AB220 - Authorizes the issuance of identification cards by the Department of Health and Human Services to persons experiencing homelessness under certain circumstances. (BDR 38-671)

- 83rd Session (2025) Assembly Bill No. 220–Assemblymember Hunt CHAPTER.......... AN ACT relating to identification cards; authorizing the Department of Health and Human Services to establish a program to issue identification cards to Nevada residents who are experiencing homelessness; requiring an applicant for an identification card to attest to certain facts and provide certain information providing for the change of the full legal name on an identification card under certain circumstances; providing for the expiration of an identification card issued by the Department; prohibiting certain conduct related to an identification card; authorizing certain local governments to accept an identification card issued by the Department for certain purposes; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Director of the Department of Motor Vehicles to issue identification cards to: (1) qualified residents of this State who are 10 years of age or older and do not hold a valid driver’s license or identification card from any state or jurisdiction; and (2) qualified seasonal residents who do not hold a valid Nevada driver’s license. (NRS 483.820, 483.830) Existing law requires the Department of Health and Human Services to establish the Nevada Housing Crisis Response System and requires the System to collaborate with the Department of Motor Vehicles to facilitate assistance to persons experiencing homelessness who wish to apply for an identification card issued by the Department of Motor Vehicles. (NRS 422A.680) Section 7 of this bill authorizes the Department of Health and Human Services to establish and administer a program to issue identification cards to residents of this State who are experiencing homelessness. Section 7 limits the issuance of such cards to residents of this State who are 10 years of age or older and do not hold a valid driver’s license or identification card from any state or jurisdiction. Section 7: (1) prohibits the Department from charging a fee for the issuance, renewal or replacement of an identification card; and (2) authorizes the Department to accept gifts, grants and donations of money to fund the program to provide identification cards to residents of this State who are experiencing homelessness. Sections 7 and 19 of this bill make confidential personal information contained in any file or record of the Department relating to an identification card or an application for an identification card. Section 8 of this bill prescribes the form of identification cards issued by the Department and requires the Department to adopt regulations prescribing the information that must be contained on such identification cards. Section 9 of this bill requires an application for an identification card issued by the Department to include a statement from the applicant attesting that the applicant is a person who: (1) is experiencing homelessness; and (2) does not hold a valid driver’s license or identification card from any state or jurisdiction. Section 10 of this bill requires an applicant to furnish proof of his or her full legal name and age to the Department by presenting an original or certified copy of the documents required by the Department of Motor Vehicles as proof of the full legal name and age of an applicant for an identification card issued by the – 2 – - 83rd Session (2025) Department of Motor Vehicles. Section 10 prohibits the Department of Health and Human Services from issuing an identification card to an applicant who does not furnish such proof unless the identification card clearly indicates on the face of the card that the Department has not verified the full legal name and age of the card holder. Section 11 of this bill requires a person to request that the Department change his or her full legal name on an identification card issued by the Department after a legal name change as indicated on certain documents and authorizes a person to request that the Department change his or her full legal name on an identification card upon the occurrence of certain life events. Section 11 prohibits the Department from charging or collecting a fee for making a change to an identification card. Section 12 of this bill applies to the Department the prohibition of existing law against the issuance of an identification card to or renewal of the identification card of a sex offender or an offender convicted of a crime against a child until the Department receives information submitted by the Central Repository for Nevada Records of Criminal History or other satisfactory evidence that the offender is in compliance with the provisions of law governing the registration of sex offenders and offenders convicted of a crime against a child. (NRS 179D.570) Section 12 provides that an identification card issued to such offenders expires on the first anniversary date of the offender’s birthday, measured from the birthday nearest to the date of issuance or renewal of the card. Section 17 of this bill authorizes the Central Repository to share information concerning sex offenders and offenders convicted of a crime against a child with the Department to carry out the provisions of section 12. Section 13 of this bill provides that an identification card issued by the Department generally remains valid until expiration unless the holder becomes licensed in any state or jurisdiction to drive a motor vehicle or obtains an identification card from any state or jurisdiction. Section 13 requires an identification card issued by the Department to be surrendered upon the issuance of a driver’s license from any state or jurisdiction, an identification card from another state or jurisdiction or an identification card issued by the Department of Motor Vehicles. Section 14 of this bill requires the Department to adopt regulations prescribing when an identification card expires and requires the date of expiration adopted by the Department to be not later than the eighth anniversary of the birthday of the holder of the identification card measured from the birthday nearest to the date of issuance or renewal of the card. Section 15 of this bill authorizes a person whose identification card is lost or destroyed to obtain a duplicate card. Section 16 of this bill provides that a person who commits certain acts relating to an identification card is guilty of a misdemeanor. Section 18 of this bill authorizes certain local governments to accept an identification card issued by the Department of Health and Human Services for certain purposes. Sections 2-6 of this bill define certain terms for the purposes of sections 2-16. – 3 – - 83rd Session (2025) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 422A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act. Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections. Sec. 3. “Full legal name” means a natural person’s first name or given name, middle name and family name or last name, without the use of initials or a nickname. The term includes a full legal name that has been changed pursuant to the provisions of section 11 of this act. Sec. 4. “Identification card” means an identification card issued by the Department pursuant to sections 2 to 16, inclusive, of this act. Sec. 5. “Person experiencing homelessness” means a person who is transient, at imminent risk of homelessness or homeless. Sec. 6. “Resident” means a person who has actually resided in this State for at least 6 months. Sec. 7. 1. To the extent that money is available for that purpose, the Department, through a division of the Department designated by the Director, may establish and administer a program to issue photo identification cards to residents of this State who are persons experiencing homelessness. If the Department establishes such a program, the Department shall: (a) Prepare suitable identification cards. (b) Prepare and furnish application forms for those cards. (c) Receive applications, grant or deny the applications and maintain files of applications. (d) Issue identification cards, recall and cancel identification cards when necessary and maintain records adequate to preserve the integrity of the system for identification cards. 2. A person who applies for an identification card in accordance with the provisions of sections 2 to 16, inclusive, of this act and who is not ineligible to receive an identification card pursuant to section 12 of this act is entitled to receive an identification card if the person: (a) Is a resident of this State; – 4 – - 83rd Session (2025) (b) Is 10 years of age or older; and (c) Does not hold a valid driver’s license or identification card from any state or jurisdiction. 3. The Department shall not charge a fee for the issuance, renewal or replacement of an identification card. 4. The Department may accept gifts, grants and donations of money to fund the program to issue identification cards to residents of this State who are experiencing homelessness. Money received by the Department pursuant to this subsection does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year. 5. The personal information contained in any file or record of the Department relating to an identification card or an application for an identification card is confidential and is not a public record for the purposes of chapter 239 of NRS. The Department may only disclose information made confidential pursuant to this subsection if such disclosure is necessary for the Department to carry out its duties or upon the lawful order of a court of competent jurisdiction. Sec. 8. 1. The form of identification cards issued by the Department must be similar to that of identification cards issued by the Department of Motor Vehicles pursuant to NRS 483.810 to 483.890, inclusive, but distinguishable in color or otherwise. 2. Identification cards issued by the Department do not authorize the operation of any motor vehicle. 3. If the Department establishes the program described in section 7 of this act, the Department shall adopt regulations prescribing the information that must be contained on the identification card. Sec. 9. 1. Every application for an identification card must be made upon a form prescribed by the Department and include, without limitation, a statement from the applicant attesting that the applicant: (a) Does not hold a valid driver’s license or identification card from any state or jurisdiction. (b) Is a person experiencing homelessness. 2. When the form is completed, the applicant must sign the form and verify the contents before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge. Sec. 10. 1. Except as otherwise provided in subsection 2, every applicant for an identification card pursuant to sections 2 to 16, inclusive, of this act must furnish proof of his or her full legal – 5 – - 83rd Session (2025) name and age by presenting an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.860 as proof of the full legal name and age of an applicant for the issuance of an identification card by the Department of Motor Vehicles. 2. If an applicant for an identification card does not furnish the proof of his or her full legal name and age as required by subsection 1, the Department must not issue to the applicant an identification card, unless the identification card clearly indicates on the face of the card that the Department has not verified the full legal name and age of the card holder pursuant to subsection 1. Sec. 11. 1. A person must request that the Department change his or her full legal name on an identification card after a legal change of the person’s name indicated on: (a) An order of a court of competent jurisdiction changing the name of the person; (b) A decree of adoption; (c) A certificate of marriage; or (d) A decree of divorce. 2. A request required pursuant to subsection 1 must: (a) Be made on a form prescribed by the Department; and (b) Include an original or certified copy of the order, decree or certificate. 3. A person may request that the Department change his or her full legal name on an identification card upon adoption, marriage, divorce or the death of a spouse. Such a request must be made on a form prescribed by the Department and must include: (a) Upon adoption, an original or certified copy of a decree of adoption and an affidavit on a form prescribed by the Department indicating the person’s choice to: (1) Change his or her last name to the last name of one of his or her adoptive parents; (2) Use his or her last name hyphenated with the last name of one of his or her adoptive parents; or (3) Replace his or her middle name with his or her last name and use as his or her last name the last name of one of his or her adoptive parents. (b) Upon marriage, an original or certified copy of a certificate of marriage and an affidavit on a form prescribed by the Department indicating the person’s choice to: (1) Change his or her last name to the last name of his or her spouse; – 6 – - 83rd Session (2025) (2) Use his or her last name hyphenated with the last name of his or her spouse; or (3) Replace his or her middle name with his or her last name and use as his or her last name the last name of his or her spouse. (c) Upon divorce, an original or certified copy of a decree of divorce and an affidavit on a form prescribed by the Department indicating the person’s choice to: (1) Change his or her last name back to a last name he or she used before marriage; or (2) If he or she changed his or her name pursuant to subparagraph (3) of paragraph (b), change his or her middle name and last name back to the middle name and last name he or she used before the marriage; or (d) Upon the death of a spouse, an original or certified copy of a certificate of marriage and an original or certified copy of a death certificate and an affidavit on a form prescri [Text truncated for display. Full text available on LegiScan.]