SB 3 — Revises provisions relating to unemployment compensation. (BDR 53-10)

The Secretary of State shall maintain the original of the final draft or revision of each such - 32nd Special Session (2020) – 5 – emergency regulation in a permanent file to be used only for the preparation of official copies.

7.more than once by the Administrator.by this emergency procedure 8.

A regulation may be adopted by this emergency procedure more than once by the Administrator.

8.

3.which the person:

No person shall be deemed to be unemployed in any week in which(a) theIs person:self-employed;

(a) Is self-employed;

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Has power and authority to adopt, amend or rescind such rules and regulations [,] consistent with the provisions of federal - 32nd Special Session (2020) – 6 – law, to employ, in accordance with the provisions of this chapter, such persons, make such expenditures, require such reports, make such investigations, and take such other action as the Administrator deems necessary or suitable to that end.

4.procedure for the Division in accordance with the provisions of this chapter.

Shall determine his or her own organization and methods of procedure for the Division in accordance with the provisions of this chapter.

“Extended benefit period” means a period which begins with the third week after a week for which there is a Nevada “on” indicator and ends with the third week after the first week for which there is a Nevada “off” indicator or the 13th consecutive week after it began, except that no extended benefit period may begin by reason of a Nevada “on” indicator before the 14th week following the end of a prior extended benefit period which was in effect for Nevada.

or - *SB3_R1*32nd Special Session (2020) – 7 – (b) For weeks of unemployment beginning on or after March 18, 2020, and ending on or before the week ending 4 weeks before the last week for which full federal sharing is authorized by section 4105(a) of Public Law No.

116-127, or which occur during a period of time specified by the Governor in a proclamation issued pursuant to subsection 4 of NRS 612.378, the average rate of total seasonally adjusted unemployment in Nevada, as determined by the Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of such week:

“Rate of insured unemployment,” for purposes of subsections 2 and 3, means the percentage derived by dividing the average weekly number of persons filing claims in this State for the weeks of unemployment for the most recent period of 13 consecutive weeks, as determined by the Administrator on the basis of the Administrator’s reports to the Secretary of Labor using the average monthly employment covered under this chapter as determined by the Administrator and recorded in the records of the Division for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

7.- 32nd Special Session (2020) – 8 – by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law.

“Additional benefits” means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other - *SB3_R1* – 8 – special factors under the provisions of any state law.

(a) Has received, before that week, all of the regular, seasonal or nonseasonal benefits that were available to him or her under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employeesemployeests and ex-servicemen or ex-servicewomen under 5 U.S.C.

§§ 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C.

10.- 32nd Special Session (2020) – 9 – state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.

“StateSec. law” means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.

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(c) Thirty-nine times the person’s average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year,year,for a reduced by the basic benefits which were payable to him or her in the benefit year.

If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of (b) Twenty times the person’s average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year.

(b)(c) TwentyForty-six times the person’s average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year, reduced by the basic benefits which were payable to him or her in the benefit - 32nd Special Session (2020) – 10 – year.

(c) Forty-six times the person’s average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year, reduced by the basic benefits which were payable to him or her in the benefit year.

If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.

If the benefit year of any person ends within an extended benefit period, the remaining balance of extended benefits that the person would, but for this subsection, be entitled to receive in that - *SB3_R1* – 10 – period, with respect to weeks of unemployment beginning after thethethat end of the benefit year, must be reduced by the product of the number of weeks for which the person received any amounts as trade readjustment allowances pursuant to 19 U.S.C.

As used in this section, “high unemployment period” means any period during which the average rate of total seasonally adjusted unemployment in Nevada, as determined by the Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of such week:

Sec.612.420 [A]RS 612.420 is hereby amended to read as follows:

8.1.

NRS 612.420 is hereby amended to read as follows:

612.420 [A] 1.

- 32nd Special Session (2020) – 11 – 2.

or (b) If the Administrator determines such action is necessary to expediteclaimants.enefits benefits and protect the health, safety and well-being of claimants.Sec.

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Within 11 days after the decision of the Board of Review has become final, any party aggrieved thereby or the Administrator may secure judicial review thereof by commencing an action in the district court of the county where the employment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the2.oarIn such action, a petition which need not be verified, but which must state the Boardgrounds upon which a review is sought, must , within 45 days after the commencement of Reviewthe action, be served upon the Administrator, unless the Administrator is the appellant, or upon such person as the Administrator may designate, and such service shall be deemed completed service on all parties, but there must be madeleft awith the party so served as many copies of the petition as there are defendants, and the Administrator shall forthwith mail one such copy to each defendant.

2.

