Senate Amendment to Senate Bill No. 133 (BDR 53-384)
Proposed by: Committee on Commerce and Labor
Amendment Box: Replaces Amendment No. 133.
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 7, page 3, line 7, by deleting "19," and inserting "21,".
Amend sec. 8, page 3, line 14, by deleting "
As" and inserting:"
Except as otherwise provided in section 9 of this act, as".Amend the bill as a whole by renumbering sections 9 through 19 as sections 10 through 20 and adding a new section designated sec. 9, following sec. 8, to read as follows:
"Sec. 9.
1. A contractor or subcontractor, other than the principal contractor, who is or will be engaged in the construction of a project that is covered by a consolidated insurance program may elect to obtain his own industrial insurance coverage for his employees who work at the site of the construction project if the contractor or subcontractor can obtain a lower rate for such coverage than the basic premium rate for the consolidated insurance program that is established pursuant to NRS 686B.177.2. If a contractor or subcontractor makes the election described in subsection 1, the employees of the contractor or subcontractor shall not be deemed to be employees of the owner or principal contractor of the construction project pursuant to section 17 of this act.".
Amend sec. 13, page 5, line 28, by deleting "
A" and inserting:"
Except as otherwise provided in subsection 2 of section 16 of this act, a".Amend sec. 13, page 6, line 11, by deleting "
616C.045;" and inserting:"
616C.045 or 617.354;".Amend sec. 15, pages 6 and 7, by deleting lines 39 through 41 on page 6 and lines 1 through 7 on page 7 and inserting:
"Sec. 16.
1. A consolidated insurance program must not provide industrial insurance coverage, a comprehensive program of safety or for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction of the project that is covered by the consolidated insurance program at any time that such an employee does not work at the site of the construction project.2. A consolidated insurance program must not provide industrial insurance coverage or for the administration of claims for industrial insurance for an employee of a contractor or subcontractor if the contractor or subcontractor has elected to obtain his own industrial insurance coverage pursuant to section 9 of this act.
3. A contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program and who has not elected to obtain his own industrial insurance coverage pursuant to section 9 of this act shall".
Amend sec. 15, page 7, line 13, by deleting "
3." and inserting "4.".Amend sec. 15, page 7, line 16, after "
shall " by inserting:"
, unless the contractor or subcontractor has elected to obtain his own industrial insurance coverage pursuant to section 9 of this act,".Amend sec. 16, page 7, line 28, by deleting "
If " and inserting:"
Except as otherwise provided in section 9 of this act, if ".Amend sec. 17, page 8, line 10, by deleting "
19," and inserting "21,".Amend sec. 18, page 8, line 18, by deleting "
11" and inserting "12".Amend sec. 19, page 8, line 25, by deleting "
11" and inserting "12".Amend sec. 19, page 8, line 30, by deleting:
"
12 and 13" and inserting:"
13 and 14".Amend sec. 19, page 8, line 33, by deleting:
"
12 and 13" and inserting:"
13 and 14".Amend sec. 19, page 9, line 6, after "
insureds;" by inserting "and".Amend sec. 19, page 9, by deleting line 12 and inserting:
"
pursuant to sections 13 and 14 of this act.".Amend the bill as a whole by renumbering sections 20 and 21 as sections 22 and 23 and adding a new section designated sec. 21, following sec. 19, to read as follows:
"Sec. 21.
The commissioner may adopt such regulations as the commissioner determines are necessary to carry out the provisions of sections 8 to 21, inclusive, of this act, to the extent that the authority granted pursuant to this section does not duplicate authority granted to the administrator.".Amend sec. 20, page 9, line 21, by deleting "
its" and inserting "his".Amend sec. 21, page 9, line 32, by deleting "
13" and inserting "14".Amend the bill as a whole by renumbering sections 22 and 23 as sections 25 and 26 and adding a new section designated sec. 24, following sec. 21, to read as follows:
"Sec. 24. NRS 617.354 is hereby amended to read as follows:
2. The report must:
(a) Be on a form prescribed by the administrator;
(b) Be signed by the employer or his designee;
(c) Contain specific answers to all questions required by the regulations of the department; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the employee is expected to be off work for 5 days or more.
3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or his designee. The form must be mailed within 7 days after receiving such a request.
4. The administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section.".
Amend sec. 24, page 11, by deleting lines 26 through 29 and inserting:
"Sec. 27. 1. This section and sections 1 to 10, inclusive, and 12 to 26, inclusive, of this act become effective on October 1, 1999.
2. Section 10 of this act expires by limitation on September 30, 2001.
3. Section 11 of this act becomes effective on October 1, 2001.".
Amend the title of the bill, fifth line, before "authorizing" by inserting:
"authorizing a contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program to elect to obtain his own industrial insurance coverage for his employees who work at the site of the construction project in certain circumstances;".