THE EIGHTY-NINTH DAY
Carson City (Friday), April 30, 1999
Assembly called to order at 10:42 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Humke, who was excused.
Prayer by the Chaplain, Reverend Ken Haskins.
Father of Lights, You are light and in You there is no darkness at all. Your Word is a lamp unto our feet and a light unto our path. Enable us to see clearly the issues set before us and direct our steps. I pray in the Name of the One who is even still the Light of the World. Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 370, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 29, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 299, 444.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 303, 304.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendment No. 710 to Senate Bill No. 499.
Mary Jo Mongelli
Assistant Secretary of the Senate
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 10:49 a.m.
ASSEMBLY IN SESSION
At 10:50 a.m.
Madam Speaker pro Tempore presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 56—Commemorating the 150th anniversary of the first discovery of gold in Nevada and proclaiming July 17 and 18, 1999, as the Nevada Gold Sesquicentennial Celebration.
Whereas, The chance discovery of a few shiny metal flakes on a warm summer’s day in July of the year 1849, at the mouth of a remote canyon in what is present-day Nevada, played a significant role in changing the course of the history of the American West, founded the mining industries of Nevada and contributed the economic impetus that spurred the formation of the State of Nevada; and
Whereas, The site of that discovery of placer gold is the site of the present-day Town of Dayton, County of Lyon, the first permanent non-Indian settlement in Nevada, the linear successor to Hall’s Station, McMarlin’s Station, Chinatown, Mineral Rapids and Nevada City; and
Whereas, The Town of Dayton was the original seat of the County of Lyon from 1861 to 1911; and
Whereas, The discovery of placer gold nuggets and the subsequent exploration of the arroyo now known as Gold Canyon led prospectors to the location of the hard-rock claim called, thereafter, the Comstock Lode; and
Whereas, Wealth recovered from the aforesaid Comstock Lode helped support the efforts of the Union in the War Between the States; and
Whereas, The many technical and engineering advances of the Comstock era and the wealth recovered from the Comstock Lode forever changed the course of the mining industry world-wide, and the expansion and settlement of the western United States; and
Whereas, The 150th Anniversary of the first discovery of gold in Nevada has come to hand and the residents of the Town of Dayton have come forth to petition recognition of this momentous event and invite all to participate in a grand celebration; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature do hereby declare that in the County of Lyon, State of Nevada, United States of America, the 17th and 18th days of the month of July in the year 1999 are officially proclaimed as the Nevada Gold Sesquicentennial Celebration; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Chairman of the Lyon County Commission, the Chairman of the Nevada Gold Sesquicentennial Committee and the President of the Dayton Historical Society.
Assemblyman Dini moved the adoption of the resolution.
Remarks by Assemblymen Dini and Hettrick.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Dini:
I am very proud to be here today as the Assembly representative for Dayton, Nevada, and to be able to introduce the resolution, “Commemorating the 150th Anniversary of the First Discovery of Gold in Nevada, and proclaiming July 17 and 18, 1999, Nevada Gold Sesquicentennial.”
But first, I want to give all of you fellow assembly members some background information about this resolution. I represent a real historic area in Nevada and I’m very proud of it. You will notice that at each of your desks, a brochure has been given to you with information about the Sesquicentennial and all the events that will be taking place in Dayton on July 17 and 18 to help celebrate.
According to Guy Rocha, the Nevada State Archivist, who helped put together this resolution, Gold Canyon, the precursor of Dayton has the distinction of being the first permanent, non-Indian settlement in the western Utah Territory, now known as Nevada. A few months ago there was a debate by my distinguished colleague from Douglas County and the people of Dayton, on whether Genoa or Dayton was the oldest settlement. That argument will probably go on for perpetuity. According to pioneer John Reese’s memoirs, the nearest white man, a man in Gold Canyon who had a trading post, wintered there in 1850 in a kind of small dug-out. The man who lived in Gold Canyon was nick-named Virginia and it was after him that Virginia City was named. This settlement grew and prospered and by the spring of 1851 as many as 200 miners had joined James “Old Virginny” Finney in the pursuit of gold.
