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

1-17 officer, employee or agent of a law enforcement agency or an agency of a

2-1 local government which collects fines imposed for parking violations, who

2-2 is not conducting an investigation pursuant to NRS 253.0415, 253.044 or

2-3 253.220, or who is not authorized to transact insurance pursuant to chapter

2-4 680A of NRS:

2-5 (a) A list which includes license plate numbers combined with any other

2-6 information in the records or files of the department;

2-7 (b) The social security number of any person, if it is requested to

2-8 facilitate the solicitation of that person to purchase a product or service; or

2-9 (c) The name, address, telephone number or any other personally

2-10 identifiable information if the information is requested by the presentation

2-11 of a license plate number.

2-12 When such personally identifiable information is requested of a law

2-13 enforcement agency by the presentation of a license plate number, the law

2-14 enforcement agency shall conduct an investigation regarding the person

2-15 about whom information is being requested or, as soon as practicable,

2-16 provide the requester with the requested information if the requester

2-17 officially reports that the motor vehicle bearing that license plate was used

2-18 in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

2-19 4. Except as otherwise provided in subsections 2 and 5, the director

2-20 shall not release any personal information from a file or record relating to a

2-21 driver’s license, identification card or title or registration of a vehicle.

2-22 5. Except as otherwise provided in subsection 6, if a person or

2-23 governmental entity appears in person or by its representative, provides a

2-24 description of the information requested and its proposed use and signs an

2-25 affidavit to that effect, the director may release any personal information

2-26 from a file or record relating to a driver’s license, identification card or title

2-27 or registration of a vehicle for use:

2-28 (a) By any governmental entity, including, but not limited to, any court

2-29 or law enforcement agency, in carrying out its functions, or any person

2-30 acting on behalf of a federal, state or local governmental agency in carrying

2-31 out its functions. In addition, the director may, by regulation, establish a

2-32 procedure whereby a governmental entity may retrieve such information

2-33 electronically or by written request in lieu of appearing personally and

2-34 complying with the other requirements of this subsection.

2-35 (b) In connection with any civil, criminal, administrative or arbitration

2-36 proceeding before any federal or state court, regulatory body, board,

2-37 commission or agency, including, but not limited to, use for service of

2-38 process, investigation in anticipation of litigation and execution or

2-39 enforcement of judgments and orders, or pursuant to an order of a federal

2-40 or state court.

2-41 (c) In connection with matters relating to:

2-42 (1) The safety of drivers of motor vehicles;

2-43 (2) Safety and thefts of motor vehicles;

3-1 (3) Emissions from motor vehicles;

3-2 (4) Alterations of products related to motor vehicles;

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

3-4 motor vehicle;

3-5 (6) Monitoring the performance of motor vehicles;

3-6 (7) Parts or accessories of motor vehicles;

3-7 (8) Dealers of motor vehicles; or

3-8 (9) Removal of nonowner records from the original records of motor

3-9 vehicle manufacturers.

3-10 (d) By any insurer, self-insurer or organization that provides assistance

3-11 or support to an insurer or self-insurer or its agents, employees or

3-12 contractors, in connection with activities relating to the rating, underwriting

3-13 or investigation of claims or the prevention of fraud.

3-14 (e) In providing notice to the owners of vehicles that have been towed,

3-15 repossessed or impounded.

3-16 (f) By an employer or its agent or insurer to obtain or verify information

3-17 relating to a holder of a commercial driver’s license who is employed by or

3-18 has applied for employment with the employer.

3-19 (g) By a private investigator, private patrolman or security consultant

3-20 who is licensed pursuant to chapter 648 of NRS, for any use permitted

3-21 pursuant to this section.

3-22 (h) By a reporter or editorial employee who is employed by or affiliated

3-23 with any newspaper, press association or commercially operated federally

3-24 licensed radio or television station for a journalistic purpose. The

3-25 department may not make any inquiries regarding the use of or reason for

3-26 the information requested other than whether the information will be used

3-27 for a journalistic purpose.

3-28 (i) In connection with an investigation conducted pursuant to NRS

3-29 253.0415, 253.044 or 253.220.

3-30 (j) In activities relating to research and the production of statistical

3-31 reports, if the personal information will not be published or otherwise

3-32 redisclosed, or used to contact any person.

3-33 (k) In the bulk distribution of surveys, marketing material or

3-34 solicitations, if the director has adopted policies and procedures to ensure

3-35 that:

3-36 (1) The information will be used or sold only for use in the bulk

3-37 distribution of surveys, marketing material or solicitations;

3-38 (2) Each person about whom the information is requested has clearly

3-39 been provided with an opportunity to prohibit such a use; and

3-40 (3) If the person about whom the information is requested prohibits in

3-41 a timely manner such a use, the bulk distribution will not be directed

3-42 toward that person.

4-1 6. Except as otherwise provided in paragraph (j) of subsection 5, a

4-2 person who requests and receives personal information may sell or disclose

4-3 that information only for a use permitted pursuant to subsection 5. Such a

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

4-5 (a) Each person to whom the information is provided; and

4-6 (b) The purpose for which that person will use the information.

4-7 The record must be made available for examination by the department at all

4-8 reasonable times upon request.

4-9 7. Except as otherwise provided in subsection 2, the director may deny

4-10 any use of the files and records if he reasonably believes that the

4-11 information taken may be used for an unwarranted invasion of a particular

4-12 person’s privacy.

4-13 8. Except as otherwise provided in NRS 485.316, the director shall not

4-14 allow any person to make use of information retrieved from the data base

4-15 created pursuant to NRS 485.313 for a private purpose and shall not in any

4-16 other way release any information retrieved from that data base.

4-17 9. The director shall adopt such regulations as he deems necessary to

4-18 carry out the purposes of this section. In addition, the director shall, by

4-19 regulation, establish a procedure whereby a person who is requesting

4-20 personal information and has personally appeared before an employee of

4-21 the department at least once may establish an account with the department

4-22 to facilitate his ability to request information electronically or by written

4-23 request if he has submitted to the department proof of his employment or

4-24 licensure, as applicable, and a signed and notarized affidavit

4-25 acknowledging:

4-26 (a) That he has read and fully understands the current laws and

4-27 regulations regarding the manner in which information from the

4-28 department’s files and records may be obtained and the limited uses which

4-29 are permitted;

4-30 (b) That he understands that any sale or disclosure of information so

4-31 obtained must be in accordance with the provisions of this section;

4-32 (c) That he understands that a record will be maintained by the

4-33 department of any information he requests; and

4-34 (d) That he understands that a violation of the provisions of this section

4-35 is a criminal offense.

4-36 10. It is unlawful for any person to:

4-37 (a) Make a false representation to obtain any information from the files

4-38 or records of the department.

4-39 (b) Knowingly obtain or disclose any information from the files or

4-40 records of the department for any use not permitted by the provisions of

4-41 this chapter.

4-42 11. As used in this section, "personal information" means information

4-43 that reveals the identity of a person, including his photograph, social

5-1 security number, driver’s license number, identification card number, name,

5-2 address, telephone number or information regarding a medical condition or

5-3 disability. The term does not include the zip code of a person when

5-4 separate from his full address, information regarding vehicular accidents or

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

5-6 otherwise affecting his status as a driver.

5-7 Sec. 2. This act becomes effective upon passage and approval.