AB217_R2

Assembly Bill No. 217–Committee on
Government Affairs

CHAPTER..........

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:

Section 1. NRS 281.110 is hereby amended to read as follows:

281.110 1. [The] Unless required for the efficient

transaction of business and the convenience of the persons with

whom business is transacted, the offices of all state officers,

departments, boards, commissions and agencies [shall:] must:

(a) Maintain not less than a 40-hour workweek.

(b) Be open for the transaction of business at least from 8 a.m.

until 12 p.m. and from 1 p.m. until 5 p.m. every day of the year,

with the exception of Saturdays, Sundays and legal holidays.

2. Variable workweek scheduling may be required in those

agencies where coverage is needed on Saturdays, Sundays and legal

holidays [.

2.] or on other days or during other hours, as necessary.

3. The offices of all state officers, departments, boards,

commissions and agencies [shall] that are open on the days and

during the hours set forth in paragraph (b) of subsection 1 must

remain open during the noon hour of each [regular] working day if

any such office has more than one person on its staff.

Sec. 2. NRS 284.015 is hereby amended to read as follows:

284.015 As used in this chapter[:] , unless the context

otherwise requires:

1. “Commission” means the Personnel Commission.

2. “Department” means the Department of Personnel.

3. “Director” means the Director of the Department.

4. “Disability,” includes, but is not limited to, physical

disability, mental retardation and mental or emotional disorder.

5. “Essential functions” has the meaning ascribed to it in 29

C.F.R. § 1630.2.

6. “Public service” means positions providing service 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.

Sec. 3. NRS 284.065 is hereby amended to read as follows:

284.065 1. The Commission has only such powers and duties

as are authorized by law.

2. In addition to the powers and duties set forth elsewhere in

this chapter, the Commission shall:

(a) Advise the Director concerning the organization and

administration of the Department.

(b) Report to the Governor biennially on all matters which the

Commission may deem pertinent to the Department and concerning

any specific matters previously requested by the Governor.

Legislature relative to the personnel policy of the State.

(d) [Advise the Director with respect to the preparation and

adoption of] Adopt regulations to carry out the provisions of this

chapter.

(e) Foster the interest of institutions of learning and of civic,

professional and employee organizations in the improvement of

personnel standards in the state service.

(f) Review decisions of the Director in contested cases involving

the classification or allocation of particular positions.

(g) Exercise any other advisory powers necessary or reasonably

implied within the provisions and purposes of this chapter.

Sec. 4. NRS 284.105 is hereby amended to read as follows:

284.105 1. The Director shall direct and supervise all

administrative and technical activities of the Department.

2. In addition to the duties imposed upon him elsewhere in this

chapter, the Director shall:

(a) Apply and carry out the provisions of this chapter and the

regulations adopted [under] pursuant to it.

(b) Establish objectives for the Department in terms which are

specific, measurable and conducive to reliable evaluation, and

develop a plan for accomplishing those objectives.

within the Department.

(d) Attend all meetings of the Commission.

(e) Advise the Commission with respect to the preparation and

adoption of regulations to carry out the provisions of this chapter.

(f) Report to the Governor and the Commission upon all matters

concerning the administration of his office[,] and request the advice

of the Commission on matters concerning the policies of the

Department , [;] but the Director is responsible for the conduct of

the Department and its administrative functions unless otherwise

provided by law.

[(f)] (g) Establish and maintain a roster of all employees in the

public service. The roster must set forth, as to each employee:

(1) The class title of the position held.

(2) The salary or pay.

(3) Any change in class title, pay or status.

(4) Other pertinent data.

[(g)] (h) In cooperation with appointing authorities and others,

foster and develop programs for improving the effectiveness and

morale of employees, including training and procedures for hearing

and adjusting grievances.

[(h)] (i) Encourage and exercise leadership in the development

of effective personnel administration within the several departments

in the public service, and make available the facilities and services

of the Department and its employees to this end.

[(i)] (j) Make to the Commission and to the Governor a biennial

report regarding the work of the Department and such special

reports as he may consider desirable.

[(j)] (k) Maintain a continuous program of recruiting for the

[public] classified service.

[(k)] (l) Perform any other lawful acts which he may consider

necessary or desirable to carry out the purposes and provisions of

this chapter.

Sec. 5. NRS 284.121 is hereby amended to read as follows:

284.121 Each appointing authority shall report to the Director

in writing, from time to time, [upon the date of the official action in,

or knowledge of, any] any appointment, transfer, separation,

suspension [or reinstatement of a person in the public service,] ,

reinstatement or any reduction or other change to a position in the

public service. The report must contain:

1. The name of the appointee or employee.

2. The title and status of his employment.

3. The date of commencement of the action.

4. The salary or compensation of the appointee or employee.

Sec. 6. NRS 284.135 is hereby amended to read as follows:

284.135 1. Subject to regulations [prescribed] adopted by the

[Director,] Commission, the services and facilities of the

Department and its employees are available upon request to political

subdivisions of the State.

2. In making the services and facilities of the Department and

its employees available, it must be understood that:

(a) Requirements for the enforcement and administration of the

provisions of this chapter must be given precedence; and

(b) The political subdivisions shall reimburse the Department

for the reasonable cost of those services and facilities.

