections 2 to 34, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 "Board" means the board for labor relations for state employees.
Sec. 4 "Collective bargaining" means determining conditions of employment by negotiation between representatives of the State of Nevada and employee organizations.
Sec. 5 "Confidential employee" means an employee who assists in the formulation, determination and effectuation of personnel policies or managerial policies concerning collective bargaining, or an employee who provides administrative support to such an employee.
Sec. 6 1. "Employee" means a person employed in the classified service of this state, and, except as otherwise provided in subsection 2, includes persons employed by the State of Nevada, its boards, commissions, agencies and departments, the public employees' retirement system, the University and Community College System of Nevada, and any other employer that receives money from the State of Nevada over which the National Labor Relations Board has refused to assert jurisdiction because the employer is one that lacks the ultimate authority to determine the primary terms and conditions of employment.
2. "Employee" does not include:
(a) An employee whose position is classified at grade 42 or higher under a pay plan in existence on January 1, 1997, or its equivalent under any subsequently adopted plan;
(b) Any compositor, machine operator, pressman or assistant employed pursuant to NRS 344.080 by the superintendent of the state printing and micrographics division of the department of administration;
(c) A confidential employee;
(d) An employee who normally works 20 hours or less per week, unless the employee is hired to avoid the provisions of sections 2 to 34, inclusive, of this act; and
(e) A temporary public employee employed for a fixed period of 4 months or less.
Sec. 7 "Employee organization" means an organization that exists for the purpose of dealing with the state concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment.
Sec. 8 "Exclusive representative" means an employee organization which, as a result of designation by the board, has the exclusive right to represent all employees in a bargaining unit as their agent for collective bargaining.
Sec. 9 "Mediation" means assistance by an impartial third party to reconcile differences between the state and an exclusive representative through interpretation, suggestion and advice.
Sec. 10 1. The board for labor relations for state employees is hereby created, consisting of:
(a) One member appointed by the governor;
(b) One member appointed by the president pro tempore of the senate; and
(c) One member appointed by the speaker of the assembly.
2. The members of the board must be broadly representative of the public and must not be closely allied with any employee organization or the state. The term of office of each member is 4 years.
Sec. 11 1. The members of the board shall annually elect one of their number as chairman and one as vice chairman. Any two members of the board constitute a quorum.
2. The board may, within the limits of legislative appropriations:
(a) Appoint an executive secretary, who is in the classified service of the state; and
(b) Employ such clerical personnel as may be necessary, who are in the classified service of this state.
Sec. 12 1. Each member of the board is entitled to receive a salary of not more than $80, as fixed by the board, for each day in which he is engaged in the business of the board.
2. While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 13 1. The board shall make rules governing:
(a) Hearings and proceedings before it;
(b) Procedures for mediation;
(c) Procedures for arbitration;
(d) The recognition of employee organizations; and
(e) The determination of bargaining units.
2. The board may hear and determine any complaint:
(a) Arising out of the interpretation or performance of an agreement entered into pursuant to sections 2 to 34, inclusive, of this act;
(b) Concerning a practice prohibited by section 30 of this act; or
(c) Concerning the classification of an employee in an appropriate bargaining unit as set forth in section 17 of this act.
Sec. 14 1. To hear and decide an appeal or a complaint, the board may administer oaths, take testimony thereunder and issue subpoenas requiring the attendance of witnesses before it, together with all books, memoranda, papers and other documents relative to the matter under investigation.
2. Upon petition by the board, the district court in the county in which a hearing is conducted by the board may enter an order directing the attendance of any witness who fails to obey a subpoena issued by the board to testify or to produce books or papers before the board. Failure to obey an order of the court issued pursuant to this subsection constitutes contempt of court.
Sec. 15 1. For the purposes of collective bargaining and other mutual aid or protection, employees have the right to:
(a) Organize, form, join and assist employee organizations, engage in collective bargaining through representatives of their own choosing and engage in other concerted activities; and
(b) Refrain from engaging in any such activity.
