Amendment No. CA26

 

First Conference Committee Amendment to Senate Bill No. 193  Second Reprint               (BDR 53‑782)

Proposed by: First Conference Committee

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of SB193 R2 (§ 3).

 

     Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1. NRS 616A.185 is hereby amended to read as follows:

     616A.185  For the purposes of chapters 616A to 616D, inclusive, of NRS:

     1.  A member of the Nevada Legislature shall be deemed [for the purposes of chapters 616A to 616D, inclusive, of NRS] to be an employee of the State during his term of office at the wage of $2,000 per month and is entitled to the benefits of those chapters.

     2.  Except as otherwise provided in this subsection and subsection 1 of NRS 616A.265, any injury sustained by a member of the Nevada Legislature shall be deemed to have arisen out of and in the course of his employment as a Legislator if, at the time of the injury, he was performing any act or was engaging in any event that was reasonably related to his legislative office or his public service as a Legislator, whether or not he was receiving remuneration from the State for performing the act or engaging in the event at the time of the injury. The provisions of this subsection do not apply to any injury sustained by a member of the Nevada Legislature if, at the time of the injury, he was performing any act or was engaging in any event that was reasonably related to a political campaign for any legislative or other elective office.”.

     Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding a new section designated sec. 3, following section 1, to read as follows:

     Sec. 3.  1.  If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability for which a final determination was made before January 1, 1996, the claimant or dependent is entitled to a single payment for that permanent total disability in an amount determined by the Administrator pursuant to subsection 4.

     2.  As soon as practicable after the effective date of this act, the Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount that, as determined by the Administrator, is required to obtain a total of $500,000. As soon as practicable after determining that amount, the Administrator shall submit to each insurer assessed pursuant to this subsection a written notice setting forth the amount of the assessment. Within 90 days after receiving the written notice, the insurer shall remit the assessment to the Administrator. Any money collected by the Administrator from the assessment must be accounted for separately by the Administrator.

     3.  An insurer who pays an assessment pursuant to this section shall charge and collect from each policyholder of the insurer a fee to cover the amount of the assessment. Such a fee is in addition to any premium charged to the policyholder for industrial insurance and must not be included in the amount of any such premium. The insurer shall bill the policyholder separately for the fee or include the fee as a separate charge on the policy.

     4.  The Administrator shall adopt regulations establishing a method for the equitable distribution of the money collected from the assessment pursuant to this section. The regulations must provide for payments that result in the largest proportional share of the money collected from the assessment being paid to claimants and dependents who receive the lowest amount of compensation pursuant to chapters 616A to 617, inclusive, of NRS for the permanent total disability. The Administrator may adopt any other regulations that are necessary to carry out the provisions of this section.

     5.  The Administrator shall make the payment required by this section to each claimant and dependent who is entitled to the payment not later than July 1, 2004. Any payment received by a claimant or dependent pursuant to this section is in addition to any compensation to which the claimant or dependent is otherwise entitled by law.

     6.  If any words and terms used in this section are defined in NRS 616A.030 to 616A.360, inclusive, such words and terms must be given the meanings ascribed to them in NRS 616A.030 to 616A.360, inclusive. The provisions of this section must be interpreted and enforced by the Administrator as if they were part of chapters 616A to 617, inclusive, of NRS.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to industrial insurance; clarifying the coverage of industrial insurance for members of the Nevada Legislature; extending the coverage of industrial insurance for employees of school districts who engage in an athletic or social event under certain circumstances; providing for a one-time payment to certain claimants and dependents of claimants who are receiving compensation for a permanent total disability; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions relating to coverage of industrial insurance for certain employees and compensation for permanent total disability for certain claimants and dependents of claimants. (BDR 53‑782)”.