Senate Bill No. 312–Senators Carlton, Neal, Titus, Care, Raggio, O’Connell, Townsend and Hardy (by request)

 

Joint Sponsors: Assemblymen Ohrenschall,
Giunchigliani, Chowning and McCleary

 

CHAPTER..........

 

AN ACT relating to governmental entities; authorizing state and local governmental entities to accept a consular identification card for the purpose of identifying a person under certain circumstances; clarifying that the presentation of such a consular identification card does not, by itself, convey an entitlement to any benefits; prohibiting the Department of Motor Vehicles from accepting a consular identification card as proof of the age or identity of an applicant for an instruction permit, driver’s license, identification card or motorcycle driver’s license; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 237 of NRS is hereby amended by adding

 thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, with respect

 to any activity or transaction in which a local government accepts

 an identification card issued by the Department of Motor Vehicles

 to identify a person, the local government may also accept a

 consular identification card to identify a person.

    2.  The provisions of subsection 1 apply only to the

 presentation of a consular identification card for purposes of

 identification and do not convey an independent right to receive

 benefits of any type.

    3.  As used in this section:

    (a) “Consular identification card” means an identification

 card issued by a consulate of a foreign government, which

 consulate is located within the State of Nevada.

    (b) “Identification card issued by the Department of Motor

 Vehicles” means an identification card of the type described in

 NRS 483.810 to 483.890, inclusive.

    (c) “Local government” has the meaning ascribed to it in

NRS 237.050.

    Sec. 2.  NRS 240.163 is hereby amended to read as follows:

    240.163  1.  In taking an acknowledgment, a notarial officer

 shall determine, from personal knowledge or from other

 satisfactory evidence, that the person making the acknowledgment

 is the person whose signature is on the instrument. The person who

 signed the

document shall present the document to the notarial officer in

person.

    2.  In taking a verification upon oath or affirmation, a notarial

 officer shall determine, from personal knowledge or from other

 satisfactory evidence, that the person making the verification is the

 person whose signature is on the verified statement.

    3.  In certifying or attesting a copy of a document or other item,

 a notarial officer shall determine that the proffered copy is a

 complete, accurate and authentic transcription or reproduction of

 that which was copied.

    4.  In making or noting a protest of a negotiable instrument, a

 notarial officer shall verify compliance with the provisions of

 subsection 2 of NRS 104.3505.

    5.  In executing a jurat, a notarial officer shall administer an

 oath or affirmation to the affiant and shall determine, from personal

 knowledge or other satisfactory evidence, that the affiant is the

 person named in the document. The affiant shall sign the document

 in the presence of the notarial officer. The notarial officer shall

 administer the oath or affirmation required pursuant to this

 subsection in substantially the following form:

    Do you (solemnly swear, or affirm) that the statements in

 this document are true, (so help you God)?

    6.  A notarial officer has satisfactory evidence that a person is

 the person whose signature is on a document if he:

    (a) Is personally known to the notarial officer;

    (b) Is identified upon the oath or affirmation of a credible

 witness personally known to the notarial officer;

    (c) Is identified on the basis of an identifying document which

 contains a signature and a photograph or physical description;

    (d) Is identified on the basis of a consular identification card;

    (e) Is identified upon an oath or affirmation of a subscribing

 witness who is personally known to the notarial officer; or

    [(e)] (f) In the case of a person who is 65 years of age or older

 and cannot satisfy the requirements of paragraphs (a) to [(d),] (e),

 inclusive, is identified upon the basis of an identification card

 issued by a governmental agency or a senior citizen center.

    7.  An oath or affirmation administered pursuant to subsection 6

 must be in substantially the following form:

    Do you (solemnly swear, or affirm) that you personally

 know ………(name of person who signed the

 document)………, (so help you God)?

    8.  As used in this section, unless the context otherwise

 requires, “consular identification card” means an identification

 card issued by a consulate of a foreign government, which

 consulate is located within the State of Nevada.

    Sec. 3.  Chapter 232 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2 and NRS

 483.290, 483.860 and 486.081, with respect to any activity or

 transaction in which a state agency accepts an identification card

 issued by the Department of Motor Vehicles to identify a person,

 the state agency may also accept a consular identification card to

 identify a person.

