Assembly Bill No. 170–Assemblymen Manendo, Claborn, Ohrenschall, McClain, Gibbons, Arberry, Atkinson, Collins, Goldwater, Koivisto, Parks and Williams

 

February 20, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Provides that certain applicants for drivers’ licenses, instruction permits and identification cards may authorize Department of Motor Vehicles to forward to Selective Service System personal information necessary for registration with Selective Service System. (BDR 43‑774)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Department of Motor Vehicles; providing that certain applicants for drivers’ licenses, instruction permits, identification cards and commercial drivers’ licenses may authorize the Department of Motor Vehicles to forward to the Selective Service System personal information necessary for registration with the Selective Service System; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 481.063 is hereby amended to read as follows:

1-2  481.063  1.  The Director may charge and collect reasonable

1-3  fees for official publications of the Department and from persons

1-4  making use of files and records of the Department or its various

1-5  divisions for a private purpose. All money so collected must be

1-6  deposited in the State Treasury for credit to the Motor Vehicle Fund.

2-1  2.  Except as otherwise provided in subsection 5, the Director

2-2  may release personal information, except a photograph, from a file

2-3  or record relating to the driver’s license, identification card, or title

2-4  or registration of a vehicle of a person if the requester submits a

2-5  written release from the person who holds a lien on the vehicle, or

2-6  an agent of that person, or the person about whom the information is

2-7  requested which is dated not more than 90 days before the date of

2-8  the request. The written release must be in a form required by the

2-9  Director.

2-10      3.  Except as otherwise provided in subsection 2, the Director

2-11  shall not release to any person who is not a representative of the

2-12  Welfare Division of the Department of Human Resources or an

2-13  officer, employee or agent of a law enforcement agency, an agent of

2-14  the public defender’s office or an agency of a local government

2-15  which collects fines imposed for parking violations, who is not

2-16  conducting an investigation pursuant to NRS 253.0415, 253.044 or

2-17  253.220, who is not authorized to transact insurance pursuant to

2-18  chapter 680A of NRS or who is not licensed as a private investigator

2-19  pursuant to chapter 648 of NRS and conducting an investigation of

2-20  an insurance claim:

2-21      (a) A list which includes license plate numbers combined with

2-22  any other information in the records or files of the Department;

2-23      (b) The social security number of any person, if it is requested to

2-24  facilitate the solicitation of that person to purchase a product or

2-25  service; or

2-26      (c) The name, address, telephone number or any other

2-27  personally identifiable information if the information is requested by

2-28  the presentation of a license plate number.

2-29  When such personally identifiable information is requested of a law

2-30  enforcement agency by the presentation of a license plate number,

2-31  the law enforcement agency shall conduct an investigation regarding

2-32  the person about whom information is being requested or, as soon as

2-33  practicable, provide the requester with the requested information if

2-34  the requester officially reports that the motor vehicle bearing that

2-35  license plate was used in a violation of NRS 205.240, 205.345,

2-36  205.380 or 205.445.

2-37      4.  Except as otherwise provided in subsections 2 and 5, and

2-38  sections 3, 4 and 5 of this act, the Director shall not release any

2-39  personal information from a file or record relating to a driver’s

2-40  license, identification card, or title or registration of a vehicle.

2-41      5.  Except as otherwise provided in subsection 6, if a person or

2-42  governmental entity provides a description of the information

2-43  requested and its proposed use and signs an affidavit to that effect,

2-44  the Director may release any personal information from a file or

3-1  record relating to a driver’s license, identification card, or title or

3-2  registration of a vehicle for use:

3-3  (a) By any governmental entity, including, but not limited to,

3-4  any court or law enforcement agency, in carrying out its functions,

3-5  or any person acting on behalf of a federal, state or local

3-6  governmental agency in carrying out its functions. The personal

3-7  information may include a photograph from a file or record relating

3-8  to a driver’s license, identification card, or title or registration of a

3-9  vehicle.

3-10      (b) In connection with any civil, criminal, administrative or

3-11  arbitration proceeding before any federal or state court, regulatory

3-12  body, board, commission or agency, including, but not limited to,

3-13  use for service of process, investigation in anticipation of litigation,

3-14  and execution or enforcement of judgments and orders, or pursuant

3-15  to an order of a federal or state court.

