EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 616A.465 is hereby amended to read as follows:

1-2 616A.465 1. Except as otherwise provided in this section, the

1-5 NRS; [and]

2-1 (b) Investigate insurers regarding compliance with statutes and the

2-2 division’s regulations [.] ;

2-3 (c) Determine whether an employee leasing company is entitled to a

2-4 certificate of registration pursuant to NRS 616B.673; and

2-5 (d) Regulate employee leasing companies pursuant to the provisions

2-6 of NRS 616B.670 to 616B.697, inclusive.

2-7 2. The commissioner is responsible for reviewing rates, investigating

2-8 the solvency of insurers, authorizing private carriers pursuant to chapter

2-9 680A of NRS and certifying:

2-10 (a) Self-insured employers pursuant to NRS 616B.300 to 616B.330,

2-11 inclusive, and 616B.336;

2-12 (b) Associations of self-insured public or private employers pursuant to

2-13 NRS 616B.350 to 616B.446, inclusive; and

2-14 (c) Third-party administrators pursuant to chapter 683A of NRS.

2-15 3. The department of administration is responsible for contested claims

2-16 relating to industrial insurance pursuant to NRS 616C.310 to 616C.385,

2-17 inclusive. The administrator is responsible for administrative appeals

2-18 pursuant to NRS 616B.215.

2-19 4. The Nevada attorney for injured workers is responsible for legal

2-20 representation of claimants pursuant to NRS 616A.435 to 616A.460,

2-21 inclusive, and 616D.120.

2-22 5. The division is responsible for the investigation of complaints. If a

2-23 complaint is filed with the division, the administrator shall cause to be

2-24 conducted an investigation which includes a review of relevant records and

2-25 interviews of affected persons. If the administrator determines that a

2-26 violation may have occurred, the administrator shall proceed in accordance

2-27 with the provisions of NRS 616D.120 and 616D.130.

2-28 Sec. 2. Chapter 616B of NRS is hereby amended by adding thereto a

2-33 616A.225, inclusive.

2-34 Sec. 3. NRS 616B.039 is hereby amended to read as follows:

2-35 616B.039 [The] To determine the total amount paid to employees for

2-39 employees by each employer for services performed during a year.]

2-40 Sec. 4. NRS 616B.086 is hereby amended to read as follows:

2-41 616B.086 1. Except as otherwise provided in subsection 3, all

2-42 premiums, contributions, penalties, bonds, securities and all other

3-1 properties received, collected or acquired by the system pursuant to the

3-2 terms of chapters 616A to 616D, inclusive, of NRS:

3-3 (a) Must be credited on the records of the system to the state insurance

3-4 fund.

3-5 (b) Constitute, for the purpose of custody thereof, the state insurance

3-6 fund, which must be held by the manager as custodian thereof for the

3-7 benefit of employees and their dependents within the provisions of chapters

3-8 616A to 616D, inclusive, of NRS. The manager is liable on his official

3-9 bond for the faithful performance of his custodial duty.

3-10 2. The commissioner or the administrator may delegate to a hearing

3-11 officer or panel his authority to take any disciplinary action pursuant to

3-12 NRS 616B.318, 616B.321, 616B.350 to 616B.446, inclusive, 616B.463,

3-13 616B.472 or 616D.120, impose and collect administrative fines pursuant to

3-14 those sections and deposit the money in the fund for workers’

3-15 compensation and safety.

3-16 3. If a hearing officer or panel is not authorized to take disciplinary

3-17 action pursuant to subsection 2 and the commissioner or the administrator

3-18 deposits the money collected from the imposition of administrative fines

3-19 with the state treasurer for credit to the state general fund, he may present a

3-20 claim to the state board of examiners for recommendation to the interim

3-21 finance committee if money is needed to pay attorney’s fees or the costs of

3-22 an investigation, or both.

3-23 Sec. 5. NRS 616B.095 is hereby amended to read as follows:

3-24 616B.095 If the provisions of NRS [616B.218, 616B.224 and

3-34 part thereof.

3-35 Sec. 6. NRS 616B.104 is hereby amended to read as follows:

3-36 616B.104 1. Notwithstanding the provisions of chapter 355 of NRS

3-43 in accordance with the provisions of chapter 355 of NRS.

4-1 Sec. 7. NRS 616B.107 is hereby amended to read as follows:

4-2 616B.107 1. No person engaged in business as a broker or dealer in

4-43 pursuant to this section.

5-1 7. The system may accept due bills from brokers upon delivery of

5-2 warrants if the certificates representing the investments are not readily

5-3 available.

5-4 Sec. 8. NRS 616B.185 is hereby amended to read as follows:

5-5 616B.185 1. Any offender confined at the state prison, while engaged

5-23 industry or work program.

