Senate Bill No. 92–Committee on Commerce and Labor

(On Behalf of Legislative Committee on Workers’ Compensation)

February 3, 1999

____________

Referred to Committee on Commerce and Labor

 

SUMMARY—Clarifies applicability of provisions governing occupational diseases to various provisions governing industrial insurance. (BDR 53-1078)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

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).

 

AN ACT relating to industrial insurance; clarifying the applicability of the provisions governing occupational diseases to various provisions governing industrial insurance; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 608.150 is hereby amended to read as follows:

1-2 608.150 1. Every original contractor making or taking any contract in

1-3 this state for the erection, construction, alteration or repair of any building

1-4 or structure, or other work, shall assume and is liable for the indebtedness

1-5 for labor incurred by any subcontractor or any contractors acting under, by

1-6 or for the original contractor in performing any labor, construction or other

1-7 work included in the subject of the original contract, for labor, and for the

1-8 requirements imposed by chapters 616A to 616D, inclusive, and chapter

1-9 617 of NRS.

1-10 2. It is unlawful for any contractor or any other person to fail to comply

1-11 with the provisions of subsection 1, or to attempt to evade the responsibility

1-12 imposed thereby, or to do any other act or thing tending to render nugatory

1-13 the provisions of this section.

1-14 3. The district attorney of any county wherein the defendant may reside

1-15 or be found shall institute civil proceedings against any such original contractor failing to comply 1-16 with the provisions of this section in a civil

1-17 action for the amount of all wages and damage that may be owing or have

2-1 accrued as a result of the failure of any subcontractor acting under the

2-2 original contractor, and any property of the original contractor, not exempt

2-3 by law, is subject to attachment and execution for the payment of any

judgment that may be recovered in any action under the provisions of this

2-4 section.

Sec. 2. NRS 612.530 is hereby amended to read as follows:

2-5 612.530 1. Within 10 days after the decision of the board of review

2-6 has become final, any party aggrieved thereby or the administrator may

secure judicial review thereof by commencing an action in the district court

2-7 of the county wherein the appealed claim or claims were filed against the

administrator for the review of the decision, in which action any other party

2-8 to the proceedings before the board of review must be made a defendant.

2-9 2. In such action, a petition which need not be verified, but which must

state the grounds upon which a review is sought, must be served upon the

2-10 administrator, unless he is the appellant, or upon such person as he may

designate, and such service shall be deemed completed service on all

2-11 parties, but there must be left with the party so served as many copies of the

2-12 petition as there are defendants, and the administrator shall forthwith mail

one such copy to each such defendant.

2-13 3. With his answer or petition, the administrator shall certify and file

with the court originals or true copies of all documents and papers and a

2-14 transcript of all testimony taken in the matter, together with the board of

2-15 review’s findings of fact and decision therein. The administrator may also,

in his discretion, certify to the court questions of law involved in any

2-16 decision.

4. In any judicial proceedings under this section, the finding of the

2-17 board of review as to the facts, if supported by evidence and in the absence

2-18 of fraud, is conclusive, and the jurisdiction of the court is confined to

questions of law.

2-19 5. Such actions, and the questions so certified, must be heard in a

summary manner and must be given precedence over all other civil cases

2-20 except cases arising under chapters 616A to 616D, inclusive, or chapter

2-21 617 of NRS.

6. An appeal may be taken from the decision of the district court to the

2-22 supreme court of Nevada, in the same manner, but not inconsistent with the

provisions of this chapter, as is provided in civil cases.

2-23 7. It is not necessary, in any judicial proceeding under this section, to

2-24 enter exceptions to the rulings of the board of review, and no bond may be

required for entering such appeal.

2-25 8. Upon the final determination of such judicial proceeding, the board

of review shall enter an order in accordance with the determination.

2-26 9. A petition for judicial review does not act as a supersedeas or stay

2-27 unless the board of review so orders.

2-28 Sec. 3. NRS 616A.410 is hereby amended to read as follows:

616A.410 1. The administrator may prosecute, defend and maintain

2-29 actions in the name of the administrator for the enforcement of the

2-30 provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS

and is entitled to all extraordinary writs provided by the constitution of the

2-31 State of Nevada, the statutes of this state and the Nevada Rules of Civil

Procedure in connection therewith for the enforcement thereof.

2-32 2. Verification of any pleading, affidavit or other paper required may

2-33 be made by the administrator.

3. In any action or proceeding or in the prosecution of any appeal by

2-34 the administrator, no bond or undertaking need be furnished by the

administrator.

2-35 Sec. 4. NRS 616A.420 is hereby amended to read as follows:

2-36 616A.420 1. The administrator may enter into agreements or

compacts with appropriate agencies, bureaus, boards or commissions of

2-37 other states concerning matters of mutual interest, extraterritorial problems

in the administration of chapters 616A to 616D, inclusive, or chapter 617

2-38 of NRS, and [for the purpose of eliminating] to eliminate duplicate claims

2-39 or benefits.

2. The insurer may provide liability insurance coverage against any

2-40 risks of double liability on the part of employers subject to chapters 616A

to 616D, inclusive, or chapter 617 of NRS, for the same accident or injury.

2-41 Sec. 5. NRS 616A.475 is hereby amended to read as follows:

2-42 616A.475 1. Every employer insured by the system shall furnish the

system or the administrator, upon request, all information required to carry

2-43 out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of

NRS. The administrator, or any person employed by the administrator for

2-44 that purpose, may examine, under oath, any employer or officer, agent or

2-45 employee thereof.

2. Every self-insured employer, association of self-insured public or

2-46 private employers or private carrier shall furnish to the administrator, upon

request, all information required to carry out the purposes of chapters 616A

2-47 to 616D, inclusive, or chapter 617 of NRS. The administrator or any

2-48 person employed by him for that purpose, may examine, under oath, any

employer or officer, agent or employee thereof.

2-49 3. Every insured employer shall keep on hand constantly a sufficient

supply of blank forms furnished by the insurer.

2-50 Sec. 6. NRS 616B.012 is hereby amended to read as follows:

2-51 616B.012 1. Except as otherwise provided in this section and in NRS

616B.015, 616B.021 and 616C.205, information obtained from any insurer,

2-52 employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s

2-53 identity.

2. Any claimant or his legal representative is entitled to information

3-1 from the records of the insurer, to the extent necessary for the proper

presentation of a claim in any proceeding under chapters 616A to 616D,

3-2 inclusive, or chapter 617 of NRS.

3-3 3. The division and administrator are entitled to information from the

records of the insurer which is necessary for the performance of their

3-4 duties. The administrator may, by regulation, prescribe the manner in which

otherwise confidential information may be made available to:

3-5 (a) Any agency of this or any other state charged with the administration

3-6 or enforcement of laws relating to industrial insurance, unemployment

compensation, public assistance or labor law and industrial relations;

3-7 (b) Any state or local agency for the enforcement of child support;

(c) The Internal Revenue Service of the Department of the Treasury;

3-8 (d) The department of taxation; and

3-9 (e) The state contractors’ board in the performance of its duties to

enforce the provisions of chapter 624 of NRS.

3-10 Information obtained in connection with the administration of a program of

industrial insurance may be made available to persons or agencies for

3-11 purposes appropriate to the operation of a program of industrial insurance.

3-12 4. Upon written request made by a public officer of a local

government, an insurer shall furnish from its records [,] the name, address

3-13 and place of employment of any person listed in its records. The request

must set forth the social security number of the person about whom the

3-14 request is made and contain a statement signed by proper authority of the

3-15 local government certifying that the request is made to allow the proper

authority to enforce a law to recover a debt or obligation owed to the local

3-16 government. The information obtained by the local government is

confidential and may not be used or disclosed for any purpose other than

3-17 the collection of a debt or obligation owed to that local government. The

3-18 insurer may charge a reasonable fee for the cost of providing the requested

information.

3-19 5. To further a current criminal investigation, the chief executive

officer of any law enforcement agency of this state may submit to the

3-20 administrator a written request for the name, address and place of

3-21 employment of any person listed in the records of an insurer. The request

must set forth the social security number of the person about whom the

3-22 request is made and contain a statement signed by the chief executive

officer certifying that the request is made to further a criminal investigation

3-23 currently being conducted by the agency. Upon receipt of a request, the

3-24 administrator shall instruct the insurer to furnish the information requested.

Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may 3-25 charge a reasonable fee to cover

any related administrative expenses.

4-1 6. The administrator shall provide lists containing the names and

addresses of employers, the number of employees employed by each

4-2 employer and the total wages paid by each employer to the department of

taxation, upon request, for its use in verifying returns for the business tax.

4-3 The administrator may charge a reasonable fee to cover any related

4-4 administrative expenses.

7. Any person who, in violation of this section, discloses information

4-5 obtained from files of claimants or policyholders [,] or obtains a list of

claimants or policyholders under chapters 616A to 616D, inclusive, or

4-6 chapter 617 of NRS and uses or permits the use of the list for any political

4-7 purposes, is guilty of a gross misdemeanor.

8. All letters, reports or communications of any kind, oral or written,

4-8 from the insurer, or any of its agents, representatives or employees are

privileged and must not be the subject matter or basis for any lawsuit if the

4-9 letter, report or communication is written, sent, delivered or prepared

4-10 pursuant to the requirements of chapters 616A to 616D, inclusive, or

chapter 617 of NRS.

4-11 Sec. 7. NRS 616B.015 is hereby amended to read as follows:

616B.015 1. Except as otherwise provided in subsection 2, the

4-12 records and files of the division concerning self-insured employers and

4-13 associations of self-insured public or private employers are confidential and

may be revealed in whole or in part only in the course of the administration

4-14 of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of

NRS relating to those employers or upon the lawful order of a court of

4-15 competent jurisdiction.

4-16 2. The records and files specified in subsection 1 are not confidential in

the following cases:

4-17 (a) Testimony by an officer or agent of the division and the production

of records and files on behalf of the division in any action or proceeding

4-18 conducted pursuant to the provisions of chapters 616A to 616D, inclusive,

4-19 or chapter 617 of NRS if that testimony or the records and files, or the

facts shown thereby, are involved in the action or proceeding.

4-20 (b) Delivery to a self-insured employer or an association of self-insured

public or private employers of a copy of any document filed by the

4-21 employer with the division pursuant to the provisions of chapters 616A to

4-22 616D, inclusive, or chapter 617 of NRS.

(c) Publication of statistics if classified so as to prevent:

4-23 (1) Identification of a particular employer or document; or

(2) Disclosure of the financial or business condition of a particular

4-24 employer or insurer.

4-25 (d) Disclosure in confidence, without further distribution or disclosure

to any other person, to:

(1) The governor or his agent in the exercise of the governor’s general

5-1 supervisory powers;

5-2 (2) Any person authorized to audit the accounts of the division in

pursuance of an audit;

5-3 (3) The attorney general or other legal representative of the state in

connection with an action or proceeding conducted pursuant to the

5-4 provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;

5-5 (4) Any agency of this or any other state charged with the

administration or enforcement of the laws relating to workers’

5-6 compensation or unemployment compensation; or

(5) Any federal, state or local law enforcement agency.

