Assembly Bill No. 356–Assemblywoman Giunchigliani

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises various provisions relating to establishment of living wage and certain benefits for certain employees in private employment. (BDR 53‑682)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to labor; increasing the minimum wage that must be paid to certain employees in private employment; requiring annual adjustment by the Labor Commissioner of the minimum wage under certain circumstances; requiring the Department of Employment, Training and Rehabilitation to perform certain calculations with respect to the cost of living for working families within the State; revising provisions relating to the eligibility of certain new and expanded businesses for certain tax abatements; imposing certain requirements relating to the provision of family health care to the employees and dependents of certain larger grocery stores; providing a penalty; 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 608.250 is hereby amended to read as follows:

1-2  608.250  1.  Except as otherwise provided in this section, the

1-3  [Labor Commissioner shall, in accordance with federal law,

1-4  establish by regulation the] minimum wage which [may] must be

1-5  paid to employees in private employment within the State[.] is:

1-6  (a) For employees who are 18 years of age or older, a base

1-7  amount of $6.15 per hour, plus any increase prescribed by the

1-8  Labor Commissioner pursuant to subsection 2.

2-1  (b) For employees who are under 18 years of age, a base

2-2  amount of $5.38 per hour, plus any increase prescribed by the

2-3  Labor Commissioner pursuant to subsection 2.

2-4  For the purposes of determining the total minimum wage required

2-5  to be paid pursuant to this subsection, any increases prescribed by

2-6  the Labor Commissioner pursuant to subsection 2 on July 1, 2004,

2-7  and each July 1 thereafter must be added cumulatively to the base

2-8  amounts set forth in this subsection.

2-9  2.  The Labor Commissioner shall , on July 1, 2004, and each

2-10  July 1 thereafter, prescribe by regulation increases in the minimum

2-11  wage in accordance with [those prescribed by federal law, unless he

2-12  determines that those increases are contrary to the public interest.

2-13      2.] and equal to the percentage increase, if any, in the

2-14  Consumer Price Index (All Items) for the year ending on

2-15  December 31 immediately preceding the fiscal year for which the

2-16  increase is calculated.

2-17      3. The provisions of subsection 1 do not apply to:

2-18      (a) Casual babysitters.

2-19      (b) Domestic service employees who reside in the household

2-20  where they work.

2-21      (c) Outside salespersons whose earnings are based on

2-22  commissions.

2-23      (d) Employees engaged in an agricultural pursuit for an

2-24  employer who did not use more than 500 man-days of agricultural

2-25  labor in any calendar quarter of the preceding calendar year.

2-26      (e) Taxicab and limousine drivers.

2-27      (f) Severely handicapped persons whose disabilities have

2-28  diminished their productive capacity in a specific job and who are

2-29  specified in certificates issued by the Rehabilitation Division of the

2-30  Department of Employment, Training and Rehabilitation.

2-31      [3.] 4. It is unlawful for any person to employ, cause to be

2-32  employed or permit to be employed, or to contract with, cause to be

2-33  contracted with or permit to be contracted with, any person for a

2-34  wage less than that [established by the Labor Commissioner

2-35  pursuant to the provisions of] provided in this section.

2-36      Sec. 2.  NRS 608.260 is hereby amended to read as follows:

2-37      608.260  If any employer pays any employee a lesser amount

2-38  than the minimum wage prescribed [by regulation of the Labor

2-39  Commissioner] pursuant to the provisions of NRS 608.250, the

2-40  employee may, at any time within 2 years, bring a civil action to

2-41  recover the difference between the amount paid to the employee and

2-42  the amount of the minimum wage. A contract between the employer

2-43  and the employee or any acceptance of a lesser wage by the

2-44  employee is not a bar to the action.