5-24 Sec. 9. NRS 616B.186 is hereby amended to read as follows:

5-25 616B.186 1. Any offender confined in a county jail, city jail or other

5-43 course of their work in a work program.

6-1 4. As used in this section, "administrator of the jail or other detention

6-2 facility" means the sheriff of a county jail, chief of police of a city jail or

6-3 director of a local detention facility.

6-4 Sec. 10. NRS 616B.211 is hereby amended to read as follows:

6-5 616B.211 [In addition to the authority given the manager to determine

6-11 premium rates of those employers pursuant to the plan.

6-12 Sec. 11. NRS 616B.212 is hereby amended to read as follows:

6-13 616B.212 [In addition to the authority given the manager to determine

6-21 commissioner, determine and fix the premium rates of those employers.

6-22 Sec. 12. NRS 616B.224 is hereby amended to read as follows:

6-23 616B.224 1. Every private or public employer who is not a self-

6-42 insurer.

7-1 3.] 2. Failure of any employer to comply with the provisions of this

7-2 section [and NRS 616B.218] operates as a rejection of chapters 616A to

7-3 616D, inclusive, of NRS, effective [at the expiration of the period covered

7-4 by his estimate.] on the date established by the insurer pursuant to

7-5 subsection 1. The insurer shall notify the administrator of each such

7-6 rejection.

7-7 [4. If an audit of the accounts or actual payroll of an employer shows

7-8 that the actual premium earned exceeds the estimated premium paid in

7-9 advance, the insurer may require the payment of money sufficient to cover

7-10 the deficit, together with such amount as in his judgment constitutes an

7-11 adequate advance premium for the period covered by the estimate.

7-12 5.] 3. The insurer shall notify any employer or his representative by

7-13 first-class mail of any failure on his part to comply with the provisions of

7-14 this section. The notice or its omission does not modify or waive the

7-15 requirements or effective rejection of chapters 616A to 616D, inclusive,

7-16 and 617 of NRS as otherwise provided in those chapters.

7-17 [6.] 4. The system may impose a penalty not to exceed 10 percent of

7-18 the premiums which are due for the failure of an employer insured by the

7-19 system to submit the information and premium required in subsection 1

7-20 within the time allowed, unless the employer has applied for and been

7-21 granted an extension of that time by the manager.

7-22 [7.] 5. To the extent permitted by federal law, the insurer shall

7-23 vigorously pursue the collection of premiums that are due under the

7-24 provisions of chapters 616A to 616D, inclusive, and 617 of NRS even if an

7-25 employer’s debts have been discharged in a bankruptcy proceeding.

7-26 6. Every employer insured by the system shall pay its premiums to

7-27 the state insurance fund. All money received by the system pursuant to

7-28 this section must be deposited with the state treasurer to the credit of the

7-29 state insurance fund.

7-30 Sec. 13. NRS 616B.386 is hereby amended to read as follows:

7-31 616B.386 1. If an employer wishes to become a member of an

7-43 (a) Have a tangible net worth of at least $500,000; or

8-1 (b) Have had a reported payroll for the previous 12 months which would

8-2 have resulted in a manual premium of at least $15,000, calculated in

8-3 accordance with a manual prepared pursuant to subsection 4 of NRS

8-4 686B.1765.

8-5 4. An employer who seeks to become a member of the association after

8-6 the 12 months immediately following the formation of the association must

8-7 meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless

8-8 the commissioner adjusts the requirement for membership in the

8-9 association after conducting an annual review of the actuarial solvency of

8-10 the association pursuant to subsection 1 of NRS 616B.353.

8-11 5. An association of self-insured private employers may apply to the

8-12 commissioner for authority to determine the amount of tangible net worth

8-13 and manual premium that an employer must have to become a member of

8-14 the association. The commissioner shall approve the application if the

8-15 association:

8-16 (a) Has been certified to act as an association for at least the 3

8-17 consecutive years immediately preceding the date on which the association

8-18 filed the application with the commissioner;

8-19 (b) Has a combined tangible net worth of all members in the association

8-20 of at least $5,000,000;

8-21 (c) Has at least 15 members; and

8-22 (d) Has not been required to meet informally with the commissioner

8-23 pursuant to subsection 1 of NRS 616B.431 during the 18-month period

8-24 immediately preceding the date on which the association filed the

8-25 application with the commissioner or, if the association has been required

8-26 to attend such a meeting during that period, has not had its certificate

8-27 withdrawn before the date on which the association filed the application.