Sec. 7. NRS 284.150 is hereby amended to read as follows:

284.150 1. 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 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] :

(a) Lawfully designated as being in the classified service [must

be made] ; and

(b) 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 and

NRS 209.161.

[3.] 2. Except as otherwise provided in NRS 193.105, 209.161

and 416.070, a person must not be appointed, transferred, promoted,

demoted or discharged [as an officer, clerk, employee or laborer] 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. 8. NRS 284.155 is hereby amended to read as follows:

284.155 1. The [Director] Commission shall adopt a code of

regulations for the classified service . [which must be approved by

the Commission.]

2. The code must include regulations concerning certifications

and appointments for:

(a) Positions in classes having a maximum salary of $12,500 or

less as of December 31, 1980, where the regular procedures for

examination and certification are impracticable; and

(b) Classes where applicants for promotion are not normally

available.

These regulations may be different from the regulations concerning

certifications and appointments for other positions in the classified

service.

Sec. 9. NRS 284.175 is hereby amended to read as follows:

284.175 1. After consultation with appointing authorities and

state fiscal officers, [and after a public hearing and approval by the

Commission,] the Director shall [prescribe regulations for] prepare

a pay plan for all employees in the classified service.

2. The pay plan and its amendments become effective only

after approval by [the Commission and] the Governor.

3. The [Director shall prepare a] pay plan [and] must include,

without limitation, ranges for each class, grade or group of positions

in the classified service. Each employee in the classified service

must be paid at one of the rates set forth in the pay plan for the class

of position in which he is employed and at such time as necessary

money is made available for the payment.

4. The [Director shall prescribe regulations that provide for

progression through the rate ranges based on merit and fitness alone.

The regulations become effective upon the approval of the

Commission.

5. In making] Commission shall adopt regulations to carry

out the pay plan.

5. The Director may make recommendations to the

Legislature during regular legislative sessions concerning salaries

for the classified service of the State . [,] In making such

recommendations, the Director shall consider factors such as:

(a) Surveys of salaries of comparable jobs in government and

private industry within the State of Nevada and western states,

where appropriate;

(b) Changes in the cost of living;

particular positions; and

(d) Maintaining an equitable relationship among classifications.

Sec. 10. NRS 284.180 is hereby amended to read as follows:

284.180 1. The Legislature declares that since uniform salary

and wage rates and classifications are necessary for an effective and

efficient personnel system, the pay plan must set the official rates

applicable to all positions in the classified service, but the

establishment of the pay plan in no way limits the authority of the

Legislature relative to budgeted appropriations for salary and wage

expenditures.

2. Credit for overtime work directed or approved by the head

of an agency or his representative must be earned at the rate of time

and one-half, except for those employees described in NRS 284.148.

3. Except as otherwise provided in subsections 4, 6, 7 and 9,

overtime is considered time worked in excess of:

(a) Eight hours in 1 calendar day;

(b) Eight hours in any 16-hour period; or

4. Firemen who choose and are approved for a 24-hour shift

shall be deemed to work an average of 56 hours per week and 2,912

hours per year, regardless of the actual number of hours worked or

on paid leave during any biweekly pay period. A fireman so

assigned is entitled to receive 1/26 of his annual salary for each

biweekly pay period. In addition, overtime must be considered time

worked in excess of:

(a) Twenty-four hours in one scheduled shift; or

(b) Fifty-three hours average per week during one work period

for those hours worked or on paid leave.

The appointing authority shall designate annually the length of the

work period to be used in determining the work schedules for such

firemen. In addition to the regular amount paid such a fireman for

the deemed average of 56 hours per week, he is entitled to payment

for the hours which comprise the difference between the 56-hour

average and the overtime threshold of 53 hours average at a rate

which will result in the equivalent of overtime payment for those

hours.

5. The [Director, with the approval of the Commission,]

Commission shall adopt regulations to carry out the provisions of

subsection 4.

6. For employees who choose and are approved for a variable

workday, overtime will be considered only after working 40 hours

in 1 week.

7. Employees who are eligible under the Fair Labor Standards

Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour

work schedule within a biweekly pay period and who choose and

are approved for such a work schedule will be considered eligible

for overtime only after working 80 hours biweekly, except those

eligible employees who are approved for overtime in excess of one

scheduled shift of 8 or more hours per day.

8. An agency may experiment with innovative workweeks

upon the approval of the head of the agency and after majority

consent of the affected employees. The affected employees are

eligible for overtime only after working 40 hours in a workweek.

9. This section does not supersede or conflict with existing

contracts of employment for employees hired to work 24 hours a

day in a home setting. Any future classification in which an

employee will be required to work 24 hours a day in a home setting

must be approved in advance by the Commission.

10. All overtime must be approved in advance by the

appointing authority or his designee. No officer or employee, other

than a director of a department or the chairman of a board,

commission or similar body, may authorize overtime for himself.

The chairman of a board, commission or similar body must approve

in advance all overtime worked by members of the board,

commission or similar body.

11. The Budget Division of the Department of Administration

shall review all overtime worked by employees of the Executive

Department to ensure that overtime is held to a minimum. The

Budget Division shall report quarterly to the State Board of

Examiners the amount of overtime worked in the quarter within the

various agencies of the State.

