Assembly Bill No. 400–Assemblymen Gibbons, Anderson, Christensen, Collins, Geddes and Mabey (by request)

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes certain persons to have personal information contained in certain public records
kept confidential in certain circumstances. (BDR 20‑1113)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to public records; authorizing certain persons to have personal information contained in the records of a county assessor kept confidential; authorizing a county assessor to create a program for the disclosure of confidential information for certain purposes; providing penalties for disclosing certain information about certain persons that is contained in a list of registered voters; prohibiting the disclosure of certain records of the Department of Motor Vehicles for journalistic purposes; providing penalties; 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. Chapter 250 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 15, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 15, inclusive, of this act, the

1-5  words and terms defined in sections 3 and 4 of this act have the

1-6  meanings ascribed to them in those sections.

1-7  Sec. 3.  “Confidential information” means personal

1-8  information deemed confidential pursuant to section 5 of this act.

2-1  Sec. 4.  “Personal information” means:

2-2  1.  The home address of the person;

2-3  2.  The home address of the spouse or minor child of the

2-4  person;

2-5  3.  Any photograph of the home of the person; and

2-6  4.  Any photograph of the home of the spouse or minor child

2-7  of the person,

2-8  but does not include an assessor’s parcel number.

2-9  Sec. 5.  1.  Any person who submits proof that he qualifies

2-10  as a person listed in section 6 of this act may submit a written

2-11  request to the county assessor that any personal information about

2-12  him which is contained in the records of the county assessor be

2-13  kept confidential.

2-14      2.  Except as otherwise provided in section 8 or 10 of this act,

2-15  if a county assessor receives a request for confidentiality pursuant

2-16  to subsection 1, he shall keep such information confidential and

2-17  shall not:

2-18      (a) Disclose the confidential information to anyone, unless

2-19  disclosure is specifically authorized in writing by that person; or

2-20      (b) Post the confidential information on the Internet or make

2-21  the information available to others in any other way.

2-22      Sec. 6.  The following persons may request that personal

2-23  information contained in the records of a county assessor be kept

2-24  confidential:

2-25      1.  A member of the Legislature.

2-26      2.  The Attorney General.

2-27      3.  Any justice or judge in this state.

2-28      4.  An employee of a court in this state.

2-29      5.  An attorney and investigator employed by the State.

2-30      6.  A district attorney and deputy district attorney.

2-31      7.  A county public defender and deputy public defender.

2-32      8.  A city attorney, deputy city attorney and attorney who

2-33  works for a political subdivision of the State who submits

2-34  verification to the assessor that his work for the political

2-35  subdivision routinely places him in contact with persons who are

2-36  being investigated for, charged with or have been convicted of a

2-37  criminal act.

2-38      9.  An investigator employed by a district attorney or public

2-39  defender.

2-40      10.  An elected or appointed member of the governing body of

2-41  a political subdivision of this state.

2-42      11.  An employee or retired employee of a political subdivision

2-43  of this state whose primary function is the enforcement of

2-44  municipal ordinances.

2-45      12.  A peace officer or retired peace officer.

3-1  13.  The surviving spouse or minor child of a peace officer

3-2  who was killed in the line of duty.

3-3  14.  An employee of a law enforcement agency who is

3-4  routinely placed in contact with persons who are investigated for,

3-5  charged with or convicted of a criminal act.

3-6  15.  A social worker or investigator employed by an agency

3-7  which provides child welfare services who investigates the abuse

3-8  of children.

3-9  16.  A psychiatric social worker employed by the State or a

3-10  political subdivision of the State.

3-11      17.  An employee of:

3-12      (a) The Department of Corrections;

3-13      (b) The Division of Parole and Probation of the Department of

3-14  Public Safety;

3-15      (c) The Division of Child and Family Services of the

3-16  Department of Human Resources;

3-17      (d) The State Board of Parole Commissioners;

3-18      (e) The Board of State Prison Commissioners;

3-19      (f) A county department of family, youth and juvenile services;

3-20  or

3-21      (g) A facility for the detention of juveniles.

3-22      18.  An employee of the Department of Motor Vehicles whose

3-23  primary duty is the administration of examinations for a driver’s

3-24  license pursuant to NRS 483.330.

3-25      19.  A prosecutor or investigator employed by the Federal

3-26  Government who lives in this state.

