S.B. 83 - *SB83* SENATE BILL NO. 83–SENATOR DALY PREFILED JANUARY 26, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the confidentiality of the personal information of certain civilian employees of law enforcement agencies. (BDR 20-666) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 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 confidential information; authorizing certain civilian employees that provide support services to a law enforcement agency to request that certain personal information be kept in a confidential manner; authorizing such persons to request that the Department of Motor Vehicles display an alternate address on the person’s driver’s license, commercial driver’s license or identification card; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes certain persons to obtain a court order to require a 1 county assessor, a county recorder, the Secretary of State or a city or county clerk 2 to maintain the personal information of the person contained in the records of the 3 county assessor, county recorder, Secretary of State or city or county clerk in a 4 confidential manner. The person seeking the court order is required to submit to the 5 court a sworn affidavit that, among other things, sets forth sufficient justification 6 for the request for confidentiality. (NRS 247.530, 250.130, 293.906) The persons 7 authorized to obtain such court orders include justices, judges, certain court 8 personnel, certain peace officers, certain clerks or registrars of voters who perform 9 tasks related to elections, certain district attorneys or attorneys employed by the 10 district attorney or the Office of the Attorney General, certain state or county public 11 defenders, certain employees who perform tasks related to child welfare services or 12 child protective services, county managers and certain employees who perform 13 tasks related to code enforcement. Existing law also authorizes the spouse, 14 domestic partner or minor child of any such person and the surviving spouse, 15 domestic partner or minor child of any such person who was killed in the 16 performance of his or her duties to obtain such court orders. (NRS 247.540, 17 – 2 – - *SB83* 250.140, 293.908) Sections 1-3 of this bill additionally authorize any civilian 18 employee who provides support services to a law enforcement agency to obtain 19 such court orders. 20 Existing law authorizes certain persons to request that the Department of Motor 21 Vehicles display an alternate address on the person’s driver’s license, commercial 22 driver’s license or identification card. (NRS 481.091) Section 4 of this bill 23 additionally authorizes any civilian employee who provides support services to a 24 law enforcement agency to make such requests. 25 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 247.540 is hereby amended to read as follows: 1 247.540 1. The following persons may request that the 2 personal information described in subsection 1, 2 or 3 of NRS 3 247.520 that is contained in the records of a county recorder be kept 4 confidential: 5 (a) Any justice or judge in this State. 6 (b) Any senior justice or senior judge in this State. 7 (c) Any court-appointed master in this State. 8 (d) Any clerk of a court, court administrator or court executive 9 officer in this State. 10 (e) Any county or city clerk or registrar of voters charged with 11 the powers and duties relating to elections and any deputy appointed 12 by such county or city clerk or registrar of voters in the elections 13 division of the county or city. 14 (f) Any district attorney or attorney employed by the district 15 attorney who as part of his or her normal job responsibilities 16 prosecutes persons for: 17 (1) Crimes that are punishable as category A felonies; or 18 (2) Domestic violence. 19 (g) Any state or county public defender who as part of his or her 20 normal job responsibilities defends persons for: 21 (1) Crimes that are punishable as category A felonies; or 22 (2) Domestic violence. 23 (h) Any person employed by the Office of the Attorney General 24 who prosecutes or defends actions on behalf of the State of Nevada 25 or any agency in the Executive Department of the State 26 Government. 