By 1856, the community was generally known as “Chinatown” because of the large Chinese population reworking the placer deposits. On November 3, 1861, the town residents voted to rename the community Dayton, in honor of surveyor John Day. Shortly thereafter, the First Nevada Territorial Legislature designated Dayton the county seat of Lyon County. This was until we burned the courthouse down in 1911 and moved it to Yerington. That is still a bone of contention in Dayton.
There were also many successful Italian settlements around Dayton. When news of the gold and silver strikes reached Italy, Italians came to Nevada. Some of them worked in the industries that served the mines such as lumbering, transportation of supplies, and retail trade. However, the most attractive occupation to the Italians was agriculture. They produced vegetables, dairy products, wheat, hay, and grain. Virginia City provided a market that was nearby for their crops. The Italian farmers eventually moved to Mason and Smith Valleys, producing potatoes, alfalfa, and grain; and raising hogs and dairy cattle.
Nevada had a prominent citizen in its early days, who was Mark Twain. He spent 34months in Nevada which were occupied by mining, writing, and making a name for himself. After about a month spent in Carson City, he went south to the Esmeralda to buy claims for himself and his brother, Orion. On returning to Carson City, he clerked for the Territorial Legislature’s first session in October and November. In December he began a prospecting expedition to the Humboldt district to the north. In April, when he went back to Esmeralda and lived at Aurora until September, he made his most serious efforts at mining and began writing his “Josh” letters to the Virginia City “Territorial Enterprise.” After this newspaper offered him a position, he walked 130 miles to Virginia City to join the Enterprise staff in late September. And the rest you know. About four months later, he began using “Mark Twain” as his pen name. During his residence in Nevada, he came to know most of the territory’s leading journalists, businessmen, and political leaders, building friendships that would help him later.
Now, that we all know a little bit more about the Comstock Mining Era in Nevada, I would hope that you would support us on this resolution. We have a wonderful array of people from Dayton who are putting this celebration together. I wanted everyone to know the great history we have here in western Nevada, especially in my district. Thank you, Madam Speaker pro Tempore.
Assemblyman Hettrick:
Thank you, Madam Speaker pro Tempore. I, too, rise in support of ACR 56. I was pleased to hear the Speaker acknowledge that there is some debate about the oldest settlement. We do agree that that is probably a matter of interpretation. Certainly, we are proud to be in a debate with a community such as Dayton. We are not concerned with who ultimately wins, but recognize that this is a meritorious resolution and we rise in support. Thank you very much.
Motion carried unanimously.
Assemblyman Dini moved that all rules be suspended and that Assembly Concurrent Resolution No. 56 be immediately transmitted to the Senate.
Motion carried unanimously.
By Assemblymen Price, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 57—Memorializing former Assemblyman Richard Kenneth McNeel.
Whereas, The members of the Nevada Legislature note with profound sorrow the passing of former Assemblyman Richard Kenneth McNeel; and
Whereas, Richard Kenneth McNeel was born on October 25, 1942, in Beaumont, Texas; and
Whereas, Richard Kenneth McNeel, who married Karen van Buren, moved to Clark County in 1962; and
Whereas, This Vietnam War veteran attained the rank of First Lieutenant in the United States Army and was a member of the Army Reserve Corps; and
Whereas, Richard Kenneth McNeel joined the International Brotherhood of Electrical Workers Local 357 in 1968 and graduated from the electrical workers’ apprenticeship program in 1974; and
Whereas, Richard Kenneth McNeel was the first Republican from North Las Vegas to be elected to the Assembly; and
Whereas, During his term as Assemblyman, Richard Kenneth McNeel served on the Education, Health and Welfare, Labor and Management, and Taxation Committees; and
Whereas, Richard Kenneth McNeel was appointed as Labor Commissioner in 1979 and served in that position until 1980; and
Whereas, Richard Kenneth McNeel was a member of the Clark County Republican Central Committee, past Vice President of the North Las Vegas Republican Club, past Director of the Nevada State Apprenticeship Council and a second generation member of the electrical workers’ union; and
Whereas, Richard Kenneth McNeel is survived by his beloved wife, Karen, his sons Richard and James, his daughter, Jennifer Fitzpatrick, his five brothers, James, Charles, Clark, Bill and Bobby, and his three sisters, Shirley Ahlke, Hazel Mabry and Rachel Brandon; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th Session of the Nevada Legislature mourn the loss of a respected former Assemblyman and offer their heartfelt sympathy to the family of Richard Kenneth McNeel; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Richard Kenneth McNeel’s beloved wife, Karen.
