Senate Bill No. 290–Senator Neal
March 3, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Expands authority of state industrial insurance system to transact insurance in Nevada. (BDR 53-528)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 616A.270 is hereby amended to read as follows: 616A.270 "Insurer" includes:1-3
1. The state industrial insurance system1-4
providing industrial insurance pursuant to the provisions of chapters1-5
616A to 617, inclusive, of NRS;1-6
2. A self-insured employer;1-7
3. An association of self-insured public employers;1-8
4. An association of self-insured private employers; and1-9
5. A private carrier.1-10
Sec. 2. Chapter 616B of NRS is hereby amended by adding thereto a1-11
new section to read as follows:1-12
All premiums, contributions, penalties, bonds, securities and other1-13
property of the system that are attributable to policies of life insurance,1-14
motor vehicle insurance and property insurance that provides coverage1-15
against loss or damage to a home that are issued by the system pursuant1-16
to the provisions of Title 57 of NRS must be:2-1
1. Credited on the records of the system to the fund for the2-2
transaction of insurance, which is hereby created.2-3
2. Held by the manager as custodian thereof for the benefit of the2-4
policyholders who purchase such policies of insurance from the system.2-5
Sec. 3. NRS 616B.050 is hereby amended to read as follows: 616B.050 1. The state industrial insurance system is hereby2-7
established as an independent actuarially funded system to2-8
(a) Insure employers against liability for injuries and occupational2-9
diseases for which their employees may be entitled to receive compensation2-10
pursuant to chapters 616A to 616D, inclusive, of NRS or chapter 617 of2-11
NRS, and the federal2-12
Compensation Act.2-13
(b) Transact in this state life insurance, motor vehicle insurance or2-14
property insurance that provides coverage against loss or damage to a2-15
home, or any combination thereof authorized by the provisions of Title2-16
57 of NRS.2-17
2. The system may create one or more entities to carry out the business2-18
of the system, which may be operated under any legal name in addition to2-19
the state industrial insurance system on behalf of the system.2-20
2-21
supported by the state insurance fund2-22
of insurance. The executive and legislative departments of the state2-23
government shall regularly review the system.2-24
2-25
provided to state agencies. Except as otherwise provided for specified2-26
positions, its employees are in the classified service of the state.2-27
Sec. 4. NRS 616B.083 is hereby amended to read as follows: 616B.083 1. The money and assets held in trust by the system2-29
include:2-30
(a) All premiums and other money paid to the system2-31
chapters 616A to 617, inclusive, of NRS;2-32
(b) All property and securities acquired through the use of money in the2-33
state insurance fund; and2-34
(c) All interest and dividends earned upon money in the state insurance2-35
fund and deposited or invested as provided in chapters 616A to 616D,2-36
inclusive, of NRS.2-37
2.2-38
shall:2-39
(a) Report to the commissioner only its financial statement and results of2-40
operations for the account for current claims in accordance with those2-41
accounting principles that are prescribed by the commissioner and applied2-42
to other insurers providing coverage for workers’ compensation.3-1
(b) Discount its reserve for losses for industrial insurance for3-2
accounting periods beginning on or after July 1, 1995, at a rate determined3-3
by the manager, but not to exceed 4 percent.3-4
(c) Allocate to the account for the administration of extended claims3-5
created pursuant to NRS 616B.087 $650,000,000 in invested assets.3-6
Sec. 5. NRS 616B.089 is hereby amended to read as follows: 616B.089 The State of Nevada is not liable for the payment of any3-8
compensation or any salaries or expenses3-9
1. In the administration of chapters 616A to 616D, inclusive, of NRS3-10
3-11
2. Required to be paid by the system pursuant to the provisions of3-12
Title 57 of NRS,3-13
but is responsible for the safety and preservation of the state insurance3-14
fund.3-15
Sec. 6. NRS 616B.179 is hereby amended to read as follows: 616B.179 The system may:3-17
1. Pursuant to the provisions of chapters 616A to 617, inclusive, of3-18
NRS:3-19
(a) Insure an employer against liability for workers’ compensation and3-20
other liability that the employer may have because of bodily injury or3-21
occupational disease to his employee arising out of and in the course of3-22
employment, to the same degree as any other insurer;3-23
3-24
damages under the3-25
or any extension of that Act, to the same degree as any other insurer;3-26
3-27
compensation; and3-28
3-29
2. Pursuant to the provisions of Title 57 of NRS, transact in this state3-30
life insurance, motor vehicle insurance or property insurance that3-31
provides coverage against loss or damage to a home, or any combination3-32
thereof authorized by the provisions of that Title.3-33
Sec. 7. NRS 679A.100 is hereby amended to read as follows: 679A.100 "Insurer" includes3-35
1. Every person engaged as principal and as indemnitor, surety or3-36
contractor in the business of entering into contracts of insurance3-37
2. The state industrial insurance system for the limited purpose of3-38
transacting in this state life insurance, motor vehicle insurance, or3-39
