2005 Nevada Revised Statutes - Chapter 239A — Disclosure of Financial Records to Governmental Agencies

CHAPTER 239A - DISCLOSURE OF FINANCIALRECORDS TO GOVERNMENTAL AGENCIES

NRS 239A.010 Definitions.

NRS 239A.020 Customerdefined.

NRS 239A.030 Financialinstitution defined.

NRS 239A.040 Financialrecords defined.

NRS 239A.050 Governmentalagency defined.

NRS 239A.070 Inapplicabilityof chapter; disclosures not prohibited by chapter.

NRS 239A.075 Disclosureof balance of account to public administrator upon presentation of proof ofdeath; financial institution authorized to charge reasonable fee to providestatement.

NRS 239A.080 Examinationand disclosure of financial records: Restrictions; exception.

NRS 239A.090 Customersauthorization of disclosure of financial records; notice of examination;invalidity of waiver of rights or procedures.

NRS 239A.100 Subpoenato obtain financial records: Service; notice to customer; priority of proceedingto quash subpoena.

NRS 239A.110 Searchwarrant affecting financial records: Withholding of notification to customer.

NRS 239A.120 Releaseof financial records by one agency to another.

NRS 239A.130 Determinationby financial institution of compliance with chapter; limitation on liability offinancial institution.

NRS 239A.140 Recordof examination or disclosure of financial records: Maintenance; availability tocustomer.

NRS 239A.150 Limiteddisclosure by banks under certification of district attorney, sheriff or policedepartment.

NRS 239A.160 Limitationof actions.

NRS 239A.170 Injunctiverelief; costs and attorneys fees.

NRS 239A.180 Inadmissibilityof evidence obtained in violation of chapter.

NRS 239A.190 Penalty.

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NRS 239A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the terms defined in NRS239A.020 to 239A.050, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1977, 986; A 1985, 513)

NRS 239A.020 Customerdefined. Customer means any person who hastransacted business with or has used the services of a financial institution orfor whom a financial institution has acted as a fiduciary.

(Added to NRS by 1977, 986)

NRS 239A.030 Financialinstitution defined. Financial institutionmeans any banking corporation or trust company, savings and loan association,thrift company or credit union subject to regulation under the laws of thisstate.

(Added to NRS by 1977, 986; A 1983, 122)

NRS 239A.040 Financialrecords defined. Financial records means:

1. Any original or any copy of any record or documentheld by a financial institution pertaining to a customer of the financialinstitution.

2. The information contained in such record ordocument.

(Added to NRS by 1977, 986)

NRS 239A.050 Governmentalagency defined. Governmental agency meansan officer, board, commission, department, division, bureau, district or anyother unit of government, including political subdivisions, of this state.

(Added to NRS by 1977, 986)

NRS 239A.070 Inapplicabilityof chapter; disclosures not prohibited by chapter. Thischapter does not apply to any subpoena issued pursuant to title 14 or chapters 616A to 617,inclusive, of NRS or prohibit:

1. Dissemination of any financial information which isnot identified with or identifiable as being derived from the financial recordsof a particular customer.

2. The Attorney General, district attorney, Departmentof Taxation, public administrator, sheriff or a police department fromrequesting of a financial institution, and the institution from responding tothe request, as to whether a person has an account or accounts with thatfinancial institution and, if so, any identifying numbers of the account oraccounts.

3. A financial institution, in its discretion, frominitiating contact with and thereafter communicating with and disclosing thefinancial records of a customer to appropriate governmental agencies concerninga suspected violation of any law.

4. Disclosure of the financial records of a customerincidental to a transaction in the normal course of business of the financialinstitution if the director, officer, employee or agent of the financialinstitution who makes or authorizes the disclosure has no reasonable cause tobelieve that such records will be used by a governmental agency in connectionwith an investigation of the customer.

5. A financial institution from notifying a customerof the receipt of a subpoena or a search warrant to obtain his financialrecords, except when ordered by a court to withhold such notification.

6. The examination by or disclosure to anygovernmental regulatory agency of financial records which relate solely to theexercise of its regulatory function if the agency is specifically authorized bylaw to examine, audit or require reports of financial records of financialinstitutions.

7. The disclosure to any governmental agency of anyfinancial information or records whose disclosure to that particular agency isrequired by the tax laws of this State.

8. The disclosure of any information pursuant to NRS 425.393, 425.400 or 425.460.

9. A governmental agency from obtaining a creditreport or consumer credit report from anyone other than a financialinstitution.

