(Reprinted with amendments adopted on April 16, 2003)

 

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

 

March 17, 2003

____________

 

Joint Sponsors: Assemblymen Ohrenschall,
Giunchigliani, Chowning and McCleary

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes state and local governmental entities to accept consular identification card for purpose of identifying person under certain circumstances. (BDR 19‑823)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  thereto a new section to read as follows:

1-3  1.  Except as otherwise provided in subsection 2, with respect

1-4  to any activity or transaction in which a local government accepts

1-5  an identification card issued by the Department of Motor Vehicles

1-6  to identify a person, the local government may also accept a

1-7  consular identification card to identify a person.

2-1  2.  The provisions of subsection 1 apply only to the

2-2  presentation of a consular identification card for purposes of

2-3  identification and do not convey an independent right to receive

2-4  benefits of any type.

2-5  3.  As used in this section:

2-6  (a) “Consular identification card” means an identification

2-7  card issued by a consulate of a foreign government, which

2-8  consulate is located within the State of Nevada.

2-9  (b) “Identification card issued by the Department of Motor

2-10  Vehicles” means an identification card of the type described in

2-11  NRS 483.810 to 483.890, inclusive.

2-12      (c) “Local government” has the meaning ascribed to it in

2-13  NRS 237.050.

2-14      Sec. 2.  NRS 240.163 is hereby amended to read as follows:

2-15      240.163  1.  In taking an acknowledgment, a notarial officer

2-16  shall determine, from personal knowledge or from other satisfactory

2-17  evidence, that the person making the acknowledgment is the person

2-18  whose signature is on the instrument. The person who signed the

2-19  document shall present the document to the notarial officer in

2-20  person.

2-21      2.  In taking a verification upon oath or affirmation, a notarial

2-22  officer shall determine, from personal knowledge or from other

2-23  satisfactory evidence, that the person making the verification is the

2-24  person whose signature is on the verified statement.

2-25      3.  In certifying or attesting a copy of a document or other item,

2-26  a notarial officer shall determine that the proffered copy is a

2-27  complete, accurate and authentic transcription or reproduction of

2-28  that which was copied.

2-29      4.  In making or noting a protest of a negotiable instrument, a

2-30  notarial officer shall verify compliance with the provisions of

2-31  subsection 2 of NRS 104.3505.

2-32      5.  In executing a jurat, a notarial officer shall administer an

2-33  oath or affirmation to the affiant and shall determine, from personal

2-34  knowledge or other satisfactory evidence, that the affiant is the

2-35  person named in the document. The affiant shall sign the document

2-36  in the presence of the notarial officer. The notarial officer shall

2-37  administer the oath or affirmation required pursuant to this

2-38  subsection in substantially the following form:

2-39      Do you (solemnly swear, or affirm) that the statements in

2-40  this document are true, (so help you God)?

2-41      6.  A notarial officer has satisfactory evidence that a person is

2-42  the person whose signature is on a document if he:

2-43      (a) Is personally known to the notarial officer;

2-44      (b) Is identified upon the oath or affirmation of a credible

2-45  witness personally known to the notarial officer;

3-1  (c) Is identified on the basis of an identifying document which

3-2  contains a signature and a photograph or physical description;

3-3  (d) Is identified on the basis of a consular identification card;

3-4  (e) Is identified upon an oath or affirmation of a subscribing

3-5  witness who is personally known to the notarial officer; or

3-6  [(e)] (f) In the case of a person who is 65 years of age or older

3-7  and cannot satisfy the requirements of paragraphs (a) to [(d),] (e),

3-8  inclusive, is identified upon the basis of an identification card issued

3-9  by a governmental agency or a senior citizen center.

3-10      7.  An oath or affirmation administered pursuant to subsection 6

3-11  must be in substantially the following form:

3-12      Do you (solemnly swear, or affirm) that you personally

3-13  know ………(name of person who signed the

3-14  document)………, (so help you God)?

3-15      8.  As used in this section, unless the context otherwise

3-16  requires, “consular identification card” means an identification

3-17  card issued by a consulate of a foreign government, which

3-18  consulate is located within the State of Nevada.