27 (i) Any person, including without limitation, a social worker, 28 employed by this State or a political subdivision of this State who as 29 part of his or her normal job responsibilities: 30 (1) Interacts with the public; and 31 (2) Performs tasks related to child welfare services or child 32 protective services or tasks that expose the person to comparable 33 dangers. 34 – 3 – - *SB83* (j) Any county manager in this State. 1 (k) Any inspector, officer or investigator employed by this State 2 or a political subdivision of this State designated by his or her 3 employer: 4 (1) Who possesses specialized training in code enforcement; 5 (2) Who, as part of his or her normal job responsibilities, 6 interacts with the public; and 7 (3) Whose primary duties are the performance of tasks 8 related to code enforcement. 9 (l) Any civilian employee who provides support services to a 10 law enforcement agency. 11 (m) The spouse, domestic partner or minor child of a person 12 described in paragraphs (a) to [(k),] (l), inclusive. 13 [(m)] (n) The surviving spouse, domestic partner or minor child 14 of a person described in paragraphs (a) to [(k),] (l), inclusive, who 15 was killed in the performance of his or her duties. 16 [(n)] (o) Any person for whom a fictitious address has been 17 issued pursuant to NRS 217.462 to 217.471, inclusive. 18 2. Any nonprofit entity in this State that maintains a 19 confidential location for the purpose of providing shelter to victims 20 of domestic violence may request that the personal information 21 described in subsection 4 of NRS 247.520 that is contained in the 22 records of a county recorder be kept confidential. 23 3. As used in this section: 24 (a) “Child protective services” has the meaning ascribed to it in 25 NRS 432B.042. 26 (b) “Child welfare services” has the meaning ascribed to it in 27 NRS 432B.044. 28 (c) “Code enforcement” means the enforcement of laws, 29 ordinances or codes regulating public nuisances or the public health, 30 safety and welfare. 31 (d) “Law enforcement agency” has the meaning ascribed to it 32 in NRS 289.010. 33 (e) “Social worker” means any person licensed under chapter 34 641B of NRS. 35 Sec. 2. NRS 250.140 is hereby amended to read as follows: 36 250.140 1. The following persons may request that personal 37 information described in subsection 1, 2 or 3 of NRS 250.120 that is 38 contained in the records of a county assessor be kept confidential: 39 (a) Any justice or judge in this State. 40 (b) Any senior justice or senior judge in this State. 41 (c) Any court-appointed master in this State. 42 (d) Any clerk of a court, court administrator or court executive 43 officer in this State. 44 – 4 – - *SB83* (e) Any county or city clerk or registrar of voters charged with 1 the powers and duties relating to elections and any deputy appointed 2 by such county or city clerk or registrar of voters in the elections 3 division of the county or city. 4 (f) Any peace officer or retired peace officer. 5 (g) Any prosecutor. 6 (h) Any state or county public defender. 7 (i) Any person employed by the Office of the Attorney General 8 who prosecutes or defends actions on behalf of the State of Nevada 9 or any agency in the Executive Department of the State 10 Government. 11 (j) Any person, including without limitation, a social worker, 12 employed by this State or a political subdivision of this State who as 13 part of his or her normal job responsibilities interacts with the public 14 and performs tasks related to child welfare services or child 15 protective services or tasks that expose the person to comparable 16 dangers. 17 (k) Any county manager in this State. 18 (l) Any inspector, officer or investigator employed by this State 19 or a political subdivision of this State designated by his or her 20 employer who possesses specialized training in code enforcement, 21 interacts with the public and whose primary duties are the 22 performance of tasks related to code enforcement. 23 (m) Any civilian employee who provides support services to a 24 law enforcement agency. 25 (n) The spouse, domestic partner or minor child of a person 26 described in paragraphs (a) to [(l),] (m), inclusive. 27 [(n)] (o) The surviving spouse, domestic partner or minor child 28 of a person described in paragraphs (a) to [(l),] (m), inclusive, who 29 was killed in the performance of his or her duties. 30 [(o)] (p) Any person for whom a fictitious address has been 31 issued pursuant to NRS 217.462 to 217.471, inclusive. 