3-27      20.  A person employed as a ranger for the National Park

3-28  Service who lives in this state.

3-29      Sec. 7.  1.  Except as otherwise provided in subsection 2,

3-30  confidential information must not be disclosed until 3 years after

3-31  the person who requested confidentiality no longer occupies a

3-32  position listed in section 6 of this act.

3-33      2.  If a person listed in subsection 12, 13 or 14 of section 6 of

3-34  this act requests confidentiality, the confidential information

3-35  of that person may only be disclosed as provided in section 8 or 10

3-36  of this act.

3-37      Sec. 8.  1.  A county assessor may provide confidential

3-38  information for use:

3-39      (a) By any governmental entity, including, without limitation,

3-40  any court or law enforcement agency, in carrying out its

3-41  functions, or any person acting on behalf of a federal, state or

3-42  local governmental agency in carrying out its functions.

3-43      (b) In connection with any civil, criminal, administrative or

3-44  arbitration proceeding before any federal or state court, regulatory

3-45  body, board, commission or agency, including, without limitation,

4-1  use for service of process, investigation in anticipation of

4-2  litigation, and execution or enforcement of judgments and orders

4-3  or pursuant to an order of a federal or state court.

4-4  (c) By a private investigator, private patrolman or security

4-5  consultant who is licensed pursuant to chapter 648 of NRS, for

4-6  any use authorized pursuant to this section.

4-7  (d) In connection with an investigation conducted pursuant to

4-8  NRS 253.0415, 253.044 or 253.220.

4-9  (e) In activities relating to research and the production of

4-10  statistical reports, if the address or information will not be

4-11  published or otherwise disclosed or used to contact any person.

4-12      (f) In the bulk distribution of surveys, marketing material or

4-13  solicitations, if the assessor has adopted policies and procedures to

4-14  ensure that the information will be used or sold only for use in the

4-15  bulk distribution of surveys, marketing material or solicitations.

4-16      2.  A person who obtains information pursuant to this section

4-17  and sells or discloses that information shall keep and maintain for

4-18  at least 5 years a record of:

4-19      (a) Each person to whom the information is sold or disclosed;

4-20  and

4-21      (b) The purpose for which that person will use the

4-22  information.

4-23      Sec. 9.  Except for a request from a governmental entity

4-24  pursuant to paragraph (a) of subsection 1 of section 8 of this act

4-25  or in response to an order of a federal or state court pursuant to

4-26  paragraph (b) of subsection 1 of section 8 of this act, a county

4-27  assessor may deny a request for confidential information if the

4-28  assessor reasonably believes that the information may be used in

4-29  an unauthorized manner.

4-30      Sec. 10.  A county assessor may establish a program whereby

4-31  a person may request a complete list of the assessor’s roll,

4-32  including, without limitation, any confidential information, by

4-33  establishing an account with the office of the assessor to facilitate

4-34  his ability to request such information electronically or by written

4-35  request if he has submitted to the assessor proof that he is eligible

4-36  to request such information pursuant to section 8 of this act and a

4-37  signed and notarized affidavit acknowledging:

4-38      1.  That he has read and fully understands the current laws

4-39  and regulations regarding the manner in which confidential

4-40  information from the assessor’s files and records may be obtained

4-41  and the authorized use of such information.

4-42      2.  That he understands that any sale or disclosure of such

4-43  information must be in accordance with the provisions of sections

4-44  2 to 10, inclusive, of this act.

5-1  3.  That he understands that the assessor will maintain a

5-2  record of any confidential information he requests.

5-3  4.  That he understands the penalties for violating the

5-4  provisions of sections 2 to 10, inclusive, of this act.

5-5  5.  That he understands that a violation of any of the

5-6  provisions of sections 2 to 10, inclusive, of this act may result in a

5-7  revocation of his privilege to request documents pursuant to this

5-8  section.

5-9  Sec. 11.  A county assessor who establishes a program

5-10  pursuant to section 10 of this act may:

5-11      1.  Charge a reasonable fee to cover the costs of administering

5-12  the program.

5-13      2.  Revoke the privilege to request documents pursuant to

5-14  section 10 of this act for a violation of the provisions of sections 2

5-15  to 10, inclusive, of this act.

