REQUIRES TWO-THIRDS MAJORITY VOTE (§ 3)                 

                                                   (Reprinted with amendments adopted on June 1, 2003)

 

Senate Bill No. 193–Senator Schneider

 

February 21, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to coverage of industrial insurance for certain employees and compensation for permanent total disability for certain claimants and dependents of claimants. (BDR 53‑782)

 

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.

 

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; providing for a one-time payment to certain claimants and dependents of claimants who are receiving compensation for a permanent total disability; 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.  Except as otherwise provided in this subsection and

1-10  subsection 1 of NRS 616A.265, any injury sustained by a member

1-11  of the Nevada Legislature shall be deemed to have arisen out of

2-1  and in the course of his employment as a Legislator if, at the time

2-2  of the injury, he was performing any act or was engaging in any

2-3  event that was reasonably related to his legislative office or his

2-4  public service as a Legislator, whether or not he was receiving

2-5  remuneration from the State for performing the act or engaging in

2-6  the event at the time of the injury. The provisions of this

2-7  subsection do not apply to any injury sustained by a member of the

2-8  Nevada Legislature if, at the time of the injury, he was performing

2-9  any act or was engaging in any event that was reasonably related

2-10  to a political campaign for any legislative or other elective office.

2-11      Sec. 2.  NRS 616A.265 is hereby amended to read as follows:

2-12      616A.265  1.  “Injury” or “personal injury” means a sudden

2-13  and tangible happening of a traumatic nature, producing an

2-14  immediate or prompt result which is established by medical

2-15  evidence, including injuries to prosthetic devices. [Any] Except as

2-16  otherwise provided in subsection 3, any injury sustained by an

2-17  employee while engaging in an athletic or social event sponsored by

2-18  his employer shall be deemed not to have arisen out of or in the

2-19  course of employment unless the employee received remuneration

2-20  for participation in the event.

2-21      2.  For the purposes of chapters 616A to 616D, inclusive, of

2-22  NRS:

2-23      (a) Coronary thrombosis, coronary occlusion, or any other

2-24  ailment or disorder of the heart, and any death or disability ensuing

2-25  therefrom, shall be deemed not to be an injury by accident sustained

2-26  by an employee arising out of and in the course of his employment.

2-27      (b) The exposure of an employee to a contagious disease while

2-28  providing medical services, including emergency medical care, in

2-29  the course and scope of his employment shall be deemed to be an

2-30  injury by accident sustained by the employee arising out of and in

2-31  the course of his employment.

2-32      (c) Except as otherwise provided in paragraph (d), the exposure

2-33  to a contagious disease of a police officer or a salaried or volunteer

2-34  fireman who was exposed to the contagious disease:

2-35          (1) Upon battery by an offender; or

2-36          (2) While performing the duties of a police officer or

2-37  fireman,

2-38  shall be deemed to be an injury by accident sustained by the police

2-39  officer or fireman arising out of and in the course of his employment

2-40  if the exposure is documented by the creation and maintenance of a

2-41  report concerning the exposure pursuant to paragraph (a) of

2-42  subsection 1 of NRS 616C.052. As used in this paragraph, the term

2-43  “battery” includes, without limitation, the intentional propelling or

2-44  placing, or the causing to be propelled or placed, of any human

2-45  excrement or bodily fluid upon the person of an employee.

3-1  (d) If a police officer or a salaried or volunteer fireman tests

3-2  positive for exposure to tuberculosis under the circumstances

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

3-4  to have sustained an injury by accident arising out of and in the

3-5  course of his employment, unless the insurer can prove by a

3-6  preponderance of the evidence that the exposure was not related to

3-7  the employment of the police officer or fireman.

3-8  3.  Any injury sustained by an employee of a school district

3-9  while engaging in an athletic or social event shall be deemed to

3-10  have arisen out of and in the course of his employment, whether

3-11  or not the employee received remuneration for participation in the

3-12  event, if:

3-13      (a) The event was sponsored by the school district, or the event

3-14  was an extracurricular activity which was sponsored or organized

3-15  by a student class, student group or student organization for an

3-16  educational, recreational or charitable purpose and which was

3-17  reasonably related to the employee’s job with the school district;

3-18      (b) The employee participated in the event at the request of or

3-19  with the concurrence of supervisory personnel, whether the

3-20  request or concurrence was oral or written; and

3-21      (c) The employee participated in the event to enable the event

3-22  to take place or to ensure the safety and well-being of any students

3-23  of the school district.

3-24      Sec. 3.  1.  If a claimant or a dependent of a claimant is

3-25  entitled to receive compensation pursuant to chapters 616A to 617,

3-26  inclusive, of NRS for a permanent total disability for which a final

3-27  determination was made before January 1, 1996, the claimant or

3-28  dependent is entitled to a single payment for that permanent total

3-29  disability in an amount determined by the Administrator pursuant to

3-30  subsection 4.

3-31      2.  As soon as practicable after the effective date of this act, the

3-32  Administrator shall assess each insurer, including each employer

3-33  who provides accident benefits for injured employees pursuant to

3-34  NRS 616C.265, an amount that, as determined by the Administrator,

3-35  is required to obtain a total of $500,000. As soon as practicable after

3-36  determining that amount, the Administrator shall submit to each

3-37  insurer assessed pursuant to this subsection a written notice setting

3-38  forth the amount of the assessment. Within 90 days after receiving

3-39  the written notice, the insurer shall remit the assessment to the

3-40  Administrator. Any money collected by the Administrator from the

3-41  assessment must be accounted for separately by the Administrator.

3-42      3.  An insurer who pays an assessment pursuant to this section

3-43  shall charge and collect from each policyholder of the insurer a fee

3-44  to cover the amount of the assessment. Such a fee is in addition to

3-45  any premium charged to the policyholder for industrial insurance

4-1  and must not be included in the amount of any such premium. The

4-2  insurer shall bill the policyholder separately for the fee or include

4-3  the fee as a separate charge on the policy.

4-4  4.  The Administrator shall adopt regulations establishing a

4-5  method for the equitable distribution of the money collected from

4-6  the assessment pursuant to this section. The regulations must

4-7  provide for payments that result in the largest proportional share of

4-8  the money collected from the assessment being paid to claimants

4-9  and dependents who receive the lowest amount of compensation

4-10  pursuant to chapters 616A to 617, inclusive, of NRS for the

4-11  permanent total disability. The Administrator may adopt any other

4-12  regulations that are necessary to carry out the provisions of this

4-13  section.

4-14      5.  The Administrator shall make the payment required by this

4-15  section to each claimant and dependent who is entitled to the

4-16  payment not later than July 1, 2004. Any payment received by a

4-17  claimant or dependent pursuant to this section is in addition to any

4-18  compensation to which the claimant or dependent is otherwise

4-19  entitled by law.

4-20      6.  If any words and terms used in this section are defined in

4-21  NRS 616A.030 to 616A.360, inclusive, such words and terms must

4-22  be given the meanings ascribed to them in NRS 616A.030 to

4-23  616A.360, inclusive. The provisions of this section must be

4-24  interpreted and enforced by the Administrator as if they were part of

4-25  chapters 616A to 617, inclusive, of NRS.

4-26      Sec. 4.  This act becomes effective upon passage and approval.

 

4-27  H