(Reprinted with amendments adopted on April 6, 2023) FIRST REPRINT S.B. 440 - *SB440_R1* SENATE BILL NO. 440–SENATOR CANNIZZARO MARCH 27, 2023 ____________ Referred to Committee on Finance SUMMARY—Makes appropriations requiring certain one-time payments and salary increases for state officers and employees. (BDR S-768) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Contains Appropriation not included in Executive Budget. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT making appropriations requiring certain one-time payments and salary increases for state officers and employees; and providing other matters properly relating thereto. THE PEOPLE OF THE STATE OF NEVADA , REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. 1. There is hereby appropriated from the State 1 General Fund to the State Board of Examiners the sum of $697,880 2 for the following payments and increase in salary, retroactive to 3 July 1, 2022, for personnel represented by the bargaining unit 4 established in paragraph (g) of subsection 1 of NRS 288.515: 5 (a) For all such personnel, an increase in salary for Fiscal Year 6 2022-2023 of 1 percent. 7 (b) For such personnel with 10 or more years of continuous 8 State service, a one-time payment of $1,500. 9 (c) For such personnel who hold: 10 (1) A bachelor’s degree, a one-time payment of $900. 11 (2) An associate’s degree as his or her highest postsecondary 12 degree, a one-time payment of $500. 13 An employee may not receive more than one payment pursuant to 14 this paragraph. 15 – 2 – - *SB440_R1* 2. Of the sum appropriated by subsection 1, not more than 1 $83,783 may be allocated and disbursed to the Nevada System of 2 Higher Education. 3 3. Any remaining balance of the appropriation made by 4 subsection 1 must not be committed for expenditure after June 30, 5 2023, by the entity to which the appropriation is made or any entity 6 to which money from the appropriation is granted or otherwise 7 transferred in any manner, and any portion of the appropriated 8 money remaining must not be spent for any purpose after 9 September 15, 2023, by either the entity to which the money was 10 appropriated or the entity to which the money was subsequently 11 granted or transferred, and must be reverted to the State General 12 Fund on or before September 15, 2023. 13 Sec. 2. 1. There is hereby appropriated from the State 14 Highway Fund to the State Board of Examiners the sum of $891,725 15 for the following payments and increase in salary, retroactive to 16 July 1, 2022, for personnel represented by the bargaining unit 17 established in paragraph (g) of subsection 1 of NRS 288.515: 18 (a) For all such personnel, an increase in salary for Fiscal Year 19 2022-2023 of 1 percent. 20 (b) For such personnel with 10 or more years of continuous 21 State service, a one-time payment of $1,500. 22 (c) For such personnel who hold: 23 (1) A bachelor’s degree, a one-time payment of $900. 24 (2) An associate’s degree as his or her highest postsecondary 25 degree, a one-time payment of $500. 26 An employee may not receive more than one payment pursuant to 27 this paragraph. 28 2. Any remaining balance of the appropriation made by 29 subsection 1 must not be committed for expenditure after June 30, 30 2023, by the entity to which the appropriation is made or any entity 31 to which money from the appropriation is granted or otherwise 32 transferred in any manner, and any portion of the appropriated 33 money remaining must not be spent for any purpose after 34 September 15, 2023, by either the entity to which the money was 35 appropriated or the entity to which the money was subsequently 36 granted or transferred, and must be reverted to the State Highway 37 Fund on or before September 15, 2023. 38 Sec. 3. 1. There is hereby appropriated from the State 39 General Fund to the State Board of Examiners the sum of 40 $19,737,672 for an increase in salary, retroactive to July 1, 2021, of 41 3 percent for Fiscal Year 2021-2022 and Fiscal Year 2022-2023 for 42 personnel represented by the bargaining units established in: 43 (a) Paragraph (a) of subsection 1 of NRS 288.515. 44 (b) Paragraph (e) of subsection 1 of NRS 288.515. 45 – 3 – - *SB440_R1* (c) Paragraph (f) of subsection 1 of NRS 288.515. 1 (d) Paragraph (i) of subsection 1 of NRS 288.515. 2 2. Of the sum appropriated by subsection 1, not more than 3 $1,219,659 may be allocated and disbursed to the Nevada System of 4 Higher Education. 