Senate Amendment to Senate Bill No. 38 (BDR 53-379)
Proposed by: Committee on Commerce and Labor
Amendment Box: Replaces Amendment No. 106.
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 the bill as a whole by renumbering sections 1 through 4 as sections 2 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 616A.465 is hereby amended to read as follows:
616A.465 1. Except as otherwise provided in this section, the division shall:
(a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS;
(b) Investigate insurers regarding compliance with statutes and the division’s regulations
(c) Determine whether an employee leasing company is entitled to a certificate of registration pursuant to NRS 616B.673; and
(d) Regulate employee leasing companies pursuant to the provisions of NRS 616B.670 to 616B.697, inclusive.
2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying:
(a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;
(b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive; and
(c) Third-party administrators pursuant to chapter 683A of NRS.
3. The department of administration is responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The administrator is responsible for administrative appeals pursuant to NRS 616B.215.
4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.
5. The division is responsible for the investigation of complaints. If a complaint is filed with the division, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.
6. As used in this section, "employee leasing company" has the meaning ascribed to it in NRS 616B.670.".
Amend sec. 3, page 2, line 27, by deleting:
"
a private carrier" and inserting:"
the system and private carriers".Amend sec. 3, page 2, line 33, after "
which" by inserting:"
the system or".Amend sec. 3, page 2, by deleting line 38 and inserting:
"
(2) Other than the payment of premiums by the organization or association, the organization or association and each of its members are not".Amend the bill as a whole by renumbering sections 5 through 7 as sections 12 through 14 and adding new sections designated sections 6 through 11, following sec. 4, to read as follows:
"Sec. 6. NRS 616B.670 is hereby amended to read as follows:
616B.670 As used in NRS 616B.670 to 616B.697, inclusive, unless the context otherwise requires:
1. "Applicant" means a person seeking a certificate of
2. "Client company" means a company which leases employees, for a fee, from an employee leasing company pursuant to a written or oral agreement.
3. "Employee leasing company" means a company which, pursuant to a written or oral agreement:
(a) Places any of the regular, full-time employees of a client company on its payroll and, for a fee, leases them to the client company on a regular basis without any limitation on the duration of their employment; or
(b) Leases to a client company:
(1) Five or more part-time or full-time employees; or
(2) Ten percent or more of the total number of employees within a classification of risk established by the
Sec. 7.
NRS 616B.673 is hereby amended to read as follows: 616B.673 1. A person shall not operate an employee leasing company in this state unless he has complied with the provisions of NRS 616B.670 to 616B.697, inclusive. The [manager] administrator shall issue a certificate of [insurance] registration to each applicant who complies with the provisions of NRS 616B.670 to 616B.697, inclusive.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3. Each certificate of [insurance] registration issued by the [manager] administrator pursuant to NRS 616B.670 to 616B.697, inclusive, expires 1 year after it is issued unless renewed before that date.
Sec. 8. NRS 616B.676 is hereby amended to read as follows:
616B.676 An applicant for the issuance or renewal of a certificate of [insurance] registration must submit to the [manager] administrator a written application upon a form provided by the [manager.] administrator.
Sec. 9. NRS 616B.679 is hereby amended to read as follows:
616B.679 1. Each application must include:
(a) The applicant’s name and title of his position with the employee leasing company.
(b) The applicant’s age, place of birth and social security number.
(c) The applicant’s address.
(d) The business address of the employee leasing company.
(e) The business address of the resident agent of the employee leasing company, if the applicant is not the resident agent.
(f) If the applicant is a:
(1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.
(2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.
(g) Proof of:
(1) The payment of any taxes required by chapter 364A of NRS.
(2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS.
(3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.
(4) Insurance coverage for any benefit plan from an insurer authorized pursuant to Title 57 of NRS that is offered by the employee leasing company to its employees.
(h) Any other information the
2. Each application must be notarized and signed under penalty of perjury:
(a) If the applicant is a sole proprietorship, by the sole proprietor.
(b) If the applicant is a partnership, by each partner.
(c) If the applicant is a corporation, by each officer of the corporation.
3. An applicant shall submit to the
4. If an insurer cancels an
employee leasing company’s policy, theSec. 10.
NRS 616B.694 is hereby amended to read as follows: 616B.694 The [manager, in cooperation with the administrator of the employment security division of the department of employment, training and rehabilitation, shall, and the commissioner of insurance may,] administrator may adopt regulations to carry out the provisions of NRS 616B.670 to 616B.697, inclusive.
Sec. 11. NRS 616B.697 is hereby amended to read as follows:
616B.697 An action for damages caused by the failure of an employee leasing company to comply with the provisions of NRS 616B.670 to 616B.697, inclusive, may be brought against any person who is required to sign the application for a certificate of [insurance] registration for the employee leasing company.".
Amend sec. 5, page 4, line 1, after "subsection." by inserting:
"The written notice does not create any right to appeal the contents of that notice.".
Amend sec. 7, page 4, line 23, by deleting "section 5" and inserting:
"sections 6 to 12, inclusive,".
Amend sec. 7, page 4, by deleting line 25 and inserting:
"2. Sections 1 to 5, inclusive, and 13 of this act become effective at 12:01 a.m. on".
Amend the title of the bill, sixth line, after "lapse;" by inserting:
"revising the provisions concerning employee leasing companies;".
Amend the summary of the bill, first line, by deleting:
"duties and powers of insurers who provide".