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- 83rd Session (2025)
Assembly Bill No. 281–Committee
on Government Affairs
CHAPTER..........
AN ACT relating to the state militia; clarifying for purposes of
industrial insurance that a member of the state militia is on
state active duty for 24 hours a day while on state active duty;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes that the militia of the State is composed of the Nevada
National Guard and, when called into active service by the Governor, reservists to
the Nevada National Guard and any volunteer military organizations licensed by
the Governor. (NRS 412.026) Existing law entitles, with certain exceptions, any
member of the militia of the State or his or her dependents to certain compensation
pursuant to the Nevada Industrial Insurance Act or the Nevada Occupational
Diseases Act if the member is wounded, injured, disabled or killed while in the line
of duty in the service of the State. (NRS 412.142) Existing law further requires that
certain compensation and benefits: (1) must be determined based on the member’s
average income from all sources during the year immediately preceding his or her
injury or death or the commencement of his or her disability; and (2) must not
exceed the maximum amount prescribed by the Nevada Industrial Insurance Act or
the Nevada Occupational Diseases Act. (NRS 412.142) Sections 1 and 2 of this bill
clarify that for purposes of industrial insurance a mem ber of the militia of the State
who is on state active duty is on state active duty 24 hours a day for each day of
state active duty.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 412.142 is hereby amended to read as follows:
412.142 1. Except as otherwise provided in subsection [2:] 3:
(a) In all cases in which any member of the militia of the State is
wounded, injured, disabled or killed while [in the line of ] on state
active duty [in the service of the State, ] or if that wound, injury or
disability is aggravated or recurs while the member is on state
active duty, the member or the dependents of the member are
entitled to receive compensation from the State of Nevada , in
accordance with the provisions of chapters 616A to 616D, inclusive,
or chapter 617 of NRS. If that wound, injury or disability is
aggravated or recurs while the member is in the line of duty in the
service of the State, the member or the member’s dependent s are
also entitled to receive such compensation.
(b) In all cases, the member who has a disability or is deceased
shall be deemed to be an employee of the State of Nevada. The
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- 83rd Session (2025)
compensation to be awarded to the member or to the dependents of
the member mu st be determined upon the basis of the member’s
average income from all sources during the year immediately
preceding the date of his or her injury or death or the
commencement of his or her disability, but the compensation must
not exceed the maximum pres cribed in chapters 616A to 616D,
inclusive, or chapter 617 of NRS.
2. For the purposes of subsection 1, a member of the militia
of the State who is on state active duty shall be deemed to be on
state active duty 24 hours a day for each day of state active duty.
3. The provisions of this section do not apply to a member of
the militia of the State or any dependents of the member who is
receiving or is entitled to receive compensation or benefits for an
injury, wound, illness, disability or death describ ed in this section
pursuant to any law or regulation of the Federal Government, if:
(a) The federal compensation or benefits arise from military
duties performed pursuant to Title 10 or Title 32 of the United
States Code; and
(b) The wound, injury, illness or disability is not an aggravation
or recurrence of a wound, injury, illness or disability that arose from
previous duties performed pursuant to Title 10 or Title 32 of the
United States Code.
Sec. 2. Chapter 616A of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Any member of the Nevada National Guard shall be
deemed an employee of the State of Nevada for purposes of
chapters 616A to 616D , inclusive, of NRS while on state active
duty.
2. For the purposes of subsection 1, a member of the Nevada
National Guard shall be deemed to be on state active duty 24
hours a day for each day of state active duty.
Sec. 3. NRS 616A.025 is hereby amended to read as follows:
616A.025 As used in chapters 616A to 616D, inclu sive, of
NRS, unless the context otherwise requires, the words and terms
defined in NRS 616A.030 to 616A.360, inclusive, and section 2 of
this act, have the meanings ascribed to them in those sections.
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