1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | A.B. 122 |
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4 | 4 | | |
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5 | 5 | | - *AB122* |
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6 | 6 | | |
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7 | 7 | | ASSEMBLY BILL NO. 122–ASSEMBLYMEMBER DICKMAN |
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8 | 8 | | |
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9 | 9 | | PREFILED JANUARY 27, 2025 |
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10 | 10 | | ____________ |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on Government Affairs |
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13 | 13 | | |
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14 | 14 | | SUMMARY—Makes various changes relating to the confidentiality |
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15 | 15 | | of certain information. (BDR 20-645) |
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16 | 16 | | |
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17 | 17 | | FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. |
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18 | 18 | | Effect on the State: Yes. |
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19 | 19 | | |
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20 | 20 | | ~ |
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21 | 21 | | |
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22 | 22 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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23 | 23 | | |
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24 | 24 | | |
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25 | 25 | | AN ACT relating to confidential information; authorizing certain |
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26 | 26 | | persons to request a court order to make certain personal |
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27 | 27 | | information in the possession of a county recorder, county |
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28 | 28 | | assessor or elections official be kept in a confidential |
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29 | 29 | | manner; and providing other matters properly relating |
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30 | 30 | | thereto. |
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31 | 31 | | Legislative Counsel’s Digest: |
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32 | 32 | | Existing law authorizes certain persons and the spouse, domestic partner or 1 |
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33 | 33 | | minor child thereof, to request a court order to require that a county recorder, 2 |
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34 | 34 | | county assessor, county clerk, city clerk or the Secretary of State maintain the 3 |
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35 | 35 | | personal information of the person contained in their records in a confidential 4 |
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36 | 36 | | manner. (NRS 247.530, 247.540, 250.140, 293.908) Sections 1-3 of this bill 5 |
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37 | 37 | | authorize such orders to be requested by any person employed by a law 6 |
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38 | 38 | | enforcement agency or by the office of a prosecutor who, as part of his or her 7 |
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39 | 39 | | normal job responsibilities: (1) interacts with the public; and (2) performs tasks 8 |
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40 | 40 | | related to the administration or support of the law enforcement agency or office of a 9 |
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41 | 41 | | prosecutor. 10 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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45 | 45 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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46 | 46 | | |
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47 | 47 | | Section 1. NRS 247.540 is hereby amended to read as follows: 1 |
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48 | 48 | | 247.540 1. The following persons may request that the 2 |
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49 | 49 | | personal information described in subsection 1, 2 or 3 of NRS 3 |
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50 | 50 | | 247.520 that is contained in the records of a county recorder be kept 4 |
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51 | 51 | | confidential: 5 |
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52 | 52 | | (a) Any justice or judge in this State. 6 |
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53 | 53 | | – 2 – |
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54 | 54 | | |
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55 | 55 | | |
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56 | 56 | | - *AB122* |
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57 | 57 | | (b) Any senior justice or senior judge in this State. 1 |
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58 | 58 | | (c) Any court-appointed master in this State. 2 |
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59 | 59 | | (d) Any clerk of a court, court administrator or court executive 3 |
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60 | 60 | | officer in this State. 4 |
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61 | 61 | | (e) Any county or city clerk or registrar of voters charged with 5 |
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62 | 62 | | the powers and duties relating to elections and any deputy appointed 6 |
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63 | 63 | | by such county or city clerk or registrar of voters in the elections 7 |
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64 | 64 | | division of the county or city. 8 |
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65 | 65 | | (f) Any peace officer or retired peace officer. 9 |
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66 | 66 | | (g) Any prosecutor. 10 |
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67 | 67 | | (h) Any person employed by a law enforcement agency, as 11 |
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68 | 68 | | defined in NRS 289.010, or by the office of a prosecutor within 12 |
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69 | 69 | | this State who, as part of his or her normal job responsibilities: 13 |
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70 | 70 | | (1) Interacts with the public; and 14 |
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71 | 71 | | (2) Performs tasks related to the administration or support 15 |
