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
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: 608.150 1. Every original contractor making or taking any contract in1-3
this state for the erection, construction, alteration or repair of any building1-4
or structure, or other work, shall assume and is liable for the indebtedness1-5
for labor incurred by any subcontractor or any contractors acting under, by1-6
or for the original contractor in performing any labor, construction or other1-7
work included in the subject of the original contract, for labor, and for the1-8
requirements imposed by chapters 616A to 616D, inclusive, and chapter1-9
617 of NRS.1-10
2. It is unlawful for any contractor or any other person to fail to comply1-11
with the provisions of subsection 1, or to attempt to evade the responsibility1-12
imposed thereby, or to do any other act or thing tending to render nugatory1-13
the provisions of this section.1-14
3. The district attorney of any county wherein the defendant may reside1-15
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 civil1-17
action for the amount of all wages and damage that may be owing or have2-1
accrued as a result of the failure of any subcontractor acting under the2-2
original contractor, and any property of the original contractor, not exempt2-3
by law, is subject to attachment and execution for the payment of anyjudgment 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:
612.530 1. Within 10 days after the decision of the board of review2-6
has become final, any party aggrieved thereby or the administrator maysecure 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 theadministrator for the review of the decision, in which action any other party
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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 muststate 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 maydesignate, 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 the2-12
petition as there are defendants, and the administrator shall forthwith mailone such copy to each such defendant.
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3. With his answer or petition, the administrator shall certify and filewith the court originals or true copies of all documents and papers and a
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transcript of all testimony taken in the matter, together with the board of2-15
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
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decision.4. In any judicial proceedings under this section, the finding of the
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board of review as to the facts, if supported by evidence and in the absence2-18
of fraud, is conclusive, and the jurisdiction of the court is confined toquestions of law.
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5. Such actions, and the questions so certified, must be heard in asummary manner and must be given precedence over all other civil cases
2-20
except cases arising under chapters 616A to 616D, inclusive, or chapter2-21
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 theprovisions of this chapter, as is provided in civil cases.
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7. It is not necessary, in any judicial proceeding under this section, to2-24
enter exceptions to the rulings of the board of review, and no bond may berequired for entering such appeal.
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8. Upon the final determination of such judicial proceeding, the boardof 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 stay2-27
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 the2-30
provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRSand 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 CivilProcedure in connection therewith for the enforcement thereof.
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2. Verification of any pleading, affidavit or other paper required may2-33
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 theadministrator.
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Sec. 4. NRS 616A.420 is hereby amended to read as follows: 616A.420 1. The administrator may enter into agreements orcompacts with appropriate agencies, bureaus, boards or commissions of
2-37
other states concerning matters of mutual interest, extraterritorial problemsin the administration of chapters 616A to 616D, inclusive,
or chapter 6172-38
of NRS, and2-39
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 616Ato 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: 616A.475 1. Every employer insured by the system shall furnish thesystem or the administrator, upon request, all information required to carry
2-43
out the purposes of chapters 616A to 616D, inclusive, or chapter 617 ofNRS. The administrator, or any person employed by the administrator for
2-44
that purpose, may examine, under oath, any employer or officer, agent or2-45
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, uponrequest, all information required to carry out the purposes of chapters 616A
2-47
to 616D, inclusive, or chapter 617 of NRS. The administrator or any2-48
person employed by him for that purpose, may examine, under oath, anyemployer or officer, agent or employee thereof.
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3. Every insured employer shall keep on hand constantly a sufficientsupply of blank forms furnished by the insurer.
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Sec. 6. NRS 616B.012 is hereby amended to read as follows: 616B.012 1. Except as otherwise provided in this section and in NRS616B.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’s2-53
identity.2. Any claimant or his legal representative is entitled to information
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from the records of the insurer, to the extent necessary for the properpresentation of a claim in any proceeding under chapters 616A to 616D,
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inclusive, or chapter 617 of NRS.3-3
3. The division and administrator are entitled to information from therecords of the insurer which is necessary for the performance of their
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duties. The administrator may, by regulation, prescribe the manner in whichotherwise confidential information may be made available to:
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(a) Any agency of this or any other state charged with the administration3-6
or enforcement of laws relating to industrial insurance, unemploymentcompensation, public assistance or labor law and industrial relations;
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(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; and3-9
(e) The state contractors’ board in the performance of its duties toenforce the provisions of chapter 624 of NRS.
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Information obtained in connection with the administration of a program ofindustrial insurance may be made available to persons or agencies for
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purposes appropriate to the operation of a program of industrial insurance.3-12
4. Upon written request made by a public officer of a localgovernment, an insurer shall furnish from its records
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and place of employment of any person listed in its records. The requestmust 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 the3-15
local government certifying that the request is made to allow the properauthority to enforce a law to recover a debt or obligation owed to the local
3-16
government. The information obtained by the local government isconfidential 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. The3-18
insurer may charge a reasonable fee for the cost of providing the requestedinformation.
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5. To further a current criminal investigation, the chief executiveofficer of any law enforcement agency of this state may submit to the
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administrator a written request for the name, address and place of3-21
employment of any person listed in the records of an insurer. The requestmust 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 executiveofficer certifying that the request is made to further a criminal investigation
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currently being conducted by the agency. Upon receipt of a request, the3-24
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 coverany related administrative expenses.
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6. The administrator shall provide lists containing the names andaddresses of employers, the number of employees employed by each
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employer and the total wages paid by each employer to the department oftaxation, upon request, for its use in verifying returns for the business tax.
