Assembly Bill No. 63–Assemblyman Anderson

Prefiled January 28, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Exempts certain sports officials from various provisions governing compensation. (BDR 53-113)

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.

1-13 Sec. 2. NRS 612.015 is hereby amended to read as follows:

1-14 612.015 As used in this chapter, unless the context [clearly requires

1-15 otherwise,] otherwise requires, the words and terms defined in NRS

1-16 612.016 to 612.200, inclusive, and section 1 of this act have the meanings

1-17 ascribed to them in those sections.

2-1 Sec. 3. NRS 616A.110 is hereby amended to read as follows:

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

2-3 1. Any person whose employment is both casual and not in the course

2-4 of the trade, business, profession or occupation of his employer.

2-5 2. Any person engaged as a theatrical or stage performer or in an

2-6 exhibition.

2-7 3. Musicians when their services are merely casual in nature and not

2-8 lasting more than 2 consecutive days, and not recurring for the same

2-9 employer, as in wedding receptions, private parties and similar

2-10 miscellaneous engagements.

2-11 4. Any person engaged in household domestic service, farm, dairy,

2-12 agricultural or horticultural labor, or in stock or poultry raising, except as

2-13 otherwise provided in chapters 616A to 616D, inclusive, of NRS.

2-14 5. Any person performing services as a voluntary ski patrolman who

2-15 receives no compensation for his services other than meals, lodging, or use

2-16 of the ski tow or lift facilities.

2-17 6. Any person performing services as a sports official for a nominal

2-18 fee at a sporting event that is amateur, intercollegiate or interscholastic

2-19 and that is sponsored by a public agency, public entity or private,

2-20 nonprofit organization. For the purposes of this subsection, "sports

2-21 official" includes an umpire, referee, judge, scorekeeper, timekeeper or

2-22 other person who is a neutral participant in a sporting event.

2-23 7. Any clergyman, rabbi or lay reader in the service of a church, or

2-24 any person occupying a similar position with respect to any other religion.

2-25 [7.] 8. Any real estate broker, broker-salesman or salesman licensed

2-26 pursuant to chapter 645 of NRS.

2-27 [8.] 9. Any person who:

2-28 (a) Directly sells or solicits the sale of products, in person or by

2-29 telephone:

2-30 (1) On the basis of a deposit, commission, purchase for resale or

2-31 similar arrangement specified by the administrator by regulation, if the

2-32 products are to be resold to another person in his home or place other than

2-33 a retail store; or

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

2-35 store;

2-36 (b) Receives compensation or remuneration based on sales to customers

2-37 rather than for the number of hours that he works; and

2-38 (c) Performs pursuant to a written agreement with the person for whom

2-39 the services are performed which provides that he is not an employee for

2-40 the purposes of this chapter.

2-41 Sec. 4. NRS 617.080 is hereby amended to read as follows:

2-42 617.080 "Employee" excludes:

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

3-2 of the trade, business, profession or occupation of his employer.

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

3-4 agricultural or horticultural labor, or in stock or poultry raising, except as

3-5 otherwise provided in this chapter.

3-6 3. Any person engaged as a theatrical or stage performer or in an

3-7 exhibition.

3-8 4. Musicians when their services are merely casual in nature and not

3-9 lasting more than 2 consecutive days, and not recurring for the same

3-10 employer, as in wedding receptions, private parties and similar

3-11 miscellaneous engagements.

3-12 5. Any person performing services as a voluntary ski patrolman who

3-13 receives no compensation for his services other than meals, lodging or use

3-14 of the ski tow or lift facilities.

3-15 6. Any person performing services as a sports official for a nominal

3-16 fee at a sporting event that is amateur, intercollegiate or interscholastic

3-17 and that is sponsored by a public agency, public entity or private,

3-18 nonprofit organization. For the purposes of this subsection, "sports

3-19 official" includes an umpire, referee, judge, scorekeeper, timekeeper or

3-20 other person who is a neutral participant in a sporting event.

3-21 7. 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.

3-36 Sec. 5. Chapter 286 of NRS is hereby amended by adding thereto a

3-37 new section to read as follows:

3-38 "Sports official":

3-39 1. Means any person who officiates, for a nominal fee, at a sporting

3-40 event that is amateur, intercollegiate or interscholastic and that is

3-41 sponsored by a public agency, public entity or private, nonprofit

3-42 organization.

4-1 2. Includes an umpire, referee, judge, scorekeeper, timekeeper or

4-2 other person who is a neutral participant in a sports event.

5-1 Sec. 6. NRS 286.016 is hereby amended to read as follows:

5-2 286.016 As used in this chapter, unless the context otherwise requires,

5-3 the words and terms defined in NRS 286.017 to 286.100, inclusive, and

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

5-5 Sec. 7. NRS 286.297 is hereby amended to read as follows:

5-6 286.297 The following persons are not eligible to become members of

5-7 the system:

5-8 1. Inmates of state institutions even though they may be receiving

5-9 compensation for services performed for the institution.

5-10 2. Independent contractors or persons rendering professional services

5-11 on a fee, retainer or contract basis.

5-12 3. A person performing services as a sports official.

5-13 4. Except as otherwise provided in NRS 286.525, persons retired

5-14 under the provisions of this chapter who are employed by a participating

5-15 public employer.

5-16 [4.] 5. Members of boards or commissions of the State of Nevada or of

5-17 its political subdivisions when such boards or commissions are advisory or

5-18 directive and when membership thereon is not compensated except for

5-19 expenses incurred. Receipt of a fee for attendance at official sessions of a

5-20 particular board or commission does not constitute compensation for the

5-21 purpose of this subsection.

5-22 [5.] 6. Substitute teachers and students who are employed by the

5-23 institution which they attend.

5-24 [6.] 7. District judges and justices of the supreme court first elected or

5-25 appointed on or after July 1, 1977, who are not enrolled in the system at

5-26 the time of election or appointment.

5-27 [7.] 8. Members of the professional staff of the University and

5-28 Community College System of Nevada who are employed on or after July

5-29 1, 1977.

5-30 [8.] 9. Persons employed on or after July 1, 1979, under the

5-31 Comprehensive Employment and Training Act.

5-32 [9.] 10. Except as otherwise provided in NRS 286.293, persons

5-33 assigned to intermittent or temporary positions unless the assignment

5-34 exceeds 6 consecutive months.

5-35 [10.] 11. Persons employed on or after July 1, 1981, as part-time

5-36 guards at school crossings.

5-37 [11.] 12. Nurses who:

5-38 (a) Are not full-time employees;

5-39 (b) Are paid an hourly wage on a daily basis;

6-1 (c) Do not receive the employee benefits received by other employees

6-2 of the same employer; and

6-3 (d) Do not work a regular schedule or are requested to work for a shift

6-4 at a time.

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