Revises provisions relating to unemployment compensation. (BDR 53-349)
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SB 75 — Revises provisions relating to unemployment compensation. (BDR 53-349)
Last action — Approved by the Governor. Chapter 279.
No card. One bill, free forever — alerts when it moves.
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6Enacted
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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Bill Text
What changed in the latest version
1089 added · 1191 removedPlain-language change summary
The revised version of Senate Bill No. 75 includes several updates related to unemployment compensation. Key changes include new rules for how long people can receive benefits and adjustments to the confidentiality of unemployment information. The bill also allows for a longer period of extended benefits under certain conditions and clarifies eligibility requirements. These changes are important because they aim to make unemployment benefits more accessible and responsive to the needs of individuals facing job loss.
(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2021) FIRST REPRINT S.B.
7575–Committee Son ENATECommerce Band ILLNLabor O.CHAPTER..........
75–COMMITTEE ON COMMERCE AND LABOR (ON B EHALF OF THE EMPLOYMENT S ECURITY D IVISION OF THED EPARTMENT OF EMPLOYMENT , RAINING AND REHABILITATION ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to unemployment compensation.
(BDR 53-349) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising provisions relating to personnel of the Employment Security Division of the Department of Employment, Training and Rehabilitation;revisingRehabilitation; requirements relating to the confidentiality of information concerning unemployment compensation;
revising requirements relating to the confidentiality of information concerning unemployment compensation;
modifying certain requirements concerning unemployment benefits paid induring calendarcertain yearperiods 2020;of time;
- *SB75_R1* – 2 – Legislative Counsel’s Digest:
(Chapter 612 of NRS) Existing law requires the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to fill all positions in the Division, except the post of Administrator and Senior Attorney, from registers prepared by the Division of Human Resource Management of the from Department of Administration.
confidentialityandalExisting disclosuresofarinformationemrelatedfederal toatunemploymentglaw imposes various requirements on states concerning the confidentiality and disclosure of information related to unemployment compensation.
Part 603) SectionsSection 3 and 19 of this bill reviserevises and removeremoves certain provisions of existing law concerning the confidentiality of such disclose such information andfor the circumstancespurposes underof whichcomplying thewith Administratorfederal law.ized to (NRS 612.265) Existing law requires an eligible person who is authorizedunemployed in any week to disclosebe suchpaid informationa benefit for that week in the purposesamount of complyingthe withperson’s federalweekly law.benefit amount, less 75 percent of the remuneration payable to the person for that week.
(NRS 612.265)612.350) ExistingSection law4 requiresof anthis eligiblebill personreduces whothis ispercentage unemployedto in66 any2/3 weekpercent toof bethe paidremuExisting alaw benefitprovides for thatthe weekpayment inof theextended amountunemployment ofbenefits theto person’sa weeklyperson benefitwho amount,has lessexhausted 75his percentor ofher theregular remunerationunemployment payablebenefits toand thewho personmeets for- that81st week.Session (2021) – 2 – certain eligibility requirements during an extended benefit period.
(NRS 612.350) Section 4 of this bill reduces this percentage to 66 2/3 percent of the remuExisting law provides for the payment of extended unemployment benefits to a person who has exhausted his or her regular unemployment benefits and who meets certain eligibility requirements during an extended benefit period.
Existing law also prohibits an extended benefit period from beginning before the 14th week following the end of a prior extended benefit period which was in effect forperiod Nevada.to begin before the 14th week following the end of a prior extended benefit period if authorized by federal law.
(NRS 612.377) Section 5.520 of this bill authorizesapplies anthis extendedauthorization benefitretroactively periodon toand beginafter beforeDecember the27, 14th2020. week following the end of a prior extended benefit period if authorized by the United States Department of Labor.
SectionExisting 20 of this billExisting federal law requires that unemployment benefits be denied to certain employees of educational institutions for any period between successive academic years or terms, a vacation or a recess for a holiday, if there is reasonable assurance that the employee will return to service in the ensuing academic year for any educational institution.
of Labor UIPL 5-17 (2016)) Sections 6 and 7 of this bill set forth requirements for determining the eligibility for unemployment benefits of persons who provide services in multiple capacities for educational institutions in accoUnderaccordance existingwith law,federal theguidance. Administrator or Division is authorized to provide documents or communications to a person electronically if the person has requested to receive documents or communications electronically.
