Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(82nd) A AB224 117 Amendment No.
224–Assemblymen117 Peters,Assembly Watts,Amendment Bilbray-to Axelrod,Assembly Anderson,Bill LaNo. Rue Hatch;
Brown-May,224 Carter,(BDR Cohen,23-155) Considine,Proposed D’Silva,by: Duran, González, Gorelow, Hibbetts, Jauregui, Koenig, Marzola, Brittney Miller, C.H.
Miller,Assembly Monroe-Moreno,Committee Nguyen,on Orentlicher,Government Summers-Affairs Armstrong,Amends: Taylor, Thomas, Torres and Yeager Joint Sponsors:
SenatorsSummary: Nguyen;
DonateNo andTitle: Pazina CHAPTER..........
No 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.
DP/AAK - Date:
4/16/2023 A.B.
No.
224—Revises provisions governing collective bargaining.
(BDR 23-155) Page 1 of 32 *A_AB224_117* Assembly Amendment No.
117 to Assembly Bill No.
224 Page 3 A SSEMBLY BILL N O.
224–A SSEMBLYMEN PETERS, W ATTS, B ILBRAY-AXELROD , A NDERSON , A R UE HATCH ;
ROWN -MAY , ARTER , COHEN, CONSIDINE, D’S ILVA, DURAN, GONZÁLEZ , GORELOW , HIBBETTS, AUREGUI , KOENIG, M ARZOLA , RITTNEY M ILLER, C.H.
ILLER, MONROE -M ORENO, NGUYEN , O RENTLICHER, SUMMERS -ARMSTRONG , TAYLOR , HOMAS , ORRES AND Y EAGER F EBRUARY 23, 2023 _______________ JOINT SPONSORS:
SENATORS NGUYEN ;
DONATE AND PAZINA _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing collective bargaining.
(BDR 23-155) 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.
making appropriations;
employersExisting andlaw localauthorizes governmentcollective employees;bargaining between:
and(1) (2)local thegovernment Stateemployers and certainlocal statetgovernment employees.employees;
and (2) the State and certain state employees.
Section 5 of this bill defines “state professional employer” to mean a board, commission or similar body within the Executive Department of the State Government, including, without limitation, the Board of Regents of the University of Nevada, that employs 400Assembly orAmendment employee”No. to mean a person who, with various exceptions, is employed by a state professional employer and who is:
117 to Assembly Bill No.
224 Page 4 400 or more professional employees.
Section 13 of this bill defines “professional employee” to mean a person who, with various exceptions, is employed by a state professional employer and who is:
Sections 2, 57 and 59 of this bill expand the powers and duties of the Government Employee-Management Relations Board to include hearing and employees.isputesdeciding disputes between statestatSection professional employers and professional Section 17 of this bill sets forth certain legislative findings and declarations.
Section 18 of this bill authorizes professional employees to organize, form, join and assist professional organizations and engage in collective bargaining activity or - 82nd Session (2023) – 2 – refrain from engaging in such activity.
Sections 19 and 58 of this bill set forth the conditions under which a state professional employer is authorized to withdraw such recognition.
Section 24 of this bill authorizes, with certain conditions, a professional employee to act for himself or herself with respect to conditions of his or her employment.
Section 20 of thisthist bill establishes certain rights of professional organizations.
Section 2521 of this bill requiresrequires, aupon professionalrequest employeeby whoan couldexclusive berepresentative, subjecta tostate certainprofessional adverseemployer employmentto actionsfurnish to bethe affordedrepresentative thecertain rightpersonal tocontact beinformation representedrelating unlessto theeach professional employee waives,represented inby writing,the thatrepresentative. right.
Section 25 of this bill requires a professional employee who could be subject to certain adverse employment actions to be provided with certain notice and afforded certain rights.
(1) require the Board to verify each showing of interest filed by a professional organization against showingthe ofemployment interestrecords byof a professional employee or a petition requesting an election relating to exclusive representation submitted to the Boardstate isprofessional confidentialemployer; and not a public record.
and (2) provide that a showing of interest by a professional employee or a petition confidential and not a public record.clusive representation submitted to the Board is Section 32 of this bill requires each state professional employer that has recognized one or more professional organizations and each professional organization to file certain reports with the Board annually.
Section 36 further requires a state professional employer to comply with reasonable requests to furnish certain data to the exclusive representative.representative .
[upon request.] Section 39 of this bill authorizes a professional organization to be represented by a licensed attorney in negotiationsnegoSections with37, 38, 41 and 42 of this bill set forth various requirements and limitations relating to the provisions of a statecollective professionalbargaining employer.agreement.
limitationsSection relating64 toof this bill provides that in the event of a conflict between certain policies and procedures for personnel adopted by the Board of Regents of the University of Nevada and the provisions of a collective bargaining agreement.agreement, the provisions of the collective bargaining agreement prevail.
Section of this bill provides that in the event of a conflict between certain policies and procedures for personnel adopted by the Board of Regents of the University of Nevada and the provisions of a collective bargaining agreement, the provisions of the collective bargaining agreement prevail.
Sections 46 and 63 of this bill provide that certain meetingsAssembly convenedAmendment forNo. the purpose of - 82nd Session (2023) – 3 – collective bargaining and resolving disputes relating to collective bargaining are exempt from the provisions of existing law requiring open and public meetings of public bodies.
between117 stateto professionalAssembly employersBill andNo. exclusive representatives.ration of disputes Section 47 of this bill prohibits certain practices in the context of collective bargaining.
224 Page 5 meetings convened for the purpose of collective bargaining and resolving disputes relating to collective bargaining are exempt from the provisions of existing law requiring open and public meetings of public bodies.
state professional employers and exclusive representatives.nd arbitration of disputes between Section 47 of this bill prohibits certain practices in the context of collective bargaining.
