Assembly Bill No. 185–Assemblymen Anderson, Ohrenschall, Collins, Conklin, Horne, Koivisto, Mabey, McClain and Sherer

 

February 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Exempts certain sports officials from certain provisions governing compensation. (BDR 53‑1110)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

~

 

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

 

AN ACT relating to compensation; excluding certain sports officials from the payment of unemployment compensation or 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

1-2  thereto 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

1-5  official if:

1-6  (a) The person is paid a nominal fee for his service; and

1-7  (b) The sporting event is:

1-8       (1) Amateur, intercollegiate or interscholastic; and

1-9       (2) Sponsored by a public agency, public entity or private,

1-10  nonprofit organization.

1-11      2.  As used in this section, “sports official” includes an

1-12  umpire, referee, judge, scorekeeper, timekeeper or other person

1-13  who is a neutral participant in a sporting event.

 

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

2-2  612.015 As used in this chapter, unless the context [clearly

2-3  requires otherwise,] otherwise requires, the words and terms

2-4  defined in NRS 612.016 to 612.200, inclusive, and section 1 of this

2-5  act have the meanings ascribed to them in those sections.

2-6  Sec. 3.  NRS 616A.110 is hereby amended to read as follows:

2-7  616A.110 “Employee” excludes:

2-8  1.  Any person whose employment is both casual and not in the

2-9  course of the trade, business, profession or occupation of his

2-10  employer.

2-11      2.  Any person engaged as a theatrical or stage performer or in

2-12  an exhibition.

2-13      3.  Musicians when their services are merely casual in nature

2-14  and not lasting more than 2 consecutive days, and not recurring for

2-15  the same employer, as in wedding receptions, private parties and

2-16  similar miscellaneous engagements.

2-17      4.  Any person engaged in household domestic service, farm,

2-18  dairy, agricultural or horticultural labor, or in stock or poultry

2-19  raising, except as otherwise provided in chapters 616A to 616D,

2-20  inclusive, of NRS.

2-21      5.  Any person performing services as a voluntary ski patrolman

2-22  who receives no compensation for his services other than meals,

2-23  lodging, or use of the ski tow or lift facilities.

2-24      6.  Any person who performs services as a sports official for a

2-25  nominal fee at a sporting event that is amateur, intercollegiate or

2-26  interscholastic and is sponsored by a public agency, public entity

2-27  or private, nonprofit organization. As used in this subsection,

2-28  “sports official” includes an umpire, referee, judge, scorekeeper,

2-29  timekeeper or other person who is a neutral participant in a

2-30  sporting event.

2-31      7.  Any clergyman, rabbi or lay reader in the service of a

2-32  church, or any person occupying a similar position with respect to

2-33  any other religion.

2-34      [7.] 8. Any real estate broker, broker-salesman or salesman

2-35  licensed pursuant to chapter 645 of NRS.

2-36      [8.] 9. Any person who:

2-37      (a) Directly sells or solicits the sale of products, in person or by

2-38  telephone:

2-39          (1) On the basis of a deposit, commission, purchase for

2-40  resale or similar arrangement specified by the Administrator by

2-41  regulation, if the products are to be resold to another person in his

2-42  home or place other than a retail store; or

2-43          (2) To another person from his home or place other than a

2-44  retail store;

3-1  (b) Receives compensation or remuneration based on sales to

3-2  customers rather than for the number of hours that he works; and

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

3-4  whom the services are performed which provides that he is not an

3-5  employee for the purposes of this chapter.

3-6  Sec. 4.  NRS 617.080 is hereby amended to read as follows:

3-7  617.080 “Employee” excludes:

3-8  1.  Any person whose employment is both casual and not in the

3-9  course of the trade, business, profession or occupation of his

3-10  employer.

3-11      2.  Any person engaged in household domestic service, farm,

3-12  dairy, agricultural or horticultural labor, or in stock or poultry

3-13  raising, except as otherwise provided in this chapter.

3-14      3.  Any person engaged as a theatrical or stage performer or in

3-15  an exhibition.

3-16      4.  Musicians when their services are merely casual in nature

3-17  and not lasting more than 2 consecutive days, and not recurring for

3-18  the same employer, as in wedding receptions, private parties and

3-19  similar miscellaneous engagements.

