(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 128-Committee on Government Affairs
(On Behalf of Lander County)
February 3, 1997
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Referred to Committee on Government Affairs
SUMMARY--Revises provisions governing volunteer ambulance drivers and attendants. (BDR 40-557)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to volunteer ambulance services; prohibiting the discharge of a volunteer ambulance driver or attendant from employment as a result of his service as a volunteer ambulance driver or attendant; prohibiting deductions from salaries of county, city, town and state employees for service as a volunteer ambulance driver or attendant; providing for the payment of the registration fees and other related costs for classes taken at the University and Community College System of Nevada by dependent children of volunteer ambulance drivers and attendants killed while engaged as volunteer ambulance drivers and attendants; increasing the wage deemed to be received by volunteer ambulance drivers and attendants for purposes of determining benefits for industrial insurance; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person or other entity who is an employer or is vested with the power to discharge or recommend the discharge of a person who serves as a volunteer ambulance driver or attendant shall not deprive the person performing that service of his employment as a consequence of his action as a volunteer ambulance driver or attendant.
2. A person discharged in violation of subsection 1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) Damages equal to the amount of lost wages and benefits; and
(d) Reasonable attorney's fees fixed by the court.
3. Any applicant for employment who is, and any employee who becomes, a volunteer ambulance driver or attendant must disclose that fact to his prospective or present employer.
4. As used in this section, "volunteer ambulance driver or attendant" means a person who is a driver of or attendant on an ambulance owned or operated by:
(a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or
(b) A political subdivision of this state.
Sec. 2 NRS 245.055 is hereby amended to read as follows:
245.055 1. All county employees [shall] must be paid their salaries as fixed by law, ordinance or resolution without diminution on account of any time spent away from county employment while acting as [volunteer] :
(a) Volunteer firemen of any regular organized and recognized fire department in the protection of life or property ; or
(b) Volunteer ambulance drivers or attendants;
during working hours or fractions thereof which should otherwise have been devoted to county employment.
2. As used in this section, "volunteer ambulance driver or attendant" means a person who is a driver of or attendant on an ambulance owned or operated by:
(a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or
(b) A political subdivision of this state.
Sec. 3 NRS 268.404 is hereby amended to read as follows:
268.404 1. All employees of incorporated cities which have been organized [either under] pursuant to general law or [by] special charter [shall] must be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from city employment while acting as [volunteer] :
(a) Volunteer firemen of any regular organized and recognized fire department in the protection of life or property ; or
(b) Volunteer ambulance drivers or attendants,
during working hours or fractions thereof which should otherwise have been devoted to city employment.
2. As used in this section, "volunteer ambulance driver or attendant" means a person who is a driver of or attendant on an ambulance owned or operated by:
(a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or
(b) A political subdivision of this state.
Sec. 4 NRS 269.082 is hereby amended to read as follows:
269.082 1. All employees of unincorporated towns [shall] must be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from [such] town employment while acting as [volunteer] :
(a) Volunteer firemen of any regular organized and recognized fire department in the protection of life or property ; or
(b) Volunteer ambulance drivers or attendants,
during working hours or fractions thereof which should otherwise have been devoted to town employment.
2. As used in this section, "volunteer ambulance driver or attendant" means a person who is a driver of or attendant on an ambulance owned or operated by:
(a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or
(b) A political subdivision of this state.
Sec. 5 NRS 284.357 is hereby amended to read as follows:
284.357 1. All employees, whether in the classified or in the unclassified service of the State of Nevada, must be paid their salaries as fixed by law without diminution on account of any time spent away from state employment while acting as:
[1.] (a) Volunteer firemen of any regular organized and recognized fire department in the protection of life or property;
[2.] (b) Volunteer emergency medical technicians certified pursuant to chapter 450B of NRS; [or
3.] (c) Volunteer reserve members of a police department or a sheriff's office [,] ; or
(d) Volunteer ambulance drivers or attendants,
during working hours or fractions thereof which should otherwise have been devoted to state employment.
2. As used in this section, "volunteer ambulance driver or attendant" means a person who is a driver of or attendant on an ambulance owned or operated by:
(a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or
(b) A political subdivision of this state.
Sec. 6 NRS 396.545 is hereby amended to read as follows:
396.545 1. To the extent of legislative appropriation, the board of regents shall pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by a dependent child of [a] :
(a) A police officer, fireman or officer of the Nevada highway patrol who was killed in the line of duty ; or
(b) A volunteer ambulance driver or attendant who was killed while engaged as a volunteer ambulance driver or attendant,
for classes taken towards satisfying the requirements of an undergraduate degree at a school within the University and Community College System of Nevada. No such payment may be made for any fee assessed after the child reaches the age of 23 years.
2. There is hereby created in the state treasury a trust fund for the education of dependent children. The board of regents shall administer the trust fund. The board of regents may accept gifts and grants for deposit in the trust fund. All money held by the state treasurer or received by the board of regents for that purpose must be deposited in the trust fund. The money in the trust fund must be invested as the money in other state funds is invested. After deducting all applicable charges, all interest and income earned on the money in the trust fund must be credited to the trust fund.
3. As used in this section:
(a) "Fireman" means a person who is a salaried employee or volunteer member of a fire prevention or suppression unit organized by a local government and whose principal duty is to control and extinguish fires.
(b) "Local government" means a county, city, unincorporated town or metropolitan police department.
(c) "Police officer" means a person who is a salaried employee of a police department or other law enforcement agency organized or operated by a local government and whose principal duty is to enforce the law.
(d) "Volunteer ambulance driver or attendant" means a person who is a driver of or attendant on an ambulance owned or operated by:
(1) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or
(2) A political subdivision of this state.
Sec. 7 NRS 616A.155 is hereby amended to read as follows:
616A.155 [Members] A member of a nonprofit service [organizations and clubs,] organization or club, while engaged in rendering volunteer ambulance service in any county, city or town, shall be deemed [,] for the purpose of chapters 616A to 616D, inclusive, of NRS, [employees of such organizations or clubs,] an employee of the organization or club, at a wage of [$300] $2,000 per month, and [shall be] is entitled to the benefits of those chapters [upon such organizations or clubs complying] if the organization or club complies therewith.
Sec. 8 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 9 The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 10 This act becomes effective upon passage and approval.