Assembly Bill No. 169–Committee on
Government Affairs

 

February 20, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing voluntary deductions for employee organizations and labor organizations from payroll of state officers and employees. (BDR 23‑939)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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 Government; revising provisions governing voluntary deductions for employee organizations and labor organizations from the payroll of state officers and employees; repealing the authority of the State Controller to adopt regulations concerning such deductions; 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 281.129 is hereby amended to read as follows:

1-2  281.129  1.  Any officer of the State, except the Legislative

1-3  Fiscal Officer, who disburses money in payment of salaries and

1-4  wages of officers and employees of the State may, upon written

1-5  requests of the officer or employee specifying amounts, withhold

1-6  those amounts and pay them to:

1-7  [1.] (a) Charitable organizations;

1-8  [2.] (b) Employee credit unions;

1-9  [3.] (c) Insurers, if the Board of the Public Employees’ Benefits

1-10  Program has approved the request;

1-11      [4.] (d) The United States for the purchase of savings bonds and

1-12  similar obligations of the United States; and

2-1  [5.] (e) Employee organizations and labor organizations[.

2-2  The State Controller may adopt regulations necessary to withhold

2-3  money from the salaries or wages of officers and employees of the

2-4  executive department.] that represent:

2-5       (1) At least 100 officers or employees of the State; or

2-6       (2) At least 50 percent of a group of officers or employees

2-7  of the State that has a sufficient community of interest to make it

2-8  appropriate for the group to be represented by a particular

2-9  employee organization or labor organization.

2-10      2.  After the commencement of a withholding for an employee

2-11  organization or labor organization pursuant to paragraph (e) of

2-12  subsection 1, if the number of officers or employees who are

2-13  members of that organization falls below the number of members

2-14  required for a withholding pursuant to paragraph (e) of

2-15  subsection 1, the officers or employees who had requested that

2-16  money be withheld from their salaries or wages for payment to

2-17  that organization may continue to have that money withheld and

2-18  paid to the organization for not more than 1 year after the

2-19  membership of the organization ceases to meet the number of

2-20  members required for a withholding pursuant to paragraph (e) of

2-21  subsection 1. If the number of members required for a

2-22  withholding pursuant to paragraph (e) of subsection 1 is not met

2-23  in that year, the withholding must be discontinued unless the

2-24  employee organization or labor organization demonstrates to the

2-25  person who disburses money in payment of the salaries or wages

2-26  of the officers or employees that the decline in membership was

2-27  directly related to a layoff, restriction on hiring or other hiring

2-28  practice beyond the control of the organization.

2-29      Sec. 2.  The administrative regulation adopted by the State

2-30  Controller which is codified as NAC 281.250 is hereby declared

2-31  void. In preparing the supplements to the Nevada Administrative

2-32  Code on or after July 1, 2003, the Legislative Counsel shall remove

2-33  that regulation.

2-34      Sec. 3.  This act becomes effective on July 1, 2003.

 

2-35  H