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The administrator may charge a reasonable fee to cover any related4-4
administrative expenses.7. Any person who, in violation of this section, discloses information
4-5
obtained from files of claimants or policyholdersclaimants or policyholders under chapters 616A to 616D, inclusive,
or4-6
chapter 617 of NRS and uses or permits the use of the list for any political4-7
purposes, is guilty of a gross misdemeanor.8. All letters, reports or communications of any kind, oral or written,
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from the insurer, or any of its agents, representatives or employees areprivileged and must not be the subject matter or basis for any lawsuit if the
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letter, report or communication is written, sent, delivered or prepared4-10
pursuant to the requirements of chapters 616A to 616D, inclusive, orchapter 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
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records and files of the division concerning self-insured employers and4-13
associations of self-insured public or private employers are confidential andmay be revealed in whole or in part only in the course of the administration
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of the provisions of chapters 616A to 616D, inclusive, or chapter 617 ofNRS relating to those employers or upon the lawful order of a court of
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competent jurisdiction.4-16
2. The records and files specified in subsection 1 are not confidential inthe following cases:
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(a) Testimony by an officer or agent of the division and the productionof 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 thefacts shown thereby, are involved in the action or proceeding.
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(b) Delivery to a self-insured employer or an association of self-insuredpublic or private employers of a copy of any document filed by the
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employer with the division pursuant to the provisions of chapters 616A to4-22
616D, inclusive, or chapter 617 of NRS.(c) Publication of statistics if classified so as to prevent:
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(1) Identification of a particular employer or document; or(2) Disclosure of the financial or business condition of a particular
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employer or insurer.4-25
(d) Disclosure in confidence, without further distribution or disclosure(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 inpursuance of an audit;
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(3) The attorney general or other legal representative of the state inconnection with an action or proceeding conducted pursuant to the
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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 theadministration or enforcement of the laws relating to workers’
5-6
compensation or unemployment compensation; or(5) Any federal, state or local law enforcement agency.
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(e) Disclosure in confidence by a person who receives information5-8
pursuant to paragraph (d) to a person in furtherance of the administration orenforcement of the laws relating to workers’ compensation or
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unemployment compensation.3. As used in this section:
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(a) "Division" means the division of insurance of the department of5-11
business and industry.(b) "Records and files" means:
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(1) All credit reports, references, investigative records, financialinformation and data pertaining to the net worth of a self-insured employer
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or association of self-insured public or private employers; and5-14
(2) All information and data required by the division to be furnishedto it pursuant to chapters 616A to 616D, inclusive,
or chapter 617 of NRS5-15
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: 616B.074 Subject to the limitations of chapters 616A to 616D,inclusive,
and chapter 617 of NRS and the budget prescribed by the5-21
manager, the system must be administered by the manager, assistantmanagers, and a staff appointed by the manager.
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Sec. 10. NRS 616B.089 is hereby amended to read as follows: 616B.089 The State of Nevada is not liable for the payment of anycompensation or any salaries or expenses in the administration of chapters
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616A to 616D, inclusive, or chapter 617 of NRS, but is responsible for thesafety and preservation of the state insurance fund.
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Sec. 11. NRS 616B.095 is hereby amended to read as follows:616B.095 If the provisions of NRS 616B.218, 616B.224 and
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616B.230 for the creation of a state insurance fund, or the provisions ofchapters 616A to 616D, inclusive,
or chapter 617 of NRS making the6-3
compensation to the workman provided in those chapters exclusive of any6-4
other remedy on the part of the workman,of those chapters
6-5
of NRS 616B.101, and an accounting according to the justice of the case[
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adjudication of invalidity of any part of this chapter or chapter 616A, 616C6-7
,those chapters as a whole or any part thereof.
6-8
Sec. 12. NRS 616B.167 is hereby amended to read as follows: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 anypower, authority or jurisdiction over the system, either in the administration
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of the system or in connection with the business of insurance to be carriedon by the system under the provisions of chapters 616A to 616D, inclusive,
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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 fivepersons
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or an assistant manager. The manager shall designate these positionsmay not change them without the approval of the personnel commission.
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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
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provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS,the manager may contract with private persons for the provision of any
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services necessary or appropriate to carry out the functions and duties of6-19
the system. The contracts must be awarded pursuant to reasonablecompetitive bidding procedures as established by the manager.
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Sec. 14. NRS 616B.194 is hereby amended to read as follows:616B.194 Each insurer shall cooperate with the commissioner in the
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performance of his duties pursuant to chapters 616A to 616D, inclusive, or6-22
chapter 617 of NRS. Each private carrier and the system shall provide thecommissioner with any information, statistics or data in its records which
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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
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an association of self-insured public or private employers.Sec. 15. NRS 616B.224 is hereby amended to read as follows:
616B.224 1. Every employer who is not a self-insured employer or amember 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 and7-3
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 to26 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 of7-6
the commissioner,together with the premium due thereon. The payroll and premium must be
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furnished to the insurer on or before the date established by the insurer forthe receipt of the payroll and premium.
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2. Any employer by agreement in writing with the insurer may arrange7-9
for the payment of premiums in advance at an interval established by theinsurer.
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3. Failure of any employer to comply with the provisions of this sectionand NRS 616B.218 operates as a rejection of chapters 616A to 616D,
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inclusive, and chapter 617 of NRS, effective at the expiration of the period7-12
covered by his estimate. The insurer shall notify the administrator of eachsuch rejection.
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4. If an audit of the accounts or actual payroll of an employer showsthat the actual premium earned exceeds the estimated premium paid in
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advance, the insurer may require the payment of money sufficient to cover7-15
the deficit, together with such amount as in his judgment constitutes anadequate advance premium for the period covered by the estimate.
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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
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section. The notice or its omission does not modify or waive the7-18
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 thepremiums which are due for the failure of an employer insured by the
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system to submit the information and premium required in subsection 17-21
within the time allowed, unless the employer has applied for and beengranted an extension of that time by the manager.
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7. To the extent permitted by federal law, the insurer shall vigorouslypursue the collection of premiums that are due under the provisions of
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chapters 616A to 616D, inclusive, and chapter 617 of NRS even if an7-24
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:
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(a) Make a copy of each report that an employee files with the employer7-27
pursuant to 26 U.S.C. § 6053(a) to report the amount of his tips to theUnited States Internal Revenue Service;
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(b) Submit the copy to the system or private carrier upon request andretain another copy for his records or, if the employer is self-insured or a
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member of an association of self-insured public or private employers, retain7-30
the copy for his records; and(c) If he is not self-insured or a member of an association of self-insured
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public or private employers, pay the system or private carrier the premiumsfor the reported tips at the same rate as he pays on regular wages.
