SB 50 — Revises provisions governing the temporary limited appointment of persons with disabilities by state agencies. (BDR 23-230)

(ReprintedSenate withBill amendmentsNo. adopted on May 30, 2019) SECOND REPRINT S.B.

5050–Committee Son ENATELegislative BOperations ILLNand O.Elections CHAPTER..........

50–COMMITTEE ON LEGISLATIVE OPERATIONS AND ELECTIONS (ON BEHALF OF THE REHABILITATION D IVISION OF THE D EPARTMENT OF EMPLOYMENT , T RAINING AND REHABILITATION ) PREFILED N OVEMBER 19, 2018 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions governing the temporary limited appointment of persons with disabilities by state agencies.

(BDR 23-230) 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.

With limited exceptions, existing law requires agencies of the Executive Department of the State Government to make temporary limited appointments of persons with disabilities who are certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to certain positions in state service for a period not to exceed 700 hours.

For purposes of temporary limited appointments, existing law requires a person with a disability who is certified by the Rehabilitation Division to:

(1) possess the training and skills perform,necessary withfor orthe withoutposition accommodation,for which the essentialperson functionsis ofcertified; that position.

and (2) be able to perform, with or without accommodation, the essential functions of that position.

Existing law prohibits an appointing authority from making a temporary limited appointment of a certified person with a disability if the certified person with a disability currently receives benefits from the agency of the Executive Department of the State Government in which the position exists.

(NRS 284.327) Section 1 of this bill removes this prohibition and requires that the receipt of such benefits by a certified person with a disability not be deemed to create an actual or potential by a conflict of interest for purposes of the additional prohibition in existing law against - *SB50_R2* – 2 – an appointing authority making a temporary limited appointment in circumstances where an actual or potential conflict of interest would be created between the certified person with a disability and the agency in which the position exists.

EXPLANATION – Matter in bolded italics is new;

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

Except as otherwise provided in subsection 4, if an appointing authority has a position available and the position is not required to be filled in another manner pursuant to this chapter, to assist persons with disabilities certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, the appointing authority shall, if possible, make a temporary limited appointment of a certified person with a disability - 80th Session (2019) – 2 – for a period not to exceed 700 hours notwithstanding that the position so filled is a continuing position.

3.appointing authority’s request for a list of eligibility on which the names of one or more certified persons with disabilities appear.

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.

For the purposes of this subsection, the receipt of benefits by the certified person with the disability from the agency of the Executive Department of the - *SB50_R2* – 3 – State Government in which the position exists shall not be deemed to create an actual or potential conflict of interest between the certified person with the disability and the agency.agency.t between the 5.

5.

- 80th Session (2019) – 3 – (a) A person with a disability if the person is available and eligible for permanent employment.

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’sempSec. probationary period.

Sec.

H~~~~~ 19 - *SB50_R2*80th Session (2019)