5-16      Sec. 12.  If a professional or occupational board determines

5-17  that its licensees regularly participate in a program established

5-18  pursuant to section 10 of this act, the board shall adopt procedures

5-19  to ensure that the confidential information obtained by its

5-20  licensees pursuant to section 10 of this act is being used for the

5-21  purposes for which it was obtained.

5-22      Sec. 13.  1.  A person shall not:

5-23      (a) Make a false representation to obtain any information

5-24  pursuant to sections 2 to 10, inclusive, of this act; or

5-25      (b) Knowingly obtain or disclose information pursuant to

5-26  sections 2 to 10, inclusive, of this act, or for any use not authorized

5-27  pursuant to sections 2 to 10, inclusive, of this act.

5-28      2.  Unless a greater penalty is provided pursuant to section 14

5-29  of this act, a person who violates the provisions of this section is

5-30  guilty of a misdemeanor.

5-31      Sec. 14.  A person who discloses confidential information

5-32  about a person listed in subsection 12, 13 or 14 of section 6 of this

5-33  act in violation of sections 2 to 10, inclusive, of this act, and the

5-34  person who makes the disclosure knows or reasonably should

5-35  know that such disclosure will create a substantial risk of bodily

5-36  harm to the person about whom the information pertains, is guilty

5-37  of:

5-38      1.  If no bodily harm results, a misdemeanor.

5-39      2.  If bodily harm results which is not substantial bodily harm,

5-40  a gross misdemeanor.

5-41      3.  If substantial bodily harm results, a category D felony and

5-42  shall be punished as provided in NRS 193.130.

5-43      Sec. 15.  In addition to any penalty imposed pursuant to

5-44  section 13 or 14 of this act, the court may order a person who

6-1  commits an act described in those sections to pay a civil penalty in

6-2  an amount not to exceed $2,500 for each act.

6-3  Sec. 16.  Chapter 293 of NRS is hereby amended by adding

6-4  thereto a new section to read as follows:

6-5  1.  A person who discloses from a list of registered voters the

6-6  address or telephone number of a peace officer or employee of a

6-7  law enforcement agency, the spouse or minor child of such a

6-8  person, or the surviving spouse or minor child of a peace officer

6-9  who was killed in the line of duty in violation of subsection 2 of

6-10  NRS 293.558 and the person who makes the disclosure knows or

6-11  reasonably should know that such disclosure will create a

6-12  substantial risk of bodily harm to the person about whom the

6-13  information pertains, is guilty of:

6-14      (a) If no bodily harm results, a misdemeanor.

6-15      (b) If bodily harm results which is not substantial bodily harm,

6-16  a gross misdemeanor.

6-17      (c) If substantial bodily harm results, a category D felony and

6-18  shall be punished as provided in NRS 193.130.

6-19      2.  In addition to any penalty imposed pursuant to subsection

6-20  1, the court may order a person who commits an act described in

6-21  subsection 1 to pay a civil penalty in an amount not to exceed

6-22  $2,500 for each act.

6-23      Sec. 17.  Chapter 481 of NRS is hereby amended by adding

6-24  thereto a new section to read as follows:

6-25      1.  A person who discloses personal information about a

6-26  person listed in subsection 12, 13 or 14 of section 6 of this act in

6-27  violation of subsection 5 of NRS 481.063 and the person who

6-28  makes the disclosure knows or reasonably should know that such

6-29  disclosure will create a substantial risk of bodily harm to the

6-30  person about whom the information pertains, is guilty of:

6-31      (a) If no bodily harm results, a misdemeanor.

6-32      (b) If bodily harm results which is not substantial bodily harm,

6-33  a gross misdemeanor.

6-34      (c) If substantial bodily harm results, a category D felony and

6-35  shall be punished as provided in NRS 193.130.

6-36      2.  In addition to any penalty imposed pursuant to subsection

6-37  1, the court may order a person who commits an act described in

6-38  subsection 1 to pay a civil penalty in an amount not to exceed

6-39  $2,500 for each act.

6-40      Sec. 18.  NRS 481.063 is hereby amended to read as follows:

6-41      481.063  1.  The Director may charge and collect reasonable

6-42  fees for official publications of the Department and from persons

6-43  making use of files and records of the Department or its various

6-44  divisions for a private purpose. All money so collected must be

6-45  deposited in the State Treasury for credit to the Motor Vehicle Fund.

