Nevada 2021 Regular Session Status: Enacted 1 D cosponsors

SB 294 — Revises provisions governing collective bargaining by local government employers. (BDR 23-254)

Last action — Approved by the Governor. Chapter 306.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 22, 2021. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

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Bill Text

What changed in the latest version

217 added · 313 removed

217 line(s) added, 313 removed.

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(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT S.B.
Senate Bill No.
294 S ENATE B ILLN O.
294–Senator Cannizzaro CHAPTER..........
294–SENATOR C ANNIZZARO M ARCH 22, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing collective bargaining by local government employers.
(BDR 23-254) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Section 4 of this bill makes a conforming change by eliminating the authorization the State General Fund for expenses related to such panels.Contingency Account in Existing law establishes certain procedures and requirements applicable to the fact-finding process in negotiations between local government employers and recognized employee organizations representing firefighters and police officers.
Section 4 of this bill makes a conforming change by eliminating the authorization of the expenditure of funds from the Reserve for Statutory Contingency Account in the Existing law establishes certain procedures and requirements applicable to the fact-finding process in negotiations between local government employers and recognized employee organizations representing firefighters and police officers and between school districts and employee organizations representing teachers and educational support personnel.
(NRS 288.205, 288.215) Those procedures and requirements differ in certain respects from the procedures and requirements applicable to fact-finding in labor negotiations involving other local government employees.
(NRS 288.205, 288.215, 288.217) Those procedures and requirements differ in certain respects from the procedures and requirements applicable to fact-finding in labor negotiations involving other local government employees.
Section 1 of this bill employers which are cities and employee organizations which represent employees other than firefighters and police officers.
Section 2 of this bill makes changes applicable only to labor disputes support personnel.
Specifically, if a city and such an employee organization do not agree on whether to make the findings and recommendations of a fact finder final and binding, section 1 allows either party to the dispute to submit the findings and recommendations of the fact finder to a - *SB294_R1* – 2 – second fact finder to serve as an arbitrator and issue a decision which is final and binding on the parties.
Specifically section 2 provides that unless the parties to thel dispute agree to make the findings and recommendations of a fact finder final and binding, either party may submit the findings and recommendations of the fact finder to a second fact finder to serve as an arbitrator and issue a decision which is final and binding on the parties.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Chapter 288 of NRS is hereby amended by adding thereto a new section to read as follows:
(Deleted by amendment.) Sec.
In the case of an employee organization and a local government employer which is a city and to which NRS 288.215 does not apply, the following departures from the provisions of NRS 288.200 apply:
1.
If the parties do not agree on whether to make the findings and recommendations of the fact finder final and binding, either party may request the submission of the findings and recommendations of the fact finder on all or any specified issues in a particular dispute which are within the scope of subsection 10 of NRS 288.200 to a second fact finder to serve as an arbitrator and issue a decision which is final and binding.
2.
The parties shall select a second fact finder to serve as an arbitrator pursuant to subsection 1 using the process established in subsection 2 of NRS 288.200.
Sec.
and 2.
and - 81st Session (2021) – 2 – 2.
A written report is issued by the fact finder describing the issues involved , making findings and setting forth recommendations for settlement which may or may not be binding .
A written report is issued by the fact finder describing the issues involved, making findings and setting forth recommendations for settlement which may or may not be binding.
[as provided in NRS 288.200.] Sec.
[as provided in NRS 288.200.] 288.200 NExcept in cases to which NRS 288.205 and 288.215, or NRS 288.217 apply:
2.
NRS 288.200 is hereby amended to read as follows:
288.200 Except in cases to which NRS 288.205 and 288.215, or NRS 288.217 or section 1 of this act apply:
The - *SB294_R1* – 3 – mediator of a dispute may also be chosen by the parties to serve as the fact finder.
The mediator of a dispute may also be chosen by the parties to serve as the fact finder.
Within 5 days after receiving a list from the applicable arbitration service, the parties shall select their fact finder from this list by alternately striking one name until the name of only one fact finder remains, who will be the fact finder to hear the dispute in question.
Within 5 days after receiving a list from the applicable arbitration service, the parties shall select their fact finder one fact finder remains, who will be the fact finder to hear thef only dispute in question.
