(Reprinted with amendments adopted on April 21, 2003)

 

Senate Bill No. 193–Senator Schneider

 

February 21, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions regarding coverage of industrial insurance for certain employees. (BDR 53‑782)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to industrial insurance; clarifying the coverage of industrial insurance for members of the Nevada Legislature; extending the coverage of industrial insurance for employees of school districts who engage in an athletic or social event under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 616A.185 is hereby amended to read as

1-2  follows:

1-3  616A.185  For the purposes of chapters 616A to 616D,

1-4  inclusive, of NRS:

1-5  1.  A member of the Nevada Legislature shall be deemed [for

1-6  the purposes of chapters 616A to 616D, inclusive, of NRS] to be an

1-7  employee of the State during his term of office at the wage of

1-8  $2,000 per month and is entitled to the benefits of those chapters.

1-9  2.  Any injury sustained by a member of the Nevada

1-10  Legislature shall be deemed to have arisen out of and in the

1-11  course of his employment as a Legislator if, at the time of the

1-12  injury, he was performing any act or was engaging in any event

1-13  that was reasonably related to his legislative office, his public

1-14  service as a Legislator or his political activities as a Legislator,

1-15  whether or not he was receiving remuneration from the State for

2-1  performing the act or engaging in the event at the time of the

2-2  injury. Such acts and events include, without limitation:

2-3  (a) Attending, as a Legislator, a function, event, seminar,

2-4  conference, hearing, meeting or gathering of a public body at the

2-5  federal, state or local level for purposes relating to law, policy,

2-6  politics or issues of public concern.

2-7  (b) Attending, as a Legislator, a public, private or political

2-8  function, event, seminar, conference, hearing, meeting or

2-9  gathering for purposes relating to law, policy, politics or issues of

2-10  public concern.

2-11      (c) Meeting, as a Legislator, with constituents or other persons

2-12  for purposes relating to law, policy, politics or issues of public

2-13  concern.

2-14      Sec. 2.  NRS 616A.265 is hereby amended to read as follows:

2-15      616A.265  1.  “Injury” or “personal injury” means a sudden

2-16  and tangible happening of a traumatic nature, producing an

2-17  immediate or prompt result which is established by medical

2-18  evidence, including injuries to prosthetic devices. [Any] Except as

2-19  otherwise provided in subsection 3 and NRS 616A.185, any injury

2-20  sustained by an employee while engaging in an athletic or social

2-21  event sponsored by his employer shall be deemed not to have arisen

2-22  out of or in the course of employment unless the employee received

2-23  remuneration for participation in the event.

2-24      2.  For the purposes of chapters 616A to 616D, inclusive, of

2-25  NRS:

2-26      (a) Coronary thrombosis, coronary occlusion, or any other

2-27  ailment or disorder of the heart, and any death or disability ensuing

2-28  therefrom, shall be deemed not to be an injury by accident sustained

2-29  by an employee arising out of and in the course of his employment.

2-30      (b) The exposure of an employee to a contagious disease while

2-31  providing medical services, including emergency medical care, in

2-32  the course and scope of his employment shall be deemed to be an

2-33  injury by accident sustained by the employee arising out of and in

2-34  the course of his employment.

2-35      (c) Except as otherwise provided in paragraph (d), the exposure

2-36  to a contagious disease of a police officer or a salaried or volunteer

2-37  fireman who was exposed to the contagious disease:

2-38          (1) Upon battery by an offender; or

2-39          (2) While performing the duties of a police officer or

2-40  fireman,

2-41  shall be deemed to be an injury by accident sustained by the police

2-42  officer or fireman arising out of and in the course of his employment

2-43  if the exposure is documented by the creation and maintenance of a

2-44  report concerning the exposure pursuant to paragraph (a) of

2-45  subsection 1 of NRS 616C.052. As used in this paragraph, the term

3-1  “battery” includes, without limitation, the intentional propelling or

3-2  placing, or the causing to be propelled or placed, of any human

3-3  excrement or bodily fluid upon the person of an employee.

3-4  (d) If a police officer or a salaried or volunteer fireman tests

3-5  positive for exposure to tuberculosis under the circumstances

3-6  described in subsection 2 or 3 of NRS 616C.052, he shall be deemed

3-7  to have sustained an injury by accident arising out of and in the

3-8  course of his employment, unless the insurer can prove by a

3-9  preponderance of the evidence that the exposure was not related to

3-10  the employment of the police officer or fireman.

3-11      3.  Any injury sustained by an employee of a school district

3-12  while engaging in an athletic or social event shall be deemed to

3-13  have arisen out of and in the course of his employment, whether

3-14  or not the employee received remuneration for participation in the

3-15  event, if:

3-16      (a) The event was sponsored by the school district, or the event

3-17  was an extracurricular activity which was sponsored or organized

3-18  by a student class, student group or student organization for an

3-19  educational, recreational or charitable purpose and which was

3-20  reasonably related to the employee’s job with the school district;

3-21      (b) The employee participated in the event at the request of or

3-22  with the concurrence of supervisory personnel, whether the

3-23  request or concurrence was oral or written; and

3-24      (c) The employee participated in the event to enable the event

3-25  to take place or to ensure the safety and well-being of any students

3-26  of the school district.

3-27      Sec. 3.  This act becomes effective upon passage and approval.

 

3-28  H