Assemblyman Price moved the adoption of the resolution.
Remarks by Assemblymen Price and Dini.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Price:
Thank you. It’s obviously with some sadness, but I’m honored, to be able to be talking about Richie today. Richie had a lot of firsts in his life. We were neighbors for many years when he first started. I would say that Richard was probably one of the early Republicans that I associated myself with. We were neighbors and as the resolution indicates, Richie came to our local union from Beaumont, Texas. I can tell you, when he came there were not too many Republican electricians. That has changed. He was the very first, starting right out with our union. He was extremely active and an excellent and beloved member.
Then he went on to become the assemblyman from our district, District 17, as the resolution indicates. I forgot about this, but he was the first Republican assemblyman ever elected from that district. He was an excellent legislator and probably would still be here, except he did make the decision to run for the Senate and did happen to lose the Senate race that year. He went on to become our Labor Commissioner, as indicated and was certainly a very good one. He was also Vice-President of the North Las Vegas Republican Club. He helped build the Republican Club to some degree. There weren’t too many Republicans when Richie first started.
We were saddened at the loss of Richard. I’m so pleased to have his family with us today, some of whom I haven’t seen in a long time. I urge we adopt this resolution.
Assemblyman Dini:
Thank you, Madam Speaker pro Tempore. I have to rise in support of the resolution. I had the honor of serving with Richard in the 1979 session. He was a good legislator. He brought a lot of knowledge concerning labor issues, and much to the chagrin of the Republican leadership at that time, did not always vote with the leadership on labor issues. At that time, there was a lot of debate on those issues. I know he did a good job after the Governor appointed him Labor Commissioner. I have fond memories of my association with him in the 1979 session.
Resolution adopted unanimously.
Assemblyman Price moved that all rules be suspended and that Assembly Concurrent Resolution No. 57 be immediately transmitted to the Senate.
Motion carried unanimously.
By Assemblymen Price, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 58—Memorializing former Assemblyman Arthur P. Espinoza.
Whereas, The members of the Nevada Legislature were saddened to learn of the passing of Arthur “Art” P. Espinoza; and
Whereas, Art Espinoza was born on August 13, 1922, in Velarde, New Mexico and came to Southern Nevada in 1952; and
Whereas, After moving to Nevada, Art Espinoza served as President of Security National Mortgage, as Regional Director of the Bank of Las Vegas, as Director of the Las Vegas Valley Water District for 6 years and as a 4-year member of the Henderson Planning Commission; and
Whereas, Art Espinoza served as a board member and chairman for the Las Vegas Housing Authority for 28 years and Espinoza Terrace, a public housing complex, was named for him; and
Whereas, The two-term Democratic Assemblyman was one of the first Hispanics elected to the Assembly; and
Whereas, During his tenure with the Assembly, Art Espinoza served on the Taxation, Commerce, Education and Public Health Committees; and
Whereas, Art Espinoza was heralded as a crusader for the poor and elderly; and Whereas, Art Espinoza was involved in numerous civic organizations, including serving as President of the Henderson Boys Club, as Chairman of the Henderson Cancer Crusade and as a member of the Henderson Rotary Club, Elks, Knights of Columbus, Nevada Mortgage Bankers Association and the Henderson Chamber of Commerce; and
Whereas, Former Assemblyman Art Espinoza is survived by his wife, Trudy Espinoza, son, John Murdoch, daughters, Patty Hinds, Alice Espinoza and Deborah Anderson, sisters, Helen Murphy, Marcia Gonzales and Patsy Wise and four grandchildren; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature mourn the loss of a respected and compassionate former Assemblyman and convey their admiration and condolences to the family of Art Espinoza; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Arthur Espinoza’s beloved wife, Trudy, and to his children, John Murdoch, Patty Hinds, Alice Espinoza and Deborah Anderson.
