Assembly Bill No. 159–Assemblymen Arberry,
Anderson, Parks, Conklin and Perkins

 

February 18, 2003

____________

 

Referred to Committee on Ways and Means

 

SUMMARY—Requires payment of additional compensation to state employees in classified service for performance of certain dangerous duties. (BDR 23‑841)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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

 

AN ACT relating to state employees; requiring the payment of additional compensation to employees in the classified service of the State for the performance of certain dangerous duties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 284 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Except as otherwise provided in subsection 2, an employee

1-4  in the classified service is entitled to receive additional pay equal

1-5  to 10 percent of his normal rate of pay for each hour in which the

1-6  employee is required by his employer to:

1-7  (a) Engage in scuba or skin diving.

1-8  (b) Perform duties at a height of more than 16 feet above the

1-9  floor inside a building or structure or more than 16 feet above

1-10  ground level outside a building or structure if the duties are

1-11  performed on portable equipment or outside a railed or protected

1-12  area.

1-13      (c) Perform duties on, between, under or in the immediate

1-14  vicinity of railroad equipment on a right-of-way or property of a

1-15  railroad or at an industrial facility, including, without limitation,

2-1  inspection of railroad cars containing hazardous materials. As

2-2  used in this paragraph, “railroad equipment” includes, without

2-3  limitation, locomotives, railroad cars and railroad tracks.

2-4  (d) Be a passenger in a single engine aircraft or helicopter.

2-5  (e) Handle or use explosives.

2-6  2.  An employee in the classified service described in

2-7  subsection 2 of NRS 284.148 who is required by his employer to

2-8  perform any duty described in subsection 1 for any portion of a

2-9  workday is entitled to receive additional pay equal to 10 percent of

2-10  his normal rate of pay for all his regularly scheduled hours of

2-11  employment on that workday.

2-12      3.  As used in this section, “normal rate of pay” means the

2-13  rate set forth in the pay plan adopted pursuant to NRS 284.175 for

2-14  the class of position in which the employee is employed plus any

2-15  additional adjustment to that rate that is prescribed by regulation

2-16  and has been approved for the employee.

2-17      Sec. 2.  The administrative regulation adopted by the

2-18  Department of Personnel which is codified as NAC 284.208 is

2-19  hereby declared void. In preparing the supplements to the Nevada

2-20  Administrative Code on or after July 1, 2003, the Legislative

2-21  Counsel shall remove that regulation.

2-22      Sec. 3.  This act becomes effective upon passage and approval.

 

2-23  H