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; 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:

 

 

2-1  Section 1. Chapter 237 of NRS is hereby amended by adding

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

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

2-4  to any activity or transaction in which a local government accepts

2-5  an identification card issued by the Department of Motor Vehicles

2-6  to identify a person, the local government may also accept a

2-7  consular identification card to identify a person.

2-8  2.  The provisions of subsection 1 apply only to the

2-9  presentation of a consular identification card for purposes of

2-10  identification and do not convey an independent right to receive

2-11  benefits of any type.

2-12      3.  As used in this section:

2-13      (a) “Consular identification card” means an identification

2-14  card issued by a consulate of a foreign government, which

2-15  consulate is located within the State of Nevada.

2-16      (b) “Identification card issued by the Department of Motor

2-17  Vehicles” means an identification card of the type described in

2-18  NRS 483.810 to 483.890, inclusive.

2-19      (c) “Local government” has the meaning ascribed to it in

2-20  NRS 237.050.

2-21      Sec. 2.  NRS 240.163 is hereby amended to read as follows:

2-22      240.163  1.  In taking an acknowledgment, a notarial officer

2-23  shall determine, from personal knowledge or from other satisfactory

2-24  evidence, that the person making the acknowledgment is the person

2-25  whose signature is on the instrument. The person who signed the

2-26  document shall present the document to the notarial officer in

2-27  person.

2-28      2.  In taking a verification upon oath or affirmation, a notarial

2-29  officer shall determine, from personal knowledge or from other

2-30  satisfactory evidence, that the person making the verification is the

2-31  person whose signature is on the verified statement.

2-32      3.  In certifying or attesting a copy of a document or other item,

2-33  a notarial officer shall determine that the proffered copy is a

2-34  complete, accurate and authentic transcription or reproduction of

2-35  that which was copied.

2-36      4.  In making or noting a protest of a negotiable instrument, a

2-37  notarial officer shall verify compliance with the provisions of

2-38  subsection 2 of NRS 104.3505.

2-39      5.  In executing a jurat, a notarial officer shall administer an

2-40  oath or affirmation to the affiant and shall determine, from personal

2-41  knowledge or other satisfactory evidence, that the affiant is the

2-42  person named in the document. The affiant shall sign the document

2-43  in the presence of the notarial officer. The notarial officer shall

2-44  administer the oath or affirmation required pursuant to this

2-45  subsection in substantially the following form:

3-1  Do you (solemnly swear, or affirm) that the statements in

3-2  this document are true, (so help you God)?

3-3  6.  A notarial officer has satisfactory evidence that a person is

3-4  the person whose signature is on a document if he:

3-5  (a) Is personally known to the notarial officer;

3-6  (b) Is identified upon the oath or affirmation of a credible

3-7  witness personally known to the notarial officer;

3-8  (c) Is identified on the basis of an identifying document which

3-9  contains a signature and a photograph or physical description;

3-10      (d) Is identified on the basis of a consular identification card;

3-11      (e) Is identified upon an oath or affirmation of a subscribing

3-12  witness who is personally known to the notarial officer; or

3-13      [(e)] (f) In the case of a person who is 65 years of age or older

3-14  and cannot satisfy the requirements of paragraphs (a) to [(d),] (e),

3-15  inclusive, is identified upon the basis of an identification card issued

3-16  by a governmental agency or a senior citizen center.

3-17      7.  An oath or affirmation administered pursuant to subsection 6

3-18  must be in substantially the following form:

3-19      Do you (solemnly swear, or affirm) that you personally

3-20  know ………(name of person who signed the

3-21  document)………, (so help you God)?

3-22      8.  As used in this section, unless the context otherwise

3-23  requires, “consular identification card” means an identification

3-24  card issued by a consulate of a foreign government, which

3-25  consulate is located within the State of Nevada.

3-26      Sec. 3.  Chapter 232 of NRS is hereby amended by adding

3-27  thereto a new section to read as follows:

3-28      1.  Except as otherwise provided in subsection 2 and NRS

3-29  483.290, 483.860 and 486.081, with respect to any activity or

3-30  transaction in which a state agency accepts an identification card

3-31  issued by the Department of Motor Vehicles to identify a person,

3-32  the state agency may also accept a consular identification card to

3-33  identify a person.

3-34      2.  The provisions of subsection 1 apply only to the

3-35  presentation of a consular identification card for purposes of

3-36  identification and do not convey an independent right to receive

3-37  benefits of any type.

3-38      3.  As used in this section:

3-39      (a) “Consular identification card” means an identification

3-40  card issued by a consulate of a foreign government, which

3-41  consulate is located within the State of Nevada.

