EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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 fees for

1-13 form required by the director.

2-1 3. Except as otherwise provided in subsection 2, the director shall not

2-2 release to any person who is not a representative of the welfare division of

2-3 the department of human resources or an officer, employee or agent of a

2-4 law enforcement agency , an agent of the public defender’s office or an

2-5 agency of a local government which collects fines imposed for parking

2-6 violations, who is not conducting an investigation pursuant to NRS

2-7 253.0415, 253.044 or 253.220, [or] who is not authorized to transact

2-8 insurance pursuant to chapter 680A of NRS [:] or who is not licensed as a

2-9 private investigator pursuant to chapter 648 of NRS and conducting an

2-10 investigation of an insurance claim:

2-11 (a) A list which includes license plate numbers combined with any other

2-12 information in the records or files of the department;

2-13 (b) The social security number of any person, if it is requested to

2-14 facilitate the solicitation of that person to purchase a product or service; or

2-15 (c) The name, address, telephone number or any other personally

2-16 identifiable information if the information is requested by the presentation

2-17 of a license plate number.

2-18 When such personally identifiable information is requested of a law

2-19 enforcement agency by the presentation of a license plate number, the law

2-20 enforcement agency shall conduct an investigation regarding the person

2-21 about whom information is being requested or, as soon as practicable,

2-22 provide the requester with the requested information if the requester

2-23 officially reports that the motor vehicle bearing that license plate was used

2-24 in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

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

2-26 shall not release any personal information from a file or record relating to a

2-27 driver’s license, identification card or title or registration of a vehicle.

2-28 5. Except as otherwise provided in subsection 6, if a person or

2-29 governmental entity appears in person or by its representative, provides a

2-30 description of the information requested and its proposed use and signs an

2-31 affidavit to that effect, the director may release any personal information

2-32 from a file or record relating to a driver’s license, identification card or title

2-33 or registration of a vehicle for use:

2-34 (a) By any governmental entity, including, but not limited to, any court

2-35 or law enforcement agency, in carrying out its functions, or any person

2-36 acting on behalf of a federal, state or local governmental agency in carrying

2-37 out its functions. In addition, the director may, by regulation, establish a

2-38 procedure whereby a governmental entity may retrieve such information

2-39 electronically or by written request in lieu of appearing personally and

2-40 complying with the other requirements of this subsection.

2-41 (b) In connection with any civil, criminal, administrative or arbitration

2-42 proceeding before any federal or state court, regulatory body, board,

2-43 commission or agency, including, but not limited to, use for service of

3-1 process, investigation in anticipation of litigation and execution or

3-2 enforcement of judgments and orders, or pursuant to an order of a federal

3-3 or state court.

3-4 (c) In connection with matters relating to:

3-5 (1) The safety of drivers of motor vehicles;

3-6 (2) Safety and thefts of motor vehicles;

3-7 (3) Emissions from motor vehicles;

3-8 (4) Alterations of products related to motor vehicles;

3-9 (5) An advisory notice relating to a motor vehicle or the recall of a

3-10 motor vehicle;

3-11 (6) Monitoring the performance of motor vehicles;

3-12 (7) Parts or accessories of motor vehicles;

3-13 (8) Dealers of motor vehicles; or

3-14 (9) Removal of nonowner records from the original records of motor

3-15 vehicle manufacturers.

3-16 (d) By any insurer, self-insurer or organization that provides assistance

3-17 or support to an insurer or self-insurer or its agents, employees or

3-18 contractors, in connection with activities relating to the rating, underwriting

3-19 or investigation of claims or the prevention of fraud.

3-20 (e) In providing notice to the owners of vehicles that have been towed,

3-21 repossessed or impounded.

3-22 (f) By an employer or its agent or insurer to obtain or verify information

3-23 relating to a holder of a commercial driver’s license who is employed by or

3-24 has applied for employment with the employer.

3-25 (g) By a private investigator, private patrolman or security consultant

3-26 who is licensed pursuant to chapter 648 of NRS, for any use permitted

3-27 pursuant to this section.

