Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB385 309 Amendment No.
385–Assemblywomen309 Benitez-ThompsonAssembly andAmendment Brittneyto MillerAssembly CHAPTER..........Bill No.
385 (BDR 23-52) Proposed by:
Assembly Committee on Government Affairs Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
KRO/EGO - Date:
4/18/2021 A.B.
No.
385—Revises provisions relating to compensation received by public officers and employees.
(BDR 23-52) Page 1 of 5 *A_AB385_309* Assembly Amendment No.
309 to Assembly Bill No.
385 Page 3 ASSEMBLY BILL NO .
385–ASSEMBLYWOMEN B ENITEZ-THOMPSON AND BRITTNEY M ILLER M ARCH 23,2021 _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to compensation received by public officers and employees.
(BDR 23-52) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
[prohibiting] revising provisions relating to the compensation received by officers and employees of certain public bodies;bodies ;
and[from providingreceiving othercertain matterspayments properlyor relatingbenefits thereto.upon termination of employment;
establishing the maximum allowed salaries for officers and employees of certain public bodies;
including merit-based salary increases and allowances for transportation in the calculation of such an officer or employee’s salary for certain purposes;] and providing other matters properly relating thereto.
[Section 1 of] With certain exceptions, this bill [provides that,] prohibits a public body from entering into an employment contract that entitles an officer or employee of the publicauthorizing bodyall persons employed in a similar position to receive:receive the benefit;
(1)(2) anyanyolicy fringebonus, benefit, unless the publicbonus bodyis hasbased adoptedon amerit policyand authorizingawarded allat persons employed in a similarpublic positionmeeting; to receive the benefit;
(2)and any(3) certain wages or other payments upon the termination of the employment of thed[an] (3)the officer or employee [of a public body, except an] for cause or resignation of the officer or employee when an investigation relating to his or her employment is pending.
This bill exempts from these requirements employment contracts for officers and employees of the Nevada System of Higher Education and[, employmentthe contractsperson thatmust arenot negotiatedreceive pursuantfrom tothe aemployer collectiveany: bargaining agreement.
For(1) thewages purposesin lieu of thisnotice bill,or theadministrative termleave; “public body” has the same meaning as in the Open Meeting Law.
(NRS(2) 241.015)salary, EXPLANATIONbenefits –or Matterequivalent incompensation, boldedincluding italicsseverance ispay; new;
matter(3) betweenbonus; brackets [omitted material] is material to be omitted.
THEor PEOPLE(4) OFother THEform STATEof OFpayment. NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Existing law provides that the salary of certain state employees must not exceed 95 percent of the salary for the Office of Governor.
(NRS 281.123) Section 2 of this bill provides that the salary of an officer or employee of a public body whose salary is not subject to this limitation, except an officer or employee of the Nevada System of Higher Education, must not exceed 150 percent of the salary for the Office of Governor.
Section 2 also revises the salary based on merit, including bonuses;
and (2) allowance for transportation.] and) increases in employment contracts that are negotiated pursuant to a collective bargaining agreement.
Assembly Amendment No.
309 to Assembly Bill No.
385 Page 4 Meeting Law.
(NRS 241.015)s bill, the term “public body” has the same meaning as in the Open THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Except as otherwise provided in this section, [upon the termination of the] a public body shall not enter into an employment [of] contract that entitles an officer or employee of [a] the public body [, the person must not] to receive:receive :
[from the employer any:] (a) Any fringe benefit, unless the public body has adopted a policy authorizing all persons employed by the public body in a similar position to receive the benefit.
-[(b)] 81st Session (2021) – 2 – (2) Salary, benefits or equivalent compensation, including, without limitation, severance pay;
[(c)] (3) Bonus;
or [(d)] (4) Other form of payment.
(a) Must be paid for any portion of accumulated annual leave and compensatory time and unused sick leave authorized by law [.] or policy of the public body.
(b) Remains entitled to any pension or retirement benefit provided by the Public Employees’ Retirement System or other ret3.retirement or pension program of which he or she is a member.
Nothing3. in this section shall be construed to limit or.
prohibit:Nothing in this section shall be construed to limit or prohibit [a] :
[(a)] (1) Receiving compensation for past services upon his or her termination;
[(b)] (2) Bringing any cause of action for wrongful or unlawful acts committed against the person relating to his or her employment or termination;
or [(c)] (3) Accepting any legal or equitable relief awarded or recovered for wrongful or unlawful acts committed against the person relating to his or her employment or termination.
The provisions of this section do not apply to:to [officers] :
Sec.Assembly Amendment No.
309 to Assembly Bill No.
385 Page 5 Sec.
(Deleted[NRS by281.123 amendment.)is Sec.hereby amended to read as follows:
281.123 1.
Except as otherwise provided in subsection [3] 5 or NRS 281.1233, or as authorized by statute referring specifically to that position, the salary of a person employed by the State or any agency of the State must not exceed 95 percent of the salary for the office of Governor during the same period.
2.
The salary of an officer or employee of a public body whose salary is not subject to the limitations prescribed in subsection 1 must not exceed 150 percent of the salary for the Office of Governor during the same period.
TheA amendatoryperson provisionswhose ofsalary thisis actsubject do not apply to athe contractlimitations enteredprescribed intoin beforethis Decembersection: 1, 2022, but do apply to any renewal or extension of such a contract.
Sec.(a) Is entitled to receive a salary, any pension or retirement benefit provided by the Public Employees’ Retirement System or other retirement or pension system of which he or she is a member and any health care benefits provided by his or her employer;
and (b) Must not receive any other salary or benefit for services provided.
ThisAs actused becomesin effective[subsection on1, Decemberthe] 1,this 2022.section;
~~~~~(a) 21“Public -body” 81sthas Sessionthe (2021)meaning ascribed to it in NRS 241.015.
(b) The term “salary”:
[(a)] (1) Includes any:
[(1)] (I) Payment received by an employee for being available to work although the employee was not actually required to perform the work;
[(2)] (II) Increase in salary provided to compensate for a rise in the cost of living;
[and (3)] (III) Increase in salary based on merit, including, without limitation, bonuses;
(IV) Payment received as compensation for purportedly performing additional duties [.] ;
and (V) Allowance for transportation provided to the officer or employee pursuant to NRS 281.160.
[(b)] (2) Excludes any:
[(1)] (I) Payment received as compensation for overtime even if that payment is otherwise authorized by law;
and [(2)] (II) Rent or utilities supplied to an employee if the employee is required by statute or regulation to live in a particular dwelling.
[3.] 5.
The provisions of [subsection 1] this section do not apply to the salaries of:
(a) Dentists and physicians employed full-time by the State;
or (b) Officers and employees of the Nevada System of Higher Education.] (Deleted by amendment.) Sec.
3.
The amendatory provisions of [sections 1 and 2 of] this act do not apply to a contract entered into before October 1, 2021, but do apply to any renewal or extension of such a contract.