SB193_EN

Senate Bill No. 193–Senator Schneider

CHAPTER..........

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:

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

follows:

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

inclusive, of NRS:

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

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

employee of the State during his term of office at the wage of

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

2. Except as otherwise provided in this subsection and

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

of the Nevada Legislature shall be deemed to have arisen out of

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

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

event that was reasonably related to his legislative office or his

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

remuneration from the State for performing the act or engaging in

the event at the time of the injury. The provisions of this

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

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

any act or was engaging in any event that was reasonably related

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

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

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

and tangible happening of a traumatic nature, producing an

immediate or prompt result which is established by medical

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

otherwise provided in subsection 3, any injury sustained by an

employee while engaging in an athletic or social event sponsored by

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

course of employment unless the employee received remuneration

for participation in the event.

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

NRS:

(a) Coronary thrombosis, coronary occlusion, or any other

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

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

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

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

providing medical services, including emergency medical care, in

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

injury by accident sustained by the employee arising out of and in

the course of his employment.

to a contagious disease of a police officer or a salaried or volunteer

fireman who was exposed to the contagious disease:

(1) Upon battery by an offender; or

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

fireman,

shall be deemed to be an injury by accident sustained by the police

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

if the exposure is documented by the creation and maintenance of a

report concerning the exposure pursuant to paragraph (a) of

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

“battery” includes, without limitation, the intentional propelling or

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

excrement or bodily fluid upon the person of an employee.

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

positive for exposure to tuberculosis under the circumstances

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

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

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

preponderance of the evidence that the exposure was not related to

the employment of the police officer or fireman.

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

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

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

or not the employee received remuneration for participation in the

event, if:

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

was an extracurricular activity which was sponsored or organized

by a student class, student group or student organization for an

educational, recreational or charitable purpose and which was

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

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

with the concurrence of supervisory personnel, whether the

request or concurrence was oral or written; and

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

of the school district.

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

entitled to receive compensation pursuant to chapters 616A to 617,

inclusive, of NRS for a permanent total disability for which a final

determination was made before January 1, 1996, the claimant or

dependent is entitled to a single payment for that permanent total

disability in an amount determined by the Administrator pursuant to

subsection 4.

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

Administrator shall assess each insurer, including each employer

who provides accident benefits for injured employees pursuant to

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

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

determining that amount, the Administrator shall submit to each

insurer assessed pursuant to this subsection a written notice setting

forth the amount of the assessment. Within 90 days after receiving

the written notice, the insurer shall remit the assessment to the

Administrator. Any money collected by the Administrator from the

assessment must be accounted for separately by the Administrator.

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

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

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

any premium charged to the policyholder for industrial insurance

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

insurer shall bill the policyholder separately for the fee or include

the fee as a separate charge on the policy.

4. The Administrator shall adopt regulations establishing a

method for the equitable distribution of the money collected from

the assessment pursuant to this section. The regulations must

provide for payments that result in the largest proportional share of

the money collected from the assessment being paid to claimants

and dependents who receive the lowest amount of compensation

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

permanent total disability. The Administrator may adopt any other

regulations that are necessary to carry out the provisions of this

section.

5. The Administrator shall make the payment required by this

section to each claimant and dependent who is entitled to the

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

claimant or dependent pursuant to this section is in addition to any

compensation to which the claimant or dependent is otherwise

entitled by law.

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

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

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

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

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

chapters 616A to 617, inclusive, of NRS.

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

²⁰~~~~~⁰³