S.B. 84 - *SB84* SENATE BILL NO. 84–SENATOR BUCK PREFILED JANUARY 26, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the confidentiality of the personal information of certain persons. (BDR 20-28) 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 teachers, instructors and professors and certain retired teachers, instructors and professors 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 a 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 or child 12 protective services, county managers and certain employees who perform tasks 13 related to code enforcement. Existing law also authorizes the spouse, domestic 14 partner or minor child of any such person and the surviving spouse, domestic 15 partner or minor child of any such person who was killed in the performance of his 16 or her duties to obtain such court orders. (NRS 247.540, 250.140, 293.908) 17 Sections 1-3 of this bill additionally authorize any teacher, instructor or professor 18 who teaches, or any retired teacher, instructor or professor who previously taught, 19 – 2 – - *SB84* in a program of general education, vocational education or rehabilitation for 20 offenders in an institution or facility of the Department of Corrections to obtain 21 such court orders. 22 Existing law authorizes certain persons to request that the Department of Motor 23 Vehicles display an alternate address on the person’s driver’s license, commercial 24 driver’s license or identification card. (NRS 481.091) Section 4 of this bill 25 additionally authorizes any teacher, instructor or professor who teaches, or any 26 retired teacher, instructor or professor who previously taught, in a program of 27 general education, vocational education or rehabilitation for offenders in an 28 institution or facility of the Department of Corrections to make such requests. 29 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 – 3 – - *SB84* (2) Performs tasks related to child welfare services or child 1 protective services or tasks that expose the person to comparable 2 dangers. 3 (j) Any county manager in this State. 4 (k) 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 possesses 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 (l) Any teacher, instructor or professor who teaches, or any 13 retired teacher, instructor or professor who previously taught, in a 14 program of general education, vocational education or 15 rehabilitation for offenders in an institution or facility of the 16 Department of Corrections. 17 (m) The spouse, domestic partner or minor child of a person 18 described in paragraphs (a) to [(k),] (l), inclusive. 19 [(m)] (n) The surviving spouse, domestic partner or minor child 20 of a person described in paragraphs (a) to [(k),] (l), inclusive, who 21 was killed in the performance of his or her duties. 22 [(n)] (o) Any person for whom a fictitious address has been 23 issued pursuant to NRS 217.462 to 217.471, inclusive. 24 2. Any nonprofit entity in this State that maintains a 25 confidential location for the purpose of providing shelter to victims 26 of domestic violence may request that the personal information 27 described in subsection 4 of NRS 247.520 that is contained in the 28 records of a county recorder be kept confidential. 29 3. As used in this section: 30 (a) “Child protective services” has the meaning ascribed to it in 31 NRS 432B.042. 32 (b) “Child welfare services” has the meaning ascribed to it in 33 NRS 432B.044. 34 (c) “Code enforcement” means the enforcement of laws, 35 ordinances or codes regulating public nuisances or the public health, 36 safety and welfare. 37 (d) “Facility” has the meaning ascribed to it in NRS 209.065. 38 (e) “Institution” has the meaning ascribed to it in 39 NRS 209.071. 40 (f) “Social worker” means any person licensed under chapter 41 641B of NRS. 42 – 4 – - *SB84* Sec. 2. NRS 250.140 is hereby amended to read as follows: 1 250.140 1. The following persons may request that personal 2 information described in subsection 1, 2 or 3 of NRS 250.120 that is 3 contained in the records of a county assessor be kept confidential: 4 (a) Any justice or judge in this State. 5 (b) Any senior justice or senior judge in this State. 6 (c) Any court-appointed master in this State. 7 (d) Any clerk of a court, court administrator or court executive 8 officer in this State. 9 (e) Any county or city clerk or registrar of voters charged with 10 the powers and duties relating to elections and any deputy appointed 11 by such county or city clerk or registrar of voters in the elections 12 division of the county or city. 13 (f) Any peace officer or retired peace officer. 14 (g) Any prosecutor. 15 (h) Any state or county public defender. 16 (i) Any person employed by the Office of the Attorney General 17 who prosecutes or defends actions on behalf of the State of Nevada 18 or any agency in the Executive Department of the State 19 Government. 20 (j) Any person, including without limitation, a social worker, 21 employed by this State or a political subdivision of this State who as 22 part of his or her normal job responsibilities interacts with the public 23 and performs tasks related to child welfare services or child 24 protective services or tasks that expose the person to comparable 25 dangers. 