    2.  The provisions of subsection 1 apply only to the

 presentation of a consular identification card for purposes of

 identification and do not convey an independent right to receive

 benefits of any type.

    3.  As used in this section:

    (a) “Consular identification card” means an identification

 card issued by a consulate of a foreign government, which

 consulate is located within the State of Nevada.

    (b) “Identification card issued by the Department of Motor

 Vehicles” means an identification card of the type described in

 NRS 483.810 to 483.890, inclusive.

    (c) “State agency” means every public agency, bureau, board,

 commission, department or division of the Executive Department

 of State Government.

    Sec. 4.  NRS 483.290 is hereby amended to read as follows:

    483.290  1.  Every application for an instruction permit or for

 a driver’s license must:

    (a) Be made upon a form furnished by the Department.

    (b) Be verified by the applicant before a person authorized to

 administer oaths. Officers and employees of the Department may

 administer those oaths without charge.

    (c) Be accompanied by the required fee.

    (d) State the full name, date of birth, sex and residence address

 of the applicant and briefly describe the applicant.

    (e) State whether the applicant has theretofore been licensed as a

 driver, and, if so, when and by what state or country, and whether

 any such license has ever been suspended or revoked, or whether an

 application has ever been refused, and, if so, the date of and reason

 for the suspension, revocation or refusal.

    (f) Include such other information as the Department may

 require to determine the competency and eligibility of the applicant.

    2.  Every applicant must furnish proof of his age by displaying:

    (a) If the applicant was born in the United States, a birth

 certificate issued by a state or the District of Columbia or other

 proof of the date of birth of the applicant, including, but not limited

 to, a driver’s license issued by another state or the District of

 Columbia, or a baptismal certificate and other proof that is

 determined to be necessary and is acceptable to the Department; or

    (b) If the applicant was born outside the United States, a

Certificate of Citizenship, Certificate of Naturalization, Arrival

-Departure Record, Alien Registration Receipt Card, United States

 Citizen Identification Card or Letter of Authorization issued by the

 Immigration and Naturalization Service of the United States

 Department of Justice or a Report of Birth Abroad of a United

 States Citizen Child issued by the Department of State, a driver’s

 license issued by another state or the District of Columbia or other

 proof acceptable to the Department other than a passport issued by

 a foreign government.

    3.  At the time of applying for a driver’s license, an applicant

 may, if eligible, register to vote pursuant to NRS 293.524.

    4.  Every applicant who has been assigned a social security

 number must furnish proof of his social security number by

 displaying:

    (a) An original card issued to the applicant by the Social

 Security Administration bearing the social security number of the

 applicant; or

    (b) Other proof acceptable to the Department, including, but not

 limited to, records of employment or federal income tax returns.

    5.  Notwithstanding any other provision of this section, the

 Department shall not accept a consular identification card as

 proof of the age or identity of an applicant for an instruction

 permit or for a driver’s license. As used in this subsection,

 “consular identification card” has the meaning ascribed to it in

 section 3 of this act.

    Sec. 5.  NRS 483.860 is hereby amended to read as follows:

    483.860  1.  Every applicant for an identification card must

 furnish proof of his age by presenting a birth certificate issued by a

 state or the District of Columbia or other proof of the applicant’s

 date of birth, including, but not limited to, a driver’s license issued

 by another state or the District of Columbia, or a baptismal

 certificate and such other corroboration of the matters stated in his

 application as are required of applicants for a driver’s license.

    2.  Every applicant who has been assigned a social security

 number must furnish proof of his social security number by

 displaying:

    (a) An original card issued to the applicant by the Social

 Security Administration bearing the applicant’s social security

 number; or

    (b) Other proof acceptable to the Department, including, but not

 limited to, records of employment or federal income tax returns.

    3.  Notwithstanding any other provision of this section, the

 Department shall not accept a consular identification card as

 proof of the age or identity of an applicant for an identification

card. As used in this subsection, “consular identification card”

has the meaning ascribed to it in section 3 of this act.

    Sec. 6.  NRS 486.081 is hereby amended to read as follows:

    486.081  1.  Every application for a motorcycle driver’s

 license must be made upon a form furnished by the Department and

 must be verified by the applicant before a person authorized to

 administer oaths. Officers and employees of the Department may

 administer those oaths without charge.

