Bill > SB13

Introduced Session

Legislative Counsel's Digest: Existing law provides for the resolution of an impasse in collective bargaining 1 through fact-finding, arbitration or both, but imposes limitations on the money that 2 a fact finder or arbitrator may consider in determining the financial ability of a local 3 government employer to pay compensation or monetary benefits. (NRS 288.200, 4 288.215, 288.217, 354.6241) Under existing law, for certain governmental funds of 5 a local government other than a school district, a budgeted ending fund balance of 6 not more than 16.67 percent of the total budgeted expenditures, less capital outlay, 7 is not subject to negotiation in collective bargaining and must not be considered by 8 a fact finder or arbitrator in determining the local government employer s financial 9 ability to pay compensation or monetary benefits. (NRS 354.6241) This bill 10 provides instead that a budgeted ending fund balance of not more than 25 percent 11 of the total budgeted expenditures, less capital outlay, is not subject to negotiation 12 in collective bargaining and must not be considered by a fact finder or arbitrator in 13 determining the local government employer s financial ability to pay compensation 14 and monetary benefits. 15 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 354.6241 is hereby amended to read as 1 follows: 2 354.6241 1. The statement required by paragraph (a) of 3 subsection 5 of NRS 354.624 must indicate for each fund set forth 4 in that paragraph: 5 (a) Whether the fund is being used in accordance with the 6 provisions of this chapter. 7 (b) Whether the fund is being administered in accordance with 8 generally accepted accounting procedures. 9 (c) Whether the reserve in the fund is limited to an amount that 10 is reasonable and necessary to carry out the purposes of the fund. 11 (d) The sources of revenues available for the fund during the 12 fiscal year, including transfers from any other funds. 13 (e) The statutory and regulatory requirements applicable to the 14 fund. 15 (f) The balance and retained earnings of the fund. 16 2. Except as otherwise provided in subsection 3 and NRS 17 354.59891 and 354.613, to the extent that the reserve in any fund set 18 forth in paragraph (a) of subsection 5 of NRS 354.624 exceeds the 19 amount that is reasonable and necessary to carry out the purposes 20 for which the fund was created, the reserve may be expended by 21 the local government pursuant to the provisions of chapter 288 of 22 NRS. 23 3. For any local government other than a school district, for the 24 purposes of chapter 288 of NRS, a budgeted ending fund balance of 25 not more than 16.67 25 percent of the total budgeted expenditures, 26 less capital outlay, for a general fund: 27 (a) Is not subject to negotiations with an employee organization; 28 and 29 (b) Must not be considered by a fact finder or arbitrator in 30 determining the financial ability of the local government to pay 31 compensation or monetary benefits. 32 Sec. 2. Insofar as they conflict with the provisions of such an 33 agreement, the amendatory provisions of this act do not apply 34 during the current term of any collective bargaining agreement 35 entered into before the effective date of this act, but do apply to any 36 extension or renewal of such an agreement and to any agreement 37 entered into on or after the effective date of this act. For the 38 purposes of this section, the term of an agreement ends on the date 39 provided in the agreement, notwithstanding any provision of the 40 agreement that it remains in effect, in whole or in part, after that 41 date until a successor agreement becomes effective. 42

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(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.) (on 04/10/2021)

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