8-28 6. An association of self-insured private employers may apply to the

8-29 commissioner for authority to determine the documentation demonstrating

8-30 solvency that an employer must provide to become a member of the

8-31 association. The commissioner shall approve the application if the

8-32 association:

8-33 (a) Has been certified to act as an association for at least the 3

8-34 consecutive years immediately preceding the date on which the association

8-35 filed the application with the commissioner;

8-36 (b) Has a combined tangible net worth of all members in the association

8-37 of at least $5,000,000; and

8-38 (c) Has at least 15 members.

8-39 7. The commissioner may withdraw his approval of an application

8-40 submitted pursuant to subsection 5 or 6 if he determines the association has

8-41 ceased to comply with any of the requirements set forth in subsection 5 or

8-42 6, as applicable.

9-1 8. [Except as otherwise provided in NRS 616B.389, a] A member of an

9-2 association may terminate his membership at any time. To terminate his

9-3 membership, a member must submit to the association’s administrator a

9-4 notice of intent to withdraw from the association at least 120 days before

9-5 the effective date of withdrawal. The association’s administrator shall,

9-6 within 10 days after receipt of the notice, notify the commissioner of the

9-7 employer’s intent to withdraw from the association.

9-8 9. The members of an association may cancel the membership of any

9-9 member of the association in accordance with the bylaws of the association.

9-10 10. The association shall:

9-11 (a) Within 30 days after the addition of an employer to the membership

9-12 of the association, notify the commissioner of the addition and:

9-13 (1) If the association has not received authority from the

9-14 commissioner pursuant to subsection 5 or 6, as applicable, provide to the

9-15 commissioner all information and assurances for the new member that were

9-16 required from each of the original members of the association upon its

9-17 organization; or

9-18 (2) If the association has received authority from the commissioner

9-19 pursuant to subsection 5 or 6, as applicable, provide to the commissioner

9-20 evidence that is satisfactory to the commissioner that the new member is a

9-21 member or associate member of the bona fide trade association as required

9-22 pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the

9-23 indemnity agreement that jointly and severally binds the new member, the

9-24 other members of the association and the association that is required to be

9-25 executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and

9-26 any other information the commissioner may reasonably require to

9-27 determine whether the amount of security deposited with the commissioner

9-28 pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is

9-29 sufficient, but such information must not exceed the information required to

9-30 be provided to the commissioner pursuant to subparagraph (1);

9-31 (b) Notify the commissioner and the administrator of the termination or

9-32 cancellation of the membership of any member of the association within 10

9-33 days after the termination or cancellation; and

9-34 (c) At the expense of the member whose membership is terminated or

9-35 canceled, maintain coverage for that member for 30 days after notice is

9-36 given pursuant to paragraph (b), unless the association first receives notice

9-37 from the administrator that the member has:

9-38 (1) Become insured by the system;

9-39 (2) Been certified as a self-insured employer pursuant to NRS

9-40 616B.312;

9-41 (3) Become a member of another association of self-insured public or

9-42 private employers; or

9-43 (4) Become insured by a private carrier.

10-1 11. If a member of an association changes his name or form of

10-2 organization, the member remains liable for any obligations incurred or any

10-3 responsibilities imposed pursuant to chapters 616A to 617, inclusive, of

10-4 NRS under his former name or form of organization.

10-5 12. An association is liable for the payment of any compensation

10-6 required to be paid by a member of the association pursuant to chapters

10-7 616A to 616D, inclusive, or [chapter] 617 of NRS during his period of

10-8 membership. The insolvency or bankruptcy of a member does not relieve

10-9 the association of liability for the payment of the compensation.

10-10 Sec. 14. NRS 616B.407 is hereby amended to read as follows:

10-11 616B.407 1. Except as otherwise provided in subsection 2, the

10-25 years of the member’s individual experience.

10-26 Sec. 15. NRS 616B.463 is hereby amended to read as follows:

10-27 616B.463 1. Before a private carrier may provide industrial

10-40 authorized insurers.

10-41 Sec. 16. NRS 616B.472 is hereby amended to read as follows:

10-42 616B.472 1. The commissioner shall suspend the authorization of a

10-43 private carrier to provide industrial insurance for 1 year if , after a hearing

11-1 thereon, the commissioner finds that the private carrier has intentionally or

11-2 repeatedly failed to comply with the provisions of chapters 616A to 616D,

11-3 inclusive, or [chapter] 617 of NRS or the regulations of the division [.

11-4 2. Before the commissioner suspends the authorization of a private

11-5 carrier, he shall arrange an informal meeting with the private carrier to

11-6 discuss and seek correction of any conduct which would be grounds for

11-7 suspension.

