Assembly Bill No. 153–Assemblymen de Braga, Gustavson, Koivisto, Chowning, Price, Manendo, Freeman, Anderson, Angle, McClain, Bache, Giunchigliani, Arberry and Williams

February 8, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Exempts certain sports officials from various provisions governing compensation. (BDR 53-144)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to compensation; excluding certain sports officials from the payment of unemployment compensation; excluding certain sports officials from the payment of workers’ compensation; excluding certain sports officials from participation in the public employees’ retirement system; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 612 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. "Employment" does not include service performed while

1-4 officiating a sporting event by a person who acts as a sports official if:

1-5 (a) The person is paid a nominal fee for his service; and

1-6 (b) The sporting event is:

1-7 (1) Amateur, intercollegiate or interscholastic; and

1-8 (2) Sponsored by a public agency, public entity or private, nonprofit

1-9 organization.

1-10 2. For the purposes of this section, "sports official" includes an

1-11 umpire, referee, judge, scorekeeper, timekeeper or other person who is a

1-12 neutral participant in a sporting event.

2-1 Sec. 2. NRS 612.015 is hereby amended to read as follows:

2-2 612.015 As used in this chapter, unless the context [clearly requires

2-3 otherwise,] otherwise requires, the words and terms defined in NRS

2-4 612.016 to 612.200, inclusive, and section 1 of this act have the meanings

2-5 ascribed to them in those sections.

2-6 Sec. 3. NRS 616A.110 is hereby amended to read as follows:

2-7 616A.110 "Employee" excludes:

2-8 1. Any person whose employment is both casual and not in the course

2-9 of the trade, business, profession or occupation of his employer.

2-10 2. Any person engaged as a theatrical or stage performer or in an

2-11 exhibition.

2-12 3. Musicians when their services are merely casual in nature and not

2-13 lasting more than 2 consecutive days, and not recurring for the same

2-14 employer, as in wedding receptions, private parties and similar

2-15 miscellaneous engagements.

2-16 4. Any person engaged in household domestic service, farm, dairy,

2-17 agricultural or horticultural labor, or in stock or poultry raising, except as

2-18 otherwise provided in chapters 616A to 616D, inclusive, of NRS.

2-19 5. Any person performing services as a voluntary ski patrolman who

2-20 receives no compensation for his services other than meals, lodging, or use

2-21 of the ski tow or lift facilities.

2-22 6. Any person performing services as a sports official for a nominal

2-23 fee at a sporting event that is amateur, intercollegiate or interscholastic

2-24 and that is sponsored by a public agency, public entity or private,

2-25 nonprofit organization. For the purposes of this subsection, "sports

2-26 official" includes an umpire, referee, judge, scorekeeper, timekeeper or

2-27 other person who is a neutral participant in a sporting event.

2-28 7. Any clergyman, rabbi or lay reader in the service of a church, or

2-29 any person occupying a similar position with respect to any other religion.

2-30 [7.] 8. Any real estate broker, broker-salesman or salesman licensed

2-31 pursuant to chapter 645 of NRS.

2-32 [8.] 9. Any person who:

2-33 (a) Directly sells or solicits the sale of products, in person or by

2-34 telephone:

2-35 (1) On the basis of a deposit, commission, purchase for resale or

2-36 similar arrangement specified by the administrator by regulation, if the

2-37 products are to be resold to another person in his home or place other than

2-38 a retail store; or

2-39 (2) To another person from his home or place other than a retail

2-40 store;

2-41 (b) Receives compensation or remuneration based on sales to customers

2-42 rather than for the number of hours that he works; and

3-1 (c) Performs pursuant to a written agreement with the person for whom

3-2 the services are performed which provides that he is not an employee for

3-3 the purposes of this chapter.

3-4 Sec. 4. NRS 617.080 is hereby amended to read as follows:

3-5 617.080 "Employee" excludes:

3-6 1. Any person whose employment is both casual and not in the course

3-7 of the trade, business, profession or occupation of his employer.

3-8 2. Any person engaged in household domestic service, farm, dairy,

3-9 agricultural or horticultural labor, or in stock or poultry raising, except as

3-10 otherwise provided in this chapter.

3-11 3. Any person engaged as a theatrical or stage performer or in an

3-12 exhibition.