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72 | 72 | | of the law enforcement agency or office of a prosecutor, including, 16 |
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73 | 73 | | without limitation, emergency dispatch operations, collection or 17 |
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74 | 74 | | maintenance of records or evidence, investigative tasks, victim 18 |
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75 | 75 | | advocacy or general administrative duties. 19 |
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76 | 76 | | (i) Any state or county public defender. 20 |
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77 | 77 | | [(i)] (j) Any person employed by the Office of the Attorney 21 |
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78 | 78 | | General who prosecutes or defends actions on behalf of the State of 22 |
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79 | 79 | | Nevada or any agency in the Executive Department of the State 23 |
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80 | 80 | | Government. 24 |
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81 | 81 | | [(j)] (k) Any person, including without limitation, a social 25 |
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82 | 82 | | worker, employed by this State or a political subdivision of this 26 |
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83 | 83 | | State who as part of his or her normal job responsibilities: 27 |
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84 | 84 | | (1) Interacts with the public; and 28 |
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85 | 85 | | (2) Performs tasks related to child welfare services or child 29 |
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86 | 86 | | protective services or tasks that expose the person to comparable 30 |
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87 | 87 | | dangers. 31 |
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88 | 88 | | [(k)] (l) Any county manager in this State. 32 |
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89 | 89 | | [(l)] (m) Any inspector, officer or investigator employed by this 33 |
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90 | 90 | | State or a political subdivision of this State designated by his or her 34 |
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91 | 91 | | employer: 35 |
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92 | 92 | | (1) Who possesses specialized training in code enforcement; 36 |
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93 | 93 | | (2) Who, as part of his or her normal job responsibilities, 37 |
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94 | 94 | | interacts with the public; and 38 |
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95 | 95 | | (3) Whose primary duties are the performance of tasks 39 |
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96 | 96 | | related to code enforcement. 40 |
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97 | 97 | | [(m)] (n) The spouse, domestic partner or minor child of a 41 |
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98 | 98 | | person described in paragraphs (a) to [(l),] (m), inclusive. 42 |
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99 | 99 | | [(n)] (o) The surviving spouse, domestic partner or minor child 43 |
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100 | 100 | | of a person described in paragraphs (a) to [(l),] (m), inclusive, who 44 |
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101 | 101 | | was killed in the performance of his or her duties. 45 |
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102 | 102 | | – 3 – |
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103 | 103 | | |
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104 | 104 | | |
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105 | 105 | | - *AB122* |
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106 | 106 | | [(o)] (p) Any person for whom a fictitious address has been 1 |
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107 | 107 | | issued pursuant to NRS 217.462 to 217.471, inclusive. 2 |
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108 | 108 | | 2. Any nonprofit entity in this State that maintains a 3 |
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109 | 109 | | confidential location for the purpose of providing shelter to victims 4 |
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110 | 110 | | of domestic violence may request that the personal information 5 |
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111 | 111 | | described in subsection 4 of NRS 247.520 that is contained in the 6 |
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112 | 112 | | records of a county recorder be kept confidential. 7 |
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113 | 113 | | 3. As used in this section: 8 |
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114 | 114 | | (a) “Child protective services” has the meaning ascribed to it in 9 |
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115 | 115 | | NRS 432B.042. 10 |
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116 | 116 | | (b) “Child welfare services” has the meaning ascribed to it in 11 |
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117 | 117 | | NRS 432B.044. 12 |
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118 | 118 | | (c) “Code enforcement” means the enforcement of laws, 13 |
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119 | 119 | | ordinances or codes regulating public nuisances or the public health, 14 |
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120 | 120 | | safety and welfare. 15 |
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121 | 121 | | (d) “Peace officer” means: 16 |
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122 | 122 | | (1) Any person upon whom some or all of the powers of a 17 |
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123 | 123 | | peace officer are conferred pursuant to NRS 289.150 to 289.360, 18 |
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124 | 124 | | inclusive; and 19 |
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125 | 125 | | (2) Any person: 20 |
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126 | 126 | | (I) Who resides in this State; 21 |
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127 | 127 | | (II) Whose primary duties are to enforce the law; and 22 |
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128 | 128 | | (III) Who is employed by a law enforcement agency of 23 |
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129 | 129 | | the Federal Government, including, without limitation, a ranger for 24 |
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130 | 130 | | the National Park Service and an agent employed by the Federal 25 |