(NRSUnder 612.253)existing Sectionslaw, 5,the 8-13Administrator andor Division is authorized to provide documents or communications to a person electronically if the person has requested 8-13, 15-17 and 18 of this bill revise provisions of existing law requiring certain notices, bills and other communications relating to unemployment compensation to be mailed or personally served for the purposes of allowing such notices, bills and communications to be provided electronically.
- *SB75_R1* – 3 – Section 13.5 of this bill specifies that a petition for judicial review of a decision of the Board of Review that is required to be served upon the Administrator under existing law is required to be served upon the Administrator at a designated office of the Administrator in Carson City.
(NRS 612.530) Existing law requires an employer who wishes to make an application for a refund or adjustment relating to a payment of contributions, forfeit or interest which has been erroneously collected to make such an application not later than 3 years thisafter bill removes the 3-yeardate limitationon withwhich respectsuch topayments applicationsbecome fordue. refunds.
(NRS 612.655) Section 17.5 of this bill removes the 3-year limitation with respect to applications for refunds.
(NRS 612.655) Section 17.5 removes these limitations with respect to the making of refunds.
Section 17.5 removes these limitations with respect to the making of Section 18.5 of this bill prohibits the State of Nevada from being charged fees of Underany existingkind law,in anany employer’sproceeding contributionunder rate is based on the employer’sUnemployment experienceCompensation rating,Law. which reflects the amount of unemployment compensation benefits that are paid to former employees and charged to the employer’s experience rating record.
Under existing law, an employer’s contribution rate is based on the employer’s experience rating, which reflects the amount of unemployment compensation benefits that are paid to former employees and charged to the employer’s experience rating record.
(NRS 612.550) Section 19.5 of this bill provides that benefits paid to a person during the second or third calendar quarter of calendar year 2020 are - 81st Session (2021) – 3 – prohibited from being charged against the experience rating record of any of the person’s base period employers.
Existing law authorizes certain employers to reimburse the Unemployment Compensation Fund for benefits paid to their former employees rather than making quarterlythe contributionsend toof each calendar quarter or at the Fund.end of any other period as determined byter the Administrator, determine the amount of reimbursement due from each employer who has elected to make reimbursement in lieu of contributions and bill each such employer for that amount.
(NRS 612.553) Existing federal law requires the AdministratorSecretary to, after the end of eachLabor calendarto quartertransfer orfunds atto the endaccounts of any other period as determined by the Administrator,states determinein the amountUnemployment ofTrust reimbursementFund duewhich fromare eachrequired employerto whobe hasused elected to makereduce reimbursement in lieu of contributions and bill each such Administrator, in determining the amountamounts of reimbursement due from an employer who has elected to make reimbursement in lieu of contributions,contributions tofor reduceweeks by the maximum amount authorized by federal law the amount of reimbursementunemployment thatduring istheto attributablemake toperiod benefitsbeginning paidon toMarch a13, person2020, duringand theending second,on thirdSeptember or6, fourth2021. calendar quarter of calendar year 2020.
(42 U.S.C.
§ 1103(i)) Section 19.5 of this bill requires the Administrator, in determining the amount of reimbursement due from an employer who has elected to make reimbursement in lieu of contributions that is attributable to benefits paid to a person during a week of unemployment in which such federal funds are available, such federal funds which are available;
and (2) result in the employer owing no amount of reimbursement for that week.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
SectionSections 1.1 and 2.
2.
Show all 199 changed lines (159 more)
(Deleted by amendment.) Sec.
For the purpose of ensuring the impartial selection of personnel on the basis of merit, the Administrator shall fill all positions in the Division, except the post of Administrator and Senior Attorney [,] and any positions for attorneys, from registers prepared by the Division of Human Resource Management of the - *SB75_R1* – 4 – Department of Administration, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may be adopted or prescribed by the Administrator.
The Administrator may fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any- such81st personSession such(2021) power– and4 authority– as the Administrator deems reasonable and proper for its effective administration.
Except as otherwise provided in this section and NRS 239.0115, 607.217 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter , [and] any determination as to the benefit rights of any person and any information relating to the contributions paid bybyy an employing unit under this chapter is confidential and may not be disclosed or be open to public inspection in any manner .
- *SB75_R1* – 5 – 3.
The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.037 and administeredadministereddinal data pursuant to NRS 223.820, make the information obtained by the Division available to:
- 81st Session (2021) – 5 – 4.