7-1  2.  Except as otherwise provided in subsection 5, the Director

7-2  may release personal information, except a photograph, from a file

7-3  or record relating to the driver’s license, identification card, or title

7-4  or registration of a vehicle of a person if the requester submits a

7-5  written release from the person who holds a lien on the vehicle, or

7-6  an agent of that person, or the person about whom the information is

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

7-8  the request. The written release must be in a form required by the

7-9  Director.

7-10      3.  Except as otherwise provided in subsection 2, the Director

7-11  shall not release to any person who is not a representative of the

7-12  Welfare Division of the Department of Human Resources or an

7-13  officer, employee or agent of a law enforcement agency, an agent of

7-14  the public defender’s office or an agency of a local government

7-15  which collects fines imposed for parking violations, who is not

7-16  conducting an investigation pursuant to NRS 253.0415, 253.044 or

7-17  253.220, who is not authorized to transact insurance pursuant to

7-18  chapter 680A of NRS or who is not licensed as a private investigator

7-19  pursuant to chapter 648 of NRS and conducting an investigation of

7-20  an insurance claim:

7-21      (a) A list which includes license plate numbers combined with

7-22  any other information in the records or files of the Department;

7-23      (b) The social security number of any person, if it is requested to

7-24  facilitate the solicitation of that person to purchase a product or

7-25  service; or

7-26      (c) The name, address, telephone number or any other

7-27  personally identifiable information if the information is requested by

7-28  the presentation of a license plate number.

7-29  When such personally identifiable information is requested of a law

7-30  enforcement agency by the presentation of a license plate number,

7-31  the law enforcement agency shall conduct an investigation regarding

7-32  the person about whom information is being requested or, as soon as

7-33  practicable, provide the requester with the requested information if

7-34  the requester officially reports that the motor vehicle bearing that

7-35  license plate was used in a violation of NRS 205.240, 205.345,

7-36  205.380 or 205.445.

7-37      4.  Except as otherwise provided in subsections 2 and 5, the

7-38  Director shall not release any personal information from a file or

7-39  record relating to a driver’s license, identification card, or title or

7-40  registration of a vehicle.

7-41      5.  Except as otherwise provided in subsection 6, if a person or

7-42  governmental entity provides a description of the information

7-43  requested and its proposed use and signs an affidavit to that effect,

7-44  the Director may release any personal information from a file or

8-1  record relating to a driver’s license, identification card, or title or

8-2  registration of a vehicle for use:

8-3  (a) By any governmental entity, including, but not limited to,

8-4  any court or law enforcement agency, in carrying out its functions,

8-5  or any person acting on behalf of a federal, state or local

8-6  governmental agency in carrying out its functions. The personal

8-7  information may include a photograph from a file or record relating

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

8-9  vehicle.

8-10      (b) In connection with any civil, criminal, administrative or

8-11  arbitration proceeding before any federal or state court, regulatory

8-12  body, board, commission or agency, including, but not limited to,

8-13  use for service of process, investigation in anticipation of litigation,

8-14  and execution or enforcement of judgments and orders, or pursuant

8-15  to an order of a federal or state court.

8-16      (c) In connection with matters relating to:

8-17          (1) The safety of drivers of motor vehicles;

8-18          (2) Safety and thefts of motor vehicles;

8-19          (3) Emissions from motor vehicles;

8-20          (4) Alterations of products related to motor vehicles;

8-21          (5) An advisory notice relating to a motor vehicle or the

8-22  recall of a motor vehicle;

8-23          (6) Monitoring the performance of motor vehicles;

8-24          (7) Parts or accessories of motor vehicles;

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

8-26          (9) Removal of nonowner records from the original records

8-27  of motor vehicle manufacturers.

8-28      (d) By any insurer, self-insurer or organization that provides

8-29  assistance or support to an insurer or self-insurer or its agents,

8-30  employees or contractors, in connection with activities relating to

8-31  the rating, underwriting or investigation of claims or the prevention

8-32  of fraud.

8-33      (e) In providing notice to the owners of vehicles that have been

8-34  towed, repossessed or impounded.

8-35      (f) By an employer or its agent or insurer to obtain or verify

8-36  information relating to a holder of a commercial driver’s license

8-37  who is employed by or has applied for employment with the

8-38  employer.

8-39      (g) By a private investigator, private patrolman or security

8-40  consultant who is licensed pursuant to chapter 648 of NRS, for any

8-41  use permitted pursuant to this section.