3-13 4. Musicians when their services are merely casual in nature and not

3-14 lasting more than 2 consecutive days, and not recurring for the same

3-15 employer, as in wedding receptions, private parties and similar

3-16 miscellaneous engagements.

3-17 5. Any person performing services as a voluntary ski patrolman who

3-18 receives no compensation for his services other than meals, lodging or use

3-19 of the ski tow or lift facilities.

3-20 6. Any person performing services as a sports official for a nominal

3-21 fee at a sporting event that is amateur, intercollegiate or interscholastic

3-22 and that is sponsored by a public agency, public entity or private,

3-23 nonprofit organization. For the purposes of this subsection, "sports

3-24 official" includes an umpire, referee, judge, scorekeeper, timekeeper or

3-25 other person who is a neutral participant in a sporting event.

3-26 7. Any person who:

3-27 (a) Directly sells or solicits the sale of products, in person or by

3-28 telephone:

3-29 (1) On the basis of a deposit, commission, purchase for resale or

3-30 similar arrangement specified by the administrator of the division of

3-31 industrial relations of the department of business and industry by

3-32 regulation, if the products are to be resold to another person in his home or

3-33 place other than a retail store; or

3-34 (2) To another person from his home or place other than a retail

3-35 store;

3-36 (b) Receives compensation or remuneration based on sales to customers

3-37 rather than for the number of hours that he works; and

3-38 (c) Performs pursuant to a written agreement with the person for whom

3-39 the services are performed which provides that he is not an employee for

3-40 the purposes of this chapter.

3-41 Sec. 5. Chapter 286 of NRS is hereby amended by adding thereto a

3-42 new section to read as follows:

3-43 "Sports official":

4-1 1. Means any person who officiates, for a nominal fee, at a sporting

4-2 event that is amateur, intercollegiate or interscholastic and that is

4-3 sponsored by a public agency, public entity or private, nonprofit

4-4 organization.

4-5 2. Includes an umpire, referee, judge, scorekeeper, timekeeper or

4-6 other person who is a neutral participant in a sports event.

4-7 Sec. 6. NRS 286.016 is hereby amended to read as follows:

4-8 286.016 As used in this chapter, unless the context otherwise requires,

4-9 the words and terms defined in NRS 286.017 to 286.100, inclusive, and

4-10 section 5 of this act have the meanings ascribed to them in such sections.

4-11 Sec. 7. NRS 286.297 is hereby amended to read as follows:

4-12 286.297 The following persons are not eligible to become members of

4-13 the system:

4-14 1. Inmates of state institutions even though they may be receiving

4-15 compensation for services performed for the institution.

4-16 2. Independent contractors or persons rendering professional services

4-17 on a fee, retainer or contract basis.

4-18 3. A person performing services as a sports official.

4-19 4. Except as otherwise provided in NRS 286.525, persons retired

4-20 under the provisions of this chapter who are employed by a participating

4-21 public employer.

4-22 [4.] 5. Members of boards or commissions of the State of Nevada or of

4-23 its political subdivisions when such boards or commissions are advisory or

4-24 directive and when membership thereon is not compensated except for

4-25 expenses incurred. Receipt of a fee for attendance at official sessions of a

4-26 particular board or commission does not constitute compensation for the

4-27 purpose of this subsection.

4-28 [5.] 6. Substitute teachers and students who are employed by the

4-29 institution which they attend.

4-30 [6.] 7. District judges and justices of the supreme court first elected or

4-31 appointed on or after July 1, 1977, who are not enrolled in the system at

4-32 the time of election or appointment.

4-33 [7.] 8. Members of the professional staff of the University and

4-34 Community College System of Nevada who are employed on or after July

4-35 1, 1977.

4-36 [8.] 9. Persons employed on or after July 1, 1979, under the

4-37 Comprehensive Employment and Training Act.

4-38 [9.] 10. Except as otherwise provided in NRS 286.293, persons

4-39 assigned to intermittent or temporary positions unless the assignment

4-40 exceeds 6 consecutive months.

4-41 [10.] 11. Persons employed on or after July 1, 1981, as part-time

4-42 guards at school crossings.

5-1 [11.] 12. Nurses who:

5-2 (a) Are not full-time employees;

5-3 (b) Are paid an hourly wage on a daily basis;

5-4 (c) Do not receive the employee benefits received by other employees

5-5 of the same employer; and

5-6 (d) Do not work a regular schedule or are requested to work for a shift

5-7 at a time.

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