Nevada 2017 Regular Session Status: Enacted

AB 413 — Makes various changes relating to electronic documents and electronic signatures. (BDR 12-597)

Last action — Approved by the Governor. Chapter 511.

  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.

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Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • 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

1299 added · 1422 removed

1299 line(s) added, 1422 removed.

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EXEMPT (Reprinted with amendments adopted on June 5, 2017) FOURTH REPRINT A.B.
Assembly Bill No.
413 A SSEMBLY B ILL NO .
413–Committee on Judiciary CHAPTER..........
413–COMMITTEE ON JUDICIARY M ARCH 27, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to electronic documents and electronic signatures.
(BDR 12-597) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law establishes provisions relating to electronic wills.
133.085, 136.185) Sections 10-17 of this bill establish various other provisions19, relating to electronic wills.
(NRS 132.119, 133.085, 136.185) Sections 10-17 of this bill establish various other provisions relating to electronic wills.
Sections 8 and 19 of this bill revise the description of an electronic will and section 10 establishes the circumstances in which an electronic will is self-proving.
Sections 8 and 19 of this bill revise the description of an electronic will and section 10 establishes the circumstances in which an duties of a qualified custodian of an electronic will, who is required to stores and electronic records of electronic wills in a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record.
Sections 11 and 12 establish the qualifications and duties of a qualified custodian of an electronic will, who is required to store electronic records of electronic wills in a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an qualified custodian is authorized to cease serving in such a capacity.
Sections 13 and 14 set forth the circumstances in which a qualified custodian is authorized to cease serving in such a capacity.
Section 15 establishes provisions concerning affidavits relating to the creation of a certified paper original of an electronic will, which section 3 of this bill generally defines as a tangible document containing the text of an electronic will.
Section 15 paper original of an electronic will, which section 3 of this bill generally defines as - *AB413_R4* – 2 – a tangible document containing the text of an electronic will.
Section 16 sets forth provisions relating to the ability of an electronic notary public or other notarial officer to perform certain notarial acts.
Section 16 sets forth officer to perform certain notarial acts.
Section 17 establishes various provisions for purposes relating to the execution and filing of any document with a court in any Section 18 of this bill establishes requirements relating to a declaration or affidavit of a witness to an electronic will.
Section 17 establishes various provisions for purposes relating to the execution and filing of any document with a court in any proceeding relating to an electronic will and for certain other purposes.
Section 18 of this bill establishes requirements relating to a declaration or affidavit of a witness to an electronic will.
(NRS 240.181-240.206) Section 39 of this bill renames the act as the Electronic Notarization Enabling Act and section 45 of this bill requires electronic notaries public to register with, instead of be appointed by, the Secretary of State.
(NRS 240.181-240.206) Section 39 of this bill renames the act as the Electronic Notarization Enabling Act and section - 79th Session (2017) – 2 – of this bill requires electronic notaries public to register with, instead of be appointed by, the Secretary of State.
Section 37 also requires the recording to be kept for not less than 7 electronic journal of each notarial act which he or she performs and to maintain and protect the electronic journal at all times.
Section 37 also requires the recording to be kept for not less than 7 years.
Section 51 also provides that, except as otherwise provided by law, an electronic notary public is required to keep all required notarial records for a period of 7 years after the termination of the registration of the electronic notary public.
Section 51 of this bill requires an electronic notary public to keep an electronic journal of each notarial act which he or she performs and to maintain and protect the electronic journal at all times.
Section 51 also provides that, except as required notarial records for a period of 7 years after the termination of the registration of the electronic notary public.
relating to real property located in this State.ons concerning electronic documents Section 46.5 of this bill authorizes the Secretary of State to require a notary public who registers with the Secretary of State as an electronic notary public to complete an online course of study on electronic notarization.
Section 38.3 of this bill establishes provisions concerning electronic documents relating to real property located in this State.
Section 46.5 of this bill authorizes the Secretary of State to require a notary public who registers with the Secretary of State as an electronic notary public to complete an online course of study on electronic notarization.
Section 48 of this bill increases the amount of fees which an electronic notary public may charge for performing certain electronic notarial acts and authorizes an electronic notary public to charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in the electronic - *AB413_R4* – 3 – journal maintained by the electronic notary public.
Section 48 of this bill increases the amount of fees which an electronic notary electronic notary public to charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in the electronic journal maintained by the electronic notary public.
Section 48 also prohibits an electronic notary public who is an officer or employee of the State or a local notary public performs within the scope of such employment.ct that the electronic Sections 56-60 of this bill delete certain provisions of Assembly Bill No.
