Amendment vs bill Amendment 95 vs Enrolled

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Senate Bill No.
Session (82nd) A SB145 95 Amendment No.
145–Senators Lange, Donate;
95 Senate Amendment to Senate Bill No.
Daly and Ohrenschall CHAPTER..........
145 (BDR 53-159) Proposed by:
Senate Committee on Commerce and Labor Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
SLD/HAC - Date:
4/16/2023 S.B.
No.
145—Revises provisions related to employee misclassification.
(BDR 53-159) Page 1 of 10 *A_SB145_95* Senate Amendment No.
95 to Senate Bill No.
145 Page 3 S ENATE B ILLNO .
145–SENATORS LANGE , DONATE ;
DALY AND O HRENSCHALL FEBRUARY 14, 2023 _______________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions related to employee misclassification.
(BDR 53-159) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
authorizing the Labor Commissioner to collect investigative costs;
authorizing the Labor Commissioner to use certain money to pay for additional staff for the Office of the Labor Commissioner;
revising the administrative penalties that may be imposed for certain conduct relating to employee misclassification;
revising the [amount of the] administrative [penalty] penalties that may be imposed for certain conduct relating to employee misclassification;
If the Labor Commissioner has reason to believe that a person is take any appropriate action and, under certain circumstances, impose anoner may administrative penalty against the person.
If the Labor Commissioner has reason to believe that a person is violating or has and, under certain circumstances, impose an administrative penalty against the person.
(NRS 607.160) Section 1 of this bill requires the Labor Commissioner to deposit all money collected as an administrative penalty or as an investigative cost in the State General Fund.
(NRS 607.160) Section 1 of this bill requires the Labor Commissioner to instead deposit all money collected as an administrative penalty or as an investigative cost into a separate account in the State General Fund.
Section 1 further authorizes the Labor Commissioner to use the money in the account to pay for additional staff for the Office of the Labor Commissioner.
(1) requires the offices of the Labor Commissioner, the Division of Industrial Relations of the Department of Business and Industry, the Employment Security Division of the Department of Employment, Training and between their respective offices information relating to suspected employeee misclassification which is received in the performance of their official duties and which is not otherwise declared by law to be confidential;
(1) requires the offices of the Labor Commissioner, the Division of Industrial Relations of the Department of Business and Industry, the Employment Security Division of the Department of Employment, Training and Rehabilitation, the Department of Taxation and the Attorney General to share between their respective offices information relating to suspected employee misclassification which is received in the performance of their official duties and which is not otherwise declared by law to be confidential;
and (2) authorizes such offices to communicate information relating to employee misclassification which is received in the performance of their official duties and which is otherwise declared by law to be confidential, if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
and (2) authorizes such offices to communicate information relating to employee misclassification which is received in the performance of their official duties and which is otherwise declared by law to be confidential, if the confidentiality of the information is otherwise maintained requires these offices to communicate between their respective offices information relating to suspected or actual employee misclassification which is received in the performance of their official duties, regardless of whether the information is otherwise declared by law to be confidential.
(NRS 607.217) Section of this bill instead requires these offices to communicate between their respective offices information relating to suspected or actual employee misclassification the information is otherwise declared by law to be confidential.
Section 2 further provides that any such information communicated between Senate Amendment No.
Section 2 furtherer provides that any such information communicated between their respective offices which is otherwise declared by law to be confidential must otherwise be maintained under the terms and conditions required by law.
95 to Senate Bill No.
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Section 4 of this bill makes a conforming change to require the Department of Taxation to share such information.
145 Page 4 their respective offices which is otherwise declared by law to be confidential must otherwise conforming change to require the Department of Taxation to share such information.ll makes a Existing law authorizes the Labor Commissioner to impose certain administrative penalties against an employer who misclassifies a person as an independent contractor or otherwise fails to properly classify an employee including:
Existing law authorizes the Labor Commissioner to impose certain administrative penalties against an employer who misclassifies a person as an independent contractor or otherwise fails to properly classify an employee misclassifies or otherwise fails to properly classify a person as an employee, a warning;
(1) for a first offense committed by an employer who unintentionally misclassifies or otherwise fails to properly classify a person as an employee, a warning;
and (3) for a second or subsequent - 82nd Session (2023) – 2 – offense, a fine of $5,000 for each employee who was willfully misclassified.
and (3) for a second or subsequent offense, a fine of $5,000 for each employee who was willfully misclassified.