5-7 (e) Disclosure in confidence by a person who receives information

5-8 pursuant to paragraph (d) to a person in furtherance of the administration or

enforcement of the laws relating to workers’ compensation or

5-9 unemployment compensation.

3. As used in this section:

5-10 (a) "Division" means the division of insurance of the department of

5-11 business and industry.

(b) "Records and files" means:

5-12 (1) All credit reports, references, investigative records, financial

information and data pertaining to the net worth of a self-insured employer

5-13 or association of self-insured public or private employers; and

5-14 (2) All information and data required by the division to be furnished

to it pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS

5-15 or which may be otherwise obtained relative to the finances, earnings,

revenue, trade secrets or the financial condition of any self-insured

5-16 employer or association of self-insured public or private employers.

5-17 Sec. 8. NRS 616B.059 is hereby amended to read as follows:

616B.059 There is no liability in a private capacity on the part of the

5-18 manager while carrying out his duties pursuant to chapters 616A to 616D,

inclusive, or chapter 617 of NRS.

5-19 Sec. 9. NRS 616B.074 is hereby amended to read as follows:

5-20 616B.074 Subject to the limitations of chapters 616A to 616D,

inclusive, and chapter 617 of NRS and the budget prescribed by the

5-21 manager, the system must be administered by the manager, assistant

managers, and a staff appointed by the manager.

5-22 Sec. 10. NRS 616B.089 is hereby amended to read as follows:

5-23 616B.089 The State of Nevada is not liable for the payment of any

compensation or any salaries or expenses in the administration of chapters

5-24 616A to 616D, inclusive, or chapter 617 of NRS, but is responsible for the

safety and preservation of the state insurance fund.

6-1 Sec. 11. NRS 616B.095 is hereby amended to read as follows:

616B.095 If the provisions of NRS 616B.218, 616B.224 and

6-2 616B.230 for the creation of a state insurance fund, or the provisions of

chapters 616A to 616D, inclusive, or chapter 617 of NRS making the

6-3 compensation to the workman provided in those chapters exclusive of any

6-4 other remedy on the part of the workman, [shall be] are held invalid, each

of those chapters [shall] must be thereby invalidated, except the provisions

6-5 of NRS 616B.101, and an accounting according to the justice of the case

[shall] must be had on [moneys] money received. In other respects an

6-6 adjudication of invalidity of any part of this chapter or chapter 616A, 616C

6-7 , [or] 616D or 617 of NRS [shall] must not affect the validity of any of

those chapters as a whole or any part thereof.

6-8 Sec. 12. NRS 616B.167 is hereby amended to read as follows:

616B.167 The manager:

6-9 1. Has full power, authority and jurisdiction over the system.

6-10 2. May perform all acts necessary or convenient in the exercise of any

power, authority or jurisdiction over the system, either in the administration

6-11 of the system or in connection with the business of insurance to be carried

on by the system under the provisions of chapters 616A to 616D, inclusive,

6-12 or chapter 617 of NRS, including the establishment of premium rates.

6-13 3. May appoint in the unclassified service of the state no more than five

persons [,] engaged in management [,] who report directly to the manager

6-14 or an assistant manager. The manager shall designate these positions [,] and

may not change them without the approval of the personnel commission.

6-15 These persons are entitled to receive annual salaries fixed by the manager.

6-16 Sec. 13. NRS 616B.191 is hereby amended to read as follows:

616B.191 In addition to any other agreements authorized by the

6-17 provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS,

the manager may contract with private persons for the provision of any

6-18 services necessary or appropriate to carry out the functions and duties of

6-19 the system. The contracts must be awarded pursuant to reasonable

competitive bidding procedures as established by the manager.

6-20 Sec. 14. NRS 616B.194 is hereby amended to read as follows:

616B.194 Each insurer shall cooperate with the commissioner in the

6-21 performance of his duties pursuant to chapters 616A to 616D, inclusive, or

6-22 chapter 617 of NRS. Each private carrier and the system shall provide the

commissioner with any information, statistics or data in its records which

6-23 pertain to any employer who is making an application to become self-

insured or who is self-insured, or who is becoming or who is a member of

6-24 an association of self-insured public or private employers.

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

7-1 616B.224 1. Every employer who is not a self-insured employer or a

member of an association of self-insured public or private employers shall,

7-2 at intervals established by his insurer, furnish the insurer with a true and

7-3 accurate payroll showing:

(a) The total amount paid to employees for services performed;

7-4 (b) The amount of tips reported to him by every employee pursuant to

26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more; and

7-5 (c) A segregation of employment in accordance with the requirements of

7-6 the commissioner,

together with the premium due thereon. The payroll and premium must be

7-7 furnished to the insurer on or before the date established by the insurer for

the receipt of the payroll and premium.

7-8 2. Any employer by agreement in writing with the insurer may arrange

7-9 for the payment of premiums in advance at an interval established by the

insurer.

7-10 3. Failure of any employer to comply with the provisions of this section

and NRS 616B.218 operates as a rejection of chapters 616A to 616D,

7-11 inclusive, and chapter 617 of NRS, effective at the expiration of the period

7-12 covered by his estimate. The insurer shall notify the administrator of each

such rejection.

7-13 4. If an audit of the accounts or actual payroll of an employer shows

that the actual premium earned exceeds the estimated premium paid in

7-14 advance, the insurer may require the payment of money sufficient to cover

7-15 the deficit, together with such amount as in his judgment constitutes an

adequate advance premium for the period covered by the estimate.

7-16 5. The insurer shall notify any employer or his representative by first-

class mail of any failure on his part to comply with the provisions of this

7-17 section. The notice or its omission does not modify or waive the

7-18 requirements or effective rejection of chapters 616A to 616D, inclusive,

and chapter 617 of NRS as otherwise provided in those chapters.

7-19 6. The system may impose a penalty not to exceed 10 percent of the

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

7-20 system to submit the information and premium required in subsection 1

7-21 within the time allowed, unless the employer has applied for and been

granted an extension of that time by the manager.

7-22 7. To the extent permitted by federal law, the insurer shall vigorously

pursue the collection of premiums that are due under the provisions of

7-23 chapters 616A to 616D, inclusive, and chapter 617 of NRS even if an

7-24 employer’s debts have been discharged in a bankruptcy proceeding.

7-25 Sec. 16. NRS 616B.227 is hereby amended to read as follows:

616B.227 1. An employer shall:

7-26 (a) Make a copy of each report that an employee files with the employer

7-27 pursuant to 26 U.S.C. § 6053(a) to report the amount of his tips to the

United States Internal Revenue Service;

7-28 (b) Submit the copy to the system or private carrier upon request and

retain another copy for his records or, if the employer is self-insured or a

7-29 member of an association of self-insured public or private employers, retain

7-30 the copy for his records; and

(c) If he is not self-insured or a member of an association of self-insured

7-31 public or private employers, pay the system or private carrier the premiums

for the reported tips at the same rate as he pays on regular wages.

7-32 2. The division shall adopt regulations specifying the form of the

7-33 declaration required pursuant to subsection 1.

3. The system, private carrier, self-insured employer or association

7-34 shall calculate compensation for an employee on the basis of wages paid by

the employer plus the amount of tips reported by the employee pursuant to

7-35 26 U.S.C. § 6053. Reports made after the date of injury may not be used

7-36 for the calculation of compensation.

4. An employer shall notify his employees of the requirement to report

7-37 income from tips [for the purposes of calculating] to calculate his federal

income tax and [for including] to include the income in the computation of

7-38 benefits pursuant to chapters 616A to 616D, inclusive, and chapter 617 of

7-39 NRS.

5. The administrator shall adopt such regulations as are necessary to

7-40 carry out the provisions of this section.

Sec. 17. NRS 616B.239 is hereby amended to read as follows:

7-41 616B.239 1. At any time within 3 years after:

7-42 (a) Any premium or any amount of a premium required by chapters

616A to 616D, inclusive, or chapter 617 of NRS becomes due;

7-43 (b) The delinquency of any premium or any amount of a premium

required by chapters 616A to 616D, inclusive, or chapter 617 of NRS; or

7-44 (c) The recording of a certificate pursuant to NRS 616B.257,

7-45 the manager or his authorized representative may bring an action in the

courts of this state, or any other state, or of the United States, in the name

7-46 of the system, to collect the amount delinquent together with penalties and

interest.

7-47 2. In the action a writ of attachment may issue, and no bond or affidavit

7-48 previous to the issuing of the attachment is required.

3. In the action, a certificate by the manager showing the delinquency is prima facie evidence of the 7-49 determination of the premium due, of the

delinquency of the amounts set forth, and of the compliance by the manager

8-1 with all the provisions of chapters 616A to 616D, inclusive, and chapter

617 of NRS in relation to the computation and determination of the

8-2 amounts.

Sec. 18. NRS 616B.248 is hereby amended to read as follows:

8-3 616B.248 1. Whenever the manager finds that the collection of any

8-4 premium computed pursuant to the provisions of chapters 616A to 616D,

inclusive, or chapter 617 of NRS will be jeopardized by delay, he may

8-5 immediately assess the premium and all penalties and interest which may

have accrued, whether or not the final date otherwise prescribed for making

8-6 the premium has arrived. Upon assessment, the premium is immediately

8-7 due, the premium and all penalties and interest which may have accrued are

immediately payable [,] and notice of demand for payment must be made

8-8 upon the employer. If the employer fails or refuses to pay the assessed

premium, penalties and interest, collection of the payment may be enforced

8-9 according to the provisions of law applicable to the collection of unpaid

8-10 premiums.

2. When a jeopardy assessment has been made as provided in

8-11 subsection 1, the employer may stay its collection until such time as the

premiums for the period in question would normally become due [,] by

8-12 filing a bond with the manager which is executed by the employer as

8-13 principal [,] and by an insurer authorized pursuant to chapter 680A of NRS

as surety [,] payable to the system and conditioned on the payment of the

8-14 premium at the proper time. The amount of the required security must be

equal to the amount of the assessment [,] rounded off to the next larger

8-15 integral multiple of $100.

8-16 3. In lieu of a bond, the employer may deposit with the manager a like

amount of lawful money of the United States or any other form of security

8-17 authorized by NRS 100.065. If security is provided in the form of a savings

certificate, certificate of deposit or investment certificate, the certificate

8-18 must state that the amount is not available for withdrawal except upon order

8-19 of the manager.

Sec. 19. NRS 616B.254 is hereby amended to read as follows:

8-20 616B.254 1. As used in this section, "person" includes this state [,]

and any county, municipality, district or other political subdivision thereof.

