A.B. 725


Assembly Bill No. 725--Assemblymen Arberry and Willi
    ams

                   June 15, 1995
                 _____________


    Referred to Committee on Government Affairs


SUMMARY--Revises limitations on other employment for 
          certain unclassified employees of 
          department of business and industry. 
          (BDR 18-1732)

FISCAL NOTE:  Effect on Local Government: No.
              Effect on the State or on Industrial Insurance: No.



EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

AN ACT relating to the department of business and industry; revising 
        the limitations on other employment for certain unclassified 
        employees of the department; 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.  NRS 232.530 is hereby amended to 
read as follows:
   232.530  The chief of each of the divisions of the 
department:
  1.  Is in the unclassified service of the state.
  2.  Shall administer the provisions of law relating to his 
division, subject to the administrative supervision of the 
director.
  3.  Shall [devote his entire time and attention to the 
business of his office and shall] not pursue any other 
business or occupation or hold any other office of profit [, 
except for temporary and part-time teaching duties on a 
university campus.] \which would conflict with:
  (a) The duties he is required to perform for the division; 
or
  (b) The hours during which he is required to perform 
those duties.\\
  Sec. 2.  NRS 232.535 is hereby amended to read 
as follows:
  232.535  1.  The chiefs of the divisions of the 
department may appoint assistants within the limits of the 
money available for each position and subject to the 
approval of the director.
  2.  These assistants are in the unclassified service of 
the state. [Each assistant shall devote his entire time and 
attention to the business of his office and] \An 
assistant \\shall not pursue any other business or 
occupation or hold any other office of profit [.] 
\which would conflict with:
  (a) The duties he is required to perform for the division; 
or
  (b) The hours during which he is required to perform those 
duties.\\
  Sec. 3.  NRS 232.610 is hereby amended to read 
as follows:
  232.610  The administrator:
  1.  Is appointed by, is responsible to and serves at the 
pleasure of the director.
  2.  Is in the unclassified service of the state.
  3.  Shall not engage in any other gainful employment or 
occupation [.] \which would conflict with:
  (a) The duties he is required to perform for the division; 
or
  (b) The hours during which he is required to perform those 
duties.\\
  4.  Must have responsible administrative experience in 
public or business administration or possess broad 
management skills in areas related to the functions of the 
division.
  5.  Must have the demonstrated ability to administer a 
major public agency in the field of industrial relations. 
His knowledge and abilities must include:
  (a) A comprehensive knowledge of administrative principles 
and a working knowledge of broad principles relating to the 
subject matters under his administrative direction;
  (b) An administrative ability to assess the adequacy of 
agency operations and the protection of the public interest 
as related to the subject fields; and
  (c) An ability to organize and present oral and written 
communication to the governor, the legislature, and other 
pertinent officials or other persons.
  6.  Must possess a background which indicates that he can 
impartially serve the interests of both employees and 
employers.
  7.  Must not, at the time of his appointment or at any 
time during his term of office:
  (a) Be an officer, director or employee, or have any 
personal or private interest in any operating mine, mill, 
smelter or ore reduction plant or the products thereof;
  (b) Hold, directly or indirectly, any financial interest 
in any company, partnership, organization or corporation or 
subsidiary of a corporation, which owns, operates or has a 
financial interest in any mines which are subject to the 
provisions of chapter 512 of NRS; or
  (c) Be an officer or employee of any labor organization.
  Sec. 4.  NRS 232.630 is hereby amended to read 
as follows:
  232.630  1.  The administrator may appoint such assistant 
administrators of the division as necessary for the 
administration of the division and assign the duties of the 
assistant administrators.
  2.  An assistant administrator is in the unclassified 
service of the state.
  3.  An assistant administrator [shall devote his entire 
time and attention to the business of his office and] shall 
not engage in any other gainful employment or occupation [.] 
\which would conflict with:
  (a) The duties he is required to perform for the division; 
or
  (b) The hours during which he is required to perform those 
duties.\\
  Sec. 5.  NRS 232.825 is hereby amended to read 
as follows:
  232.825  The commissioner:
  1.  May appoint two deputies. The deputies are in the 
unclassified service of the state. [Each deputy shall devote 
his entire time and attention to the business of his office 
and] \A deputy\\ shall not pursue any other 
business or occupation or hold any other office of profit 
[.] \which would conflict with:
  (a) The duties he is required to perform for the division; 
or
  (b) The hours during which he is required to perform those 
duties.\\
  2.  Is responsible for the administration of the 
provisions of Title 57 of NRS [,] and all other provisions 
of law relating to the functions of the division.
  3.  May employ such staff as is necessary for the 
performance of his duties.
  4.  Has such other powers and duties as are provided by 
law.
  Sec. 6.  NRS 513.083 is hereby amended to read 
as follows:
  513.083  1.  The chief administrative officer of the 
division is the administrator, who must be appointed by the 
director of the department of business and industry from a 
list of three nominees selected by the commission.