In such action, a petition which need not be verified, but which must state the grounds upon which a review is sought, must , within 45 days after the commencement of the action, be served upon the Administrator, unless the Administrator is the appellant, or upon such person as the Administrator may designate, and such service shall be deemed completed service on all parties, but there must be left with the party so served as many copies of the petition as there are defendants, and the Administrator shall forthwith mail one such copy to each defendant.

The Administrator shall file with the court an answer within 45 days after being served with a petition pursuant to subsection 2 or, if the Administrator is the appellant, the Administrator shall serve the petition upon each other party within 45 days after commencement of the action.

With the Administrator’s answer or petition, the Administrator shall certify - 32nd Special Session (2020) – 12 – and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review’s findings of fact and decision therein.

The Administrator may certify to the court questions of law involvedinv4.vedIn any judicial proceedings under this section, the finding of the Board of Review as to the facts, if supported by evidence and in anythe decision.absence of fraud, is conclusive, and the jurisdiction of the court is confined to questions of law.

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In any judicial proceedings under this section, the finding of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, is conclusive, and the jurisdiction of the court is confined to questions of law.

Sec.612.550 1.RS 612As used in this section:o read as follows:

12.

NRS 612.550 is hereby amended to read as follows:

612.550 1.

As used in this section:

- 32nd Special Session (2020) – 13 – (c) “Beneficiary” means a person who has received a first payment.

(e)employment “Coveredsubject worker”to meansthis achapter.son person who has worked in employment(f) subject“First payment” means the first weekly unemployment insurance benefit paid to thisa chapter.person in the person’s benefit year.

(f)(g) “First“Reserve payment”balance” means the firstexcess, weeklyif unemploymentany, insuranceof benefittotal contributions paid toby aeach personemployer inover thetotal person’s benefit year.charges to that employer’s experience rating record.

- *SB3_R1* – 13 – (g) “Reserve balance” means the excess, if any, of total contributions paid by each employer over total benefit charges to that employer’s experience rating record.

The Administrator shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which applies to that employer for each calendar year in order to reflect his or her experiencemay not be reduced below 2.95 percent, unless there have been 12yer consecutive calendar quarters immediately preceding the computation date throughout which the employer has been subject to this chapter and classification.his or her account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.95 percent if his or her account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.

The contribution rate of an employer may not be reduced below 2.95 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which the employer has been subject to this chapter and his or her account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.95 percent if his or her account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.

Benefits paid to a person up to and including the computation date must be charged against the records, for experience- rating,32nd ofSpecial theSession person’s(2020) base-period– employers14 in– the same percentage relationship that wages reported by individual employersemployerse represent to total wages reported by all base period employers, except that:

(a) If one of the base period employers has paid 75 percent or more of the wages paid to the person during the person’s base period, and except as otherwise provided in NRS 612.551, the benefits, less a proportion equal to the proportion of wages paid during the base period by employers who make reimbursement in lieu of contributions, must be charged to the records for experience - *SB3_R1* – 14 – rating of that employer.

(b) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state may be charged to the experience rating record of any employer when no benefits would hav(c) Except for employers who have been payablegiven exceptthe pursuantright to NRSmake 612.295.reimbursement in lieu of contributions, extended benefits paid to a person must not be charged against the accounts of the person’s base-period employers.

(c) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to a person must not be charged against the accounts of the person’s base-period employers.

The lowest contribution rate must be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate must be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges must be uniform.

Class- 1...................................................................0.2532nd percentSpecial Session (2020) – 15 – Class 2...................................................................0.55 percent Class 3...................................................................0.85 percent Class 4...................................................................1.15 percent Class 5...................................................................1.45 percent Class 6...................................................................1.75 percent Class 7...................................................................2.05 percent Class 8...................................................................2.35 percent Class 9...................................................................2.65 percent Class 10.................................................................2.95 percent Class 11.................................................................3.25 percent Class 12.................................................................3.55 percent Class 13.................................................................3.85 percent - *SB3_R1* – 15 – Class 14.................................................................4.15 percent Class 15.................................................................4.45 percent Class 16.................................................................4.75 percent Class 17.................................................................5.05 percent Class 18.................................................................5.40 percent 7 7.

and (d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on September 30.

The Administrator shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for that calendar year, for each employer whose account is in active status on the records of the Division on January 1 of each year and whose - 32nd Special Session (2020) – 16 – account is chargeable with benefit payments on the computation date of that year.

(a) And there is substantially common ownership, management or control of the employers, the experience record attributable to the transferred trade or business must be transferred to the employer to whom the trade or business is transferred.

- *SB3_R1* – 16 – (b) And there is no substantially common ownership, management or control of the employers, the experience record of an employer may be transferred to a successor employer as of the effective date of the change of ownership if:

(3) The employer and successor employer submit a joint applicationapplica(4) toThe thejoint Administratorapplication requestingis approved by the transfer;Administrator.

and (4) The joint application is approved by the Administrator.