Section 48 also prohibits an electronic notary public who is an officer or employee of the State or a local government from charging a fee for an electronic notarial act that the electronic notary public performs within the scope of such employment.
476 of this session that are replaced with the provisions of sections 45, 46, 46.5, 51 and 52 of this bill, and section 61 of this bill provides that the provisions of this bill are intended to supersede any provisions of Assembly Bill No.
Sections 56-60 of this bill delete certain provisions of Assembly Bill No.
476 of this session that are replaced with the provisions of sections 45, 46, 46.5, 51 and of this bill, and section 61 of this bill provides that the provisions of this bill are intended to supersede any provisions of Assembly Bill No.
- 79th Session (2017) – 3 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
132.119 “Electronic will” means [a testamentary document that complies] an instrument, including, without limitation, a codicil, that is executed by a person in accordance with the requirements of NRS 133.085 [.] and which disposes of the property of the person upon or after his or her death.
132.119 “Electronic will” means [a testamentary document that complies] an instrument, including, without limitation, a codicil, that is executed by a person in accordance with the requirements of upon or after his or her death.ses of the property of the person Sec.
Sec.
- *AB413_R4* – 4 – (a) The declarations or affidavits of the attesting witnesses are incorporated as part of, attached to or logically associated with the electronic will, as described in NRS 133.050;
(a) The declarations or affidavits of the attesting witnesses are incorporated as part of, attached to or logically associated with the electronic will, as described in NRS 133.050;
and (c) Before being offered for probate or being reduced to a certified paper original that is offered for probate, the electronic will was at all times under the custody of a qualified custodian.
and - 79th Session (2017) – 4 – (c) Before being offered for probate or being reduced to a certified paper original that is offered for probate, the electronic will was at all times under the custody of a qualified custodian.
A declaration or affidavit of an attesting witness made pursuant to NRS 133.050 and an affidavit of a person made pursuant to section 15 of this act must be accepted by a court as if made before the court.
A declaration or affidavit of an attesting witness made pursuant to section 15 of this act must be accepted by a court as if made before the court.
and (c) An audio and video recording of the testator, attesting witnesses and notary public, as applicable, taken at the time the testator, each attesting witness and notary public, as applicable, placed his or her electronic signature on the electronic will, as required pursuant to paragraph (b) of subsection 1 of NRS 133.085.
and (c) An audio and video recording of the testator, attesting witnesses and notary public, as applicable, taken at the time the testator, each attesting witness and notary public, as applicable, required pursuant to paragraph (b) of subsection 1 ofnic will, as NRS 133.085.
- *AB413_R4* – 5 – Sec.
Sec.
(1) The testator or another person as directed by the written instructions of the testator;
- 79th Session (2017) – 5 – (1) The testator or another person as directed by the written instructions of the testator;
and (b) May, in the absolute discretion of the qualified custodian, destroy the electronic record at any time:
and destroy the electronic record at any time:the qualified custodian, (1) Five or more years after the admission of any will of the testator to probate;
(1) Five or more years after the admission of any will of the testator to probate;
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(b) If designating a successor qualified custodian:
(b) (1) Providing 30 days’ written notice that the qualified custodian has decided to cease serving in such a capacity to:
(1) Providing 30 days’ written notice that the qualified custodian has decided to cease serving in such a capacity to:
(I) That the qualified custodian ceasing to act in such a capacity is eligible to act as a qualified custodian in this State and is the qualified custodian designated by the testator in the - *AB413_R4* – 6 – electronic will or was designated to act in such a capacity by another qualified custodian pursuant to this paragraph;
(I) That the qualified custodian ceasing to act in such a capacity is eligible to act as a qualified custodian in this State and is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity by another qualified custodian pursuant to this paragraph;
(III) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created;
- 79th Session (2017) – 6 – (III) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created;
and (IV) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will.
and had custody of the electronic record since the execution of thee electronic will.
Except as otherwise provided in paragraph (a) of subsection 1 of section 13 of this act, a qualified custodian may not cease serving in such a capacity until a successor qualified custodian executes the written statement required by subsection 1.
Except as otherwise provided in paragraph (a) of not cease serving in such a capacity until a successor qualifiedy custodian executes the written statement required by subsection 1.
(2) That the qualified custodian is the qualified custodian designated by the testator in the electronic will or was designated - *AB413_R4* – 7 – to act in such a capacity pursuant to paragraph (b) of subsection 1 of section 13 of this act;
(2) That the qualified custodian is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity pursuant to paragraph (b) of subsection 1 of section 13 of this act;
(3) That an electronic record was created at the time the testator executed the electronic will;
- 79th Session (2017) – 7 – (3) That an electronic record was created at the time the testator executed the electronic will;
(4) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will, and has not been altered since the time it was created;
(4) That the electronic record has been in the custody of one or more qualified custodians since the execution of the created;ic will, and has not been altered since the time it was (5) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will;
(5) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will;
and (6) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.
and complete tangible manifestation of the electronic will.
