Revises provisions relating to the state militia. (BDR 36-398)
Summary
AB 281 revises Nevada law governing the state militia, with a focus on workers’ compensation coverage for members of the Nevada National Guard and other militia members when they are serving on state active duty. The bill clarifies that, for purposes of industrial insurance, a militia member on state active duty is considered to be on that duty 24 hours a day for each day of service. It also states that a National Guard member on state active duty is deemed an employee of the State of Nevada for purposes of the state industrial insurance laws.
The measure amends NRS 412.142 and related industrial insurance provisions to ensure that injuries, disabilities, deaths, or aggravations/recurrences of those conditions occurring while on state active duty are covered under Nevada’s workers’ compensation framework, subject to existing limits and exceptions. It preserves the existing exclusion where federal compensation or benefits apply for duties performed under Title 10 or Title 32 of the U.S. Code, unless the condition is an aggravation or recurrence of a prior qualifying injury or illness.
Impact
AB 281 expands and clarifies the circumstances under which militia members, especially Nevada National Guard members, are treated as state employees for industrial insurance purposes while on state active duty. The bill affects NRS 412.142 and adds a new section to chapter 616A of NRS, tying militia service on state active duty to coverage under chapters 616A to 616D and chapter 617, which govern industrial insurance and occupational disease compensation. It is intended to remove ambiguity about continuous coverage during each day of state active duty and to align compensation eligibility with the full period of service.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the Assembly unanimously 41-0 and the Senate unanimously 21-0, and there were no committee transcript excerpts indicating opposition or significant debate. The voting record suggests consensus that the measure is a technical clarification and benefit-protection bill for state militia members rather than a contested policy change.
Contention
No notable contention is reflected in the available record. The main policy point embedded in the bill is the scope of coverage for injuries and compensation while on state active duty, including the 24-hour-per-day deeming rule and the interaction with federal benefits under Title 10 and Title 32. Any potential concern would likely center on coordination between state and federal compensation systems or the breadth of the 24-hour coverage presumption, but no opposition or dispute is shown in the votes or transcript materials provided.