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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 612 of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. "Employment" does not include service performed while1-4
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; and1-6
(b) The sporting event is:1-7
(1) Amateur, intercollegiate or interscholastic; and1-8
(2) Sponsored by a public agency, public entity or private, nonprofit1-9
organization.1-10
2. For the purposes of this section, "sports official" includes an1-11
umpire, referee, judge, scorekeeper, timekeeper or other person who is a1-12
neutral participant in a sporting event.2-1
Sec. 2. NRS 612.015 is hereby amended to read as follows: 612.015 As used in this chapter, unless the context2-3
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612.016 to 612.200, inclusive, and section 1 of this act have the meanings2-5
ascribed to them in those sections.2-6
Sec. 3. NRS 616A.110 is hereby amended to read as follows: 616A.110 "Employee" excludes:2-8
1. Any person whose employment is both casual and not in the course2-9
of the trade, business, profession or occupation of his employer.2-10
2. Any person engaged as a theatrical or stage performer or in an2-11
exhibition.2-12
3. Musicians when their services are merely casual in nature and not2-13
lasting more than 2 consecutive days, and not recurring for the same2-14
employer, as in wedding receptions, private parties and similar2-15
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 as2-18
otherwise provided in chapters 616A to 616D, inclusive, of NRS.2-19
5. Any person performing services as a voluntary ski patrolman who2-20
receives no compensation for his services other than meals, lodging, or use2-21
of the ski tow or lift facilities.2-22
6. Any person performing services as a sports official for a nominal2-23
fee at a sporting event that is amateur, intercollegiate or interscholastic2-24
and that is sponsored by a public agency, public entity or private,2-25
nonprofit organization. For the purposes of this subsection, "sports2-26
official" includes an umpire, referee, judge, scorekeeper, timekeeper or2-27
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, or2-29
any person occupying a similar position with respect to any other religion.2-30
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pursuant to chapter 645 of NRS.2-32
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(a) Directly sells or solicits the sale of products, in person or by2-34
telephone:2-35
(1) On the basis of a deposit, commission, purchase for resale or2-36
similar arrangement specified by the administrator by regulation, if the2-37
products are to be resold to another person in his home or place other than2-38
a retail store; or2-39
(2) To another person from his home or place other than a retail2-40
store;2-41
(b) Receives compensation or remuneration based on sales to customers2-42
rather than for the number of hours that he works; and3-1
(c) Performs pursuant to a written agreement with the person for whom3-2
the services are performed which provides that he is not an employee for3-3
the purposes of this chapter.3-4
Sec. 4. NRS 617.080 is hereby amended to read as follows: 617.080 "Employee" excludes:3-6
1. Any person whose employment is both casual and not in the course3-7
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 as3-10
otherwise provided in this chapter.3-11
3. Any person engaged as a theatrical or stage performer or in an3-12
exhibition.3-13
4. Musicians when their services are merely casual in nature and not3-14
lasting more than 2 consecutive days, and not recurring for the same3-15
employer, as in wedding receptions, private parties and similar3-16
miscellaneous engagements.3-17
5. Any person performing services as a voluntary ski patrolman who3-18
receives no compensation for his services other than meals, lodging or use3-19
of the ski tow or lift facilities.3-20
6. Any person performing services as a sports official for a nominal3-21
fee at a sporting event that is amateur, intercollegiate or interscholastic3-22
and that is sponsored by a public agency, public entity or private,3-23
nonprofit organization. For the purposes of this subsection, "sports3-24
official" includes an umpire, referee, judge, scorekeeper, timekeeper or3-25
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 by3-28
telephone:3-29
(1) On the basis of a deposit, commission, purchase for resale or3-30
similar arrangement specified by the administrator of the division of3-31
industrial relations of the department of business and industry by3-32
regulation, if the products are to be resold to another person in his home or3-33
place other than a retail store; or3-34
(2) To another person from his home or place other than a retail3-35
store;3-36
(b) Receives compensation or remuneration based on sales to customers3-37
rather than for the number of hours that he works; and3-38
(c) Performs pursuant to a written agreement with the person for whom3-39
the services are performed which provides that he is not an employee for3-40
the purposes of this chapter.3-41
Sec. 5. Chapter 286 of NRS is hereby amended by adding thereto a3-42
new section to read as follows:3-43
"Sports official":4-1
1. Means any person who officiates, for a nominal fee, at a sporting4-2
event that is amateur, intercollegiate or interscholastic and that is4-3
sponsored by a public agency, public entity or private, nonprofit4-4
organization.4-5
2. Includes an umpire, referee, judge, scorekeeper, timekeeper or4-6
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: 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, and4-10
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: 286.297 The following persons are not eligible to become members of4-13
the system:4-14
1. Inmates of state institutions even though they may be receiving4-15
compensation for services performed for the institution.4-16
2. Independent contractors or persons rendering professional services4-17
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 retired4-20
under the provisions of this chapter who are employed by a participating4-21
public employer.4-22
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its political subdivisions when such boards or commissions are advisory or4-24
directive and when membership thereon is not compensated except for4-25
expenses incurred. Receipt of a fee for attendance at official sessions of a4-26
particular board or commission does not constitute compensation for the4-27
purpose of this subsection.4-28
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institution which they attend.4-30
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appointed on or after July 1, 1977, who are not enrolled in the system at4-32
the time of election or appointment.4-33
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Community College System of Nevada who are employed on or after July4-35
1, 1977.4-36
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Comprehensive Employment and Training Act.4-38
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assigned to intermittent or temporary positions unless the assignment4-40
exceeds 6 consecutive months.4-41
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guards at school crossings.5-1
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(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 employees5-5
of the same employer; and5-6
(d) Do not work a regular schedule or are requested to work for a shift5-7
at a time.~