    2.  Every application must:

    (a) State the full name, date of birth, sex and residence address

 of the applicant;

    (b) Briefly describe the applicant;

    (c) State whether the applicant has previously been licensed as a

 driver, and, if so, when and by what state or country;

    (d) State whether any such license has ever been suspended or

 revoked, or whether an application has ever been refused, and, if so,

 the date of and reason for such suspension, revocation or refusal;

 and

    (e) Give such other information as the Department requires to

 determine the competency and eligibility of the applicant.

    3.  Every applicant shall furnish proof of his age by displaying:

    (a) If he was born in the United States, a certified state-issued

 birth certificate, baptismal certificate, driver’s license issued by

 another state or the District of Columbia or other proof acceptable

 to the Department; or

    (b) If he was born outside the United States, a:

        (1) Certificate of Citizenship, Certificate of Naturalization,

 Arrival-Departure Record, Alien Registration Receipt Card, United

 States Citizen Identification Card or Letter of Authorization issued

 by the Immigration and Naturalization Service of the Department of

 Justice;

        (2) Report of Birth Abroad of a United States Citizen Child

 issued by the Department of State;

        (3) Driver’s license issued by another state or the District of

 Columbia; or

        (4) Passport issued by the United States Government.

    4.  Notwithstanding any other provision of this section, the

 Department shall not accept a consular identification card as

 proof of the age or identity of an applicant for a motorcycle

 driver’s license. As used in this subsection, “consular

 identification card” has the meaning ascribed to it in section 3 of

 this act.

    Sec. 7.  NRS 597.940 is hereby amended to read as follows:

    597.940  1.  Except as otherwise provided in this subsection, a

 business shall not, without the customer’s consent, record the

 account number of any of a customer’s credit cards on the

customer’s check or draft as a condition of accepting that check or

draft. This subsection does not prohibit:

    (a) The business from requiring the customer to produce

 reasonable forms of positive identification other than a credit card,

 [such as a] including, without limitation:

        (1) A driver’s license [or] ;

        (2) An identification card issued by the Department of

 Motor Vehicles; or

        (3) A consular identification card,

as a condition of accepting a check or draft.

    (b) The business from requesting the customer to display a

 credit card as an indicia of creditworthiness or financial

 responsibility, if the only information recorded by the business

 concerning the credit card is the type of credit card displayed, the

 issuer of the card and the date the card expires.

    (c) The business from requesting the customer to record the

 account number of his credit card on the check or draft with which

 payment on the credit card account is being made.

    (d) The business from requesting the production of or recording

 of the account number of a credit card as a condition of cashing a

 check or draft if:

        (1) The business has agreed with the issuer of the credit card

 to cash the checks or drafts as a service to the cardholders of the

 issuer;

        (2) The issuer has agreed to guarantee any such check or

 draft so cashed; and

        (3) The cardholder has given actual, apparent or implied

 authority for the use of his account number for this purpose.

    2.  Except as otherwise provided in this subsection, a business

 shall not, without the customer’s consent, record a customer’s

 telephone number on the credit card sales slip as a condition of

 accepting his credit card. This subsection does not:

    (a) Prohibit the recordation of personal identifying information

 required for a special purpose incidental to the use of the credit

 card, such as the delivery, shipping, servicing or installation of the

 purchased merchandise.

    (b) Apply to a transaction in which the customer receives a cash

 advance against his credit card or to a transaction involving the use

 of preprinted spaces for personal identifying information that the

 business accepting the credit card has a contractual obligation to

 record in order to complete the transaction.

    (c) Apply to a transaction in which the customer’s purchase is

 made by the use of a device that electronically authorizes the use of

 the credit card and processes information relating thereto.

    3.  As used in this section, unless the context otherwise requires

 [, “credit] :

    (a) “Consular identification card” means an identification

card issued by a consulate of a foreign government, which

 consulate is located within the State of Nevada.

    (b) “Credit card” has the meaning ascribed to it in

NRS 205.630.

    (c) “Identification card issued by the Department of Motor

 Vehicles” means an identification card of the type described in

 NRS 483.810 to 483.890, inclusive.

 

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