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
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.1-13
Sec. 2. NRS 612.015 is hereby amended to read as follows: 612.015 As used in this chapter, unless the context1-15
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612.016 to 612.200, inclusive, and section 1 of this act have the meanings1-17
ascribed to them in those sections.2-1
Sec. 3. NRS 616A.110 is hereby amended to read as follows: 616A.110 "Employee" excludes:2-3
1. Any person whose employment is both casual and not in the course2-4
of the trade, business, profession or occupation of his employer.2-5
2. Any person engaged as a theatrical or stage performer or in an2-6
exhibition.2-7
3. Musicians when their services are merely casual in nature and not2-8
lasting more than 2 consecutive days, and not recurring for the same2-9
employer, as in wedding receptions, private parties and similar2-10
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 as2-13
otherwise provided in chapters 616A to 616D, inclusive, of NRS.2-14
5. Any person performing services as a voluntary ski patrolman who2-15
receives no compensation for his services other than meals, lodging, or use2-16
of the ski tow or lift facilities.2-17
6. Any person performing services as a sports official for a nominal2-18
fee at a sporting event that is amateur, intercollegiate or interscholastic2-19
and that is sponsored by a public agency, public entity or private,2-20
nonprofit organization. For the purposes of this subsection, "sports2-21
official" includes an umpire, referee, judge, scorekeeper, timekeeper or2-22
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, or2-24
any person occupying a similar position with respect to any other religion.2-25
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pursuant to chapter 645 of NRS.2-27
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(a) Directly sells or solicits the sale of products, in person or by2-29
telephone:2-30
(1) On the basis of a deposit, commission, purchase for resale or2-31
similar arrangement specified by the administrator by regulation, if the2-32
products are to be resold to another person in his home or place other than2-33
a retail store; or2-34
(2) To another person from his home or place other than a retail2-35
store;2-36
(b) Receives compensation or remuneration based on sales to customers2-37
rather than for the number of hours that he works; and2-38
(c) Performs pursuant to a written agreement with the person for whom2-39
the services are performed which provides that he is not an employee for2-40
the purposes of this chapter.2-41
Sec. 4. NRS 617.080 is hereby amended to read as follows: 617.080 "Employee" excludes:3-1
1. Any person whose employment is both casual and not in the course3-2
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 as3-5
otherwise provided in this chapter.3-6
3. Any person engaged as a theatrical or stage performer or in an3-7
exhibition.3-8
4. Musicians when their services are merely casual in nature and not3-9
lasting more than 2 consecutive days, and not recurring for the same3-10
employer, as in wedding receptions, private parties and similar3-11
miscellaneous engagements.3-12
5. Any person performing services as a voluntary ski patrolman who3-13
receives no compensation for his services other than meals, lodging or use3-14
of the ski tow or lift facilities.3-15
6. Any person performing services as a sports official for a nominal3-16
fee at a sporting event that is amateur, intercollegiate or interscholastic3-17
and that is sponsored by a public agency, public entity or private,3-18
nonprofit organization. For the purposes of this subsection, "sports3-19
official" includes an umpire, referee, judge, scorekeeper, timekeeper or3-20
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 by3-23
telephone:3-24
(1) On the basis of a deposit, commission, purchase for resale or3-25
similar arrangement specified by the administrator of the division of3-26
industrial relations of the department of business and industry by3-27
regulation, if the products are to be resold to another person in his home or3-28
place other than a retail store; or3-29
(2) To another person from his home or place other than a retail3-30
store;3-31
(b) Receives compensation or remuneration based on sales to customers3-32
rather than for the number of hours that he works; and3-33
(c) Performs pursuant to a written agreement with the person for whom3-34
the services are performed which provides that he is not an employee for3-35
the purposes of this chapter.3-36
Sec. 5. Chapter 286 of NRS is hereby amended by adding thereto a3-37
new section to read as follows:3-38
"Sports official":3-39
1. Means any person who officiates, for a nominal fee, at a sporting3-40
event that is amateur, intercollegiate or interscholastic and that is3-41
sponsored by a public agency, public entity or private, nonprofit3-42
organization.4-1
2. Includes an umpire, referee, judge, scorekeeper, timekeeper or4-2
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: 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, and5-4
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: 286.297 The following persons are not eligible to become members of5-7
the system:5-8
1. Inmates of state institutions even though they may be receiving5-9
compensation for services performed for the institution.5-10
2. Independent contractors or persons rendering professional services5-11
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 retired5-14
under the provisions of this chapter who are employed by a participating5-15
public employer.5-16
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its political subdivisions when such boards or commissions are advisory or5-18
directive and when membership thereon is not compensated except for5-19
expenses incurred. Receipt of a fee for attendance at official sessions of a5-20
particular board or commission does not constitute compensation for the5-21
purpose of this subsection.5-22
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institution which they attend.5-24
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appointed on or after July 1, 1977, who are not enrolled in the system at5-26
the time of election or appointment.5-27
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Community College System of Nevada who are employed on or after July5-29
1, 1977.5-30
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Comprehensive Employment and Training Act.5-32
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assigned to intermittent or temporary positions unless the assignment5-34
exceeds 6 consecutive months.5-35
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guards at school crossings.5-37
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(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 employees6-2
of the same employer; and6-3
(d) Do not work a regular schedule or are requested to work for a shift6-4
at a time.~