8-21 2. If any employer is delinquent in the payment of the amount of any

8-22 premium, penalty or interest required by chapters 616A to 616D, inclusive,

or chapter 617 of NRS or a determination has been made against him

8-23 which remains unpaid, the manager may, not later than 3 years after the

payment became delinquent or within 6 years after the recording of a

8-24 judgment pursuant to NRS 616B.266, give notice of the amount of the

8-25 delinquency personally or by registered or certified mail to any person having in his possession or under his control any money, credits or other

8-26 personal property belonging to the delinquent employer [,] or owing any

8-27 debts to the delinquent employer at the time of the receipt of the registered

8-28 or certified notice. In the case of any state officer, department or agency,

the notice must be given to the officer, department or agency before it

8-29 presents the claim of the delinquent employer to the state controller.

3. A state officer, department or agency which receives such a notice

8-30 may satisfy any debt owed to it by that person before it honors the

8-31 manager’s notice.

4. After receiving the notice, a person so notified may not transfer or

8-32 otherwise dispose of the money, credits, other personal property [,] or debts

in his possession or under his control at the time he received the notice until

8-33 the manager consents to a transfer or other disposition in writing, or until

8-34 30 days after the receipt of the notice, whichever period expires earlier.

5. A person so notified shall, within 5 days after receipt of the notice,

8-35 inform the manager of all money, credits, other personal property [,] or

debts belonging to the delinquent employer in his possession, under his

8-36 control or owing by him.

8-37 6. If the notice seeks to prevent the transfer or other disposition of a

deposit in a bank or other credits or personal property in the possession or

8-38 under the control of a bank, the notice must be delivered or mailed to the

branch or office of the bank at which the deposit is carried or at which the

8-39 credits or personal property is held.

8-40 7. If, during the effective period of the notice to withhold, any person

so notified makes any transfer or other disposition of the property or debts

8-41 required to be withheld, to the extent of the value of the property or the

amount of the debts thus transferred or paid, he is liable to the state for any

8-42 indebtedness due pursuant to chapters 616A to 616D, inclusive, or chapter

8-43 617 of NRS from the person with respect to whose obligation the notice

was given if solely by reason of the transfer or other disposition the state is

8-44 unable to recover the indebtedness of the person with respect to whose

obligation the notice was given.

8-45 8. Upon the demand of the manager, the person shall remit or deliver

8-46 to the manager the money, credit or other personal property up to the

amount owed by the delinquent employer.

8-47 Sec. 20. NRS 616B.257 is hereby amended to read as follows:

616B.257 If any amount required to be paid to the system pursuant to

8-48 the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS

8-49 is not paid when due, the manager may, within 3 years after the amount is

due, file in the office of the clerk of any court of competent jurisdiction a

8-50 certificate specifying the amount required to be paid, interest and penalties

due, the name and address of the employer liable for the payment, as it

8-51 appears on the records of the system, the manager’s compliance with the applicable provisions of 8-52 chapters 616A to 616D, inclusive, or chapter 617

of NRS in relation to the determination of the amount required to be paid

[,] and a request that judgment be entered against the employer in the

9-1 amount required to be paid, including interest and penalties, as set forth in

9-2 the certificate.

Sec. 21. NRS 616B.269 is hereby amended to read as follows:

9-3 616B.269 Except as otherwise provided in NRS 616D.210:

1. If any business which is liable for any amount required to be paid

9-4 pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS sells

9-5 out its business, or any portion of its business, or stock of goods, or quits

the business, its successors or assigns shall withhold a sufficient portion of

9-6 the purchase price to cover that amount until the former owner produces a

receipt from the manager showing that it has been paid or a certificate

9-7 stating that no amount is due.

9-8 2. If the purchaser of a business, or any portion of a business, or stock

of goods fails to withhold from the purchase price the amount required by

9-9 subsection 1, he becomes personally liable for the payment of the amount

required to be withheld by him to the extent of the purchase price, valued in

9-10 money. Within 60 days after receiving a written request from the purchaser

9-11 for a certificate, or within 60 days after the date the former owner’s records

are made available for audit, whichever period expires later, but not later

9-12 than 90 days after receiving the request, the manager shall issue the

certificate or mail a notice to the purchaser at his address as it appears on

9-13 the records of the manager, of the amount that must be paid as a condition

9-14 of issuing the certificate.

3. Failure of the manager to mail the notice releases the purchaser from

9-15 any further obligation to withhold any portion of the purchase price.

4. The time within which the obligation of a successor may be enforced

9-16 begins at the time the person or business sells out its business or stock of

9-17 goods or at the time that the determination against the person or business

becomes final, whichever occurs later.

9-18 Sec. 22. NRS 616B.318 is hereby amended to read as follows:

616B.318 1. The commissioner shall impose an administrative fine,

9-19 not to exceed $1,000 for each violation, and:

9-20 (a) Shall withdraw the certification of a self-insured employer if:

(1) The deposit required pursuant to NRS 616B.300 is not sufficient

9-21 and the employer fails to increase the deposit after he has been ordered to

do so by the commissioner;

9-22 (2) The self-insured employer fails to provide evidence of excess

9-23 insurance pursuant to NRS 616B.300 within 45 days after he has been so

ordered; or

9-24 (3) The employer becomes insolvent, institutes any voluntary

proceeding under the Bankruptcy Act or is named in any involuntary

9-25 proceeding thereunder.

(b) May withdraw the certification of a self-insured employer if:

10-1 (1) The employer intentionally fails to comply with regulations of the

commissioner regarding reports or other requirements necessary to carry

10-2 out the purposes of chapters 616A to 616D, inclusive, and chapter 617 of

10-3 NRS;

(2) The employer violates the provisions of subsection 2 of NRS

10-4 616B.500 or any regulation adopted by the commissioner or the

administrator concerning the administration of the employer’s plan of self-

10-5 insurance; or

10-6 (3) The employer makes a general or special assignment for the

benefit of creditors or fails to pay compensation after an order for payment

10-7 of any claim becomes final.

2. Any employer whose certification as a self-insured employer is

10-8 withdrawn must, on the effective date of the withdrawal, qualify as an

10-9 employer pursuant to NRS 616B.650.

3. The commissioner may, upon the written request of an employer

10-10 whose certification as a self-insured employer is withdrawn pursuant to

subparagraph (3) of paragraph (a) of subsection 1, reinstate the employer’s

10-11 certificate for a reasonable period to allow the employer sufficient time to

10-12 provide industrial insurance for his employees.

Sec. 23. NRS 616B.324 is hereby amended to read as follows:

10-13 616B.324 A person who is employed by or contracts with a self-

insured employer to administer the plan of self-insurance is an agent of the

10-14 self-insured employer , and if he violates any provision of this chapter or

10-15 chapter 616A, 616C , [or] 616D or 617 of NRS, the self-insured employer

is liable for any penalty assessed because of that violation.

10-16 Sec. 24. NRS 616B.362 is hereby amended to read as follows:

616B.362 1. An association certified as an association of self-insured

10-17 public or private employers directly assumes the responsibility for

10-18 providing compensation due the employees of the members of the

association and their beneficiaries under chapters 616A to 617, inclusive,

10-19 of NRS.

2. An association is not required to pay the premiums required of other

10-20 employers pursuant to chapters 616A to 617, inclusive, of NRS but is

10-21 relieved from other liability for personal injury to the same extent as are

other employers.

10-22 3. The claims of employees and their beneficiaries resulting from

injuries while in the employment of a member of an association must be

10-23 handled in the manner provided by chapters 616A to 616D, inclusive, of

10-24 NRS, and the association is subject to the regulations of the division with

respect thereto.

4. The security deposited pursuant to NRS 616B.353 does not relieve

11-1 an association from responsibility for the administration of claims and

11-2 payment of compensation under chapters 616A to [616D,] 617, inclusive,

of NRS.

11-3 Sec. 25. NRS 616B.428 is hereby amended to read as follows:

616B.428 1. The commissioner may impose an administrative fine

11-4 for each violation of any provision of NRS 616B.350 to 616B.446,

11-5 inclusive, or any regulation adopted pursuant thereto. Except as otherwise

provided in those sections, the amount of the fine may not exceed $1,000

11-6 for each violation or an aggregate amount of $10,000.

2. The commissioner may withdraw the certificate of an association of

11-7 self-insured public or private employers if:

11-8 (a) The association’s certificate was obtained by fraud;

(b) The application for certification contained a material

11-9 misrepresentation;

(c) The association is found to be insolvent;

11-10 (d) The association fails to have five or more members;

11-11 (e) The association fails to pay the costs of any examination or any

penalty, fee or assessment required by the provisions of chapters 616A to

11-12 616D, inclusive, or chapter 617 of NRS;

(f) The association fails to comply with any of the provisions of this

11-13 chapter or chapter 616A, 616C , [or] 616D or chapter 617 of NRS, or any

11-14 regulation adopted pursuant thereto;

(g) The association fails to comply with any order of the commissioner

11-15 within the time prescribed by the provisions of chapters 616A to 616D,

inclusive, or chapter 617 of NRS or in the order of the commissioner; or

11-16 (h) The association or its third-party administrator misappropriates,

11-17 converts, illegally withholds or refuses to pay any money to which a person

is entitled and that was entrusted to the association in its fiduciary capacity.

11-18 3. If the commissioner withdraws the certification of an association of

self-insured public or private employers, each employer who is a member

11-19 of the association remains liable for his obligations incurred before and

11-20 after the order of withdrawal.

4. Any employer who is a member of an association whose certification

11-21 is withdrawn shall, on the effective date of the withdrawal, qualify as an

employer pursuant to NRS 616B.650.

11-22 Sec. 26. NRS 616B.503 is hereby amended to read as follows:

11-23 616B.503 1. A person shall not act as a third-party administrator for

an insurer without a certificate issued by the commissioner pursuant to NRS

11-24 683A.085.

11-25 2. A person who acts as a third-party administrator pursuant to chapters

11-26 616A to 616D, inclusive, or chapter 617 of NRS shall:

(a) Administer from one or more offices located in this state all of the

11-27 claims arising under each plan of insurance that he administers and

maintain in those offices all of the records concerning those claims;

11-28 (b) Administer each plan of insurance directly, without subcontracting

11-29 with another third-party administrator; and

(c) Upon the termination of his contract with an insurer, transfer

11-30 forthwith to a certified third-party administrator chosen by the insurer all of

the records in his possession concerning claims arising under the plan of

11-31 insurance.

11-32 3. The commissioner may, under exceptional circumstances, waive the

requirements of subsection 2.

11-33 Sec. 27. NRS 616B.506 is hereby amended to read as follows:

616B.506 The commissioner shall impose an administrative fine, not to

11-34 exceed $1,000 for each violation, and may withdraw the certification of any

11-35 third-party administrator who:

1. Fails to comply with regulations of the commissioner regarding

11-36 reports or other requirements necessary to carry out the purposes of

chapters 616A to 616D, inclusive, or chapter 617 of NRS; or

11-37 2. Violates any provision of NRS 616B.503 or any regulation adopted

11-38 by the commissioner or the administrator concerning the administration of

the plan of insurance.