(a) Any agency of this or any other state or any federal agency chargedunemployment with the administrationacompensation, or enforcementepublicmentassistance,latworkers’ of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;
Upon written request made by the State Controller or a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division.
The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to - *SB75_R1* – 6 – recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable.
6.]- The81st AdministratorSession may(2021) publish– [or6 otherwise– provide] aggregate statistics and information on [the names of] employers, [their addresses,] their type or class of business or industry [,] and the approximate number of employees employed by [each] such [employer,] employers, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State.
The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and preventpre7.nt itsUpon unauthorizedrequest disclosure.therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.
7.
Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.
The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by thetheo agency.
Upon receipt of such a request, the Administrator shall - *SB75_R1* – 7 – furnish the information requested.
In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B- and81st 363CSession (2021) – 7 – cover the actual costs of NRS.any related administrative expenses.
The Administrator may charge a fee to cover the actual costs of any related administrative expenses.
Upon the request of any district judge or jury commissioner of the judicial district in which the county is located,located,] the6. Administrator shall, in accordance with other agreements entered into with other district courts and in compliance with 20 C.F.R.
In response to a request from a court official with subpoena authority, the Administrator shall, in [accordance with other agreements entered into with other district courts and in] compliance with 20 C.F.R.
The[The court or jury commissioner who requests the list of such persons shall reimburse the Division for the reasonable cost of providing the requested information.
11.] 6.7.
The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
[12.] 7.8.
The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report ororr, and return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.
[13.] 8.9.
The Administrator, any employee or other person acting on behalf of the Administrator, or any employee or other - *SB75_R1* – 8 – person acting on behalf of an agency or entity allowed to access information obtained from any employing unit or person in the administration of this chapter, or any person who has obtained a list of applicants for work, or of claimants or recipients of benefits - 81st Session (2021) – 8 – pursuant to this chapter, is guilty of a gross misdemeanor if he or she:
(b) Uses or permits the use of the list for any purpose other than oneone(c) authorizedFails byto protect and prevent the Administratorunauthorized use or bydissemination law;of information derived from the list.
or[14.] (c)10. Fails to protect and prevent the unauthorized use or dissemination of information derived from the list.
[14.] 9.
and (b) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience, as determined by the Administrator.
Except as otherwise provided in subsection 4, at any time within 5 years after the notice of overpayment, the Administrator may recover the amount of the overpayment by using the same - *SB75_R1* – 9 – methods of collection provided in NRS 612.625 to 612.645, inclusive, 612.685 and 612.686 for the collection of past due - 81st Session (2021) – 9 – contributions or by deducting the amount of the overpayment from any benefits payable to the liable person under this chapter.
If the overpayment is due to fraud, misrepresentation or willful nondisclosure, the Administrator may, within 10 years after the notice of overpayment, recover any amounts due in accordance with the provisions of NRS 612.7102 to 612.7116, inclusive.inclusive.dance 5.
5.
“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 afterafterh 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 [.] , unless thefederal Unitedlaw States Department of Labor authorizes an extended benefit period to begin before the 14th week following the end of a prior extended benefit period.
- *SB75_R1*81st Session (2021) – 10 – (1) Equaled or exceeded 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years and equaled or exceeded 5 percent;
or (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.
“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.
“Extended benefits” means benefits (including benefits payable to federal civilian employees and to ex-servicemen or ex- servicewomen- pursuant81st Session (2021) – 11 – person under the provisions of NRS 612.377 to 5612.3786, U.S.C.inclusive, for the weeks of unemployment in the person’s eligibility period.
§§ 8501 et seq.) payable to a - *SB75_R1* – 11 – person under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in the person’s eligibility period.
“Exhaustee” means a person who, with respect to any week of unemployment(a) inHas received, before that week, all of the person’sregular, eligibilityseasonal period: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 employees and ex-servicemen or ex-servicewomen under 5 U.S.C.
(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 employees and ex-servicemen or ex-servicewomen under 5 U.S.C.
or (b) His or her benefit year having expired before that week, has no, or insufficient, wages on the basis of which the person could establish a new benefit year which would include that week, and has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 4545the U.S.C.
If the person is seeking such benefits and the appropriate agency finally determines that the person is not - 81st Session (2021) – 12 – entitled to benefits under that law the person is considered an exhaustee.