3-16      (c) In connection with matters relating to:

3-17          (1) The safety of drivers of motor vehicles;

3-18          (2) Safety and thefts of motor vehicles;

3-19          (3) Emissions from motor vehicles;

3-20          (4) Alterations of products related to motor vehicles;

3-21          (5) An advisory notice relating to a motor vehicle or the

3-22  recall of a motor vehicle;

3-23          (6) Monitoring the performance of motor vehicles;

3-24          (7) Parts or accessories of motor vehicles;

3-25          (8) Dealers of motor vehicles; or

3-26          (9) Removal of nonowner records from the original records

3-27  of motor vehicle manufacturers.

3-28      (d) By any insurer, self-insurer or organization that provides

3-29  assistance or support to an insurer or self-insurer or its agents,

3-30  employees or contractors, in connection with activities relating to

3-31  the rating, underwriting or investigation of claims or the prevention

3-32  of fraud.

3-33      (e) In providing notice to the owners of vehicles that have been

3-34  towed, repossessed or impounded.

3-35      (f) By an employer or its agent or insurer to obtain or verify

3-36  information relating to a holder of a commercial driver’s license

3-37  who is employed by or has applied for employment with the

3-38  employer.

3-39      (g) By a private investigator, private patrolman or security

3-40  consultant who is licensed pursuant to chapter 648 of NRS, for any

3-41  use permitted pursuant to this section.

3-42      (h) By a reporter or editorial employee who is employed by or

3-43  affiliated with any newspaper, press association or commercially

3-44  operated, federally licensed radio or television station for a

3-45  journalistic purpose. The Department may not make any inquiries

4-1  regarding the use of or reason for the information requested other

4-2  than whether the information will be used for a journalistic purpose.

4-3  (i) In connection with an investigation conducted pursuant to

4-4  NRS 253.0415, 253.044 or 253.220.

4-5  (j) In activities relating to research and the production of

4-6  statistical reports, if the personal information will not be published

4-7  or otherwise redisclosed, or used to contact any person.

4-8  (k) In the bulk distribution of surveys, marketing material or

4-9  solicitations, if the Director has adopted policies and procedures to

4-10  ensure that:

4-11          (1) The information will be used or sold only for use in the

4-12  bulk distribution of surveys, marketing material or solicitations;

4-13          (2) Each person about whom the information is requested has

4-14  clearly been provided with an opportunity to authorize such a use;

4-15  and

4-16          (3) If the person about whom the information is requested

4-17  does not authorize such a use, the bulk distribution will not be

4-18  directed toward that person.

4-19      6.  Except as otherwise provided in paragraph (j) of subsection

4-20  5, a person who requests and receives personal information may sell

4-21  or disclose that information only for a use permitted pursuant to

4-22  subsection 5. Such a person shall keep and maintain for 5 years a

4-23  record of:

4-24      (a) Each person to whom the information is provided; and

4-25      (b) The purpose for which that person will use the

4-26  information.

4-27  The record must be made available for examination by the

4-28  Department at all reasonable times upon request.

4-29      7.  Except as otherwise provided in subsection 2, the Director

4-30  may deny any use of the files and records if he reasonably believes

4-31  that the information taken may be used for an unwarranted invasion

4-32  of a particular person’s privacy.

4-33      8.  Except as otherwise provided in NRS 485.316, the Director

4-34  shall not allow any person to make use of information retrieved

4-35  from the database created pursuant to NRS 485.313 for a private

4-36  purpose and shall not in any other way release any information

4-37  retrieved from that database.

4-38      9.  The Director shall adopt such regulations as he deems

4-39  necessary to carry out the purposes of this section. In addition, the

4-40  Director shall, by regulation, establish a procedure whereby a person

4-41  who is requesting personal information may establish an account

4-42  with the Department to facilitate his ability to request information

4-43  electronically or by written request if he has submitted to the

4-44  Department proof of his employment or licensure, as applicable, and

4-45  a signed and notarized affidavit acknowledging:

5-1  (a) That he has read and fully understands the current laws and

5-2  regulations regarding the manner in which information from the

5-3  Department’s files and records may be obtained and the limited uses

5-4  which are permitted;

5-5  (b) That he understands that any sale or disclosure of

5-6  information so obtained must be in accordance with the provisions

5-7  of this section;

5-8  (c) That he understands that a record will be maintained by the

5-9  Department of any information he requests; and

5-10      (d) That he understands that a violation of the provisions of this

5-11  section is a criminal offense.

