1. Joint Sponsor: Senator Jacobsen

CHAPTER........

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

1. 481.063 1. The director may charge and collect reasonable fees for

1. enforcement agency by the presentation of a license plate number, the law
2. enforcement agency shall conduct an investigation regarding the person

1. about whom information is being requested or, as soon as practicable,

1. provide the requester with the requested information if the requester

1. officially reports that the motor vehicle bearing that license plate was used

1. in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

1. 4. Except as otherwise provided in subsections 2 and 5, the director

1. shall not release any personal information from a file or record relating to a

1. driver’s license, identification card or title or registration of a vehicle.

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

1. governmental entity appears in person or by its representative, provides a

1. description of the information requested and its proposed use and signs an

1. affidavit to that effect, the director may release any personal information

1. from a file or record relating to a driver’s license, identification card or title

1. or registration of a vehicle for use:

1. (a) By any governmental entity, including, but not limited to, any court

1. or law enforcement agency, in carrying out its functions, or any person

1. acting on behalf of a federal, state or local governmental agency in carrying

1. out its functions. In addition, the director may, by regulation, establish a

1. procedure whereby a governmental entity may retrieve such information

1. electronically or by written request in lieu of appearing personally and

1. complying with the other requirements of this subsection.

1. (b) In connection with any civil, criminal, administrative or arbitration

1. proceeding before any federal or state court, regulatory body, board,

1. commission or agency, including, but not limited to, use for service of

1. process, investigation in anticipation of litigation and execution or

1. enforcement of judgments and orders, or pursuant to an order of a federal

1. or state court.

1. (c) In connection with matters relating to:

1. (1) The safety of drivers of motor vehicles;

1. (2) Safety and thefts of motor vehicles;

1. (3) Emissions from motor vehicles;

1. (4) Alterations of products related to motor vehicles;

1. (5) An advisory notice relating to a motor vehicle or the recall of a

1. motor vehicle;

1. (6) Monitoring the performance of motor vehicles;

1. (7) Parts or accessories of motor vehicles;

1. (8) Dealers of motor vehicles; or

1. (9) Removal of nonowner records from the original records of motor

1. vehicle manufacturers.

1. (d) By any insurer, self-insurer or organization that provides assistance

1. or support to an insurer or self-insurer or its agents, employees or

1. contractors, in connection with activities relating to the rating, underwriting

1. or investigation of claims or the prevention of fraud.

1. (e) In providing notice to the owners of vehicles that have been towed,

1. repossessed or impounded.
2. (f) By an employer or its agent or insurer to obtain or verify information

1. relating to a holder of a commercial driver’s license who is employed by or

1. has applied for employment with the employer.

1. (g) By a private investigator, private patrolman or security consultant

1. who is licensed pursuant to chapter 648 of NRS, for any use permitted

1. pursuant to this section.

1. (h) By a reporter or editorial employee who is employed by or affiliated

1. with any newspaper, press association or commercially operated federally

1. licensed radio or television station for a journalistic purpose. The

1. department may not make any inquiries regarding the use of or reason for

1. the information requested other than whether the information will be used

1. for a journalistic purpose.

1. (i) In connection with an investigation conducted pursuant to NRS

1. 253.0415, 253.044 or 253.220.

1. (j) In activities relating to research and the production of statistical

1. reports, if the personal information will not be published or otherwise

1. redisclosed, or used to contact any person.

1. (k) In the bulk distribution of surveys, marketing material or

1. solicitations, if the director has adopted policies and procedures to ensure

1. that:

1. (1) The information will be used or sold only for use in the bulk

1. distribution of surveys, marketing material or solicitations;

1. (2) Each person about whom the information is requested has clearly

1. been provided with an opportunity to prohibit such a use; and

1. (3) If the person about whom the information is requested prohibits in

1. a timely manner such a use, the bulk distribution will not be directed

1. toward that person.

1. 6. Except as otherwise provided in paragraph (j) of subsection 5, a

1. person who requests and receives personal information may sell or disclose

1. that information only for a use permitted pursuant to subsection 5. Such a

1. person shall keep and maintain for 5 years a record of:

1. (a) Each person to whom the information is provided; and

1. (b) The purpose for which that person will use the information.

1. The record must be made available for examination by the department at all

1. reasonable times upon request.

1. 7. Except as otherwise provided in subsection 2, the director may deny

1. any use of the files and records if he reasonably believes that the

1. information taken may be used for an unwarranted invasion of a particular

1. person’s privacy.

1. 8. Except as otherwise provided in NRS 485.316, the director shall not

1. allow any person to make use of information retrieved from the data base

1. created pursuant to NRS 485.313 for a private purpose and shall not in any

1. other way release any information retrieved from that data base.

1. 9. The director shall adopt such regulations as he deems necessary to

1. carry out the purposes of this section. In addition, the director shall, by

1. regulation, establish a procedure whereby a person who is requesting
2. personal information and has personally appeared before an employee of

1. the department at least once may establish an account with the department

1. to facilitate his ability to request information electronically or by written

1. request if he has submitted to the department proof of his employment or

1. licensure, as applicable, and a signed and notarized affidavit

1. acknowledging:

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

1. regulations regarding the manner in which information from the

1. department’s files and records may be obtained and the limited uses which

1. are permitted;

1. (b) That he understands that any sale or disclosure of information so

1. obtained must be in accordance with the provisions of this section;

1. (c) That he understands that a record will be maintained by the

1. department of any information he requests; and

1. (d) That he understands that a violation of the provisions of this section

1. is a criminal offense.

1. 10. It is unlawful for any person to:

1. (a) Make a false representation to obtain any information from the files

1. or records of the department.

1. (b) Knowingly obtain or disclose any information from the files or

1. records of the department for any use not permitted by the provisions of

1. this chapter.

1. 11. As used in this section, "personal information" means information

1. photograph, social security number, driver’s license number, identification

1. card number, name, address, telephone number or information regarding a

1. medical condition or disability. The term does not include the zip code of a

1. person when separate from his full address, information regarding vehicular

1. accidents or driving violations in which he has been involved or other

1. information otherwise affecting his status as a driver.

Sec. 2. Chapter 648 of NRS is hereby amended by adding thereto a

new section to read as follows:

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