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2. The division shall adopt regulations specifying the form of the7-33
declaration required pursuant to subsection 1.3. The system, private carrier, self-insured employer or association
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shall calculate compensation for an employee on the basis of wages paid bythe employer plus the amount of tips reported by the employee pursuant to
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26 U.S.C. § 6053. Reports made after the date of injury may not be used7-36
for the calculation of compensation.4. An employer shall notify his employees of the requirement to report
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income from tipsincome tax and
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benefits pursuant to chapters 616A to 616D, inclusive, and chapter 617 of7-39
NRS.5. The administrator shall adopt such regulations as are necessary to
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carry out the provisions of this section.Sec. 17. NRS 616B.239 is hereby amended to read as follows:
616B.239 1. At any time within 3 years after:7-42
(a) Any premium or any amount of a premium required by chapters616A to 616D, inclusive,
or chapter 617 of NRS becomes due;7-43
(b) The delinquency of any premium or any amount of a premiumrequired by chapters 616A to 616D, inclusive, or chapter 617 of NRS; or
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(c) The recording of a certificate pursuant to NRS 616B.257,7-45
the manager or his authorized representative may bring an action in thecourts of this state, or any other state, or of the United States, in the name
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of the system, to collect the amount delinquent together with penalties andinterest.
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2. In the action a writ of attachment may issue, and no bond or affidavit7-48
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 thedelinquency 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 chapter617
of NRS in relation to the computation and determination of the8-2
amounts.Sec. 18. NRS 616B.248 is hereby amended to read as follows:
616B.248 1. Whenever the manager finds that the collection of any8-4
premium computed pursuant to the provisions of chapters 616A to 616D,inclusive,
or chapter 617 of NRS will be jeopardized by delay, he may8-5
immediately assess the premium and all penalties and interest which mayhave accrued, whether or not the final date otherwise prescribed for making
8-6
the premium has arrived. Upon assessment, the premium is immediately8-7
due, the premium and all penalties and interest which may have accrued areimmediately payable
8-8
upon the employer. If the employer fails or refuses to pay the assessedpremium, penalties and interest, collection of the payment may be enforced
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according to the provisions of law applicable to the collection of unpaid8-10
premiums.2. When a jeopardy assessment has been made as provided in
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subsection 1, the employer may stay its collection until such time as thepremiums for the period in question would normally become due
8-12
filing a bond with the manager which is executed by the employer as8-13
principalas surety
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premium at the proper time. The amount of the required security must beequal to the amount of the assessment
8-15
integral multiple of $100.8-16
3. In lieu of a bond, the employer may deposit with the manager a likeamount 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 savingscertificate, certificate of deposit or investment certificate, the certificate
8-18
must state that the amount is not available for withdrawal except upon order8-19
of the manager.Sec. 19. NRS 616B.254 is hereby amended to read as follows:
616B.254 1. As used in this section, "person" includes this stateand any county, municipality, district or other political subdivision thereof.
8-21
2. If any employer is delinquent in the payment of the amount of any8-22
premium, penalty or interest required by chapters 616A to 616D, inclusive,or chapter 617
of NRS or a determination has been made against him8-23
which remains unpaid, the manager may, not later than 3 years after thepayment 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 the8-25
delinquency personally or by registered or certified mail to any person having in his possession or under his control any money, credits or other8-26
personal property belonging to the delinquent employer8-27
debts to the delinquent employer at the time of the receipt of the registered8-28
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 the8-31
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 propertyin 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 until8-34
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 propertydebts 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 adeposit 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 thebranch 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 personso 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 theamount 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 chapter8-43
617 of NRS from the person with respect to whose obligation the noticewas 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 whoseobligation the notice was given.
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8. Upon the demand of the manager, the person shall remit or deliver8-46
to the manager the money, credit or other personal property up to theamount 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 NRS8-49
is not paid when due, the manager may, within 3 years after the amount isdue, 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 penaltiesdue, 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 617of NRS in relation to the determination of the amount required to be paid
[
9-1
amount required to be paid, including interest and penalties, as set forth in9-2
the certificate.Sec. 21. NRS 616B.269 is hereby amended to read as follows:
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 sells9-5
out its business, or any portion of its business, or stock of goods, or quitsthe 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 areceipt 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 stockof 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 amountrequired 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 purchaser9-11
for a certificate, or within 60 days after the date the former owner’s recordsare made available for audit, whichever period expires later, but not later
9-12
than 90 days after receiving the request, the manager shall issue thecertificate 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 condition9-14
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 of9-17
goods or at the time that the determination against the person or businessbecomes 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 todo so by the commissioner;
9-22
(2) The self-insured employer fails to provide evidence of excess9-23
insurance pursuant to NRS 616B.300 within 45 days after he has been soordered; or
9-24
(3) The employer becomes insolvent, institutes any voluntaryproceeding 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 thecommissioner regarding reports or other requirements necessary to carry
10-2
out the purposes of chapters 616A to 616D, inclusive, and chapter 617 of10-3
NRS;(2) The employer violates the provisions of subsection 2 of NRS
10-4
616B.500 or any regulation adopted by the commissioner or theadministrator concerning the administration of the employer’s plan of self-
10-5
insurance; or10-6
(3) The employer makes a general or special assignment for thebenefit 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 an10-9
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 tosubparagraph (3) of paragraph (a) of subsection 1, reinstate the employer’s
10-11
certificate for a reasonable period to allow the employer sufficient time to10-12
provide industrial insurance for his employees.Sec. 23. NRS 616B.324 is hereby amended to read as follows:
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 or10-15
chapter 616A, 616C ,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 for10-18
providing compensation due the employees of the members of theassociation 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 is10-21
relieved from other liability for personal injury to the same extent as areother employers.
10-22
3. The claims of employees and their beneficiaries resulting frominjuries 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, of10-24
NRS, and the association is subject to the regulations of the division withrespect thereto.
