[Rev. 3/1/2019 5:37:49 PM]
LAWS OF THE STATE OF NEVADA
κ1958 Statutes of Nevada, 9th Special Session, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
SPECIAL SESSION OF THE LEGISLATURE
1958
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Senate Bill No. 4Senator Johnson
CHAPTER 1
An Act to create a legislative fund.
[Approved July 2, 1958]
The people of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the salaries, actual expenses and mileage of members of the 1958 special session of the Nevada legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise appropriated, the sum of $6,000.00, which shall constitute the legislative fund.
Sec. 2. The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and employees of the senate and assembly for per diem, mileage, actual expenses, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay the same.
Sec. 3. Any unexpended portion of said legislative fund shall revert to the general fund on December 31, 1958.
Sec. 4. This act shall become effective upon passage and approval.
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κ1958 Statutes of Nevada, 9th Special Session, Page 2κ
Assembly Bill No. 1Committee on Labor
CHAPTER 2
AN ACT directing the employment security department of the State of Nevada to enter into an agreement with the Secretary of Labor to provide for temporary unemployment compensation payments under the provisions of the Temporary Unemployment Compensation Act of 1958 (Public Law 441, 85th Congress); defining certain words and terms; declaring the necessity of state legislation; providing for certain terms and conditions of the agreement and duties of the employment security department; and other matters properly relating thereto.
[Approved July 2, 1958]
The people of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Definitions. As used in this act:
1. Employment security department means the employment security department of the State of Nevada.
2. Temporary Unemployment Compensation Act of 1958 means the Temporary Unemployment Compensation Act of 1958, being Public Law 441, 85th Congress.
3. Unemployment Compensation Law means the Unemployment Compensation Law as contained in chapter 612 of NRS.
Sec. 2. Legislative Finding and Declaration of Necessity. The legislature finds as facts and determines that:
1. The Unemployment Compensation Law is designed to provide unemployment compensation benefits to unemployed individuals during limited periods of unemployment.
2. Unemployment has become a serious and widespread problem in Nevada, resulting in many individuals having exhausted their benefit entitlements under the Unemployment Compensation Law.
3. The Temporary Unemployment Compensation Act of 1958 authorizes the use of federal funds with which the State of Nevada may, under certain conditions, make payments as agent of the United States of temporary unemployment compensation to unemployed workers who meet the requirements (except where inconsistent with the provisions of the Temporary Unemployment Compensation Act of 1958) of the Unemployment Compensation Law, Title XV of the Social Security Act, Title IV of the Veterans Readjustment Assistance Act of 1952, or the unemployment compensation law of a state as defined in the Temporary Unemployment Compensation Act of 1958, and who have exhausted all rights to benefits to which such laws have entitled them.
4. There is an urgent necessity to provide state legislation to permit in the State of Nevada the temporary continuation of unemployment compensation benefits provided by the provisions of the Temporary Unemployment Compensation Act of 1958.
Sec. 3. Agreement with Secretary of Labor: Duties of Employment Security Department; Provisions of Agreement.
κ1958 Statutes of Nevada, 9th Special Session, Page 3 (CHAPTER 2, AB 1)κ
1. The employment security department, the state agency administering the Unemployment Compensation Law, by and through its executive director, is directed to enter into an agreement immediately with the Secretary of Labor, United States Department of Labor, pursuant to the provisions of section 102 of the Temporary Unemployment Compensation Act of 1958, under which agreement the employment security department will:
(a) As agent of the United States, make payments of temporary unemployment compensation to the individuals referred to in section 101 of the Temporary Unemployment Compensation Act of 1958 on the basis provided in the Temporary Unemployment Compensation Act of 1958; and
(b) Otherwise cooperate with the Secretary of Labor and with other state agencies in making payments of temporary unemployment compensation under the Temporary Unemployment Compensation Act of 1958.