Assemblyman Price moved the adoption of the resolution.
Remarks by Assemblymen Price, Perkins, Chowning, Collins and Dini.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Price:
Thank you. I’m honored to be speaking on this resolution but, of course, saddened by the passage of our former member. Art and I actually came to southern Nevada at pretty much the same time. He got there a little bit—about a year—before I did. It was a few years later when we first became acquaintances and worked together from time to time when he was with the bank. However, we worked together more frequently during the time period when he was the director of the Las Vegas Water District.
As the resolution indicates, Art was one of the first of Hispanic background who served with us in the Assembly. He kind of led the way. We’ve had others follow him, from the Henderson area, also, in fact. He did a lot of work, as the resolution indicates—working with the poor, the elderly, and many different organizations.
I will later on be introducing some of his family. I would urge the passage of ACR 58.
Assemblyman Perkins:
Thank you, Madam Speaker pro Tempore. As a native of Henderson, I grew up around the legend of Art Espinoza. There are a number of landmarks there in his memory and honor. His accomplishments are very well spelled out by the resolution. I, too, stand in favor of ACR 58. We’ve lost a lot of our compatriots and we memorialize them every legislative session; it still never ceases to amaze me the talent we have in this state. I think Art was one of those people that we can emulate and use as a model. Thank you.
Assemblywoman Chowning:
Thank you, Madam Speaker pro Tempore. I, too, stand in support of ACR 58. When I was a young girl in Henderson, I knew of Mr. Espinoza. His reputation throughout the years for his commitment for supplying housing to low income members of our state was well recognized and is something we all need to emulate. He was a model citizen and certainly a mentor for whom I am proud to stand and honor today. My condolences go to his family and I thank you.
Assemblyman Collins:
Thank you, Madam Speaker pro Tempore. I also rise in support of ACR 58. I came to southern Nevada in 1951 and shortly thereafter we wound up in Henderson with my grandparents. This was when Henderson was small enough where I could ride my bicycle all the way around the whole city, from the triangle in the south to the railroad tracks at the north end of town. My grandpa and grandma, who I lived with, talked very highly of Mr. Espinoza and the good things he was doing for folks there. I wanted to rise in support of this resolution as well, just from the good things I have heard from the folks who raised me and told me about the good things he did for the folks in that community. Thank you.
Assemblyman Dini:
Thank you, Madam Speaker pro Tempore. I’d like to rise in support of the resolution. I guess when you get to be an “old timer,” you’re the only one that remembers having served with a fellow. We did serve two sessions together and he was a very fine legislator. Art served on the Commerce Committee and with his banking experience was a real strong member of that committee as well as the Taxation Committee. We all became friends.
In those days, Henderson was a little city and it was kind of like North Las Vegas—they were orphans in the Clark County picture. Now, they are the second largest city in the state and I can’t say that anymore. At that time, they were part of the cow county delegation and sometimes we went out together and had a little chat about government and what we could do to make it better. I enjoyed working with Art all those years. He was a real fine man. We certainly want to send our condolences to the family. We appreciated his service in this Chamber.
Resolution adopted unanimously.
Assemblyman Price moved that all rules be suspended and that Assembly Concurrent Resolution No. 58 be immediately transmitted to the Senate.
Motion carried unanimously.
Madam Speaker pro Tempore announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:22 a.m.
ASSEMBLY IN SESSION
At 11:23 a.m.
Mr. Speaker presiding.
Quorum present.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 30, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 36.
Mary Jo Mongelli
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 36.
Assemblywoman Parnell moved the adoption of the resolution.
