Nevada 2017 Regular Session Status: Enacted

AB 415 — Provides for the acceptance of a tribal identification card in certain circumstances. (BDR 18-366)

Last action — Approved by the Governor. Chapter 306.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 27, 2017. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

659 added · 700 removed

659 line(s) added, 700 removed.

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(Reprinted with amendments adopted on May 25, 2017) FIRST REPRINT A.B.
Assembly Bill No.
415 A SSEMBLY BILL NO .
415–Committee on Judiciary CHAPTER..........
415–COMMITTEE ON JUDICIARY M ARCH 27, 2017 ____________ Referred to Committee on Government Affairs SUMMARY—Provides for the acceptance of a tribal identification card in certain circumstances.
(BDR 18-366) 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.
- *AB415_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
Section 1.
matter between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
(c) A unique number assigned to the holder of the card;
- 79th Session (2017) – 2 – (c) A unique number assigned to the holder of the card;
(e) The address of the principal residence of the holder of the card;
(e) The address of the principal residence of the holder of the car(f) A physical description of the holder of the card, including, without limitation, the height, weight, hair color and eye color of the holder of the card;
(f) A physical description of the holder of the card, including, without limitation, the height, weight, hair color and eye color of the holder of the card;
- *AB415_R1* – 3 – Sec.
Sec.
If a solicitor makes a firm offer of credit for a credit card to a person by mail and receives an acceptance of that offer which has a substantially different address listed for the person than the address to which the solicitor sent the offer, the solicitor shall verify that the person accepting the offer is the same person to whom the offer was made before sending the person the credit card.
If a solicitor makes a firm offer of credit for a offer which has a substantially different address listed for the person than the address to which the solicitor sent the offer, the solicitor shall verify that the person accepting the offer is the same person to whom the offer was made before sending the person the credit card.
(b) Receives from the person accepting the offer of credit proof of identity in the form of an identification document, including, without limitation, a driver’s license , [or] passport [,] or tribal identification card which confirms that the person accepting the solicitation is the person to whom the solicitation was made;
(b) Receives from the person accepting the offer of credit proof of identity in the form of an identification document, including, without limitation, a driver’s license , [or] passport [,] or tribal - 79th Session (2017) – 3 – identification card which confirms that the person accepting the solicitation is the person to whom the solicitation was made;
or (c) Uses any other commercially reasonable means to confirm that the person accepting the solicitation is the person to whom the solicitation was made, including, without limitation, any means adopted in federal regulations.
or (c) Uses any other commercially reasonable means to confirm that the person accepting the solicitation is the person to whom the adopted in federal regulations.g, without limitation, any means 3.
3.
- *AB415_R1* – 4 – (4) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;
(4) Closing bank or other financial management accounts, conducting any unusual financial activities;ancial documents, or (5) Applying for a passport or visa or obtaining travel documents for the respondent, a family member or the child;
(5) Applying for a passport or visa or obtaining travel documents for the respondent, a family member or the child;
(1) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;
- 79th Session (2017) – 4 – (1) Is not a party to the Hague Convention on the Civil the extradition of an abducting parent or for the return of anfor abducted child;
(4) Has laws or practices that would:
(4)(I) Enable the respondent, without due cause, to prevent the petitioner from contacting the child;
(I) Enable the respondent, without due cause, to prevent the petitioner from contacting the child;
- *AB415_R1* – 5 – (6) Does not have an official United States diplomatic presence in the country;
(6) Does not have an official United States diplomatic presence in the country;
(j) Has had an application for United States citizenship denied;
(k) Has forged or presented misleading or false evidence onnied;
(k) Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver’s license , a tribal identification card or other government- issued identification card or has made a misrepresentation to the United States Government;
government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver’s license , a tribal identification card or other government- - 79th Session (2017) – 5 – issued identification card or has made a misrepresentation to the United States Government;
or (m) Has engaged in any other conduct the court considers relevant to the risk of abduction.
or (m) Has engaged in any other conduct the court considers rel2.antIn the hearing on a petition pursuant to the provisions of this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent’s conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.
2.
In the hearing on a petition pursuant to the provisions of this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent’s conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.
(c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:
(c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS maintained in a confidential manner:
(1) A social security number;
carry out a specific statute, (1) A social security number;
- *AB415_R1* – 6 – (4) A valid identification card number;
(4) A valid identification card number;
