Amendment vs bill Amendment 555 vs Enrolled

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Assembly Bill No.
Session (82nd) A AB410 R1 555 Amendment No.
410–Assemblymen Jauregui, Yeager, O’Neill and Monroe-Moreno Joint Sponsors:
555 Senate Amendment to Assembly Bill No.
Senators Pazina, Spearman and Stone CHAPTER..........
410 First Reprint (BDR 53-1030) Proposed by:
Senate Committee on Commerce and Labor Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
Yes Digest:
No Adoption of this amendment will MAINTAIN the unfunded mandate not requested by the affected local government to A.B.
410 R1 (§ 1).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
MLS/SES - Date:
5/15/2023 A.B.
No.
410—Revises provisions relating to industrial insurance.
(BDR 53-1030) Page 1 of 5 *A_AB410_R1_555* Senate Amendment No.
555 to Assembly Bill No.
410 First Reprint Page 3 A SSEMBLY BILLN O.
410–SSEMBLYMEN JAUREGUI, YEAGER, O’NEILL AND M ONROE-M ORENO M ARCH 27,2023 _______________ JOINTSPONSORS :
ENATORS PAZINA, PEARMAN AND STONE _______________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to industrial insurance.
(BDR 53-1030) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 1) (NOTR EQUESTED BA FFECTEDLOCALG OVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising the circumstances in which certain employees are authorized to receive compensation under industrial insurance for certain stress- related claims;
revising the circumstances in which certain employees are authorized to receive compensation under industrial insurance for certain stress-related claims;
Under existing law, with certain exceptions, an injury or disease sustained by employee can prove by clear and convincing medical or psychiatric evidence that:he (1) the employee has a mental injury caused by extreme stress in time of danger;
Under existing law, with certain exceptions, an injury or disease sustained by an employee caused by stress is compensable under industrial insurance only if the employee can prove by clear and convincing medical or psychiatric evidence that:
(1) the employee has a mental injury caused by extreme stress in time of danger;
Existing law provides that a first responder may prove by clear and convincing medical or psychiatric evidence that the mental injury was type during the course of his or her employment.
Existing law provides that a first responder may prove by clear and convincing medical or psychiatric evidence that specified type during the course of his or her employment.
Under existing law, an ailment or disorder caused by any gradual mental stimulus or any death or disability ensuing therefrom is not compensable under industrial insurance.
Under existing law, an ailment orin disorder caused by any gradual mental stimulus or any death or disability ensuing therefrom is not compensable under industrial insurance.
(NRS 616C.180) Section 1 of this bill expands the stress-related injuries that may be compensable under industrial insurance under certain circumstances to include a for which the primary cause was witnessing an event or series of events that arosess out of and during the course of employment and involved:
(NRS 616C.180) Section 1 of this bill expands the stress-related injuries that may be compensable under industrial insurance under certain circumstances to include a mental injury which afflicts a first responder and which is caused by extreme stress for which the primary cause was witnessing an event or series of events that arose out of and during the course of employment and involved:
EXPLANATION – Matter in bolded italics is new;
Senate Amendment No.
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matter between brackets [omitted material] is material to be omitted.
555 to Assembly Bill No.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
410 First Reprint Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
[Any] Except as otherwise provided in subsection 4, any ailment or disorder caused by any gradual mental stimulus, and any - 82nd Session (2023) – 2 – injury or disease arising out of and in the course of employment.an 3.
[Any] Except as otherwise provided in subsection 4, any ailment or disorder caused by any gradual mental stimulus, and any death or disability ensuing therefrom, shall be deemed not to be an injury or disease arising out of and in the course of employment.
3.
An injury or disease caused by stress shall be deemed to arise out of and in the course of employment [, and shall not be deemed the result of gradual mental stimulus,] if the employee is a first responder and proves by clear and convincing medical or psy(a) The employee has a mental injury caused by extreme stress due to the employee directly witnessing:
An injury or disease caused by stress shall be deemed to arise out of and in the course of employment [, and shall not be deemed the result of gradual mental stimulus,] if the employee is a first responder and proves by clear and convincing medical or psychiatric evidence that:
(1) The death, or the aftermath of the death, of a person as a result of a violent event, including, without limitation, a homicide, suicide or mass casualty incident;
(a) The employee has a mental injury caused by extreme stress due to the employe(1) The death, or the aftermath of the death, of a person as a result of a violent event, including, without limitation, a homicide, suicide or mass casualty incident;
An injury or disease caused by stress shall be deemed to arise out of and in the course of employment, and shall not be deemed the result of gradual mental stimulus, if the employee is employed by the State or any of its agencies or political subdivisions and proves by clear and convincing medical or psychiatric evidence tha(a) The employee has a mental injury caused by extreme stress due to the employee responding to a mass casualty incident;
An injury or disease caused by stress shall be deemed to arise out of and in the course of employment, and shall not be deemed the result of gradual mental stimulus, if the employee is employed by the State or any of its agencies or political subdivisions and proves by clear and convincing medical or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress due to the employee responding to a mass casualty incident;
An agency which employs a first responder, including, without limitation, a first responder who serves as a volunteer, shall provide educational training to the first responder related to the - 82nd Session (2023) – 3 – awareness, prevention, mitigation and treatment of mental health issues.
An agency which employs a first responder, including, without limitation, a first responder who serves as a volunteer, shall provide educational training to the first responder related to the awareness, prevention, mitigation and treatment of mental health issues.
(a) “Directly witness” means to see or hear for oneself.
8.
As used in this section:
Senate Amendment No.
555 to Assembly Bill No.
410 First Reprint Page 5 (a) “Directly witness” means to see or hear for oneself.
Secs.
Sec.
2 and 3.
2.
3.
(Deleted by amendment.) Sec.
~~~~~ 23 - 82nd Session (2023)