Remarks by Assemblymen Parnell, Gibbons, Segerblom and Mr. Speaker.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Parnell:
Thank you, Mr. Speaker. Thelma Calhoun was a Carson City mover and shaker. She was one of the major forces behind the establishment of the Nevada Arts Council. I have been told, though, that probably her greatest legacy is that of the Carson City Brewery Arts Center. Without her leadership, commitment and work, the old brewery building would not have been saved nor would there be an arts center.
Thelma was undoubtedly one of the best artists in the entire state. Her wonderful depictions of Carson City and Virginia City historical buildings are especially memorable. Each of her artworks is a joy to behold. She was always very involved with Carson City community affairs. When I moved here in 1976, I remember reading Thelma Calhoun’s name in the paper—daily. She really was everywhere. I’ve heard her described as a character, but in fact she was really one of the true leaders of Carson City. She was a woman well ahead of her time. I know she is missed by her family; but even those of us who did not have the opportunity to know her personally feel the loss of her dynamic and creative force. Thank you, Mr. Speaker.
Assemblywoman Gibbons:
Thank you, Mr. Speaker. I rise in support of SCR 36. Thelma Calhoun was the greatest friend anyone could ever have. She was really a character, one of those macho women that I admire and try to be like. Shirley Dale, sitting at my desk as a guest, was also a friend of Thelma’s and came to sit with me to honor Thelma. We certainly miss her. She had many accomplishments and paved the road for others. If anyone in the Legislature did anything she didn’t like, she would call you and complain. Thank you.
Assemblywoman Segerblom:
Thank you, Mr. Speaker. I rise in support of SCR 36, recognizing Thelma Calhoun. I knew her as a wonderful artist who helped preserve Nevada in art. She was a fine artist and I hope you’ll all go over to the Brewery Arts Center and see her art that is there. Thank you, Mr. Speaker.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
In 1975, we had an art show here where she presented her paintings. I was very fortunate to have bought a painting of Jobe’s Peak that she did. It is a beautiful painting; it’s in my dining room and has been there since 1975. It is a great remembrance of her. She was really active around here too, in those days.
Resolution adopted unanimously.
Assemblyman Bache moved that Senate Bill No. 263 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Bache moved that Senate Bill No. 407 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Bache.
Motion carried.
general file and third reading
Assembly Bill No. 64.
Bill read third time.
Remarks by Assemblymen Goldwater, Collins, Cegavske, Berman, Chowning and Hettrick.
Potential conflict of interest declared by Assemblyman Hettrick.
Roll call on Assembly Bill No. 64:
Yeas—36.
Nays—Angle, Gibbons, Gustavson—3.
Not Voting—Arberry, Berman—2.
Excused—Humke.
Assembly Bill No. 64 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 416.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 416:
Yeas—41.
Nays—None.
Excused—Humke.
Assembly Bill No. 416 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 660.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 660:
Yeas—37.
Nays—Collins, Evans, Freeman, Price—4.
Excused—Humke.
Assembly Bill No. 660 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 54.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 756.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Section 6 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 6. NRS 616B.012 is hereby amended to read as follows:
616B.012 1. Except as otherwise provided in this section and in NRS 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.
2. Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
3. The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:
(a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;
(b) Any state or local agency for the enforcement of child support;
(c) The Internal Revenue Service of the Department of the Treasury;
(d) The department of taxation; and
(e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.
4. Upon written request made by a public officer of a local government, an insurer shall furnish from its records[,] the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The insurer may charge a reasonable fee for the cost of providing the requested information.
5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit to the administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the 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 charge a reasonable fee to cover any related administrative expenses.
6. Upon request by the department of taxation, the administrator shall provide:
(a) Lists containing the names and addresses of employers; and
(b) Other information concerning employers collected and maintained by the administrator or the division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS,
to the department for its use in verifying returns for the business tax. The administrator may charge a reasonable fee to cover any related administrative expenses.
7. Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders[,] or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.
8. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617of NRS.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 64.
Bill read third time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 755.
