EXEMPT
(Reprinted with amendments adopted on April 19, 2023)
FIRST REPRINT S.B. 320
- *SB320_R1*
SENATE BILL NO. 320–SENATORS D. HARRIS, STONE, DONATE;
DALY, HAMMOND, KRASNER, OHRENSCHALL AND
SCHEIBLE
MARCH 20, 2023
____________
JOINT SPONSORS: ASSEMBLYMEN WATTS, PETERS, GONZÁLEZ,
KASAMA; ANDERSON, CONSIDINE, LA RUE HATCH,
BRITTNEY MILLER AND MOSCA
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions related to the Legislature.
(BDR 23-194)
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.
AN ACT relating to the Legislature; requiring the Legislative
Counsel Bureau to pay a certain amount to the Public
Employees’ Benefits Program if certain members of the
Senate or Assembly elect to participate in the Program;
requiring any such member to arrange to pay the Program
the cost of premiums and contributions to the
Program; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law provides that a member of the Senate or Assembly who elects to 1
participate in the Public Employees’ Benefits Program shall pay the entire premium 2
or contribution for the member’s insurance. (NRS 287.044) Section 2 of this bill 3
provides instead that if a member of the Senate or Assembly who is elected or 4
appointed to a term beginning after November 5, 2024, elects to participate in the 5
Program: (1) the Legislative Counsel Bureau is required to pay to the Program the 6
amount specified by law as if the member were employed by the Legislative 7
Counsel Bureau on a permanent and full-time basis; and (2) the member must 8
arrange with the Program for the payment of premiums or contributions. Any such 9
arrangement must require the member to pay such a premium or contribution based 10
on the actual amount of the premium or contribution after deducting certain 11
amounts. 12
– 2 –
- *SB320_R1*
Section 1 of this bill makes a conforming change to update an internal 13
reference to a subsection that is renumbered in section 2. 14
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.0435 is hereby amended to read as 1
follows: 2
287.0435 1. Except as otherwise provided in subsection 4 of 3
NRS 287.04362 and subsection [7] 8 of NRS 287.044, all money 4
received for the Program, including, without limitation, money 5
transferred from the Active Employee Group Insurance Subsidy 6
Account established in NRS 287.044, must be deposited in the State 7
Treasury for credit to the Fund for the Public Employees’ Benefits 8
Program which is hereby created as a trust fund. The Program Fund 9
must be accounted for as an internal service fund. Payments into and 10
disbursements from the Program Fund must be so arranged as to 11
keep the Program Fund solvent at all times. 12
2. The money in the Program Fund must be invested as other 13
money of the State is invested and any income from investments 14
paid into the Program Fund for the benefit of the Program Fund. 15
3. Disbursements from the Program Fund must be made as any 16
other claims against the State are paid and may only be made for the 17
benefit of the participants in the Program. 18
4. The State Treasurer may charge a reasonable fee for the 19
State Treasurer’s services in administering the Program Fund, but 20
the State, the State General Fund and the State Treasurer are not 21
liable to the Program Fund for any loss sustained by the Program 22
Fund as a result of any investment made on behalf of the Program 23
Fund or any loss sustained in the operation of the Program. 24
5. The Board shall deposit any disbursement received from the 25
Program Fund into an interest-bearing checking account in a bank or 26
credit union qualified to receive deposits of public money. Claims 27
that have been submitted to the Program and approved must be paid 28
from the account, and any refund of such a claim must be deposited 29
into the account. 30
Sec. 2. NRS 287.044 is hereby amended to read as follows: 31
287.044 1. [Except as otherwise provided in subsection 2, 32
each] Each participating state agency shall pay to the Program an 33
amount specified by law for every state officer or employee who is 34
employed by a participating public agency on a permanent and full-35
time basis and elects to participate in the Program. 36
2. [A] If a member of the Senate or Assembly who is elected 37
or appointed to a term beginning after November 5, 2024, elects to 38
participate in the Program , the Legislative Counsel Bureau shall 39
– 3 –
- *SB320_R1*
pay to the [entire premium or contribution] Program for the 1
member’s insurance [.] the amount specified by law as if 2
the member of the Senate or Assembly were employed by the 3
Legislative Counsel Bureau on a permanent and full-time basis. 4
3. State officers and employees who elect to participate in the 5
Program must authorize deductions from their compensation for the 6
payment of premiums or contributions for the Program. Any 7
deduction from the compensation of a state officer or employee for 8
the payment of such a premium or contribution must be based on the 9
actual amount of the premium or contribution after deducting any 10
amount allocated by the Board pursuant to subsection [6.] 7. 11
4. If a member of the Senate or Assembly elects to participate 12
in the Program, the member must arrange with the Program for 13
the payment of premiums or contributions for the Program. Any 14
such arrangement must require the member to pay such a 15
premium or contribution based on the actual amount of the 16
premium or contribution after deducting any amount allocated by 17
the Board pursuant to subsection 7. 18
5. If a state officer or employee or a member of the Senate or 19
Assembly chooses to cover any dependents, whenever this option is 20
made available by the Board, except as otherwise provided in NRS 21
287.021 and 287.0477, the state officer or employee or member of 22
the Senate or Assembly must pay the difference between the 23
amount of the premium or contribution for the coverage for the state 24
officer or employee or member of the Senate or Assembly and such 25
dependents and any amount allocated by the Board pursuant to 26
subsection [6.] 7. 27
[5.] 6. A participating state agency shall not pay any part of 28
those premiums or contributions if the group life insurance or group 29
accident or health insurance is not approved by the Board. 30
[6.] 7. The Board may allocate the money paid to the Program 31
pursuant to [subsection] subsections 1 and 2 between the cost of 32
premiums and contributions for group insurance for each state 33
officer or employee [, except a] or member of the Senate or 34
Assembly, and the dependents of each state officer or employee [.] 35
or member of the Senate or Assembly. 36
[7.] 8. Any amounts paid to the Program pursuant to 37
[subsection] subsections 1 and 2 must be deposited in the Active 38
Employee Group Insurance Subsidy Account, which is hereby 39
established within the Agency Fund for the Payroll of the State 40
created by NRS 227.130. Money in the Account must be used solely 41
for the purposes of subsections 1 , 2 and [6.] 7. The interest and 42
income earned on the money in the Account, after deducting any 43
applicable charges, must be credited to the Account. 44
– 4 –
- *SB320_R1*
Sec. 3. This act becomes effective on July 1, 2023. 1
H