- *SB75_R1* – 12 – 10.
“State law” means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the InternalIntSec. Revenue Code of 1954.
Sec.6.eveNRS 612.432 is hereby amended to read as follows:
6.
NRS 612.432 is hereby amended to read as follows:
and (c) The wages for the employment provided pursuant to paragraph (b) will not be less than 90 percent of the aggregate amount of wages paid to the person for all services performed in all capacities for any educational institution in the period immediately preceding the vacation or recess.
If a person is paid benefits for a week of unemployment based on the services described in subsection 3, the amount of the benefits paid that is based on services performed for which an educational- institution81st providedSession the(2021) person– reasonable13 assurance– of employment immediately succeeding the vacation or recess:recess:ance (a) If the educational institution has not been given the right to make reimbursements in lieu of contributions pursuant to NRS 612.553, must be charged against the records for experience rating of that educational institution.
(a) If the educational institution has not been given the right to make reimbursements in lieu of contributions pursuant to - *SB75_R1* – 13 – NRS 612.553, must be charged against the records for experience rating of that educational institution.
[Benefits] Except as otherwise provided in subsections 4 and 5, benefits based on service in an instructional, research or principal administrative capacity for any educationaleducationall, institution must be denied to any person for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the person’s contract, if that person performs the service in the first of the academic years or terms and there is a contract or reasonable assurance that the person will be provided employment in any such capacity for an educational institution in the next academic year or term.
Except as provided in subsection 3, benefits based on service in any other capacity for any educational institution must be denied to any person for any week of unemployment which begins during the period between two successive academic years or terms if the person performed the service in the first of the academic years or terms and there is reasonable assurance that the person will be provided employment to perform that service in the next academic year or term.
4.- 81st Session (2021) – 14 – any educational institution, benefits must be denied to the person for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the person’s contract if:
If(a) aThe person performs services in more than one capacity for any educationalof institution,his benefitsor musther becapacities deniedin to the personfirst for any week of unemployment which begins during the period between two successive academic years,years or duringterms; a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the person’s contract if:
- *SB75_R1* – 14 – (a) The person performs services in any of his or her capacities in the first of the academic years or terms;
5.any educational institution and benefits are not denied to the for person pursuant to subsection 4, all of the services performed in all capacities for any educational institution during the first of the academic years or terms must be included to determine the person’s eligibility for benefits for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the person’s contract.
If a person performs services in more than one capacity for any educational institution and benefits are not denied to the person pursuant to subsection 4, all of the services performed in all capacities for any educational institution during the first of the academic years or terms must be included to determine the person’s eligibility for benefits for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the person’s contract.
(a) If the educational institution has not been given the right to make reimbursements in lieu of contributions pursuant to NRS 612.553, must be charged against the records for experience NRS rating of that educational institution.
The provisions of this section apply also to services performed while employed by a governmental agency which is established and operated to provide services to educational - 81st Session (2021) – 15 – institutions and which may make reimbursements in lieu of contributions pursuant to NRS 612.553.
Any determination or redetermination is final 11 days after the date of notification by electronic transmission or mailing of the notice of determination or redetermination unless a request for reconsideration or an appeal is filed within the 11-day period.
- *SB75_R1* – 15 – 2.
An appeal shall be deemed to be filed on the date it is delivered to the Division, or, if it is mailed, on the postmarked date appearing on the envelope in which it was mailed, if postage is prepaid and the envelope is properly addressed to the office of the Divisionemployer thatentitled mailedto notice ofunder theNRS person’s612.475.aim claim for benefits to each employer3. entitled to notice under NRS 612.475.
3.
In addition to the - 81st Session (2021) – 16 – issues raised by the appealed determination, the Appeal Tribunal may consider all issues affecting the claimant’s rights to benefits from the beginning of the period covered by the determination to the date of the hearing.
3.as evidence all records of the Administrator that are material to the issues.
An Appeal Tribunal shall include in the record and consider as evidence all records of the Administrator that are material to the issues.
- *SB75_R1* – 16 – 5.
If the district court finds that good cause exists for the party’s failure to pursue the administrative remedies provided in NRS 612.510, it may grant the petitioner’spetSec. request.
Sec.
A request for review or appeal to the Board of Review shall be deemed to be filed on the date it is delivered to the Division, or, if it is mailed, on the postmarked date appearing on the envelope in - 81st Session (2021) – 17 – which it was mailed, if the postage was prepaid and the envelope was properly addressed to one of the offices of the Division.