2. The right to bargain collectively entails a mutual obligation of the state and the representative of the employees to meet at reasonable times and to bargain in good faith with respect to:
(a) Wages, hours, and other terms and conditions of employment;
(b) The negotiation of an agreement;
(c) The resolution of any question arising under a negotiated agreement; and
(d) The execution of a written contract incorporating any agreement reached, if requested by either party,
except that this obligation does not compel either party to agree to a proposal or to make a concession.
Sec. 16 1. The subjects that are not within the scope of mandatory collective bargaining and that are reserved to the state without negotiation include the right to:
(a) Hire, direct or assign an employee, but exclude the right to reassign an employee as a form of discipline;
(b) Determine the minimum qualifications for a job or position and the nature and content of any examination offered to applicants for that job or position;
(c) Determine the content of the workday, including the amount of work which must be performed, except for considerations of safety; and
(d) Take whatever action may be necessary to carry out the state's responsibilities in a situation of emergency, including, but not limited to, a riot, military action, natural disaster or civil disorder.
2. The state and an exclusive representative may negotiate concerning:
(a) Procedures that the state will observe in exercising authority pursuant to this section; and
(b) The effect of the exercise of any authority under this section by the state.
Sec. 17 1. The board shall establish bargaining units on a statewide basis, with one unit for each of the following occupational groups, including in each case all supervisors at the working level of the occupational group:
(a) Labor, maintenance, custodial and institutional employees, including employees of penal and correctional institutions who are not responsible for security at those institutions;
(b) Technical aides to professional employees, including computer programmers, tax examiners, conservation employees and crew supervisors;
(c) Professional employees, including physical therapists and other employees in medical and other professions related to health;
(d) Administrative and clerical employees, including paralegals and employees whose work involves general office work, or keeping or examining records and accounts;
(e) Employees who provide health care and personal care, including employees who care for children;
(f) Adult and youth correctional employees, including classification case workers, group supervisors in correctional institutions and forensic specialists;
(g) All other employees who have the powers of a peace officer and whose work includes investigation, the enforcement of statutes, ordinances and regulations, or the preservation of public order, including certain members of the taxicab authority and the public service commission of Nevada but excluding officers of the Nevada highway patrol;
(h) Officers of the Nevada highway patrol who hold the rank of sergeant or lower; and
(i) Supervisory employees not otherwise included in other units.
2. This section does not prohibit the board from including within an occupational group employees other than those specified for that group.
3. The board shall hold hearings to determine the exact classifications within each unit. Once established, the units may not be arbitrarily changed. The board may assign new classifications to the units based upon their similarity to other classifications.
4. As used in this section:
(a) "Professional employee" means any employee engaged in work that:
(1) Is predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;
(2) Involves the consistent exercise of discretion and judgment in its performance;
(3) Is of such a character that the result accomplished or produced cannot be standardized in relation to a given period; and
(4) Requires advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from general academic education, an apprenticeship or training in the performance of routine mental or physical processes.
(b) "Supervisory employee" means an employee who has authority in the interest of the state to:
(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct such employees; or
(2) Adjust the grievances of such employees or effectively recommend such an action, if the exercise of that authority requires the use of independent judgment and is not of a routine or clerical nature.
Sec. 18 1. If an employee organization presents a verified list of its membership to the board showing that the employee organization represents more than 50 percent of the employees, the board shall designate the employee organization as the exclusive representative of the employees.
2. If no employee organization has been designated pursuant to subsection 1, any employee organization that represents 30 percent or more of the employees may call for an election to select an employee organization to act as the exclusive representative of the employees. If such an election is called, any employee organization that represents 15 percent or more of the employees may be placed on the ballot in the election. A choice for "no representation" must appear on the ballots for the election. If more than two choices appear on the ballot and none receives a majority of the votes cast in the election, a runoff election must be held between the two choices that received the most votes in the initial election.