Sec. 11. NRS 284.205 is hereby amended to read as follows:

284.205 The [Director shall prescribe] Commission shall

adopt regulations for open competitive examinations to test the

relative fitness of applicants for the respective positions.

Sec. 12. NRS 284.210 is hereby amended to read as follows:

284.210 1. All competitive examinations for positions in the

classified service must:

(a) Relate to those matters which fairly test the capacity and

fitness of the persons examined to perform in an efficient manner

the duties of the class in which employment is sought.

(b) Be open to all applicants who meet the reasonable standards

or requirements fixed by the Director with regard to experience,

character, age, education, physical condition and any other factors

relating to the ability of the applicants to perform the duties of the

position with reasonable efficiency.

2. An examination may consist of:

(a) An evaluation of the applicant’s training and experience;

(b) A written examination;

(d) An evaluation of the applicant’s performance, such as the

ability to operate successfully certain equipment; or

(e) Any combination of paragraphs (a) to (d), inclusive.

3. An examination may be conducted by using a center for

assessment as defined by regulations adopted by the [Director.]

Commission. An employee of the department for which an

examination is being held may not serve on the panel or score the

examination.

4. An oral examination given pursuant to this section must be:

(a) Except as otherwise provided in subsection 5, conducted by

a panel of which no more than one-third of the members are

employed by the department in which a vacancy exists for the

position for which the examination is given.

(b) Recorded and maintained by the department for:

(1) Not less than 2 years after the date of the examination; or

(2) Until the final disposition of a charge of

discrimination,

whichever is longer, and must be available to an affected person

upon request.

5. Employees of the department in which a vacancy exists may

comprise more than one-third of the members of the panel if:

(a) A member who is not such an employee is unable to serve on

the panel because of illness or an emergency;

(b) The department has more than 1,000 employees; and

separate and diverse programs and the employees of the department

on the panel are not employed by the same division.

Sec. 13. NRS 284.240 is hereby amended to read as follows:

284.240 The Director may refuse to examine an applicant or,

after examination, may refuse to certify an eligible person who :

[comes under any of the following categories:]

1. Lacks any of the preliminary requirements established for

the examination for the position or employment for which he

applies.

2. [Is addicted to the use of habit-forming drugs.

3. Is an habitual user of intoxicating liquors to excess.

4.] Submitted to a screening test administered pursuant to NRS

284.4066, the results of which indicated the presence of a

controlled substance, and the person did not provide the proof

required by NRS 284.4066.

3. Has been guilty of any crime involving moral turpitude or of

infamous or notoriously disgraceful conduct.

[5.] 4. Has been dismissed from the public service for

delinquency or misconduct.

[6.] 5. Has made a false statement of any material fact.

[7.] 6. Has, directly or indirectly, given, rendered or paid, or

promised to give, render or pay, any money, service or other

valuable thing to any person for, or on account of[,] or in

connection with, his examination[,] appointment or proposed

appointment.

[8.] 7. Has practiced, or attempted to practice, any deception

or fraud in his application, in his certificate, in his examination, or in

securing his eligibility or appointment.

Sec. 14. NRS 284.250 is hereby amended to read as follows:

284.250 1. The [Director shall prescribe] Commission shall

adopt regulations for the establishment of eligible lists for

appointment and promotion which must contain the names of

successful applicants in the order of their relative excellence in the

respective examinations.

2. The term of eligibility of applicants on such lists is 1 year,

but the term may be extended by the Director to a maximum of

3 years.

Sec. 15. NRS 284.290 is hereby amended to read as follows:

284.290 1. All original competitive appointments to and

promotions within the classified service must be for a fixed

probationary period of 6 months, except that a longer period not

exceeding 1 year may be established for classes of positions in

which the nature of the work requires a longer period for proper

evaluation of performance.

2. Dismissals or demotions may be made at any time during the

probationary period in accordance with regulations [established]

adopted by the [Director.] Commission.

3. Before the end of the probationary period and in accordance

with regulations [established] adopted by the [Director,]

Commission, the appointing authority shall notify the Director in

writing whether or not the probationer is a satisfactory employee

and should receive the status of a permanent appointee.

Sec. 16. NRS 284.295 is hereby amended to read as follows:

284.295 1. Vacancies in positions must be filled, so far as

practicable, by promotion within a department or agency from

among persons holding positions in the classified service.

Promotions must be based upon merit and fitness, to be ascertained

in accordance with regulations [established] adopted by the

[Director.] Commission. In such regulations , the employee’s

efficiency, character, conduct and length of service must all

constitute factors. For the purposes of this subsection, a person

employed by the Legislative Branch of Government pursuant to

subsection 5 of NRS 284.3775 shall be deemed to hold the position

he held before the legislative session.

2. Eligibility for promotion must be determined on

recommendation of the appointing authority and certification by the

Director that the employee meets the minimum requirements and

demonstrates his qualifications in accordance with regulations

[established] adopted by the [Director.] Commission.

3. The Director may provide, in specific cases, for competitive

promotional examinations among employees of departments other

than that in which a particular vacancy in a higher classification may

exist.

4. An advancement in rank or grade or an increase in salary

beyond the maximum fixed for the class constitutes a promotion.