(1) Whether there is a current order concerning custody and, if so, the state in which the order was issued;
- 79th Session (2017) – 6 – (1) Whether there is a current order concerning custody and, if so, (2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.
and (2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.
(h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:
(h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to NRS 239.0115 or as otherwise required to carry out a specific in statute, maintained in a confidential manner:
- *AB415_R1* – 7 – (1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:
(1) A certificate signed by a physician who is licensed to Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:
(II) Whether the proposed ward presents a danger to himself or herself or others;
- 79th Session (2017) – 7 – (II) Whether the proposed ward presents a danger to himself or(III) Whether the proposed ward’s attendance at a hearing would be detrimental to the proposed ward;
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(III) Whether the proposed ward’s attendance at a hearing would be detrimental to the proposed ward;
If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.
If any money is paid or is payable to the proposed ward by the United States through the Dep(m) The name and address of any person or care provider having the care, custody or control of the proposed ward.
(m) The name and address of any person or care provider having the care, custody or control of the proposed ward.
(r) Whether the guardianship is sought for the purpose of initiating litigation.
(r) Whether the guardianship is sought for the purpose of ini(s) Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.
- *AB415_R1* – 8 – (s) Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.
- 79th Session (2017) – 8 – (t) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.
(t) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.
Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed adult ward must provide the court with an assessment of the needs of the proposed adult ward completed by a licensed physician which identifies the limitations of capacity of the proposed adult ward and how such limitations affect the ability of the proposed adult ward to maintain his or her safety and basic needs.
Before the court makes a finding pursuant to NRS 159.054, provide the court with an assessment of the needs of the proposed adult ward completed by a licensed physician which identifies the limitations of capacity of the proposed adult ward and how such limitations affect the ability of the proposed adult ward to maintain his or her safety and basic needs.
A person shall not sell, distribute or offer to sell cigarettes, any smokeless product made or derived from tobacco or any alternative nicotine product in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law.
A person shall not sell, distribute or offer to sell cigarettes, any smokeless product made or derived from tobacco or any alternative nicotine product in any form other than in an bears any health warning required by federal law.
A person who - *AB415_R1* – 9 – violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.
A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.
3.
- 79th Session (2017) – 9 – 3.
A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products, the person:
A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or (a) Demands that the other person present a valid driver’s license , tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;
(a) Demands that the other person present a valid driver’s license , tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;
6.
product made or derived from tobacco, vapor product or alternative nicotine product is being sold or offered for sale at the establishment, display prominently at the point of sale:
The owner of a retail establishment shall, whenever any product made or derived from tobacco, vapor product or alternative nicotine product is being sold or offered for sale at the establishment, display prominently at the point of sale:
- *AB415_R1* – 10 – 7.
- 79th Session (2017) – 10 – 7.
and (b) From which cigarettes are readily accessible to a customer without the assistance of the retailer, ¬ except a vending machine used in compliance with NRS 202.2494.
and without the assistance of the retailer,y accessible to a customer ¬ except a vending machine used in compliance with NRS 202.2494.
(b) The date of birth of the holder of the card;
(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.
- 79th Session (2017) – 11 – (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.
- *AB415_R1* – 11 – (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.
(b) “Identification card issued by the Department of Motor 483.810 to 483.890, inclusive.ion card of the type described in NRS (c) “Local government” has the meaning ascribed to it in NRS 237.050.
(c) “Local government” has the meaning ascribed to it in NRS 237.050.
(1) Presents an identification card which provides a photograph and which is issued by the Federal Government, this State or any other state [,] or a tribal government, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C.
(1) Presents an identification card which provides a State or any other state [,] or a tribal government, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C.
The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to criminal penalties under state law, as set forth in NRS 453.359, and under federal law, as set forth in 18 U.S.C.
The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to - 79th Session (2017) – 12 – criminal penalties under state law, as set forth in NRS 453.359, and under federal law, as set forth in 18 U.S.C.
- *AB415_R1* – 12 – 6.
information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.
A retail distributor shall not access, use or share the information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.