3. If an employee organization receives a majority of the votes cast in the initial or runoff election, the board shall designate the employee organization as the exclusive representative of the employees.
4. The board shall preside over all elections and determine the eligibility of an employee to vote in an election.
Sec. 19 After the election of an exclusive representative pursuant to section 18 of this act, any group that represents 30 percent or more of the employees may call for an election to change or discontinue representation. A petition for such an election must be filed not more than 90 days nor less than 60 days before the date on which the contract between the employee organization or exclusive representative and the state expires. The group may propose either to change the designated exclusive representative or to discontinue representation. The election must be held in accordance with section 18 of this act.
Sec. 20 1. Except as otherwise provided in section 19 of this act, an election must not be conducted pursuant to section 18 of this act within any bargaining unit in which an election was held during the preceding 12 months.
2. Any party to an election may file with the board a written objection to the results of the election. The objection must be filed not later than 10 days after the date on which the notice of the results of the election is given. If the board finds that misconduct or other circumstances prevented an employee who was eligible to vote from freely expressing his preference, the board may invalidate the election and order a new election.
Sec. 21 1. An employee organization designated as the exclusive representative by the board shall:
(a) Act as the agent and exclusive representative of all employees in each bargaining unit that the employee organization represents and shall negotiate with the state concerning wages, benefits or working conditions, or any combination thereof, for those employees.
(b) Negotiate in good faith with the state at reasonable times, including meeting reasonably in advance of the state's budget-making process, to reach an agreement concerning wages, benefits except those benefits related to the public employees' retirement system, and working conditions for each appropriate bargaining unit among its employees.
2. An employee has the right to present grievances to the state at any time and to have those grievances adjusted without the intervention of the exclusive representative, if the adjustment is not inconsistent with the terms and conditions of the collective bargaining agreement then in effect. The exclusive representative must be given the opportunity to be present at such an adjustment.
3. The state, through the governor or a person designated by the governor, shall negotiate in good faith with the exclusive representative concerning wages, benefits and working conditions for each appropriate bargaining unit that the exclusive representative represents.
4. The governor shall sign and enforce any collective bargaining agreement made with the exclusive representative. Such an agreement must:
(a) Be in writing;
(b) Contain a procedure to resolve grievances that applies to all employees in the bargaining unit and culminates in final and binding arbitration; and
(c) Contain a provision authorizing the state to deduct from the employee's pay, upon written authorization by the employee, the appropriate dues required by the exclusive representative.
5. A collective bargaining agreement is valid for 2 years, from July 1 of an odd-numbered year to June 30 of the next odd-numbered year, except that the terms of the agreement remain in effect until a new collective bargaining agreement has been signed by the governor in accordance with this section.
Sec. 22 Notwithstanding the provisions of any specific statute to the contrary, an employee organization designated as the exclusive representative by the board is the only employee organization to which dues may be paid pursuant to NRS 281.129 by the employees in the bargaining unit represented by the employee organization through voluntary deductions from their salaries and wages.
Sec. 23 An exclusive representative may engage in supplementary bargaining on behalf of employees whom it represents for the terms and conditions that are peculiar to those employees. Such bargaining may pertain to the terms and conditions of employment of employees in a single bargaining unit or in a coordinated or consolidated bargaining unit of two or more bargaining units concerning matters that uniquely affect those employees.
Sec. 24 1. If an exclusive representative desires to negotiate any matter that is subject to negotiation pursuant to sections 2 to 34, inclusive, of this act, the exclusive representative shall give written notice of that desire to the state not later than June 15 of an even-numbered year.
2. Following the notification, the parties shall promptly commence negotiations, not later than July 15 in the year the notice was filed.
3. If no agreement is reached by the parties on or before October 15 of that year, the board shall appoint a mediator.
4. The mediator shall bring the parties together as soon as possible and, unless otherwise determined by the mediator, attempt to settle the dispute not later than October 31 of that year.