Sec. 17. NRS 284.305 is hereby amended to read as follows:

284.305 1. Except as otherwise provided in subsection 2,

positions in the classified service may be filled without competition

only as provided in NRS 284.155, 284.307, 284.309, 284.310,

284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and

284.3775.

2. The [Director] Commission may adopt regulations which

provide for filling positions in the classified service without

competition in cases involving:

(a) The demotion of a current employee;

(b) The reemployment of a current or former employee who was

or will be adversely affected by layoff, military service,

reclassification or a permanent partial disability arising out of and in

the course of his employment; or

Sec. 18. NRS 284.317 is hereby amended to read as follows:

284.317 [In order to further the efforts of the State of Nevada

toward alleviating the problems of persons with disabilities, full]

Full consideration must be given to the employment of a person

with a disability for a position if he is capable of [meeting

the necessary performance requirements] performing the essential

functions of the position with or without reasonable

accommodations.

Sec. 19. NRS 284.325 is hereby amended to read as follows:

284.325 1. The [Director] Commission shall adopt

regulations not inconsistent with this section for the certification of

qualified persons for temporary service.

2. Except as otherwise provided in subsection 3, temporary

positions which occur, terminate or recur periodically must be filled

by certification in accordance with the regulations [established]

adopted by the [Director.] Commission.

3. An agency may appoint persons temporarily for less than

160 cumulative hours during any calendar year without regard to the

regulations adopted by the [Director] Commission pursuant to

subsection 1.

4. The limitation on hours set forth in subsection 3 does not

apply to temporary or part-time service by:

(a) A pupil attending his last 2 years of high school;

(b) A student employed by the college or university he attends;

NRS 284.327;

(d) An employee of an events center, museum or research center

of the University and Community College System of Nevada;

(e) A person employed by the University and Community

College System of Nevada in a temporary position which recurs

periodically for the registration of students; or

(f) A person employed by the University and Community

College System of Nevada to provide such assistance to a student

with a disability or to a student with an identified academic

disadvantage as it determines is necessary for the academic success

of the student, including, without limitation, a person employed as a

tutor, note taker, reader, sign interpreter or test proctor.

5. The acceptance or refusal by an eligible person of a

temporary appointment does not affect his standing on the register

for permanent employment, nor may the period of temporary service

be counted as part of the probationary period in case of subsequent

appointment to a permanent position.

6. Successive temporary appointments to the same position

must not be made under this section.

7. As used in this section, “student with an identified academic

disadvantage” includes, without limitation, a student who the

University and Community College System of Nevada has

determined requires the services of a tutor for success in a course of

study.

Sec. 20. NRS 284.327 is hereby amended to read as follows:

284.327 1. To assist persons with disabilities certified by the

Rehabilitation Division of the Department of Employment, Training

and Rehabilitation, appointing authorities are encouraged and

authorized to make temporary limited appointments of certified

persons with disabilities for a period not to exceed 700 hours

notwithstanding that the positions so filled are continuing positions.

A person with a disability who is certified by the Rehabilitation

Division must be placed on the appropriate list for which he is

eligible. Each such person must possess the training and experience

necessary for the position for which he is certified. The

Rehabilitation Division must be notified of an appointing authority’s

request for a list of eligibility on which the names of one or more

certified persons with disabilities appear. A temporary limited

appointment of a certified person with a disability pursuant to this

section constitutes the person’s examination as required by

NRS 284.215.

2. The [Director] Commission shall adopt regulations to carry

out the provisions of subsection 1.

3. This section does not deter or prevent appointing authorities

from employing:

(a) A person with a disability if he is available and eligible for

permanent employment.

(b) A person with a disability who is employed pursuant to the

provisions of subsection 1 in permanent employment if he qualifies

for permanent employment before the termination of his temporary

limited appointment.

4. If a person appointed pursuant to this section is subsequently

appointed to a permanent position during or after the 700-hour

period, the 700 hours or portion thereof counts toward the

employee’s probationary period.

Sec. 21. NRS 284.335 is hereby amended to read as follows:

284.335 1. The appointing authorities and other supervising

officers of the various state departments, agencies and institutions,

after consultation with the Director, shall establish standards of

work performance for each class of positions. Each appointing

authority shall provide each of its employees with a copy of the

standards for his position.

2. The Director shall[:

(a) Maintain] maintain service records of performance

efficiency, character and conduct by a system of service ratings

based upon those standards.

[(b) Establish]

3. The Commission shall adopt regulations with respect to

service ratings, and prescribe the extent to which service ratings

must be considered in determining the advisability of transfers, the

promotion of an employee to a higher class, the question of

demotion or dismissal of any employee, increases and decreases in

salary of an employee within the salary range established under this

chapter, and in all other decisions relating to the status of

employees.

[3. The Director]

4. The Commission may, by regulation, further prescribe the

extent to which the service ratings, and the reports upon which they

are based, are open to inspection.

Sec. 22. NRS 284.340 is hereby amended to read as follows:

284.340 Each appointing authority shall:

1. Report to the Director, in writing, the efficiency of his

subordinates and employees, and other information, in such manner

as the [Director] Commission may prescribe by regulation.

2. File reports with the Director on the performance, during the

probationary period, of each of his employees who holds a position

in the classified service. A report must be filed at the end of the 2nd

and 5th months of employment if the probationary period is 6

months, or at the end of the 3rd, 7th and 11th months of

employment if the probationary period is 12 months.