Whenever an employer has paid no wages in employment for 8 consecutive calendar quarters following the last calendar - 32nd Special Session (2020) – 17 – quarter in which the employer paid wages for employment, the Administrator shall terminate the employer’s experience rating account, and the account must not thereafter be used in any rate computation.

11.methods to account for those employers which are in a category for providing reimbursement in lieu of contributions.

The Administrator may adopt reasonable accounting methods to account for those employers which are in a category for providing reimbursement in lieu of contributions.

or - *SB3_R1* – 17 – (2) Necessary to comply with instructions received from the Department of Labor;

Except as otherwise provided in subsections 2, 3 and 7, if the Division determines that a claimant has earned 75 percent or more of his or her wages during his or her base period from one employer, it shall notify the employer by mail of its determination and advise him or her that he or she has a right to protestsubsection the4 charging of benefitsNRS 612.550.fits to his or her account pursuant to subsection2. 4 of NRS 612.550.

2.

or (b)- Was32nd theSpecial spouseSession of(2020) an– active18 member– of the Armed Forces of the United States and left his or her employment because the spouse was transferred to a different location,  the Administrator shall order that the benefits not be charged against the record for experience rating of the employer.

If an employer who is given notice of a claim for benefits pursuant to subsection 1 fails to submit timely to the Division all known relevant facts which may affect the claimant’s rights to benefits as required by NRS 612.475, the employer’s record for experience rating is not entitled to be relieved of the amount of any benefits paid to the claimant as a result of such failure that were chargedor against612.553.inst the employer’s record pursuant to NRS 612.550 or8. 612.553.

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Sec.233B.039 NRS1.

14.

NRS 233B.039 is hereby amended to read as follows:

233B.039 1.

(f)- 32nd Special Session (2020) – 19 – the Nevada Gaming Commission.ovided in NRS 368A.140 and 463.765, (g) Except as otherwise provided in NRS 368A.140425.620, the Division of Welfare and 463.765,Supportive Services of the NevadaDepartment Gamingof Commission.Health and Human Services.

(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.

(l)out Theits Boardduties pursuant to ReviewNRS Claims445C.310.pting in adopting resolutions to carry out(m) itsThe dutiesSilver pursuantState toHealth NRSInsurance 445C.310.Exchange.

(m) The Silver State Health Insurance Exchange.

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(b) Chapters 616A to 617, inclusive, of NRS for the determinationdet(c) Chapter 91 of contestedNRS claims;for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State;

(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State;

The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services- in32nd theSpecial adjudicationSession of(2020) contested– cases20 involving– the issuance of letters of approval for health facilities and agencies.

(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and RehabilitationHuman Services pursuant to NRS 426.561217.130; or 615.178;

(f)or (g) The adoptionadoption, or amendment of a rule or regulationrepeal toof berules includedgoverning in the Stateconduct Planof forcontests Servicesand forexhibitions Victims of Crimeunarmed combat by the DepartmentNevada ofAthletic HealthCommission and Human Services pursuant to NRS 217.130;467.075.

or - *SB3_R1* – 20 – (g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075.

Notwithstanding any provision of NRS 612.390 to the contrary, for the period of time that any emergency directive issued by the Governor pursuant to chapter 414 of NRS relating to the outbreak of the disease identified by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as COVID-19 remains in effect, the Administrator of the Employment Security Division of the Department ofofstrator Employment, Training and Rehabilitation shall, by regulation, establish justifications related to COVID-19 that may constitute good cause for a person to refuse suitable work.

The employer cannot offer suitable means by which the person may work remotely and a medical professional has recommended that the person not return to work because the person falls- into32nd oneSpecial ofSession the(2020) categories– deemed21 high– risk for contracting COVID-19 by the Centers for Disease Control and Prevention.Prevention.acting 2.

2.

Sec.218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475.

16.

Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475.

As soon as practicable, upon determining that sufficient resources are available to the Employment Security Division of the Department of Employment, Training and - *SB3_R1* – 21 – Rehabilitation to carry out the amendatory provisions of section 4 of this act, the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Division notice to the public of that fact.

The amendatory provisions of sections 8, 9 and 15 of this act applyMay retroactively28, 2020.tively to any week of unemployment ending on or after May2. 28, 2020.

2.Any regulation adopted by the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation pursuant to section 8, 9 or 15 of this act may be applied retroactively to any week of unemployment ending on or after May 28, 2020.

Any regulation adopted by the Administrator of the Training and Rehabilitation pursuant to section 8, 9 or 15 of this act may be applied retroactively to any week of unemployment ending on or after May 28, 2020.

- 32nd Special Session (2020) – 22 – (a) Sixty days after passage and approval of this act;

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