32 2. Any nonprofit entity in this State that maintains a 33 confidential location for the purpose of providing shelter to victims 34 of domestic violence may request that the personal information 35 described in subsection 4 of NRS 250.120 that is contained in the 36 records of a county assessor be kept confidential. 37 3. As used in this section: 38 (a) “Child protective services” has the meaning ascribed to it in 39 NRS 432B.042. 40 (b) “Child welfare services” has the meaning ascribed to it in 41 NRS 432B.044. 42 (c) “Code enforcement” means the enforcement of laws, 43 ordinances or codes regulating public nuisances or the public health, 44 safety and welfare. 45 – 5 – - *SB83* (d) “Law enforcement agency” has the meaning ascribed to it 1 in NRS 289.010. 2 (e) “Peace officer” means: 3 (1) Any person upon whom some or all of the powers of a 4 peace officer are conferred pursuant to NRS 289.150 to 289.360, 5 inclusive; and 6 (2) Any person: 7 (I) Who resides in this State; 8 (II) Whose primary duties are to enforce the law; and 9 (III) Who is employed by a law enforcement agency of 10 the Federal Government, including, without limitation, a ranger for 11 the National Park Service and an agent employed by the Federal 12 Bureau of Investigation, Secret Service, United States Department 13 of Homeland Security or United States Department of the Treasury. 14 [(e)] (f) “Prosecutor” has the meaning ascribed to it in 15 NRS 241A.030. 16 [(f)] (g) “Social worker” means any person licensed under 17 chapter 641B of NRS. 18 Sec. 3. NRS 293.908 is hereby amended to read as follows: 19 293.908 1. The following persons may request that personal 20 information contained in the records of the Secretary of State or a 21 county or city clerk be kept confidential: 22 (a) Any justice or judge in this State. 23 (b) Any senior justice or senior judge in this State. 24 (c) Any court-appointed master in this State. 25 (d) Any clerk of a court, court administrator or court executive 26 officer in this State. 27 (e) Any district attorney or attorney employed by the district 28 attorney who as part of his or her normal job responsibilities 29 prosecutes persons for: 30 (1) Crimes that are punishable as category A felonies; or 31 (2) Domestic violence. 32 (f) Any state or county public defender who as part of his or her 33 normal job responsibilities defends persons for: 34 (1) Crimes that are punishable as category A felonies; or 35 (2) Domestic violence. 36 (g) Any person employed by the Office of the Attorney General 37 who prosecutes or defends actions on behalf of the State of Nevada 38 or any agency in the Executive Department of the State 39 Government. 40 (h) Any person, including without limitation, a social worker, 41 employed by this State or a political subdivision of this State who as 42 part of his or her normal job responsibilities: 43 (1) Interacts with the public; and 44 – 6 – - *SB83* (2) Performs tasks related to child welfare services or child 1 protective services or tasks that expose the person to comparable 2 dangers. 3 (i) Any county manager in this State. 4 (j) Any inspector, officer or investigator employed by this State 5 or a political subdivision of this State designated by his or her 6 employer: 7 (1) Who possess specialized training in code enforcement; 8 (2) Who, as part of his or her normal job responsibilities, 9 interacts with the public; and 10 (3) Whose primary duties are the performance of tasks 11 related to code enforcement. 12 (k) Any county or city clerk or registrar of voters charged with 13 the powers and duties relating to elections and any deputy appointed 14 by the county or city clerk or registrar of voters in the elections 15 division of the county or city. 16 (l) Any civilian employee who provides support services to a 17 law enforcement agency. 18 (m) The spouse, domestic partner or minor child of a person 19 described in paragraphs (a) to [(k),] (l), inclusive. 20 [(m)] (n) The surviving spouse, domestic partner or minor child 21 of a person described in paragraphs (a) to [(k),] (l), inclusive, who 22 was killed in the performance of his or her duties. 23 2. As used in this section: 24 (a) “Child protective services” has the meaning ascribed to it in 25 NRS 432B.042. 26 (b) “Child welfare services” has the meaning ascribed to it in 27 NRS 432B.044. 