(NRS 288.139, 288.475) Section 50 of this bill requires the Board to assess a similar fee onbargaining eachunit statethat professionalhad employeran basedexclusive onrepresentative in the numberfirst ofpay professionalperiod employeesof inthe a immediately preceding year.
exclusive representative in the first pay period of the Sections 51 and 52 of this bill authorize:
Sections 56 and 60 of this bill revise provisions of existing law prohibiting strikes against the State or a localof governmentalso employerprohibiting strikes by ana employeeprofessional organizationorganization.bor or labor organization for the purpose Sections 4, 5 and 7-16 of alsothis prohibitingbill strikesdefine bycertain awords professionaland organization.terms applicable to the provisions of this bill.
the provisions of this bill.
Section 53 of this bill makes a conforming change to indicate the proper placement of sections 4 and 5 in the Nevada Revised Statutes.
Sections 65.3 and 65.5 of this bill make appropriations to the Interim Finance Committee for allocation to the Nevada System of Higher Education and to the Office of the Attorney General for personnel and certain other expenses associated with the changes relating to collective bargaining in this bill.
- 82nd Session (2023) – 4 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and (5) Except as otherwise provided in NRS 288.545 [,] and section 22 of this act, employee organizations , [and] labordlabor organizations [.] and professional organizations.
(b)Assembly May,Amendment inNo. accordance with an agreement entered into pursuant to NRS 701A.450 between the Director of the Office of Energy and the officer or employee specifying amounts, withhold those amounts and pay them to the Director of the Office of Energy for credit to the Renewable Energy Account created by NRS 701A.450.
117 to Assembly Bill No.
224 Page 6 (b) May, in accordance with an agreement entered into pursuant to NRS 701A.450 between the Director of the Office of Energy and the officer or employee specifying amounts, withhold those amounts and pay them to the Director of the Office of Energy for credit to the Renewable Energy Account created by NRS 701A.450.
and (b) A place, other than a bathroom, that is reasonably free from dirt or pollution, protected from the view of others and free from intrusion by others where the employee may express breast milk.rommilk. 2.
If2. the public body determines that complying with the provisions of subsection 1 will cause an undue hardship considering - 82nd Session (2023) – 5 – the public body may meet with the employee to agree upon a public body, reasonable alternative.
If the public body determines that complying with the provisions of subsection 1 will cause an undue hardship considering the size, financial resources, nature and structure of the public body, the public body may meet with the employee to agree upon a reasonable alternative.
body4. to comply with the provisions of this section may:a public (a) If the employee is employed by the Executive Department of State Government, is not an employee of an entity described in NRS 284.013 and is not an employee in a bargaining unit pursuant to NRS 288.400 to 288.630, inclusive, or sections 6 to 52, inclusive, of this act, file a complaint with the Employee-Management Committee in accordance with the procedures provided pursuant to NRS 284.384;
An employee who is aggrieved by the failure of a public body to comply with the provisions of this section may:
(a) If the employee is employed by the Executive Department of State Government, is not an employee of an entity described in NRS 284.013 and is not an employee in a bargaining unit pursuant to NRS 288.400 to 288.630, inclusive, or sections 6 to 52, inclusive, of this act, file a complaint with the Employee- Management Committee in accordance with the procedures provided pursuant to NRS 284.384;
and (d) If the employee is employed by a political subdivision of this State or any public or quasi-public corporation organized under the laws of this State or if the employee is employed by the ExecutiveeExecutive Department of State Government and is an employee in a bargaining unit pursuant to NRS 288.400 to 288.630, inclusive, or sectionsAssembly 6Amendment toNo. 52, inclusive, of this act, file a complaint with the Government Employee-Management Relations Board in the manner set forth in NRS 288.115.
117 to Assembly Bill No.
224 Page 7 sections 6 to 52, inclusive, of this act, file a complaint with the Government Employee-Management Relations Board in the manner set forth in NRS 288.115.
-6. 82nd Session (2023) – 6 – (a) The State of Nevada, or any agency, instrumentality or corporation thereof;
As used in this section, “public body” means:
(a) The State of Nevada, or any agency, instrumentality or corporation thereof;
or (c) Any political subdivision of this State or any public or quasi-quasi-public public corporation organized under the laws of this State, including, without limitation, counties, cities, unincorporated towns, school districts, charter schools, hospital districts, irrigation districts and other special districts.
and employees,2. including, without limitation, in collective bargaining with state professional employers.
Provides the service of representation to professional employees, including, without limitation, in collective bargaining with state professional employers.
employees recognized by a state professional employer as having sufficient community of interest for representation by a professional organization for the purpose of collective bargaining.
8.
“Bargaining unit” means a group of professional employees recognized by a state professional employer as having sufficient community of interest for representation by a professional organization for the purpose of collective bargaining.
Sec.
- 82nd Session (2023) – 7 – Sec.
Represent all the professional employees within a bar2.inEngage in collective bargaining withunit; a state professional employer pursuant to sections 6 to 52, inclusive, of this act concerning wages, hours and other terms and conditions of employment for those professional employees.
and 2.
Engage in collective bargaining with a state professional employer pursuant to sections 6 to 52, inclusive, of this act concerning wages, hours and other terms and conditions of employment for those professional employees.
Sec.Assembly Amendment No.
117 to Assembly Bill No.
224 Page 8 Sec.
(a) A chief administrative officer, the chief administrative officer’s deputy and immediate assistants, department heads and their deputies and immediate assistants, appointed officials and others who are primarily responsible for formulating and(b)and Administratorsadministering ofmanagement anpolicies academicand institution,programs; including, without limitation:
(b) Administrators of an academic institution, including, without limitation:
(a) A professional employee shall not be deemed a managerial employee solely because the professional employee participates in decisions with respect to courses, curriculum, personnel or other -matters 82ndof Sessioneducational (2023)policy – 8 – mechanisms or peer review.icy through shared governance (b)mechanisms A chair or headpeer ofreview. a department or similar academic unit or program who performs the duties described in paragraph (a) primarily on behalf of the members of the academic unit or program shall not be deemed a managerial employee solely because of those duties.