2. The agreement shall provide:
(a) That the employment security department will pay temporary unemployment compensation for weeks of unemployment beginning on or after the date on which the agreement is entered into to individuals who, after December 28, 1957, have exhausted all rights under the unemployment compensation laws enumerated or named in subsection 3 of section 2 of this act. The date December 28, 1957, is selected and requested by the State of Nevada in lieu of the date June 30, 1957, as authorized by the provisions of subsection (b) of section 102 of the Temporary Unemployment Compensation Act of 1958.
(b) That temporary unemployment compensation shall not be paid for weeks of unemployment beginning on or after April 1, 1959.
(c) The terms and conditions upon which the agreement may be amended, suspended or terminated.
(d) Such other terms and conditions as may be required by the provisions of the Temporary Unemployment Compensation Act of 1958.
Sec. 4. Construction of Act. The provisions of this act shall be liberally construed to effect its objects and purposes.
Sec. 5. Effective Date. This act shall become effective upon its passage and approval.
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κ1958 Statutes of Nevada, 9th Special Session, Page 4κ
Assembly Bill No. 3Committee on Labor
CHAPTER 3
AN ACT creating the temporary unemployment compensation repayment fund in the state treasury; authorizing and limiting the uses of moneys in such fund; directing the state board of finance to invest the moneys in such fund; granting the executive director of the employment security department of the State of Nevada power to accept grants and refunds from the United States under certain conditions; making an appropriation for the temporary unemployment compensation repayment fund; providing for the termination of the temporary unemployment compensation repayment fund and the reversion of moneys therein to the general fund; defining certain words and terms and declaring the policy of the legislature; and other matters properly relating thereto.
[Approved July 2, 1958]
The people of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Definitions. As used in this act:
1. Employment security department means the employment security department of the State of Nevada.
2. Temporary Unemployment Compensation Act of 1958 means the Temporary Unemployment Compensation Act of 1958, being Public Law 441, 85th Congress.
Sec. 2. Declaration of Legislative Policy.
1. The State of Nevada has adopted legislation directing the employment security department to enter into an agreement immediately with the Secretary of Labor to provide for temporary unemployment compensation payments under the provisions of the Temporary Unemployment Compensation Act of 1958.
2. Although the State of Nevada by entering into such an agreement does not commit itself to, or incur any obligation for, the repayment of any amounts expended in this state, unless the State of Nevada acts to restore to the Treasury of the United States the funds paid by the Federal Government under the provisions of the Temporary Unemployment Compensation Act of 1958 and the agreement entered into pursuant to the provisions thereof, additional future federal assessments will be made upon the employers of the State of Nevada to recover the emergency payments paid to the unemployed in Nevada. Section 104(a) of the Temporary Unemployment Compensation Act of 1958 provides that credits allowed under section 3302(c) of the Federal Unemployment Tax Act will be reduced for each taxable year beginning on or after January 1, 1963, unless or until the Secretary of the Treasury finds (by December 1 of the taxable year) that there has been restored to the Treasury:
(a) The temporary compensation paid in Nevada under the Temporary Unemployment Compensation Act of 1958 (excluding amounts paid to Korean veterans and federal employees);
(b) The amount of costs incurred in the administration of the Temporary Unemployment Compensation Act of 1958 with respect to the State of Nevada; and
κ1958 Statutes of Nevada, 9th Special Session, Page 5 (CHAPTER 3, AB 3)κ
(c) The amount estimated by the Secretary of Labor as this states proportionate share of other costs incurred in the administration of the Temporary Unemployment Compensation Act of 1958.
3. The legislature finds and declares that, rather than to allow additional federal assessments on the employers of this state to become effective, restoration to the Treasury of the United States of the funds and costs paid by the Federal Government under the provisions of the Temporary Unemployment Compensation Act of 1958 can be more equitably made by direct appropriation of moneys from the general fund of the State of Nevada.
Sec. 3. Temporary Unemployment Compensation Repayment Fund: Creation; Limitations on Use of Moneys in Fund; Investment of Moneys in Fund.
