Nevada 2023 Regular Session

Nevada Senate Bill SB83 Latest Draft

Bill / Introduced Version

                              
  
  	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