4. The security deposited pursuant to NRS 616B.353 does not relieve
11-1
an association from responsibility for the administration of claims and11-2
payment of compensation under chapters 616A toof 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 otherwiseprovided 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 anypenalty, 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 ,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; or11-16
(h) The association or its third-party administrator misappropriates,11-17
converts, illegally withholds or refuses to pay any money to which a personis entitled and that was entrusted to the association in its fiduciary capacity.
11-18
3. If the commissioner withdraws the certification of an association ofself-insured public or private employers, each employer who is a member
11-19
of the association remains liable for his obligations incurred before and11-20
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 anemployer pursuant to NRS 616B.650.
11-22
Sec. 26. NRS 616B.503 is hereby amended to read as follows: 616B.503 1. A person shall not act as a third-party administrator foran 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 chapters11-26
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 andmaintain in those offices all of the records concerning those claims;
11-28
(b) Administer each plan of insurance directly, without subcontracting11-29
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 ofthe records in his possession concerning claims arising under the plan of
11-31
insurance.11-32
3. The commissioner may, under exceptional circumstances, waive therequirements 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 any11-35
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 ofchapters 616A to 616D, inclusive,
or chapter 617 of NRS; or11-37
2. Violates any provision of NRS 616B.503 or any regulation adopted11-38
by the commissioner or the administrator concerning the administration ofthe 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 the11-41
provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRSwhile the employee is temporarily within this state doing work for his
11-42
employer if his employer has furnished industrial insurance pursuant to the[
11-43
of a state other than Nevada so as to cover the employee’s employment11-44
while in this state(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 the11-47
Industrial Insurance Act or similar laws of the other state.The benefits provided in the
11-48
Insurance Act or similar laws of the other state are the exclusive remedyagainst 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 andhas provided extraterritorial coverage insuring his employees while
12-2
working within this state is prima facie evidence that the employer carried12-3
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 thescope of his license.
12-5
4. An employer is not required to maintain coverage for industrial12-6
insurance in this state for an employee who has been hired or is regularlyemployed 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 theemployee 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 for12-9
compensation must be filed in the state in which the accident occurred, andsuch compensation is the exclusive remedy of the employee or his
12-10
dependents. This subsection does not prevent an employer frommaintaining 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 rejection12-15
becomes effective if any are due. The premiums may be recovered in anaction 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 theage 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 beregarded in chapters 616A to 616D, inclusive,
or chapter 617 of NRS as12-20
parents if the fact of dependency is shown, and a stepchild or stepchildren12-21
may be regarded in chapters 616A to 616D, inclusive, or chapter 617 ofNRS 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 tothe 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 entitled13-2
thereto3. 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: 616C.090 1. The administrator shall establish a panel of physiciansand chiropractors who have demonstrated special competence and interest
13-6
in industrial health to treat injured employees under chapters 616A to616D, inclusive,
or chapter 617 of NRS. Every employer whose insurer13-7
has not entered into a contract with an organization for managed care13-8
pursuant to NRS 616B.515 shall maintain a list of those physicians andchiropractors on the panel who are reasonably accessible to his employees.
13-9
2. An injured employee whose insurer has not entered into a contractwith an organization for managed care may choose his treating physician or
13-10
chiropractor from the panel of physicians and chiropractors. If the injured13-11
employee is not satisfied with the first physician or chiropractor he sochooses, 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. Theinsurer shall notify the first physician or chiropractor in writing. The notice
13-13
must be postmarked within 3 working days after the insurer receives13-14
knowledge of the change. The first physician or chiropractor must bereimbursed 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 theapproval 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 injured13-17
employee. If no action is taken on the request within 10 days, the requestshall be deemed granted. Any request for a change of physician or
13-18
chiropractor must include the name of the new physician or chiropractorchosen by the injured employee.
13-19
3. An injured employee employed or residing in any county in this state13-20
whose insurer has entered into a contract with an organization for managedcare must choose his treating physician or chiropractor pursuant to the
13-21
terms of that contract. If the employee, after choosing his treating physicianor 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 the13-23
employee to continue treatment with the physician or chiropractor, theemployee must choose a treating physician or chiropractor who has agreed
13-24
to the terms of that contract unless the insurer authorizes the employee tochoose another physician or chiropractor.
14-1
4. Except when emergency medical care is required and except asotherwise provided in NRS 616C.055, the insurer is not responsible for any
14-2
charges for medical treatment or other accident benefits furnished orordered by any physician, chiropractor or other person selected by the
14-3
employee in disregard of the provisions of this section or for any14-4
compensation for any aggravation of the employee’s injury attributable toimproper treatments by such physician, chiropractor or other person.
14-5
5. The administrator may order necessary changes in a panel ofphysicians 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 onephysician 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:
616C.095 The physician or chiropractor shall inform the injured14-10
employee of his rights under chapters 616A to 616D, inclusive, or chapter617
of NRS and lend all necessary assistance in making application for14-11
compensation and such proof of other matters as required by the rules ofthe division, without charge to the employee.
14-12
Sec. 33. NRS 616C.120 is hereby amended to read as follows: 616C.120[
14-14
providing for treatment for his injuries or disease through prayer or otherspiritual means in accordance with the tenets and practices of a recognized
14-15
church, which treatment is recognized in this state in lieu of medical14-16
treatment.Sec. 34. NRS 616C.205 is hereby amended to read as follows:
616C.205 Except as otherwise provided in this section and NRS31A.150 and 31A.330, compensation payable under chapters 616A to
14-18
616D, inclusive, or chapter 617 of NRS, whether determined or due, or14-19
not, is not, before the issuance and delivery of the check, assignable, isexempt 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 injuredemployee covered by chapters 616A to 616D, inclusive,
or chapter 617 of14-21
NRS from causes independent from the injury for which compensation is14-22
payable, any compensation due the employee which was awarded oraccrued 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 NRS616C.505.