property insurance that provides coverage against loss or damage to a3-40
home, or any combination thereof authorized by the provisions of this3-41
Title.4-1
Sec. 8. NRS 680A.080 is hereby amended to read as follows: 680A.080 To qualify for and hold authority to transact insurance in this4-3
state, an insurer must be otherwise in compliance with this code and with4-4
its charter powers, and must be an incorporated stock or mutual insurer, or4-5
a reciprocal insurer, of the same general type as may be formed as a4-6
domestic insurer under this code, except that:4-7
1. No foreign insurer may be authorized to transact insurance in this4-8
state which does not maintain reserves as required by chapter 681B of NRS4-9
,4-10
transacted by such insurer, wherever transacted in the United States of4-11
America, or which transacts business anywhere in the United States of4-12
America on the assessment plan, or stipulated premium plan, or any similar4-13
plan.4-14
2. No insurer may be authorized to transact a kind of insurance in this4-15
state unless4-16
state or country of its domicile.4-17
3. No insurer may be authorized to transact in this state any kind of4-18
insurance which is not within the definitions as set forth in NRS 681A.0104-19
to 681A.080, inclusive .4-20
4. No such authority may be granted or continued to any insurer while4-21
in arrears to the state for fees, licenses, taxes, assessments, fines or4-22
penalties accrued on business previously transacted in this state.4-23
5. The state industrial insurance system may be authorized to4-24
transact in this state life insurance, motor vehicle insurance or property4-25
insurance that provides coverage against loss or damage to a home, or4-26
any combination thereof authorized by the provisions of this Title, if the4-27
system is otherwise in compliance with this code.4-28
In addition to the other requirements set forth in this section, an insurer4-29
who proposes to transact in this state insurance that protects a policyholder4-30
from liability arising out of the ownership, maintenance or use of a motor4-31
vehicle must demonstrate to the satisfaction of the department of motor4-32
vehicles and public safety that the insurer is able to comply with the4-33
provisions of NRS 485.314.4-34
Sec. 9. NRS 680A.120 is hereby amended to read as follows: 680A.120 1. Except as otherwise provided in subsections 24-36
5 and 6, to qualify for authority to transact any one kind of insurance as4-37
defined in NRS 681A.010 to 681A.080, inclusive, or combinations of kinds4-38
of insurance as shown below, an insurer4-39
maintain unimpaired paid-in capital stock, if a stock insurer, or unimpaired4-40
basic surplus, if a mutual or a reciprocal insurer, and free surplus not less4-41
than 100 percent of the minimum required capital stock or minimum4-42
required basic surplus, and when first so authorized5-1
initial free surplus, all in amounts not less than as determined from the5-2
following table:5-3
FOREIGN MUTUAL RECIPROCAL5-4
STOCK INSURERS INSURERS INSURERS5-5
Minimum Minimum Minimum5-6
Kind or Required Initial Required Initial Required Initial5-7
Kinds of Capital Free Basic Free Basic Free5-8
Insurance Stock Surplus Surplus Surplus Surplus Surplus5-9
Life 500,000 1,000,000 500,000 1,000,000 N/A N/A5-10
Health,5-11
Property,5-12
Casualty,5-13
Surety,5-14
Marine &5-15
Trans-5-16
porta-5-17
tion5-18
Multiple5-19
line 500,000 1,000,000 500,000 1,000,000 500,000 1,000,0005-20
Title 500,000 750,000 N/A N/A N/A N/A5-21
Financial5-22
Guarantee 10,000,000 40,000,000 N/A N/A N/A N/A5-23
2. At the discretion of the commissioner, a domestic insurer holding a5-24
valid certificate of authority to transact insurance in this state immediately5-25
5-26
continue to be so authorized while possessing the amount of paid-in capital5-27
stock, if a stock insurer, or surplus, if a mutual insurer, required by the laws5-28
of this state for such authority immediately before January 1, 1992, for a5-29
period not to exceed 2 years. On or before January 1, 1994, the insurer5-30
5-31
commissioner shall not grant such an insurer authority to transact any other5-32
or additional kinds of insurance unless it then fully complies with the5-33
requirements as to capital and surplus, as applied to all kinds of insurance5-34
which it then proposes to transact, as provided by this section for like5-35
foreign insurers applying for original certificates of authority pursuant to5-36
this code.5-37
3.5-38
based upon all the kinds of insurance transacted by the insurer in any and5-39
all areas in which it operates or proposes to operate, whether or not only a5-40
portion of such kinds of insurance are to be transacted in this state.6-1
4. As to surplus required for qualification to transact one or more kinds6-2
of insurance and thereafter to be maintained, domestic mutual insurers are6-3
governed by chapter 693A of NRS and domestic reciprocal insurers are6-4
governed by chapter 694B of NRS.6-5
5. An insurer who transacts financial guaranty insurance in this state6-6
6-7
maintain the minimum capital and surplus requirements pursuant to6-8
subsection 1.6-9
6. The commissioner may grant the state industrial insurance system6-10
the authority to transact life insurance, motor vehicle insurance or6-11
property insurance that provides coverage against loss or damage to a6-12
home, or any combination thereof authorized by the provisions of this6-13