5-12      10.  It is unlawful for any person to:

5-13      (a) Make a false representation to obtain any information from

5-14  the files or records of the Department.

5-15      (b) Knowingly obtain or disclose any information from the files

5-16  or records of the Department for any use not permitted by the

5-17  provisions of this chapter.

5-18      11.  As used in this section, “personal information” means

5-19  information that reveals the identity of a person, including, without

5-20  limitation, his photograph, social security number, driver’s license

5-21  number, identification card number, name, address, telephone

5-22  number or information regarding a medical condition or disability.

5-23  The term does not include the zip code of a person when separate

5-24  from his full address, information regarding vehicular accidents or

5-25  driving violations in which he has been involved or other

5-26  information otherwise affecting his status as a driver.

5-27      Sec.  2.  Chapter 483 of NRS is hereby amended by adding

5-28  thereto the provisions set forth as sections 3, 4 and 5 of this act.

5-29      Sec.  3.  1.  When applying for a driver’s license, an

5-30  instruction permit, a restricted license, a special restricted license

5-31  or a duplicate or substitute of such a license or permit, or for the

5-32  renewal or reinstatement of such a license or permit, a male

5-33  applicant who is:

5-34      (a) A citizen of the United States or an immigrant; and

5-35      (b) At least 18 years of age but less than 26 years of

5-36  age,

5-37  may authorize the Department to register him with the Selective

5-38  Service System in compliance with section 3 of the Military

5-39  Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.

5-40      2.  An application for a driver’s license, an instruction permit,

5-41  a restricted license, a special restricted license or a duplicate or

5-42  substitute of such a license or permit, or for the renewal or

5-43  reinstatement of such a license or permit, must include a box

5-44  which may be checked by an applicant described in subsection 1 to

5-45  authorize the Department to submit the necessary personal

6-1  information to the Selective Service System to register the

6-2  applicant in compliance with federal law. The application must

6-3  also inform the applicant that by registering with the Selective

6-4  Service System in compliance with federal law, the applicant

6-5  remains eligible for federal student loans, grants, benefits relating

6-6  to job training, most federal jobs and, if applicable, citizenship in

6-7  the United States.

6-8  3.  If an applicant indicates on his application that he wishes

6-9  the Department to forward the necessary personal information to

6-10  the Selective Service System, the Department shall forward that

6-11  information to the Selective Service System in an electronic

6-12  format.

6-13      Sec.  4.  1.  When applying for an identification card or a

6-14  duplicate identification card, a male applicant who is:

6-15      (a) A citizen of the United States or an immigrant; and

6-16      (b) At least 18 years of age but less than 26 years of

6-17  age,

6-18  may authorize the Department to register him with the Selective

6-19  Service System in compliance with section 3 of the Military

6-20  Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.

6-21      2.  An application for an identification card or a duplicate

6-22  identification card must include a box which may be checked by

6-23  an applicant described in subsection 1 to authorize the

6-24  Department to submit the necessary personal information to the

6-25  Selective Service System to register the applicant in compliance

6-26  with federal law. The application must also inform the applicant

6-27  that by registering with the Selective Service System in compliance

6-28  with federal law, the applicant remains eligible for federal student

6-29  loans, grants, benefits relating to job training, most federal jobs

6-30  and, if applicable, citizenship in the United States.

6-31      3.  If an applicant indicates on his application that he wishes

6-32  the Department to forward the necessary personal information to

6-33  the Selective Service System, the Department shall forward that

6-34  information to the Selective Service System in an electronic

6-35  format.

6-36      Sec.  5.  1.  When applying for a commercial driver’s

6-37  license, duplicate commercial driver’s license or learner’s permit,

6-38  or for the renewal or reinstatement of a commercial driver’s

6-39  license, a male applicant who is:

6-40      (a) A citizen of the United States or an immigrant; and

6-41      (b) At least 18 years of age but less than 26 years of

6-42  age,

6-43  may authorize the Department to register him with the Selective

6-44  Service System in compliance with section 3 of the Military

6-45  Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.