5. The state and the exclusive representative each shall pay one-half of the cost of mediation. Each party shall pay its own costs of preparation and presentation of its case in mediation.
6. The times prescribed in this section may be extended by mutual agreement of the parties.
Sec. 25 1. If the mediator determines that his services are no longer helpful or if no agreement is reached on or before October 31 of the year in which the notice to negotiate was filed, the parties shall attempt to agree upon an impartial arbitrator. If the parties are unable to agree upon an impartial arbitrator within 5 days, the parties shall request from the American Arbitration Association a list of seven potential arbitrators. The parties shall select their arbitrator from this list by alternately striking one name until the name of only one arbitrator remains, who shall hear the dispute in question. The exclusive representative shall strike the first name.
2. For each separate issue, the arbitrator shall incorporate either the final offer of the state or the final offer of the exclusive representative into the final collective bargaining agreement. The arbitrator shall not amend the offer of either party on any issue.
3. The arbitrator shall begin his hearings not later than December 10 of that year in accordance with procedures prescribed by the board. The arbitrator shall render a decision in writing not later than the fifth business day in January of the following year.
4. During the arbitration proceedings, the parties retain their respective duties to negotiate in good faith.
5. The times prescribed in this section may be extended by mutual agreement of the parties.
Sec. 26 1. An arbitrator shall make his determination as follows:
(a) The arbitrator shall use normal criteria concerning the terms and provisions to be included in an agreement to assess the reasonableness of the position of each party as to each issue in dispute.
(b) In making his assessment, the arbitrator shall use:
(1) A comparison of the wages, hours and conditions of employment of the employees with those of other employees performing similar services and with other employees generally:
(I) In public employment in comparable communities; and
(II) In private employment in comparable communities;
(2) The average consumer prices for goods and services; and
(3) Such other factors as are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, mediation, arbitration or other methods in public or private employment.
2. The decision of the arbitrator, if supported by competent, material and substantial evidence on the whole record and based upon the factors set forth in subsection 1, is final and binding upon the parties if ratified by the legislature pursuant to section 28 of this act.
3. The state and the employee organization each shall pay one-half of the cost of arbitration. Each party shall pay its own cost of preparation and presentation to the arbitrator.
Sec. 27 1. To investigate a dispute, the arbitrator may administer oaths, take testimony thereunder and issue subpoenas requiring the attendance of witnesses before him, together with all books, memoranda, papers and other documents relative to the matter under investigation.
2. The district court for the county in which an investigation is being conducted by an arbitrator may compel the attendance of witnesses, the giving of testimony and the production of the documents as required by a subpoena issued by the arbitrator.
3. If a person who has been subpoenaed refuses to attend and testify or to produce any documents, the arbitrator may report by petition to the district court for the county in which the investigation is being conducted. The petition must set forth:
(a) That notice has been given of the time and place of attendance of the witness or the production of the documents;
(b) That the witness has been subpoenaed in the manner prescribed in this chapter; and
(c) That the witness failed to attend or to produce the documents as required by subpoena before the arbitrator in the investigation, or refused to answer questions propounded to him in the course of the investigation,
and asking an order of the court compelling the witness to attend and testify or produce the documents before the arbitrator.
4. The court, upon petition of the arbitrator, may enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended and testified or produced the documents before the arbitrator. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly issued by the arbitrator, the court may enter an order that the witness appear before the arbitrator at the time and place fixed in the order and testify or produce the required documents. Failure to comply with an order of the court issued pursuant to this subsection constitutes contempt of court.
6. Notice required by this section must be in writing. Service of the notice is sufficient if the notice is mailed by registered or certified mail, return receipt requested, addressed to the last known address of the parties. Refusal of such registered or certified mail by a party shall be deemed to be service to that party. Prescribed times commence from the date on which the notice is received. Any party may at any time execute and deliver an acceptance of service in lieu of mailed notice.