3. File a report annually with the Director on the performance

of each of his employees who holds a position in the classified

service and has attained permanent status. The report must be filed

at the end of the 12th month next following the attainment of

permanent status, and at the end of every 12th month thereafter. If

the report is not filed on or before the required date, the performance

of the employee shall be deemed to be standard.

4. If any report he files with the Director on the performance of

an employee who holds a position in the classified service includes a

rating of substandard, file with the Director an additional report on

the performance of the employee at least every 90 days until the

performance improves to standard or until any disciplinary action is

taken.

5. Provide the employee with a copy of each report filed.

Sec. 23. NRS 284.343 is hereby amended to read as follows:

284.343 1. [After] Except as otherwise provided in this

subsection, after consultation with appointing authorities, and in

cooperation with the State Board of Examiners, the [Director shall

prescribe] Commission shall adopt regulations for all training of

employees in the state service. Professional employees of the

teaching staff, Agricultural Extension Service and Nevada

Agricultural Experiment Station staffs of the University and

Community College System of Nevada, or any other state institution

of learning and student employees of such an institution are exempt

from the provisions of this section.

2. The regulations [so prescribed] adopted pursuant to

subsection 1 must set forth the conditions under which educational

leave stipends may be paid to any officer or employee of the State.

Except as otherwise provided in NRS 612.230 and with the

exception of intermittent course work not leading to the awarding of

a degree, no person may be granted educational leave stipends until

he has entered into a contract with his employing agency whereby

he agrees to pursue only those courses required for a degree related

to his employment with the State and to return to the employ of his

employing agency on the basis of 1 year for each 9 months of

educational leave taken or to refund the total amount of the stipends

regardless of the balance at the time of separation.

3. This section does not prevent the granting of sabbatical

leaves by the Board of Regents of the University of Nevada.

4. Where practicable , all training for state employees must be

presented through established educational institutions within the

State.

5. The Department shall coordinate all training activities

related to remedial programs and programs for career development

designed to correct educational and training deficiencies of state

employees and create employment opportunities for the

disadvantaged. In connection with these activities , the Department,

with the approval of the Governor, is designated to enter into

contractual arrangements with the Federal Government and others

that provide grants or other money for educational and training

activities.

Sec. 24. NRS 284.345 is hereby amended to read as follows:

284.345 1. Except as otherwise provided in subsection 2, the

[Director shall prescribe] Commission shall adopt regulations for

attendance and [leaves] leave with or without pay or reduced pay in

the various classes of positions in the public service.

2. The Board of Regents of the University of Nevada shall

[prescribe] adopt regulations for attendance and for leave with or

without pay or with reduced pay, sabbatical leave, sick leave,

emergency leave, annual leave, terminal leave, military leave and

such other leave as the Board of Regents determines to be necessary

or desirable for officers and members of the faculty of the

University and Community College System of Nevada. Sabbatical

leave with pay may not be granted to more than 2 percent of the

teaching personnel of a branch or facility of the System the rank of

instructor or higher in any 1 year. No sabbatical leave with pay may

be granted unless the person requesting the leave agrees in writing

with the branch or facility to return to the branch or facility after the

leave for a period not less than that required by his most recent

contract of employment if the University and Community College

System of Nevada desires his continued service.

Sec. 25. NRS 284.350 is hereby amended to read as follows:

284.350 1. Except as otherwise provided in subsections 2, 3

and 4, an employee in the public service, whether in the classified or

unclassified service, is entitled to annual leave with pay of 1 1/4

working days for each month of continuous public service. The

annual leave may be cumulative from year to year not to exceed 30

working days. The [Department] Commission may by regulation

provide for additional annual leave for long-term employees and for

prorated annual leave for part-time employees.

2. Except as otherwise provided in this subsection, any annual

leave in excess of 30 working days must be used before January 1 of

the year following the year in which the annual leave in excess of 30

working days is accumulated or the amount of annual leave in

excess of 30 working days is forfeited on that date. If an employee:

(a) On or before October 15, requests permission to take annual

leave; and

(b) His request for leave is denied in writing for any

reason,

he is entitled to payment for any annual leave in excess of 30

working days which he requested to take and which he would

otherwise forfeit as the result of the denial of his request, unless the

employee has final authority to approve use of his own accrued

leave and he received payment pursuant to this subsection for any

unused annual leave in excess of 30 working days accumulated

during the immediately preceding calendar year. The payment for

the employee’s unused annual leave must be made to him not later

than January 31.

3. Officers and members of the faculty of the University and

Community College System of Nevada are entitled to annual leave

as provided by the regulations [prescribed] adopted pursuant to

subsection 2 of NRS 284.345.

4. The [Director] Commission shall establish by regulation a

schedule for the accrual of annual leave for employees who

regularly work more than 40 hours per week or 80 hours biweekly.

The schedule must provide for the accrual of annual leave at the

same rate proportionately as employees who work a 40-hour week

accrue annual leave.

5. No elected state officer may be paid for accumulated annual

leave upon termination of his service.

6. During the first 6 months of employment of any employee in

the public service, annual leave accrues as provided in subsection 1,

but no annual leave may be taken during that period.