11-8 3. Before the suspension of the authorization, the commissioner shall

11-9 give written notice to the private carrier by certified mail or electronic

11-10 transmission that its authorization will be suspended within 10 days after it

11-11 receives the notice unless, within that time, the private carrier corrects the

11-12 conduct set forth in the notice as the reason for the withdrawal or submits a

11-13 written request for a hearing to the commissioner.

11-14 4. If the private carrier requests a hearing:

11-15 (a) The commissioner shall set a date for a hearing within 20 days after

11-16 receiving the notice of the appeal and shall give the private carrier at least

11-17 10 business days’ notice of the time and place of the hearing.

11-18 (b)] or the commissioner.

11-19 2. A hearing to determine whether the authorization of a private

11-20 carrier to provide industrial insurance will be suspended pursuant to

11-21 subsection 1 must be conducted by the commissioner pursuant to the

11-22 provisions of NRS 679B.310 to 679B.370, inclusive, the regulations

11-23 adopted pursuant thereto and the provisions of chapter 233B of NRS

11-24 concerning adjudication of contested cases. A record of the hearing must

11-25 be kept but it need not be transcribed unless requested by the private

11-26 carrier. The cost of transcription must be charged to the private carrier.

11-27 [5. Within 5 days after the hearing, the commissioner shall affirm or

11-28 deny his order suspending the authorization of the private carrier and notify

11-29 the private carrier by certified mail or electronic transmission of his

11-30 decision.

11-31 6. If the private carrier does not comply with the order of the

11-32 commissioner during the period of suspension of the authorization, the

11-33 commissioner shall file an order prohibiting the private carrier from issuing

11-34 new policies until the order has expired. A copy of the order must be sent

11-35 by certified mail or electronic transmission to the private carrier.]

11-36 Sec. 17. NRS 616B.612 is hereby amended to read as follows:

11-37 616B.612 1. Every employer within the provisions of chapters 616A

11-42 employee arising out of and in the course of the employment.

12-1 2. Travel for which an employee receives wages shall, for the purposes

12-2 of chapters 616A to 616D, inclusive, of NRS, be deemed in the course of

12-3 employment.

12-4 3. In such cases the employer or any insurer of the employer is relieved

12-5 from other liability for recovery of damages or other compensation for

12-6 those personal injuries unless otherwise provided by the terms of chapters

12-7 616A to 616D, inclusive, of NRS.

12-8 Sec. 18. NRS 616B.624 is hereby amended to read as follows:

12-9 616B.624 1. If a quasi-public or private corporation or a limited-

12-43 who do not receive pay for services performed as officers or employees of

13-1 the corporation may rescind that rejection by filing written notice thereof

13-2 with the corporation and the insurer. The rescission is effective upon

13-3 receipt of the notice by the insurer. If an officer of a nonprofit corporation

13-4 which has rejected coverage receives pay for services performed as an

13-5 officer or employee of the corporation, the corporation shall be deemed to

13-6 have rescinded that rejection.

13-7 Sec. 19. NRS 616B.670 is hereby amended to read as follows:

13-8 616B.670 As used in NRS 616B.670 to 616B.697, inclusive, unless the

13-24 classification of risk established by the [system.] commissioner.

13-25 Sec. 20. NRS 616B.673 is hereby amended to read as follows:

13-26 616B.673 1. A person shall not operate an employee leasing

13-35 year after it is issued unless renewed before that date.

13-36 Sec. 21. NRS 616B.676 is hereby amended to read as follows:

13-37 616B.676 An applicant for the issuance or renewal of a certificate of

13-39 written application upon a form provided by the [manager.] administrator.

13-40 Sec. 22. NRS 616B.679 is hereby amended to read as follows:

13-41 616B.679 1. Each application must include:

13-43 leasing company.

14-1 (b) The applicant’s age, place of birth and social security number.

14-2 (c) The applicant’s address.

14-3 (d) The business address of the employee leasing company.

14-4 (e) The business address of the resident agent of the employee leasing

14-5 company, if the applicant is not the resident agent.

14-6 (f) If the applicant is a:

14-7 (1) Partnership, the name of the partnership and the name, address,

14-8 age, social security number and title of each partner.

14-9 (2) Corporation, the name of the corporation and the name, address,

14-10 age, social security number and title of each officer of the corporation.

14-11 (g) Proof of:

14-12 (1) The payment of any taxes required by chapter 364A of NRS.

14-13 (2) The payment of any premiums for industrial insurance required by

14-14 chapters 616A to 617, inclusive, of NRS.

14-15 (3) The payment of contributions or payments in lieu of contributions

14-16 required by chapter 612 of NRS.

14-17 (4) Insurance coverage for any benefit plan from an insurer

14-18 authorized pursuant to Title 57 of NRS that is offered by the employee

14-19 leasing company to its employees.