11-39 Sec. 28. NRS 616B.600 is hereby amended to read as follows:

616B.600 1. Except as limited in subsection 3, any employee who

11-40 has been hired outside of this state and his employer are exempted from the

11-41 provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS

while the employee is temporarily within this state doing work for his

11-42 employer if his employer has furnished industrial insurance pursuant to the

[industrial insurance act] Nevada Industrial Insurance Act or similar laws

11-43 of a state other than Nevada so as to cover the employee’s employment

11-44 while in this state [,] if:

(a) The extraterritorial provisions of chapters 616A to 616D, inclusive,

11-45 and chapter 617 of NRS are recognized in the other state; and

(b) Employers and employees who are covered in this state are likewise

11-46 exempted from the application of the [industrial insurance act] Nevada

11-47 Industrial Insurance Act or similar laws of the other state.

The benefits provided in the [industrial insurance act] Nevada Industrial

11-48 Insurance Act or similar laws of the other state are the exclusive remedy

against the employer for any injury, whether resulting in death or not,

11-49 received by the employee while working for the employer in this state.

2. A certificate from the administrator or similar officer of another

12-1 state certifying that the employer of the other state is insured therein and

has provided extraterritorial coverage insuring his employees while

12-2 working within this state is prima facie evidence that the employer carried

12-3 the industrial insurance.

3. The exemption provided for in this section does not apply to the

12-4 employees of a contractor, as defined in NRS 624.020, operating within the

scope of his license.

12-5 4. An employer is not required to maintain coverage for industrial

12-6 insurance in this state for an employee who has been hired or is regularly

employed in this state, but who is performing work exclusively in another

12-7 state, if the other state requires the employer to provide coverage for the

employee in the other state. If the employee receives personal injury by

12-8 accident arising out of and in the course of his employment, any claim for

12-9 compensation must be filed in the state in which the accident occurred, and

such compensation is the exclusive remedy of the employee or his

12-10 dependents. This subsection does not prevent an employer from

maintaining coverage for the employee pursuant to the provisions of

12-11 chapters 616A to 616D, inclusive, and chapter 617 of NRS.

12-12 Sec. 29. NRS 616B.662 is hereby amended to read as follows:

616B.662 An employer having come under chapters 616A to 616D,

12-13 inclusive, or chapter 617 of NRS who thereafter elects to reject the terms,

conditions and provisions of those chapters is not relieved from the

12-14 payment of premiums to the insurer before the time his notice of rejection

12-15 becomes effective if any are due. The premiums may be recovered in an

action at law.

12-16 Sec. 30. NRS 616C.070 is hereby amended to read as follows:

616C.070 1. A person is conclusively presumed to be totally

12-17 dependent upon an injured or deceased employee if the person is a natural,

12-18 posthumous or adopted child, whether legitimate or illegitimate, under the

age of 18 years, or over that age if physically or mentally incapacitated

12-19 from wage earning, and there is no surviving parent. Stepparents may be

regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as

12-20 parents if the fact of dependency is shown, and a stepchild or stepchildren

12-21 may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of

NRS as a natural child or children if the existence and fact of dependency

12-22 are shown.

2. Except as otherwise provided in subsection 13 of NRS 616C.505,

12-23 questions as to who constitute dependents and the extent of their dependency must be determined as 12-24 of the date of the accident or injury to

the employee, and their right to any benefit becomes fixed at that time,

irrespective of any subsequent change in conditions, and the benefits are

13-1 directly recoverable by and payable to the dependent or dependents entitled

13-2 thereto [,] or to their legal guardians or trustees.

3. The presumptions of this section do not apply in favor of aliens who

13-3 are nonresidents of the United States at the time of the accident, injury to,

or death of the employee.

13-4 Sec. 31. NRS 616C.090 is hereby amended to read as follows:

13-5 616C.090 1. The administrator shall establish a panel of physicians

and chiropractors who have demonstrated special competence and interest

13-6 in industrial health to treat injured employees under chapters 616A to

616D, inclusive, or chapter 617 of NRS. Every employer whose insurer

13-7 has not entered into a contract with an organization for managed care

13-8 pursuant to NRS 616B.515 shall maintain a list of those physicians and

chiropractors on the panel who are reasonably accessible to his employees.

13-9 2. An injured employee whose insurer has not entered into a contract

with an organization for managed care may choose his treating physician or

13-10 chiropractor from the panel of physicians and chiropractors. If the injured

13-11 employee is not satisfied with the first physician or chiropractor he so

chooses, he may make an alternative choice of physician or chiropractor

13-12 from the panel if the choice is made within 90 days after his injury. The

insurer shall notify the first physician or chiropractor in writing. The notice

13-13 must be postmarked within 3 working days after the insurer receives

13-14 knowledge of the change. The first physician or chiropractor must be

reimbursed only for the services he rendered to the injured employee up to

13-15 and including the date of notification. Any further change is subject to the

approval of the insurer, which must be granted or denied within 10 days

13-16 after a written request for such a change is received from the injured

13-17 employee. If no action is taken on the request within 10 days, the request

shall be deemed granted. Any request for a change of physician or

13-18 chiropractor must include the name of the new physician or chiropractor

chosen by the injured employee.

13-19 3. An injured employee employed or residing in any county in this state

13-20 whose insurer has entered into a contract with an organization for managed

care must choose his treating physician or chiropractor pursuant to the

13-21 terms of that contract. If the employee, after choosing his treating physician

or chiropractor, moves to a county which is not served by the organization

13-22 for managed care , and the insurer determines that it is impractical for the

13-23 employee to continue treatment with the physician or chiropractor, the

employee must choose a treating physician or chiropractor who has agreed

13-24 to the terms of that contract unless the insurer authorizes the employee to

choose another physician or chiropractor.

14-1 4. Except when emergency medical care is required and except as

otherwise provided in NRS 616C.055, the insurer is not responsible for any

14-2 charges for medical treatment or other accident benefits furnished or

ordered by any physician, chiropractor or other person selected by the

14-3 employee in disregard of the provisions of this section or for any

14-4 compensation for any aggravation of the employee’s injury attributable to

improper treatments by such physician, chiropractor or other person.

14-5 5. The administrator may order necessary changes in a panel of

physicians and chiropractors and shall suspend or remove any physician or

14-6 chiropractor from a panel for good cause shown.

14-7 6. An injured employee may receive treatment by more than one

physician or chiropractor if the insurer provides written authorization for

14-8 such treatment.

Sec. 32. NRS 616C.095 is hereby amended to read as follows:

14-9 616C.095 The physician or chiropractor shall inform the injured

14-10 employee of his rights under chapters 616A to 616D, inclusive, or chapter

617 of NRS and lend all necessary assistance in making application for

14-11 compensation and such proof of other matters as required by the rules of

the division, without charge to the employee.

14-12 Sec. 33. NRS 616C.120 is hereby amended to read as follows:

14-13 616C.120 [No] Any provision of this chapter or chapter 616A, 616B ,

[or] 616D or 617 of NRS [shall] must not prevent an employee from

14-14 providing for treatment for his injuries or disease through prayer or other

spiritual means in accordance with the tenets and practices of a recognized

14-15 church, which treatment is recognized in this state in lieu of medical

14-16 treatment.

Sec. 34. NRS 616C.205 is hereby amended to read as follows:

14-17 616C.205 Except as otherwise provided in this section and NRS

31A.150 and 31A.330, compensation payable under chapters 616A to

14-18 616D, inclusive, or chapter 617 of NRS, whether determined or due, or

14-19 not, is not, before the issuance and delivery of the check, assignable, is

exempt from attachment, garnishment and execution, and does not pass to

14-20 any other person by operation of law. In the case of the death of an injured

employee covered by chapters 616A to 616D, inclusive, or chapter 617 of

14-21 NRS from causes independent from the injury for which compensation is

14-22 payable, any compensation due the employee which was awarded or

accrued but for which a check was not issued or delivered at the date of

14-23 death of the employee is payable to his dependents as defined in NRS

616C.505.

14-24 Sec. 35. NRS 616C.210 is hereby amended to read as follows:

14-25 616C.210 1. The insurer shall notify a dependent of a deceased employee who is residing outside of the United States by certified mail at

14-26 his last known address if compensation is due the decedent or beneficiary

14-27 pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. The

14-28 dependent may request that payment be made directly to him within 90

calendar days after the notice was mailed. The insurer shall pay

14-29 compensation which is due a beneficiary directly to the beneficiary if the

beneficiary requests payment within 90 calendar days after the notice was

14-30 mailed.

14-31 2. If the insurer does not receive a request that payment be made

directly to a beneficiary within 90 days after the notice required by

14-32 subsection 1 is mailed, payments to the consul general, vice consul general,

consul or vice consul of the nation of which any dependent of a deceased

14-33 employee is a resident or subject, or a representative of such consul

14-34 general, vice consul general, consul or vice consul, of any compensation

due under chapters 616A to 616D, inclusive, or chapter 617 of NRS to any

14-35 dependent residing outside of the United States, any power of attorney to

receive or receipt for the same to the contrary notwithstanding, are as full a

14-36 discharge of the benefits or compensation payable under those chapters as

14-37 if payments were made directly to the beneficiary.

Sec. 36. NRS 616C.215 is hereby amended to read as follows:

14-38 616C.215 1. If an injured employee or, in the event of his death, his

dependents, bring an action in tort against his employer to recover payment

14-39 for an injury which is compensable under chapters 616A to 616D,

14-40 inclusive, or chapter 617 of NRS and, notwithstanding the provisions of

NRS 616A.020, receive payment from the employer for that injury:

14-41 (a) The amount of compensation the injured employee or his dependents

are entitled to receive pursuant to the provisions of chapters 616A to 616D,

14-42 inclusive, or chapter 617 of NRS, including any future compensation, must

14-43 be reduced by the amount paid by the employer.

(b) The insurer, or in the case of claims involving the uninsured

14-44 employer’s claim fund or a subsequent injury fund the administrator, has a

lien upon the total amount paid by the employer if the injured employee or

14-45 his dependents receive compensation pursuant to the provisions of chapters

14-46 616A to 616D, inclusive, or chapter 617 of NRS.

This subsection is applicable whether the money paid to the employee or

14-47 his dependents by the employer is classified as a gift, a settlement or

otherwise. The provisions of this subsection do not grant to an injured

14-48 employee any right of action in tort to recover damages from his employer

14-49 for his injury.

2. When an employee receives an injury for which compensation is

14-50 payable pursuant to the provisions of chapters 616A to 616D, inclusive, or

chapter 617 of NRS and which was caused under circumstances creating a legal liability in some 14-51 person, other than the employer or a person in the

14-52 same employ, to pay damages in respect thereof:

14-53 (a) The injured employee, or in case of death his dependents, may take

proceedings against that person to recover damages, but the amount of the

14-54 compensation the injured employee or his dependents are entitled to

14-55 receive pursuant to the provisions of chapters 616A to 616D, inclusive, or

chapter 617 of NRS, including any future compensation, must be reduced

14-56 by the amount of the damages recovered, notwithstanding any act or

omission of the employer or a person in the same employ which was a

14-57 direct or proximate cause of the employee’s injury.