The parties to the dispute may agree, before the submission of the dispute to fact-finding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
The parties to the dispute may agree, before the submission of the dispute to fact-finding, to make the findings and - 81st Session (2021) – 3 – the parties.ons on all or any specified issues final and binding on 6.
6.
If [the] parties to whom the provisions of NRS 288.215 and 288.217 do not apply do not agree on whether to make the findings and recommendations of the fact finder final and binding, either party may request the [formation of a panel to determine whether] submission of the findings and recommendations of a fact finder on all or any specified issues in a particular dispute which are within the scope of subsection 11 [are to be] to a second fact finder to serve as an arbitrator and issue a decision which is final and binding.
[If the parties do not agree on whether to make the findings and recommendations of the fact finder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a fact finder on all or any specified issues in a particular dispute which are within the scope of subsection 11 are to be final and binding.
[The determination must be made upon the concurrence of at least two members of the panel and not later than the date which is 30 days after the date on which the matter is submitted to the panel, unless that date is extended by the Commissioner of the Board.
The determination must be made upon the concurrence of at least two members of the panel and not later than the date which is 30 days after the date on which the matter is submitted to the panel, unless that date is extended by the Commissioner of the Board.
Any panel may also consider the actions taken by the parties in response to any previous fact-finding between these parties, the best interests of the State and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the State or a political subdivision.
Any panel previous fact-finding between these parties, the best interests of the State and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the State or a political subdivision.] The second fact finder must be selected in the manner provided in subsection 2 and has the powers provided for fact finders in NRS 288.210.
- *SB294_R1* – 4 – 7.] Except as otherwise provided in subsection [10, any] 9, any fact finder, whether the fact finder’s recommendations are to be binding or not, shall base such recommendations or award on the following criteria:
The procedures for the arbitration of a dispute prescribed by subsections 8 to 13, inclusive, of NRS 288.215 apply to the submission of a dispute to a second fact finder to serve as an arbitrator pursuant to this subsection.
(a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
7.
Except as otherwise provided in subsection 10, any fact finder, whether the fact finder’s recommendations are to be binding or not, shall base such recommendations or award on the following criteria:
(a) A preliminary determination must be made as to the financial available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
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(b) Once the fact finder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, and subject to the provisions of paragraph (c), the fact finder shall consider, to the extent appropriate, compensation of other government employees, both in and out of the State and use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and the fact finder shall consider whether the Board found that either party had bargained in bad faith.
- 81st Session (2021) – 4 – (b) Once the fact finder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, and subject to the provisions of paragraph (c), the fact finder shall consider, to the extent appropriate, the State and use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and the fact finder shall consider whether the Board found that either party had bargained in bad faith.
[8.] 7.
8.
Within 45 days after the receipt of the report from the fact finder, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter 241 of NRS.
Within 45 days after the receipt of the report from the fact finder, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter of NRS.
and (c) The overall fiscal impact of the findings and recommendations, which must not include a discussion of the details of the report.
and (c) The overall fiscal impact of the findings and of the report.s, which must not include a discussion of the details The fact finder must not be asked to discuss the decision during the meeting.
- *SB294_R1* – 5 – The fact finder must not be asked to discuss the decision during the meeting.
9.
[9.] 8.
[10.] 9.
10.
or (b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount, must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the fact finder.
or (b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount, - 81st Session (2021) – 5 – government employer and must not be used to pay any monetaryf a local benefits recommended or awarded by the fact finder.
[11.] 10.
11.
11.
12.
Except for the period prescribed by subsection 7, any time limit prescribed by this section may be extended by agreement of the parties.
Except for the period prescribed by subsection 8, any time limit prescribed by this section may be extended by agreement of the parties.
353.264 1.
is hereby created in the State General Fund.ingency Account 2.
The Reserve for Statutory Contingency Account is hereby created in the State General Fund.
2.
(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and - *SB294_R1* – 6 – Natural Resources directly involving the protection of life and property;