14-20 [(5) Membership in the National Staff Leasing Association, or its

14-21 successor organization.]

14-22 (h) Any other information the [manager] administrator requires.

14-23 2. Each application must be notarized and signed under penalty of

14-24 perjury:

14-25 (a) If the applicant is a sole proprietorship, by the sole proprietor.

14-26 (b) If the applicant is a partnership, by each partner.

14-27 (c) If the applicant is a corporation, by each officer of the corporation.

14-28 3. An applicant shall submit to the [manager] administrator any

14-29 change in the information required by this section within 30 days after the

14-30 change occurs. The [manager] administrator may revoke the certificate of

14-31 [insurance] registration of an employee leasing company which fails to

14-32 comply with the provisions of [this subsection. If the manager revokes the

14-33 certificate of insurance and cancels the] NRS 616B.670 to 616B.697,

14-34 inclusive.

14-35 4. If an insurer cancels an employee leasing company’s policy, the

14-36 [manager] insurer shall immediately notify the administrator [, who shall

14-37 proceed in accordance with the provisions of NRS 616D.110.] in writing.

14-38 The notice must comply with the provisions of NRS 687B.310 to

14-39 687B.355, inclusive, and must be served personally on or sent by first-

14-40 class mail or electronic transmission to the administrator.

14-41 Sec. 23. NRS 616B.694 is hereby amended to read as follows:

14-42 616B.694 The [manager, in cooperation with the administrator of the

14-43 employment security division of the department of employment, training

15-1 and rehabilitation, shall, and the commissioner of insurance] administrator

15-2 may, adopt regulations to carry out the provisions of NRS 616B.670 to

15-3 616B.697, inclusive.

15-4 Sec. 24. NRS 616B.697 is hereby amended to read as follows:

15-5 616B.697 An action for damages caused by the failure of an employee

15-9 employee leasing company.

15-10 Sec. 25. NRS 616C.220 is hereby amended to read as follows:

15-11 616C.220 1. The division shall designate one:

15-42 civil action in district court.

16-1 (b) In any civil action brought against the employer, is not required to

16-2 prove that negligent conduct by the employer was the cause of the

16-3 employee’s injury.

16-4 (c) May enter into a contract with any person to assist in the collection

16-5 of any liability of an uninsured employer.

16-6 (d) In lieu of a civil action, may enter into an agreement or settlement

16-7 regarding the collection of any liability of an uninsured employer.

16-8 [6.] 7. The division shall:

16-9 (a) Determine whether the employer was insured within 30 days after

16-10 receiving notice of the claim from the employee.

16-11 (b) Assign the claim to the [system] third-party administrator or

16-12 insurer designated pursuant to subsection 1 for administration [of the

16-13 claim, payment of benefits and reimbursement of costs of administration

16-14 and benefits paid to the system. Upon determining that a claim is invalid,

16-15 the system] and payment of compensation.

16-16 Upon determining whether the claim is accepted or denied, the

16-17 designated third-party administrator or insurer shall notify the [claimant,]

16-18 injured employee, the named employer and the division [that the claim will

16-19 not be assigned for benefits from the uninsured employers’ claim fund.

16-20 7.] of its determination.

16-21 (c) Upon demonstration of the:

16-22 (1) Costs incurred by the designated third-party administrator or

16-23 insurer to administer the claim or pay compensation to the injured

16-24 employee; or

16-25 (2) Amount that the designated third-party administrator or insurer

16-26 will pay for administrative expenses or compensation to the injured

16-27 employee and that such amounts are justified by the circumstances of the

16-28 claim,

16-29 the division shall authorize payment from the uninsured employers’

16-30 claim fund.

16-31 8. Any party aggrieved by a [decision] determination regarding the

16-32 administration of an assigned claim or a [decision] determination made by

16-33 the division or by the [system] designated third-party administrator or

16-34 insurer regarding any claim made pursuant to this section may appeal that

16-35 [decision] determination within 60 days after the [decision] determination

16-36 is rendered to the hearings division of the department of administration in

16-37 the manner provided by NRS 616C.305 and 616C.315 to 616C.385,

16-38 inclusive.

16-39 [8.] 9. All insurers shall bear a proportionate amount of a claim made

16-40 pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a

16-41 proportionate amount of any collection made pursuant to this section as an

16-42 offset against future liabilities.

17-1 [9.] 10. An uninsured employer is liable for the interest on any amount

17-2 paid on his claims from the uninsured employers’ claim fund. The interest

17-3 must be calculated at a rate equal to the prime rate at the largest bank in

17-4 Nevada, as ascertained by the commissioner of financial institutions, on

17-5 January 1 or July 1, as the case may be, immediately preceding the date of

17-6 the claim, plus 3 percent, compounded monthly, from the date the claim is

17-7 paid from the fund until payment is received by the division from the

17-8 employer.

