Senate Bill No. 54–Committee on Commerce and Labor
Prefiled January 28, 1999
(On Behalf of Legislative Committee on Workers’ Compensation)
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Referred to Committee on Commerce and Labor
SUMMARY—Requires administrator of division of industrial relations of department of business and industry to provide certain information to department of taxation upon request. (BDR 53-694)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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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 616B.012 is hereby amended to read as follows: 616B.012 1. Except as otherwise provided in this section and in NRS1-3
616B.015, 616B.021 and 616C.205, information obtained from any insurer,1-4
employer or employee is confidential and may not be disclosed or be open1-5
to public inspection in any manner which would reveal the person’s1-6
identity.1-7
2. Any claimant or his legal representative is entitled to information1-8
from the records of the insurer, to the extent necessary for the proper1-9
presentation of a claim in any proceeding under chapters 616A to 616D,1-10
inclusive, of NRS.1-11
3. The division and administrator are entitled to information from the1-12
records of the insurer which is necessary for the performance of their1-13
duties. The administrator may, by regulation, prescribe the manner in which1-14
otherwise confidential information may be made available to:2-1
(a) Any agency of this or any other state charged with the administration2-2
or enforcement of laws relating to industrial insurance, unemployment2-3
compensation, public assistance or labor law and industrial relations;2-4
(b) Any state or local agency for the enforcement of child support;2-5
(c) The Internal Revenue Service of the Department of the Treasury;2-6
(d) The department of taxation; and2-7
(e) The state contractors’ board in the performance of its duties to2-8
enforce the provisions of chapter 624 of NRS.2-9
Information obtained in connection with the administration of a program of2-10
industrial insurance may be made available to persons or agencies for2-11
purposes appropriate to the operation of a program of industrial insurance.2-12
4. Upon written request made by a public officer of a local2-13
government, an insurer shall furnish from its records, the name, address and2-14
place of employment of any person listed in its records. The request must2-15
set forth the social security number of the person about whom the request is2-16
made and contain a statement signed by proper authority of the local2-17
government certifying that the request is made to allow the proper authority2-18
to enforce a law to recover a debt or obligation owed to the local2-19
government. The information obtained by the local government is2-20
confidential and may not be used or disclosed for any purpose other than2-21
the collection of a debt or obligation owed to that local government. The2-22
insurer may charge a reasonable fee for the cost of providing the requested2-23
information.2-24
5. To further a current criminal investigation, the chief executive2-25
officer of any law enforcement agency of this state may submit to the2-26
administrator a written request for the name, address and place of2-27
employment of any person listed in the records of an insurer. The request2-28
must set forth the social security number of the person about whom the2-29
request is made and contain a statement signed by the chief executive2-30
officer certifying that the request is made to further a criminal investigation2-31
currently being conducted by the agency. Upon receipt of a request, the2-32
administrator shall instruct the insurer to furnish the information requested.2-33
Upon receipt of such an instruction, the insurer shall furnish the2-34
information requested. The insurer may charge a reasonable fee to cover2-35
any related administrative expenses.2-36
6.2-37
administrator shall provide2-38
(a) Lists containing the names and addresses of employers2-39
2-40
2-41
(b) Other information concerning employers collected and maintained2-42
by the administrator or the division to carry out the purposes of chapters2-43
616A to 616D, inclusive, or chapter 617 of NRS,3-1
to the department3-2
for the business tax. The administrator may charge a reasonable fee to3-3
cover any related administrative expenses.3-4
7. Any person who, in violation of this section, discloses information3-5
obtained from files of claimants or policyholders, or obtains a list of3-6
claimants or policyholders under chapters 616A to 616D, inclusive, of NRS3-7
and uses or permits the use of the list for any political purposes, is guilty of3-8
a gross misdemeanor.3-9
8. All letters, reports or communications of any kind, oral or written,3-10
from the insurer, or any of its agents, representatives or employees are3-11
privileged and must not be the subject matter or basis for any lawsuit if the3-12
