Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB21 58 Amendment No.
21–Committee58 onAssembly GovernmentAmendment Affairsto CHAPTER..........Assembly Bill No.
21 (BDR 20-304) Proposed by:
Assembly Committee on Government Affairs Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
No ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
NAS/HAC - Date:
4/5/2021 A.B.
No.
21—Revises provisions governing the confidentiality of personal information of certain persons.
(BDR 20-304) Page 1 of 9 *A_AB21_58* Assembly Amendment No.
58 to Assembly Bill No.
21 Page 3 ASSEMBLY B ILLNO.
21–COMMITTEE ON GOVERNMENT A FFAIRS (ON BEHALF OF THEDIVISION OC HILD AND FAMILY SERVICES OF THD EPARTMENT OF HEALTH AND H UMAN SERVICES) P REFILEDNOVEMBER 18,2020 _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the confidentiality of personal information of certain persons.
(BDR 20-304) 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.
(1) authorizes the Division of Child and Family Services of the Department of Health and Human Services to issue a fictitious address to a victim, or the parent or guardian of a victim, of domestic violence, human trafficking, sexual assault ornt or stalking who applies for the issuance of a fictitious address;
(NRS 217.462, 217.464) Sections 1-4 of this bill authorize a person for whom a fictitious address has been issued by the Division to request a county assessor or county recorder to maintainnmaintain the personal information of the person contained in their records in a confidential manner without having to obtain a court order.
ExistingAssembly law:Amendment No.
(1)58 authorizes a person for whom a fictitious address has been issued by the Division to registerAssembly toBill voteNo. and update his or her voter registration;
and21 (2)Page prohibits,4 withDivision limitedto exception,register theto countyvote clerkand fromupdate makinghis such a person’s name, confidential address or fictitiousher addressvoter availableregistration; for inspection or 293.5002) Section 5 of this bill:
and (2) prohibits, with limited exception, the county clerk from making such a person’s name, confidential address or fictitious address available for inspection or copying or inclusion in any list that is made available for public inspection.
(NRS 293.5002) Section 5 of this bill:
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 6 of this bill toauthorizes alsoany makeperson suchfor awhom request.om a or fictitious address has been issued by the Division -to 81stalso Sessionmake (2021)such –a 2request. – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(a) States that the affiant qualifies as a person listed in NRS qualifies247.540 asor anthat the entity listedon inbehalf NRSof 247.540;thewhom the person is signing (b)qualifies Setsas forthan sufficiententity justificationlisted forin theNRS request247.540; for confidentiality;
(b) Sets forth sufficient justification for the request for confidentiality;
A person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, may request the county recorder to maintain the personal information of the person in a confidential manner without obtaining a court order pursuant to subsection 1 by submitting to the county recorder:recorder [a] :
[(a)] (1) States that the affiant has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive;
and [(b)] (2) Sets forth the document numbers of all records of a county recorder that contain confidential information;information [.] ;
Upon request of the county recorder, the Division shall verify whether a person who has submitted a request pursuant to this 217.462subsection tohas 217.471,been inclusive.ictitiousissued a fictitious address pursuant to NRS -217.462 81st Session (2021) – 3 – subsection 1 or a request made pursuant to subsection217.471, 2,inclusive. a county recorder shall keep such information confidential and shall not:
3.
Upon receipt of [such] an order [,] obtained pursuant to subsection 1 or a request made pursuant to subsection 2, a county recorder shall keep such information confidential and shall not:
or (b)Assembly PostAmendment theNo. confidential information on the Internet or its successor, if any, or make the information available to others in any other way.
58 to Assembly Bill No.
21 Page 5 (b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.
officer(d) inAny thisclerk State.court,of a court, court administrator or court executive (e)officer Anyin districtthis attorneyState. or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:
(e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:
and (2) Performs tasks related to child welfare services or child dangers.veprotective services or tasks that expose the person to comparable (h)dangers. Any county manager in this State.