3-1  Sec. 3.  Chapter 232 of NRS is hereby amended by adding

3-2  thereto a new section to read as follows:

3-3  1.  For the purpose of determining the cost of living for

3-4  working families within this state, the Department shall, on or

3-5  before January 31 of each year, calculate budgets for five separate

3-6  types of family units:

3-7  (a) A household consisting of a single person;

3-8  (b) A household consisting of one parent and one child;

3-9  (c) A household consisting of one parent and two children;

3-10      (d) A household consisting of two parents and one child; and

3-11      (e) A household consisting of two parents and two children.

3-12      2.  For the purpose of determining the efficacy of tax

3-13  incentives and other incentives with respect to the creation of jobs

3-14  within this state that pay livable wages, as determined pursuant to

3-15  subsection 4, the Department shall, on or before January 31 of

3-16  each year:

3-17      (a) Identify each business, company or corporation that has

3-18  received an incentive, including, without limitation, a tax

3-19  abatement, to relocate within this state or to expand its operations

3-20  within this state; and

3-21      (b) Calculate the number of jobs created within this state by

3-22  each of the businesses, companies and corporations that received

3-23  the incentives described in paragraph (a). The calculations

3-24  required pursuant to this paragraph must include or be

3-25  accompanied by an assessment of:

3-26          (1) The average wage of nonmanagerial employees paid by

3-27  the applicable business, company or corporation that received the

3-28  incentive;

3-29          (2) The health care benefits offered to nonmanagerial

3-30  employees by the applicable business, company or corporation that

3-31  received the incentive; and

3-32          (3) The particular type of incentive and amount of incentive

3-33  received by the applicable business, company or corporation.

3-34      3.  The budgets calculated pursuant to subsection 1 must

3-35  measure living expenses in the following areas:

3-36      (a) Food;

3-37      (b) Housing and utilities;

3-38      (c) Health care;

3-39      (d) Transportation;

3-40      (e) Child care;

3-41      (f) Miscellaneous expenses, including, without limitation,

3-42  expenses for cleaning products, clothing and personal spending;

3-43      (g) Savings and investment; and

3-44      (h) Taxes, including, without limitation, federal, sales and

3-45  payroll taxes.

4-1  4.  The Department shall, on or before May 31 of each year:

4-2  (a) Using the budgets calculated pursuant to subsection 1,

4-3  determine an estimated livable wage for each of the types of family

4-4  units described in that subsection; and

4-5  (b) Identify the percentage of jobs within this state that pay the

4-6  estimated livable wages determined pursuant to paragraph (a).

4-7  5.  The Department shall, by regulation, set forth its

4-8  assumptions and methodology with respect to the calculations and

4-9  determinations required pursuant to this section.

4-10      Sec. 4.  NRS 232.900 is hereby amended to read as follows:

4-11      232.900  As used in NRS 232.900 to 232.960, inclusive, and

4-12  section 3 of this act, unless the context otherwise requires:

4-13      1.  “Department” means the Department of Employment,

4-14  Training and Rehabilitation.

4-15      2.  “Director” means the Director of the Department.

4-16      Sec. 5.  NRS 360.750 is hereby amended to read as follows:

4-17      360.750  1.  A person who intends to locate or expand a

4-18  business in this state may apply to the Commission on Economic

4-19  Development for a partial abatement of one or more of the taxes

4-20  imposed on the new or expanded business pursuant to chapter 361,

4-21  364A or 374 of NRS.

4-22      2.  The Commission on Economic Development shall approve

4-23  an application for a partial abatement if the Commission makes the

4-24  following determinations:

4-25      (a) The business is consistent with:

4-26          (1) The State Plan for Industrial Development and

4-27  Diversification that is developed by the Commission pursuant to

4-28  NRS 231.067; and

4-29          (2) Any guidelines adopted pursuant to the State Plan.

4-30      (b) The applicant has executed an agreement with the

4-31  Commission which states that the business will, after the date on

4-32  which a certificate of eligibility for the abatement is issued pursuant

4-33  to subsection [5,] 6, continue in operation in this state for a period

4-34  specified by the Commission, which must be at least 5 years, and

4-35  will continue to meet the eligibility requirements set forth in this

4-36  subsection. The agreement must bind the successors in interest of

4-37  the business for the specified period.