3-42      (b) “Identification card issued by the Department of Motor

3-43  Vehicles” means an identification card of the type described in

3-44  NRS 483.810 to 483.890, inclusive.

4-1  (c) “State agency” means every public agency, bureau, board,

4-2  commission, department or division of the Executive Department

4-3  of State Government.

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

4-5  483.290  1.  Every application for an instruction permit or for

4-6  a driver’s license must:

4-7  (a) Be made upon a form furnished by the Department.

4-8  (b) Be verified by the applicant before a person authorized to

4-9  administer oaths. Officers and employees of the Department may

4-10  administer those oaths without charge.

4-11      (c) Be accompanied by the required fee.

4-12      (d) State the full name, date of birth, sex and residence address

4-13  of the applicant and briefly describe the applicant.

4-14      (e) State whether the applicant has theretofore been licensed as a

4-15  driver, and, if so, when and by what state or country, and whether

4-16  any such license has ever been suspended or revoked, or whether an

4-17  application has ever been refused, and, if so, the date of and reason

4-18  for the suspension, revocation or refusal.

4-19      (f) Include such other information as the Department may

4-20  require to determine the competency and eligibility of the applicant.

4-21      2.  Every applicant must furnish proof of his age by displaying:

4-22      (a) If the applicant was born in the United States, a birth

4-23  certificate issued by a state or the District of Columbia or other

4-24  proof of the date of birth of the applicant, including, but not limited

4-25  to, a driver’s license issued by another state or the District of

4-26  Columbia, or a baptismal certificate and other proof that is

4-27  determined to be necessary and is acceptable to the Department; or

4-28      (b) If the applicant was born outside the United States, a

4-29  Certificate of Citizenship, Certificate of Naturalization, Arrival-

4-30  Departure Record, Alien Registration Receipt Card, United States

4-31  Citizen Identification Card or Letter of Authorization issued by the

4-32  Immigration and Naturalization Service of the United States

4-33  Department of Justice or a Report of Birth Abroad of a United

4-34  States Citizen Child issued by the Department of State, a driver’s

4-35  license issued by another state or the District of Columbia or other

4-36  proof acceptable to the Department other than a passport issued by a

4-37  foreign government.

4-38      3.  At the time of applying for a driver’s license, an applicant

4-39  may, if eligible, register to vote pursuant to NRS 293.524.

4-40      4.  Every applicant who has been assigned a social security

4-41  number must furnish proof of his social security number by

4-42  displaying:

4-43      (a) An original card issued to the applicant by the Social

4-44  Security Administration bearing the social security number of the

4-45  applicant; or

5-1  (b) Other proof acceptable to the Department, including, but not

5-2  limited to, records of employment or federal income tax returns.

5-3  5.  Notwithstanding any other provision of this section, the

5-4  Department shall not accept a consular identification card as

5-5  proof of the age or identity of an applicant for an instruction

5-6  permit or for a driver’s license. As used in this subsection,

5-7  “consular identification card” has the meaning ascribed to it in

5-8  section 3 of this act.

5-9  Sec. 5.  NRS 483.860 is hereby amended to read as follows:

5-10      483.860  1.  Every applicant for an identification card must

5-11  furnish proof of his age by presenting a birth certificate issued by a

5-12  state or the District of Columbia or other proof of the applicant’s

5-13  date of birth, including, but not limited to, a driver’s license issued

5-14  by another state or the District of Columbia, or a baptismal

5-15  certificate and such other corroboration of the matters stated in his

5-16  application as are required of applicants for a driver’s license.

5-17      2.  Every applicant who has been assigned a social security

5-18  number must furnish proof of his social security number by

5-19  displaying:

5-20      (a) An original card issued to the applicant by the Social

5-21  Security Administration bearing the applicant’s social security

5-22  number; or

5-23      (b) Other proof acceptable to the Department, including, but not

5-24  limited to, records of employment or federal income tax returns.

5-25      3.  Notwithstanding any other provision of this section, the

5-26  Department shall not accept a consular identification card as

5-27  proof of the age or identity of an applicant for an identification

5-28  card. As used in this subsection, “consular identification card”

5-29  has the meaning ascribed to it in section 3 of this act.

5-30      Sec. 6.  NRS 486.081 is hereby amended to read as follows:

5-31      486.081  1.  Every application for a motorcycle driver’s

5-32  license must be made upon a form furnished by the Department and

5-33  must be verified by the applicant before a person authorized to

5-34  administer oaths. Officers and employees of the Department may

5-35  administer those oaths without charge.

