AB 362 — Revises provisions governing the confidentiality of the personal information of certain public employees. (BDR 20-763)

(ReprintedAssembly withBill amendmentsNo. adopted on April 22, 2019) FIRST REPRINT A.B.

362362–Assemblyman ASSEMBLYFumo BILLCHAPTER.......... N O.

362–A SSEMBLYMAN FUMO M ARCH 20, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the confidentiality of the personal information of certain public employees.

(BDR 20-763) 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.

Existing law authorizes certain persons to obtain a court order to require a county assessor, county recorder, the Secretary of State or a city or county clerk to maintain the personal information of the person contained in their records in aaerk to confidential manner.

The person seeking the order must submit to the court a sworn affidavit that, among other things, sets forth sufficient justification for the request for confidentiality.

(NRS 247.530, 250.130, 293.906) The persons authorized toeto request obtain such orders include justices, judges, certain court personnel, certain prosecutors and state or county public defenders.

Existing law also authorizes the spouse, domestic partner or minor child of any such person and the surviving spouse, domestic partner or minor child of any such person who was killed in the 293.908)performance Sections 1-3 of this bill further authorize such orders to be obtained by any county manager in this State and by any person, including a social worker, - *AB362_R1* – 2 – employed by this State or a political subdivision of this State who as part of his or her normalduties job responsibilities interacts with the public and performs tasks related to childobtain welfaresuch servicesorders. or child protective services or tasks that expose the person to comparable dangers.

(NRS 247.540, 250.140, 293.908) Sections 1-3 of this bill further authorize such orders to be obtained by any county manager in this State and by any person, including a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities interacts with the public and performs tasks related to comparable dangers.ces or child protective services or tasks that expose the person Existing law authorizes certain 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.

(NRS 481.091) Section 4 of this bill further authorizes any county manager in this State and any person, including a social worker, employed by this State or a political subdivision of this State who, as part of his or her normal job responsibilities, interacts with the public and performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers to make such requests.

THE- PEOPLE80th OFSession THE(2019) STATE– OF2 NEVADA,– REPRESENTEDEXPLANATION IN– SENATEMatter ANDin ASSEMBLY,bolded DOitalics ENACTis ASnew; FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

(f)normal Anyjob stateresponsibilities ordefends countypersons publicfor:s defender who as part of his or her normal(1) jobCrimes responsibilitiesthat defendsare personspunishable for:as category A felonies;

(1) Crimes that are punishable as category A felonies;

- *AB362_R1* – 3 – [(h)] (j) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(f),] (h), inclusive, who was killed in the performance of his or her duties.

Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 247.520 that is contained in the recordsrec3.ds ofAs aused countyin recorderthis besection:kept kept confidential.

3.- 80th Session (2019) – 3 – (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

As used in this section:

(a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is containedcon(a) inAny thejustice recordsor ofjudge ain countythis assessorState.sor be kept confidential:

(a) Any justice or judge in this State.

(d) Any clerk of a court, court administrator or court executive off(e) Any peace officer orin retiredthis peaceState. officer.

(e) Any peace officer or retired peace officer.

(g) Any state or county public defender.

[(i)] (k) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(g),] (i), inclusive, who waswas2.illAny killednonprofit entity in this State that maintains a confidential location for the performancepurpose of hisproviding orshelter herto duties.victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.

2.

Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.

- *AB362_R1* – 4 – (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

- 80th Session (2019) – 4 – (1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive;

and (III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

293.908 The following persons may request that personal information contained in the records of the Secretary of State or a cou1.ycounty oAny justice or judgecity inclerk thisbe State.kept confidential:

1.

Any justice or judge in this State.