SB 31 — Makes various changes relating to the State Personnel System. (BDR 23-184)

S.B.Senate Bill No.

3131–Committee SENATEon BILLLegislative NOOperations .and Elections CHAPTER..........

31–COMMITTEE ON LEGISLATIVE O PERATIONS AND ELECTIONS (ON B EHALF OF THE D IVISION OFH UMAN R ESOURCE M ANAGEMENT OF THE D EPARTMENT OF ADMINISTRATION ) PREFILED N OVEMBER 16, 2018 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Makes various changes relating to the State Personnel System.

(BDR 23-184) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law authorizes the Personnel Commission to adopt regulations which provide for filling positions in the classified service of the Executive Department of the State Government without competition in the case of the appointment, uponrtmentupon of approval of the appointing authority, of a current employee with a disability to a position at or below the grade of his or her position if the employee:

and (2) becomes unable to perform the essentialaccommodation. functions of his or her position with or without reasonable (1) that the appointment be approved by the appointing authority;

(NRS 284.305) Section 1 of this bill removes the requirements:

(1) that the appointment be approved by the appointing authority;

or (3) unlawfully possess or consume anyExisting drugslaw whileauthorizes onan duty,official, atboard or commission that has the legal authority to make appointments to positions in the classified or unclassified service to request that an employee submit to a workscreening sitetest for alcohol or ondrugs stateunder property.certain circumstances.

(NRS 284.406)284.4065) - *SB31* – 2 – Existing law authorizesalso anrequires official,such boardan orappointing commissionauthority thatto hasscreen thean legalapplicant authorityfor toalcohol makeand appointmentsdrugs tobefore positionshiring in the classifiedapplicant orfor unclassifiedany serviceposition toof requestemployment that anaffects employeepublic submitsafety. to a screening test for alcohol or drugs under certain circumstances.

(NRS 284.4065)284.4066) ExistingTo lawdetect also requires such an appointing authority to screen an applicant for alcohol and drugs before hiring the applicant for the general presence of a controlled substance or other drug, existing law provides for the testing of a sample of a person’s urine.

(NRS 284.4061) Section 2 of this bill expands the types of samples for testing to detect the presence of a drug to include a sample of a person’s blood or other bodily substance.

EXPLANATION – Matter in bolded italics is new;

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

Except as otherwise provided in subsection 2, positions in the classified service may be filled without competition - 80th Session (2019) – 2 – only as provided in NRS 284.155, 284.300, 284.307, 284.309, 284.310, 284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and 284.3775.

The Commission may adopt regulations which provide for fillingcases positionsinvolving:s in the classified service without competition in cases(a) involving:The appointment [, upon approval of the appointing authority,] of a current employee with a disability to a position at or below the grade of his or her position if the employee [:

(a) The appointment [, upon approval of the appointing authority,] of a current employee with a disability to a position at or below the grade of his or her position if the employee [:

- *SB31* – 3 – (a) Breath or blood to detect the general presence of alcohol;

or (b) Urine , blood or other bodily substance to detect the general presence of a controlled substance or any other drug,drug,ect the general  which could impair that person’s ability to perform the duties of employment safely and efficiently.

- 80th Session (2019) – 3 – (1) Of whether the test will be for alcohol or drugs, or both;

and (3) That the employee may refuse the test, but that the employee’s refusal may result in the employee’s dismissal or in other disciplinary action being taken against the employee.employee.r in 2.

toAn aappointing screeningauthority testmay ifrequest the employee:request an employee to submit (a)to Is a lawscreening enforcementtest officerif and, during the performanceemployee: of by accident;’s duties, the employee discharges a firearm, other than (b) During the performance of the employee’s duties, drives a motor vehicle in such a manner as to cause bodily injury to the employee or another person or substantial damage to property;

(a) Is a law enforcement officer and, during the performance of the employee’s duties, the employee discharges a firearm, other than by accident;

(b) During the performance of the employee’s duties, drives a motor vehicle in such a manner as to cause bodily injury to the employee or another person or substantial damage to property;

(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 the employee’s expense an independent test of the employee’s urine , [or] blood or other bodily substance from a laboratory of the -Department *SB31*of –Health 4and –Human employee’sServices.the choiceUnited whichStates is(b) certifiedWithin bya reasonable time after an employee submits to a screening test to detect the Unitedgeneral Statespresence Departmentof alcohol, allow the employee to obtain at the employee’s expense an independent test of Healththe andemployee’s Humanblood Services.from a laboratory of the employee’s choice.

(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 the employee’s expense an independent test of the employee’s blood from a laboratory of the employee’s choice.

- 80th Session (2019) – 4 – Sec.

(b) To detect the general presence of alcohol or of a controlled substance or any other drug, must be administered in such a manner as 2.to protect the person tested from any unnecessary embarrassment.

prExcept2. as otherwise provided in subsection 3, a sample [of.

Except as otherwise provided in subsection 3, a sample [of urine] provided for use in a screening test must not be used for any providing the sample.

-(a) *SB31*Upon –passage 5and –approval for the purpose of adopting any regulations and performing any other preparatory administrativeyadministrative tasks that are necessary to carry out the provisions of this act;

H~~~~~ 19 - *SB31*80th Session (2019)