2.
correct and 2.
and - *AB413_R4* – 8 – (b) Notarize any document relating to a will, codicil or testamentary trust.
and - 79th Session (2017) – 8 – (b) Notarize any document relating to a will, codicil or testamentary trust.
This section must be liberally construed and applied to promote the purposes of NRS 133.085 and sections 10 to 17, inclusive, of this act.
This section must be liberally construed and applied to promote the purposes of NRS 133.085 and sections 10 to 17, incSec.
Sec.
17.of 1.isFor purposes of this title, including, without limitation, any declaration or affidavit made by an attesting witness as described in NRS 133.050, for all purposes relating to the execution and filing of any document with the court in any proceeding relating to an electronic will and for purposes of executing a power of attorney pursuant to NRS 162A.220, an advance directive or any document relating to an advance directive:
17.
1.
For purposes of this title, including, without limitation, any declaration or affidavit made by an attesting witness as described in NRS 133.050, for all purposes relating to the execution and filing of any document with the court in any proceeding relating to an electronic will and for purposes of executing a power of attorney pursuant to NRS 162A.220, an advance directive or any document relating to an advance directive:
(e) Except as otherwise provided in subparagraph (3), regardless of the physical location of the person executing a document or of any witness, if a document is executed electronically, the document shall be deemed to be executed in this State and will be governed by the laws of this State and subject to the jurisdiction of the courts of this State if:
(e) Except as otherwise provided in subparagraph (3), document or of any witness, if a document is executedcuting a electronically, the document shall be deemed to be executed in this State and will be governed by the laws of this State and subject to the jurisdiction of the courts of this State if:
or (4) In the case of a self-proving electronic will, the electronic will designates a qualified custodian who, at the time of execution:
or - 79th Session (2017) – 9 – (4) In the case of a self-proving electronic will, the electronic will designates a qualified custodian who, at the time of execution:
- *AB413_R4* – 9 – (I) If a natural person, is domiciled in this State;
(I) If a natural person, is domiciled in this State;
The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court.
The sworn statement of any witness so taken court.e accepted by the court as if it had been taken before the 2.
2.
that the testator subscribed the will and declared it to be his or her last will and testament in their presence;
that the testator subscribed the will and declared it - 79th Session (2017) – 10 – to be his or her last will and testament in their presence;
that they thereafter subscribed the will as witnesses in the presence of the testator and in the presence of each other and at the request of the testator;
that presence of the testator and in the presence of each other and at the request of the testator;
and that the testator at the time - *AB413_R4* – 10 – of the execution of the will appeared to them to be of full age and of sound mind and memory.
and that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory.
4 ........................................................
........................................................
Affiant 9 Subscribed and sworn to before me this ......
Affiant Subscribed and sworn to before me this ......
If a testator or a witness signing an affidavit or declaration described in subsection 1 appears by means of audio-video communication, the form for the affidavit or declaration, as set forth in subsections 2 and 3, respectively, must be modified to indicate that fact.
If a testator or a witness signing an affidavit or declaration communication, the form for the affidavit or declaration, as set forth in subsections 2 and 3, respectively, must be modified to indicate that fact.
Sec.
- 79th Session (2017) – 11 – Sec.
and (b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one of the following:
and and which includes, without limitation, at least one of the following:
- *AB413_R4* – 11 – (1) An authentication characteristic of the testator;
(1) An authentication characteristic of the testator;
[An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of this State.
[An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of effect as if formally executed.is valid and has the same force and 4.
An electronic will is valid and has the same force and effect as if formally executed.
4.
4.
- 79th Session (2017) – 12 – 4.
(a) “Authentication characteristic” means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person.
(a) “Authentication characteristic” means a characteristic of a measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person.
Such a characteristic may consist of a fingerprint, a retinal scan, voice - *AB413_R4* – 12 – recognition, facial recognition, video recording, a digitized signature or other commercially reasonable authentication using a unique characteristic of the person.
Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, video recording, a digitized signature or other commercially reasonable authentication using a unique characteristic of the person.