14-24
Sec. 35. NRS 616C.210 is hereby amended to read as follows: 616C.210 1. The insurer shall notify a dependent of a deceased employee who is residing outside of the United States by certified mail at14-26
his last known address if compensation is due the decedent or beneficiary14-27
pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. The14-28
dependent may request that payment be made directly to him within 90calendar days after the notice was mailed. The insurer shall pay
14-29
compensation which is due a beneficiary directly to the beneficiary if thebeneficiary 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 madedirectly 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 consul14-34
general, vice consul general, consul or vice consul, of any compensationdue under chapters 616A to 616D, inclusive,
or chapter 617 of NRS to any14-35
dependent residing outside of the United States, any power of attorney toreceive 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 as14-37
if payments were made directly to the beneficiary.Sec. 36. NRS 616C.215 is hereby amended to read as follows:
616C.215 1. If an injured employee or, in the event of his death, hisdependents, 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 ofNRS 616A.020, receive payment from the employer for that injury:
14-41
(a) The amount of compensation the injured employee or his dependentsare entitled to receive pursuant to the provisions of chapters 616A to 616D,
14-42
inclusive, or chapter 617 of NRS, including any future compensation, must14-43
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 alien upon the total amount paid by the employer if the injured employee or
14-45
his dependents receive compensation pursuant to the provisions of chapters14-46
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 orotherwise. 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 employer14-49
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, orchapter 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 the14-52
same employ, to pay damages in respect thereof:14-53
(a) The injured employee, or in case of death his dependents, may takeproceedings against that person to recover damages, but the amount of the
14-54
compensation the injured employee or his dependents are entitled to14-55
receive pursuant to the provisions of chapters 616A to 616D, inclusive, orchapter 617
of NRS, including any future compensation, must be reduced14-56
by the amount of the damages recovered, notwithstanding any act oromission 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, receivecompensation pursuant to the provisions of chapters 616A to 616D,
14-59
inclusive, or chapter 617 of NRS, the insurer, or in case of claimsinvolving 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 pay14-61
damages and is subrogated to the rights of the injured employee or of hisdependents to recover therefor.
14-62
3. When an injured employee incurs an injury for which compensationis payable pursuant to the provisions of chapters 616A to 616D, inclusive,
14-63
or chapter 617 of NRS and which was caused under circumstances14-64
entitling him, or in the case of death his dependents, to receive proceedsunder his employer’s policy of uninsured or underinsured vehicle coverage:
14-65
(a) The injured employee, or in the case of death his dependents, maytake proceedings to recover those proceeds, but the amount of
14-66
compensation the injured employee or his dependents are entitled to14-67
receive pursuant to the provisions of chapters 616A to 616D, inclusive, orchapter 617
of NRS, including any future compensation, must be reduced14-68
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 claimsinvolving the uninsured employers’ claim fund or a subsequent injury fund
14-71
the administrator, is subrogated to the rights of the injured employee or hisdependents to recover proceeds under the employer’s policy of uninsured
14-72
or underinsured vehicle coverage. The insurer and the administrator are not14-73
subrogated to the rights of an injured employee or his dependents under apolicy 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 of14-76
compensation, accident benefits and other expenditures which the insurer, the uninsured employers’ claim fund or a subsequent injury fund have paid14-77
or become obligated to pay by reason of the injury or death of the employee14-78
is admissible. If in such action or proceedings the insurer or the14-79
administrator recovers more than those amounts, the excess must be paid tothe injured employee or his dependents.
14-80
5. In any case where the insurer or the administrator is subrogated tothe 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 total14-82
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 hisdependents, are not entitled to double recovery for the same injury,
14-84
notwithstanding any act or omission of the employer or a person in the14-85
same employ which was a direct or proximate cause of the employee’sinjury.
14-86
6. The lien provided for under subsection 1 or 5 includes the totalcompensation expenditure incurred by the insurer, the uninsured
14-87
employers’ claim fund or a subsequent injury fund for the injured employee14-88
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 uninsuredemployers’ 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 ofthe proceeds of the judgment, settlement or otherwise:
14-92
(a) The injured employee or his dependents, or the attorney orrepresentative 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 uninsuredemployers’ claim fund or a subsequent injury fund the administrator, of the
14-95
recovery and pay to the insurer or the administrator, respectively, theamount due under this section together with an itemized statement showing
14-96
the distribution of the total recovery. The attorney or representative of the14-97
injured employee or his dependents and the third-party insurer are jointlyand 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 hasknowledge of the lien provided for in this section.
14-99
9. An insurer shall not sell its lien to a third-party insurer unless the14-100
injured employee or his dependents, or the attorney or representative of theinjured 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 of14-103
his death by his dependents, against a person other than the employer or aperson 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 courtshall instruct the jury substantially as follows:
14-105
Payment of workmen’s compensation benefits by the insurer, or inthe case of claims involving the uninsured employers’ claim fund or a
14-106
subsequent injury fund the administrator, is based upon the fact that acompensable industrial accident occurred, and does not depend upon
14-107
blame or fault. If the plaintiff does not obtain a judgment in his favor14-108
in this case, he is not required to repay his employer, the insurer or theadministrator 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’s14-111
instructions on damages and return your verdict in the plaintiff’s favorin the amount so found without deducting the amount of any
14-112
compensation benefits paid to or for the plaintiff. The law provides ameans by which any compensation benefits will be repaid from your
14-113
award.11.
14-114
premium, the employer’s account with the system must be credited with anamount 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 in14-116
obtaining the recovery, except that the total credit must not exceed theamount 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, a14-119
policy of liability insurance the proceeds of which are recoverable pursuantto 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:
616C.230 1. Compensation is not payable pursuant to the provisions14-122
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 to14-125
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 and14-128
lawful prescription issued in his name, the controlled substance must bepresumed 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 in14-131
NRS 50.315 is admissible to prove the existence of any alcohol or theexistence, 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 submittedin the manner prescribed in NRS 616C.355.
