Amendment No. 91

Assembly Amendment to Assembly Bill No. 71 (BDR 15-146)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 2, line 26, by deleting "A" and inserting:

"Except as otherwise provided in subsection 2, a".

Amend sec. 2, page 2, line 37, after "2." by inserting:

"A person who knowingly:

(a) Obtains any personal identifying information of another person; and

(b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act,

is guilty of a category E felony and shall be punished as provided in NRS 193.130.

3.".

Amend sec. 2, page 3, line 4, by deleting "3." and inserting "4.".

Amend the bill as a whole by renumbering sec. 6 as sec. 9 and adding new sections designated sections 6 through 8, following sec. 5, to read as follows:

"Sec. 6. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A person who has suffered injury as the proximate result of a violation of the provisions of section 2 of this act may commence an action for the recovery of his actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.

2. An action described in subsection 1 must be commenced not later than 2 years after the person who suffered the injury discovers the facts constituting the violation of the provisions of section 2 of this act.

Sec. 7. Chapter 598B of NRS is hereby amended by adding thereto a new section to read as follows:

If a creditor mails a solicitation for the extension of credit to a person and the person applies for such credit, the creditor shall mail the extension of credit to the person to the same address as the solicitation, unless the creditor verifies any change of address of the person using a reliable method.

Sec. 8. Chapter 598C of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a consumer files a report with a law enforcement agency alleging that a person has unlawfully obtained and used the personal identifying information of the consumer in violation of section 2 of this act, the consumer may request a reporting agency to close all access to its files concerning him. To make such a request, the consumer shall submit to the reporting agency:

(a) Sufficient information to confirm his own identity;

(b) A copy of the report that the consumer filed with the law enforcement agency; and

(c) A written request for the reporting agency to close access to its files concerning the consumer unless the reporting agency obtains his prior written authorization.

2. Not later than 15 days after receiving the information set forth in subsection 1, the reporting agency shall provide the consumer with a written acknowledgment to be signed, notarized and returned by the consumer to the reporting agency which indicates that the consumer acknowledges that:

(a) The reporting agency will provide access to its files concerning the consumer only in the manner set forth in subsection 4; and

(b) The ability of the consumer to obtain a checking account, credit, employment, insurance, housing or a license required by a governmental agency may be restricted if access to his files remains closed.

3. Except as otherwise provided in subsection 4, not later than 48 hours after receiving from a consumer a signed and notarized copy of the written acknowledgment pursuant to subsection 2, the reporting agency shall close all access to its files concerning the consumer.

4. A reporting agency shall provide access to the files of the reporting agency that have been closed pursuant to subsection 3 only if:

(a) The reporting agency receives a written statement from the consumer whose files are closed rescinding his request to close access to his files;

(b) The reporting agency receives a written statement from the consumer whose files are closed authorizing the reporting agency to provide access to a specific person; or

(c) A court of competent jurisdiction has issued an order requiring the reporting agency to provide access to a specific person.

5. If access to the files of a reporting agency concerning a consumer has been closed pursuant to subsection 3, the reporting agency shall so inform any person who requests access to the files.".

Amend sec. 6, page 4, line 24, by deleting "are" and inserting "were".

Amend the title of the bill to read as follows:

"AN ACT relating to personal identity; prohibiting a person from obtaining any personal identifying information of another person and using the information to harm that other person or for any unlawful purpose; making various changes to provisions concerning identity fraud and false status; authorizing a person to bring a civil action against another person who unlawfully obtained and used his personal identifying information; requiring a creditor who mails a solicitation for an extension of credit to a person to use the same address to mail the extension of credit to the person under certain circumstances; making various changes concerning access to certain consumer reports; providing penalties; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Makes various changes concerning use of personal identity. (BDR 15-146)".