(NRS 608.400) Section 3 of this bill provides instead that:
(NRS 608.400) Section 3 of this bill provides instead that [any such administrative penalty imposed by Labor otherwise fails to properly classify a person as an employee, a warning;
(1) for the first offense committed by an employer who misclassifies or otherwise fails to properly classify fine of $5,000 for each employee who was willfully misclassified.quent offense, a Existing law creates the Task Force on Employee Misclassification, consisting of certain persons appointed by the Governor.
and (2) for as or second or subsequent offense, a fine of $5,000 [.] for each employee who was misclassified.
Existing law creates the Task Force on Employee Misclassification, consisting of certain persons appointed by the Governor.
(2) evaluating any existing fines, penalties or other recommendations to reduce the occurrence of employee misclassification;
(2) evaluating any existing fines, penalties or other disciplinary action relating to employee misclassification;
and (4)ain submitting an annual report to the Legislative Commission that includes a summary of the Task Force’s work and recommendations.
(3) developing certain recommendations to reduce the occurrence of employee misclassification;
and (4) submitting an annual report to the recommendations.
Section 2 makes a conforming change to reorganize the definition of “employee definition applies after the elimination of the provisions in the Nevada Revised Statutes relating to the Task Force.
Section 2 makes a conforming change to reorganize the definition of “employee misclassification” into NRS 607.217, which is the only section to which that definition applies after the elimination of the provisions in the Nevada Revised Statutes relating to the Task Force.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
In determining the amount of any administrative penalty to be imposed against a person who violates a labor law or regulation, the Labor Commissioner shall consider the person’s previous record - 82nd Session (2023) – 3 – of compliance with the labor laws and regulations and the severity of the violation.
In determining the amount of any administrative penalty to be imposed against a person who violates a labor law or regulation, the Labor Commissioner shall consider the person’s previous record of compliance with the labor laws and regulations and the severity of the violation.
5.
Senate Amendment No.
All money collected by the Labor Commissioner as an administrative penalty or as an investigative cost must be deposited in 6.
95 to Senate Bill No.
145 Page 5 5.
All money collected by the Labor Commissioner as an administrative penalty or as an investigative cost must be deposited in a separate account in the State General Fund.
The Labor Commissioner may use the money in the account to pay for additional staff for the Office of the Labor Commissioner.
6.
Shall] shall communicate between their respective offices misclassification which is received in the performance of theiryee official duties [and which] , regardless of whether the information is [not] otherwise declared by law to be confidential.
Shall] shall communicate between their respective offices information relating to suspected or actual employee misclassification which is received in the performance of their official duties [and which] , regardless of whether the information is [not] otherwise declared by law to be confidential.
As used in this section, unless the context otherwise requires, “employee misclassification” means the practice by an employer of improperly classifying employees as independent contractors to avoid any legal obligation under state labor, employment and tax laws, including, without limitation, the laws - 82nd Session (2023) – 4 – governing minimum wage, overtime, unemployment insurance, workers’ compensation insurance, temporary disability insurance, the payment of wages and payroll taxes.
As used in this section, unless the context otherwise requires, “employee misclassification” means the practice by an employer of improperly classifying employees as independent contractors to avoid any legal obligation under state labor, employment and tax laws, including, without limitation, the laws governing minimum wage, overtime, unemployment insurance, workers’ compensation insurance, temporary disability insurance, the payment of wages and payroll taxes.
608.400 1.
An employer shall not:
An administrative penalty imposed pursuant to this section must be:
An [The] administrative penalty imposed pursuant to this section must be :
(b) [For a first offense committed by an employer who willfully misclassifies or otherwise willfully fails to properly classify a person as an employee of the employer, a fine of $2,500 for the first incident of willfully misclassifying or willfully failing to properly classify one or more persons as an employee of the employer imposed by the Labor Commissioner.
Senate Amendment No.
each employee who was willfully misclassified imposed by the for Labor Commissioner.