4-38      (c) The business is registered pursuant to the laws of this state or

4-39  the applicant commits to obtain a valid business license and all other

4-40  permits required by the county, city or town in which the business

4-41  operates.

4-42      (d) Except as otherwise provided in NRS 361.0687, if the

4-43  business is a new business in a county whose population is 100,000

4-44  or more or a city whose population is 60,000 or more, the business

4-45  meets [at least two of] the following requirements:

5-1       (1) [The business will have 75 or more full-time employees

5-2  on the payroll of the business by the fourth quarter that it is in

5-3  operation.

5-4       (2) Establishing the business will require the business to

5-5  make a capital investment of at least $1,000,000 in this state.

5-6       (3)] The average hourly wage that will be paid by the new

5-7  business to its employees in this state is at least 100 percent of the

5-8  average statewide hourly wage as established by the Employment

5-9  Security Division of the Department of Employment, Training and

5-10  Rehabilitation on July 1 of each fiscal year and:

5-11              (I) The business will provide a health insurance plan for

5-12  all employees that includes an option for health insurance coverage

5-13  for dependents of the employees; and

5-14              (II) The cost to the business for the benefits the business

5-15  provides to its employees in this state will meet the minimum

5-16  requirements for benefits established by the Commission by

5-17  regulation pursuant to subsection [9.] 10; and

5-18          (2) The business will have 75 or more full-time employees

5-19  on the payroll of the business by the fourth quarter that it is in

5-20  operation, or establishing the business will require the business to

5-21  make a capital investment of at least $1,000,000 in this state.

5-22      (e) Except as otherwise provided in NRS 361.0687, if the

5-23  business is a new business in a county whose population is less than

5-24  100,000 or a city whose population is less than 60,000, the business

5-25  meets [at least two of] the following requirements:

5-26          (1) [The business will have 25 or more full-time employees

5-27  on the payroll of the business by the fourth quarter that it is in

5-28  operation.

5-29          (2) Establishing the business will require the business to

5-30  make a capital investment of at least $250,000 in this state.

5-31          (3)] The average hourly wage that will be paid by the new

5-32  business to its employees in this state is at least 100 percent of the

5-33  average statewide hourly wage as established by the Employment

5-34  Security Division of the Department of Employment, Training and

5-35  Rehabilitation on July 1 of each fiscal year and:

5-36              (I) The business will provide a health insurance plan for

5-37  all employees that includes an option for health insurance coverage

5-38  for dependents of the employees; and

5-39              (II) The cost to the business for the benefits the business

5-40  provides to its employees in this state will meet the minimum

5-41  requirements for benefits established by the Commission by

5-42  regulation pursuant to subsection [9.] 10; and

5-43          (2) The business will have 25 or more full-time employees

5-44  on the payroll of the business by the fourth quarter that it is in

6-1  operation, or establishing the business will require the business to

6-2  make a capital investment of at least $250,000 in this state.

6-3  (f) If the business is an existing business, the business meets [at

6-4  least two of] the following requirements:

6-5       (1) [The business will increase the number of employees on

6-6  its payroll by 10 percent more than it employed in the immediately

6-7  preceding fiscal year or by six employees, whichever is greater.

6-8       (2) The business will expand by making a capital investment

6-9  in this state in an amount equal to at least 20 percent of the value of

6-10  the tangible property possessed by the business in the immediately

6-11  preceding fiscal year. The determination of the value of the tangible

6-12  property possessed by the business in the immediately preceding

6-13  fiscal year must be made by the:

6-14              (I) County assessor of the county in which the business

6-15  will expand, if the business is locally assessed; or

6-16              (II) Department, if the business is centrally assessed.