3-28 (h) By a reporter or editorial employee who is employed by or affiliated

3-29 with any newspaper, press association or commercially operated federally

3-30 licensed radio or television station for a journalistic purpose. The

3-31 department may not make any inquiries regarding the use of or reason for

3-32 the information requested other than whether the information will be used

3-33 for a journalistic purpose.

3-34 (i) In connection with an investigation conducted pursuant to NRS

3-35 253.0415, 253.044 or 253.220.

3-36 (j) In activities relating to research and the production of statistical

3-37 reports, if the personal information will not be published or otherwise

3-38 redisclosed, or used to contact any person.

3-39 (k) In the bulk distribution of surveys, marketing material or

3-40 solicitations, if the director has adopted policies and procedures to ensure

3-41 that:

3-42 (1) The information will be used or sold only for use in the bulk

3-43 distribution of surveys, marketing material or solicitations;

4-1 (2) Each person about whom the information is requested has clearly

4-2 been provided with an opportunity to prohibit such a use; and

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

4-4 a timely manner such a use, the bulk distribution will not be directed

4-5 toward that person.

4-6 6. Except as otherwise provided in paragraph (j) of subsection 5, a

4-7 person who requests and receives personal information may sell or disclose

4-8 that information only for a use permitted pursuant to subsection 5. Such a

4-9 person shall keep and maintain for 5 years a record of:

4-10 (a) Each person to whom the information is provided; and

4-11 (b) The purpose for which that person will use the information.

4-12 The record must be made available for examination by the department at all

4-13 reasonable times upon request.

4-14 7. Except as otherwise provided in subsection 2, the director may deny

4-15 any use of the files and records if he reasonably believes that the

4-16 information taken may be used for an unwarranted invasion of a particular

4-17 person’s privacy.

4-18 8. Except as otherwise provided in NRS 485.316, the director shall not

4-19 allow any person to make use of information retrieved from the data base

4-20 created pursuant to NRS 485.313 for a private purpose and shall not in any

4-21 other way release any information retrieved from that data base.

4-22 9. The director shall adopt such regulations as he deems necessary to

4-23 carry out the purposes of this section. In addition, the director shall, by

4-24 regulation, establish a procedure whereby a person who is requesting

4-25 personal information and has personally appeared before an employee of

4-26 the department at least once may establish an account with the department

4-27 to facilitate his ability to request information electronically or by written

4-28 request if he has submitted to the department proof of his employment or

4-29 licensure, as applicable, and a signed and notarized affidavit

4-30 acknowledging:

4-31 (a) That he has read and fully understands the current laws and

4-32 regulations regarding the manner in which information from the

4-33 department’s files and records may be obtained and the limited uses which

4-34 are permitted;

4-35 (b) That he understands that any sale or disclosure of information so

4-36 obtained must be in accordance with the provisions of this section;

4-37 (c) That he understands that a record will be maintained by the

4-38 department of any information he requests; and

4-39 (d) That he understands that a violation of the provisions of this section

4-40 is a criminal offense.

4-41 10. It is unlawful for any person to:

4-42 (a) Make a false representation to obtain any information from the files

4-43 or records of the department.

5-1 (b) Knowingly obtain or disclose any information from the files or

5-2 records of the department for any use not permitted by the provisions of

5-3 this chapter.

5-4 11. As used in this section, "personal information" means information

5-5 that reveals the identity of a person, including , without limitation, his

5-6 photograph, social security number, driver’s license number, identification

5-7 card number, name, address, telephone number or information regarding a

5-8 medical condition or disability. The term does not include the zip code of a

5-9 person when separate from his full address, information regarding vehicular

5-10 accidents or driving violations in which he has been involved or other

5-11 information otherwise affecting his status as a driver.

5-12 Sec. 2. Chapter 648 of NRS is hereby amended by adding thereto a

5-13 new section to read as follows:

5-14 1. A private investigator licensed pursuant to this chapter shall not

5-15 obtain or seek access to information from the department of motor

5-16 vehicles and public safety pursuant to subsection 3 of NRS 481.063 for

5-17 any purpose other than a purpose that is directly related to his

5-18 investigation of an insurance claim.

5-19 2. If the board finds that a violation of this section has occurred, the

5-20 board shall, in addition to any other disciplinary action it deems

5-21 appropriate, suspend the license of the private investigator.