(b) A chair or head of a department or similar academic unit or program who performs the duties described in paragraph (a) primarily on behalf of the members of the academic unit or program shall not be deemed a managerial employee solely because of those duties.
(c) A person who is employed by the Nevada System of Higher Educat(1)Education: In the classified service of the State;
(1) In the classified service of the State;
(j)(i) A temporary,confidential intermittentemployee; or seasonal worker who is employed for less than 90 calendar days in a period of 365 calendar days;
(k)(j) A commissionedtemporary, officerintermittent or anseasonal enlistedworker memberwho ofis theemployed Nevadafor Nationalless Guard;than 90 calendar days in a [365-day] period [;] of 365 calendar days;
Assembly Amendment No.
117 to Assembly Bill No.
224 Page 9 (k) A commissioned officer or an enlisted member of the Nevada National Guard;
“Recognition” or “recognized” means the formal acknowledgment by a state professional employer that a particular - 82nd Session (2023) – 9 – professional organization has the right to represent professional employees of the state professional employer.
“Showing of interest” means written or electronic documentation that provides evidence of the membership of a professional employee in or his or her support for a professional organization for the purpose of exclusive representation.
or (b) Has the authority to adjust grievances, apply established personnel policies and procedures, enforce the provisions of a collective bargaining agreement or effectively recommend such action, if the exercise of the duties or authority described in paragraph (a) or (b) is not of a merely routine or clerical nature but requires the use of independent judgment and occupies a regular and sig2.fiWithsignificant respectportion to professional employees of anthe academicemployee’s institution:workday.
2.
With respect to professional employees of an academic institution:
- 82nd Session (2023) – 10 – (a) Promote harmonious and constructive relations between state professional employers and their professional employees;
and (b) Increase the efficiency of state professional employers.employers .
enact[; provisions:efore in the public interest that the Legislature (a) Granting certain professional employees the right to associate with others in organizing and choosing exclusive representatives for the purpose of engaging in collective bargaining;
(b)and Requiring(c) stateProvide professionalthe employersmeans toby recognizewhich professionalrelations organizationsbetween andstate toprofessional negotiateemployers wages,and hourstheir andprofessional otheremployees termsare andcarried conditionsout ofin employmentan withatmosphere exclusivewhich representativespermits andthe tofullest enterparticipation intoby writtenprofessional agreementsemployees evidencingin the resultdetermination of collectiveconditions bargaining;of employment that affect them.] 2.
It is therefore in the public interest that the Legislature enact provisions:
(a) Granting certain professional employees the right to associate with others in organizing and choosing exclusive representatives for the purpose of engaging in collective bargaining;
(b) Requiring state professional employers to recognize professional organizations and to negotiate wages, hours and other terms and conditions of Assembly Amendment No.
117 to Assembly Bill No.
224 Page 10 employment with exclusive representatives and to enter into written agreements evidencing the result of collective bargaining;
(b) It is a purpose of sections 6 to 52, inclusive, of this act to preserve and encourage the practice and mechanisms of shared governance with respect to professional employees of public ins(c)institutions The provisions of sectionshigher 6education toin 52, inclusive, of this actState; are not intended to restrict, limit or prohibit the full exercise of the functions of faculty in any shared governance mechanism or practice, including, without limitation, the establishment and function of faculty senates and the principle of peer review in the appointment, retention and tenure of faculty in an institution of higher education.
and (c) The provisions of sections 6 to 52, inclusive, of this act are not intended to restrict, limit or prohibit the full exercise of the functions of faculty in any shared governance mechanism or practice, including, without limitation, the establishment and function of faculty senates and the principle of peer review in the appointment, retention and tenure of faculty in an institution of higher education.
- 82nd Session (2023) – 11 – 2.
Professional employees have the right to communicate with one another and with representatives of professional organizations concerning organization, representation, issues in the workplace, collective bargaining and the business and programs of a professional organization, including, without limitation, communicating by means of electronic mail, text messages and other electronic communications, telephone, paper documents and other means of communications of the workplace subject to the reasonable regulations of a state professional employer or such limitations as may be set forth in a collective bargaining agreement.
If a state professional employer first receives the written permission of the Board, the state professional employer may to:hdrawwithdraw recognition from a professional organization that fails (a)to: Present a copy of each change in its bylaws, charter or constitution, if any;
(a) Present a copy of each change in its bylaws, charter or constitution, if any;
Sec.Assembly Amendment No.
117 to Assembly Bill No.
224 Page 11 Sec.
- 82nd Session (2023) – 12 – (c) At reasonable times, use the facilities of a workplace for the purpose of meetings concerned with the exercise of any rights guaranteed under the provisions of sections 6 to 52, inclusive, of this act;
and orientation(d) orProvide on-boardinginformation ofto newprofessional employees.mployeesemployees during the 2.orientation or on-boarding of new employees.
2.
(Deleted1. by amendment.) Sec.
Unless a professional employee has directed a state professional employer not to furnish that employee’s personal contact information to an exclusive representative, a state professional employer shall, upon the request of an exclusive representative but not more than once each calendar quarter, furnish to the exclusive representative the following personal contact information, as contained in the records of the state professional employer, for each professional employee who is represented by the exclusive representative:
(a) Home address;
(b) Home telephone number or other personal telephone number;
and (c) Personal electronic mail address.
2.
The furnishing of an employee’s personal contact information pursuant to subsection 1 does not make that information a public record for the purposes of chapter 239 of NRS.
Sec.
An authorization may be revoked by the professional employee by notifying the professional The professional organization shallin processaccordance awith revocationthe terms of an.the authorization.
The professional organization shall process a revocation of an authorization in a timely manner.
If the Board designates a professional organization as the exclusive representative of a bargaining unit pursuant to sections 6 to 52, inclusive, of this act, an officer of a state professional employer shall not, pursuant to NRS 281.129, withhold any amount of money from the salary or wages of a professional employee within the bargaining unit to pay dues or similar fees to a professional organization other than the professional organization that is the exclusive representative of the bargaining unit.