14-58 (b) If the injured employee, or in case of death his dependents, receive

compensation pursuant to the provisions of chapters 616A to 616D,

14-59 inclusive, or chapter 617 of NRS, the insurer, or in case of claims

involving the uninsured employers’ claim fund or a subsequent injury fund

14-60 the administrator, has a right of action against the person so liable to pay

14-61 damages and is subrogated to the rights of the injured employee or of his

dependents to recover therefor.

14-62 3. When an injured employee incurs an injury for which compensation

is payable pursuant to the provisions of chapters 616A to 616D, inclusive,

14-63 or chapter 617 of NRS and which was caused under circumstances

14-64 entitling him, or in the case of death his dependents, to receive proceeds

under his employer’s policy of uninsured or underinsured vehicle coverage:

14-65 (a) The injured employee, or in the case of death his dependents, may

take proceedings to recover those proceeds, but the amount of

14-66 compensation the injured employee or his dependents are entitled to

14-67 receive pursuant to the provisions of chapters 616A to 616D, inclusive, or

chapter 617 of NRS, including any future compensation, must be reduced

14-68 by the amount of proceeds received.

(b) If an injured employee, or in the case of death his dependents,

14-69 receive compensation pursuant to the provisions of chapters 616A to 616D,

14-70 inclusive, or chapter 617 of NRS, the insurer, or in the case of claims

involving the uninsured employers’ claim fund or a subsequent injury fund

14-71 the administrator, is subrogated to the rights of the injured employee or his

dependents to recover proceeds under the employer’s policy of uninsured

14-72 or underinsured vehicle coverage. The insurer and the administrator are not

14-73 subrogated to the rights of an injured employee or his dependents under a

policy of uninsured or underinsured vehicle coverage purchased by the

14-74 employee.

4. In any action or proceedings taken by the insurer or the

14-75 administrator pursuant to this section, evidence of the amount of

14-76 compensation, accident benefits and other expenditures which the insurer, the uninsured employers’ claim fund or a subsequent injury fund have paid

14-77 or become obligated to pay by reason of the injury or death of the employee

14-78 is admissible. If in such action or proceedings the insurer or the

14-79 administrator recovers more than those amounts, the excess must be paid to

the injured employee or his dependents.

14-80 5. In any case where the insurer or the administrator is subrogated to

the rights of the injured employee or of his dependents as provided in

14-81 subsection 2 or 3, the insurer or the administrator has a lien upon the total

14-82 proceeds of any recovery from some person other than the employer,

whether the proceeds of such recovery are by way of judgment, settlement

14-83 or otherwise. The injured employee, or in the case of his death his

dependents, are not entitled to double recovery for the same injury,

14-84 notwithstanding any act or omission of the employer or a person in the

14-85 same employ which was a direct or proximate cause of the employee’s

injury.

14-86 6. The lien provided for under subsection 1 or 5 includes the total

compensation expenditure incurred by the insurer, the uninsured

14-87 employers’ claim fund or a subsequent injury fund for the injured employee

14-88 and his dependents.

7. An injured employee, or in the case of death his dependents, shall

14-89 notify the insurer, or in the case of claims involving the uninsured

employers’ claim fund or a subsequent injury fund the administrator, in

14-90 writing before initiating a proceeding or action pursuant to this section.

14-91 8. Within 15 days after the date of recovery by way of actual receipt of

the proceeds of the judgment, settlement or otherwise:

14-92 (a) The injured employee or his dependents, or the attorney or

representative of the injured employee or his dependents; and

14-93 (b) The third-party insurer,

14-94 shall notify the insurer, or in the case of claims involving the uninsured

employers’ claim fund or a subsequent injury fund the administrator, of the

14-95 recovery and pay to the insurer or the administrator, respectively, the

amount due under this section together with an itemized statement showing

14-96 the distribution of the total recovery. The attorney or representative of the

14-97 injured employee or his dependents and the third-party insurer are jointly

and severally liable for any amount to which an insurer is entitled pursuant

14-98 to this section if the attorney, representative or third-party insurer has

knowledge of the lien provided for in this section.

14-99 9. An insurer shall not sell its lien to a third-party insurer unless the

14-100 injured employee or his dependents, or the attorney or representative of the

injured employee or his dependents, refuses to provide to the insurer

14-101 information concerning the action against the third party.

14-102 10. In any trial of an action by the injured employee, or in the case of

14-103 his death by his dependents, against a person other than the employer or a

person in the same employ, the jury must receive proof of the amount of all

14-104 payments made or to be made by the insurer or the administrator. The court

shall instruct the jury substantially as follows:

14-105 Payment of workmen’s compensation benefits by the insurer, or in

the case of claims involving the uninsured employers’ claim fund or a

14-106 subsequent injury fund the administrator, is based upon the fact that a

compensable industrial accident occurred, and does not depend upon

14-107 blame or fault. If the plaintiff does not obtain a judgment in his favor

14-108 in this case, he is not required to repay his employer, the insurer or the

administrator any amount paid to him or paid on his behalf by his

14-109 employer, the insurer or the administrator.

If you decide that the plaintiff is entitled to judgment against the

14-110 defendant, you shall find his damages in accordance with the court’s

14-111 instructions on damages and return your verdict in the plaintiff’s favor

in the amount so found without deducting the amount of any

14-112 compensation benefits paid to or for the plaintiff. The law provides a

means by which any compensation benefits will be repaid from your

14-113 award.

11. [For the purposes of calculating] To calculate an employer’s

14-114 premium, the employer’s account with the system must be credited with an

amount equal to that recovered by the system from a third party pursuant to

14-115 this section, less the system’s share of the expenses of litigation incurred in

14-116 obtaining the recovery, except that the total credit must not exceed the

amount of compensation actually paid or reserved by the system on the

14-117 injured employee’s claim.

12. As used in this section, "third-party insurer" means an insurer that

14-118 issued to a third party who is liable for damages pursuant to subsection 2, a

14-119 policy of liability insurance the proceeds of which are recoverable pursuant

to this section. The term includes an insurer that issued to an employer a

14-120 policy of uninsured or underinsured vehicle coverage.

Sec. 37. NRS 616C.230 is hereby amended to read as follows:

14-121 616C.230 1. Compensation is not payable pursuant to the provisions

14-122 of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:

(a) Caused by the employee’s willful intention to injure himself.

14-123 (b) Caused by the employee’s willful intention to injure another.

(c) Proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of 14-124 his injury, intoxication must be presumed to

14-125 be a proximate cause unless rebutted by evidence to the contrary.

14-126 (d) Proximately caused by the employee’s use of a controlled substance.

If the employee had any amount of a controlled substance in his system at

14-127 the time of his injury for which the employee did not have a current and

14-128 lawful prescription issued in his name, the controlled substance must be

presumed to be a proximate cause unless rebutted by evidence to the

14-129 contrary.

2. For the purposes of paragraphs (c) and (d) of subsection 1:

14-130 (a) The affidavit or declaration of an expert or other person described in

14-131 NRS 50.315 is admissible to prove the existence of any alcohol or the

existence, quantity or identity of a controlled substance in an employee’s

14-132 system. If the affidavit or declaration is to be so used, it must be submitted

in the manner prescribed in NRS 616C.355.

14-133 (b) When an examination requested or ordered includes testing for the

14-134 use of alcohol or a controlled substance:

(1) If the laboratory that conducts the testing is located in a county

14-135 whose population is 100,000 or more and the testing is of urine, the

laboratory must be certified for forensic testing of urine for drugs by the

14-136 College of American Pathologists or a successor organization or by the

14-137 federal Department of Health and Human Services; and

(2) Any such testing of breath for alcohol must be performed pursuant

14-138 to the regulations of the federal Department of Transportation.

3. No compensation is payable for the death, disability or treatment of

14-139 an employee if his death is caused by, or insofar as his disability is

14-140 aggravated, caused or continued by, an unreasonable refusal or neglect to

submit to or to follow any competent and reasonable surgical treatment or

14-141 medical aid.

4. If any employee persists in an unsanitary or injurious practice that

14-142 imperils or retards his recovery, or refuses to submit to such medical or

14-143 surgical treatment as is necessary to promote his recovery, his

compensation may be reduced or suspended.

14-144 5. An injured employee’s compensation, other than accident benefits,

must be suspended if:

14-145 (a) A physician or chiropractor determines that the employee is unable

14-146 to undergo treatment, testing or examination for the industrial injury solely

because of a condition or injury that did not arise out of and in the course

14-147 of his employment; and

(b) It is within the ability of the employee to correct the nonindustrial

14-148 condition or injury.

14-149 The compensation must be suspended until the injured employee is able to

resume treatment, testing or examination for the industrial injury. The

14-150 insurer may elect to pay for the treatment of the nonindustrial condition or

injury.

15-1 Sec. 38. NRS 616C.280 is hereby amended to read as follows:

616C.280 The administrator may withdraw his approval of an

15-2 employer’s providing accident benefits for his employees and require the

employer to pay the premium collected pursuant to NRS 616C.255 if the

15-3 employer intentionally:

15-4 1. Determines incorrectly that a claimed injury did not arise out of and

in the course of the employee’s employment;

15-5 2. Fails to advise an injured employee of his rights under chapters

616A to 616D, inclusive, or chapter 617 of NRS;

15-6 3. Impedes the determination of disability or benefits by delaying a

15-7 needed change of an injured employee’s physician or chiropractor;

4. Causes an injured employee to file a legal action to recover any

15-8 compensation or other medical benefits due him from the employer;

5. Violates any of his or the division’s regulations regarding the

15-9 provision of accident benefits by employers; or

15-10 6. Discriminates against an employee who claims benefits under

chapters 616A to 616D, inclusive, or chapter 617 of NRS.

15-11 Sec. 39. NRS 616C.325 is hereby amended to read as follows:

616C.325 1. It is unlawful for any person to represent an employee

15-12 before a hearings officer, or in any negotiations, settlements, hearings or

15-13 other meetings with an insurer concerning the employee’s claim or possible

claim, unless he is:

15-14 (a) Employed full time by the employee’s labor organization;

(b) Admitted to practice law in this state;

15-15 (c) Employed full time by and under the supervision of an attorney

15-16 admitted to practice law in this state; or

(d) Appearing without compensation on behalf of the employee.

15-17 It is unlawful for any person who is not admitted to practice law in this state

to represent the employee before an appeals officer.

15-18 2. It is unlawful for any person to represent an employer at hearings of

15-19 contested cases unless that person is:

(a) Employed full time by the employer or a trade association to which

15-20 the employer belongs that is not formed solely [for the purpose of

providing] to provide representation at hearings of contested cases;

15-21 (b) An employer’s representative licensed pursuant to subsection 3 who

15-22 is not licensed as a third-party administrator;

(c) Admitted to practice law in this state; or

15-23 (d) A licensed third-party administrator.

3. The director of the department of administration shall adopt

15-24 regulations which include the:

15-25 (a) Requirements for licensure of employers’ representatives, including:

(1) The registration of each representative; and

(2) The filing of a copy of each written agreement for the

16-1 compensation of a representative;

16-2 (b) Procedure for such licensure; and

(c) Causes for revocation of such a license, including any applicable

16-3 action listed in NRS 616D.120 or a violation of this section.

