AB 148 — Increases the penalties for certain willful violations of provisions relating to notaries public and document preparation services. (BDR 19-756)

(ReprintedAssembly withBill amendmentsNo. adopted on May 22, 2017) FIRST REPRINT A.B.

148148–Assemblyman ASSEMBLYFlores BCHAPTER.......... ILLN O.

148–A SSEMBLYMAN FLORES PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Increases the penalties for certain willful violations of provisions relating to notaries public and document preparation services.

(BDR 19-756) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law authorizes various civil and criminal penalties for violations of certainthis bill provides that a person who willfully violates such provisions relatingis guilty of a category D felony if the offense results in irreparable harm to notariesa public.person.

(NRS 240.010-240.169) Section 1 of category D felony if the offense results in irreparable harm to a person.s guilty of a Existing law provides that a person who willfully violates the provisions governing document preparation services is guilty of a misdemeanor for a first offense and a gross misdemeanor for a second or subsequent offense.

(NRS 240A.290)governing Sectiondocument 3preparation ofservices this bill makes a willful violation of any provision in irreparable harm to a client.ervices a category D felony if the offense results THEin PEOPLEirreparable OFharm THEto STATEa OFclient. NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

A person who willfully violates a provision of NRS 240.001 to 240.169, inclusive, or a regulation or order adopted or issued pursuant thereto is guilty of a category D felony and shall be - *AB148_R1* – 2 – punished as provided in NRS 193.130 if the offense results in irreparable harm to a person.

- 79th Session (2017) – 2 – I AM NOT AN ATTORNEY IN THE STATE OF NEVADA.

or - *AB148_R1* – 3 – (b) Advertise using the term “notario,” “notario publico,” “licenciado” or any other equivalent non-English term in any form of communication that advertises notary public services, including, without limitation, a business card, stationery, notice and sign, unless the notary public under his or her employment is an attorney licensed to practice law in this State.

[The] Unless a greater penalty is provided pursuant to section 1 of this act, the employer of a notary public who is found - 79th Session (2017) – 3 – guilty in a criminal prosecution of violating a provision of subsection 5 shall be punished by a fine of not more than $2,000.

(a) Photocopy or otherwise reproduce a completed notarial certificate with a notary’s statement and signature if that certificate is reproduced for use in a mailing to endorse, promote or sell any product, service or offering;

240A.100of 1.a document preparation service must be registered by thesiness Secretary of State pursuant to this chapter.

A person who wishes to engage in the business of a document preparation service must be registered by the - *AB148_R1* – 4 – Secretary of State pursuant to this chapter.

(c) Who has previously been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a gross - 79th Session (2017) – 4 – misdemeanor or a category D felony pursuant to [paragraph (b) of subsection 1 of] NRS 240A.290;

Each certificate of registration must bear the name of the registrant and a registration number unique to that registrant.

The Secretary of State shallshallration maintain a record of the name and registration number of each registrant.

- *AB148_R1* – 5 – 6.

(b) For a second or subsequent offense within the immediately preceding 5 years, is guilty of a gross misdemeanor and shall be - 79th Session (2017) – 5 – punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment.

A person who willfully violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to the client.

For the purposes of subsections 1 , [and] 2 [,] and 3, evidence that a person has been served with an order by the Secretary of State pursuant to NRS 240A.260 before the date of the alleged violation is evidence that the alleged violation is intentional describedif init theinvolves order.tiona repetition or a continuation of conduct of the kind Hdescribed -in *AB148_R1*the order.

~~~~~ 17 - 79th Session (2017)