NRS647.0945. Electronic reporting systems: Authority of local law enforcement agencies; reporting requirements; definition.

      1.  A local law enforcement agency may establish an electronic reporting system or utilize an existing electronic reporting system to receive information relating to the purchase of scrap metal by a scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency. An electronic reporting system established or utilized pursuant to this subsection must:

      (a) Be electronically secure and accessible only to:

             (1) A scrap metal processor for the purpose of submitting the information required by subsection 2;

             (2) An officer of the local law enforcement agency; and

             (3) If applicable, an authorized employee of any designated third party.

      (b) Provide for the electronic submission of information by a scrap metal processor.

      2.  If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system pursuant to subsection 1, each scrap metal processor that transacts business within the jurisdiction of the local law enforcement agency shall, before 12 p.m. of each business day, submit electronically to the local law enforcement agency or, if applicable, a designated third party the following information regarding each purchase of scrap metal conducted on the preceding day from a person who sold the scrap metal in his or her individual capacity:

      (a) The name of the seller;

      (b) The date of the purchase;

      (c) The name of the person or employee who conducted the transaction on behalf of the scrap metal processor;

      (d) The name, street, house number and date of birth listed on the identification provided pursuant to paragraph (c) of subsection 1 of NRS 647.094 and a physical description of the seller, including the seller’s gender, height, eye color and hair color;

      (e) The license number and general description of any vehicle that delivered the scrap metal;

      (f) The description of the scrap metal recorded pursuant to paragraph (h) of subsection 1 of NRS 647.094; and

      (g) The amount, in weight, of scrap metal purchased.

      3.  If a scrap metal processor is required to submit information to a local law enforcement agency or, if applicable, a designated third party pursuant to subsection 2, the scrap metal processor shall display prominently at the point of purchase a public notice, in a form approved by the local law enforcement agency, describing the information that the scrap metal processor is required to submit electronically to the local law enforcement agency or, if applicable, the designated third party.

      4.  Nothing in this section shall be deemed to limit or otherwise abrogate any duty of a scrap metal processor to maintain a book or other permanent record of information pursuant to NRS 647.094.

      5.  If a local law enforcement agency establishes an electronic reporting system or utilizes an existing electronic reporting system to receive information pursuant to this section, the local law enforcement agency shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding the effect of the electronic reporting system on the incidence of crime which relates to the sale or purchase of scrap metal within the jurisdiction of the law enforcement agency.

      6.  The provisions of this section do not apply to the purchase of scrap metal from a business entity.

      7.  The Division of Industrial Relations of the Department of Business and Industry shall, in consultation with representatives from local law enforcement agencies in this state and representatives from the scrap metal industry, adopt regulations to ensure the confidentiality of information which is reported and maintained pursuant to this section, including, without limitation, regulations providing for:

      (a) The confidentiality of consumer information;

      (b) The confidentiality of proprietary information;

      (c) Equity of input into contractual terms;

      (d) Contractual terms relating to disclaimers, indemnification and the ownership of data by a designated third party;

      (e) Oversight of a designated third party that handles, maintains or has access to such information, including, without limitation, the qualifications, equipment, procedures and background checks required of a designated third party;

      (f) The manner in which reported information may be used, shared or disseminated; and

      (g) The maintenance of reported information in relationship to other data maintained by a law enforcement agency.

      8.  As used in this section, “designated third party” means any person with whom a local law enforcement agency has entered into a contract for the purpose of receiving and storing any information required to be submitted electronically by a scrap metal processor pursuant to subsection 2.

      (Added to NRS by 2013, 1537)