3-19      Sec. 3.  Chapter 232 of NRS is hereby amended by adding

3-20  thereto a new section to read as follows:

3-21      1.  Except as otherwise provided in subsection 2, with respect

3-22  to any activity or transaction in which a state agency accepts an

3-23  identification card issued by the Department of Motor Vehicles to

3-24  identify a person, the state agency may also accept a consular

3-25  identification card to identify a person.

3-26      2.  The provisions of subsection 1 apply only to the

3-27  presentation of a consular identification card for purposes of

3-28  identification and do not convey an independent right to receive

3-29  benefits of any type.

3-30      3.  As used in this section:

3-31      (a) “Consular identification card” means an identification

3-32  card issued by a consulate of a foreign government, which

3-33  consulate is located within the State of Nevada.

3-34      (b) “Identification card issued by the Department of Motor

3-35  Vehicles” means an identification card of the type described in

3-36  NRS 483.810 to 483.890, inclusive.

3-37      (c) “State agency” means every public agency, bureau, board,

3-38  commission, department or division of the Executive Department

3-39  of State Government.

3-40      Sec. 4.  NRS 597.940 is hereby amended to read as follows:

3-41      597.940  1.  Except as otherwise provided in this subsection, a

3-42  business shall not, without the customer’s consent, record the

3-43  account number of any of a customer’s credit cards on the

3-44  customer’s check or draft as a condition of accepting that check or

3-45  draft. This subsection does not prohibit:

4-1  (a) The business from requiring the customer to produce

4-2  reasonable forms of positive identification other than a credit card,

4-3  [such as a] including, without limitation:

4-4       (1) A driver’s license [or] ;

4-5       (2) An identification card issued by the Department of

4-6  Motor Vehicles; or

4-7       (3) A consular identification card,

4-8  as a condition of accepting a check or draft.

4-9  (b) The business from requesting the customer to display a

4-10  credit card as an indicia of creditworthiness or financial

4-11  responsibility, if the only information recorded by the business

4-12  concerning the credit card is the type of credit card displayed, the

4-13  issuer of the card and the date the card expires.

4-14      (c) The business from requesting the customer to record the

4-15  account number of his credit card on the check or draft with which

4-16  payment on the credit card account is being made.

4-17      (d) The business from requesting the production of or recording

4-18  of the account number of a credit card as a condition of cashing a

4-19  check or draft if:

4-20          (1) The business has agreed with the issuer of the credit card

4-21  to cash the checks or drafts as a service to the cardholders of the

4-22  issuer;

4-23          (2) The issuer has agreed to guarantee any such check or

4-24  draft so cashed; and

4-25          (3) The cardholder has given actual, apparent or implied

4-26  authority for the use of his account number for this purpose.

4-27      2.  Except as otherwise provided in this subsection, a business

4-28  shall not, without the customer’s consent, record a customer’s

4-29  telephone number on the credit card sales slip as a condition of

4-30  accepting his credit card. This subsection does not:

4-31      (a) Prohibit the recordation of personal identifying information

4-32  required for a special purpose incidental to the use of the credit card,

4-33  such as the delivery, shipping, servicing or installation of the

4-34  purchased merchandise.

4-35      (b) Apply to a transaction in which the customer receives a cash

4-36  advance against his credit card or to a transaction involving the use

4-37  of preprinted spaces for personal identifying information that the

4-38  business accepting the credit card has a contractual obligation to

4-39  record in order to complete the transaction.

4-40      (c) Apply to a transaction in which the customer’s purchase is

4-41  made by the use of a device that electronically authorizes the use of

4-42  the credit card and processes information relating thereto.

4-43      3.  As used in this section, unless the context otherwise requires

4-44  [, “credit] :

5-1  (a) “Consular identification card” means an identification

5-2  card issued by a consulate of a foreign government, which

5-3  consulate is located within the State of Nevada.

5-4  (b) “Credit card” has the meaning ascribed to it in

5-5  NRS 205.630.

5-6  (c) “Identification card issued by the Department of Motor

5-7  Vehicles” means an identification card of the type described in

5-8  NRS 483.810 to 483.890, inclusive.

 

5-9  H