7-1  2.  An application for a commercial driver’s license, duplicate

7-2  commercial driver’s license or learner’s permit, or for the renewal

7-3  or reinstatement of a commercial driver’s license, must include a

7-4  box which may be checked by an applicant described in subsection

7-5  1 to authorize the Department to submit the necessary personal

7-6  information to the Selective Service System to register the

7-7  applicant in compliance with federal law. The application must

7-8  also inform the applicant that by registering with the Selective

7-9  Service System in compliance with federal law, the applicant

7-10  remains eligible for federal student loans, grants, benefits relating

7-11  to job training, most federal jobs and, if applicable, citizenship in

7-12  the United States.

7-13      3.  If an applicant indicates on his application that he wishes

7-14  the Department to forward the necessary personal information to

7-15  the Selective Service System, the Department shall forward that

7-16  information to the Selective Service System in an electronic

7-17  format.

7-18      Sec.  6.  NRS 483.015 is hereby amended to read as follows:

7-19      483.015  Except as otherwise provided in NRS 483.330, the

7-20  provisions of NRS 483.010 to 483.630, inclusive, and section 3 of

7-21  this act apply only with respect to noncommercial drivers’ licenses.

7-22      Sec.  7.  NRS 483.020 is hereby amended to read as follows:

7-23      483.020  As used in NRS 483.010 to 483.630, inclusive, and

7-24  section 3 of this act, unless the context otherwise requires, the

7-25  words and terms defined in NRS 483.030 to 483.190, inclusive,

7-26  have the meanings ascribed to them in those sections.

7-27      Sec.  8.  NRS 483.820 is hereby amended to read as follows:

7-28      483.820  1.  A person who applies for an identification card in

7-29  accordance with the provisions of NRS 483.810 to 483.890,

7-30  inclusive, and section 4 of this act is entitled to receive an

7-31  identification card if he is:

7-32      (a) A resident of this state and is 10 years of age or older and

7-33  does not hold a valid driver’s license or identification card from any

7-34  state or jurisdiction; or

7-35      (b) A seasonal resident who does not hold a valid Nevada

7-36  driver’s license.

7-37      2.  The Department shall charge and collect the following fees

7-38  for the issuance of an original, duplicate or changed identification

7-39  card:

 

7-40  An original or duplicate identification card issued to a

7-41  person 65 years of age or older............ $4

7-42  An original or duplicate identification card issued to a

7-43  person under 18 years of age.................. 3

8-1  An original or duplicate identification card issued to any

8-2  other person............................................ $9

8-3  A new photograph or change of name, or both4

 

8-4  3.  The Department shall not charge a fee for an identification

8-5  card issued to a person who has voluntarily surrendered his driver’s

8-6  license pursuant to NRS 483.420.

8-7  4.  The increase in fees authorized in NRS 483.347 must be

8-8  paid in addition to the fees charged pursuant to this section.

8-9  5.  As used in this section, “photograph” has the meaning

8-10  ascribed to it in NRS 483.125.

8-11      Sec.  9.  NRS 483.902 is hereby amended to read as follows:

8-12      483.902  The provisions of NRS 483.900 to 483.940, inclusive,

8-13  and section 5 of this act apply only with respect to commercial

8-14  drivers’ licenses.

8-15      Sec.  10.  NRS 483.904 is hereby amended to read as follows:

8-16      483.904  As used in NRS 483.900 to 483.940, inclusive, and

8-17  section 5 of this act, unless the context otherwise requires:

8-18      1.  “Commercial driver’s license” means a license issued to a

8-19  person which authorizes him to drive a class or type of commercial

8-20  motor vehicle.

8-21      2.  “Commercial Driver’s License Information System” means

8-22  the information system established by the United States Federal

8-23  Highway Administration pursuant to section 12007 of the

8-24  Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. § [2706,]

8-25  31309, to serve as a clearinghouse for locating information relating

8-26  to the licensing and identification of drivers of commercial motor

8-27  vehicles.

8-28      3.  “Out-of-service order” means a temporary prohibition

8-29  against driving a commercial motor vehicle.

8-30      Sec.  11.  The Department of Motor Vehicles shall take all

8-31  action necessary to ensure that the application form it uses for each

8-32  license, permit and identification card described in section 3, 4 or 5

8-33  of this act complies with the requirements of those sections on and

8-34  after October 1, 2003.

8-35      Sec.  12.  1.  This section and section 11 of this act become

8-36  effective upon passage and approval.

8-37      2.  Sections 1 to 10, inclusive, of this act become effective on

8-38  October 1, 2003.

 

8-39  H