8-42      (h) [By] Except as otherwise provided in this subsection, by a

8-43  reporter or editorial employee who is employed by or affiliated with

8-44  any newspaper, press association or commercially operated,

8-45  federally licensed radio or television station for a journalistic

9-1  purpose. The Department may not make any inquiries regarding the

9-2  use of or reason for the information requested other than whether the

9-3  information will be used for a journalistic purpose. The Director

9-4  may not release any personal information concerning a person

9-5  listed in section 6 of this act unless the disclosure is specifically

9-6  authorized in writing by that person.

9-7  (i) In connection with an investigation conducted pursuant to

9-8  NRS 253.0415, 253.044 or 253.220.

9-9  (j) In activities relating to research and the production of

9-10  statistical reports, if the personal information will not be published

9-11  or otherwise redisclosed, or used to contact any person.

9-12      (k) In the bulk distribution of surveys, marketing material or

9-13  solicitations, if the Director has adopted policies and procedures to

9-14  ensure that:

9-15          (1) The information will be used or sold only for use in the

9-16  bulk distribution of surveys, marketing material or solicitations;

9-17          (2) Each person about whom the information is requested has

9-18  clearly been provided with an opportunity to authorize such a use;

9-19  and

9-20          (3) If the person about whom the information is requested

9-21  does not authorize such a use, the bulk distribution will not be

9-22  directed toward that person.

9-23      6.  Except as otherwise provided in paragraph (j) of subsection

9-24  5, a person who requests and receives personal information may sell

9-25  or disclose that information only for a use permitted pursuant to

9-26  subsection 5. Such a person shall keep and maintain for 5 years a

9-27  record of:

9-28      (a) Each person to whom the information is provided; and

9-29      (b) The purpose for which that person will use the

9-30  information.

9-31  The record must be made available for examination by the

9-32  Department at all reasonable times upon request.

9-33      7.  Except as otherwise provided in subsection 2, the Director

9-34  may deny any use of the files and records if he reasonably believes

9-35  that the information taken may be used for an unwarranted invasion

9-36  of a particular person’s privacy.

9-37      8.  Except as otherwise provided in NRS 485.316, the Director

9-38  shall not allow any person to make use of information retrieved

9-39  from the database created pursuant to NRS 485.313 for a private

9-40  purpose and shall not in any other way release any information

9-41  retrieved from that database.

9-42      9.  The Director shall adopt such regulations as he deems

9-43  necessary to carry out the purposes of this section. In addition, the

9-44  Director shall, by regulation, establish a procedure whereby a person

9-45  who is requesting personal information may establish an account

10-1  with the Department to facilitate his ability to request information

10-2  electronically or by written request if he has submitted to the

10-3  Department proof of his employment or licensure, as applicable, and

10-4  a signed and notarized affidavit acknowledging:

10-5      (a) That he has read and fully understands the current laws and

10-6  regulations regarding the manner in which information from the

10-7  Department’s files and records may be obtained and the limited uses

10-8  which are permitted;

10-9      (b) That he understands that any sale or disclosure of

10-10  information so obtained must be in accordance with the provisions

10-11  of this section;

10-12     (c) That he understands that a record will be maintained by the

10-13  Department of any information he requests; and

10-14     (d) That he understands that a violation of the provisions of this

10-15  section is a criminal offense.

10-16     10.  [It is unlawful for any person to:

10-17     (a) Make] Unless a greater penalty is provided pursuant to

10-18  section 17 of this act, a person who:

10-19     (a) Makes a false representation to obtain any information from

10-20  the files or records of the Department[.] ; or

10-21     (b) Knowingly [obtain or disclose] obtains or discloses any

10-22  information from the files or records of the Department for any use

10-23  not permitted by the provisions of this chapter[.] ,

10-24  is guilty of a misdemeanor.

10-25     11.  As used in this section, “personal information” means

10-26  information that reveals the identity of a person, including, without

10-27  limitation, his photograph, social security number, driver’s license

10-28  number, identification card number, name, address, telephone

10-29  number or information regarding a medical condition or disability.

10-30  The term does not include the zip code of a person when separate

10-31  from his full address, information regarding vehicular accidents or

10-32  driving violations in which he has been involved or other

10-33  information otherwise affecting his status as a driver.

10-34     Sec. 19.  This act becomes effective on July 1, 2003.

 

10-35  H