1. There is hereby created in the state treasury, for the use of the employment security department, in carrying out the provisions of this act, a trust fund to be known as the temporary unemployment compensation repayment fund.
2. None of the moneys in such fund shall be used for any purpose other than to restore to the Treasury of the United States, pursuant to the provisions of the Temporary Unemployment Compensation Act of 1958, or any acts amendatory or supplemental thereto:
(a) The temporary compensation paid in Nevada under the Temporary Unemployment Compensation Act of 1958 (excluding amounts paid to Korean veterans and federal employees);
(b) The amount of costs incurred in the administration of the Temporary Unemployment Compensation Act of 1958 with respect to the State of Nevada; and
(c) The amount estimated by the Secretary of Labor as this states proportionate share of other costs incurred in the administration of the Temporary Unemployment Compensation Act of 1958.
3. Until required by the employment security department for the uses and purposes specified in this act, the moneys in the temporary unemployment compensation repayment fund shall be invested by the state board of finance in bonds, securities and loans authorized by NRS 355.140 and in the manner specified by the provisions of chapter 355 of NRS. All interest paid to the State of Nevada from such investments shall be deposited to the credit of the temporary unemployment compensation repayment fund.
Sec. 4. Payment of Funds From Temporary Unemployment Compensation Repayment Fund. The employment security department, acting by and through its executive director, is authorized and directed to pay from the temporary unemployment compensation repayment fund, at such time or times after April 1, 1959, and prior to December 1, 1963, as may be required under the terms of any federal statute or regulation now in force or which may hereafter be enacted or promulgated or any agreement between the United States Department of Labor and the employment security department, or, in the absence of any such requirement, at such time or times after April 1, 1959, and prior to December 1, 1963, as the executive director may determine, such moneys as may be required to be restored to the Treasury of the United States on account of the amounts of temporary unemployment compensation paid in this state under the provisions of the Temporary Unemployment Compensation Act of 1958, or any acts amendatory or supplemental thereto, the amount of costs incurred in the administration of such act with respect to this state, and the amount estimated by the Secretary of Labor as this states proportionate share of other costs incurred in the administration of such act.
κ1958 Statutes of Nevada, 9th Special Session, Page 6 (CHAPTER 3, AB 3)κ
such moneys as may be required to be restored to the Treasury of the United States on account of the amounts of temporary unemployment compensation paid in this state under the provisions of the Temporary Unemployment Compensation Act of 1958, or any acts amendatory or supplemental thereto, the amount of costs incurred in the administration of such act with respect to this state, and the amount estimated by the Secretary of Labor as this states proportionate share of other costs incurred in the administration of such act.
Sec. 5. Power of Executive Director of Employment Security Department to Accept Grants, Refunds. If the United States should forgive restoration of any amounts now required to be restored to the Treasury of the United States pursuant to the Temporary Unemployment Compensation Act of 1958, or in any other manner grant to the State of Nevada any moneys to be used for the purpose of repaying or offsetting any amounts required to be restored, or, in connection with any such forgiving of restoration or grant, refunds any moneys paid to it pursuant to this act, the executive director of the employment security department is authorized and directed to accept any such grant or refund, and forthwith to pay over any moneys so received to the state treasurer for deposit to the credit of the general fund.
Sec. 6. Termination of Temporary Unemployment Compensation Repayment Fund; Reversion of Moneys to General Fund. Upon restoration in full of any moneys which may be required to be restored to the Treasury of the United States pursuant to the provisions of this act and in any event not later than December 1, 1963, the temporary unemployment compensation repayment fund shall terminate and any moneys then remaining in such fund shall revert to the general fund.
Sec. 7. Appropriation. There is hereby appropriated from the general fund in the state treasury, out of any moneys not otherwise appropriated, the sum of $1,042,000.00 to the temporary unemployment compensation repayment fund.
Sec. 8. Construction of Act. The provisions of this act shall be liberally construed to effect its objects and purposes.
Sec. 9. Effective Date. This act shall become effective upon its passage and approval.
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