Sec.Assembly Amendment No.
117 to Assembly Bill No.
224 Page 12 Sec.
Except as otherwise provided in this section, a recognized professional organization may represent a professional employee of a state professional employer that has recognized the professional organization with respect to any condition of the - 82nd Session (2023) – 13 – employment of the professional employee, including, without limitation, representation in disciplinary proceedings and investigations and proceedings for the adjustment of grievances, regardless of whether the professional employee is a member of the2.rofIf a professional employee is in a bargaining unit that has an exclusive representative, no professional organization other than the professional organizationorganization. designated as the exclusive representative for the bargaining unit may represent the professional employee.
2.
If a professional employee is in a bargaining unit that has an exclusive representative, no professional organization other than the professional organization designated as the exclusive representative for the bargaining unit may represent the professional employee.
(a) Any action taken in the adjustment of a grievance must be consistent with the terms of an applicable collective bargaining agreement in effect, if any;
andapplicableand collective bargaining (b) If the professional employee is in a bargaining unit that has an exclusive representative, the exclusive representative must be given an opportunity to be present at any meetings or hearings related to the adjustment of the grievance and be provided a copy of the adjustment of the grievance.
Subject to the conditions imposed by section 23 of this act and any other conditions and limitations as may be set forth in a collective bargaining agreement, a professional employee who:who is the subject of an internal administrative investigation that could lead to dismissal, involuntary demotion, suspension, reduction of pay, payment of restitution or other similar adverse employment action against the professional employee must be:
(a) IsProvided thenotice subjectin writing of anthe internalallegations administrativeagainst investigationthe thatprofessional couldemployee leadwithin to30 dismissal,calendar involuntarydays demotion,after suspension,the reductiondate ofon pay,which paymentthe ofstate restitutionprofessional employer becomes aware, or otherreasonably similarshould adversehave employmentbecome actionaware, againstof the professionalallegations. employee;
orThe -notice 82nd Session (2023) – 14 – (b) During any questioning by a state professional employer, reasonably believes that the questioning could lead to the consequences set forth in paragraph (a), must be affordedprovided thebefore right to have a lawyer or other with the professional employee unlessis thequestioned professionalregarding employeethe waives,allegations. in writing, his or her right to be represented.
(b) Afforded the right to have a lawyer or other representative of the professional employee’s choosing present with the professional employee at any time that the professional employee is questioned regarding the allegations.
The professional employee must be given not less than 2 business days to obtain such representation, unless the professional employee waives, in writing, his or her right to be represented.
AIf, during any questioning by a state professional employeremployer, musta professional employee who does not retaliatehave ina anyrepresentative waypresent againsthas a reasonable belief that the questioning could lead to dismissal, involuntary demotion, suspension, reduction of pay, payment of restitution or similar adverse employment action against the professional employee and makes a clear request for assertingrepresentation hisby ora herrecognized rightsprofessional underorganization, subsectionthe 1.state professional employer must:
Assembly Amendment No.
117 to Assembly Bill No.
224 Page 13 (a) Grant the request and delay the questioning by not less than 2 business days to allow a representative of the professional organization to be present and to provide an opportunity for the professional employee to consult with the representative;
or (b) Deny the request and end the questioning immediately.
3.
A state professional employer must not retaliate in any way against a professional employee for asserting his or her rights under subsection 2.
4.
A state professional employer shall annually inform its professional employees of the rights afforded to professional employees under subsection 2.
Confidential employees must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining uni4.ofAunit supervisoryof employeewhich mustthey notwould otherwise be a membermember. of the same bargaining unit as the professional employees under the supervision of the supervisory employee.
4.
A supervisory employee must not be a member of the same bargaining unit as the professional employees under the supervision of the supervisory employee.
- 82nd Session (2023) – 15 – Sec.
27.
If no professional organization is designated as the exclusive representative of a bargaining unit and a recognized professional organization files with the Board a showing of interest for the professional organization by more than 50 percent verified by the Board pursuant to section 29 of this act, the Board shall designate the professional organization as the exclusive representative of the bargaining unit without ordering an election.
27.
[1.] If no professional organization is designated as the exclusive representative of a bargaining unit and a recognized professional organization files with the Board a showing of interest for the professional organization by more than 50 percent of the professional employees in a bargaining unit which is verified by the Board pursuant to section 29 of this act, the Board shall designate the professional organization as the exclusive representative of the bargaining unit without ordering an election.
[2.
Upon the designation of a professional organization as the exclusive representative of a bargaining unit without an election pursuant to subsection 1, the Board shall require the state professional employer to distribute a notice to all professional employees in the bargaining unit advising the professional employees:
(a) That the professional organization has been designated as the exclusive representative of the bargaining unit;
and (b) Of the rights afforded to the professional employees under sections 18, 23, 24 and 25 of this act.] Assembly Amendment No.
117 to Assembly Bill No.
224 Page 14 Sec.
(a) A recognized professional organization files with the Board a written request for an election which includes a showing of interest for the professional organization by at least 30 percent but not more than 50 percent of the professional employees within the bargaining unit which is verified by the Board pursuant to section 29 of this act;
If[Upon theordering Boardan haselection designatedpursuant ato professionalsubsection organization1, as the exclusiveBoard representativeshall ofrequire athe bargainingstate unitprofessional followingemployer an election pursuant to subsectiondistribute 1a ornotice without an election pursuant to sectionall 27professional ofemployees thisin act, the Boardbargaining shallunit: order an election:
(a) Identifying:
(1) The bargaining unit for which representation is sought;
and (2) The professional organization which seeks to be the exclusive representative of the bargaining unit;
(b) Explaining the election process;
and (c) Advising the professional employees of the rights afforded to the professional employees under sections 18, 23, 24 and 25 of this act.
