AB 407 — Revises provisions governing the release of personal information by the Director of the Department of Motor Vehicles. (BDR 43-751)

(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2023) FIRST REPRINT A.B.

407407–Assemblyman ACarter SSEMBLYCHAPTER.......... B ILLN O.

407–A SSEMBLYMAN C ARTER M ARCH 27, 2023 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions governing the release of personal information by the Director of the Department of Motor Vehicles.

(BDR 43-751) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law prohibits the Director of the Department of Motor Vehicles from releasing any information relating to legal presence or any other information record relating to ora describingrequest immigrationfor status, nationality or citizenshipthe fromissuance of a filelicense, oridentification card oror title or registration of a vehicle for any purpose relating to the enforcement ofdof or immigration laws.

(1) the requester submits a writtenDirector releasereleases from the personpersonal aboutinformation whompursuant to an order, subpoena or(2) the informationwarrant isissued requested;by a court of competent jurisdiction.

or (2) the warrant issued by a court of competent jurisdiction.

-EXPLANATION *AB407_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

3.- 82nd Session (2023) – 2 – Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or to service;

or (c) The name, address, telephone number or any other personallythe identifiablepresentation informationof ifa thelicense plate number.information is requested by  When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number.number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

4. When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

- *AB407_R1* – 3 – 4.

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

6.- 82nd Session (2023) – 3 – [subsection] subsections 8 [,] and 11, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

Except as otherwise provided in paragraph (a) and [subsection] subsections 8 [,] and 11, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuantpursuantgation, to an order of a federal or state court.

- *AB407_R1* – 4 – (8) Dealers of motor vehicles;

(d) Except as otherwise provided in subsection 6 of NRS 482.2175, by any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents,agents,es employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who- is82nd employedSession (2023) – 4 – employer.ployed by or has applied for employment with the employer.(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the driver’s license of the person or the title or registration of the person’s vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.

and - *AB407_R1* – 5 – (b) The purpose for which that person will use the information.

 The record must be made available for examination by the Department at all reasonable times upon request.request.ion by the 9.

9.

Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose- and82nd shallSession not(2023) in– any5 – retrieved from that system.y other way release any information retrieved11. from that system.

11.

12.deems necessary to carry out the purposes of this section.

TheIntor addition, the Director shallshall, adoptby suchregulation, regulationsestablish asa procedure whereby a person who is requesting personal information may establish an account with the DirectorDepartment deemsto necessaryfacilitate the person’s ability to carryrequest outinformation electronically or by written request if the purposesperson has submitted to the Department proof of thisemployment section.or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the person’s ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(c) Understands that a record will be maintained by the DepartmentDep(d) Understands that a violation of anythe informationprovisions heof orthis shesection requests;is a criminal offense.