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131 | 131 | | Bureau of Investigation, Secret Service, United States Department 26 |
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132 | 132 | | of Homeland Security or United States Department of the Treasury. 27 |
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133 | 133 | | (e) “Prosecutor” has the meaning ascribed to it in 28 |
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134 | 134 | | NRS 241A.030. 29 |
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135 | 135 | | (f) “Social worker” means any person licensed under chapter 30 |
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136 | 136 | | 641B of NRS. 31 |
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137 | 137 | | Sec. 2. NRS 250.140 is hereby amended to read as follows: 32 |
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138 | 138 | | 250.140 1. The following persons may request that personal 33 |
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139 | 139 | | information described in subsection 1, 2 or 3 of NRS 250.120 that is 34 |
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140 | 140 | | contained in the records of a county assessor be kept confidential: 35 |
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141 | 141 | | (a) Any justice or judge in this State. 36 |
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142 | 142 | | (b) Any senior justice or senior judge in this State. 37 |
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143 | 143 | | (c) Any court-appointed master in this State. 38 |
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144 | 144 | | (d) Any clerk of a court, court administrator or court executive 39 |
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145 | 145 | | officer in this State. 40 |
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146 | 146 | | (e) Any county or city clerk or registrar of voters charged with 41 |
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147 | 147 | | the powers and duties relating to elections and any deputy appointed 42 |
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148 | 148 | | by such county or city clerk or registrar of voters in the elections 43 |
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149 | 149 | | division of the county or city. 44 |
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150 | 150 | | (f) Any peace officer or retired peace officer. 45 |
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151 | 151 | | – 4 – |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | - *AB122* |
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155 | 155 | | (g) Any prosecutor. 1 |
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156 | 156 | | (h) Any person employed by a law enforcement agency, as 2 |
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157 | 157 | | defined in NRS 289.010, or by the office of a prosecutor within 3 |
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158 | 158 | | this State who, as part of his or her normal job responsibilities: 4 |
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159 | 159 | | (1) Interacts with the public; and 5 |
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160 | 160 | | (2) Performs tasks related to the administration or support 6 |
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161 | 161 | | of the law enforcement agency or office of a prosecutor, including, 7 |
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162 | 162 | | without limitation, emergency dispatch operations, collection or 8 |
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163 | 163 | | maintenance of records or evidence, investigative tasks, victim 9 |
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164 | 164 | | advocacy or general administrative duties. 10 |
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165 | 165 | | (i) Any state or county public defender. 11 |
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166 | 166 | | [(i)] (j) Any person employed by the Office of the Attorney 12 |
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167 | 167 | | General who prosecutes or defends actions on behalf of the State of 13 |
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168 | 168 | | Nevada or any agency in the Executive Department of the State 14 |
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169 | 169 | | Government. 15 |
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170 | 170 | | [(j)] (k) Any person, including without limitation, a social 16 |
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171 | 171 | | worker, employed by this State or a political subdivision of this 17 |
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172 | 172 | | State who as part of his or her normal job responsibilities: 18 |
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173 | 173 | | (1) Interacts with the public; and 19 |
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174 | 174 | | (2) Performs tasks related to child welfare services or child 20 |
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175 | 175 | | protective services or tasks that expose the person to comparable 21 |
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176 | 176 | | dangers. 22 |
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177 | 177 | | [(k)] (l) Any county manager in this State. 23 |
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178 | 178 | | [(l)] (m) Any inspector, officer or investigator employed by this 24 |
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179 | 179 | | State or a political subdivision of this State designated by his or her 25 |
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180 | 180 | | employer: 26 |
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181 | 181 | | (1) Who possesses specialized training in code enforcement; 27 |
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182 | 182 | | (2) Who, as part of his or her normal job responsibilities, 28 |
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183 | 183 | | interacts with the public; and 29 |
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184 | 184 | | (3) Whose primary duties are the performance of tasks 30 |
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185 | 185 | | related to code enforcement. 31 |
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186 | 186 | | [(m)] (n) The spouse, domestic partner or minor child of a 32 |
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187 | 187 | | person described in paragraphs (a) to [(l),] (m), inclusive. 33 |
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188 | 188 | | [(n)] (o) The surviving spouse, domestic partner or minor child 34 |
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189 | 189 | | of a person described in paragraphs (a) to [(l),] (m), inclusive, who 35 |
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190 | 190 | | was killed in the performance of his or her duties. 36 |