3.] If the Board has designated a professional organization as the exclusive representative of a bargaining unit following an election pursuant to subsection 1 or without an election pursuant to section 27 of this act, the Board shall order an election:
(1) Another recognized professional organization files with the Board a written request for an election which includes a showing of interest for the professional organization by more than 50 percent of the professional employees within the bargainingthanbargaining unit;
(b) If applicable, the written request filed pursuant to paragraph (a) is filed at least 225 calendar days but not more than 270 calendar days before the date on which the current collective bargaining agreement in effect for the bargaining unit expires;
and - 82nd Session (2023) – 16 – (c) If no other election to choose, change or discontinue exclusive representation has been conducted within the bargaining unit during the immediately preceding 12 months.
The Board shall verify each showing of interest filed by a professional organization pursuant to section 27 or 28 of this act and the identity of each professional employee identified in a written request filed by a group of professional employees pursuant to subparagraph (2) of paragraph (a) of subsection [3] 2 of section 28 of this act by comparing the name of a professional employee included in the showing of interest or written request, as applicable, with the employment records of the state professional employer.
A showing of interest filed by a professional organization pursuant to section 27 or 28 of this act or a written request filed by a group of professional employees pursuant to subparagraph (2) of paragraph (a) of subsection [3] 2 of section 28 of this act is confidential and is not a public record.
3.Assembly Amendment No.
The117 Board shall not disclose to anyAssembly personBill theNo. identity of any professional employee who has participated in a showing of interest filed by a professional organization pursuant to section 27 or 28 of this act or a written request filed by a group of professional employees pursuant to subparagraph (2) of paragraph (a) of subsection 2 of section 28 of this act.
224 Page 15 3.
The Board shall not disclose to any person the identity of any professional employee who has participated in a showing of interest filed by a professional organization pursuant to section 27 or 28 of this act or a written request filed by a group of professional employees pursuant to subparagraph (2) of paragraph (a) of subsection [3] 2 of section 28 of this act.
(a) If applicable, a choice for the recognized professional organization that requested the election pursuant to section 28 of this act;
(c) A choice for any other recognized professional organization that, on or before the date that is prescribed by the rules adopted by the Board pursuant to NRS 288.110 and section 31 of this act, files with the Board a written request to be placed on the ballot for the election and includes with the written request a showing of interest for that other professional organization by at least 30 percent of the professional employees within the bargaining unit;
and (d) A choice for “no exclusive representation.” - 82nd Session (2023) – 17 – 2.
If a ballot for an election contains more than two choices and none of the choices on the ballot receives a majority of the votes cast at the initial election, the Board shall order a runoff election between the two choices on the ballot that received the hig3.sthighest Ifnumber the choice for “no exclusive representation” receives a majority of the votes cast at the initial electionelection. or at any runoff election, the Board shall designate the bargaining unit as being without an exclusive representative.
3.
If the choice for “no exclusive representation” receives a majority of the votes cast at the initial election or at any runoff election, the Board shall designate the bargaining unit as being without an exclusive representative.
An election conducted pursuant to this section or section 28 or 30 of this act must be conducted by secret ballot.
The objection must be filed not later than 10 business days after the date on which the notice of 4.e rIn response to a written objection filed pursuant to subsection 3 or upon its own motion, the Board may invalidate the results of anthe election andis ordergiven aby new election if the BoardBoard. finds that any conduct or circumstances raise substantial doubt that the results of the election are reliable.
4.
In response to a written objection filed pursuant to subsection 3 or upon its own motion, the Board may invalidate the results of an election and order a new election if the Board finds that any conduct or circumstances raise substantial doubt that the results of the election are reliable.
and (c)Assembly AAmendment descriptionNo. of each bargaining unit within the state professional employer.
-117 82ndto SessionAssembly (2023)Bill –No. 18 – 2.
224 Page 16 (c) A description of each bargaining unit within the state professional employer.
2.
recognized(b) theThe professionalname organization;lof each state professional employer which has (c)recognized The names of the officers of the professional organization;
(c) The names of the officers of the professional organization;
Collective bargaining entails a mutual obligation between a state professional employer and an exclusive representative to meet at reasonable times and to bargain in good fai(a)faith Thewith subjectsrespect ofto: mandatory bargaining set forth in subsection 2;
(a) The subjects of mandatory bargaining set forth in subsection 2;
-(g) 82ndExcept Sessionas (2023)otherwise –provided 19in –subsection 3, insurance and health care benefits provided by the state professionalnceprofessional employer.
disputes(o) relatingNo-strike toprovisions interpretationconsistent orwith applicationthe provisions of collective[sections bargaining6 agreements.to 52, inclusive, of this act.] this chapter.
(p)Assembly GeneralAmendment savingsNo. clauses.
(q)117 Exceptto asAssembly otherwiseBill providedNo. in section 38 of this act, the duration of collective bargaining agreements.
(r)224 SafetyPage 17 (p) Grievance and arbitration procedures for resolution of professionaldisputes employees.relating to interpretation or application of collective bargaining agreements.
(s)(q) FacilitiesGeneral forsavings meetingclauses. with students for professional employees who have teaching or advising responsibilities.
(t)(r) PoliciesExcept foras theotherwise transferprovided andin reassignmentsection 38 of professionalthis employees.act, the duration of collective bargaining agreements.
(u)(s) ProceduresSafety for reduction in or addition to the workforce consistent with the provisions of sectionsprofessional 6employees to. 52, inclusive, of this act.
[and safety in the workplace.] (t) Facilities for meeting with students for professional employees who have teaching or advising responsibilities.
(u) Policies for the transfer and reassignment of professional employees.
(v) Procedures for reduction in or addition to the workforce consistent with the provisions of sections 6 to 52, inclusive, of this act.
(a) Pension or retirement benefits provided by the Public Employees’ Retirement System pursuant to chapter 286 of NRS to persons employed by this State, state agencies, as described in subsection 2 of NRS 286.070, and the Public Employees’ Retirement System.
- 82nd Session (2023) – 20 – (c) Provisions governing participation in the Public Employees’ Deferred Compensation Program pursuant to NRS 287.250 to 287.370, inclusive.
