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.

 

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

 

AN ACT relating to workers’ compensation; excluding certain sports officials from the definition of “employee” for the purposes of the provisions governing workers’ compensation for injuries and occupational diseases; 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 616A.110 is hereby amended to read as

1-2  follows:

1-3  616A.110 “Employee” excludes:

1-4  1.  Any person whose employment is both casual and not in the

1-5  course of the trade, business, profession or occupation of his

1-6  employer.

1-7  2.  Any person engaged as a theatrical or stage performer or in

1-8  an exhibition.

1-9  3.  Musicians when their services are merely casual in nature

1-10  and not lasting more than 2 consecutive days, and not recurring for

1-11  the same employer, as in wedding receptions, private parties and

1-12  similar miscellaneous engagements.

1-13      4.  Any person engaged in household domestic service, farm,

1-14  dairy, agricultural or horticultural labor, or in stock or poultry

2-1  raising, except as otherwise provided in chapters 616A to 616D,

2-2  inclusive, of NRS.

2-3  5.  Any person performing services as a voluntary ski patrolman

2-4  who receives no compensation for his services other than meals,

2-5  lodging, or use of the ski tow or lift facilities.

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

2-7  nominal fee at a sporting event that is amateur, intercollegiate or

2-8  interscholastic and is sponsored by a public agency, public entity

2-9  or private, nonprofit organization. As used in this subsection,

2-10  “sports official” includes an umpire, referee, judge, scorekeeper,

2-11  timekeeper or other person who is a neutral participant in a

2-12  sporting event.

2-13      7.  Any clergyman, rabbi or lay reader in the service of a

2-14  church, or any person occupying a similar position with respect to

2-15  any other religion.

2-16      [7.] 8. Any real estate broker, broker-salesman or salesman

2-17  licensed pursuant to chapter 645 of NRS.

2-18      [8.] 9. Any person who:

2-19      (a) Directly sells or solicits the sale of products, in person or by

2-20  telephone:

2-21          (1) On the basis of a deposit, commission, purchase for

2-22  resale or similar arrangement specified by the Administrator by

2-23  regulation, if the products are to be resold to another person in his

2-24  home or place other than a retail store; or

2-25          (2) To another person from his home or place other than a

2-26  retail store;

2-27      (b) Receives compensation or remuneration based on sales to

2-28  customers rather than for the number of hours that he works; and

2-29      (c) Performs pursuant to a written agreement with the person for

2-30  whom the services are performed which provides that he is not an

2-31  employee for the purposes of this chapter.

2-32      Sec. 2.  NRS 617.080 is hereby amended to read as follows:

2-33      617.080 “Employee” excludes:

2-34      1.  Any person whose employment is both casual and not in the

2-35  course of the trade, business, profession or occupation of his

2-36  employer.

2-37      2.  Any person engaged in household domestic service, farm,

2-38  dairy, agricultural or horticultural labor, or in stock or poultry

2-39  raising, except as otherwise provided in this chapter.

2-40      3.  Any person engaged as a theatrical or stage performer or in

2-41  an exhibition.

2-42      4.  Musicians when their services are merely casual in nature

2-43  and not lasting more than 2 consecutive days, and not recurring for

2-44  the same employer, as in wedding receptions, private parties and

2-45  similar miscellaneous engagements.

3-1  5.  Any person performing services as a voluntary ski patrolman

3-2  who receives no compensation for his services other than meals,

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

3-4  6.  Any person who performs services as a sports official for a

3-5  nominal fee at a sporting event that is amateur, intercollegiate or

3-6  interscholastic and is sponsored by a public agency, public entity

3-7  or private, nonprofit organization. As used in this subsection,

3-8  “sports official” includes an umpire, referee, judge, scorekeeper,

3-9  timekeeper or other person who is a neutral participant in a

3-10  sporting event.

3-11      7.  Any person who:

3-12      (a) Directly sells or solicits the sale of products, in person or by

3-13  telephone:

3-14          (1) On the basis of a deposit, commission, purchase for

3-15  resale or similar arrangement specified by the Administrator of the

3-16  Division of Industrial Relations of the Department of Business and

3-17  Industry by regulation, if the products are to be resold to another

3-18  person in his home or place other than a retail store; or

3-19          (2) To another person from his home or place other than a

3-20  retail store;

3-21      (b) Receives compensation or remuneration based on sales to

3-22  customers rather than for the number of hours that he works; and

3-23      (c) Performs pursuant to a written agreement with the person for

3-24  whom the services are performed which provides that he is not an

3-25  employee for the purposes of this chapter.

3-26      Sec. 3.  This act becomes effective on July 1, 2003.

 

3-27  H