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191 | 191 | | [(o)] (p) Any person for whom a fictitious address has been 37 |
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192 | 192 | | issued pursuant to NRS 217.462 to 217.471, inclusive. 38 |
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193 | 193 | | 2. Any nonprofit entity in this State that maintains a 39 |
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194 | 194 | | confidential location for the purpose of providing shelter to victims 40 |
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195 | 195 | | of domestic violence may request that the personal information 41 |
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196 | 196 | | described in subsection 4 of NRS 250.120 that is contained in the 42 |
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197 | 197 | | records of a county assessor be kept confidential. 43 |
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198 | 198 | | 3. As used in this section: 44 |
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199 | 199 | | – 5 – |
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200 | 200 | | |
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201 | 201 | | |
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202 | 202 | | - *AB122* |
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203 | 203 | | (a) “Child protective services” has the meaning ascribed to it in 1 |
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204 | 204 | | NRS 432B.042. 2 |
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205 | 205 | | (b) “Child welfare services” has the meaning ascribed to it in 3 |
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206 | 206 | | NRS 432B.044. 4 |
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207 | 207 | | (c) “Code enforcement” means the enforcement of laws, 5 |
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208 | 208 | | ordinances or codes regulating public nuisances or the public health, 6 |
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209 | 209 | | safety and welfare. 7 |
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210 | 210 | | (d) “Peace officer” means: 8 |
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211 | 211 | | (1) Any person upon whom some or all of the powers of a 9 |
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212 | 212 | | peace officer are conferred pursuant to NRS 289.150 to 289.360, 10 |
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213 | 213 | | inclusive; and 11 |
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214 | 214 | | (2) Any person: 12 |
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215 | 215 | | (I) Who resides in this State; 13 |
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216 | 216 | | (II) Whose primary duties are to enforce the law; and 14 |
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217 | 217 | | (III) Who is employed by a law enforcement agency of 15 |
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218 | 218 | | the Federal Government, including, without limitation, a ranger for 16 |
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219 | 219 | | the National Park Service and an agent employed by the Federal 17 |
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220 | 220 | | Bureau of Investigation, Secret Service, United States Department 18 |
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221 | 221 | | of Homeland Security or United States Department of the Treasury. 19 |
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222 | 222 | | (e) “Prosecutor” has the meaning ascribed to it in 20 |
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223 | 223 | | NRS 241A.030. 21 |
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224 | 224 | | (f) “Social worker” means any person licensed under chapter 22 |
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225 | 225 | | 641B of NRS. 23 |
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226 | 226 | | Sec. 3. NRS 293.908 is hereby amended to read as follows: 24 |
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227 | 227 | | 293.908 1. The following persons may request that personal 25 |
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228 | 228 | | information contained in the records of the Secretary of State or a 26 |
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229 | 229 | | county or city clerk be kept confidential: 27 |
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230 | 230 | | (a) Any justice or judge in this State. 28 |
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231 | 231 | | (b) Any senior justice or senior judge in this State. 29 |
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232 | 232 | | (c) Any court-appointed master in this State. 30 |
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233 | 233 | | (d) Any clerk of a court, court administrator or court executive 31 |
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234 | 234 | | officer in this State. 32 |
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235 | 235 | | (e) Any county or city clerk or registrar of voters charged with 33 |
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236 | 236 | | the powers and duties relating to elections and any deputy appointed 34 |
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237 | 237 | | by such county or city clerk or registrar of voters in the elections 35 |
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238 | 238 | | division of the county or city. 36 |
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239 | 239 | | (f) Any peace officer or retired peace officer. 37 |
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240 | 240 | | (g) Any prosecutor. 38 |
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241 | 241 | | (h) Any person employed by a law enforcement agency, as 39 |
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242 | 242 | | defined in NRS 289.010, or by the office of a prosecutor within 40 |
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243 | 243 | | this State who, as part of his or her normal job responsibilities: 41 |
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244 | 244 | | (1) Interacts with the public; and 42 |
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245 | 245 | | (2) Performs tasks related to the administration or support 43 |
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246 | 246 | | of the law enforcement agency or office of a prosecutor, including, 44 |
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247 | 247 | | without limitation, emergency dispatch operations, collection or 45 |
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248 | 248 | | – 6 – |
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249 | 249 | | |
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250 | 250 | | |