(a) Another will, codicil, electronic will or other writing, executed as prescribed in this chapter;
executed as prescribed in this chapter;
or (b) Cancelling, rendering unreadable or obliterating the will with the intention of revoking it, by:
orill or other writing, (b) Cancelling, rendering unreadable or obliterating the will with the intention of revoking it, by:
An electronic will executed or deemed to be executed in or pursuant to the laws of this State may be proved [by authentication satisfactory to the court.] and letters granted in the county in which the decedent was a resident at the time of his or her death or the domicile or registered office of the qualified custodian exists.
An electronic will executed or deemed to be executed in or pursuant to the laws of this State may be proved [by - 79th Session (2017) – 13 – authentication satisfactory to the court.] and letters granted in the county in which the decedent was a resident at the time of his or her death or the domicile or registered office of the qualified custodian exists.
2.
offered for and admitted to probate in the same manner as if it were a will executed in accordance with NRS 133.040.
A certified paper original of an electronic will may be offered for and admitted to probate in the same manner as if it were a will executed in accordance with NRS 133.040.
A certified paper original of an electronic will that is self- proving pursuant to section 10 of this act is presumed to be valid - *AB413_R4* – 13 – and, absent any objection, must be admitted to probate expeditiously without requiring any further proof of validity.
A certified paper original of an electronic will that is self- proving pursuant to section 10 of this act is presumed to be valid and, absent any objection, must be admitted to probate expeditiously without requiring any further proof of validity.
5.
administration of a trust.etermined by a court to be relevant to the Sec.
Matters that are determined by a court to be relevant to the administration of a trust.
Sec.
163.00185 “Trust instrument” means a will, trust agreement, declaration, or other instrument , including, without limitation, an electronic trust, that creates or defines the duties and powers of a trustee and shall include a court order or any instrument that modifies a trust instrument or, in effect, alters the duties and powers of a trustee or other terms of a trust instrument.
163.00185 “Trust instrument” means a will, trust agreement, declaration, or other instrument , including, without limitation, an electronic trust, that creates or defines the duties and powers of a - 79th Session (2017) – 14 – trustee and shall include a court order or any instrument that modifies a trust instrument or, in effect, alters the duties and powers of a trustee or other terms of a trust instrument.
163.0095 1.
An electronic trust is a trust instrument that:
- *AB413_R4* – 14 – (c) Includes, without limitation, an authentication method which is attached to or logically associated with the trust instrument to identify the settlor or is electronically notarized in accordance with all applicable provisions of law;
(c) Includes, without limitation, an authentication method which is attached to or logically associated with the trust instrument to identify the settlor or is electronically notarized in accordance with all applicable provisions of law;
3.
of a notarial act performed by an electronic notary public must bety determined by applying the laws of the jurisdiction in which the electronic notary public is commissioned or appointed.
Notwithstanding the provisions of subsection 2, the validity of a notarial act performed by an electronic notary public must be determined by applying the laws of the jurisdiction in which the electronic notary public is commissioned or appointed.
(c) “Public key” has the meaning ascribed to it in NRS 720.110.
- 79th Session (2017) – 15 – (c) “Public key” has the meaning ascribed to it in NRS 720.110.
“Credential” means a tangible record evidencing the identity of a person.
“Credential” means a tangible record evidencing the ideSec.
- *AB413_R4* – 15 – Sec.
“Dynamic knowledge-based authentication assessment” means an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer and that meets any rules or regulations adopted by the Secretary of State.
a “Dynamic knowledge-based authentication assessment” means an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer and that meets any rules or regulations adopted by the Secretary of State.
(a) The technology used must allow the persons communicating to see and speak to each other simultaneously;
- 79th Session (2017) – 16 – (a) The technology used must allow the persons communicating to see and speak to each other simultaneously;
and (c) The electronic notarial act must be recorded in accordance with section 37 of this act.
and (c) The electronic notarial act must be recorded in accordance witSec.
Sec.
36.n 31.ofAn electronic notary public may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and sections to 38.7, inclusive, of this act and any rules or regulations adopted by the Secretary of State for a person who is physically located:
36.
1.
An electronic notary public may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act and any rules or regulations adopted by the Secretary of State for a person who is physically located:
- *AB413_R4* – 16 – (1) The electronic notary public has no actual knowledge of the electronic notarial act being prohibited in the jurisdiction in which the person is physically located;
(1) The electronic notary public has no actual knowledge of the electronic notarial act being prohibited in the jurisdiction in which the person is physically located;
An electronic notary public who is registered with the Secretary of State pursuant to NRS 240.192 may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act and any rules or regulations adopted by the Secretary of State if the electronic notary public is physically present in this State at the time of performing the electronic notarial act, regardless of whether the person who placed the electronic signature on the electronic document is physically located in another jurisdiction at the time of the electronic notarial act.