  2.  The administrator of the division:
  (a) Must be a graduate of an accredited college or 
university and have substantial experience as an 
administrator or at least 5 years' experience in the 
exploration for or the production or conservation of 
minerals.
  (b) Is in the unclassified service of the state.
   (c) Shall [devote his entire time and attention to his 
duties as a public officer and shall] not pursue any other 
business or occupation or hold any other office of profit 
[.] \which would conflict with:
    (1) The duties he is required to perform for the 
division; or
    (2) The hours during which he is required to perform 
those duties.\\
  Sec. 7.  NRS 561.145 is hereby amended to read 
as follows:
  561.145  1.  The administrator shall direct and supervise 
all administrative and technical activities of the division, 
and all programs administered by the division as provided by 
law. He shall [devote his entire time to the duties of his 
office, and shall follow no] \not engage in any\\ 
other gainful employment or occupation [.] \which would 
conflict with:
  (a) The duties he is required to perform for the division; 
or
  (b) The hours during which he is required to perform those 
duties.\\
  2.  The administrator may, within such limitations as may 
be provided by law, organize the division into various 
bureaus and, from time to time, alter such organization and 
reassign responsibilities and duties as he may deem 
appropriate.
  3.  The administrator shall:
  (a) Coordinate the activities of the various bureaus of 
the department.
  (b) Report to the board upon all matters pertaining to the 
administration of the division.
  (c) Submit a biennial report to the governor, the 
legislature and the board of the work of the division, with 
recommendations that he may deem necessary. The report must 
set forth the facts relating to the condition of the 
livestock, agriculture and related industries in the State 
of Nevada.
  Sec. 8.  NRS 607.030 is hereby amended to read 
as follows:
  607.030  1.  The labor commissioner is in the 
unclassified service of the state.
  2.  He shall [devote his entire time and attention to the 
business of his office and shall] not pursue any other 
business or occupation or hold any other office of profit 
[.] \which would conflict with:
  (a) The duties of his office; or
  (b) The hours during which he is required to perform those 
duties.
  \\Sec. 9.  NRS 607.050 is hereby amended to read 
as follows:
  607.050  1.  The labor commissioner shall employ a 
deputy, who is in the unclassified service of the state.
  2.  If admitted to the practice of law in the State of 
Nevada, the deputy has all the powers of the district 
attorneys of the several counties in this state in the 
prosecution of all claims and actions originating with the 
labor commissioner by appropriate action in the courts of 
this state, when the labor commissioner is charged with the 
enforcement of those laws.
  3.  The deputy shall act under the direction of the labor 
commissioner, and in the performance of his duties he is 
responsible to the labor commissioner.
  4.  The deputy shall [devote his entire time and attention 
to the business of his office and shall] not pursue any 
other business or occupation or hold any other office of 
profit [.] \which would conflict with:
  (a) The duties he is required to perform for the office of 
the labor commissioner; or
  (b) The hours during which he is required to perform those 
duties.\\
  Sec. 10.  NRS 618.255 is hereby amended to 
read as follows:
  618.255  1.  The division may employ such qualified 
employees as in the opinion of the administrator are 
necessary to enforce the provisions of this chapter.
  2.  Any safety and health representative employed by the 
division must have practical experience in the field of 
construction, trade, craft, technical skill, profession or 
industry in which his services are required.
  3.  The administrator and other employees of the division 
must not be financially interested in any business 
interfering with, or inconsistent with, their duties. They 
shall [give their entire time to the business of the 
division and shall] not pursue any other business or 
vocation or hold any office of profit [.] \which would 
conflict with:
  (a) The duties they are required to perform for the 
division; or
  (b) The hours during which they are required to perform 
those duties.\\
  4.  An employee of the division shall not serve on any 
committee of any political party.
  Sec. 11.  NRS 658.021 is hereby amended to 
read as follows:
  658.021  The commissioner:
  1.  Must be a person who has had practical experience in 
banking, savings and loan associations or other financial 
institutions.
  2.  Shall [devote his entire time and attention to the 
business of his office and shall] not pursue any other 
business or occupation or hold any other office of profit 
[.] \which would conflict with:
  (a) The duties of his office; or
  (b) The hours during which he is required to perform those 
duties.
  \\Sec. 12.  NRS 706.882 is hereby amended to 
read as follows:
  706.882  1.  The director of the department of business 
and industry shall appoint a taxicab administrator from a 
list of three names submitted to him by the taxicab 
authority. The administrator serves at the pleasure of the 
director. The administrator is in the unclassified service 
of the state.
  2.  The taxicab authority may remove the administrator for 
good cause shown.
  3.  The taxicab administrator shall [devote his entire 
time and attention to the business of his office and shall] 
not pursue any other business or occupation or hold any 
other office of profit [.] \which would conflict with:
  (a) The duties of his office; or
  (b) The hours during which he is required to perform those 
duties.\\
  Sec. 13.  This act becomes effective upon 
passage and approval.

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