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251 | 251 | | - *AB122* |
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252 | 252 | | maintenance of records or evidence, investigative tasks, victim 1 |
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253 | 253 | | advocacy or general administrative duties. 2 |
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254 | 254 | | (i) Any state or county public defender. 3 |
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255 | 255 | | [(i)] (j) Any person employed by the Office of the Attorney 4 |
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256 | 256 | | General who prosecutes or defends actions on behalf of the State of 5 |
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257 | 257 | | Nevada or any agency in the Executive Department of the State 6 |
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258 | 258 | | Government. 7 |
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259 | 259 | | [(j)] (k) Any person, including without limitation, a social 8 |
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260 | 260 | | worker, employed by this State or a political subdivision of this 9 |
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261 | 261 | | State who as part of his or her normal job responsibilities: 10 |
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262 | 262 | | (1) Interacts with the public; and 11 |
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263 | 263 | | (2) Performs tasks related to child welfare services or child 12 |
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264 | 264 | | protective services or tasks that expose the person to comparable 13 |
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265 | 265 | | dangers. 14 |
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266 | 266 | | [(k)] (l) Any county manager in this State. 15 |
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267 | 267 | | [(l)] (m) Any inspector, officer or investigator employed by this 16 |
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268 | 268 | | State or a political subdivision of this State designated by his or her 17 |
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269 | 269 | | employer: 18 |
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270 | 270 | | (1) Who possess specialized training in code enforcement; 19 |
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271 | 271 | | (2) Who, as part of his or her normal job responsibilities, 20 |
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272 | 272 | | interacts with the public; and 21 |
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273 | 273 | | (3) Whose primary duties are the performance of tasks 22 |
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274 | 274 | | related to code enforcement. 23 |
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275 | 275 | | [(m)] (n) The spouse, domestic partner or minor child of a 24 |
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276 | 276 | | person described in paragraphs (a) to [(l),] (m), inclusive. 25 |
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277 | 277 | | [(n)] (o) The surviving spouse, domestic partner or minor child 26 |
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278 | 278 | | of a person described in paragraphs (a) to [(l),] (m), inclusive, who 27 |
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279 | 279 | | was killed in the performance of his or her duties. 28 |
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280 | 280 | | 2. As used in this section: 29 |
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281 | 281 | | (a) “Child protective services” has the meaning ascribed to it in 30 |
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282 | 282 | | NRS 432B.042. 31 |
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283 | 283 | | (b) “Child welfare services” has the meaning ascribed to it in 32 |
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284 | 284 | | NRS 432B.044. 33 |
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285 | 285 | | (c) “Code enforcement” means the enforcement of laws, 34 |
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286 | 286 | | ordinances or codes regulating public nuisances or the public health, 35 |
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287 | 287 | | safety and welfare. 36 |
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288 | 288 | | (d) “Peace officer” means: 37 |
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289 | 289 | | (1) Any person upon whom some or all of the powers of a 38 |
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290 | 290 | | peace officer are conferred pursuant to NRS 289.150 to 289.360, 39 |
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291 | 291 | | inclusive; and 40 |
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292 | 292 | | (2) Any person: 41 |
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293 | 293 | | (I) Who resides in this State; 42 |
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294 | 294 | | (II) Whose primary duties are to enforce the law; and 43 |
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295 | 295 | | (III) Who is employed by a law enforcement agency of 44 |
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296 | 296 | | the Federal Government, including, without limitation, a ranger for 45 |
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297 | 297 | | – 7 – |
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298 | 298 | | |
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299 | 299 | | |
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300 | 300 | | - *AB122* |
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301 | 301 | | the National Park Service and an agent employed by the Federal 1 |
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302 | 302 | | Bureau of Investigation, Secret Service, United States Department 2 |
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303 | 303 | | of Homeland Security or United States Department of the Treasury. 3 |
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304 | 304 | | (e) “Prosecutor” has the meaning ascribed to it in 4 |
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305 | 305 | | NRS 241A.030. 5 |
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306 | 306 | | (f) “Social worker” means any person licensed under chapter 6 |
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307 | 307 | | 641B of NRS. 7 |
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308 | 308 | | Sec. 4. This act becomes effective upon passage and approval. 8 |
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309 | 309 | | |
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310 | 310 | | H |
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313 | 313 | | |
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