95 to Senate Bill No.
145 Page 6 (b) [For a first offense committed by an employer who willfully misclassifies or otherwise willfully fails to properly classify a person as an employee of the employer, a fine of $2,500 for the first incident of willfully misclassifying or willfully failing to properly classify one or more persons as an employee of the employer imposed by the Labor Commissioner.
(c)] For a second or subsequent offense, a fine of $5,000 for each employee who was [willfully] misclassified imposed by the Labor Commissioner.
- 82nd Session (2023) – 5 – 360.255 1.NRS 3Except as otherwise provided in this section and NRS 239.0115 , [and] 360.250 [,] and 607.217, the records and files of the Department concerning the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are confidential and privileged.
Sec.
4.
NRS 360.255 is hereby amended to read as follows:
360.255 1.
Except as otherwise provided in this section and NRS 239.0115 , [and] 360.250 [,] and 607.217, the records and files of the Department concerning the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are confidential and privileged.
The records and files of the Department concerning the amount required by law to be collected or the imposition ofr other disciplinary action are not confidential and privileged in the following cases:
The records and files of the Department concerning the administration and collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are not confidential and privileged in the following cases:
in accordance with compacts made and provided for in such cases,e or disclosure to any federal agency, state or local law enforcement agency, including, without limitation, the Cannabis Compliance Board, or local regulatory agency that requests the information for the use of the agency in a federal, state or local prosecution or criminal, civil or regulatory investigation.
(d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases, or disclosure to any federal agency, state or local law enforcement agency, including, without limitation, the Cannabis Compliance Board, or local regulatory agency that requests the information for the use of the agency in a federal, state or local prosecution or criminal, civil or regulatory investigation.
- 82nd Session (2023) – 6 – the projection of revenue;ion of the Office of Finance for use in (3) Any person authorized to audit the accounts of the Department in pursuance of an audit;
(2) The Budget Division of the Office of Finance for use in the projection of revenue;
Senate Amendment No.
95 to Senate Bill No.
145 Page 7 (3) Any person authorized to audit the accounts of the Department in pursuance of an audit;
The request about which the request is made and contain a statement signed bynsee the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government.
The request must set forth the social security number of the taxpayer or licensee about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government.
(i) Disclosure of relevant information as evidence in an appeal Commission has determined the information is not proprietary orax confidential in a hearing conducted pursuant to NRS 360.247.
(i) Disclosure of relevant information as evidence in an appeal by the taxpayer from a determination of tax due if the Nevada Tax Commission has determined the information is not proprietary or confidential in a hearing conducted pursuant to NRS 360.247.
- 82nd Session (2023) – 7 – disciplinary action has been taken and the type of disciplinary action imposed against the licensee at any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon the licensee disciplinary action becomes final or is affirmed by the Nevada Tax Commission.
(k) Disclosure of the identity of a licensee against whom disciplinary action has been taken and the type of disciplinary action imposed against the licensee at any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon the licensee disciplinary action becomes final or is affirmed by the Nevada Tax Commission.
(1) The identity of an applicant, including, without limita(2) The contents of any tool used by the Department tont;
(1) The identity of an applicant, including, without limitation, any owner, officer or board member of an applicant;
evaluate an applicant;
(2) The contents of any tool used by the Department to evaluate an applicant;
and (4) The final ranking and scores of an applicant, including, without limitation, the score assigned to each criterion in the application that composes a part of the total score of an applicant.
and Senate Amendment No.
95 to Senate Bill No.
145 Page 8 (4) The final ranking and scores of an applicant, including, without limitation, the score assigned to each criterion in the application that composes a part of the total score of an applicant.
The Executive Director shall periodically, as he or she deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the which the Executive Director has a record.
The Executive Director shall periodically, as he or she deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a list of the businesses of which the Executive Director has a record.
If the Executive Director obtains any confidential information pursuant to such a request, he or she shall - 82nd Session (2023) – 8 – maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained.
If the Executive Director obtains any confidential information pursuant to such a request, he or she shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained.