17-9 [10.] 11. Attorney’s fees recoverable by the division pursuant to this

17-10 section must be:

17-11 (a) If a private attorney is retained by the division, paid at the usual and

17-12 customary rate for that attorney.

17-13 (b) If the attorney is an employee of the division, paid at the rate

17-14 established by regulations adopted by the division.

17-15 Any money collected must be deposited to the uninsured employers’ claim

17-16 fund.

17-17 [11.] 12. In addition to any other liabilities provided for in this section,

17-18 the administrator may impose an administrative fine of not more than

17-19 $10,000 against an employer if the employer fails to provide mandatory

17-20 coverage required by the provisions of chapters 616A to 616D, inclusive,

17-21 of NRS.

17-22 Sec. 26. NRS 616C.355 is hereby amended to read as follows:

17-23 616C.355 At any time 10 or more days before a scheduled hearing

17-34 manager’s] or the administrator’s designee.

17-35 Sec. 27. NRS 616C.385 is hereby amended to read as follows:

17-36 616C.385 If a party petitions the district court for judicial review of a

17-41 the petitioner.

18-1 Sec. 28. NRS 616D.050 is hereby amended to read as follows:

18-2 616D.050 1. Appeals officers, the administrator [, the manager and

18-33 proceeding.

18-34 Sec. 29. NRS 616D.070 is hereby amended to read as follows:

18-35 616D.070 If any person:

18-43 lawfully interrogated,

19-1 the district judge of the county in which the person resides, on application

19-2 of the appeals officer, the hearing officer, the administrator [, the manager

19-3 or the manager’s] or the administrator’s designee, shall compel obedience

19-4 by attachment proceedings as for contempt, as in the case of disobedience

19-5 of the requirements of subpoenas issued from the court on a refusal to

19-6 testify therein.

19-7 Sec. 30. NRS 616D.080 is hereby amended to read as follows:

19-8 616D.080 1. Each officer who serves a subpoena is entitled to

19-24 subpoenaed or, for good cause shown, upon any other party.

19-25 Sec. 31. NRS 616D.100 is hereby amended to read as follows:

19-26 616D.100 1. A transcribed copy of the evidence and proceedings, or

19-38 upon the payment of the fee required for transcripts in courts of record.

19-39 Sec. 32. NRS 616D.200 is hereby amended to read as follows:

19-40 616D.200 1. If the administrator finds that an employer within the

19-43 inclusive, of NRS or that the employer has provided and secured that

20-1 compensation but has failed to maintain it, he shall make a determination

20-2 thereon and may charge the employer an amount equal to the sum of:

20-3 (a) The premiums that would otherwise have been owed to the system or

20-4 a private carrier pursuant to the terms of chapters 616A to 616D, inclusive,

20-5 of NRS for the period that the employer was doing business in this state

20-6 without providing, securing or maintaining that compensation, but not to

20-7 exceed 6 years; and

20-8 (b) [The actual costs incurred by the system in reinstating the policy, but

20-9 not to exceed 10 percent of the premiums owed by the employer; and

20-10 (c)] Interest at a rate determined pursuant to NRS 17.130 computed

20-11 from the time that the premiums should have been paid.

20-12 The money collected pursuant to this subsection must be paid into the

20-13 uninsured employers’ claim fund.

20-14 2. The administrator shall deliver a copy of his determination to the

20-15 employer. An employer who is aggrieved by the determination of the

20-16 administrator may appeal from the determination pursuant to subsection 2

20-17 of NRS 616D.220.

20-18 3. Any employer within the provisions of NRS 616B.633 who fails to

20-19 provide, secure or maintain compensation as required by the terms of

20-20 chapters 616A to 616D, inclusive, of NRS, is:

20-21 (a) For the first offense, guilty of a misdemeanor.

20-22 (b) For a second or subsequent offense committed within 7 years after

20-23 the previous offense, guilty of a category C felony and shall be punished as

20-24 provided in NRS 193.130.

20-25 Any criminal penalty imposed must be in addition to the amount charged

20-26 pursuant to subsection 1.

20-27 Sec. 33. NRS 616D.210 is hereby amended to read as follows:

20-28 616D.210 1. Any person who:

20-43 insurer have been paid [.] to that insurer.

21-1 3. As used in this section, "business" includes, but is not limited to, a

21-2 firm, sole proprietorship, voluntary association or private corporation.

21-3 Sec. 34. NRS 616D.220 is hereby amended to read as follows:

21-4 616D.220 1. If the administrator finds that any employer or any

21-30 addition to the amount charged pursuant to subsection 1.