The following are not subjects within the scope of employermandatory withoutbargaining negotiation:reservedand are reserved to the state professional (a)employer Exceptwithout asnegotiation: otherwise provided in paragraph (t) of subsection 2, the right to hire, direct, assign or transfer an employee.
(a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee.
[5.] 6.
This section does not preclude, but the provisions of sections 6 to 52, inclusive, of this act, do not require, a state professional employer to negotiate subject matters outside of the scope of mandatory bargaining or consult with any professionaltheprofessional employee or professional organization on any such matter.
-Assembly 82ndAmendment SessionNo. (2023) – 21 – (a) Act as the representative of all professional employees within each bargaining unit that it represents;
and117 (b)to InAssembly goodBill faithNo. and on behalf of each bargaining unit that it represents, individually or collectively, bargain with a state terms and conditions of employment for the professionalther employees within each bargaining unit that it represents.
224 Page 18 (a) Act as the representative of all professional employees within each bargaining unit that it represents;
and (b) In good faith and on behalf of each bargaining unit that it represents, individually or collectively, bargain with a state professional employer concerning the wages, hours and other terms and conditions of employment for the professional employees within each bargaining unit that it represents.
[Upon request by an exclusive representative, a] A state professional employer shall comply with reasonable requests by an exclusive representative to furnish [to an exclusive representative information] data that is maintained in the ordinary course of business and which is relevant and necessary to the discussion of the subjects of mandatory bargaining described in section 33 of this act.
(a) A procedure to resolve grievances that applies to all professional employees in the bargaining unit and culminates in [final and] binding arbitration [.] as the final stage of appeal by either party.
(1) Must be used to resolve all grievances relating to employment, including, without limitation, the administration and - 82nd Session (2023) – 22 – interpretation of the collective bargaining agreements, the applicability of any law, rule or regulation relating to the employment and appeal of discipline and other adverse personnel actions;
and institutions,,(2) incorporateofessestablishedplosharedMay, for professional employees of academic institutions, incorporate established shared governance mechanisms, including, without limitation, oversight by a faculty senate and peer review.
A professional employee in a bargaining unit who is aggrieved by the failure of the state professional employer or its designated representative to complyAssembly withAmendment theNo. requirements of NRS 281.755 may pursue a grievance related to that failure through:
117 to Assembly Bill No.
224 Page 19 comply with the requirements of NRS 281.755 may pursue a grievance related to that failure through:
If there is a conflict between any provision of a collective anbargaining exclusiveagreement representativebetween and:tatea state professional employer and (a)an Anyexclusive policy,representative procedureand: or regulation adopted by the state professional employer, the provision of the agreement prevails unless the provision of the agreement is outside the lawful scope of collective bargaining.
(a) Any policy, procedure or regulation adopted by the state professional employer, the provision of the agreement prevails unless the provision of the agreement is outside the lawful scope of collective bargaining.
Whenever a professional organization enters into negotiations with a state professional employer pursuant to - 82nd Session (2023) – 23 – sections 6 to 52, inclusive, of this act, the professional organization may,may , at the sole expense of the professional organization, be represented by an attorney licensed to practice law in this State.
agreementSec. or similar agreement or of any proposed modifications to an existing collective bargaining agreement or similar agreement between a state professional employer and an exclusive representative must be submitted in writing by the professional organization to the members of the organization within the relevant bargaining unit before a vote on the ratification of the agreement is taken.
40.
1.
The draft of any new collective bargaining agreement or similar agreement or of any proposed modifications to an existing collective bargaining agreement or similar agreement between a state professional employer and an exclusive representative must be submitted in writing by the professional organization to the members of the organization within the relevant bargaining unit before a vote on the ratification of the agreement is taken.
Not less than 3 business days before the date of the hearing conducted pursuant to subsection 3, the Board of Regents of the University of Nevada or the State Board of Examiners, as applicable, shall cause the following documents to be posted and made available on the Internet website used by the Board ofdof and Regents or the State Board of Examiners, as applicable, to provide public notice of meetings:
and (c)Assembly AnyAmendment supportingNo. material prepared for the Board of Regents or the State Board of Examiners, as applicable, relating to the financial impact of the agreement.
117 to Assembly Bill No.
224 Page 20 (c) Any supporting material prepared for the Board of Regents or the State Board of Examiners, as applicable, relating to the financial impact of the agreement.
-2. 82nd Session (2023) – 24 – (a) The state professional employer shall request that the Governor request the drafting of a legislative measure pursuant to NRS 218D.175 to effectuate the provision;
Requires an act of the Legislature to be given effect:
(a) The state professional employer shall request that the Governor request the drafting of a legislative measure pursuant to NRS 218D.175 to effectuate the provision;
(b) The Governor may include in the biennial proposed executive budget of the State any amount of money the Governor deems appropriate for the state professional employer.
Either party may request mediation through the reachFederal aMediation collectiveand bargainingConciliation agreement:ceService if the parties do not (a)reach Nota latercollective thanbargaining 120agreement: calendar days after the date on which the parties began negotiations;
(a) Not later than 120 calendar days after the date on which the parties began negotiations;
The mediator shall bring the parties together as soon as possible after his or her appointment and shall attempt to settle each issue in dispute not later than 21 calendar days after his or - 82nd Session (2023) – 25 – her appointment or any later date set by the agreement of the parties.
If a mediator appointed pursuant to section 43 of this act determines that his or her services are no longer helpful, or if the parties do not reach a collective bargaining agreement through mediation within 21 calendar days after thengthe appointment of the mediator or on or before any later date set by agreement of the parties, the mediator shall discontinue mediation and the parties shall attempt to agree upon an impartial arbitrator.
Not later than 5 business days after receipt of the list of arbitrators,Assembly theAmendment partiesNo. shall select an arbitrator from the list by alternately striking one name until the name of only one arbitrator remains, and the parties must accept that arbitrator to hear the dispute in question.