Sec. 28 1. After a negotiated agreement has been agreed to by both parties or a decision has been issued by an arbitrator in accordance with section 26 of this act, the agreement or decision must be submitted to the legislature for ratification. The parties shall submit the agreement or decision to the director of the legislative counsel bureau:
(a) Not later than 14 days after the date on which the agreement is reached or decision is issued; or
(b) On the third day after the next following regular legislative session is convened,
whichever occurs first.
2. The director of the legislative counsel bureau shall transmit:
(a) Those portions of the agreement or decision that have a direct fiscal effect on the state to the senate standing committee on finance and the assembly standing committee on ways and means, who shall hold a joint hearing on those portions not later than 21 days after the date on which the legislature is convened.
(b) Those portions of the agreement or decision that do not have a direct fiscal effect on the state to the senate standing committee on government affairs and the assembly standing committee on government affairs, who shall hold a joint hearing on those portions not later than 21 days after the date on which the legislature is convened.
3. Not later than March 15 of the legislative session, the legislature shall, by concurrent resolution:
(a) Ratify the agreement or decision as submitted;
(b) Ratify the agreement or decision, as modified by the legislature; or
(c) Reject the entire agreement or decision. If the legislature rejects the agreement or decision, the legislature shall set forth guidelines pursuant to which the agreement or decision would be acceptable to the legislature.
4. If the legislature ratifies the agreement or decision with modifications, either party may reopen the negotiations only within the scope of the modifications set forth by the legislature. The modified agreement or decision must be forwarded to the governor for his signature pursuant to section 21 of this act:
(a) If neither party reopens negotiations, 15 days after the date of ratification.
(b) If either party reopens negotiations within the 15-day period, not later than 3 days after the date on which the parties reach a renegotiated agreement or decision. Any term of the renegotiated agreement which exceeds the scope of the modifications as set forth by the legislature is void.
5. If the entire agreement or decision is rejected by the legislature, the parties shall:
(a) Resume negotiations using the guidelines set forth by the legislature; and
(b) On or before May 1 of that year, submit a renegotiated agreement to the director of the legislative counsel bureau for transmittal to the legislature in accordance with subsection 2. The legislature may hold joint hearings on the renegotiated agreement. If the renegotiated agreement is not ratified as submitted or as modified by the legislature before adjournment sine die, the renegotiated agreement is void.
Sec. 29 Judicial review of a decision issued by an arbitrator may be had in the district court for the county in which the dispute arose or in which a majority of the affected employees reside. Such an appeal may be based on jurisdictional grounds or on the ground that the order was procured by fraud, collusion or other similar unlawful means. A stay of an order of the arbitrator may be issued at the discretion of the district court.
Sec. 30 1. It is a prohibited practice for the state or its designated representative willfully to:
(a) Refuse to bargain collectively in good faith with an exclusive representative.
(b) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed pursuant to sections 2 to 34, inclusive, of this act.
(c) Dominate, interfere with or assist in the formation or administration of any employee organization.
(d) Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization.
(e) Discharge or otherwise discriminate against any employee because he has:
(1) Signed or filed an affidavit, a petition or a complaint or has provided any information or given any testimony pursuant to this chapter; or
(2) Formed, joined or chosen to be represented by an employee organization.
(f) Discriminate because of race, color, religion, sex, age, physical or visual handicap, national origin, or political or personal reasons or affiliations.
(g) Deny rights accompanying a designation as an exclusive representative.
2. It is a prohibited practice for an employee organization or its designated agent willfully to:
(a) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed pursuant to sections 2 to 34, inclusive, of this act.
(b) Refuse to bargain collectively in good faith with the state, if the employee organization is an exclusive representative.
(c) Discriminate because of race, color, religion, sex, age, physical or visual handicap, national origin, or political or personal reasons or affiliations.