(Added to NRS by 1977, 988; A 1983, 1597; 1995, 171;1997, 2334; 1999, 231)

NRS 239A.075 Disclosureof balance of account to public administrator upon presentation of proof ofdeath; financial institution authorized to charge reasonable fee to providestatement. Upon presentation of a deathcertificate, affidavit of death or other proof of death, a financialinstitution shall provide a public administrator with a statement which setsforth the identifying number and account balance of any accounts on which onlythe name of the deceased person appears. A financial institution may charge areasonable fee, not to exceed $2, to provide a public administrator with astatement pursuant to the provisions of this section.

(Added to NRS by 1983, 1597; A 2005, 396)

NRS 239A.080 Examinationand disclosure of financial records: Restrictions; exception. Except as provided in subsection 3 and NRS 239A.070 and 239A.150:

1. An officer, employee or agent of a governmentalagency shall not request or receive the financial records of any customer froma financial institution unless:

(a) The request relates to a lawful investigation ofthe customer;

(b) The financial records are described in the requestwith particularity and are consistent with the scope and requirements of theinvestigation; and

(c) The officer, employee or agent furnishes thefinancial institution with a customer authorization, subpoena or search warrantauthorizing examination or disclosure of such records as provided in thischapter.

2. A director, officer, employee or agent of afinancial institution shall not provide or authorize another person to provideto an officer, employee or agent of a governmental agency any financial recordsof a customer if the director, officer, employee or agent of the financialinstitution knows or has reason to believe that the financial records are beingrequested in connection with an investigation of the customer, unless therequest is accompanied by a customer authorization, subpoena or search warrantauthorizing examination or disclosure of such records as provided in thischapter.

3. This section does not apply to any officer,employee or agent of the State Gaming Control Board who is acting with thewritten permission of the customer whose records are being requested.

(Added to NRS by 1977, 986)

NRS 239A.090 Customersauthorization of disclosure of financial records; notice of examination;invalidity of waiver of rights or procedures.

1. A customer may authorize disclosure of financialrecords pertaining to him by signing and dating a statement in which he:

(a) Authorizes the disclosure for a period specified inthe statement;

(b) Specifies the name of the governmental agency towhich disclosure is authorized and, if applicable, the statutory purpose forwhich the information is to be obtained;

(c) Identifies the financial records which areauthorized to be disclosed; and

(d) Indicates his understanding that he has the rightat any time to revoke the authorization.

2. No such authorization shall be required by afinancial institution as a condition of doing business with the financialinstitution.

3. A governmental agency authorized by a customer toexamine his financial records shall notify the customer in writing within 30days after the examination that the examination took place and that he has theright to request in writing the reasons for the examination. The notice shallalso specify the financial records which were examined. The agency shall givethe customer the reason for the examination in writing within 10 days after herequests it.

4. Except as provided in this section, a waiver by acustomer of any right or procedure under this chapter, whether oral or writtenor with or without consideration, is invalid.

(Added to NRS by 1977, 987)

NRS 239A.100 Subpoenato obtain financial records: Service; notice to customer; priority ofproceeding to quash subpoena.

1. Except as provided in subsection 2, a subpoenaauthorizing a governmental agency to obtain financial records may be servedupon a financial institution only if:

(a) A copy of the subpoena is served upon the customerin the manner provided by law for the service of subpoenas, except that thecopy may be served by an employee of the governmental agency;

(b) The subpoena includes the name of the agency inwhose name it is issued and the statutory purpose for which the information isto be obtained; and

(c) The customer has not moved to quash the subpoenawithin 10 days after service of the copy of the subpoena upon the customer.

2. A governmental agency issuing or seeking a subpoenato obtain financial records may petition a court of competent jurisdiction toorder that service upon the customer or the 10-day period provided insubsection 1 be waived or shortened. The court may issue the order upon ashowing that the agency can reasonably infer from facts relevant to itsinvestigation of the customer that a law subject to the agencys jurisdictionhas been or is about to be violated. In granting a petition to waive serviceupon the customer, the court shall also order the agency to notify the customerin writing within a period determined by the court, but not to exceed 60 days.The notice shall specify the name of the agency in whose name the subpoena wasissued, the financial records which were examined under the subpoena and thestatutory purpose for which the information was obtained. The time ofnotification may be extended for additional 30-day periods upon petition andgood cause shown.