Amend section 1, page 1, line 10, after “inclusive,” by inserting:
“or chapter 617”.
Amend section 1, page 2, line 2, after “inclusive,” by inserting:
“or chapter 617”.
Amend section 1, page 2, line 9, after “inclusive,” by inserting:
“or chapter 617”.
Amend section 1, page 2, line 16, after “inclusive,” by inserting:
“or chapter 617”.
Amend section 1, page 2, line 23, after “inclusive,” by inserting:
“or chapter 617”.
Amend section 1, page 2, line 29, after “inclusive” by inserting:
“or chapter 617”.
Amend section 1, page 2, line 36, after “inclusive,” by inserting:
“or chapter 617”.
Amend section 1, page 2, line 41, after “inclusive,” by inserting:
“or chapter 617”.
Amend section 1, page 4, by deleting line 30 and inserting:
“11. To calculate an employer’s premium, the”.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1999.”.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 65.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Senate Bill No. 65:
Yeas—39.
Nays—Collins, Giunchigliani—2.
Excused—Humke.
Senate Bill No. 65 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 67.
Bill read third time.
Remarks by Assemblymen Ohrenschall, Bache, Perkins, Anderson, Giunchigliani, Chowning, Nolan, Beers, Collins, Carpenter and Williams.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Assemblymen Williams, Arberry and Giunchigliani moved the previous question.
Motion carried.
The question being on the passage of Senate Bill No. 67.
Roll call on Senate Bill No. 67:
Yeas—19.
Nays—Anderson, Angle, Arberry, Bache, Buckley, Carpenter, Collins, Dini, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Koivisto, Lee, Leslie, Marvel, Neighbors, Perkins, Thomas, Williams—21.
Not Voting—Mortenson.
Excused—Humke.
Senate Bill No. 67 having failed to receive a constitutional majority, Mr. Speaker declared it lost.
Senate Bill No. 209.
Bill read third time.
Remarks by Assemblymen Chowning and Bache.
Roll call on Senate Bill No. 209:
Yeas—33.
Nays—Anderson, Bache, Evans, Freeman, Giunchigliani, Lee, Leslie, Perkins—8.
Excused—Humke.
Senate Bill No. 209 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 277.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Senate Bill No. 277:
Yeas—40.
Nays—None.
Excused—Giunchigliani, Humke—2.
Senate Bill No. 277 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 281.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Senate Bill No. 281:
Yeas—40.
Nays—None.
Excused—Giunchigliani, Humke—2.
Senate Bill No. 281 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 301.
Bill read third time.
Remarks by Assemblymen Cegavske, Goldwater, Chowning and Collins.
Roll call on Senate Bill No. 301:
Yeas—39.
Nays—None.
Not Voting—Goldwater.
Excused—Giunchigliani, Humke—2.
Senate Bill No. 301 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bills Nos. 487 and 510 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Assemblyman Gustavson gave notice that on the next legislative day he would move to reconsider the vote whereby Senate Bill No. 67 was this day refused passage.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 484, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernard Anderson, Chairman
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 303.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 304.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 56.
Bill read second time and ordered to third reading.
Senate Bill No. 57.