Title, if the system maintains a surplus of a kind and in an amount6-14
required by the commissioner.6-15
Sec. 10. NRS 680A.140 is hereby amended to read as follows: 680A.140 1.6-17
the commissioner shall not authorize an insurer to transact insurance in this6-18
state, other than an alien insurer or a title insurer, unless it makes and6-19
thereafter continuously maintains on deposit in this state, through the6-20
commissioner, cash or securities eligible for such deposit under the laws of6-21
this state of a fair market value not less than its minimum required capital6-22
stock ,6-23
mutual or reciprocal insurer ,6-24
policyholders or of its policyholders and creditors in the United States of6-25
America. The commissioner may adopt regulations which allow the use of6-26
securities as a deposit without delivery of the securities to the6-27
commissioner.6-28
2. The commissioner shall not authorize the state industrial6-29
insurance system to transact in this state life insurance, motor vehicle6-30
insurance or property insurance that provides coverage against loss or6-31
damage to a home, or any combination thereof authorized by the6-32
provisions of this Title, unless it makes and thereafter continuously6-33
maintains on deposit in this state, through the commissioner, securities6-34
or other assets eligible for such deposit under the laws of this state in an6-35
amount required by the commissioner, for the protection of the system’s6-36
policyholders or of its policyholders and creditors in the United States.6-37
The amount so required must be based on the assets of the system6-38
attributable to the transaction in this state of such kinds of insurance. As6-39
used in this subsection, the term "policyholders" does not include a6-40
policyholder to whom the system issues a policy of industrial insurance6-41
pursuant to the provisions of chapters 616A to 617, inclusive, of NRS.6-42
3. The commissioner shall not so authorize a title insurer unless it so6-43
deposits and maintains such cash or securities of fair market value not less7-1
than its minimum required capital stock as a guaranty fund for the security7-2
and protection of the holders of, or beneficiaries under, the title insurance7-3
contracts issued by the insurer.7-4
7-5
it so makes and thereafter continuously maintains such a deposit,7-6
representing money in excess of all the insurer’s liabilities under insurance7-7
contracts in force in the United States of America, of a fair market value of7-8
not less than that required under subsection 1, as to a like foreign insurer.7-9
The deposit must be held in trust for the protection of all the insurer’s7-10
policyholders, or policyholders and creditors, in the United States of7-11
America.7-12
7-13
commissioner shall accept the certificate in proper form of the public7-14
officer having general supervision of insurers in any other state to the effect7-15
that a deposit of like quality and amount, or part thereof, by an insurer is7-16
being maintained for like purposes in public custody or control pursuant to7-17
the laws of that state, if the commissioner is satisfied as to the like quality7-18
and amount of the deposit.7-19
7-20
provisions of chapter 682B of NRS.7-21
Sec. 11. NRS 681B.020 is hereby amended to read as follows: 681B.020 In addition to assets impliedly excluded by the provisions of7-23
NRS 681B.010, the following expressly7-24
assets in any determination of the financial condition of an insurer:7-25
1. Goodwill, trade names and other like intangible assets.7-26
2. Advances to officers ,7-27
secured or not, and advances to employees, agents and other persons on7-28
personal security only.7-29
3. Stock of such insurer, owned by it, or any equity therein or loans7-30
secured thereby, or any proportionate interest in such stock acquired or7-31
held through the ownership by such insurer of an interest in another firm,7-32
corporation or business unit.7-33
4. Furniture, fixtures, furnishings, safes, vehicles, libraries, stationery,7-34
literature and supplies ,7-35
accounting systems authorized under subsection 13 of NRS 681B.010 ,7-36
except:7-37
(a) In the case of title insurers , such materials and plants as the insurer7-38
is expressly authorized to invest in under NRS 682A.220; and7-39
(b) In the case of any insurer, such personal property as the insurer is7-40
permitted to hold pursuant to chapter 682A of NRS ,7-41
which is reasonably necessary for the maintenance and operation of real7-42
property lawfully acquired and held by the insurer other than real property7-43
used by it for home office, branch office and similar purposes.8-1
5. The amount, if any, by which the aggregate book value of8-2
investments as carried in the ledger assets of the insurer exceeds the8-3
aggregate value thereof as determined under this code.8-4
6. In the case of the state industrial insurance system, the money and8-5
assets held in trust by the system pursuant to NRS 616B.083.8-6
Sec. 12. NRS 682A.010 is hereby amended to read as follows: 682A.010 This chapter, with the exception of NRS 682A.290, applies8-8
only to8-9
1. Domestic insurers.8-10
2. The assets of the state industrial insurance system that are8-11
attributable to the transaction in this state of life insurance, motor8-12
vehicle insurance or property insurance that provides coverage against8-13
loss or damage to a home, or any combination thereof authorized by the8-14
provisions of this Title.~