letter, report or communication is written, sent, delivered or prepared3-13
pursuant to the requirements of chapters 616A to 616D, inclusive, of NRS.3-14
Sec. 2. Section 6 of Senate Bill No. 92 of this session is hereby3-15
amended to read as follows:3-16
Sec. 6. NRS 616B.012 is hereby amended to read as follows:3-17
616B.012 1. Except as otherwise provided in this section and3-18
in NRS 616B.015, 616B.021 and 616C.205, information obtained3-19
from any insurer, employer or employee is confidential and may not3-20
be disclosed or be open to public inspection in any manner which3-21
would reveal the person’s identity.3-22
2. Any claimant or his legal representative is entitled to3-23
information from the records of the insurer, to the extent necessary3-24
for the proper presentation of a claim in any proceeding under3-25
chapters 616A to 616D, inclusive, or chapter 617 of NRS.3-26
3. The division and administrator are entitled to information3-27
from the records of the insurer which is necessary for the3-28
performance of their duties. The administrator may, by regulation,3-29
prescribe the manner in which otherwise confidential information3-30
may be made available to:3-31
(a) Any agency of this or any other state charged with the3-32
administration or enforcement of laws relating to industrial3-33
insurance, unemployment compensation, public assistance or labor3-34
law and industrial relations;3-35
(b) Any state or local agency for the enforcement of child3-36
support;3-37
(c) The Internal Revenue Service of the Department of the3-38
Treasury;3-39
(d) The department of taxation; and3-40
(e) The state contractors’ board in the performance of its duties3-41
to enforce the provisions of chapter 624 of NRS.3-42
Information obtained in connection with the administration of a3-43
program of industrial insurance may be made available to persons4-1
or agencies for purposes appropriate to the operation of a program4-2
of industrial insurance.4-3
4. Upon written request made by a public officer of a local4-4
government, an insurer shall furnish from its records4-5
address and place of employment of any person listed in its records.4-6
The request must set forth the social security number of the person4-7
about whom the request is made and contain a statement signed by4-8
proper authority of the local government certifying that the request4-9
is made to allow the proper authority to enforce a law to recover a4-10
debt or obligation owed to the local government. The information4-11
obtained by the local government is confidential and may not be4-12
used or disclosed for any purpose other than the collection of a debt4-13
or obligation owed to that local government. The insurer may4-14
charge a reasonable fee for the cost of providing the requested4-15
information.4-16
5. To further a current criminal investigation, the chief4-17
executive officer of any law enforcement agency of this state may4-18
submit to the administrator a written request for the name, address4-19
and place of employment of any person listed in the records of an4-20
insurer. The request must set forth the social security number of the4-21
person about whom the request is made and contain a statement4-22
signed by the chief executive officer certifying that the request is4-23
made to further a criminal investigation currently being conducted4-24
by the agency. Upon receipt of a request, the administrator shall4-25
instruct the insurer to furnish the information requested. Upon4-26
receipt of such an instruction, the insurer shall furnish the4-27
information requested. The insurer may charge a reasonable fee to4-28
cover any related administrative expenses.4-29
6. Upon request by the department of taxation, the4-30
administrator shall provide:4-31
(a) Lists containing the names and addresses of employers; and4-32
(b) Other information concerning employers collected and4-33
maintained by the administrator or the division to carry out the4-34
purposes of chapters 616A to 616D, inclusive, or chapter 617 of4-35
NRS,4-36
to the department for its use in verifying returns for the business tax.4-37
The administrator may charge a reasonable fee to cover any related4-38
administrative expenses.4-39
7. Any person who, in violation of this section, discloses4-40
information obtained from files of claimants or policyholders4-41
obtains a list of claimants or policyholders under chapters 616A to4-42
616D, inclusive, or chapter 617 of NRS and uses or permits the use5-1
of the list for any political purposes, is guilty of a gross5-2
misdemeanor.5-3
8. All letters, reports or communications of any kind, oral or5-4
written, from the insurer, or any of its agents, representatives or5-5
employees are privileged and must not be the subject matter or basis5-6
for any lawsuit if the letter, report or communication is written,5-7
sent, delivered or prepared pursuant to the requirements of chapters5-8
616A to 616D, inclusive, or chapter 617 of NRS.5-9
Sec. 3. This act becomes effective on July 1, 1999.~