14-133
(b) When an examination requested or ordered includes testing for the14-134
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, thelaboratory must be certified for forensic testing of urine for drugs by the
14-136
College of American Pathologists or a successor organization or by the14-137
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 is14-140
aggravated, caused or continued by, an unreasonable refusal or neglect tosubmit 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 or14-143
surgical treatment as is necessary to promote his recovery, hiscompensation 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 unable14-146
to undergo treatment, testing or examination for the industrial injury solelybecause 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 toresume treatment, testing or examination for the industrial injury. The
14-150
insurer may elect to pay for the treatment of the nonindustrial condition orinjury.
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 theemployer 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 andin the course of the employee’s employment;
15-5
2. Fails to advise an injured employee of his rights under chapters616A to 616D, inclusive,
or chapter 617 of NRS;15-6
3. Impedes the determination of disability or benefits by delaying a15-7
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; or15-10
6. Discriminates against an employee who claims benefits underchapters 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 or15-13
other meetings with an insurer concerning the employee’s claim or possibleclaim, 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 attorney15-16
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 stateto represent the employee before an appeals officer.
15-18
2. It is unlawful for any person to represent an employer at hearings of15-19
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 solelyproviding] to provide representation at hearings of contested cases;
15-21
(b) An employer’s representative licensed pursuant to subsection 3 who15-22
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 of16-5
the employer. If the employer’s representative violates any provision of thischapter or chapter 616A, 616B
,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 any16-8
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 generalfund the following fees for licensure as an employer’s representative:
16-10
(a) Application and license $7816-11
(b) Triennial renewal of each license 78Sec. 40. NRS 616C.350 is hereby amended to read as follows:
616C.350 1. Any physician or chiropractor who attends an employeewithin 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 an16-14
appeals officer. A physician or chiropractor who testifies is entitled toreceive 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 aconsultation 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 whilein 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 caseand a determination of the rights involved; or
16-19
(b) The information is related to any fraud that has been or is alleged to16-20
have been committed in violation of the provisions of this chapter orchapter 616A, 616B
,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 pursuant16-23
to the provisions of chapters 616A to 616D, inclusive, or chapter 617 ofNRS or regulations adopted pursuant to those chapters may:
16-24
(a) Issue subpoenas requiring the attendance of any witness or theproduction 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 or16-29
proceeding.(g) Permit discovery by deposition or interrogatories.
16-30
(h) Initiate and hold conferences for the settlement or simplification ofissues.
16-31
(i) Dispose of procedural requests or similar matters.16-32
(j) Generally regulate and guide the course of a pending hearing orproceeding.
16-33
2. Hearing officers, in conducting hearings or other proceedingspursuant to the provisions of chapters 616A to 616D, inclusive,
or chapter16-34
617 of NRS or regulations adopted pursuant to those chapters, may:16-35
(a) Issue subpoenas requiring the attendance of any witness or theproduction of books, accounts, papers, records and documents that are
16-36
relevant to the dispute for which the hearing or other proceeding is beingheld.
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 or16-41
proceeding.Sec. 42. NRS 616D.065 is hereby amended to read as follows:
616D.065 1. An appeals officer, in conducting hearings or otherproceedings pursuant to the provisions of chapters 616A to 616D,
16-43
inclusive, or chapter 617 of NRS or regulations adopted pursuant to those16-44
chapters, may order the attorney or representative of a party to pay anycosts 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 a16-47
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, orchapter 617
of NRS.16-49
Sec. 43. NRS 616D.080 is hereby amended to read as follows: 616D.080 1. Each officer who serves a subpoena is entitled toreceive 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 ,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 incourts of record.
17-2
3. The appeals officer, hearing officer, administrator, manager or17-3
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 andsecure compensation, or fails to maintain such compensation, under the
17-8
terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the17-9
administrator may, in order to protect the employees of the employer fromthe effect of not having industrial insurance coverage and upon compliance
17-10
with the requirements of subsection 2, order the immediate cessation of allbusiness 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 chapters17-12
616A to 616D, inclusive, or chapter 617 of NRS as determined necessaryby 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 or17-15
regulations alleged to have been violated, and a short, plain statement of thefacts alleged to constitute the violation.
17-16
(b) Provide an opportunity for hearing to the employer on a date fixed inthe 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 to17-18
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 theoffice of the administrator.
17-20
3. Immediately upon receiving an order to cease business operations17-21
under subsection 1, an employer shall order all employees or other personsto 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 requirement17-24
of subsection 3, including but not limited to preventing any employee orother person from remaining at the place of employment or jobsite.
Sec. 45. NRS 616D.200 is hereby amended to read as follows:
616D.200 1. If the administrator finds that an employer within the18-2
provisions of NRS 616B.633 has failed to provide and securecompensation as required by the terms of chapters 616A to 616D,
18-3
inclusive, or chapter 617 of NRS or that the employer has provided andsecured 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 the18-5
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 617of NRS for the period that the employer was doing business in this state
18-7
without providing, securing or maintaining that compensation, but not to18-8
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 theemployer. An employer who is aggrieved by the determination of the
18-12
administrator may appeal from the determination pursuant to subsection 2of NRS 616D.220.
18-13
3. Any employer within the provisions of NRS 616B.633 who fails to18-14
provide, secure or maintain compensation as required by the terms ofchapters 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 as18-17
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:
616D.240 1. Any employer who makes any charge against any18-20
employee or who deducts from the wages of any employee any sum ofmoney 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 to616D, inclusive,
or chapter 617 of NRS is guilty of a gross misdemeanor.18-22
2. An employer who is required to provide compensation pursuant to18-23
the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRSand 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 be18-26
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:
616D.300 Unless a different penalty is provided pursuant to NRS18-29
616D.370 to 616D.410, inclusive, a person who knowingly makes a falsestatement or representation, including, but not limited to, a false statement
18-30
or representation relating to his identity or the identity of another person, orwho knowingly conceals a material fact to obtain or attempt to obtain any
18-31
benefit, including a controlled substance, or payment under the provisions18-32
of this chapter or chapter 616A, 616B ,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 beobtained was less than $250, for a misdemeanor.
18-34
2. If the amount of the benefit or payment obtained or attempted to193.130.
18-36
In addition to any other penalty, the court shall order the person to payrestitution.