(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property;
and (2) NRS 7.155, 34.750, 176A.640, 179.225 and 213.153, except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;
and (2) NRS 7.155, 34.750, 176A.640, 179.225 and 213.153, listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;
(d) The payment of claims which are obligations of the State pur(e) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.
(d) The payment of claims which are obligations of the State pursuant to NRS 41.950;
3.
and - 81st Session (2021) – 6 – (e) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.
The State Board of Examiners may authorize its Clerk or a person designated by the Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account.
person designated by the Clerk, under such circumstances as ita deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account.
TEXT OF REPEALED SECTIONS 288.201 Request for formation of panel to determine whether findings and recommendations of fact finder are final and binding.
~~~~~ 21 - 81st Session (2021)
Any request for the formation of a panel to determine whether the findings and recommendations of a fact finder must be final and binding must be filed with the Commissioner.
The request must include:
1.
A list of the issues which remain unresolved and the position of each party regarding those issues;
2.
The requester’s assessment of the fiscal effect on the local government of the requester’s positions;
- *SB294_R1* – 7 – which includes any recommendations and awards of a fact finderrties, and the actions of each party in response thereto;
4.
A statement of whether the parties engaged in mediation regarding the current dispute;
5.
A schedule of the dates and times set by the fact finder for the hearing;
and 6.
Any other information deemed necessary by the Commissioner.
 Any person filing such a request shall give written notice of the request to the Nevada State Board of Accountancy and the State Bar of Nevada.
288.202 Formation of panel to determine whether findings and recommendations of fact finder are final and binding.
1.
Within 5 days after receiving notice of such a request, the Nevada State Board of Accountancy and the State Bar of Nevada shall each submit to the Commissioner and each party to the dispute and are not closely allied with any employee association or localel government employer.
2.
Within 8 days after receiving the lists, the parties shall choose one name from each list by alternately striking one name until the names of only one attorney and one accountant remain, who will each be a member of the panel.
The parties shall choose the member from the list of accountants separately from their choice from the list of attorneys.
The parties shall notify the Commissioner of their selections and the Commissioner shall notify the attorney and accountant selected.
3.
Within 5 days after receiving notice of their selection, the attorney and accountant shall:
(a) Choose the third member of the panel, who must:
(1) Be willing to serve on the panel;
(2) Be a resident of this State;
and local government employer.allied with any employee organization or (b) Notify the Commissioner of their choice, and the three members shall, within 5 days after selecting the third member of the panel, notify the Commissioner of the dates when they will all be available to attend hearings.
4.
The Commissioner shall serve as a nonvoting member and also as the chair of the panel.
5.
If the accountant or attorney selected to serve on the panel is unable to do so, the Nevada State Board of Accountancy or State Bar of Nevada shall designate a person to replace its nominee.
If the person selected by the accountant and attorney is unable to serve, - *SB294_R1* – 8 – the accountant and attorney shall designate another person as a replacement.
If the Commissioner is unable to serve, the Governor sha288.203gnaCompensation of members of panel;
claims.s capacity.
1.
Each person, except the Commissioner, who serves on a panel formed pursuant to NRS 288.201 is entitled to receive as compensation:
(a) One hundred fifty dollars for each day the person is engaged in the business of the panel;
and state officers and employees generally.l expenses provided for 2.
All claims which arise pursuant to this section must be paid from the Reserve for Statutory Contingency Account upon approval by the Commissioner and the State Board of Examiners.
H - *SB294_R1*
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Amendments

3 amendments

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Action History

  1. Approved by the Governor. Chapter 306.

  2. Enrolled and delivered to Governor.

  3. In Senate. Assembly Amendment No. 527 concurred in. To enrollment.

  4. From printer. To reengrossment. Reengrossed. Third reprint. Read third time. Passed, as amended. Title approved. (Yeas: 26, Nays: 15, Absent: 1.) To Senate.

  5. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 527.) To printer.

  6. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly.

  8. Read third time. Amended. (Amend. No. 475.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved. (Yeas: 12, Nays: 9.) To printer.

  9. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 166.) To printer.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor
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Frequently asked questions

Who sponsors SB 294?
SB 294 is sponsored by Cannizzaro, Nicole J. (Democratic).
What is the current status of SB 294?
This bill has been enacted into law. Introduced March 22, 2021. Enacted.
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