6-17          (3)] The average hourly wage that will be paid by the

6-18  existing business to its new employees in this state is at least 100

6-19  percent of the average statewide hourly wage as established by the

6-20  Employment Security Division of the Department of Employment,

6-21  Training and Rehabilitation on July 1 of each fiscal year and:

6-22              (I) The business will provide a health insurance plan for

6-23  all new employees that includes an option for health insurance

6-24  coverage for dependents of the employees; and

6-25              (II) The cost to the business for the benefits the business

6-26  provides to its new employees in this state will meet the minimum

6-27  requirements for benefits established by the Commission by

6-28  regulation pursuant to subsection [9.

6-29      3.] 10; and

6-30          (2) The business will:

6-31              (I) Increase the number of employees on its payroll by

6-32  10 percent more than it employed in the immediately preceding

6-33  fiscal year or by six employees, whichever is greater; or

6-34              (II) Expand by making a capital investment in this state

6-35  in an amount equal to at least 20 percent of the value of the

6-36  tangible property possessed by the business in the immediately

6-37  preceding fiscal year. The determination of the value of the

6-38  tangible property possessed by the business in the immediately

6-39  preceding fiscal year must be made by the county assessor of the

6-40  county in which the business will expand, if the business is locally

6-41  assessed, or must be made by the Department, if the business is

6-42  centrally assessed. 

6-43      3.  For the purposes of determining, pursuant to paragraphs

6-44  (d), (e) and (f) of subsection 2, whether a business will pay an

6-45  average hourly wage that is at least 100 percent of the average

7-1  statewide hourly wage as established by the Employment Security

7-2  Division of the Department of Employment, Training and

7-3  Rehabilitation, the wages to be paid to that portion of the projected

7-4  workforce of the business who will constitute the most highly

7-5  compensated 20 percent of employees of that business must not be

7-6  considered.

7-7  4.  Notwithstanding the provisions of subsection 2, the

7-8  Commission on Economic Development may:

7-9  (a) Approve an application for a partial abatement by a business

7-10  that does not meet the requirements set forth in paragraph (d), (e) or

7-11  (f) of subsection 2;

7-12      (b) Make the requirements set forth in paragraph (d), (e) or (f) of

7-13  subsection 2 more stringent; or

7-14      (c) Add additional requirements that a business must meet to

7-15  qualify for a partial abatement,

7-16  if the Commission determines that such action is necessary.

7-17      [4.] 5. If a person submits an application to the Commission on

7-18  Economic Development pursuant to subsection 1, the Commission

7-19  shall provide notice to the governing body of the county and the city

7-20  or town, if any, in which the person intends to locate or expand a

7-21  business. The notice required pursuant to this subsection must set

7-22  forth the date, time and location of the hearing at which the

7-23  Commission will consider the application.

7-24      [5.] 6. If the Commission on Economic Development approves

7-25  an application for a partial abatement, the Commission shall

7-26  immediately forward a certificate of eligibility for the abatement to:

7-27      (a) The Department;

7-28      (b) The Nevada Tax Commission; and

7-29      (c) If the partial abatement is from the property tax imposed

7-30  pursuant to chapter 361 of NRS, the county treasurer.

7-31      [6.] 7. An applicant for a partial abatement pursuant to this

7-32  section or an existing business whose partial abatement is in effect

7-33  shall, upon the request of the Executive Director of the Commission

7-34  on Economic Development, furnish the Executive Director with

7-35  copies of all records necessary to verify that the applicant meets the

7-36  requirements of subsection 2.

7-37      [7.] 8. If a business whose partial abatement has been approved

7-38  pursuant to this section and is in effect ceases:

7-39      (a) To meet the requirements set forth in subsection 2; or

7-40      (b) Operation before the time specified in the agreement

7-41  described in paragraph (b) of subsection 2,

7-42  the business shall repay to the Department or, if the partial

7-43  abatement was from the property tax imposed pursuant to chapter

7-44  361 of NRS, to the county treasurer, the amount of the exemption

7-45  that was allowed pursuant to this section before the failure of the

8-1  business to comply unless the Nevada Tax Commission determines

8-2  that the business has substantially complied with the requirements of

8-3  this section. Except as otherwise provided in NRS 360.232 and

8-4  360.320, the business shall, in addition to the amount of the

8-5  exemption required to be paid pursuant to this subsection, pay

8-6  interest on the amount due at the rate most recently established

8-7  pursuant to NRS 99.040 for each month, or portion thereof, from the

8-8  last day of the month following the period for which the payment

8-9  would have been made had the partial abatement not been approved

8-10  until the date of payment of the tax.