18-37
Sec. 48. NRS 616D.310 is hereby amended to read as follows: 616D.310 A person who knowingly makes a false statement orrepresentation concerning the employment of a person who is receiving
18-39
benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 ofNRS 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 temporarytotal 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 ofsubsection 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 who18-47
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 concerning18-50
the amount of payroll upon which a premium is based; or18-51
(2) Failed to provide and secure compensation under the terms ofchapters 616A to 616D, inclusive,
or chapter 617 of NRS or has failed to18-52
maintain that compensation;18-53
(c) A provider of health care has submitted an invoice for payment foraccident 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 insuranceestablished pursuant to NRS 228.420.
18-57
2. The fraud control unit for industrial insurance established pursuantto 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, claimsdamages from the person responsible for causing the injury, the hospital
18-61
has a lien upon any sum awarded the injured person or his personal18-62
representative by judgment or obtained by a settlement or compromise tothe extent of the amount due the hospital for the reasonable value of the
18-63
hospitalization rendered before the date of judgment, settlement orcompromise.
18-64
2. The lien provided by this section is:18-65
(a) Not valid against anyone coming under the provisions of chapters616A 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:
239A.070 This chapter does not apply to any subpoena issued pursuant18-68
to Title 14 or chapters 616A to 616D, inclusive, and chapter 617 of NRSor prohibit:
18-69
1. Dissemination of any financial information which is not identifiedwith 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 towhether 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 withand thereafter communicating with and disclosing the financial records of a customer to appropriate
18-75 governmental agencies concerning a suspected19-1
4. Disclosure of the financial records of a customer incidental to atransaction in the normal course of business of the financial institution if
19-2
the director, officer, employee or agent of the financial institution whomakes 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 an19-4
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 whenordered by a court to withhold such notification.
19-6
6. The examination by or disclosure to any governmental regulatory19-7
agency of financial records which relate solely to the exercise of itsregulatory function if the agency is specifically authorized by law to
19-8
examine, audit or require reports of financial records of financialinstitutions.
19-9
7. The disclosure to any governmental agency of any financial19-10
information or records whose disclosure to that particular agency isrequired 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 consumer19-13
credit report from anyone other than a financial institution.Sec. 53. NRS 244.33505 is hereby amended to read as follows:
244.33505 1. In a county in which a license to engage in a business isrequired, the board of county commissioners shall not issue such a license
19-15
unless the applicant for the license signs an affidavit affirming that the19-16
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 chapters19-19
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 ofcounty 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 whichhave 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 a20-2
document setting forth the rights and responsibilities of employers andemployees to promote safety in the workplace, in accordance with
20-3
regulations adopted by the division of industrial relations of the departmentof business and industry pursuant to NRS 618.376.
20-4
Sec. 54. NRS 245.211 is hereby amended to read as follows: 245.211 1. The board of county commissioners of any county mayestablish, by contract or otherwise, and administer a disability pension plan
20-6
or disability insurance program for the benefit of the county sheriff, anysheriff’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 existing20-11
plan or program, the persons affected by the proposed plan or program, orproposed change, may negotiate with the county concerning the nature and
20-12
extent of such plan, program or change. Chapter 288 of NRSapplies
to negotiations for this purpose.20-13
4. The plan or program authorized by this section20-14
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 same20-17
disability. In no event shall the benefits provided for in this section, whenadded to benefits provided for or purchased by the expenditure of public
20-18
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 cityshall 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 aprivate 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, thecity 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 theaffidavit required by subsection 1.
21-5
3. Each city council or other governing body of an incorporated city21-6
shall submit to the administrator of the division of industrial relations of thedepartment of business and industry monthly a list of the names of those
21-7
businesses which have submitted an affidavit required by subsections 1 and2.
21-8
4. Upon receiving an affidavit required by this section, the city council21-9
or other governing body of an incorporated city shall provide the applicantwith a document setting forth the rights and responsibilities of employers
21-10
and employees to promote safety in the workplaceregulations 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 planor 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 in21-15
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 orprogram specified in subsection 1.
21-17
3. If an incorporated city elects to consider implementation of a plan or21-18
program specified in subsection 1an existing plan or program, the persons affected by the proposed plan or
21-19
program, or proposed change, may negotiate with the city concerning thenature and extent of such plan, program or change. Chapter 288 of NRS
21-20
21-21
4. The plan or program authorized by this sectionsupplemental or in addition to and not in conflict with the coverage,
21-22
compensation, benefits or procedure established by or adopted pursuant tochapters 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 samedisability. 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
22-2
entitled to receive if he has been a member of the department or agency for10 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 for22-5
the benefit of any police officer of the department who is disabled, to anydegree, 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 theannual operating budget for the department.
22-7
2. The committee may adopt rules, policies and procedures necessary22-8
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 1an 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. Chapter288 of NRS applies to negotiations for this purpose.
22-13
4. The plan or program authorized by this section must be22-14
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 same22-17
disability. In no event may the benefits provided for in this section, whenadded to benefits provided for or purchased by the expenditure of public
22-18
money, exceed the maximum amount of benefits an employee is entitled toreceive 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 iscontained in a bid submitted on a particular contract; or
22-24
(b) Any other trade secret or confidential business informationsubmitted by a bidder and designated as proprietary by the chief.
22-25
As used in this subsection, "confidential business information" means any22-26
information relating to the amount or source of any income, profits, losses22-27
or expenditures of a person, including data relating to cost or pricesubmitted 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 thedepartment of administration.
22-30
5. "Purchasing officer" means a person who is authorized by the chiefor 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 therequirements 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 thestate 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, received22-38
from the Federal Government or any branch, bureau or agency thereof, orderived from private or other sources, except the Nevada rural housing
22-39
authority, local governments as defined in NRS 354.474, conservationdistricts, 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 departmentwhich 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:
396.251 1. The board of regents may establish policies and22-44
procedures for personnel which govern student employees, physiciansengaged in a program for residency training and postdoctoral fellows of the
22-45
system and which are separate from the policies and procedures establishedfor the unclassified personnel of the system. Any such policy or procedure
22-46
does not diminish the eligibility of those persons for coverage as employees22-47
under the provisions of chapters 616A to 616D, inclusive, or chapter 617of NRS.