3-20      5.  Any person performing services as a voluntary ski patrolman

3-21  who receives no compensation for his services other than meals,

3-22  lodging , or use of the ski tow or lift facilities.

3-23      6.  Any person who performs services as a sports official for a

3-24  nominal fee at a sporting event that is amateur, intercollegiate or

3-25  interscholastic and is sponsored by a public agency, public entity

3-26  or private, nonprofit organization. As used in this subsection,

3-27  “sports official” includes an umpire, referee, judge, scorekeeper,

3-28  timekeeper or other person who is a neutral participant in a

3-29  sporting event.

3-30      7.  Any person who:

3-31      (a) Directly sells or solicits the sale of products, in person or by

3-32  telephone:

3-33          (1) On the basis of a deposit, commission, purchase for

3-34  resale or similar arrangement specified by the Administrator of the

3-35  Division of Industrial Relations of the Department of Business and

3-36  Industry by regulation, if the products are to be resold to another

3-37  person in his home or place other than a retail store; or

3-38          (2) To another person from his home or place other than a

3-39  retail store;

3-40      (b) Receives compensation or remuneration based on sales to

3-41  customers rather than for the number of hours that he works; and

3-42      (c) Performs pursuant to a written agreement with the person for

3-43  whom the services are performed which provides that he is not an

3-44  employee for the purposes of this chapter.

4-1  Sec. 5.  Chapter 286 of NRS is hereby amended by adding

4-2  thereto a new section to read as follows:

4-3  “Sports official” means any person who officiates, for a

4-4  nominal fee, at a sporting event that is amateur, intercollegiate or

4-5  interscholastic and is sponsored by a public agency, public entity

4-6  or private, nonprofit organization. The term includes an umpire,

4-7  referee, judge, scorekeeper, timekeeper or other person who is a

4-8  neutral participant in a sports event.

4-9  Sec. 6.  NRS 286.016 is hereby amended to read as follows:

4-10      286.016 As used in this chapter, unless the context otherwise

4-11  requires, the words and terms defined in NRS 286.017 to 286.100,

4-12  inclusive, and section 5 of this act have the meanings ascribed to

4-13  them in [such] those sections.

4-14      Sec. 7.  NRS 286.297 is hereby amended to read as follows:

4-15      286.297 The following persons are not eligible to become

4-16  members of the System:

4-17      1.  Inmates of state institutions even though they may be

4-18  receiving compensation for services performed for the institution.

4-19      2.  Independent contractors or persons rendering professional

4-20  services on a fee, retainer or contract basis.

4-21      3.  Persons performing services as sports officials.

4-22      4.  Except as otherwise provided in NRS 286.525, persons

4-23  retired under the provisions of this chapter who are employed by a

4-24  participating public employer.

4-25      [4.] 5. Members of boards or commissions of the State of

4-26  Nevada or of its political subdivisions when [such] the boards or

4-27  commissions are advisory or directive and when membership

4-28  thereon is not compensated except for expenses incurred. Receipt of

4-29  a fee for attendance at official sessions of a particular board or

4-30  commission does not constitute compensation for the purpose of this

4-31  subsection.

4-32      [5.] 6. Substitute teachers and students who are employed by

4-33  the institution which they attend.

4-34      [6.] 7. District judges and justices of the Supreme Court first

4-35  elected or appointed on or after July 1, 1977, who are not enrolled in

4-36  the System at the time of election or appointment.

4-37      [7.] 8. Members of the professional staff of the University and

4-38  Community College System of Nevada who are employed on or

4-39  after July 1, 1977.

4-40      [8.] 9. Persons employed on or after July 1, 1979, under the

4-41  Comprehensive Employment and Training Act.

4-42      [9.] 10. Except as otherwise provided in NRS 286.293, persons

4-43  assigned to intermittent or temporary positions unless the

4-44  assignment exceeds 6 consecutive months.

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

5-2  time guards at school crossings.

5-3  [11.] 12. Nurses who:

5-4  (a) Are not full-time employees;

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

5-6  (c) Do not receive the employee benefits received by other

5-7  employees of the same employer; and

5-8  (d) Do not work a regular schedule or are requested to work for

5-9  a shift at a time.

 

5-10  H