5-36      2.  Every application must:

5-37      (a) State the full name, date of birth, sex and residence address

5-38  of the applicant;

5-39      (b) Briefly describe the applicant;

5-40      (c) State whether the applicant has previously been licensed as a

5-41  driver, and, if so, when and by what state or country;

5-42      (d) State whether any such license has ever been suspended or

5-43  revoked, or whether an application has ever been refused, and, if so,

5-44  the date of and reason for such suspension, revocation or refusal;

5-45  and

6-1  (e) Give such other information as the Department requires to

6-2  determine the competency and eligibility of the applicant.

6-3  3.  Every applicant shall furnish proof of his age by displaying:

6-4  (a) If he was born in the United States, a certified state-issued

6-5  birth certificate, baptismal certificate, driver’s license issued by

6-6  another state or the District of Columbia or other proof acceptable to

6-7  the Department; or

6-8  (b) If he was born outside the United States, a:

6-9       (1) Certificate of Citizenship, Certificate of Naturalization,

6-10  Arrival-Departure Record, Alien Registration Receipt Card, United

6-11  States Citizen Identification Card or Letter of Authorization issued

6-12  by the Immigration and Naturalization Service of the Department of

6-13  Justice;

6-14          (2) Report of Birth Abroad of a United States Citizen Child

6-15  issued by the Department of State;

6-16          (3) Driver’s license issued by another state or the District of

6-17  Columbia; or

6-18          (4) Passport issued by the United States Government.

6-19      4.  Notwithstanding any other provision of this section, the

6-20  Department shall not accept a consular identification card as

6-21  proof of the age or identity of an applicant for a motorcycle

6-22  driver’s license. As used in this subsection, “consular

6-23  identification card” has the meaning ascribed to it in section 3 of

6-24  this act.

6-25      Sec. 7.  NRS 597.940 is hereby amended to read as follows:

6-26      597.940  1.  Except as otherwise provided in this subsection, a

6-27  business shall not, without the customer’s consent, record the

6-28  account number of any of a customer’s credit cards on the

6-29  customer’s check or draft as a condition of accepting that check or

6-30  draft. This subsection does not prohibit:

6-31      (a) The business from requiring the customer to produce

6-32  reasonable forms of positive identification other than a credit card,

6-33  [such as a] including, without limitation:

6-34          (1) A driver’s license [or] ;

6-35          (2) An identification card issued by the Department of

6-36  Motor Vehicles; or

6-37          (3) A consular identification card,

6-38  as a condition of accepting a check or draft.

6-39      (b) The business from requesting the customer to display a

6-40  credit card as an indicia of creditworthiness or financial

6-41  responsibility, if the only information recorded by the business

6-42  concerning the credit card is the type of credit card displayed, the

6-43  issuer of the card and the date the card expires.

7-1  (c) The business from requesting the customer to record the

7-2  account number of his credit card on the check or draft with which

7-3  payment on the credit card account is being made.

7-4  (d) The business from requesting the production of or recording

7-5  of the account number of a credit card as a condition of cashing a

7-6  check or draft if:

7-7       (1) The business has agreed with the issuer of the credit card

7-8  to cash the checks or drafts as a service to the cardholders of the

7-9  issuer;

7-10          (2) The issuer has agreed to guarantee any such check or

7-11  draft so cashed; and

7-12          (3) The cardholder has given actual, apparent or implied

7-13  authority for the use of his account number for this purpose.

7-14      2.  Except as otherwise provided in this subsection, a business

7-15  shall not, without the customer’s consent, record a customer’s

7-16  telephone number on the credit card sales slip as a condition of

7-17  accepting his credit card. This subsection does not:

7-18      (a) Prohibit the recordation of personal identifying information

7-19  required for a special purpose incidental to the use of the credit card,

7-20  such as the delivery, shipping, servicing or installation of the

7-21  purchased merchandise.

7-22      (b) Apply to a transaction in which the customer receives a cash

7-23  advance against his credit card or to a transaction involving the use

7-24  of preprinted spaces for personal identifying information that the

7-25  business accepting the credit card has a contractual obligation to

7-26  record in order to complete the transaction.

7-27      (c) Apply to a transaction in which the customer’s purchase is

7-28  made by the use of a device that electronically authorizes the use of

7-29  the credit card and processes information relating thereto.

7-30      3.  As used in this section, unless the context otherwise requires

7-31  [, “credit] :

7-32      (a) “Consular identification card” means an identification

7-33  card issued by a consulate of a foreign government, which

7-34  consulate is located within the State of Nevada.

7-35      (b) “Credit card” has the meaning ascribed to it in

7-36  NRS 205.630.

7-37      (c) “Identification card issued by the Department of Motor

7-38  Vehicles” means an identification card of the type described in

7-39  NRS 483.810 to 483.890, inclusive.

 

7-40  H