Bill read second time and ordered to third reading.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 227, 251, 375; Assembly Concurrent Resolutions Nos. 19, 54; Senate Bills Nos. 24, 92, 101, 175, 382, 499; Senate Concurrent Resolution No. 35; Senate Joint Resolution No. 19.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Martens and Randi Lynn Rees.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Bonnie Hardenbrook, Steven Saylor, Barbara Peck, Don Dallas, Laura Tennant, Bob Milz, Johnye Saylor, Judy Harris, Ed Harris, Stony Tennant, Guy Rocha and Larry Steinberg.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Shirley Dale and Robert Uithoven.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Dylan Frehner.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Julie Whitacre.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Baker, Sarah Campbell, Cory Collins, Samantha Corwin, Shawna Davis, Ashley Galey, Nicholas Gokey, Nathan Hartman, Ce'arra Holton, Margarita Hernandez, Savanna Kizer, Jeremy Jointer, Matthew Kunzi, Thomas Lessard, Alisha Miller, Nicole Montoya, Amber Sellers, Sylvia Wolf, Mathew Wilder, Martin Jackson, Todd Wilder, Melissa Neppel, Larry Corwin, Shellia Moody, Kathy Walker, Michael Mayes, Teresa Moore, Linda Holton, James Kunzi, Norman Lessard and Rose Ann Sellers.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Corde Armstrong, Douglas Boedenauer, Brittany Bohman, Amy Brewer, Erin Dunbar, Sara Escobedo, Amanda Gildea, Laban Gillilan, Amanda Gray, Cassandra Haanpaa, Derek Hawkins, Courtney Hayes, Kerri Hickenbottom, Dobnei Hintze, Daniel Jolly, Tyler Lenox, Rochelle Maynor, Nicholas Minter, Angelle Mullins, Brittany Puzey, Jesse Rasner, Madelyn Reyes, Louis Sison, Crystal Sisson, Andrew Tucker, Michelle VanEPPS, Kendra Wilson, Malachi Mansfield, Tina Bodden, Samantha Boykin, Andrew Cardinal, Elizabeth Conner, Julie Cook, Jessica DeBacco, Ashley Domina, Danielle Eyman, Amber King, Cassandra Laberee, Alejandro Martinez, Jessica May, Christopher McClung, Sabrina McCraw, Joshua Miles, Spencer Moulden, Clinton Pheasant, Robert Richardson, Crystal Rose, Kelly Shaw, Cora Shuagis, Ashley Stafford, Barbara Tajner, Tiffany Trotter, Brian Welch, Jeremy Wiest, Hugo Zambrano, Sarah Aldama, Adam Anderson, Logan Anderson, Ryan Bauer, Christopher Bechtold, Amanda Beer, Oscar Copeland, Michel Davis, Kayla Dunn, Jeannie Fillmore, Andrew Fleming, Noah Greenspan, Summer Griffith, Nathan Horstman, Micah Leval, Matthew Lyon, Audrina McNeil, Bryan Miller, Jason, Olney, Sarah Ravenelle, Eric Resendiz, Ismael Rodriguez, Sarah Snowhill, Skyler Turner, Winter Woodward, Ruben Anaya, Valerie Bevans, Richard Campbell, Ginny Clementi, Robyn Conn, Vincent Cramer, Cody Drews, Alex Ferguson, Matthew Fiske, Ashley Fox, Charles Hanselman, David Jones, Jason Klug, Angelica Leon, Donald McMurtrey, Jessica McWilliams, Brittany Messer, Andrew Meyer, Charles Meznarich, Chris Mitchell, Shelby Moulden, Mick Ochoa, Emily Ortiz, Leticia Ramirez, Jacob Rasner, Andrew Rodriguez, Zachary Spraggins, Erin Wagner, Sierra Woodward, Daniel Works, Ruben Anaya, Ashley Barredo, Nereida Burgara, Tiffany Eyerly, Erick Guerra, Heather Harington, Melissa Keener, Ricky Spuehler, Samantha Thurber, Jennifer Wages, Cassie Workman, Ronald Higgins, Zakre Large, Cory Larson, Jaime Moreno, Courtney Pace, Sarah Snowhill, Imelda Vargas, Heath Gibson, Solomon Guyton, Alicia Kluck, Angela Koontz, Gordon Labrum, Amanda Rosier, Jesse Smith, Danny Verduzco, Fidelina Funes, Joseph Hansen, Noemi Hernandez, Lloyd Holden, Steven Jones, Amber Mestas, Eddie Peregrina, Glenda Salazar, Daniel Sanger, Dale Smith, Dennis Stoffer, Mrs. Rose, Mrs. Terry, Mrs. Fallon, Ms. Sharp, Mrs. Parsons and Mrs. Works.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Lori Bice.
Assemblyman Perkins moved that the Assembly adjourn until Monday, May 3, 1999, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:30 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon