Senate Bill No. 41–Senator Rawson

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing release and use of limited personal information to certain supervisors of personnel involved in security of resort hotels. (BDR 14‑110)

 

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 public safety; authorizing certain supervisors of personnel involved in the security of resort hotels to receive limited personal information contained in the files of the Department of Motor Vehicles, records of criminal history from agencies of criminal justice and certain other information from local law enforcement agencies; 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 179A of NRS is hereby amended by

1-2  adding thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  “Resort hotel” has the meaning ascribed to it in

1-4  NRS 463.01865.

1-5  Sec. 3.  1.  After the receipt of the name of the registered

1-6  owner of a motor vehicle pursuant to section 6 of this act, the

1-7  supervisor of personnel involved in the security of a resort hotel

1-8  may request the disclosure of:

1-9  (a) A record of criminal history concerning the registered

1-10  owner from an agency of criminal justice pursuant to NRS

1-11  179A.100; or

2-1  (b) Information from a local law enforcement agency relating

2-2  to whether the registered owner is wanted for questioning by the

2-3  local law enforcement agency.

2-4  2.  As used in this section, “registered owner” has the

2-5  meaning ascribed to it in NRS 482.102.

2-6  Sec. 4.  NRS 179A.010 is hereby amended to read as follows:

2-7  179A.010  As used in this chapter, unless the context otherwise

2-8  requires, the words and terms defined in NRS 179A.020 to

2-9  179A.073, inclusive, and section 2 of this act have the meanings

2-10  ascribed to them in those sections.

2-11      Sec. 5.  NRS 179A.100 is hereby amended to read as follows:

2-12      179A.100  1.  The following records of criminal history may

2-13  be disseminated by an agency of criminal justice without any

2-14  restriction pursuant to this chapter:

2-15      (a) Any which reflect records of conviction only; and

2-16      (b) Any which pertain to an incident for which a person is

2-17  currently within the system of criminal justice, including parole or

2-18  probation.

2-19      2.  Without any restriction pursuant to this chapter, a record of

2-20  criminal history or the absence of such a record may be:

2-21      (a) Disclosed among agencies which maintain a system for the

2-22  mutual exchange of criminal records.

2-23      (b) Furnished by one agency to another to administer the system

2-24  of criminal justice, including the furnishing of information by a

2-25  police department to a district attorney.

2-26      (c) Reported to the Central Repository.

2-27      3.  An agency of criminal justice shall disseminate to a

2-28  prospective employer, upon request, records of criminal history

2-29  concerning a prospective employee or volunteer which:

2-30      (a) Reflect convictions only; or

2-31      (b) Pertain to an incident for which the prospective employee or

2-32  volunteer is currently within the system of criminal justice,

2-33  including parole or probation.

2-34      4.  The Central Repository shall disseminate to a prospective or

2-35  current employer, upon request, information relating to sexual

2-36  offenses concerning an employee, prospective employee, volunteer

2-37  or prospective volunteer who gives his written consent to the release

2-38  of that information.

2-39      5.  Records of criminal history must be disseminated by an

2-40  agency of criminal justice upon request, to the following persons or

2-41  governmental entities:

2-42      (a) The person who is the subject of the record of criminal

2-43  history for the purposes of NRS 179A.150.

2-44      (b) The person who is the subject of the record of criminal

2-45  history or his attorney of record when the subject is a party in a

3-1  judicial, administrative, licensing, disciplinary or other proceeding

3-2  to which the information is relevant.

3-3  (c) The State Gaming Control Board.

3-4  (d) The State Board of Nursing.

3-5  (e) The Private Investigator’s Licensing Board to investigate an

3-6  applicant for a license.

3-7  (f) A public administrator to carry out his duties as prescribed in

3-8  chapter 253 of NRS.

3-9  (g) A public guardian to investigate a ward or proposed ward or

3-10  persons who may have knowledge of assets belonging to a ward or

3-11  proposed ward.

3-12      (h) Any agency of criminal justice of the United States or of

3-13  another state or the District of Columbia.

3-14      (i) Any public utility subject to the jurisdiction of the Public

3-15  Utilities Commission of Nevada when the information is necessary

3-16  to conduct a security investigation of an employee or prospective

3-17  employee, or to protect the public health, safety or welfare.

3-18      (j) Persons and agencies authorized by statute, ordinance,

3-19  executive order, court rule, court decision or court order as

3-20  construed by appropriate state or local officers or agencies.

3-21      (k) Any person or governmental entity which has entered into a

3-22  contract to provide services to an agency of criminal justice relating

3-23  to the administration of criminal justice, if authorized by the

3-24  contract, and if the contract also specifies that the information will

3-25  be used only for stated purposes and that it will be otherwise

3-26  confidential in accordance with state and federal law and regulation.

3-27      (l) Any reporter for the electronic or printed media in his

3-28  professional capacity for communication to the public.

3-29      (m) Prospective employers if the person who is the subject of

3-30  the information has given written consent to the release of that

3-31  information by the agency which maintains it.

3-32      (n) For the express purpose of research, evaluative or statistical

3-33  programs pursuant to an agreement with an agency of criminal

3-34  justice.

3-35      (o) An agency which provides child welfare services, as defined

3-36  in NRS 432B.030.

3-37      (p) The Welfare Division of the Department of Human

3-38  Resources or its designated representative.

3-39      (q) An agency of this or any other state or the Federal

3-40  Government that is conducting activities pursuant to Part D of

3-41  Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq.

3-42      (r) The State Disaster Identification Team of the Division of

3-43  Emergency Management of the Department.

3-44      (s) The Commissioner of Insurance.

4-1  (t) The supervisor of any personnel involved in the security of

4-2  a resort hotel.

4-3  6.  Agencies of criminal justice in this state which receive

4-4  information from sources outside this state concerning transactions

4-5  involving criminal justice which occur outside Nevada shall treat the

4-6  information as confidentially as is required by the provisions of this

4-7  chapter.

4-8  Sec. 6.  Chapter 481 of NRS is hereby amended by adding

4-9  thereto a new section to read as follows:

4-10      1.  For the purposes of the Driver’s Privacy Protection Act of

4-11  1994, 18 U.S.C. § 2721, the Legislature hereby declares that the

4-12  disclosure of personal information pursuant to subsection 3 is

4-13  necessary to protect the public safety.

4-14      2.  To protect public safety, a resort hotel that wishes to obtain

4-15  the names of registered owners of motor vehicles located on its

4-16  property may submit to the Director the names of the supervisors

4-17  of personnel involved in the security of the resort hotel who are

4-18  authorized to receive such information.

4-19      3.  Upon the presentation of a license plate number, the

4-20  Director shall release the name of the registered owner of a motor

4-21  vehicle to a supervisor of personnel involved in the security of a

4-22  resort hotel identified pursuant to subsection 2.

4-23      4.  For the purposes of this section:

4-24      (a) “Registered owner” has the meaning ascribed to it in

4-25  NRS 482.102.

4-26      (b) “Resort hotel” has the meaning ascribed to it in

4-27  NRS 463.01865.

4-28      Sec. 7.  NRS 481.063 is hereby amended to read as follows:

4-29      481.063  1.  The Director may charge and collect reasonable

4-30  fees for official publications of the Department and from persons

4-31  making use of files and records of the Department or its various

4-32  divisions for a private purpose. All money so collected must be

4-33  deposited in the State Treasury for credit to the Motor Vehicle Fund.

4-34      2.  Except as otherwise provided in subsection 5, the Director

4-35  may release personal information, except a photograph, from a file

4-36  or record relating to the driver’s license, identification card, or title

4-37  or registration of a vehicle of a person if the requester submits a

4-38  written release from the person who holds a lien on the vehicle, or

4-39  an agent of that person, or the person about whom the information is

4-40  requested which is dated not more than 90 days before the date of

4-41  the request. The written release must be in a form required by the

4-42  Director.

4-43      3.  Except as otherwise provided in subsection 2[,] and section

4-44  6 of this act, the Director shall not release to any person who is not

4-45  a representative of the Welfare Division of the Department of

5-1  Human Resources or an officer, employee or agent of a law

5-2  enforcement agency, an agent of the public defender’s office or an

5-3  agency of a local government which collects fines imposed for

5-4  parking violations, who is not conducting an investigation pursuant

5-5  to NRS 253.0415, 253.044 or 253.220, who is not authorized to

5-6  transact insurance pursuant to chapter 680A of NRS or who is not

5-7  licensed as a private investigator pursuant to chapter 648 of NRS

5-8  and conducting an investigation of an insurance claim:

5-9  (a) A list which includes license plate numbers combined with

5-10  any other information in the records or files of the Department;

5-11      (b) The social security number of any person, if it is requested to

5-12  facilitate the solicitation of that person to purchase a product or

5-13  service; or

5-14      (c) The name, address, telephone number or any other

5-15  personally identifiable information if the information is requested by

5-16  the presentation of a license plate number.

5-17  When such personally identifiable information is requested of a law

5-18  enforcement agency by the presentation of a license plate number,

5-19  the law enforcement agency shall conduct an investigation regarding

5-20  the person about whom information is being requested or, as soon as

5-21  practicable, provide the requester with the requested information if

5-22  the requester officially reports that the motor vehicle bearing that

5-23  license plate was used in a violation of NRS 205.240, 205.345,

5-24  205.380 or 205.445.

5-25      4.  Except as otherwise provided in subsections 2 and 5, the

5-26  Director shall not release any personal information from a file or

5-27  record relating to a driver’s license, identification card, or title

5-28  or registration of a vehicle.

5-29      5.  Except as otherwise provided in subsection 6, if a person or

5-30  governmental entity provides a description of the information

5-31  requested and its proposed use and signs an affidavit to that effect,

5-32  the Director may release any personal information from a file or

5-33  record relating to a driver’s license, identification card, or title or

5-34  registration of a vehicle for use:

5-35      (a) By any governmental entity, including, but not limited to,

5-36  any court or law enforcement agency, in carrying out its functions,

5-37  or any person acting on behalf of a federal, state or local

5-38  governmental agency in carrying out its functions. The personal

5-39  information may include a photograph from a file or record relating

5-40  to a driver’s license, identification card, or title or registration of a

5-41  vehicle.

5-42      (b) In connection with any civil, criminal, administrative or

5-43  arbitration proceeding before any federal or state court, regulatory

5-44  body, board, commission or agency, including, but not limited to,

5-45  use for service of process, investigation in anticipation of litigation,

6-1  and execution or enforcement of judgments and orders, or pursuant

6-2  to an order of a federal or state court.

6-3  (c) In connection with matters relating to:

6-4       (1) The safety of drivers of motor vehicles;

6-5       (2) Safety and thefts of motor vehicles;

6-6       (3) Emissions from motor vehicles;

6-7       (4) Alterations of products related to motor vehicles;

6-8       (5) An advisory notice relating to a motor vehicle or the

6-9  recall of a motor vehicle;

6-10          (6) Monitoring the performance of motor vehicles;

6-11          (7) Parts or accessories of motor vehicles;

6-12          (8) Dealers of motor vehicles; or

6-13          (9) Removal of nonowner records from the original records

6-14  of motor vehicle manufacturers.

6-15      (d) By any insurer, self-insurer or organization that provides

6-16  assistance or support to an insurer or self-insurer or its agents,

6-17  employees or contractors, in connection with activities relating to

6-18  the rating, underwriting or investigation of claims or the prevention

6-19  of fraud.

6-20      (e) In providing notice to the owners of vehicles that have been

6-21  towed, repossessed or impounded.

6-22      (f) By an employer or its agent or insurer to obtain or verify

6-23  information relating to a holder of a commercial driver’s license

6-24  who is employed by or has applied for employment with the

6-25  employer.

6-26      (g) By a private investigator, private patrolman or security

6-27  consultant who is licensed pursuant to chapter 648 of NRS, for any

6-28  use permitted pursuant to this section.

6-29      (h) By a reporter or editorial employee who is employed by or

6-30  affiliated with any newspaper, press association or commercially

6-31  operated, federally licensed radio or television station for a

6-32  journalistic purpose. The Department may not make any inquiries

6-33  regarding the use of or reason for the information requested other

6-34  than whether the information will be used for a journalistic purpose.

6-35      (i) In connection with an investigation conducted pursuant to

6-36  NRS 253.0415, 253.044 or 253.220.

6-37      (j) In activities relating to research and the production of

6-38  statistical reports, if the personal information will not be published

6-39  or otherwise redisclosed, or used to contact any person.

6-40      (k) In the bulk distribution of surveys, marketing material or

6-41  solicitations, if the Director has adopted policies and procedures to

6-42  ensure that:

6-43          (1) The information will be used or sold only for use in the

6-44  bulk distribution of surveys, marketing material or solicitations;

7-1       (2) Each person about whom the information is requested has

7-2  clearly been provided with an opportunity to authorize such a use;

7-3  and

7-4       (3) If the person about whom the information is requested

7-5  does not authorize such a use, the bulk distribution will not be

7-6  directed toward that person.

7-7  6.  Except as otherwise provided in paragraph (j) of subsection

7-8  5, a person who requests and receives personal information may sell

7-9  or disclose that information only for a use permitted pursuant to

7-10  subsection 5. Such a person shall keep and maintain for 5 years a

7-11  record of:

7-12      (a) Each person to whom the information is provided; and

7-13      (b) The purpose for which that person will use the

7-14  information.

7-15  The record must be made available for examination by the

7-16  Department at all reasonable times upon request.

7-17      7.  Except as otherwise provided in subsection 2, the Director

7-18  may deny any use of the files and records if he reasonably believes

7-19  that the information taken may be used for an unwarranted invasion

7-20  of a particular person’s privacy.

7-21      8.  Except as otherwise provided in NRS 485.316, the Director

7-22  shall not allow any person to make use of information retrieved

7-23  from the database created pursuant to NRS 485.313 for a private

7-24  purpose and shall not in any other way release any information

7-25  retrieved from that database.

7-26      9.  The Director shall adopt such regulations as he deems

7-27  necessary to carry out the purposes of this section. In addition, the

7-28  Director shall, by regulation, establish a procedure whereby a person

7-29  who is requesting personal information may establish an account

7-30  with the Department to facilitate his ability to request information

7-31  electronically or by written request if he has submitted to the

7-32  Department proof of his employment or licensure, as applicable, and

7-33  a signed and notarized affidavit acknowledging:

7-34      (a) That he has read and fully understands the current laws and

7-35  regulations regarding the manner in which information from the

7-36  Department’s files and records may be obtained and the limited uses

7-37  which are permitted;

7-38      (b) That he understands that any sale or disclosure of

7-39  information so obtained must be in accordance with the provisions

7-40  of this section;

7-41      (c) That he understands that a record will be maintained by the

7-42  Department of any information he requests; and

7-43      (d) That he understands that a violation of the provisions of this

7-44  section is a criminal offense.

7-45      10.  It is unlawful for any person to:

8-1  (a) Make a false representation to obtain any information from

8-2  the files or records of the Department.

8-3  (b) Knowingly obtain or disclose any information from the files

8-4  or records of the Department for any use not permitted by the

8-5  provisions of this chapter.

8-6  11.  As used in this section, “personal information” means

8-7  information that reveals the identity of a person, including, without

8-8  limitation, his photograph, social security number, driver’s license

8-9  number, identification card number, name, address, telephone

8-10  number or information regarding a medical condition or disability.

8-11  The term does not include the zip code of a person when separate

8-12  from his full address, information regarding vehicular accidents or

8-13  driving violations in which he has been involved or other

8-14  information otherwise affecting his status as a driver.

8-15      Sec. 8.  NRS 482.170 is hereby amended to read as follows:

8-16      482.170  Except as otherwise provided in NRS 481.063 [and

8-17  485.316,] , 485.316 and section 6 of this act, all personal

8-18  information in the records of registration and licensing in the offices

8-19  of the Department is confidential and must not knowingly be

8-20  disclosed by the Department.

8-21      Sec. 9.  This act becomes effective upon passage and approval.

 

8-22  H