AB 274 — Revises provisions relating to governmental administration. (BDR 18-86)

(ReprintedAssembly withBill amendmentsNo. adopted on April 22, 2019) FIRST REPRINT A.B.

274274–Assemblymen ANeal; SSEMBLY B ILL NO .

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ORRES AND W ATTS M ARCH 15, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to governmental administration.

(BDR 18-86) FISCAL NOTE:

EfEffect on the State:

Yes.

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegTheLegislative NevadaCounsel’s EqualDigest: Rights Commission is created under existing law within the Department of Employment, Training and Rehabilitation.

(NRSThe 233.030)Nevada AmongEqual otherRights duties, the Commission accepts,is processescreated andunder resolvesexisting complaintslaw allegingwithin unlawfulthe discriminatorpracticesinDepartment employment,of housingEmployment, Training and publicRehabilitation. accommodations.

(NRS 233.157,233.030) 233.165,Among 233.170)other Withduties, certain exceptions, existing law makes any information gathered by the Commission inaccepts, theprocesses courseand ofresolves itscomplaints lawalleging authorizesaccommodations. the disclosure of such information to any governmental entity asting appropriate or necessary to carry out its duties.

(NRS 233.157, 233.165, 233.170) With certain exceptions,nd public existing law makes any information gathered by the Commission in the course of its investigation of an alleged unlawful discriminatory practice confidential.

Existing law authorizes the disclosure of such information to any governmental entity as appropriate or necessary to carry out its duties.

and (2) prohibits such staff from disclosing the information to other officers and employees of the Department of Employment, Trainingof andthe RehabilitationCommission unlessrelating to the disclosurecomplaint.osure is necessary to carry out the duties of Existing law encourages state and local governmental officers and employees to disclose action taken by a state or local governmental officer or employee in the performance of his or her official duties which is:

(1) a violation of a state law or -local *AB274_R1*ordinance; – 2 – thepublichealthor safety;

(2) an abuse of authority;

(3) of substantial and specific danger to thepublichealthor safety;

ExistinglawprotectsngerExistinglawprotects to the rights of a state or local governmental officer or employee who makes such a disclosure, commonly known as a whistleblower.

(NRS 281.611-281.671) Section 2 of this bill makes the placement of false information in the personnel file of a state action a form of reprisal or retaliatory action.scloses improper governmental Existing law prohibits a state or local governmental officer or employee whofrom disclosesusing improperor attempting to use his or her official authority or influence to intimidate, threaten, coerce, command or influence another state or local governmental actionofficer aor formemployee ofin reprisalan effort to interfere with or retaliatoryprevent the disclosure of information concerning improper governmental action.

Existing law prohibits a state or local governmental officer or employee from using or attempting to use his or her official authority or influence to intimidate, or employee in an effort to interfere with or prevent the disclosure of information concerning improper governmental action.

Section 2.5 also requires a state or local governmental officer or employee to use his or her official authority or influence to remedy any reprisal or retaliatory action of which the officer or employee becomes aware.

- 80th Session (2019) – 2 – Existing lawauthorizes a local government to enact byordinance procedures that provide greater protection to local governmental officers and employees against reprisal and retaliation for the disclosure of improper governmental action than the protections provided in existing law.

and (2) authorizes such procedures to provide greater protection than the protection providedprovExisting law authorizes a hearing officer who hears an appeal relating to a reprisal orretaliatoryaction against a state or local governmental officer or employee for disclosing improper government action to issue an order directing the proper person to desist and refrain from engaging in existingan law.action determined to be a reprisal or retaliatory action.

Existing(NRS law281.641, authorizes281.645) aSections hearing4 officerand who5 hearsofthis anbill appealauthorize relatingthe tofiling aof reprisalan orretaliatoryactionappeal againstwith a statehearing or local governmental officer or employee for disclosingviolations improperof governmentthe actionprovisions relating to issueuse anof orderofficial directingauthority theor properinfluence. retaliatory action.

(NRS 281.641, 281.645) Sections 4 and 5 ofthis bill authorize ther filing of an appeal with a hearing officer for violations of the provisions relating to use of official authority or influence.

Existing law requires certain persons to annually make available to each state or local governmental officer or employee a written summary of the provisions ofofstate or existing law concerning reprisal or retaliatory action against a state or local governmental officer or employee who discloses improper governmental action.

(1) developed by the Division of Human Resource Management of the Department of Administration and clearly explain the relevant provisions in existing law, including anyaction that a hearingofficer is authorized to take if the hearing officer determines thatcommencement reprisalof oremployment, retaliatoryin actionaddition wasto taken;being provided annually.

andSection (2)6s providedafter withinthe 30also daysauthorizes, afterin lieu of the commencementwritten summary, the viewing of employment,a invideo additionrecording todeveloped beingbythe providedDivision annually.of Human Resource Management that clearlyexplains the relevant provisions in existing law.

Section 6 also authorizes, in lieu of the written summary, the viewing of a video recording developed bythe Division of Human Resource Management that clearlyexplains the relevant provisions in existing law.

-EXPLANATION *AB274_R1* – 3Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

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

or - 80th Session (2019) – 3 – (b) Toanyother personifthe information is provided in a manner which does not include any information that may be used to identify the complainant, the party against whom the unlawful discriminatory practice is alleged or any person who provided information to the Com3.ssiExcept as otherwise provided in subsection 4, the Commission duringshall disclose information gathered pursuant to subsection 1 to the investigation.complainant and the party against whom the unlawful discriminatory practice is alleged if:

3.

Except as otherwise provided in subsection 4, the Commission shall disclose information gathered pursuant to subsection 1 to the complainant and the party against whom the unlawful discriminatory practice is alleged if:

(c)(b) Any informationinvestigative thatnotes mayor bereports usedmade toby identifythe aCommission. person who.

(c) Any information that may be used to identify a person who provided information to the Commission during the investigation and who has requested anonymity.

Such staff shall not disclose such information to the other officers and employees of the Department of Employment, Training and Rehabilitation, including, without limitation, supervisors and the Director of the Department, unless the disclosure is necessary to carry out thethethe duties of the Commission relating to the complaint.