8-11      [8.] 9. A county treasurer:

8-12      (a) Shall deposit any money that he receives pursuant to

8-13  subsection [7] 8 in one or more of the funds established by a local

8-14  government of the county pursuant to NRS 354.6113 or 354.6115;

8-15  and

8-16      (b) May use the money deposited pursuant to paragraph (a) only

8-17  for the purposes authorized by NRS 354.6113 and 354.6115.

8-18      [9.] 10. The Commission on Economic Development:

8-19      (a) Shall adopt regulations relating to:

8-20          (1) The minimum level of benefits that a business must

8-21  provide to its employees if the business is going to use benefits paid

8-22  to employees as a basis to qualify for a partial abatement; and

8-23          (2) The notice that must be provided pursuant to subsection

8-24  [4.] 5.

8-25      (b) May adopt such other regulations as the Commission on

8-26  Economic Development determines to be necessary to carry out the

8-27  provisions of this section.

8-28      [10.] 11. The Nevada Tax Commission:

8-29      (a) Shall adopt regulations regarding:

8-30          (1) The capital investment that a new business must make to

8-31  meet the requirement set forth in paragraph (d) or (e) of subsection

8-32  2; and

8-33          (2) Any security that a business is required to post to qualify

8-34  for a partial abatement pursuant to this section.

8-35      (b) May adopt such other regulations as the Nevada Tax

8-36  Commission determines to be necessary to carry out the provisions

8-37  of this section.

8-38      [11.] 12. An applicant for an abatement who is aggrieved by a

8-39  final decision of the Commission on Economic Development may

8-40  petition for judicial review in the manner provided in chapter 233B

8-41  of NRS.

8-42      Sec. 6.  Chapter 446 of NRS is hereby amended by adding

8-43  thereto the provisions set forth as sections 7 and 8 of this act.

8-44      Sec. 7.  The Legislature hereby finds and declares that:

9-1  1.  It is vital to public health to ensure that workers who

9-2  handle food for retail sale are not afflicted with contagious

9-3  illnesses. However, the resources available to state and local

9-4  agencies and officers who regulate health are insufficient to

9-5  ensure that those workers do not work during such times as they

9-6  may be afflicted with contagious illnesses. Furthermore, the larger

9-7  the store or business in which workers handle food for retail sale,

9-8  the more difficult it is for state and local agencies and officers who

9-9  regulate health to ensure that workers who handle food for retail

9-10  sale are healthy. Thus, it is the sense of the Legislature on this

9-11  matter that preventing contagious illness among such workers is

9-12  more efficacious than efforts related to inspection.

9-13      2.  Most retailers of food prevent the problems described in

9-14  subsection 1 by providing their employees and the families of their

9-15  employees with full medical benefits and paid sick leave. However,

9-16  a small number of retailers of food do not provide such benefits,

9-17  resulting in a concomitant ability of those retailers to sell food at a

9-18  lower price which, in turn, exerts pressure on the retailers of food

9-19  who do provide such benefits to cease providing those benefits in

9-20  an effort to remain competitive with respect to the price at which

9-21  they are able to sell food. As a result, workers who handle food for

9-22  retail sale and are not afforded such benefits or lose such benefits

9-23  may, through contracting contagious illnesses, impose a burden

9-24  upon charitable institutions and programs of health that are

9-25  financed publicly.

9-26      3.  The selling of food at retail can be a profitable business

9-27  and it is therefore unfair that certain retailers of food, through a

9-28  policy of not providing their employees and the families of their

9-29  employees with full medical benefits and paid sick leave, shift the

9-30  burden of paying for such health care to charitable institutions

9-31  and programs of health that are supported by the contributions of

9-32  taxpayers.

