Assembly Bill No. 80–Assemblymen Claborn, Chowning, Giunchigliani, Koivisto, Oceguera, Anderson, Atkinson, Buckley, Conklin, Goldwater, Horne, Leslie, Manendo, McClain, McCleary, Mortenson, Ohrenschall, Parks, Perkins, Pierce and Williams

 

February 13, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provision governing deemed employer and wage of apprentice or trainee for purposes of industrial insurance. (BDR 53‑860)

 

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 industrial insurance; revising the provision governing the deemed employer and wage of an apprentice or trainee for the purposes of 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:

 

1-1  Section 1. NRS 616A.215 is hereby amended to read as

1-2  follows:

1-3  616A.215  1.  [Except as otherwise provided in subsection 3,

1-4  any] Any person who is an apprentice or trainee shall be deemed for

1-5  the purposes of chapters 616A to 616D, inclusive, of NRS to be [an]

1-6  concurrently the employee of [an] :

1-7  (a) An apprenticeship committee registered with the State

1-8  Apprenticeship Council [at a wage of $150 per month] ; and

1-9  (b) Each employer who is participating in a program of

1-10  training and instruction approved pursuant to chapter 610 of NRS

1-11  and who contributes to the average monthly wage of the

1-12  employee,

2-1  at a wage determined pursuant to subsection 2, while he is[:

2-2  (a) Attending] attending a class for vocational training[; or

2-3  (b) Receiving] under the direction of the apprenticeship

2-4  committee or is receiving bona fide instruction as an apprentice or

2-5  trainee[,] under the direction of the apprenticeship committee.Such

2-6  an apprentice or trainee is entitled to the benefits of chapters 616A

2-7  to 616D, inclusive, of NRS.

2-8  2.  For the purposes of subsection 1:

2-9  (a) The wage of an apprentice or trainee identified in

2-10  subsection 1 shall be deemed to be the greater of $150 per month

2-11  or the average monthly wage of the apprentice or trainee.

2-12      (b) The deemed wage of the apprentice or trainee must be

2-13  apportioned, pursuant to the provisions of this subsection, among

2-14  the employers identified in subsection 1, including, without

2-15  limitation, the apprenticeship committee.

2-16      (c) If $150 per month is equal to or greater than the average

2-17  monthly wage of the apprentice or trainee, then the deemed wage

2-18  of the apprentice or trainee is apportioned entirely to the

2-19  apprenticeship committee.

2-20      (d) If the average monthly wage of the apprentice or trainee is

2-21  greater than $150 per month, then the deemed wage of the

2-22  apprentice or trainee is apportioned:

2-23          (1) To the apprenticeship committee in the amount of $150

2-24  per month; and

2-25          (2) To the employers identified in subsection 1 other than

2-26  the apprenticeship committee such that:

2-27              (I) The total amount apportioned to such employers

2-28  equals the average monthly wage of the apprentice or trainee less

2-29  $150 per month; and

2-30              (II) The amount apportioned to each such employer

2-31  bears the same proportional relationship to the amount described

2-32  in sub-subparagraph (I) as the amount that employer contributes

2-33  to the average monthly wage of the apprentice or trainee bears to

2-34  the average monthly wage of the apprentice or trainee.

2-35      3.  A person who is an apprentice or trainee shall be deemed for

2-36  the purposes of chapters 616A to 616D, inclusive, of NRS to be an

2-37  employee of an employer who is participating in a program of

2-38  training and instruction as an apprentice or trainee approved

2-39  pursuant to chapter 610 of NRS while:

2-40      (a) The apprentice or trainee is performing work for that

2-41  employer; and

2-42      (b) The employer is paying the apprentice or trainee a wage for

2-43  the work performed.

2-44  The apprentice or trainee shall be deemed to be an employee at a

2-45  wage equal to his average monthly wage [as determined pursuant to

3-1  the regulations adopted by the Administrator pursuant to NRS

3-2  616C.420] and is entitled to the benefits of chapters 616A to 616D,

3-3  inclusive, of NRS.

3-4  [3.  If an apprentice or trainee who is employed by an employer

3-5  participating in a program of training and instruction is injured

3-6  while he is deemed to be an employee of the apprenticeship

3-7  committee pursuant to subsection 1 and the apprentice or trainee is

3-8  unable to work for an employer participating in the program solely

3-9  because of that injury, the apprentice or trainee shall be deemed to

3-10  be an employee of the apprenticeship committee at a wage of $150

3-11  per month or at his average monthly wage as determined pursuant to

3-12  the regulations adopted by the Administrator pursuant to NRS

3-13  616C.420, whichever is greater.]

3-14      4.  As used in this section[, “trainee”] :

3-15      (a) “Average monthly wage” means the average monthly wage

3-16  as determined pursuant to the regulations adopted by the

3-17  Administrator pursuant to NRS 616C.420.

3-18      (b) “Trainee” means a person who is under the direction of an

3-19  apprenticeship committee specified in subsection 1 and, for that

3-20  purpose, is described by that apprenticeship committee as a

3-21  “journeyworker trainee.”

3-22      Sec. 2.  This act becomes effective on July 1, 2003.

 

3-23  H