117 to Assembly Bill No.
224 Page 21 arbitrators, the parties shall select an arbitrator from the list by alternately striking one name until the name of only one arbitrator remains, and the parties must accept that arbitrator to hear the dispute in question.
testimony5. and issue and seek enforcement of a subpoena in thetake same manner as the Board pursuant to NRS 288.120, and, except as otherwise provided in subsection 7, the provisions of NRS 288.120 apply to any subpoena issued by the arbitrator.
The arbitrator may administer oaths or affirmations, take testimony and issue and seek enforcement of a subpoena in the same manner as the Board pursuant to NRS 288.120, and, except as otherwise provided in subsection 7, the provisions of NRS 288.120 apply to any subpoena issued by the arbitrator.
The decision of the arbitrator must be limited to a selection of one of the two final -offers 82nd Session (2023) – 26 – arbitrator shall not revise or amend the selected final offer of the applicableparties. party on any issue.
As incorporated in his or her decision, the arbitrator shall not revise or amend the selected final offer of the applicable party on any issue.
and (2) In private employment in comparable communities or institutions.
private employment in comparable communities or (b) Consider, without limitation:
(1) The financial ability of the state professional employer to pay the costs associated with the proposed collective bargaining agreement, with due regard for the primary obligation of the state professional employer to safeguard the health, safety and welfare of the people of this State [;] and to fulfill the mission of the state professional employer;
and asAssembly partAmendment ofNo. collective bargaining, mediation, arbitration or othered methods of dispute resolution to determine the wages, hours and other terms and conditions of employment for professional employees in public or private employment.
117 to Assembly Bill No.
224 Page 22 [(3)] (4) Such other factors as are normally or traditionally used as part of collective bargaining, mediation, arbitration or other methods of dispute resolution to determine the wages, hours and other terms and conditions of employment for professional employees in public or private employment.
- 82nd Session (2023) – 27 – 1.
Any meeting of a mediator with either party or both parties to 3.negAny meeting or investigation conducted by a mediatornegotiation. or arbitrator.
3.
Any meeting or investigation conducted by a mediator or arbitrator.
(e) Refuse to bargain collectively in good faith with an exclusive representative as required by sections 33, 35 and 36 of this act.
(h) Fail to provide the [information] data required by subsection 3 of section 36 of this act.
- 82nd Session (2023) – 28 – (b) If the professional organization is an exclusive representative, refuse to bargain collectively in good faith with a state professional employer, as required by sections 33, 35 and 36 of this act.
orientation,Assembly genderAmendment identityNo. or expression, age, disability, national origin or because of political or personal reasons or affiliations.
117 to Assembly Bill No.
224 Page 23 (c) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin or because of political or personal reasons or affiliations.
(a) The provisions of chapter 233B of NRS that apply to a con(b)contested Anycase; rules adopted by the board pursuant to NRS 288.110.
and (b) Any rules adopted by the board pursuant to NRS 288.110.
Any order or decision issued by the Board pursuant to this section concerning the merits of a complaint is a final decision in a contested case and may be appealed pursuant to the provisions of chapter 233B of NRS that apply to a contested case, except that - 82nd Session (2023) – 29 – a party aggrieved by the order or decision of the Board must file a petition for judicial review not later than 10 business days after being served with the order or decision of the Board.
Except as otherwise provided by specific statute, a professional organization and a state professional employer may sue or be sued as an entity pursuant to sections 6 to 52, inclusive, of this act.
(a)Assembly EmployedAmendment byNo. the state professional employer;
117 to Assembly Bill No.
224 Page 24 (a) Employed by the state professional employer;
A state professional employer shall not impose the fee against its emp3.yeeIfemployees. a state professional employer fails to pay the fee assessed pursuant to subsection 1 on or before July 1 of that year, the Board shall impose a civil penalty not to exceed $10 for each professional employee employed by the state professional employer for whom the fee was not paid.
3.
If a state professional employer fails to pay the fee assessed pursuant to subsection 1 on or before July 1 of that year, the Board shall impose a civil penalty not to exceed $10 for each professional employee employed by the state professional employer for whom the fee was not paid.
- 82nd Session (2023) – 30 – Sec.
Except as otherwise provided in subsection 5, a state professional employer may use the services of the Division of Human Resource Management of the Department of Administration to provide support to the state professional ofemployer thisto act.carrycarry out the provisions of sections 6 to 52, inclusive, 2.of this act.
2.
To carry out the provisions of this section, the Division of Human Resource Management may verify by any reasonable means the number of professional employees of the state professional employer within bargaining units that are representative.arepresented by a professional organization as the exclusive 5.representative.
As5. the entity with the authority to fix salaries and establish policies and procedures of the unclassified personnel of the Nevada System of Higher Education pursuant to chapter 396 of NRS, the Board of Regents of the University of Nevada shall carry out the provisions of sections 6 to 52, inclusive, of this act, including, without limitation:
(a)As Conductingthe entity with the authority to fix salaries and establish policies and procedures of the unclassified personnel of the Nevada System of Higher Education pursuant to chapter 396 of NRS, the Board of Regents of the University of Nevada shall conduct its own negotiations;negotiations pursuant to the provisions of sections 6 to 52, inclusive, of this act.
and (b) Providing for its own representation in any disciplinary matter, investigation or grievance process, pursuant to the provisions of sections 6 to 52, inclusive, of this act.
A state professional employer may use the services of the Attorney General to provide support to the state - 82nd Session (2023) – 31 – professional employer to carry out the provisions of sections 6 to 52, inclusive, of this act.
If a state professional employer uses the services of the Attorney General pursuant to subsection 1, the Attorney General pursuantmay tocharge NRSthe 228.113.fessionalstate professional employer for those services Sec.pursuant to NRS 228.113.
Assembly Amendment No.
117 to Assembly Bill No.
224 Page 25 Sec.
The execution of a written contract incorporating any agreement reached if requested by either party, but this obligation does not compel either party to agree to a proposal or require the making of a concession.