Sec.612.515 1.RS 61An appeal to the Board of Review by any party must be allowed as a matter of right if the Appeal Tribunal’s decision reversed or modified the Administrator’s determination.
12.
NRS 612.515 is hereby amended to read as follows:
612.515 1.
An appeal to the Board of Review by any party must be allowed as a matter of right if the Appeal Tribunal’s decision reversed or modified the Administrator’s determination.
The Board of Review on its own motion may initiate a review of a decision or determination of an Appeal Tribunal within - *SB75_R1* – 17 – 11 days after the date of mailing or electronic transmission of the decision.
Any decision of the Board of Review in the absence of an appeal therefrom as herein provided becomes final 11 days after the date of notification by electronic transmission or mailing thereof, and judicial review thereof is permitted only after any party claiming to be aggrieved thereby has exhausted administrativeadm2. remedies as provided by this chapter.
2.
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 - 81st Session (2021) – 18 – decision, in which action any other party to the proceedings before the Board of Review must be made a defendant.
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 [,] at a designated office of thetheserved Administrator in Carson City, 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.
- *SB75_R1* – 18 – 3.
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.
Such actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
- 81st Session (2021) – 19 – 9.
612.551and 1.7, if the Division determines that a claimant has earned 75, 3 percent or more of his or her wages during his or her base period from one employer, it shall notify the employer by mail or electronic transmission of its determination and advise him or her that he or she has a right to protest the charging of benefits to his or her account pursuant to subsection 4 of NRS 612.550.
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 or electronic transmission of its determination and advise him or her that he or she has a right to protest the charging of benefits to his or her account pursuant to subsection 4 of NRS 612.550.
- *SB75_R1* – 19 – 3.
or (b) Was the spouse of an active member of the Armed Forces of thewas Unitedtransferred Statesto anda leftdifferent hislocation,ployment 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 charged- against81st Session (2021) – 20 – 612.553.against the employer’s record pursuant to NRS 612.550 or 612.553.8.
8.
- *SB75_R1* – 20 – Sec.
(a)of “IndianNRS tribe”612.055.tribe” includes any entity described in subsection 10 (b) “Nonprofit organization” means any entity described in subsection 1 of NRS 612.055.612.121.
(b) “Nonprofit organization” means any entity described in subsection 1 of NRS 612.121.
(a) Shall pay contributions to the Unemployment Compensation Fund in the manner provided in NRS 612.535 to 612.550, inclusive, unless it elects, in accordance with this section, to pay into the Unemployment Compensation Fund, in lieu of contributions, as reimbursement an amount equivalent to the amount of regular unemployment compensation benefits and one-half of the extended benefits paid to claimants that is attributable to wages paid, except that after December 31, 1978, a political subdivision, and after December 21, 2000, an Indian tribe, shall reimburse an amount equal to the regular unemployment compensation benefits and all of the extended benefits.
The amount of benefits payable by each employer who elects to make payments by way of reimbursement in lieu of contributions must be an amount which bears the same ratio to the total benefits paid to a person as the total base-period wages paid to that person by the employer bear to the total- base-period81st wagesSession paid(2021) to– that21 person– by all of the person’s base-period employers.
Two or more employers who have becomebecomerson’s liable for payments by way of reimbursement in lieu of contributions may file a joint application, in accordance with regulations of the Administrator, for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers.
The organization remains liable for payments by way of reimbursement in lieu of contributions until it files with the Administrator a written notice terminating its election not later than -days *SB75_R1*before –the 21beginning –of the taxable year for which the ter3.natAny nonprofit organization, political subdivision or Indian tribe which is paying contributions as provided in NRS 612.535 to 612.550, inclusive, may change to a reimbursement-in-lieu-of- contributions basis by filing with the Administrator not later than 30 days before the beginning of theany taxable year a written notice of its election to become liable for whichpayments theby terminationway isof firstreimbursements effective.in lieu of contributions.
3.
Any nonprofit organization, political subdivision or Indian tribe which is paying contributions as provided in NRS 612.535 to 612.550, inclusive, may change to a reimbursement-in-lieu-of- contributions basis by filing with the Administrator not later than 30 days before the beginning of any taxable year a written notice of its election to become liable for payments by way of reimbursements in lieu of contributions.