9-33      4.  It is a common practice for governmental agencies to

9-34  condition the granting of permits or contracts to businesses on the

9-35  basis of such businesses indemnifying the agency or providing

9-36  proof of insurance, or both. The Legislature further finds that a

9-37  similar approach is warranted with respect to the granting of

9-38  health permits to large grocery stores.

9-39      5.  This section and section 8 of this act do not require a

9-40  retailer of food to establish a health plan or to modify an existing

9-41  health plan, because the responsibilities of such a retailer

9-42  pursuant to those provisions may be met instead from the general

9-43  assets of the retailer.

10-1      Sec. 8.  1.  As a condition to receiving or renewing a valid

10-2  permit issued by the health authority, as required by NRS 446.870,

10-3  a food establishment that is a large grocery store must:

10-4      (a) Indemnify all potentially affected governmental agencies

10-5  for any significant expense incurred by those agencies in

10-6  providing family health care; and

10-7      (b) Provide to the health authority proof of the indemnification

10-8  required pursuant to paragraph (a).

10-9      2.  The proof required to be provided pursuant to paragraph

10-10  (b) of subsection 1 may be presented in one of the following forms:

10-11     (a) Evidence that the large grocery store has established a

10-12  benefits plan that provides for family health care;

10-13     (b) Evidence that the large grocery store is signatory to a

10-14  collective bargaining agreement that provides for family health

10-15  care;

10-16     (c) Documentary proof from each employee of the large

10-17  grocery store, demonstrating that the store provides insurance for

10-18  family health care; or

10-19     (d) A written commitment from the large grocery store to

10-20  provide the indemnification required pursuant to paragraph (a) of

10-21  subsection 1, accompanied by proof of assets deemed sufficient by

10-22  the Attorney General to cover any significant expense incurred by

10-23  governmental agencies in providing family health care.

10-24     3.  It is unlawful for any person to:

10-25     (a) Deprive or threaten to deprive an employee of his

10-26  employment;

10-27     (b) Take or threaten to take any reprisal or retaliatory action

10-28  against the employee; or

10-29     (c) Directly or indirectly intimidate, threaten, coerce,

10-30  command or influence or attempt to intimidate, threaten, coerce,

10-31  command or influence the employee,

10-32  in an attempt to prevent the employee from receiving family health

10-33  care pursuant to this section or in an attempt to penalize or punish

10-34  the employee for receiving family health care pursuant to this

10-35  section.

10-36     4.  In addition to the acts prohibited pursuant to subsection 3,

10-37  it is unlawful for any person to reduce or otherwise alter the

10-38  working hours of an employee for the sole purpose of preventing

10-39  that employee from receiving family health care pursuant to this

10-40  section.

10-41     5.  A person who violates the provisions of subsection 3 or 4 is

10-42  guilty of a misdemeanor.

10-43     6.  Any person, governmental agency or organization may

10-44  commence an action in any district court in this state to enforce

10-45  the provisions of this section not less than 1 year after the date of

11-1  the occurrence or termination of an alleged violation of any of

11-2  those provisions. If the court determines that any of the provisions

11-3  of this section have been violated by the defendant and that the

11-4  plaintiff or the person represented by the plaintiff has been injured

11-5  thereby, the court may enjoin the defendant from continued

11-6  violation or may take such other affirmative action as may be

11-7  appropriate and, in the case of a prevailing plaintiff, may award to

11-8  the plaintiff actual damages, punitive damages, court costs and a

11-9  reasonable attorney’s fee.

11-10     7.  If a food establishment claims that it does not employ a

11-11  sufficient number of food handlers to be classified as a large

11-12  grocery store, the health authority may, in order to verify or refute

11-13  the claim, inspect such records of the food establishment as the

11-14  health authority determines necessary.

11-15     8.  As used in this section:

11-16     (a) “Employee” means an employee of a large grocery store.

11-17  The term does not include a person who:

11-18         (1) Has been employed by a large grocery store for fewer

11-19  than 4 months; or

11-20         (2) Is employed by a large grocery store for fewer than an

11-21  average of 80 hours in any calendar month.

11-22     (b) “Family health care” means, at a minimum, an annual

11-23  physical examination, treatment for potentially contagious

11-24  illnesses and care for the other medical needs of each employee,

11-25  the spouse of the employee and each dependent living in the same

11-26  household as the employee. The term does not include any medical

11-27  procedure or treatment which is solely optional or solely cosmetic.

11-28     (c) “Governmental agency” means an agency of federal, state

11-29  or local government.

11-30     (d) “Large grocery store” means a food establishment,

11-31  including, without limitation, a subcontractor, tenant or subtenant

11-32  of a food establishment, that:

11-33         (1) Sells food primarily for off-site consumption; and

11-34         (2) Employs, in any 1 calendar week, or is likely to employ,

11-35  in any 1 calendar year, more than 20 food handlers.

11-36     (e) “Reprisal or retaliatory action” includes:

11-37         (1) The denial of adequate personnel to perform duties;

11-38         (2) Frequent replacement of members of the staff;

11-39         (3) Frequent and undesirable changes in the location of an

11-40  office;

11-41         (4) The refusal to assign meaningful work;

11-42         (5) The issuance of letters of reprimand or evaluations of

11-43  poor performance;

11-44         (6) A demotion;

11-45         (7) A reduction in pay;

12-1          (8) The denial of a promotion;

12-2          (9) A suspension;

12-3          (10) A dismissal;

12-4          (11) A transfer; or

12-5          (12) Frequent changes in working hours or workdays.

12-6      (f) “Significant expense” means any costs in excess of $500

12-7  that a governmental agency incurs in any 1 calendar year to pay

12-8  for health care for the employees of any one large grocery store,

12-9  their spouses or other dependents.

12-10     Sec. 9.  NRS 446.875 is hereby amended to read as follows:

12-11     446.875  1.  Any person desiring to operate a food

12-12  establishment must make written application for a permit on forms

12-13  provided by the health authority. The application must include:

12-14     (a) The applicant’s full name and post office address.

12-15     (b) A statement whether the applicant is a natural person, firm or

12-16  corporation, and, if a partnership, the names of the partners, together

12-17  with their addresses.

12-18     (c) A statement of the location and type of the proposed food

12-19  establishment.

12-20     (d) The signature of the applicant or applicants.

12-21     (e) If the food establishment is a large grocery store, the proof

12-22  of indemnification required pursuant to subsections 1 and 2 of

12-23  section 8 of this act.

12-24     2.  An application for a permit to operate a temporary food

12-25  establishment must also include the inclusive dates of the proposed

12-26  operation.

12-27     3.  Upon receipt of such an application, the health authority

12-28  shall make an inspection of the food establishment to determine

12-29  compliance with the provisions of this chapter. When inspection

12-30  reveals that the applicable requirements of this chapter have been

12-31  met, the health authority shall issue a permit to the applicant.

12-32     4.  A permit to operate a temporary food establishment may be

12-33  issued for a period not to exceed 14 days.

12-34     5.  A permit issued pursuant to this section:

12-35     (a) Is not transferable from person to person or from place to

12-36  place.

12-37     (b) Must be posted in every food establishment.

12-38     Sec. 10.  The administrative regulation adopted by the Labor

12-39  Commissioner which is codified as NAC 608.110 is hereby declared

12-40  void. In preparing the supplements to the Nevada Administrative

12-41  Code on or after July 1, 2003, the Legislative Counsel shall remove

12-42  that regulation.

12-43     Sec. 11.  1.  This section and sections 6 to 9, inclusive, of this

12-44  act become effective upon passage and approval.

13-1      2.  Sections 1 to 5, inclusive, and 10 of this act become

13-2  effective on July 1, 2003.

 

13-3  H