(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Senate Bill No. 125-Committee on Commerce and Labor
February 10, 1997
____________
Referred to Committee on Commerce and Labor
SUMMARY--Makes various changes regarding certain direct sellers of goods and services. (BDR 53-127)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to direct sellers; clarifying the scope of their exemption from mandatory provisions regarding unemployment compensation; exempting certain direct sellers from mandatory provisions regarding industrial insurance; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
~^
Section 1 NRS 612.144 is hereby amended to read as follows:
612.144 1. "Employment" does not include services performed by a person who [meets all of the following requirements:
1.] :
(a) Directly sells or solicits the sale of products, in person or by telephone:
[(a)] (1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the administrator by regulation, if the products are to be resold to another person in his home or place other than a retail store; or
[(b)] (2) To another person from his home or place other than a retail store [.
2.] ;
(b) Receives compensation or remuneration based on his sales or the services he performs for customers rather than for the number of hours [worked.
3.] that he works; and
(c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.
2. As used in this section, "product" means a tangible good or an intangible service, or both.
Sec. 2 NRS 616A.110 is hereby amended to read as follows:
616A.110 "Employee" excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.
2. Any person engaged as a theatrical or stage performer or in an exhibition.
3. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements.
4. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in chapters 616A to 616D, inclusive, of NRS.
5. Any person performing services as a voluntary ski patrolman who receives no compensation for his services other than meals, lodging, or use of the ski tow or lift facilities.
6. Any clergyman, rabbi or lay reader in the service of a church, or any person occupying a similar position with respect to any other religion.
7. Any real estate broker, broker-salesman or salesman licensed pursuant to chapter 645 of NRS.
8. Any person who:
(a) Directly sells or solicits the sale of products, in person or by telephone:
(1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the administrator by regulation, if the products are to be resold to another person in his home or place other than a retail store; or
(2) To another person from his home or place other than a retail store;
(b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that he works; and
(c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.
Sec. 3 NRS 617.080 is hereby amended to read as follows:
617.080 "Employee" excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.
2. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.
3. Any person engaged as a theatrical or stage performer or in an exhibition.
4. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements.
5. Any person performing services as a voluntary ski patrolman who receives no compensation for his services other than meals, lodging or use of the ski tow or lift facilities.
6. Any person who:
(a) Directly sells or solicits the sale of products, in person or by telephone:
(1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the administrator of the division of industrial relations of the department of business and industry by regulation, if the products are to be resold to another person in his home or place other than a retail store; or
(2) To another person from his home or place other than a retail store;
(b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that he works; and
(c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.
Sec. 4 The amendatory provisions of section 1 of this act are intended to clarify the original intent of the legislature when it adopted section 1 of chapter 259, Statutes of Nevada 1983, at page 600, now codified as NRS 612.144.
Sec. 5 This act becomes effective upon passage and approval.