5 3. Any remaining balance of the appropriation made by 6 subsection 1 must not be committed for expenditure after June 30, 7 2023, by the entity to which the appropriation is made or any entity 8 to which money from the appropriation is granted or otherwise 9 transferred in any manner, and any portion of the appropriated 10 money remaining must not be spent for any purpose after 11 September 15, 2023, by either the entity to which the money was 12 appropriated or the entity to which the money was subsequently 13 granted or transferred, and must be reverted to the State General 14 Fund on or before September 15, 2023. 15 Sec. 4. 1. There is hereby appropriated from the State 16 Highway Fund to the State Board of Examiners the sum of $80,024 17 for an increase in salary, retroactive to July 1, 2021, of 3 percent for 18 Fiscal Year 2021-2022 and Fiscal Year 2022-2023 for personnel 19 represented by the bargaining units established in: 20 (a) Paragraph (a) of subsection 1 of NRS 288.515. 21 (b) Paragraph (e) of subsection 1 of NRS 288.515. 22 (c) Paragraph (f) of subsection 1 of NRS 288.515. 23 (d) Paragraph (i) of subsection 1 of NRS 288.515. 24 2. Any remaining balance of the appropriation made by 25 subsection 1 must not be committed for expenditure after June 30, 26 2023, by the entity to which the appropriation is made or any entity 27 to which money from the appropriation is granted or otherwise 28 transferred in any manner, and any portion of the appropriated 29 money remaining must not be spent for any purpose after 30 September 15, 2023, by either the entity to which the money was 31 appropriated or the entity to which the money was subsequently 32 granted or transferred, and must be reverted to the State Highway 33 Fund on or before September 15, 2023. 34 Sec. 5. The approximate maximum salaries as set forth in 35 section 1 of chapter 309, Statutes of Nevada 2021, at page 1779, 36 must be increased by an additional 2 percent commencing on 37 April 1, 2023, and ending on June 30, 2023. 38 Sec. 6. 1. Except as otherwise provided in this act, to effect 39 increases in salaries of 2 percent commencing on April 1, 2023, and 40 ending on June 30, 2023, there is hereby appropriated from the State 41 General Fund to the State Board of Examiners the sum of 42 $5,482,671, for the purpose of meeting any deficiencies which may 43 be created between the appropriated money of the respective 44 departments, commissions and agencies of the Executive and 45 – 4 – - *SB440_R1* Judicial Departments of the State Government, as fixed by the 81st 1 Session of the Nevada Legislature and the requirements for salaries 2 of the classified, unclassified and nonclassified personnel of those 3 departments, commissions and agencies necessary under an adjusted 4 pay plan to become effective on April 1, 2023. 5 2. Of the sum appropriated by subsection 1, not more than 6 $2,303,623 may be allocated and disbursed to the Nevada System of 7 Higher Education. 8 3. The State Board of Examiners, upon the recommendation of 9 the Director of the Office of Finance in the Office of the Governor, 10 may allocate and disburse to various departments, commissions and 11 agencies of the Executive and Judicial Departments of the State 12 Government, out of the money appropriated by this section such 13 sums of money as may from time to time be required, which, when 14 added to the money otherwise appropriated or available, equal the 15 amount of money required to pay the salaries of the classified, 16 unclassified and nonclassified employees of the respective 17 departments, commissions and agencies under the adjusted pay plan. 18 The sums appropriated by this section may not be allocated and 19 disbursed to address a deficiency between the appropriated money, 20 as fixed by the 81st Session of the Nevada Legislature and the 21 requirements for salaries resulting from any circumstance other than 22 the increases in salaries described in this section. 23 Sec. 7. 1. To effect increases in salaries of 2 percent 24 commencing on April 1, 2023, and ending on June 30, 2023, there is 25 hereby appropriated from the State Highway Fund to the State 26 Board of Examiners the sum of $566,090, for the purpose of 27 meeting any deficiencies which may exist between the appropriated 28 money of the Office of Finance in the Office of the Governor, 29 Department of Motor Vehicles, Department of Public Safety and 30 Nevada Transportation Authority, as fixed by the 81st Session of the 31 Nevada Legislature and the requirements for salaries of classified 32 and unclassified personnel of the Office of Finance in the Office of 33 the Governor, Department of Motor Vehicles, Department of Public 34 Safety and Nevada Transportation Authority necessary under an 35 adjusted pay plan to become effective on April 1, 2023. 