Assembly Bill No. 36-Assemblymen Carpenter, Sandoval, Neighbors, de Braga, Lambert, Anderson, Dini, Amodei, Marvel, Humke, Segerblom, Giunchigliani, Hickey, Collins and Tiffany
January 23, 1997
____________
Referred to Committee on Transportation
SUMMARY--Temporarily repeals provisions governing system for verifying proof of financial responsibility of owners of motor vehicles. (BDR 43-1071)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to motor vehicles; temporarily repealing the provisions governing the system for verifying proof of financial responsibility of owners of motor vehicles; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.063 is hereby amended to read as follows:
481.063 1. The director may charge and collect reasonable fees for official publications of the department and from persons making use of files and records of the department or its various divisions for a private purpose. All money so collected must be deposited in the state treasury for credit to the motor vehicle fund.
2. The director may release personal information from a file or record relating to the driver's license, identification card or title or registration of a vehicle of a person if the requester submits a notarized release from the person who holds a lien on the vehicle or the person about whom the information is requested which is dated no more than 90 days before the date of the request.
3. Except as otherwise provided in subsection 2, the director shall not release to any person who is not an officer or employee of a law enforcement agency or an agency of a local government which collects fines imposed for parking violations:
(a) A list which includes license plate numbers combined with any other information in the records or files of the department;
(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or
(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.
4. Except as otherwise provided in subsections 2 and 5, the director shall not release any personal information from a file or record relating to a driver's license, identification card or title or registration of a vehicle.
5. Except as otherwise provided in subsection 6, if a person or governmental entity appears in person or by its representative, provides a description of the information requested and its proposed use and signs an affidavit to that effect, the director may release any personal information from a file or record relating to a driver's license, identification card or title or registration of a vehicle for use:
(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. In addition, the director may, by regulation, establish a procedure whereby a governmental entity may retrieve such information electronically or by written request in lieu of appearing personally and complying with the other requirements of this subsection.
(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.
(c) In connection with matters relating to:
(1) The safety of drivers of motor vehicles;
(2) Safety and thefts of motor vehicles;
(3) Emissions from motor vehicles;
(4) Alterations of products related to motor vehicles;
(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;
(6) Monitoring the performance of motor vehicles;
(7) Parts or accessories of motor vehicles;
(8) Dealers of motor vehicles;
(9) Activities relating to research and analysis of the market for motor vehicles, such as the conducting of surveys; or
(10) Removal of nonowner records from the original records of motor vehicle manufacturers.
(d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.
(e) In providing notice to the owners of vehicles which have been towed, repossessed or impounded.
(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license who is employed by or has applied for employment with the employer.
(g) By a private investigator, private patrolman or security consultant who is licensed pursuant to NRS 648.060, for any use permitted pursuant to this section.
(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated federally licensed radio or television station for a journalistic purpose. The department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.
6. A person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person must keep and maintain for a period of 5 years a record of:
(a) Each person to [which] whom the information is provided; and
(b) The purpose for which that person will use the information,
which must be available for examination by the department at all reasonable times upon request.
7. Except as otherwise provided in subsection 2, the director may deny any use of the files and records if he reasonably believes that the information taken may be used for an unwarranted invasion of a particular person's privacy.
8. [Except as otherwise provided in NRS 485.316, the director shall not allow any person to make use of information retrieved from the data base created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that data base.
9.] The director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition , the director shall, by regulation, establish a procedure whereby a person who is requesting personal information and has personally appeared before an employee of the department at least once may establish an account with the department to facilitate his ability to request information electronically or by written request if he has submitted to the department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:
(a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the department's files and records may be obtained and the limited uses which are permitted;
(b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;
(c) That he understands that a record will be maintained by the department of any information he requests; and
(d) That he understands that a violation of the provisions of this section is a criminal offense.
[10.] 9. It is unlawful for any person to:
(a) Make a false representation to obtain any information from the files or records of the department.
(b) Knowingly obtain or disclose any information from the files or records of the department for any use not permitted by the provisions of this chapter.
[11.] 10. As used in this section, "personal information" means information which reveals the identity of a person, including his photograph, social security number, driver's license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.
Sec. 2. NRS 482.170 is hereby amended to read as follows:
482.170 Except as otherwise provided in NRS 481.063 , [and 485.316,] all personal information in the records of registration and licensing in the offices of the department is confidential and must not knowingly be disclosed by the department.
Sec. 3. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. [Except as otherwise provided in NRS 485.317, to reinstate the registration of a motor vehicle suspended pursuant to that section:
(a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or
(b) A fee of $50 for a registered owner who had insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317, but failed to return the form within the time specified in that subsection,
both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.
5.] For every travel trailer, a fee for registration of $27.
[6.] 5. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 4. NRS 483.916 is hereby amended to read as follows:
483.916 Except as otherwise provided in NRS 481.063, the department shall furnish full information regarding the driving record of any person to:
1. The driver's license administrator of any other state or of any province or territory of Canada who requests that information;
2. Any employer or prospective employer of that person upon his request and payment of a fee established in regulations adopted by the department; or
3. Any insurer upon its request and payment of a fee established in regulations adopted by the department . [if the insurer has complied with the provisions of NRS 485.314.]
Sec. 5. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, [485.318,] subsection 4 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, subsection 4 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought [under] pursuant to this section against the State of Nevada or any political subdivision of the state. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the state whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon the secretary of state and the person serving in the office of administrative head of the named agency.
3. Upon receipt of such a complaint, the secretary of state shall deliver a copy of the complaint to the attorney general.
4. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 6. NRS 482.4805, 485.313, 485.314, 485.316, 485.317 and 485.318 are hereby repealed.
Sec. 7. This act becomes effective upon passage and approval and expires by limitation on July 1, 1997.
LEADLINES OF REPEALED SECTIONS
482.4805 Transfer of money from account for verification of insurance to state highway fund.
485.313 Department to create system for verifying that owners of motor vehicles maintain insurance.
485.314 Insurer to provide monthly record; contents and form of record.
485.316 Confidentiality of information in data base; exceptions; penalty.
485.317 Verification of insurance.
485.318 Immunity from liability for actions in good faith and without gross negligence.