The Administrator shall notify each nonprofit organization, political subdivision and Indian tribe of any determination which the Administrator may make of its status as an employer and of theich the effective date of any election which it makes and of any termination of such election.
The amount of reimbursement in lieu of contributions due from each employing unit which elects to make reimbursement in lieu of contributions must be determined by the Administrator as soon as practicable after the end of each calendar quarter or at the end- of81st anySession other(2021) period– as22 determined– byAdministrator theshall Administrator.bill each employing unit which makesor.
The Administrator shall bill each employing unit which makes reimbursement in lieu of contributions for an amount determined pursuant to paragraph (a) of subsection 2.
The amount due specified in any bill from the Administrator is conclusive and binding on the employing unit, unless not later than 15 days after the bill was mailed to its last known address, the employingredetermination unitmade filesunder anthis applicationsubsection is subject to petition for redetermination.hearing and judicial review in accordance with the provisions of this chapter.
A - *SB75_R1* – 22 – redetermination made under this subsection is subject to petition for hearing and judicial review in accordance with the provisions of this chapter.
(b) Require an Indian tribe whose election to become liable for payments by way of reimbursement in lieu of contributions is suspended pursuant to subsection 1 to pay contributions as set forth in NRS 612.535 to 612.550, inclusive, for the following taxable year unless the Administrator receives its payment in full before thetheyear Administrator computes the contribution rates for that year.
(1) Has paid all contributions pursuant to NRS 612.535 to 612.550, inclusive, including interest and penalties, for not less than 1 year;
and - 81st Session (2021) – 23 – (2) Has no unpaid balance owing to the Administrator for any contribution, payment in lieu of contributions, penalty or interest.
Benefits are payable on the basis of employment to which this section applies, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter.
- *SB75_R1* – 23 – Sec.
In addition to or independently of the remedy by civil action provided in NRS 612.625, the Administrator, or the Administrator’s authorized representative, after giving to any employer who defaults in any payment of contributions, interest or forfeit provided by this chapter 15 days’ notice by registered or certified mail, addressed to the employer’s last known place of business or address, or notice by electronic transmission, may file in the office of the clerk of the district court in the county in which the employer has his or her principal place of business, or if there is no such principal place of business, then in Carson City, a certificate, which need not be verified, but which must specify the amount of contribution, interest and forfeit due, the name and last known place of business of the employer liable for the same, and which must contain a statement that the Division has complied with all the provisions of this chapter in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest and forfeit set forth in the certificate.
Within the 15-day period, the employer may pay the amount specified in such notice, under protest, to the Administrator, and thereupon has the right to initiate, within 60 days following such payment, and to maintain his or her action against the Division for a - 81st Session (2021) – 24 – refund of all or any part of any such amount and to recover so much thereof as may have been erroneously assessed or paid.
Such an action by the employer must be commenced and maintained in the district court in the county wherein is located the principal place of businessemployer, ofthe Division shall promptly refund such sum withoutor the employer.interest as may be determined by the court.
In the event of entry of judgment for the employer, the Division shall promptly refund such sum without interest as may be determined by the court.
[An] - *SB75_R1* – 24 – 2.
An adjustment will not be made in any case with respect to contributions on wages which have been included in the determination of an eligible claim for benefits, unless it is shown to the satisfaction of the Administrator that such determination waswaswn to due entirely to the fault or mistake of the Division.
A person so notified shall, within 11 days after receipt of the notice, advise the Administrator of all credits, debts or other - 81st Session (2021) – 25 – personal property of the delinquent employing unit in the person’s possession, under the person’s control or owing by the person, as the case may be.
The Administrator may, [personally or] by registered or certified mail [,] or electronic transmission, give the person so notified a demand to transmit.
Upon receipt of the demand, thatthatso person shall transmit to the Division, within the time and in the manner stated in the demand, the lesser of:
If the debt is not paid within 1 year after the demand to transmit was given, the Administrator shall give another demand to the person who owes or controls the payments, instructing the person to continue to transmit the payments or - *SB75_R1* – 25 – informing the person that the person’s duty to transmit them has ceased.
A person notified of a delinquency who makes any transfer or other disposition of property required to be withheld or transmitted to the Division is liable for the amount of the delinquency to the extent of the value of the property or the amount of the6. debt so transferred or paid.
6.