- 82nd Session (2023) – 32 – 2.
Interruption of the operations of the State of Nevada or any local government employer by any employee organization , professional organization or labor organization.zationorganization. , Sec.
Sec.
Assembly Amendment No.
117 to Assembly Bill No.
224 Page 26 (a) Elect a Chair or Vice Chair;
- 82nd Session (2023) – 33 – 4.
and (b) Employ such additional clerical personnel as may be necessary, who are in the classified service of the State.
The Board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by the Executive Department, any state professional employer, any local government employer, any employee, as defined in NRS 288.425, any professional employee, as defined in section 13 of this act, any local government employee, any employee organization , any professional organization or any labor organization.
Except when an expedited hearing is conducted pursuant to NRS 288.115, the Board - 82nd Session (2023) – 34 – shall issue its decision within 120 days after the hearing on the complaint is completed.
3.Assembly Amendment No.
Any117 party aggrieved by the failure of any person to obeyAssembly anBill orderNo. of the Board issued pursuant to subsection 2, or the Board at jurisdiction for a prohibitory or mandatory injunction to enforce the order.
224 Page 27 3.
Any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 2, or the Board at the request of such a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.
(a) Punish each employee organization , professional organization or labor organization guilty of such violation by a fine of not more than $50,000 against each employee organization , professional organization or labor organization for each day of continued violation.
Except as otherwise provided in subsection 2, for a regular session, the Governor or the Governor’s designated -representative 82ndmay Sessionrequest (2023)the –drafting 35of –not more than 110 legislative measures which have been approved by the Governor or the Governor’s designated representative on behalf of the officers, agencies, boards, commissions, departments and other units of the Executive Department.
In addition to the requests otherwise authorized pursuant to this section, the Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of a regular session to propose the Governor’s legislative agenda.
4.Assembly Amendment No.
117 to Assembly Bill No.
224 Page 28 4.
7 Lieutenant Governor...............................................................3Governor....................................................................................3 Secretary of State....................................................................6State.........................................................................................6 State Treasurer........................................................................5Treasurer.............................................................................................5 State Controller.......................................................................5Controller............................................................................................5 Attorney General..................................................................20General........................................................................................20 5.
The legislative measures requested pursuant to subsections 1 and 4 must be prefiled - 82nd Session (2023) – 36 – on or before the third Wednesday in November preceding the regular session.
NRS239.010 1.4683,1. 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,n and 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, - 82nd Session (2023) – 37 – 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, - 82nd Session (2023) – 38 – 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 29 and 46 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, Assembly Amendment No.
117 to Assembly Bill No.
224 Page 29 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 21, 29 and 46 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
This section does not supersede or in any manner affect the federal laws governing rightscopyrights ofor aenlarge, persondiminish or affect in any writtenother bookmanner or record which isnner the copyrightedAssembly pursuantAmendment toNo. federal law.
117 to Assembly Bill No.
224 Page 30 rights of a person in any written book or record which is copyrighted pursuant to federal law.
If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic tomedium. provide a copy of a public record in an electronic format or by means of an electronic medium if:
Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
or - 82nd Session (2023) – 39 – (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
An officer, employee or agent of a governmental entity who has(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has alreadylegal preparedcustody or wouldcontrol preferof to provide the copy in a differentpublic medium.record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
The meetings of a public body that are quasi-quasi-judicial judicial in nature are subject to the provisions of this chapter.
Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 396.1415, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725 [,] and section 46 of this act, which:
(a)Assembly ProvidesAmendment thatNo. any meeting, hearing or other proceeding is not subject to the provisions of this chapter;
117 to Assembly Bill No.
224 Page 31 (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter;
- 82nd Session (2023) – 40 – 4.
The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, conSec.control, jurisdiction or advisory powers.
Sec.
In the event of a conflict between the policies and procedures established pursuant to subsection 1 and the provisions of a collective bargaining agreement entered into pursuant to sections 6 to 52, inclusive, of this act, the provisions of the agreement prevail.
65.3.
1.
There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the - 82nd Session (2023) – 41 – Nevada System of Higher Education for personnel and operating expenses associated with the changes relating to collective bargaining in this act the following sums:
For the Fiscal Year 2023-2024..................................$600,671 2.
FAny balance of the sums appropriated by subsection 1.......$1,290,630 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec.
65.5.
1.
There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the Office of the Attorney General for personnel, operating and information services expenses associated with the changes relating to collective bargaining in this act the following sums:
For the Fiscal Year 2023-2024..................................$181,380 For the Fiscal Year 2024-2025..................................$230,755 2.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal to which money from the appropriation is granted or otherwise entity transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec.
[Insofar] Except as otherwise provided in subsection 2, insofar as they conflict with the provisions of such an agreement, the amendatory provisions of this act do not apply during the current term of any collective bargaining agreement entered into before July 1, 2023, but do apply to any extension or renewal of such an agreement and to any such agreement entered into on or after July 1, 2023.
- 82nd Session (2023) – 42 – 2.
If a collective bargaining agreement entered into before July 1, 2023, has a provision authorizing the reopening of negotiations, the amendatory provisions of this act do not apply to the reopened negotiations of the provisions of that collective bargaining agreement if a renegotiated collective bargaining agreement is entered into before January 1, 2024.
bargaining 3.
If a state professional employer has established a bargaining unit for any of its professional employees or has designated a professional organization as the exclusive representative for a bargaining unit as of July 1, 2023, such bargaining unit or exclusive representative shall be deemed the bargaining unit or exclusive representative representing the same professional employees on and after July 1, 2023,Assembly untilAmendment suchNo. time, if any, the bargaining unit or exclusive representative is changed or modified in accordance with the provisions of this act.
4.117 to Assembly Bill No.
224 Page 32 2023, until such time, if any, the bargaining unit or exclusive representative is changed or modified in accordance with the provisions of this act.
[3.] 4.
~~~~~ 23 - 82nd Session (2023)