4. Any person who is employed by or contracts with an employer to

16-4 represent the employer at hearings regarding contested claims is an agent of

16-5 the employer. If the employer’s representative violates any provision of this

chapter or chapter 616A, 616B , [or] 616D or 617 of NRS, the employer is

16-6 liable for any penalty assessed because of that violation.

5. An employer shall not make the compensation of any person

16-7 representing him contingent in any manner upon the outcome of any

16-8 contested claim.

6. The director of the department of administration shall collect in

16-9 advance and deposit with the state treasurer for credit to the state general

fund the following fees for licensure as an employer’s representative:

16-10 (a) Application and license $78

16-11 (b) Triennial renewal of each license 78

Sec. 40. NRS 616C.350 is hereby amended to read as follows:

16-12 616C.350 1. Any physician or chiropractor who attends an employee

within the provisions of chapters 616A to 616D, inclusive, or chapter 617

16-13 of NRS in a professional capacity, may be required to testify before an

16-14 appeals officer. A physician or chiropractor who testifies is entitled to

receive the same fees as witnesses in civil cases and, if the appeals officer

16-15 so orders at his own discretion, a fee equal to that authorized for a

consultation by the appropriate schedule of fees for physicians or

16-16 chiropractors. These fees must be paid by the insurer.

16-17 2. Information gained by the attending physician or chiropractor while

in attendance on the injured employee is not a privileged communication if:

16-18 (a) Required by an appeals officer for a proper understanding of the case

and a determination of the rights involved; or

16-19 (b) The information is related to any fraud that has been or is alleged to

16-20 have been committed in violation of the provisions of this chapter or

chapter 616A, 616B , [or] 616D or 617 of NRS.

16-21 Sec. 41. NRS 616D.050 is hereby amended to read as follows:

616D.050 1. Appeals officers, the administrator, the manager and the

16-22 manager’s designee, in conducting hearings or other proceedings pursuant

16-23 to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of

NRS or regulations adopted pursuant to those chapters may:

16-24 (a) Issue subpoenas requiring the attendance of any witness or the

production of books, accounts, papers, records and documents.

16-25 (b) Administer oaths.

16-26 (c) Certify to official acts.

16-27 (d) Call and examine under oath any witness or party to a claim.

(e) Maintain order.

16-28 (f) Rule upon all questions arising during the course of a hearing or

16-29 proceeding.

(g) Permit discovery by deposition or interrogatories.

16-30 (h) Initiate and hold conferences for the settlement or simplification of

issues.

16-31 (i) Dispose of procedural requests or similar matters.

16-32 (j) Generally regulate and guide the course of a pending hearing or

proceeding.

16-33 2. Hearing officers, in conducting hearings or other proceedings

pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter

16-34 617 of NRS or regulations adopted pursuant to those chapters, may:

16-35 (a) Issue subpoenas requiring the attendance of any witness or the

production of books, accounts, papers, records and documents that are

16-36 relevant to the dispute for which the hearing or other proceeding is being

held.

16-37 (b) Maintain order.

16-38 (c) Permit discovery by deposition or interrogatories.

(d) Initiate and hold conferences for the settlement or simplification of

16-39 issues.

(e) Dispose of procedural requests or similar matters.

16-40 (f) Generally regulate and guide the course of a pending hearing or

16-41 proceeding.

Sec. 42. NRS 616D.065 is hereby amended to read as follows:

16-42 616D.065 1. An appeals officer, in conducting hearings or other

proceedings pursuant to the provisions of chapters 616A to 616D,

16-43 inclusive, or chapter 617 of NRS or regulations adopted pursuant to those

16-44 chapters, may order the attorney or representative of a party to pay any

costs that are incurred by the hearings division of the department of

16-45 administration for a court reporter or an interpreter.

2. Before ordering the payment of such costs, the appeals officer must

16-46 find that the costs were incurred because the attorney or representative of a

16-47 party caused a continuance or delay in a scheduled hearing by his failure,

without good cause, to comply with an order of the appeals officer or a

16-48 regulation adopted pursuant to chapters 616A to 616D, inclusive, or

chapter 617 of NRS.

16-49 Sec. 43. NRS 616D.080 is hereby amended to read as follows:

16-50 616D.080 1. Each officer who serves a subpoena is entitled to

receive the same fees as a sheriff.

16-51 2. Each witness who appears, in obedience to a subpoena which has been issued pursuant to this chapter or chapter 616A, 616B , [or] 616C or

16-52 617 of NRS, before an appeals officer, a hearing officer, the administrator,

the manager or the manager’s designee, is entitled to receive for his

17-1 attendance the fees and mileage provided for witnesses in civil cases in

courts of record.

17-2 3. The appeals officer, hearing officer, administrator, manager or

17-3 manager’s designee shall:

(a) Authorize payment from his administrative budget of the fees and

17-4 mileage due to such a witness; or

(b) Impose those costs upon the party at whose instance the witness was

17-5 subpoenaed or, for good cause shown, upon any other party.

17-6 Sec. 44. NRS 616D.110 is hereby amended to read as follows:

616D.110 1. In addition to any other remedy provided for by law, if

17-7 any employer within the provisions of NRS 616B.633 fails to provide and

secure compensation, or fails to maintain such compensation, under the

17-8 terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the

17-9 administrator may, in order to protect the employees of the employer from

the effect of not having industrial insurance coverage and upon compliance

17-10 with the requirements of subsection 2, order the immediate cessation of all

business operations at the place of employment or jobsite until such time as

17-11 the employer performs all acts and duties enjoined upon him by chapters

17-12 616A to 616D, inclusive, or chapter 617 of NRS as determined necessary

by the administrator in order to provide, secure and maintain compensation

17-13 under those chapters.

2. The order must:

17-14 (a) Include a reference to the particular sections of the statutes or

17-15 regulations alleged to have been violated, and a short, plain statement of the

facts alleged to constitute the violation.

17-16 (b) Provide an opportunity for hearing to the employer on a date fixed in

the order which must not be less than 5 nor more than 15 days after the date

17-17 of the order, unless upon demand of the employer the date is advanced to

17-18 the next business day after the demand is made to the administrator.

An order for summary suspension issued pursuant to this subsection must

17-19 be endorsed with the date and hour of issuance and entered of record in the

office of the administrator.

17-20 3. Immediately upon receiving an order to cease business operations

17-21 under subsection 1, an employer shall order all employees or other persons

to leave the place of employment or jobsite and shall cease all business

17-22 operations thereat.

4. Upon request by the administrator, any law enforcement agency in

17-23 this state shall render any assistance necessary to carry out the requirement

17-24 of subsection 3, including but not limited to preventing any employee or

other person from remaining at the place of employment or jobsite.

Sec. 45. NRS 616D.200 is hereby amended to read as follows:

18-1 616D.200 1. If the administrator finds that an employer within the

18-2 provisions of NRS 616B.633 has failed to provide and secure

compensation as required by the terms of chapters 616A to 616D,

18-3 inclusive, or chapter 617 of NRS or that the employer has provided and

secured that compensation but has failed to maintain it, he shall make a

18-4 determination thereon and may charge the employer an amount equal to the

18-5 sum of:

(a) The premiums that would otherwise have been owed to the system

18-6 pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617

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

18-7 without providing, securing or maintaining that compensation, but not to

18-8 exceed 6 years;

(b) The actual costs incurred by the system in reinstating the policy, but

18-9 not to exceed 10 percent of the premiums owed by the employer; and

(c) Interest at a rate determined pursuant to NRS 17.130 computed from

18-10 the time that the premiums should have been paid.

18-11 2. The administrator shall deliver a copy of his determination to the

employer. An employer who is aggrieved by the determination of the

18-12 administrator may appeal from the determination pursuant to subsection 2

of NRS 616D.220.

18-13 3. Any employer within the provisions of NRS 616B.633 who fails to

18-14 provide, secure or maintain compensation as required by the terms of

chapters 616A to 616D, inclusive, or chapter 617 of NRS, is:

18-15 (a) For the first offense, guilty of a misdemeanor.

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

18-16 the previous offense, guilty of a category C felony and shall be punished as

18-17 provided in NRS 193.130.

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

18-18 pursuant to subsection 1.

Sec. 46. NRS 616D.240 is hereby amended to read as follows:

18-19 616D.240 1. Any employer who makes any charge against any

18-20 employee or who deducts from the wages of any employee any sum of

money to meet the costs, in whole or in part, of the liability incurred by the

18-21 employer by reason of his acceptance or rejection of chapters 616A to

616D, inclusive, or chapter 617 of NRS is guilty of a gross misdemeanor.

18-22 2. An employer who is required to provide compensation pursuant to

18-23 the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS

and who requires an employee to provide or secure such compensation on

18-24 his own behalf is guilty of a gross misdemeanor.

18-25 3. Any employer violating any provision of this section must be

18-26 prosecuted by the attorney general upon complaint of any employee who,

as determined by the attorney general, submits proper evidence of a

18-27 violation.

Sec. 47. NRS 616D.300 is hereby amended to read as follows:

18-28 616D.300 Unless a different penalty is provided pursuant to NRS

18-29 616D.370 to 616D.410, inclusive, a person who knowingly makes a false

statement or representation, including, but not limited to, a false statement

18-30 or representation relating to his identity or the identity of another person, or

who knowingly conceals a material fact to obtain or attempt to obtain any

18-31 benefit, including a controlled substance, or payment under the provisions

18-32 of this chapter or chapter 616A, 616B , [or] 616C or 617 of NRS, either for

himself or for any other person, shall be punished as follows:

18-33 1. If the amount of the benefit or payment obtained or attempted to be

obtained was less than $250, for a misdemeanor.

18-34 2. If the amount of the benefit or payment obtained or attempted to
18-35 be obtained was $250 or more, for a category D felony as provided in NRS

193.130.

18-36 In addition to any other penalty, the court shall order the person to pay

restitution.

18-37 Sec. 48. NRS 616D.310 is hereby amended to read as follows:

18-38 616D.310 A person who knowingly makes a false statement or

representation concerning the employment of a person who is receiving

18-39 benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of

NRS is guilty of a category D felony and shall be punished as provided in

18-40 NRS 193.130.

18-41 Sec. 49. NRS 616D.320 is hereby amended to read as follows:

616D.320 1. An employer shall not knowingly offer employment or

18-42 continue to employ a person who is receiving payments for a temporary

total disability in violation of the provisions of chapters 616A to 616D,

18-43 inclusive, or chapter 617 of NRS or NRS 281.390.

18-44 2. An employer who is convicted of violating the provisions of

subsection 1 is guilty of a gross misdemeanor.