7. No employee in the public service may be paid for

accumulated annual leave upon termination of employment unless

he has been employed for 6 months or more.

8. Upon the request of an employee, the appointing authority

of the employee may approve the reduction or satisfaction of an

overpayment of the salary of the employee that was not obtained

by the fraud or willful misrepresentation of the employee with a

corresponding amount of the accrued annual leave of the

employee.

Sec. 26. NRS 284.355 is hereby amended to read as follows:

284.355 1. Except as otherwise provided in this section, all

employees in the public service, whether in the classified or

unclassified service, are entitled to sick and disability leave with pay

of 1 1/4 working days for each month of service, which may be

cumulative from year to year. After an employee has accumulated

90 working days of sick leave, the amount of additional unused sick

leave which he is entitled to carry forward from 1 year to the next is

limited to one-half of the unused sick leave accrued during that year,

but the [Department] Commission may by regulation provide for

subsequent use of unused sick leave accrued but not carried forward

because of this limitation in cases where the employee is suffering

from a long-term or chronic illness and has used all sick leave

otherwise available to him.

2. Upon the retirement of an employee, his termination through

no fault of his own or his death while in public employment, the

employee or his beneficiaries are entitled to payment:

(a) For his unused sick leave in excess of 30 days, exclusive of

any unused sick leave accrued but not carried forward, according to

his number of years of public service, except service with a political

subdivision of the State, as follows:

(1) For 10 years of service or more but less than 15 years,

not more than $2,500.

(2) For 15 years of service or more but less than 20 years, not

more than $4,000.

(3) For 20 years of service or more but less than 25 years, not

more than $6,000.

(4) For 25 years of service, not more than $8,000.

(b) For his unused sick leave accrued but not carried forward, an

amount equal to one-half of the sum of:

(1) His hours of unused sick leave accrued but not carried

forward; and

(2) An additional 120 hours.

3. The [Department] Commission may by regulation provide

for additional sick and disability leave for long-term employees and

for prorated sick and disability leave for part-time employees.

4. An employee entitled to payment for unused sick leave

pursuant to subsection 2 may elect to receive the payment in any

one or more of the following forms:

(a) A lump-sum payment.

(b) An advanced payment of the premiums or contributions for

insurance coverage for which he is otherwise eligible pursuant to

chapter 287 of NRS. If the insurance coverage is terminated and the

money advanced for premiums or contributions pursuant to this

subsection exceeds the amount which is payable for premiums or

contributions for the period for which the former employee was

actually covered, the unused portion of the advanced payment must

be paid promptly to the former employee or, if he is deceased, to his

beneficiary.

otherwise eligible pursuant to chapter 286 of NRS.

5. Officers and members of the faculty of the University and

Community College System of Nevada are entitled to sick and

disability leave as provided by the regulations adopted pursuant to

subsection 2 of NRS 284.345.

6. The [Department] Commission may by regulation provide

policies concerning employees with mental or emotional disorders

which:

(a) Use a liberal approach to the granting of sick leave or leave

without pay to such an employee if it is necessary for him to be

absent for treatment or temporary hospitalization.

(b) Provide for the retention of the job of such an employee for a

reasonable period of absence, and if an extended absence

necessitates separation or retirement, provide for the reemployment

of such an employee if at all possible after recovery.

retirement, life insurance and health benefits.

7. The [Director] Commission shall establish by regulation a

schedule for the accrual of sick leave for employees who regularly

work more than 40 hours per week or 80 hours biweekly. The

schedule must provide for the accrual of sick leave at the same rate

proportionately as employees who work a 40-hour week accrue sick

leave.

8. The Department may investigate any instance in which it

believes that an employee has taken sick or disability leave to which

he was not entitled. If, after notice to the employee and a hearing,

the Commission determines that he has taken sick or disability leave

to which he was not entitled, the Commission may order the

forfeiture of all or part of his accrued sick leave.

Sec. 27. NRS 284.359 is hereby amended to read as follows:

284.359 A permanent or probationary employee who performs

active military service under the provisions of any national military

service or training act, or who voluntarily serves in the Armed

Forces of the United States in time of war, or in such types of

service as the [Director] Commission by regulation may prescribe,

is, upon application, entitled to leave of absence without pay for the

period of such service plus a period not to exceed 90 days. If within

that period he applies for reinstatement, he must be reinstated to his

former class of position, or to a class of position having like

seniority, status and pay, or, if those positions have been abolished,

to the nearest approximation thereof consistent with the

circumstances.

Sec. 28. NRS 284.375 is hereby amended to read as follows:

284.375 In accordance with regulations established by the

[Director,] Commission, transfers in the classified service may be

made from [a position in one grade or class to a position in another

grade or class] one position to another position within the same

grade when the duties [and compensation] are similar and when

such action is specifically approved by the Director.

Sec. 29. NRS 284.379 is hereby amended to read as follows:

284.379 In the employment [and utilization] of a person with a

disability in the state service, continued efforts must be made to

retain the person by making reasonable accommodations that enable

him to [meet the necessary performance requirements] perform the

essential functions of the position and to enjoy the benefits and

privileges of his position. [Separation] An appointing authority

shall consider separation or disability retirement [is in order only

after it becomes apparent that a condition does not respond to

treatment.] if an employee can no longer perform the essential

functions of the position with or without reasonable

accommodations.