(b) “Disciplinary action” means any suspension or revocation of pursuant to this title or chapter 453A or 453D of NRS, as thosepartment chapters existed on June 30, 2020, or any other disciplinary action against the holder of such a license, registration, permit or certificate.
(b) “Disciplinary action” means any suspension or revocation of a license, registration, permit or certificate issued by the Department pursuant to this title or chapter 453A or 453D of NRS, as those chapters existed on June 30, 2020, or any other disciplinary action against the holder of such a license, registration, permit or certificate.
~~~~~ 23 - 82nd Session (2023)
TEXT OF REPEALED SECTIONS 607.216 “Employee misclassification” defined.
As used in NRS 607.216 to 607.2195, inclusive, unless the context otherwise requires, “employee misclassification” means the practice by an employer of improperly classifying employees as independent contractors to avoid any legal obligation under state Senate Amendment No.
95 to Senate Bill No.
145 Page 9 labor, employment and tax laws, including, without limitation, the laws governing minimum wage, overtime, unemployment insurance, workers’ compensation insurance, temporary disability insurance, wage payment and payroll taxes.
607.218 Task Force on Employee Misclassification:
Creation;
appointment, qualifications and terms of members;
vacancies;
meetings;
Chair and Vice Chair;
quorum;
compensation;
administrative support.
1.
The Task Force on Employee Misclassification is hereby created.
2.
The Governor shall appoint to serve on the Task Force:
(a) One person who represents an employer located in this State that employs more than 500 full-time or part-time employees.
(b) One person who represents an employer located in this State that employs or fewer full-time or part-time employees.
(c) One person who is an independent contractor in this State.
(d) Two persons who represent organized labor in this State.
(e) One person who represents a trade or business association in this State.
(f) One person who represents a governmental agency that administers laws governing employee misclassification.
3.
The Governor may appoint up to two additional members to serve on the Task Force as the Governor deems appropriate.
4.
After the initial terms, the members of the Task Force serve a term of 2 years and until their respective successors are appointed.
A member may be reappointed in the same manner as the original appointments.
5.
Any vacancy occurring in the membership of the Task Force must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
6.
The Task Force shall meet at least twice each fiscal year and may meet at such additional times as deemed necessary by the Chair.
7.
At the first meeting of each fiscal year, the Task Force shall elect from its members a Chair and a Vice Chair.
8.
A majority of the members of the Task Force constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Task Force.
9.
The Task Force shall comply with the provisions of chapter 241 of NRS, and all meetings of the Task Force must be conducted in accordance with that chapter.
10.
Members of the Task Force serve without compensation.
11.
The Labor Commissioner shall provide the personnel, facilities, equipment and supplies required by the Task Force to carry out its duties.
607.219 Task Force on Employee Misclassification:
Duties;
annual report.
The Task Force on Employee Misclassification created by NRS 607.218 shall:
1.
Evaluate the policies and practices of the Labor Commissioner, Division of Industrial Relations of the Department of Business and Industry, Employment Security Division of the Department of Employment, Training and Rehabilitation, Department of Taxation and Attorney General relating to employee misclassification.
2.
Evaluate any existing fines, penalties or other disciplinary action relating to employee misclassification that are authorized to be imposed by a state agency.
3.
Develop recommendations for policies, practices or proposed legislation to reduce the occurrence of employee misclassification.
4.
On or before July 1, 2020, and on or before July 1 of each subsequent year, submit a written report to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission.
The report must include, without Senate Amendment No.
95 to Senate Bill No.
145 Page 10 limitation, a summary of the work of the Task Force and recommendations for legislation concerning employee misclassification.
607.2195 Task Force on Employee Misclassification:
Authority to appoint subcommittee.
1.
The Task Force on Employee Misclassification created by NRS 607.218 may create a subcommittee to the Task Force for any purpose that is consistent with NRS 607.216 to 607.2195, inclusive.
2.
The Task Force shall appoint the members of the subcommittee and designate one of the members of the subcommittee as chair of the subcommittee.
The chair of the subcommittee must be a member of the Task Force.
3.
The subcommittee shall meet at the times and places specified by a call of the chair of the subcommittee.
A majority of the members of the subcommittee constitutes a quorum, and a quorum may exercise any power or authority conferred on the subcommittee.