Nevada § 239B.030 - Recorded, filed or otherwise submitted documents

§ 239B.030. Recorded, filed or otherwise submitted documents

1. Except as otherwise provided in subsections 2, 3 and 8, a person shall not include

and a governmental agency shall not require a person to include any personal information

about a person on any document that is recorded, filed or otherwise submitted to the

governmental agency on or after January 1, 2007. 2. If personal information about a person is required to be included in a document

that is recorded, filed or otherwise submitted to a governmental agency on or after

January 1, 2007, pursuant to a specific state or federal law, for the administration

of a public program or for an application for a federal or state grant, a governmental

agency shall ensure that the personal information is maintained in a confidential

manner and may only disclose the personal information as required: (a) To carry out a specific state or federal law; or (b) For the administration of a public program or an application for a federal or

state grant. Any action taken by a governmental agency pursuant to this subsection must not be

construed as affecting the legality of the document. 3. If personal information about a person is required to be included in a document

that is recorded, filed or otherwise submitted to a governmental agency on or after

January 1, 2021, pursuant to a specific state or federal law, for the administration

of a public program or for an application for a federal or state grant, a governmental

agency may require a person to record, file or otherwise submit such a document by

electronic means. 4. A governmental agency may establish procedures by which a person may apply for

and receive a waiver from a requirement imposed pursuant to subsection 3. Such procedures must: (a) Authorize the governmental agency to waive a requirement imposed pursuant to subsection

3 for good cause shown; (b) Require such a waiver to be effective for not less than 24 months; and (c) Allow a person who has been granted a waiver to reapply for and obtain additional

waivers. 5. A governmental agency shall take necessary measures to ensure that notice of the

provisions of this section is provided to persons with whom it conducts business. Such notice may include, without limitation, posting notice in a conspicuous place

in each of its offices. 6. A governmental agency may require a person who records, files or otherwise submits

any document to the governmental agency to provide an affirmation that the document

does not contain personal information about any person or, if the document contains

any such personal information, identification of the specific law, public program

or grant that requires the inclusion of the personal information. A governmental agency may refuse to record, file or otherwise accept a document

which does not contain such an affirmation when required or any document which contains

personal information about a person that is not required to be included in the document

pursuant to a specific state or federal law, for the administration of a public program

or for an application for a federal or state grant. 7. Each governmental agency may ensure that any personal information contained in

a document that has been recorded, filed or otherwise submitted to the governmental

agency before January 1, 2007, which the governmental agency continues to hold is: (a) Maintained in a confidential manner if the personal information is required to

be included in the document pursuant to a specific state or federal law, for the administration

of a public program or for an application for a federal or state grant; or (b) Obliterated or otherwise removed from the document, by any method, including,

without limitation, through the use of computer software, if the personal information

is not required to be included in the document pursuant to a specific state or federal

law, for the administration of a public program or for an application for a federal

or state grant. Any action taken by a governmental agency pursuant to this subsection must not be

construed as affecting the legality of the document. 8. A person may request that a governmental agency obliterate or otherwise remove

from any document submitted by the person to the governmental agency before January

1, 2007, any personal information about the person contained in the document that

is not required to be included in the document pursuant to a specific state or federal

law, for the administration of a public program or for an application for a federal

or state grant or, if the personal information is so required to be included in the

document, the person may request that the governmental agency maintain the personal

information in a confidential manner. If any documents that have been recorded, filed or otherwise submitted to a governmental

agency: (a) Are maintained in an electronic format that allows the governmental agency to

retrieve components of personal information through the use of computer software,

a request pursuant to this subsection must identify the components of personal information

to be retrieved. The provisions of this paragraph do not require a governmental agency to purchase

computer software to perform the service requested pursuant to this subsection. (b) Are not maintained in an electronic format or not maintained in an electronic

format in the manner described in paragraph (a), a request pursuant to this subsection

must describe the document with sufficient specificity to enable the governmental

agency to identify the document. The governmental agency shall not charge any fee to perform the service requested

pursuant to this subsection. 9. As used in this section: (a) “ Governmental agency ” means an officer, board, commission, department, division, bureau, district or any

other unit of government of the State or a local government. (b) “Personal information” has the meaning ascribed to it in NRS 603A.040 .