26 (k) Any county manager in this State. 27 (l) Any inspector, officer or investigator employed by this State 28 or a political subdivision of this State designated by his or her 29 employer who possesses specialized training in code enforcement, 30 interacts with the public and whose primary duties are the 31 performance of tasks related to code enforcement. 32 (m) Any teacher, instructor or professor who teaches, or any 33 retired teacher, instructor or professor who previously taught, in a 34 program of general education, vocational education or 35 rehabilitation for offenders in an institution or facility of the 36 Department of Corrections. 37 [(m)] (n) The spouse, domestic partner or minor child of a 38 person described in paragraphs (a) to [(l),] (m), inclusive. 39 [(n)] (o) The surviving spouse, domestic partner or minor child 40 of a person described in paragraphs (a) to [(l),] (m), inclusive, who 41 was killed in the performance of his or her duties. 42 [(o)] (p) Any person for whom a fictitious address has been 43 issued pursuant to NRS 217.462 to 217.471, inclusive. 44 – 5 – - *SB84* 2. Any nonprofit entity in this State that maintains a 1 confidential location for the purpose of providing shelter to victims 2 of domestic violence may request that the personal information 3 described in subsection 4 of NRS 250.120 that is contained in the 4 records of a county assessor be kept confidential. 5 3. As used in this section: 6 (a) “Child protective services” has the meaning ascribed to it in 7 NRS 432B.042. 8 (b) “Child welfare services” has the meaning ascribed to it in 9 NRS 432B.044. 10 (c) “Code enforcement” means the enforcement of laws, 11 ordinances or codes regulating public nuisances or the public health, 12 safety and welfare. 13 (d) “Facility” has the meaning ascribed to it in NRS 209.065. 14 (e) “Institution” has the meaning ascribed to it in 15 NRS 209.071. 16 (f) “Peace officer” means: 17 (1) Any person upon whom some or all of the powers of a 18 peace officer are conferred pursuant to NRS 289.150 to 289.360, 19 inclusive; and 20 (2) Any person: 21 (I) Who resides in this State; 22 (II) Whose primary duties are to enforce the law; and 23 (III) Who is employed by a law enforcement agency of 24 the Federal Government, including, without limitation, a ranger for 25 the National Park Service and an agent employed by the Federal 26 Bureau of Investigation, Secret Service, United States Department 27 of Homeland Security or United States Department of the Treasury. 28 [(e)] (g) “Prosecutor” has the meaning ascribed to it in 29 NRS 241A.030. 30 [(f)] (h) “Social worker” means any person licensed under 31 chapter 641B of NRS. 32 Sec. 3. NRS 293.908 is hereby amended to read as follows: 33 293.908 1. The following persons may request that personal 34 information contained in the records of the Secretary of State or a 35 county or city clerk be kept confidential: 36 (a) Any justice or judge in this State. 37 (b) Any senior justice or senior judge in this State. 38 (c) Any court-appointed master in this State. 39 (d) Any clerk of a court, court administrator or court executive 40 officer in this State. 41 (e) Any district attorney or attorney employed by the district 42 attorney who as part of his or her normal job responsibilities 43 prosecutes persons for: 44 (1) Crimes that are punishable as category A felonies; or 45 – 6 – - *SB84* (2) Domestic violence. 1 (f) Any state or county public defender who as part of his or her 2 normal job responsibilities defends persons for: 3 (1) Crimes that are punishable as category A felonies; or 4 (2) Domestic violence. 5 (g) Any person employed by the Office of the Attorney General 6 who prosecutes or defends actions on behalf of the State of Nevada 7 or any agency in the Executive Department of the State 8 Government. 9 (h) Any person, including without limitation, a social worker, 10 employed by this State or a political subdivision of this State who as 11 part of his or her normal job responsibilities: 12 (1) Interacts with the public; and 13 (2) Performs tasks related to child welfare services or child 14 protective services or tasks that expose the person to comparable 15 dangers. 16 (i) Any county manager in this State. 17 (j) Any inspector, officer or investigator employed by this State 18 or a political subdivision of this State designated by his or her 19 employer: 20 (1) Who possess specialized training in code enforcement; 21 (2) Who, as part of his or her normal job responsibilities, 22 interacts with the public; and 23 (3) Whose primary duties are the performance of tasks 24 related to code enforcement. 25 (k) Any county or city clerk or registrar of voters charged with 26 the powers and duties relating to elections and any deputy appointed 27 by the county or city clerk or registrar of voters in the elections 28 division of the county or city. 29 (l) Any teacher, instructor or professor who teaches, or any 30 retired teacher, instructor or professor who previously taught, in a 31 program of general education, vocational education or 32 rehabilitation for offenders in an institution or facility of the 33 Department of Corrections. 