21-31 Sec. 35. NRS 617.105 is hereby amended to read as follows:

21-32 617.105 Any real estate licensee doing business in this state and

21-35 $1,500 per month.

21-36 Sec. 36. NRS 617.207 is hereby amended to read as follows:

21-37 617.207 1. If a quasi-public or private corporation or limited-liability

21-42 policy of industrial insurance for the employer is effective and a

22-1 maximum pay of $36,000 per [calendar year.] year the policy of industrial

22-2 insurance is effective.

22-3 (b) Does not receive pay for services performed shall be deemed for the

22-4 purposes of this chapter to receive a minimum pay of $500 per month or

22-5 $6,000 per [calendar year.] year the policy of industrial insurance is

22-6 effective.

22-7 2. An officer or manager who does not receive pay for services

22-8 performed may elect to reject coverage by filing written notice thereof with

22-9 the corporation or company and the insurer. The rejection is effective upon

22-10 receipt of the notice by the insurer.

22-11 3. An officer or manager who has rejected coverage may rescind that

22-12 rejection by filing written notice thereof with the corporation or company

22-13 and the insurer. The rescission is effective upon receipt of the notice by the

22-14 insurer.

22-15 Sec. 37. NRS 617.401 is hereby amended to read as follows:

22-16 617.401 1. The division shall designate one:

23-1 [5.] 6. The division:

23-2 (a) May recover from the employer the payments made by the division

23-3 that are described in subsection [4] 5 and any accrued interest by bringing a

23-4 civil action in district court.

23-5 (b) In any civil action brought against the employer, is not required to

23-6 prove that negligent conduct by the employer was the cause of the

23-7 occupational disease.

23-8 (c) May enter into a contract with any person to assist in the collection

23-9 of any liability of an uninsured employer.

23-10 (d) In lieu of a civil action, may enter into an agreement or settlement

23-11 regarding the collection of any liability of an uninsured employer.

23-12 [6.] 7. The division shall:

23-13 (a) Determine whether the employer was insured within 30 days after

23-14 receiving the claim from the employee.

23-15 (b) Assign the claim to the [system] third-party administrator or

23-16 insurer designated pursuant to subsection 1 for administration [of the

23-17 claim, payment of benefits and reimbursement of costs of administration

23-18 and benefits paid to the system. Upon determining that a claim is invalid,

23-19 the system] and payment of compensation.

23-20 Upon determining whether the claim is accepted or denied, the

23-21 designated third-party administrator or insurer shall notify the [claimant,]

23-22 injured employee, the named employer and the division [that the claim will

23-23 not be assigned for benefits from the uninsured employers’ claim fund.

23-24 7.] of its determination.

23-25 (c) Upon demonstration of the:

23-26 (1) Costs incurred by the designated third-party administrator or

23-27 insurer to administer the claim or pay compensation to the injured

23-28 employee; or

23-29 (2) Amount that the designated third-party administrator or insurer

23-30 will pay for administrative expenses or compensation to the injured

23-31 employee and that such amounts are justified by the circumstances of the

23-32 claim,

23-33 the division shall authorize payment from the uninsured employers’

23-34 claim fund.

23-35 8. Any party aggrieved by a [decision] determination regarding the

23-36 administration of an assigned claim or a [decision] determination made by

23-37 the division or by the [system] designated third-party administrator or

23-38 insurer regarding any claim made pursuant to this section may appeal that

23-39 [decision] determination within 60 days after the [decision] determination

23-40 is rendered to the hearings division of the department of administration in

23-41 the manner provided by NRS 616C.305 and 616C.315 to 616C.385,

23-42 inclusive.

24-1 [8.] 9. All insurers shall bear a proportionate amount of a claim made

24-2 pursuant to this chapter, and are entitled to a proportionate amount of any

24-3 collection made pursuant to this section as an offset against future

24-4 liabilities.

24-5 [9.] 10. An uninsured employer is liable for the interest on any amount

24-6 paid on his claims from the uninsured employers’ claim fund. The interest

24-7 must be calculated at a rate equal to the prime rate at the largest bank in

24-8 Nevada, as ascertained by the commissioner of financial institutions, on

24-9 January 1 or July 1, as the case may be, immediately preceding the date of

24-10 the claim, plus 3 percent, compounded monthly, from the date the claim is

24-11 paid from the fund until payment is received by the division from the

24-12 employer.

24-13 [10.] 11. Attorney’s fees recoverable by the division pursuant to this

24-14 section must be:

24-15 (a) If a private attorney is retained by the division, paid at the usual and

24-16 customary rate for that attorney.

24-17 (b) If the attorney is an employee of the division, paid at the rate

24-18 established by regulations adopted by the division.