(h) Any county manager in this State.
and - 81st Session (2021) – 4 – (3) Whose primary duties are the performance of tasks related to code enforcement.
(k) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (i), inclusive, who was killed in the performance of his or her duties.
Sec.Assembly Amendment No.
58 to Assembly Bill No.
21 Page 6 Sec.
[Any] Except as otherwise provided in subsection 2, any person or entity listed in NRS 250.140 who wishes to have the personal information of the person or entity that is contained in the records of a county assessor be kept confidential must obtain an order of a court that requires the county assessor to maintain the personal information of the person or entity in a confidential manner.
A person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, may request a county assessor to maintain the personal information of the -person 81stin Sessiona (2021)confidential –manner 5without –obtaining a court order pursuant to subsection 1 by submitting to the county assessor:r[recorder (a)a] Aassessor: sworn affidavit which states that the affiant has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive;
(a) A sworn affidavit which states that the affiant has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive [.] ;
(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity;
(f) Any prosecutor.
-Assembly 81stAmendment SessionNo. (2021) – 6 – (j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who possesses specialized training in code enforcement, interacts with the public and whose primary duties are the per(k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (j), inclusive.
58 to Assembly Bill No.
21 Page 7 (j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who possesses specialized training in code enforcement, interacts with the public and whose primary duties are the performance of tasks related to code enforcement.
(k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (j), inclusive.
(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;
andareand conferred pursuant to NRS 289.150 to 289.360, (2) Any person:
-Sec. 81st Session (2021) – 7 – 293.5002 1.
5.
NRS 293.5002 is hereby amended to read as follows:
293.5002 1.
Upon receiving a completed form from a person for whom a fic(a) On the portion of the form that contains the fictitious address ofhas thebeen person,issued, indicate the countySecretary and precinct in which the person will vote and forward this portion of theState formshall: to the appropriate county clerk;
and(a) (b)On File the portion of the form that contains the confidentialfictitious address.address of the person, indicate the county and precinct in which the person will vote and forward this portion of the form to the appropriate county clerk;
and Assembly Amendment No.
58 to Assembly Bill No.
21 Page 8 (b) File the portion of the form that contains the confidential address.
(b) The Secretary of State or a county or city clerk shall not make the name, confidential address , [or] fictitious address , telephone number or electronic mail address of the person who has been issued a fictitious address available for:
-Sec. 81st Session (2021) – 8 – 481.091 1.
The6. following persons may request that thellows:
DepartmentNRS display481.091 anis alternatehereby addressamended onto theread person’sas driver’sfollows: license, commercial driver’s license or identification card:
481.091 1.
The following persons may request that the Department display an alternate address on the person’s driver’s license, commercial driver’s license or identification card:
(g) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:
described(j) in paragraphs (a) to (i), inclusive.hild of a person (k) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (i), inclusive,inclusive. who was killed in the performance of his or her duties.
(k) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (i), inclusive, who was killed in the performance of his or her duties.
2.Assembly Amendment No.
A58 person who wishes to haveAssembly anBill alternateNo. address displayed on his or her driver’s license, commercial driver’s license or - 81st Session (2021) – 9 – identification card pursuant to this section must submit to the Department satisfactory proof:
21 Page 9 2.
A person who wishes to have an alternate address displayed on his or her driver’s license, commercial driver’s license or identification card pursuant to this section must submit to the Department satisfactory proof:
and (b) Of the person’s address of principal residence and mailing add3.ss,Aaddress, personif whodifferent obtainsfrom a driver’s license, commercial driver’s license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residenceresidence. displayed on his or her driver’s license, commercial driver’s license or identification card instead of the alternate address.
3.
A person who obtains a driver’s license, commercial driver’s license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her driver’s license, commercial driver’s license or identification card instead of the alternate address.
~~~~~ 21 - 81st Session (2021)