Assembly Bill No. 334–Assemblymen Hettrick, Humke, Collins, Perkins, Dini, Cegavske, Beers, Nolan, Leslie, Evans, Goldwater, Thomas, Carpenter, Segerblom, Gustavson, Chowning, de Braga, Mortenson, Claborn, McClain and Koivisto

February 26, 1999

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Joint Sponsors: Senators Townsend, O’Connell and Rhoads

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Referred to Committee on Commerce and Labor

 

SUMMARY—Provides for industrial insurance coverage for persons employed in casual employment. (BDR 53-86)

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 industrial insurance; providing for industrial insurance coverage for persons who are employed in casual employment; 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. NRS 616A.110 is hereby amended to read as follows:

1-2 616A.110 "Employee" excludes:

1-3 1. [Any] Except as otherwise provided in section 2 of this act, any

1-4 person whose employment is both casual and not in the course of the trade,

1-5 business, profession or occupation of his employer.

1-6 2. Any person engaged as a theatrical or stage performer or in an

1-7 exhibition.

1-8 3. Musicians when their services are merely casual in nature and not

1-9 lasting more than 2 consecutive days, and not recurring for the same

1-10 employer, as in wedding receptions, private parties and similar

1-11 miscellaneous engagements.

2-1 4. Any person engaged in household domestic service, farm, dairy,

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

2-3 otherwise provided in chapters 616A to 616D, inclusive, of NRS.

2-4 5. Any person performing services as a voluntary ski patrolman who

2-5 receives no compensation for his services other than meals, lodging, or use

2-6 of the ski tow or lift facilities.

2-7 6. Any clergyman, rabbi or lay reader in the service of a church, or

2-8 any person occupying a similar position with respect to any other religion.

2-9 7. Any real estate broker, broker-salesman or salesman licensed

2-10 pursuant to chapter 645 of NRS.

2-11 8. Any person who:

2-12 (a) Directly sells or solicits the sale of products, in person or by

2-13 telephone:

2-14 (1) On the basis of a deposit, commission, purchase for resale or

2-15 similar arrangement specified by the administrator by regulation, if the

2-16 products are to be resold to another person in his home or place other than

2-17 a retail store; or

2-18 (2) To another person from his home or place other than a retail

2-19 store;

2-20 (b) Receives compensation or remuneration based on sales to customers

2-21 rather than for the number of hours that he works; and

2-22 (c) Performs pursuant to a written agreement with the person for whom

2-23 the services are performed which provides that he is not an employee for

2-24 the purposes of this chapter.

2-25 Sec. 2. Chapter 616B of NRS is hereby amended by adding thereto a

2-26 new section to read as follows:

2-27 1. The system or any private carrier may establish a plan to provide

2-28 industrial insurance to a person who employs a casual laborer for the

2-29 term of that employment. Upon establishing such a plan, the manager or

2-30 private carrier may, with the approval of the commissioner, determine

2-31 and fix the premium rates to be paid, which must be based on man

2-32 months worked. Any work performed during a calendar month must be

2-33 counted as 1 man month for the purposes of determining premiums.

2-34 2. Any casual laborer for whom industrial insurance is provided

2-35 pursuant to such a plan:

2-36 (a) Shall be deemed to be an employee while performing work for his

2-37 employer at a wage equal to his average monthly wage as determined

2-38 pursuant to the regulations adopted by the administrator pursuant to

2-39 NRS 616C.420; and

2-40 (b) Is entitled to the benefits of chapters 616A to 616D, inclusive, of

2-41 NRS.

3-1 3. As used in this section, "casual laborer" means a person whose

3-2 employment is both casual and not in the course of the trade, business,

3-3 profession or occupation of his employer.

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

3-5 617.080 "Employee" excludes:

3-6 1. [Any] Except as otherwise provided in section 2 of this act, any

3-7 person whose employment is both casual and not in the course of the trade,

3-8 business, profession or occupation of his employer.

3-9 2. Any person engaged in household domestic service, farm, dairy,

3-10 agricultural or horticultural labor, or in stock or poultry raising, except as

3-11 otherwise provided in this chapter.

3-12 3. Any person engaged as a theatrical or stage performer or in an

3-13 exhibition.

3-14 4. Musicians when their services are merely casual in nature and not

3-15 lasting more than 2 consecutive days, and not recurring for the same

3-16 employer, as in wedding receptions, private parties and similar

3-17 miscellaneous engagements.

3-18 5. Any person performing services as a voluntary ski patrolman who

3-19 receives no compensation for his services other than meals, lodging or use

3-20 of the ski tow or lift facilities.

3-21 6. Any person who:

3-22 (a) Directly sells or solicits the sale of products, in person or by

3-23 telephone:

3-24 (1) On the basis of a deposit, commission, purchase for resale or

3-25 similar arrangement specified by the administrator of the division of

3-26 industrial relations of the department of business and industry by

3-27 regulation, if the products are to be resold to another person in his home or

3-28 place other than a retail store; or

3-29 (2) To another person from his home or place other than a retail

3-30 store;

3-31 (b) Receives compensation or remuneration based on sales to customers

3-32 rather than for the number of hours that he works; and

3-33 (c) Performs pursuant to a written agreement with the person for whom

3-34 the services are performed which provides that he is not an employee for

3-35 the purposes of this chapter.

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