34 [(l)] (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 2. As used in this section: 40 (a) “Child protective services” has the meaning ascribed to it in 41 NRS 432B.042. 42 (b) “Child welfare services” has the meaning ascribed to it in 43 NRS 432B.044. 44 – 7 – - *SB84* (c) “Code enforcement” means the enforcement of laws, 1 ordinances or codes regulating public nuisances or the public health, 2 safety and welfare. 3 (d) “Facility” has the meaning ascribed to it in NRS 209.065. 4 (e) “Institution” has the meaning ascribed to it in 5 NRS 209.071. 6 (f) “Social worker” means any person licensed under chapter 7 641B of NRS. 8 Sec. 4. NRS 481.091 is hereby amended to read as follows: 9 481.091 1. The following persons may request that the 10 Department display an alternate address on the person’s driver’s 11 license, commercial driver’s license or identification card: 12 (a) Any justice or judge in this State. 13 (b) Any senior justice or senior judge in this State. 14 (c) Any court-appointed master in this State. 15 (d) Any clerk of the court, court administrator or court executive 16 officer in this State. 17 (e) Any prosecutor who as part of his or her normal job 18 responsibilities prosecutes persons for: 19 (1) Crimes that are punishable as category A felonies; or 20 (2) Domestic violence. 21 (f) Any state or county public defender who as part of his or her 22 normal job responsibilities defends persons for: 23 (1) Crimes that are punishable as category A felonies; or 24 (2) Domestic violence. 25 (g) Any person employed by the Office of the Attorney General 26 who prosecutes or defends actions on behalf of the State of Nevada 27 or any agency in the Executive Department of the State 28 Government. 29 (h) Any person, including, without limitation, a social worker, 30 employed by this State or a political subdivision of this State who as 31 part of his or her normal job responsibilities: 32 (1) Interacts with the public; and 33 (2) Performs tasks related to child welfare services or child 34 protective services or tasks that expose the person to comparable 35 dangers. 36 (i) Any county manager in this State. 37 (j) Any inspector, officer or investigator employed by this State 38 or a political subdivision of this State designated by his or her 39 employer: 40 (1) Who possesses specialized training in code enforcement; 41 (2) Who, as part of his or her normal job responsibilities, 42 interacts with the public; and 43 (3) Whose primary duties are the performance of tasks 44 related to code enforcement. 45 – 8 – - *SB84* (k) 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 the county or city clerk or registrar of voters in the elections 3 division of the county or city. 4 (l) Any teacher, instructor or professor who teaches, or any 5 retired teacher, instructor or professor who previously taught, in a 6 program of general education, vocational education or 7 rehabilitation for offenders in an institution or facility of the 8 Department of Corrections. 9 [(l)] (m) The spouse, domestic partner or minor child of a person 10 described in paragraphs (a) to [(k),] (l), inclusive. 11 [(m)] (n) The surviving spouse, domestic partner or minor child 12 of a person described in paragraphs (a) to [(k),] (l), inclusive, who 13 was killed in the performance of his or her duties. 14 [(n)] (o) Any person for whom a fictitious address has been 15 issued pursuant to NRS 217.462 to 217.471, inclusive. 16 2. A person who wishes to have an alternate address displayed 17 on his or her driver’s license, commercial driver’s license or 18 identification card pursuant to this section must submit to the 19 Department satisfactory proof: 20 (a) That he or she is a person described in subsection 1; and 21 (b) Of the person’s address of principal residence and mailing 22 address, if different from the address of principal residence. 23 3. A person who obtains a driver’s license, commercial driver’s 24 license or identification card that displays an alternate address 25 pursuant to this section may subsequently submit a request to the 26 Department to have his or her address of principal residence 27 displayed on his or her driver’s license, commercial driver’s license 28 or identification card instead of the alternate address. 29 4. The Department may adopt regulations to carry out the 30 provisions of this section. 31 5. As used in this section: 32 (a) “Child protective services” has the meaning ascribed to it in 33 NRS 432B.042. 34 (b) “Child welfare services” has the meaning ascribed to it in 35 NRS 432B.044. 36 (c) “Code enforcement” means the enforcement of laws, 37 ordinances or codes regulating public nuisances or the public health, 38 safety and welfare. 39 (d) “Facility” has the meaning ascribed to it in NRS 209.065. 40 (e) “Institution” has the meaning ascribed to it in 41 NRS 209.071. 42 (f) “Social worker” means any person licensed under chapter 43 641B of NRS. 44 – 9 – - *SB84* Sec. 5. This act becomes effective upon passage and approval. 1 H