Sec. 30. NRS 284.384 is hereby amended to read as follows:

284.384 1. The [Director shall propose, and the] Commission

shall adopt[,] regulations which provide for the adjustment of

grievances for which a hearing is not provided by NRS 284.165,

284.245, 284.3629, 284.376 or 284.390. Any grievance for which a

hearing is not provided by NRS 284.165, 284.245, 284.3629,

284.376 or 284.390 is subject to adjustment pursuant to this section.

2. The regulations must provide procedures for:

(a) Consideration and adjustment of the grievance within the

agency in which it arose.

(b) Submission to the Employee-Management Committee for a

final decision if the employee is still dissatisfied with the resolution

of the dispute.

3. The regulations must include provisions for:

(a) Submitting each proposed resolution of a dispute which has a

fiscal effect to the Budget Division of the Department of

Administration for a determination by that Division whether the

resolution is feasible on the basis of its fiscal effects; and

(b) Making the resolution binding.

4. Any grievance which is subject to adjustment pursuant to

this section may be appealed to the Employee-Management

Committee for a final decision.

5. The employee may represent himself at any hearing

regarding a grievance which is subject to adjustment pursuant to this

section or be represented by an attorney or other person of the

employee’s own choosing.

6. As used in this section, “grievance” means an act, omission

or occurrence which an employee who has attained permanent status

feels constitutes an injustice relating to any condition arising out of

the relationship between an employer and an employee, including,

but not limited to, compensation, working hours, working

conditions, membership in an organization of employees or the

interpretation of any law, regulation or disagreement.

Sec. 31. NRS 284.4064 is hereby amended to read as follows:

284.4064 1. If an employee informs his appointing authority

that he has consumed any drug which could interfere with the safe

and efficient performance of his duties, the appointing authority

may require the employee to obtain clearance from his physician

before he continues to work.

2. If an appointing authority reasonably believes, based upon

objective facts, that an employee’s ability to perform his duties

safely and efficiently:

(a) May be impaired by the consumption of alcohol or other

drugs, it may ask the employee whether he has consumed any

alcohol or other drugs and, if so:

(1) The amount and types of alcohol or other drugs

consumed and the time of consumption; and

(2) If a controlled substance was consumed, the name of the

person who prescribed its use.

(b) Is impaired by the consumption of alcohol or other drugs, it

shall prevent the employee from continuing work and transport him

or cause him to be transported safely away from his place of

employment in accordance with regulations adopted by the

[Director.] Commission.

Sec. 32. NRS 284.4065 is hereby amended to read as follows:

284.4065 1. Except as otherwise provided in subsection 2, an

appointing authority may request an employee to submit to a

screening test only if the appointing authority:

(a) Reasonably believes, based upon objective facts, that the

employee is under the influence of alcohol or drugs which are

impairing his ability to perform his duties safely and efficiently;

(b) Informs the employee of the specific facts supporting its

belief pursuant to paragraph (a), and prepares a written record of

those facts; and

(1) Of whether the test will be for alcohol or drugs, or both;

(2) That the results of the test are not admissible in any

criminal proceeding against him; and

(3) That he may refuse the test, but that his refusal may result

in his dismissal or in other disciplinary action being taken against

him.

2. An appointing authority may request an employee to submit

to a screening test if the employee:

(a) Is a law enforcement officer and, during the performance of

his duties, he discharges a firearm, other than by accident; or

(b) During the performance of his duties, drives a motor vehicle

in such a manner as to cause bodily injury to himself or another

person or substantial damage to property.

For the purposes of this subsection, the [Director] Commission

shall, by regulation, define the term “substantial damage to

property.”

3. An appointing authority may place an employee who

submits to a screening test on administrative leave with pay until the

appointing authority receives the results of the test.

4. An appointing authority shall:

(a) Within a reasonable time after an employee submits to a

screening test to detect the general presence of a controlled

substance or any other drug, allow the employee to obtain at his

expense an independent test of his urine or blood from a laboratory

of his choice which is certified by the Department of Health and

Human Services.

(b) Within a reasonable time after an employee submits to a

screening test to detect the general presence of alcohol, allow the

employee to obtain at his expense an independent test of his blood

from a laboratory of his choice.

screening test within 3 working days after it receives those results.

5. An employee is not subject to disciplinary action for testing

positive in a screening test or refusing to submit to a screening test if

the appointing authority fails to comply with the provisions of this

section.

6. An appointing authority shall not use a screening test to

harass an employee.

Sec. 33. NRS 284.4066 is hereby amended to read as follows:

284.4066 1. Each appointing authority shall, subject to the

approval of the Commission, determine whether each of its

positions of employment [affect] affects the public safety. The

appointing authority shall not hire an applicant for such a position

unless he submits to a screening test to detect the general presence

of a controlled substance . [or any other drug.] Notice of the

provisions of this section must be given to each applicant for such a

position at or before the time of application.

2. An appointing authority may consider the results of a

screening test in determining whether to employ an applicant. If

those results indicate the presence of a controlled substance,the

appointing authority shall not hire the applicant unless he provides ,

within 72 hours after being requested by the appointing authority,

proof that he had taken the controlled substance as directed pursuant

to a current and lawful prescription issued in his name.