3. A court may order a financial institution towithhold notification to a customer of the receipt of the subpoena when thecourt issues an order under subsection 2 and if it finds that the notificationwould impede the investigation.

4. If a customer files a motion to quash the subpoena,the proceedings on the motion shall be afforded priority on the court calendarand the matter shall be heard within 10 days after the filing of the motion.

(Added to NRS by 1977, 987)

NRS 239A.110 Searchwarrant affecting financial records: Withholding of notification to customer. When a search warrant affecting the financial records of acustomer is issued, the magistrate may order the financial institution towithhold notification to the customer of receipt of the warrant upon a findingthat the notification would impede the investigation.

(Added to NRS by 1977, 988)

NRS 239A.120 Releaseof financial records by one agency to another. Agovernmental agency shall not provide financial records obtained under thischapter to any other governmental agency unless that other agency hasindependently obtained authorization to receive such financial records inaccordance with the provisions of this chapter.

(Added to NRS by 1977, 988)

NRS 239A.130 Determinationby financial institution of compliance with chapter; limitation on liability offinancial institution.

1. A financial institution is not required to inquireor determine that a governmental agency seeking disclosure of financial recordshas complied with the requirements of this chapter if the customerauthorization, subpoena or search warrant served upon the financial institutionshows compliance on its face.

2. A financial institution which refuses to disclosethe financial records of a customer in reliance in good faith upon theprovisions of this chapter is not liable to its customer, to a governmentalagency or to any other person for any loss or damage caused by the refusal.

(Added to NRS by 1977, 988)

NRS 239A.140 Recordof examination or disclosure of financial records: Maintenance; availability tocustomer.

1. A financial institution shall maintain for a periodof 5 years a record of all examinations or disclosures of the financial recordsof a customer, including:

(a) The identity of the person examining the financialrecords;

(b) The name of the governmental agency he represented;and

(c) A copy of the customer authorization, subpoena orsearch warrant providing for the examination or disclosure or a copy of thecertification received pursuant to NRS239A.150.

2. Any record maintained under this section shall beavailable within 5 days after the request for examination or disclosure forreview by the customer during normal business hours at the office or branchwhere the customers account was located when examined or disclosed. A copy ofthe record shall be furnished to the customer upon request and payment of thereasonable cost of the copy.

(Added to NRS by 1977, 988)

NRS 239A.150 Limiteddisclosure by banks under certification of district attorney, sheriff or policedepartment. When a district attorney, sheriffor police department in this state certifies to a bank in writing that a crimereport has been filed which involves the alleged fraudulent use of drafts,checks or other orders drawn upon any bank in this state, the district attorney,sheriff or police department may request the bank to furnish and the bank shallsupply a statement setting forth the following information with respect to theaccount of a customer named in the certification and covering a period 30 daysprior to and up to 30 days following the date of occurrence of the allegedillegal act involving the account:

1. The number of items dishonored;

2. The number of items paid which created overdrafts;

3. The dollar volume of the dishonored items and itemspaid which created overdrafts and a statement explaining any credit arrangementbetween the bank and the customer to pay overdrafts;

4. The dates and amounts of deposits and debits andthe account balance on those dates;

5. A copy of the signature and any addresses appearingon the customers signature card; and

6. The date the account opened and, if applicable, thedate the account closed.

(Added to NRS by 1977, 989)

NRS 239A.160 Limitationof actions. An action based upon the violationof any of the provisions of this chapter shall not be commenced more than 3years after the date on which the violation occurred.

(Added to NRS by 1977, 990)

NRS 239A.170 Injunctiverelief; costs and attorneys fees.

1. In addition to any other remedy provided by law, acustomer aggrieved by a violation or threatened violation of the provisions ofthis chapter may seek injunctive relief as provided by law.

2. If a customer prevails in any proceeding to enforceany of the provisions of this chapter, he may recover costs and reasonableattorneys fees.

(Added to NRS by 1977, 989)

NRS 239A.180 Inadmissibilityof evidence obtained in violation of chapter. Evidenceobtained in violation of any of the provisions of this chapter is inadmissiblein any proceeding except a proceeding to enforce the provisions of thischapter.

(Added to NRS by 1977, 989)

NRS 239A.190 Penalty. Any person who knowingly participates in or knowinglyinduces or attempts to induce a violation of any prohibition in this chapter isguilty of a misdemeanor.

(Added to NRS by 1977, 990)

 

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