18-45 Sec. 50. NRS 616D.550 is hereby amended to read as follows:

616D.550 1. An insurer, organization for managed care, health care

18-46 provider, employer, third-party administrator or public officer who

18-47 believes, or has reason to believe, that:

(a) A fraudulent claim for benefits under a policy of insurance has been

18-48 made, or is about to be made;

(b) An employer within the provisions of NRS 616B.633 has:

18-49 (1) Knowingly made a false statement or representation concerning

18-50 the amount of payroll upon which a premium is based; or

18-51 (2) Failed to provide and secure compensation under the terms of

chapters 616A to 616D, inclusive, or chapter 617 of NRS or has failed to

18-52 maintain that compensation;

18-53 (c) A provider of health care has submitted an invoice for payment for

accident benefits that contains information which the provider knows is

18-54 false; or

(d) A person has committed any other fraudulent practice under this

18-55 chapter or chapter 616A, 616B, 616C or 617 of NRS,

18-56 shall report that belief to the fraud control unit for industrial insurance

established pursuant to NRS 228.420.

18-57 2. The fraud control unit for industrial insurance established pursuant

to NRS 228.420 may require a person who submits a report pursuant to

18-58 subsection 1 to submit that report on a form prescribed by the unit.

18-59 Sec. 51. NRS 108.590 is hereby amended to read as follows:

108.590 1. Whenever any person receives hospitalization on account

18-60 of any injury, and he, or his personal representative after his death, claims

damages from the person responsible for causing the injury, the hospital

18-61 has a lien upon any sum awarded the injured person or his personal

18-62 representative by judgment or obtained by a settlement or compromise to

the extent of the amount due the hospital for the reasonable value of the

18-63 hospitalization rendered before the date of judgment, settlement or

compromise.

18-64 2. The lien provided by this section is:

18-65 (a) Not valid against anyone coming under the provisions of chapters

616A to 616D, inclusive, or chapter 617 of NRS.

18-66 (b) In addition to the lien provided by NRS 108.662.

Sec. 52. NRS 239A.070 is hereby amended to read as follows:

18-67 239A.070 This chapter does not apply to any subpoena issued pursuant

18-68 to Title 14 or chapters 616A to 616D, inclusive, and chapter 617 of NRS

or prohibit:

18-69 1. Dissemination of any financial information which is not identified

with or identifiable as being derived from the financial records of a

18-70 particular customer.

18-71 2. The attorney general, district attorney, department of taxation,

public administrator, sheriff or a police department from requesting of a

18-72 financial institution, and the institution from responding to the request, as to

whether a person has an account or accounts with that financial institution

18-73 and, if so, any identifying numbers of the account or accounts.

18-74 3. A financial institution, in its discretion, from initiating contact with

and thereafter communicating with and disclosing the financial records of a customer to appropriate 18-75 governmental agencies concerning a suspected

violation of any law.

19-1 4. Disclosure of the financial records of a customer incidental to a

transaction in the normal course of business of the financial institution if

19-2 the director, officer, employee or agent of the financial institution who

makes or authorizes the disclosure has no reasonable cause to believe that

19-3 such records will be used by a governmental agency in connection with an

19-4 investigation of the customer.

5. A financial institution from notifying a customer of the receipt of a

19-5 subpoena or a search warrant to obtain his financial records, except when

ordered by a court to withhold such notification.

19-6 6. The examination by or disclosure to any governmental regulatory

19-7 agency of financial records which relate solely to the exercise of its

regulatory function if the agency is specifically authorized by law to

19-8 examine, audit or require reports of financial records of financial

institutions.

19-9 7. The disclosure to any governmental agency of any financial

19-10 information or records whose disclosure to that particular agency is

required by the tax laws of this state.

19-11 8. The disclosure of any information pursuant to NRS 425.393,

425.400 or 425.460.

19-12 9. A governmental agency from obtaining a credit report or consumer

19-13 credit report from anyone other than a financial institution.

Sec. 53. NRS 244.33505 is hereby amended to read as follows:

19-14 244.33505 1. In a county in which a license to engage in a business is

required, the board of county commissioners shall not issue such a license

19-15 unless the applicant for the license signs an affidavit affirming that the

19-16 business:

(a) Has received coverage by the state industrial insurance system or a

19-17 private carrier as required pursuant to chapters 616A to 616D, inclusive,

and chapter 617 of NRS;

19-18 (b) Maintains a valid certificate of self-insurance pursuant to chapters

19-19 616A to 616D, inclusive, of NRS;

(c) Is a member of an association of self-insured public or private

19-20 employers; or

(d) Is not subject to the provisions of chapters 616A to 616D, inclusive,

19-21 or chapter 617 of NRS.

19-22 2. In a county in which such a license is not required, the board of

county commissioners shall require a business, when applying for a post

19-23 office box, to submit to the board the affidavit required by subsection 1.

3. Each board of county commissioners shall submit to the

19-24 administrator of the division of industrial relations of the department of business and industry 19-25 monthly a list of the names of those businesses which

have submitted an affidavit required by subsections 1 and 2.

4. Upon receiving an affidavit required by this section, a board of

20-1 county commissioners shall provide the owner of the business with a

20-2 document setting forth the rights and responsibilities of employers and

employees to promote safety in the workplace, in accordance with

20-3 regulations adopted by the division of industrial relations of the department

of business and industry pursuant to NRS 618.376.

20-4 Sec. 54. NRS 245.211 is hereby amended to read as follows:

20-5 245.211 1. The board of county commissioners of any county may

establish, by contract or otherwise, and administer a disability pension plan

20-6 or disability insurance program for the benefit of the county sheriff, any

sheriff’s deputy or fireman who is disabled, to any degree, by an injury

20-7 arising out of and in the course of his employment.

20-8 2. The board of county commissioners may adopt ordinances, rules,

regulations, policies and procedures necessary to establish and administer

20-9 the plan or program specified in subsection 1.

3. If a county elects to consider implementation of a plan or program

20-10 specified in subsection 1, or to change the benefits provided by an existing

20-11 plan or program, the persons affected by the proposed plan or program, or

proposed change, may negotiate with the county concerning the nature and

20-12 extent of such plan, program or change. Chapter 288 of NRS [shall apply]

applies to negotiations for this purpose.

20-13 4. The plan or program authorized by this section [shall] must be

20-14 supplemental or in addition to and not in conflict with the coverage,

compensation, benefits or procedure established by or adopted pursuant to

20-15 chapters 616A to 616D, inclusive, or chapter 617 of NRS.

5. The benefits provided for in this section are supplemental to other

20-16 benefits an employee is entitled to receive on account of the same

20-17 disability. In no event shall the benefits provided for in this section, when

added to benefits provided for or purchased by the expenditure of public

20-18 [moneys,] money, exceed the maximum amount of benefits an employee is

entitled to receive if he has been a member of the department or agency for

20-19 10 years or more.

20-20 Sec. 55. NRS 268.0955 is hereby amended to read as follows:

268.0955 1. In an incorporated city in which a license to engage in a

20-21 business is required, the city council or other governing body of the city

shall not issue such a license unless the applicant for the license signs an

20-22 affidavit affirming that the business:

20-23 (a) Has received coverage by the state industrial insurance system or a

private carrier as required pursuant to chapters 616A to 616D, inclusive,

20-24 and chapter 617 of NRS;

(b) Maintains a valid certificate of self-insurance pursuant to chapters

20-25 616A to 616D, inclusive, of NRS;

(c) Is a member of an association of self-insured public or private

21-1 employers; or

(d) Is not subject to the provisions of chapters 616A to 616D, inclusive,

21-2 or chapter 617 of NRS.

21-3 2. In an incorporated city in which such a license is not required, the

city council or other governing body of the city shall require a business,

21-4 when applying for a post office box, to submit to the governing body the

affidavit required by subsection 1.

21-5 3. Each city council or other governing body of an incorporated city

21-6 shall submit to the administrator of the division of industrial relations of the

department of business and industry monthly a list of the names of those

21-7 businesses which have submitted an affidavit required by subsections 1 and

2.

21-8 4. Upon receiving an affidavit required by this section, the city council

21-9 or other governing body of an incorporated city shall provide the applicant

with a document setting forth the rights and responsibilities of employers

21-10 and employees to promote safety in the workplace [,] in accordance with

regulations adopted by the division of industrial relations of the department

21-11 of business and industry pursuant to NRS 618.376.

21-12 Sec. 56. NRS 268.406 is hereby amended to read as follows:

268.406 1. The governing board of any incorporated city may

21-13 establish, by contract or otherwise, and administer a disability pension plan

or disability insurance program for the benefit of any city police officer or

21-14 fireman who is disabled, to any degree, by an injury arising out of and in

21-15 the course of his employment.

2. The governing board may adopt ordinances, rules, regulations,

21-16 policies and procedures necessary to establish and administer the plan or

program specified in subsection 1.

21-17 3. If an incorporated city elects to consider implementation of a plan or

21-18 program specified in subsection 1 [,] or to change the benefits provided by

an existing plan or program, the persons affected by the proposed plan or

21-19 program, or proposed change, may negotiate with the city concerning the

nature and extent of such plan, program or change. Chapter 288 of NRS

21-20 [shall apply] applies to negotiations for this purpose.

21-21 4. The plan or program authorized by this section [shall] must be

supplemental or in addition to and not in conflict with the coverage,

21-22 compensation, benefits or procedure established by or adopted pursuant to

chapters 616A to 616D, inclusive, or chapter 617 of NRS.

21-23 5. The benefits provided for in this section are supplemental to other benefits an employee is 21-24 entitled to receive on account of the same

disability. In no event shall the benefits provided for in this section, when

added to benefits provided for or purchased by the expenditure of public

22-1 [moneys,] money, exceed the maximum amount of benefits an employee is

22-2 entitled to receive if he has been a member of the department or agency for

10 years or more.

22-3 Sec. 57. NRS 280.305 is hereby amended to read as follows:

280.305 1. The committee may establish, by contract or otherwise,

22-4 and administer a disability pension plan or disability insurance program for

22-5 the benefit of any police officer of the department who is disabled, to any

degree, by an injury arising out of and in the course of his employment. The

22-6 cost of the plan or program may be charged, in whole or in part, against the

annual operating budget for the department.

22-7 2. The committee may adopt rules, policies and procedures necessary

22-8 to establish and administer the plan or program specified in subsection 1.

3. If the committee elects to consider implementation of a plan or

22-9 program specified in subsection 1 [,] or to change the benefits provided by

an existing plan or program, the persons affected by the proposed plan or

22-10 program, or proposed change, may negotiate with:

22-11 (a) The committee or two or more persons designated by it; and

(b) The sheriff or a person designated by him,

22-12 concerning the nature and extent of the plan, program or change. Chapter

288 of NRS applies to negotiations for this purpose.

22-13 4. The plan or program authorized by this section must be

22-14 supplemental or in addition to and not in conflict with the coverage,

compensation, benefits or procedure established by or adopted pursuant to

22-15 chapters 616A to 616D, inclusive, or chapter 617 of NRS.

5. The benefits provided for in this section are supplemental to other

22-16 benefits an employee is entitled to receive on account of the same

22-17 disability. In no event may the benefits provided for in this section, when

added to benefits provided for or purchased by the expenditure of public

22-18 money, exceed the maximum amount of benefits an employee is entitled to

receive if he has been a member of the department or agency for 10 years

22-19 or more.