3. An appointing authority shall, at the request of an applicant,

provide him with the results of his screening test.

Sec. 34. NRS 284.407 is hereby amended to read as follows:

284.407 The [Director] Commission shall adopt such

regulations as are necessary to carry out the purposes of NRS

284.406 to 284.4069, inclusive.

Sec. 35. NRS 227.150 is hereby amended to read as follows:

227.150 1. The State Controller shall:

(a) Open and keep an account with each county, charging the

counties with the revenue collected, as shown by the auditor’s

statements, and also with their proportions of the salaries of the

district judges, and crediting them with the amounts paid to the State

Treasurer.

(b) Keep and state all accounts between the State of Nevada and

the United States, or any state or territory, or any person or public

officer of this state, indebted to the State or entrusted with the

collection, disbursement or management of any money, funds or

interests arising therefrom, belonging to the State, of every character

and description, if the accounts are derivable from or payable into

the State Treasury.

collectors and receivers of all state revenues, taxes, tolls and

incomes, levied or collected by any act of the Legislature and

payable into the State Treasury.

(d) Keep fair, clear, distinct and separate accounts of all the

revenues and incomes of the State, and [also] of all the expenditures,

disbursements and investments thereof, showing the particulars of

every expenditure, disbursement and investment.

2. The State Controller may:

(a) Direct the collection of all accounts or money due the State,

except as otherwise provided in chapter 353C of NRS, and if there is

no time fixed or stipulated by law for the payment of any such

accounts or money, they are payable at the time set by the State

Controller.

(b) Upon approval of the Attorney General, direct the

cancellation of any accounts or money due the State.

the compensation of an employee of the State any amount due the

State for the overpayment of the salary of the employee[.] that has

not been satisfied pursuant to subsection 8 of NRS 284.350 or in

any other manner.

3. Before any amounts may be withheld from the compensation

of an employee pursuant to paragraph (c) of subsection 2, the State

Controller shall:

(a) Give written notice to the employee of the State Controller’s

intent to withhold such amounts from the compensation of the

employee; and

(b) If requested by the employee within 10 working days

after receipt of the notice, conduct a hearing and allow the employee

the opportunity to contest the State Controller’s determination

to withhold such amounts from the compensation of the

employee.

If the overpayment was not obtained by the employee’s fraud or

willful misrepresentation, any withholding from the compensation

of the employee must be made in a reasonable manner so as not to

create an undue hardship to the employee.

4. The State Controller may adopt such regulations as are

necessary to carry out the provisions of this section.

Sec. 36. NRS 321.030 is hereby amended to read as follows:

321.030 The State Land Registrar shall keep his office at the

seat of government, which office [shall] must be open for the

transaction of business [during] on the days and during the hours

[specified in] established pursuant to NRS 281.110.

Sec. 37. NRS 353C.220 is hereby amended to read as follows:

353C.220 1. If an agency determines that it is impossible or

impractical to collect a debt, the agency may request the State Board

of Examiners to designate the debt as a bad debt. The State Board of

Examiners, by an affirmative vote of the majority of the members of

the Board, may designate the debt as a bad debt if the Board is

satisfied that the collection of the debt is impossible or impractical.

The State Board of Examiners may delegate to its Clerk the

authority to designate an overpayment of salary to a current or

former state employee of not more than $50 as a bad debt. An

agency that is aggrieved by a denial of a request to designate such

an overpayment as a bad debt by the Clerk may appeal that denial

to the State Board of Examiners.

2. Upon the designation of a debt as a bad debt pursuant to this

section, the State Board of Examiners or its Clerk shall immediately

notify the State Controller thereof. Upon receiving the notification,

the State Controller shall direct the removal of the debt from the

books of account of the State of Nevada. A bad debt that is removed

pursuant to this section remains a legal and binding obligation owed

by the debtor to the State of Nevada.

3. If resources are available, the State Controller shall keep a

master file of all debts that are designated as bad debts pursuant to

this section. If such a file is established and maintained, for each

such debt, the State Controller shall record the name of the debtor,

the amount of the debt, the date on which the debt was incurred and

the date on which it was removed from the records and books of

account of the agency or the State of Nevada, and any other

information concerning the debt that the State Controller determines

is necessary.

Sec. 38. NRS 532.070 is hereby amended to read as follows:

532.070 1. The State Engineer shall keep his office at the

State Capital.

2. The State Engineer shall keep his office open to the public

on the days and during the hours [provided in] established pursuant

to NRS 281.110.

Sec. 39. NRS 607.040 is hereby amended to read as follows:

607.040 1. The Labor Commissioner [shall] must be

provided with properly furnished offices at the capital in

Carson City, Nevada.

2. The offices of the Labor Commissioner [shall] must be open

for business during the hours and on the days [as provided in]

established pursuant to NRS 281.110.

Sec. 40. NRS 284.285 is hereby repealed.

Sec. 41. A regulation adopted by the Department of Personnel

or the Director of the Department pursuant to chapter 284 of NRS

remains in effect as a regulation of the Personnel Commission until

amended or repealed by the Personnel Commission.

Sec. 42. This act becomes effective on July 1, 2003.

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