Any person claiming benefits in any proceeding before the Administrator or the Board of Review, or representatives of the Board of Review or the Administrator, or a court, may be represented by counsel or other duly authorized agent, but no such - 81st Session (2021) – 26 – counsel or agents may either charge or receive for such services more than an amount approved by the Board of Review.
Any person, firm or corporation who exacts or receives any remuneration or gratuity for any services rendered on behalf of a claimant except as allowed by this section and in an amount approved by the Board of Review is guilty of a misdemeanor.
NRS(Deleted 6.045by isamendment.) herebySec. amended to read as follows:
6.045 1.
The district court may by rule of court designate the clerk of the court, one of the clerk’s deputies or another person as a jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.
2.
If a jury commissioner is so selected, the jury commissioner shall from time to time estimate the number of trial jurors which will be required for attendance on the district court and shall select that number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not.
The jurors may be selected by computer whenever procedures to assure random - *SB75_R1* – 26 – selection from computerized lists are established by the jury commissioner.
3.
The jury commissioner shall, for the purpose of selecting trial jurors, compile and maintain a list of qualified electors from information provided by:
(a) A list of persons who are registered to vote in the county;
(b) The Department of Motor Vehicles pursuant to NRS 482.171 and 483.225;
and (c) [The Employment Security Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 612.265;
and (d)] A public utility pursuant to NRS 704.206.
4.
In compiling and maintaining the list of qualified electors, the jury commissioner shall avoid duplication of names.
5.
The jury commissioner shall:
(a) Keep a record of the name, occupation, address and race of each trial juror selected pursuant to subsection 2;
(b) Keep a record of the name, occupation, address and race of each trial juror who appears for jury service;
and (c) Prepare and submit a report to the Court Administrator which must:
(1) Include statistics from the records required to be maintained by the jury commissioner pursuant to this subsection, including, without limitation, the name, occupation, address and race of each trial juror who is selected and of each trial juror who appears for jury service;
(2) Be submitted at least once a year;
and (3) Be submitted in the time and manner prescribed by the Court Administrator.
6.
The jury commissioner shall not select the name of any person whose name was selected the previous year, and who actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there are not enough other suitable jurors in the county to do the required jury duty.
Sec.
Notwithstanding the provisions of NRS 612.553, as amended by section 16 of this act, in determining the amount of payment by way of reimbursement in lieu of contributions due from an employer who elects to make payments by way of reimbursement in lieu of contributions pursuant to NRS 612.553, as amended by - *SB75_R1* – 27 – section 16 of this act, the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation shallshall, reducefor byany theweek maximumof amountunemployment authorizedbeginning byon federalor lawafter theMarch amount13, of2020, paymentin bywhich wayfederal offunds reimbursementprovided duepursuant that is attributable to benefitsSection paid903(i) toof a person during the second,Social thirdSecurity orAct, fourth42 calendarU.S.C. quarter of calendar year 2020.
§ 1103(i) are available, reduce the amount of payment by way of reimbursement week in an amount determined by the Administrator so as to:g such a (a) Use all available federal funds provided pursuant to Section 903(i) of the Social Security Act, 42 U.S.C.
§ 1103(i);
and (b) Result in the employer owing no amount of payment by way of reimbursement for that week.
(c) “Calendar quarter” has the meaning ascribed to it in NRS(d) “Employer” has the meaning ascribed to it in NRS 612.055.612.040.
(d) “Employer” has the meaning ascribed to it in NRS 612.055.
(a)- Upon81st passageSession and(2021) approval– for27 the– purposes of adopting regulations and performing preparatory administrative tasks;
Sections 1,1 [2,] to 33, , inclusive, 5 and 6 to [19,] 19.5, inclusive, of this act become effective on July 1, 2021.
H~~~~~ 21 - *SB75_R1*81st Session (2021)
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 279.
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Enrolled and delivered to Governor.
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From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Assembly Amendment No. 628 concurred in. To enrollment.
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From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 628.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 27, Nays: 14, Absent: 1.) To printer.
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In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 12, Nays: 9.) To Assembly.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 104.) To printer.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Senate Committee on Commerce and Labor · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Senate Committee on Commerce and Labor
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 75?
- SB 75 is sponsored by Senate Committee on Commerce and Labor.
- What is the current status of SB 75?
- This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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- Track SB 75 free on One Click Politics — get push/email alerts when it moves.
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