22-20 Sec. 58. NRS 333.020 is hereby amended to read as follows:

333.020 As used in this chapter, unless the context otherwise requires:

22-21 1. "Chief" means the chief of the purchasing division.

2. "Director" means the director of the department of administration.

22-22 3. "Proprietary information" means:

22-23 (a) Any trade secret or confidential business information that is

contained in a bid submitted on a particular contract; or

22-24 (b) Any other trade secret or confidential business information

submitted by a bidder and designated as proprietary by the chief.

22-25 As used in this subsection, "confidential business information" means any

22-26 information relating to the amount or source of any income, profits, losses

22-27 or expenditures of a person, including data relating to cost or price

submitted in support of a bid or proposal. The term does not include the

22-28 amount of a bid or proposal.

22-29 4. "Purchasing division" means the purchasing division of the

department of administration.

22-30 5. "Purchasing officer" means a person who is authorized by the chief

or a using agency to participate in:

22-31 (a) The evaluation of bids or proposals for a contract;

22-32 (b) Any negotiations concerning a contract; or

(c) The development, review or approval of a contract.

22-33 6. "Request for a proposal" means a statement which sets forth the

requirements and specifications of a contract to be awarded by competitive

22-34 selection.

22-35 7. "Trade secret" has the meaning ascribed to it in NRS 600A.030.

8. "Using agencies" means all officers, departments, institutions,

22-36 boards, commissions and other agencies in the executive department of the

state government which derive their support from public money in whole or

22-37 in part, whether the money is provided by the State of Nevada, received

22-38 from the Federal Government or any branch, bureau or agency thereof, or

derived from private or other sources, except the Nevada rural housing

22-39 authority, local governments as defined in NRS 354.474, conservation

districts, irrigation districts, the state industrial insurance system and the

22-40 University and Community College System of Nevada.

22-41 9. "Volunteer fire department" means a volunteer fire department

which pays premiums for industrial insurance pursuant to the provisions of

22-42 chapters 616A to 616D, inclusive, or chapter 617 of NRS.

Sec. 59. NRS 396.251 is hereby amended to read as follows:

22-43 396.251 1. The board of regents may establish policies and

22-44 procedures for personnel which govern student employees, physicians

engaged in a program for residency training and postdoctoral fellows of the

22-45 system and which are separate from the policies and procedures established

for the unclassified personnel of the system. Any such policy or procedure

22-46 does not diminish the eligibility of those persons for coverage as employees

22-47 under the provisions of chapters 616A to 616D, inclusive, or chapter 617

of NRS.

22-48 2. In establishing policies and procedures pursuant to subsection 1, the

board of regents is not bound by any of the other provisions of this chapter

22-49 or the provisions of Title 23 of NRS. Those provisions do not apply to a

22-50 student employee, a physician engaged in a program for residency training

or a postdoctoral fellow of the system unless otherwise provided by the

22-51 board of regents.

22-52 Sec. 60. NRS 412.142 is hereby amended to read as follows:

22-53 412.142 1. Except as otherwise provided in subsection 2:

(a) In all cases in which any member of the militia of the state is

22-54 wounded, injured, disabled or killed while in the line of duty in the service

of the state, the member or the dependents of the member are entitled to

22-55 receive compensation from the State of Nevada, in accordance with the

22-56 provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. If

that wound, injury or disability is aggravated or recurs while the member is

22-57 in the line of duty in the service of the state, the member or his dependents

are also entitled to receive such compensation.

22-58 (b) In all cases, the disabled or deceased member shall be deemed to be

22-59 an employee of the State of Nevada. The compensation to be awarded to

the member or to the dependents of the member must be determined upon

22-60 the basis of his average income from all sources during the year

immediately preceding the date of his injury or death or the commencement

22-61 of his disability, but the compensation must not exceed the maximum

22-62 prescribed in chapters 616A to 616D, inclusive, or chapter 617 of NRS.

2. The provisions of this section do not apply to a member of the

22-63 militia of the state or any dependents of the member who is receiving or is

entitled to receive compensation or benefits for an injury, wound, illness,

22-64 disability or death described in this section pursuant to any law or

22-65 regulation of the Federal Government, if:

(a) The federal compensation or benefits arise from military duties

22-66 performed pursuant to Title 10 or Title 32 of the United States Code; and

(b) The wound, injury, illness or disability is not an aggravation or

22-67 recurrence of a wound, injury, illness or disability that arose from previous

22-68 duties performed pursuant to Title 10 or Title 32 of the United States Code.

Sec. 61. NRS 414.110 is hereby amended to read as follows:

22-69 414.110 1. All functions under this chapter and all other activities

relating to emergency management are hereby declared to be governmental

22-70 functions. Neither the state nor any political subdivision thereof nor other

22-71 agencies of the state or political subdivision thereof, nor except in cases of

willful misconduct, gross negligence, or bad faith, any worker complying

22-72 with or reasonably attempting to comply with this chapter, or any order or

regulation promulgated pursuant to the provisions of this chapter, or

22-73 pursuant to any ordinance relating to black out or other precautionary

22-74 measures enacted by any political subdivision of the state, is liable for the

death of or injury to persons, or for damage to property, as a result of any such activity. The provisions 22-75 of this section do not affect the right of any

person to receive benefits to which he would otherwise be entitled under

23-1 this chapter, or under the provisions of chapters 616A to 616D, inclusive,

or chapter 617 of NRS, or under any pension law, nor the right of any such

23-2 person to receive any benefits or compensation [under any Act] pursuant

to any act of Congress.

23-3 2. Any requirement for a license to practice any professional,

23-4 mechanical or other skill does not apply to any authorized worker who, in

the course of performing his duties as such, practices that professional,

23-5 mechanical or other skill during an emergency.

3. As used in this section, the term "worker" includes any full-time or

23-6 part-time paid, volunteer or auxiliary employee of this state, of any political

23-7 subdivision thereof, of other states, territories, possessions or the District of

Columbia, of the Federal Government, of any neighboring country, or of

23-8 any political subdivision thereof, or of any agency or organization,

performing services for emergency management at any place in this state

23-9 subject to the order or control of, or pursuant to a request of, the state

23-10 government or any political subdivision thereof.

Sec. 62. NRS 475.230 is hereby amended to read as follows:

23-11 475.230 1. Any fire department which engages in fighting a fire on

property owned by the state within the jurisdictional limits of the fire

23-12 department may submit a claim to the secretary of the state board of

23-13 examiners to recover any direct expenses and losses incurred as a result of

fighting that fire.

23-14 2. The claim must include:

(a) The name, address and jurisdictional limits of the fire department;

23-15 (b) The name, address and telephone number of the person making the

23-16 claim on behalf of the fire department;

(c) The name and address, if known, of the state agency having

23-17 jurisdiction over the property on which the fire occurred;

(d) The exact location of the fire;

23-18 (e) A description of the property burned;

23-19 (f) The number and classification of the personnel and the number and

type of equipment used to fight the fire;

23-20 (g) A copy of the fire report; and

(h) An itemized list of direct expenses and losses incurred while fighting

23-21 the fire including the purchase cost, estimated cost of repairs and a

23-22 statement of depreciated value immediately preceding and after the damage

to or destruction of any equipment and the extent of any insurance

23-23 coverage.

3. As used in this section, "direct expenses and losses" means certain

23-24 expenses and losses which were incurred while fighting a fire on property

23-25 owned by the state. The term is limited to:

(a) The depreciated value, if any, of any equipment or vehicle which

23-26 was damaged or destroyed; and

23-27 (b) If the employer maintains a plan which supplements coverage for

23-28 workers’ compensation provided pursuant to chapters 616A to 616D,

inclusive, or chapter 617 of NRS by the state industrial insurance system

23-29 and , if the benefits are provided from public money and not by an insurer,

any injury or death benefits which would have been paid by the employer

23-30 from public money.

23-31 Sec. 63. NRS 624.256 is hereby amended to read as follows:

624.256 1. Before granting an original or renewal of a contractor’s

23-32 license to any applicant, the board shall require that the applicant submit to

the board:

23-33 (a) Proof of industrial insurance and insurance for occupational diseases

23-34 which covers his employees;

(b) A copy of his certificate of qualification as a self-insured employer

23-35 which was issued by the commissioner of insurance;

(c) If the applicant is a member of an association of self-insured public

23-36 or private employers, a copy of the certificate issued to the association by

23-37 the commissioner of insurance; or

(d) An affidavit signed by the applicant affirming that he is not subject

23-38 to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of

NRS because:

23-39 (1) He has no employees;

23-40 (2) He is not or does not intend to be a subcontractor for a principal

contractor; and

23-41 (3) He has not or does not intend to submit a bid on a job for a

principal contractor or subcontractor.

23-42 2. The board shall notify the fraud control unit for industrial insurance

23-43 established pursuant to NRS 228.420 whenever the board learns that an

applicant or holder of a contractor’s license has engaged in business as or

23-44 acted in the capacity of a contractor within this state without having

obtained industrial insurance or insurance for occupational diseases in

23-45 violation of the provisions of chapters 616A to 617, inclusive, of NRS.

23-46 Sec. 64. NRS 624.322 is hereby amended to read as follows:

624.322 1. If, through no fault or act of a prime contractor or anyone

23-47 employed by him, the owner fails to pay that contractor:

(a) Pursuant to their schedule for payments under the contract, or within

23-48 a reasonable time after maturity and presentation of charges if no schedule

23-49 is established;

(b) Any sum certified by the architect, engineer or other supervisory

23-50 agent of the owner; or

(c) Such sum as is otherwise properly due,

23-51 or if the owner through his own act or neglect, excluding acts of God,

23-52 floods, fires or strikes, causes the work to be stopped for a period of 5

23-53 working days or more, the contractor may, after 5 working days’ written

notice to the owner, stop work or terminate the contract and recover from

23-54 the owner payment for all work executed.

23-55 2. If, through no fault of a subcontractor or anyone employed by him,

the contractor fails to pay that subcontractor:

23-56 (a) Pursuant to the schedule for payments under the subcontract, or

within a reasonable time after maturity and presentation of charges if no

23-57 schedule is established;

23-58 (b) Any sum certified by the architect, engineer or other supervisory

agent of the owner or contractor; or

23-59 (c) Such sum as is otherwise properly due,

or if the contractor through his own acts or neglect, excluding acts of God,

23-60 floods, fires or strikes, causes the work to be stopped for a period of 5

23-61 working days or more, the subcontractor may, after 5 working days’ written

notice to the owner and the contractor, stop work or terminate the

23-62 subcontract and recover from the contractor payment for all work executed.

The subcontractor may not be held liable for nonperformance of that

23-63 subcontract and for the cost incurred by the contractor to complete the

23-64 work.

3. The provisions of subsection 2 do not apply if the contractor’s

23-65 failure to pay is caused by his need to withhold money pursuant to an

official notice from a state agency that he is liable to make payments or

23-66 contributions for the subcontractor pursuant to chapter 608 or 612 or

23-67 chapters 616A to 616D, inclusive, or chapter 617 of NRS.

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