A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person distributes black powder or smokeless gunpowder to another person, the person:
A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person distributes black pow(a) Asks the other person to declare the intended use for the black powder or smokeless gunpowder;
(a) Asks the other person to declare the intended use for the black powder or smokeless gunpowder;
3.
- 79th Session (2017) – 13 – 3.
(b) “Tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006.
(b) “Tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subSec.
- *AB415_R1* – 13 – Sec.
10.3 ofChapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:
10.
Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:
[or] (3) A tribal identification card;
[or] (4) A consular identification card,r ¬ as a condition of accepting a check or draft.
or (4) A consular identification card, ¬ as a condition of accepting a check or draft.
(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;
- 79th Session (2017) – 14 – (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;
(2) The issuer has agreed to guarantee any such check or draft s(3) The cardholder has given actual, apparent or implied authority for the use of his or her account number for this purpose.
and (3) The cardholder has given actual, apparent or implied authority for the use of his or her account number for this purpose.
2.
- *AB415_R1* – 14 – 2.
(b) “Credit card” has the meaning ascribed to it in NRS 205.630.
(c) “Identification card issued by the Department of Motor5.630.
(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.
Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.
643.184 A person who is required to display a license issued pursuant to the provisions of this chapter shall, upon the request of an authorized representative of the Board, provide to that representative identification in the form of a driver’s license or identification card with a photograph that has been issued by a state, the District of Columbia or the United States [.] or a tribal identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006.
643.184 A person who is required to display a license issued pursuant to the provisions of this chapter shall, upon the request of an authorized representative of the Board, provide to that representative identification in the form of a driver’s license or identification card with a photograph that has been issued by a state, the District of Columbia or the United States [.] or a tribal - 79th Session (2017) – 15 – identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006.
The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has applied to the Board in proper form and paid the fee, and who:
The Board shall admit to examination as a hair each person who has applied to the Board in proper form and paids, the fee, and who:
- *AB415_R1* – 15 – (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(f) If the person has practiced hair braiding in this State on a person who is related within the sixth degree of consanguinity without a license and without charging a fee:
person who is related within the sixth degree of consanguinity on a without a license and without charging a fee:
(1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States [;] or a tribal identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006;
- 79th Session (2017) – 16 – (1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States [;] or a tribal identification card issued by a tribal government which satisfies the requirements of subsect(2) The birth certificate of the applicant;
(2) The birth certificate of the applicant;
The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has practiced hair braiding in another state, has - *AB415_R1* – 16 – applied to the Board in proper form and paid a fee of $200, and who:
The Board shall admit to examination as a hair braider, at any meeting of the Board held to conduct examinations, each person who has practiced hair braiding in another state, has applied to the Board in proper form and paid a fee of $200, and who:
(f) If the person has practiced hair braiding in another state without a license and it is legal in that state to practice hair braiding without a license:
(f) If the person has practiced hair braiding in another state without a license and it is legal in that state to practice hair braiding without(1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year;
(1) Has submitted to the Board a signed affidavit stating that the person has practiced hair braiding for at least 1 year;
(1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States [;] or a tribal identification card issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006;
(1) A driver’s license or identification card issued to the applicant by this State or another state, the District of Columbia or any territory of the United States [;] or a tribal identification card - 79th Session (2017) – 17 – issued by a tribal government which satisfies the requirements of subsection 3 of NRS 232.006;
H - *AB415_R1*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 306.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 740 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  6. From printer. To engrossment. Engrossed. First reprint .

  7. Read second time. Amended. (Amend. No. 740.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. Referred to Committee on Government Affairs. To committee.

  11. In Senate.

  12. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate.

  13. Read second time.

  14. From committee: Do pass.

  15. From printer. To committee.

  16. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors AB 415?
AB 415 is sponsored by Judiciary.
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This bill has been enacted into law. Introduced March 27, 2017. Enacted.
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