3. As used in this section, "bargain collectively" includes mediation and arbitration.
Sec. 31 1. A dispute as to whether a violation of section 30 of this act has occurred must be resolved in accordance with the regulations adopted by the board. If the board finds that the party accused has committed a prohibited practice, the board may issue an order directing the party to cease and desist from engaging in the prohibited practice and may order such affirmative relief as is necessary to remedy the unfair labor practice. The board may petition a district court of competent jurisdiction for enforcement of its orders.
2. A party aggrieved by an order or a decision of the board issued pursuant to this section may, not later than 10 days after the filing of the order or decision, apply to a court of competent jurisdiction for judicial review.
Sec. 32 The following proceedings required by or pursuant to sections 2 to 34, inclusive, of this act are not subject to any provision of NRS that requires a meeting to be open or public:
1. A negotiation or informal discussion between the state and an employee organization.
2. A meeting or investigation conducted by an arbitrator.
3. A meeting between the state and its designated representatives in collective bargaining.
Sec. 33 An employee organization and the state may sue or be sued as an entity pursuant to sections 2 to 34, inclusive, of this act. Service upon the state or upon the employee organization must be in accordance with law or the rules of civil procedure, except that in an action or proceeding by or against an employee organization, the district court for the county in which the employee organization maintains its principal office or the county in which the claim arose has jurisdiction over a claim brought pursuant to this section. A natural person and his assets are not subject to liability for any judgment awarded pursuant to this section against the state or an employee organization.
Sec. 34 1. If there is a conflict between any term of an agreement negotiated or otherwise determined pursuant to sections 2 to 34, inclusive, of this act and any special act or provision of NRS, the term is void unless the legislature expressly acknowledges the conflict and approves the term pursuant to section 28 of this act.
2. If there is a conflict between any term of an agreement negotiated or otherwise determined pursuant to sections 2 to 34, inclusive, of this act and any rule or regulation adopted by the employer, the term of the agreement prevails.
3. If any term of an agreement negotiated or otherwise determined pursuant to sections 2 to 34, inclusive, of this act is voided pursuant to this section or section 28 of this act, such invalidity does not affect those terms or the application of the agreement which can be given effect without the invalid term or application, and to this end the terms of the agreement are declared to be severable.
Sec. 35 NRS 284.073 is hereby amended to read as follows:
284.073The employee-management committee shall:
1. Serve in an advisory capacity to the governor, the commission and the department with respect to all matters of personnel administration and relations between management and employees.
2. Receive, consider and make recommendations on matters relating to personnel administration, policy and procedures.
3. Provide a forum for the hearing of employees' suggestions, complaints or disciplinary problems.
4. Provide a means of communication for disseminating information to employees regarding the personnel program.
5. Hold hearings, when requested, and make final decisions for the adjustment of grievances , other than those grievances that are subject to sections 2 to 34, inclusive, of this act, as provided by the regulations of the commission.
Sec. 36 NRS 344.080 is hereby amended to read as follows:
344.0801. The superintendent shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge those employees. He shall not, at any time, employ more compositors, machine operators, pressmen and assistants than the necessities of the division may require.
2. The compensation of the compositors, machine operators, pressmen and assistants must be fixed , except as otherwise provided in this section, by the department of personnel, but no such employees are entitled to receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.
3. The superintendent may enter into agreements with any group which represents compositors, machine operators, pressmen and assistants with respect to rates of pay, wages, hours of employment and all other terms and conditions of employment, provided that any such agreement does not violate any provision of applicable law.
4. All clerical employees and such other persons as are employed for work not directly related to the printing crafts must be in the classified service of the state.
Sec. 37 Collective bargaining with an exclusive representative commences on July 1, 1998, and any resulting agreement or award becomes effective on July 1, 1999.
Sec. 38 1. This section and sections 1 to 14, inclusive, of this act become effective upon passage and approval.
2. Sections 15 to 37, inclusive, of this act become effective on October 1, 1997.