24-19 Any money collected must be deposited to the uninsured employers’ claim

24-20 fund.

24-21 [11.] 12. In addition to any other liabilities provided for in this section,

24-22 the administrator may impose an administrative fine of not more than

24-23 $10,000 against an employer if the employer fails to provide mandatory

24-24 coverage required by the provisions of this chapter.

24-25 Sec. 38. NRS 209.189 is hereby amended to read as follows:

24-26 209.189 1. The fund for prison industries is hereby created as an

24-43 deducting any applicable charges, must be credited to the fund.

25-1 5. If money owed to the department for the leasing of space, facilities

25-2 or equipment within the institutions or facilities of the department or for the

25-3 purchase of goods or services, which must be deposited into the fund for

25-4 prison industries pursuant to subsection 1, is not paid on or before the date

25-5 due, the department shall charge and collect, in addition to the money due,

25-6 interest on the money due at the rate of 1.5 percent per month or fraction

25-7 thereof from the date on which the money became due until the date of

25-8 payment.

25-9 Sec. 39. NRS 280.270 is hereby amended to read as follows:

25-10 280.270 The county auditor or comptroller of a county in which a

25-12 616B.224 on behalf of the department.

25-13 Sec. 40. NRS 680A.200 is hereby amended to read as follows:

25-14 680A.200 1. [The] Except as otherwise provided in NRS 616B.472,

25-42 insured to the third person; or

26-1 (2) Without just cause compels insureds or claimants to accept less

26-2 than the amount due them or to employ attorneys or to bring suit against the

26-3 insurer or such an insured to secure full payment or settlement of such

26-4 claims.

26-5 (c) Refuses to be examined, or its directors, officers, employees or

26-6 representatives refuse to submit to examination relative to its affairs, or to

26-7 produce its books, papers, records, contracts, correspondence or other

26-8 documents for examination by the commissioner when required, or refuse

26-9 to perform any legal obligation relative to the examination.

26-10 (d) Except as otherwise provided in NRS 681A.110, has reinsured all its

26-11 risks in their entirety in another insurer.

26-12 (e) Has failed to pay any final judgment rendered against it in this state

26-13 upon any policy, bond, recognizance or undertaking as issued or guaranteed

26-14 by it, within 30 days after the judgment became final or within 30 days after

26-15 dismissal of an appeal before final determination, whichever date is the

26-16 later.

26-17 3. The commissioner may, without advance notice or a hearing

26-18 thereon, immediately suspend the certificate of authority of any insurer as

26-19 to which proceedings for receivership, conservatorship, rehabilitation or

26-20 other delinquency proceedings have been commenced in any state by the

26-21 public officer who supervises insurance for that state.

26-22 4. No proceeding to suspend, limit or revoke a certificate of authority

26-23 pursuant to this section may be maintained unless it is commenced by the

26-24 giving of notice to the insurer within 5 years after the occurrence of the

26-25 charged act or omission. This limitation does not apply if the commissioner

26-26 finds fraudulent or willful evasion of taxes.

26-27 Sec. 41. Section 11 of Senate Bill No. 92 of this session is hereby

26-28 amended to read as follows:

26-29 Sec. 11. NRS 616B.095 is hereby amended to read as follows:

26-30 616B.095 If the provisions of NRS 616B.224 concerning the

26-31 state insurance fund, or the provisions of chapters 616A to 616D,

26-32 inclusive, or chapter 617 of NRS making the compensation to the

26-33 workman provided in those chapters exclusive of any other remedy

26-34 on the part of the workman, [shall be] are held invalid, each of

26-35 those chapters [shall] must be thereby invalidated, except the

26-36 provisions of NRS 616B.101, and an accounting according to the

26-37 justice of the case [shall] must be had on [moneys] money received.

26-38 In other respects an adjudication of invalidity of any part of this

26-39 chapter or chapter 616A, 616C , [or] 616D or 617 of NRS [shall]

26-40 must not affect the validity of any of those chapters as a whole or

26-41 any part thereof.

27-1 Sec. 42. Section 15 of Senate Bill No. 92 of this session is hereby

27-2 amended to read as follows:

27-3 Sec. 15. NRS 616B.224 is hereby amended to read as follows:

27-4 616B.224 1. Every private or public employer who is not a

27-43 to the state insurance fund. All money received by the system

28-1 pursuant to this section must be deposited with the state treasurer to

28-2 the credit of the state insurance fund.

28-3 Sec. 43. Section 41 of Senate Bill No. 92 of this session is hereby

28-4 amended to read as follows:

28-5 Sec. 41. NRS 616D.050 is hereby amended to read as follows:

28-6 616D.050 1. Appeals officers, the administrator and the