28 (c) “Code enforcement” means the enforcement of laws, 29 ordinances or codes regulating public nuisances or the public health, 30 safety and welfare. 31 (d) “Law enforcement agency” has the meaning ascribed to it 32 in NRS 289.010. 33 (e) “Social worker” means any person licensed under chapter 34 641B of NRS. 35 Sec. 4. NRS 481.091 is hereby amended to read as follows: 36 481.091 1. The following persons may request that the 37 Department display an alternate address on the person’s driver’s 38 license, commercial driver’s license or identification card: 39 (a) Any justice or judge in this State. 40 (b) Any senior justice or senior judge in this State. 41 (c) Any court-appointed master in this State. 42 (d) Any clerk of the court, court administrator or court executive 43 officer in this State. 44 – 7 – - *SB83* (e) Any prosecutor who as part of his or her normal job 1 responsibilities prosecutes persons for: 2 (1) Crimes that are punishable as category A felonies; or 3 (2) Domestic violence. 4 (f) Any state or county public defender who as part of his or her 5 normal job responsibilities defends persons for: 6 (1) Crimes that are punishable as category A felonies; or 7 (2) Domestic violence. 8 (g) Any person employed by the Office of the Attorney General 9 who prosecutes or defends actions on behalf of the State of Nevada 10 or any agency in the Executive Department of the State 11 Government. 12 (h) Any person, including, without limitation, a social worker, 13 employed by this State or a political subdivision of this State who as 14 part of his or her normal job responsibilities: 15 (1) Interacts with the public; and 16 (2) Performs tasks related to child welfare services or child 17 protective services or tasks that expose the person to comparable 18 dangers. 19 (i) Any county manager in this State. 20 (j) Any inspector, officer or investigator employed by this State 21 or a political subdivision of this State designated by his or her 22 employer: 23 (1) Who possesses specialized training in code enforcement; 24 (2) Who, as part of his or her normal job responsibilities, 25 interacts with the public; and 26 (3) Whose primary duties are the performance of tasks 27 related to code enforcement. 28 (k) Any county or city clerk or registrar of voters charged with 29 the powers and duties relating to elections and any deputy appointed 30 by the county or city clerk or registrar of voters in the elections 31 division of the county or city. 32 (l) Any civilian employee who provides support services to a 33 law enforcement agency. 34 (m) The spouse, domestic partner or minor child of a person 35 described in paragraphs (a) to [(k),] (l), inclusive. 36 [(m)] (n) The surviving spouse, domestic partner or minor child 37 of a person described in paragraphs (a) to [(k),] (l), inclusive, who 38 was killed in the performance of his or her duties. 39 [(n)] (o) Any person for whom a fictitious address has been 40 issued pursuant to NRS 217.462 to 217.471, inclusive. 41 2. A person who wishes to have an alternate address displayed 42 on his or her driver’s license, commercial driver’s license or 43 identification card pursuant to this section must submit to the 44 Department satisfactory proof: 45 – 8 – - *SB83* (a) That he or she is a person described in subsection 1; and 1 (b) Of the person’s address of principal residence and mailing 2 address, if different from the address of principal residence. 3 3. A person who obtains a driver’s license, commercial driver’s 4 license or identification card that displays an alternate address 5 pursuant to this section may subsequently submit a request to the 6 Department to have his or her address of principal residence 7 displayed on his or her driver’s license, commercial driver’s license 8 or identification card instead of the alternate address. 9 4. The Department may adopt regulations to carry out the 10 provisions of this section. 11 5. As used in this section: 12 (a) “Child protective services” has the meaning ascribed to it in 13 NRS 432B.042. 14 (b) “Child welfare services” has the meaning ascribed to it in 15 NRS 432B.044. 16 (c) “Code enforcement” means the enforcement of laws, 17 ordinances or codes regulating public nuisances or the public health, 18 safety and welfare. 19 (d) “Law enforcement agency” has the meaning ascribed to it 20 in NRS 289.010. 21 (e) “Social worker” means any person licensed under chapter 22 641B of NRS. 23 H