22-48
2. In establishing policies and procedures pursuant to subsection 1, theboard 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 a22-50
student employee, a physician engaged in a program for residency trainingor 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: 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 serviceof 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 the22-56
provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. Ifthat 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 dependentsare also entitled to receive such compensation.
22-58
(b) In all cases, the disabled or deceased member shall be deemed to be22-59
an employee of the State of Nevada. The compensation to be awarded tothe 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 yearimmediately preceding the date of his injury or death or the commencement
22-61
of his disability, but the compensation must not exceed the maximum22-62
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 isentitled to receive compensation or benefits for an injury, wound, illness,
22-64
disability or death described in this section pursuant to any law or22-65
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 previous22-68
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:
414.110 1. All functions under this chapter and all other activitiesrelating to emergency management are hereby declared to be governmental
22-70
functions. Neither the state nor any political subdivision thereof nor other22-71
agencies of the state or political subdivision thereof, nor except in cases ofwillful misconduct, gross negligence, or bad faith, any worker complying
22-72
with or reasonably attempting to comply with this chapter, or any order orregulation promulgated pursuant to the provisions of this chapter, or
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pursuant to any ordinance relating to black out or other precautionary22-74
measures enacted by any political subdivision of the state, is liable for thedeath 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 anyperson to receive benefits to which he would otherwise be entitled under
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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 such23-2
person to receive any benefits or compensationto 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, inthe course of performing his duties as such, practices that professional,
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mechanical or other skill during an emergency.3. As used in this section, the term "worker" includes any full-time or
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part-time paid, volunteer or auxiliary employee of this state, of any political23-7
subdivision thereof, of other states, territories, possessions or the District ofColumbia, of the Federal Government, of any neighboring country, or of
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any political subdivision thereof, or of any agency or organization,performing services for emergency management at any place in this state
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subject to the order or control of, or pursuant to a request of, the state23-10
government or any political subdivision thereof.Sec. 62. NRS 475.230 is hereby amended to read as follows:
475.230 1. Any fire department which engages in fighting a fire onproperty owned by the state within the jurisdictional limits of the fire
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department may submit a claim to the secretary of the state board of23-13
examiners to recover any direct expenses and losses incurred as a result offighting that fire.
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2. The claim must include:(a) The name, address and jurisdictional limits of the fire department;
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(b) The name, address and telephone number of the person making the23-16
claim on behalf of the fire department;(c) The name and address, if known, of the state agency having
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jurisdiction over the property on which the fire occurred;(d) The exact location of the fire;
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(e) A description of the property burned;23-19
(f) The number and classification of the personnel and the number andtype of equipment used to fight the fire;
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(g) A copy of the fire report; and(h) An itemized list of direct expenses and losses incurred while fighting
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the fire including the purchase cost, estimated cost of repairs and a23-22
statement of depreciated value immediately preceding and after the damageto or destruction of any equipment and the extent of any insurance
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coverage.3. As used in this section, "direct expenses and losses" means certain
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expenses and losses which were incurred while fighting a fire on property23-25
owned by the state. The term is limited to:(a) The depreciated value, if any, of any equipment or vehicle which
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was damaged or destroyed; and23-27
(b) If the employer maintains a plan which supplements coverage for23-28
workers’ compensation provided pursuant to chapters 616A to 616D,inclusive,
or chapter 617 of NRS by the state industrial insurance system23-29
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
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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
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license to any applicant, the board shall require that the applicant submit tothe board:
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(a) Proof of industrial insurance and insurance for occupational diseases23-34
which covers his employees;(b) A copy of his certificate of qualification as a self-insured employer
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which was issued by the commissioner of insurance;(c) If the applicant is a member of an association of self-insured public
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or private employers, a copy of the certificate issued to the association by23-37
the commissioner of insurance; or(d) An affidavit signed by the applicant affirming that he is not subject
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to the provisions of chapters 616A to 616D, inclusive, or chapter 617 ofNRS because:
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(1) He has no employees;23-40
(2) He is not or does not intend to be a subcontractor for a principalcontractor; and
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(3) He has not or does not intend to submit a bid on a job for aprincipal contractor or subcontractor.
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2. The board shall notify the fraud control unit for industrial insurance23-43
established pursuant to NRS 228.420 whenever the board learns that anapplicant or holder of a contractor’s license has engaged in business as or
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acted in the capacity of a contractor within this state without havingobtained industrial insurance or insurance for occupational diseases in
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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
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employed by him, the owner fails to pay that contractor:(a) Pursuant to their schedule for payments under the contract, or within
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a reasonable time after maturity and presentation of charges if no schedule23-49
is established;(b) Any sum certified by the architect, engineer or other supervisory
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agent of the owner; or(c) Such sum as is otherwise properly due,
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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 523-53
working days or more, the contractor may, after 5 working days’ writtennotice to the owner, stop work or terminate the contract and recover from
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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:
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(a) Pursuant to the schedule for payments under the subcontract, orwithin a reasonable time after maturity and presentation of charges if no
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schedule is established;23-58
(b) Any sum certified by the architect, engineer or other supervisoryagent of the owner or contractor; or
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(c) Such sum as is otherwise properly due,or if the contractor through his own acts or neglect, excluding acts of God,
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floods, fires or strikes, causes the work to be stopped for a period of 523-61
working days or more, the subcontractor may, after 5 working days’ writtennotice to the owner and the contractor, stop work or terminate the
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subcontract and recover from the contractor payment for all work executed.The subcontractor may not be held liable for nonperformance of that
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subcontract and for the cost incurred by the contractor to complete the23-64
work.3. The provisions of subsection 2 do not apply if the contractor’s
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failure to pay is caused by his need to withhold money pursuant to anofficial notice from a state agency that he is liable to make payments or
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contributions for the subcontractor pursuant to chapter 608 or 612 or23-67
chapters 616A to 616D, inclusive, or chapter 617 of NRS.~