36 2. The State Board of Examiners, upon the recommendation of 37 the Director of the Office of Finance in the Office of the Governor, 38 may allocate and disburse to the Office of Finance in the Office of 39 the Governor, Department of Motor Vehicles, the Department of 40 Public Safety and the Nevada Transportation Authority out of the 41 money appropriated by this section such sums of money as may 42 from time to time be required, which, when added to the money 43 otherwise appropriated or available, equal the amount of money 44 required to meet and pay the salaries of the classified and 45 – 5 – - *SB440_R1* unclassified employees of the Office of Finance in the Office of the 1 Governor, Department of Motor Vehicles, Department of Public 2 Safety and Nevada Transportation Authority under the adjusted pay 3 plan. The sums appropriated by this section may not be allocated 4 and disbursed to address a deficiency between the appropriated 5 money, as fixed by the 81st Session of the Nevada Legislature and 6 the requirements for salaries resulting from any circumstance other 7 than the increases in salaries described in this section. 8 Sec. 8. 1. When determining the allocations of the money 9 appropriated by section 6 or 7 of this act, the State Board of 10 Examiners shall not distribute money to an account beyond the 11 maximum salary need amount determined for the account. 12 Appropriations established for an account within a department, 13 agency or commission must not be distributed to another account 14 within the department, agency or commission if that action results in 15 the distribution of money beyond the maximum salary need amount 16 determined for the account. 17 2. The sums appropriated by sections 6 and 7 of this act must 18 be applied to salaries notwithstanding the provisions of 19 NRS 281.123. 20 Sec. 9. To effect increases in salaries of 2 percent commencing 21 on April 1, 2023, and ending on June 30, 2023, there is hereby 22 appropriated from the State General Fund to the Legislative Fund, 23 the sum of $248,387, for the purpose of meeting any deficiencies 24 which may be created between the money appropriated to the 25 Legislative Fund, as fixed by the 81st Session of the Nevada 26 Legislature, and the requirements for salaries of the personnel of the 27 Legislative Counsel Bureau and of interim legislative operations 28 necessary under an adjusted pay plan to become effective on 29 April 1, 2023. 30 Sec. 10. 1. To effect the State of Nevada’s share of increases 31 in salaries of 2 percent commencing on April 1, 2023, and ending on 32 June 30, 2023, for employees of the Tahoe Regional Planning 33 Agency, there is hereby appropriated from the State General Fund to 34 the State Board of Examiners the sum of not more than $13,013. 35 The amounts transferred must not be used to increase an employee’s 36 base salary unless the State of California provides the required 2-37 for-1 matching funds. If such matching funds are not provided by 38 the State of California, any amounts provided to the Tahoe Regional 39 Planning Agency by the State of Nevada must be used as a one-time 40 salary bonus. 41 2. The State Board of Examiners, upon the recommendation of 42 the Director of the Office of Finance in the Office of the Governor, 43 may allocate and disburse to the Tahoe Regional Planning Agency 44 out of the money appropriated by this section such sums of money 45 – 6 – - *SB440_R1* as may from time to time be required, which, when added to the 1 money otherwise appropriated or available, equal the amount of 2 money required to meet and pay the State of Nevada’s share of the 3 salaries of the employees of the Tahoe Regional Planning Agency 4 under the adjusted pay plan to become effective on April 1, 2023. 5 The sums appropriated by this section may not be allocated and 6 disbursed to address a deficiency between the appropriated money 7 as fixed by the 81st Session of the Nevada Legislature and the 8 requirements for salaries resulting from any circumstance other than 9 an increase in salaries described in this section. 10 Sec. 11. Any remaining balance of an appropriation made by 11 section 6, 7, 9 or 10 of this act must not be committed for 12 expenditure after June 30, 2023, by the entity to which the 13 appropriation is made or any entity to which money from the 14 appropriation is granted or otherwise transferred in any manner, and 15 any portion of the appropriated money remaining must not be spent 16 for any purpose after September 15, 2023, by either the entity to 17 which the money was appropriated or the entity to which the money 18 was subsequently granted or transferred, and must be reverted to the 19 fund from which it was appropriated on or before September 15, 20 2023. 21 Sec. 12. This act becomes effective upon passage and 22 approval. 23 H