Assembly Bill No. 504

Assembly Bill No. 504-Committee on Labor and Management

CHAPTER

566

AN ACT relating to industrial insurance; providing for industrial insurance coverage for pupils and teachers participating in the program to provide pupils with the skills to make the transition from school to work and for students who are performing certain types of volunteer work; revising the provisions governing industrial insurance coverage for a person who is an apprentice; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any:
(a) Teacher who, as part of the program to provide pupils with the skills to make the transition from school to work established pursuant to NRS 388.368, works without pay for an employer other than the school district, university or community college with which the teacher is employed, and is not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that work; or
(b) Pupil who, as part of the program to provide pupils with the skills to make the transition from school to work established pursuant to NRS 388.368, works without pay for an employer,
shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of that employer at the wage of $900 per month. The teacher or pupil is entitled to the benefits of those chapters when the employer complies with the provisions of those chapters and the regulations adopted pursuant thereto.
2. A person who is insured by the system and is deemed to be the employer of a teacher or pupil pursuant to subsection 1 shall:
(a) Report to the insurer the name of the teacher or pupil and the classification of risk assigned for the teacher or pupil; and
(b) Pay the premium for each month or portion thereof for which the teacher or pupil performs work without pay for the employer.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. NRS 616A.025 is hereby amended to read as follows:
616A.025As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 616A.135 is hereby amended to read as follows:
616A.135Persons [other than students] who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that volunteer work, may be deemed by the system, or by a self-insured employer or an employer who is a member of an association of self-insured public or private employers, for the purposes of those chapters, as employees of the public agency at a wage of $100 per month. Such persons are entitled to the benefits of those chapters when the public agency complies with the provisions of those chapters and the regulations adopted under them.
Sec. 6. NRS 616A.215 is hereby amended to read as follows:
616A.215[Any]
1. Except as otherwise provided in subsection 3, any person who is an apprentice shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee [who is receiving] of an apprenticeship committee registered with the state apprenticeship council at a wage of $150 per month [for the purposes of chapters 616A to 616D, inclusive, of NRS. Any injury to the apprentice which occurs in the course of instruction required as a part of his apprenticeship shall be deemed to have occurred in the course of his employment and he is therefore entitled to the benefits of those chapters, if he is not employed elsewhere and] while he is:
[1.] (a) Attending a class for vocational training; or
[2.] (b) Receiving bona fide instruction as an apprentice,
under the direction of [an] the apprenticeship committee . [registered with the state apprenticeship council.] Such an apprentice is entitled to the benefits of chapters 616A to 616D, inclusive.
2. A person who is an apprentice shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of an employer who is participating in a program of training and instruction as an apprentice approved pursuant to chapter 610 of NRS while:
(a) The apprentice is performing work for that employer; and
(b) The employer is paying the apprentice a wage for the work performed.
The apprentice shall be deemed to be an employee at a wage equal to his average monthly wage as determined pursuant to the regulations adopted by the administrator pursuant to NRS 616C.420 and is entitled to the benefits of chapters 616A to 6161D, inclusive, of NRS.
3. If an apprentice who is employed by an employer participating in a program of training and instruction is injured while he is deemed to be an employee of the apprenticeship committee pursuant to subsection 1 and the apprentice is unable to work for an employer participating in the program solely because of that injury, the apprentice shall be deemed to be an employee of the apprenticeship committee at a wage of $150 per month or at his average monthly wage as determined pursuant to the regulations adopted by the administrator pursuant to NRS 616C.420, whichever is greater.
Sec. 7. Section 39 of chapter 580, Statutes of Nevada 1995, at page 2008, is hereby amended to read as follows:

Sec. 39. NRS 616A.135 is hereby amended to read as follows:

616A.135 Persons who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that volunteer work, may be deemed by [the system, or by a self-insured employer or an employer who is a member of an association of self-insured public or private employers,] an insurer, for the purposes of those chapters, as employees of the public agency at a wage of $100 per month. Such persons are entitled to the benefits of those chapters when the public agency complies with the provisions of those chapters and the regulations adopted [under] pursuant to them.

Sec. 8. If the premium for industrial insurance for an apprenticeship committee registered with the state apprenticeship council is increased as a result of the amendatory provisions of section 6 of this act, the apprenticeship committee shall require the employers who are participating in the program to pay the costs of the increased premium:
1. In proportion to the number of apprentices each employer has enrolled in the program; or
2. In such other manner as the apprenticeship committee deems appropriate.
Sec. 9. 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. 10. This act becomes effective upon passage and approval.
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