An electronic notary public who is registered with the electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and sections to 38.7, inclusive, of this act and any rules or regulations adopted by the Secretary of State if the electronic notary public is physically present in this State at the time of performing the electronic notarial act, regardless of whether the person who placed the electronic signature on the electronic document is physically located in another jurisdiction at the time of the electronic notarial act.
Before performing any electronic notarial act using audio-video communication, the electronic notary public must inform all participating persons that the electronic notarization will be electronically recorded.
Before performing any electronic notarial act using audio-video communication, the - 79th Session (2017) – 17 – electronic notary public must inform all participating persons that the electronic notarization will be electronically recorded.
If the person for whom the electronic notarial act is being performed is identified by personal knowledge, the recording of the electronic notarial act must include an explanation by the electronic notary public as to how he or she knows the person and how long he or she has known the person.
If the person for whom the electronic notarial act is being performed is identified by personal knowledge, the recording of electronic notary public as to how he or she knows the person and how long he or she has known the person.
and - *AB413_R4* – 17 – (2) An explanation by the credible witness as to how he or she knows the person for whom the electronic notarial act is being performed and how long he or she has known the person.
and (2) An explanation by the credible witness as to how he or she knows the person for whom the electronic notarial act is being performed and how long he or she has known the person.
(b) Each of the following:
(b)(1) Remote presentation by the person of a government- issued identification credential that contains a photograph and the signature of the person;
(1) Remote presentation by the person of a government- issued identification credential that contains a photograph and the signature of the person;
(b) “Credential analysis” means a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government-issued identification credential or any data thereon through the review of data sources.
- 79th Session (2017) – 18 – (b) “Credential analysis” means a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government-issued identification credential or any data thereon thr(c) “Remote presentation” means the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis.
(c) “Remote presentation” means the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis.
If an electronic document relating to real property located in this State contains an electronic acknowledgment, notwithstanding any omission or error in the certificate of acknowledgment or failure of the document to show an acknowledgment in compliance with applicable law, upon the document being recorded with the county recorder of the county in - *AB413_R4* – 18 – which the real property is located or filed with the Secretary of State:
If an electronic document relating to real property located in this State contains an electronic acknowledgment, notwithstanding any omission or error in the certificate of acknowledgment or failure of the document to show an acknowledgment in compliance with applicable law, upon the document being recorded with the county recorder of the county in which the real property is located or filed with the Secretary of State:
For the purposes of this section, a document is deemed to comply with all applicable requirements upon the acceptance for recording by the county recorder of the county in which the real property is located or the filing of the document with the Secretary of State, as required by law.
For the purposes of this section, a document is deemed to comply with all applicable requirements upon the acceptance for recording by the county recorder of the county in which the real of State, as required by law.ling of the document with the Secretary Sec.
Sec.
3.
- 79th Session (2017) – 19 – 3.
If a notary public registers and performs the functions of an electronic notary public without first completing any required course of study on electronic notarization pursuant to subsection 2, he or she must complete the required course of study and pass any required examination within 120 days after the course of study is first offered by the Secretary of State or a vendor approved by the Secretary of State.
If a notary public registers and performs the functions of an electronic notary public without first completing any required course of study on electronic notarization pursuant to subsection 2, he or she must complete the required course of study and pass study is first offered by the Secretary of State or a vendor approved by the Secretary of State.
- *AB413_R4* – 19 – Sec.
Sec.
Performing such other duties as may be prescribed by a specific statute.
Performing such other duties as may be prescribed by a speSec.
Sec.
41.atuNRS 240.186 is hereby amended to read as follows:
41.
NRS 240.186 is hereby amended to read as follows:
Sec.
- 79th Session (2017) – 20 – Sec.
240.189 An electronic notary public shall comply with those provisions of NRS 240.001 to 240.169, inclusive, which are not inconsistent with NRS 240.181 to 240.206, inclusive [.] , and sections 30 to 38.7, inclusive, of this act.
240.189 An electronic notary public shall comply with those provisions of NRS 240.001 to 240.169, inclusive, which are not inconsistent with NRS 240.181 to 240.206, inclusive [.] , and provisions of NRS 240.001 to 240.169, inclusive, conflict with thee provisions of NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act, the provisions of NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act control.
To the extent that the provisions of NRS 240.001 to 240.169, inclusive, conflict with the provisions of NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act, the provisions of NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act control.
- *AB413_R4* – 20 – (b) Submit [an application for appointment] a registration as an electronic notary public that contains a substantial and material misstatement or omission of fact.
(b) Submit [an application for appointment] a registration as an electronic notary public that contains a substantial and material misstatement or omission of fact.
The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection [4.] 1.
The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subSec.
Sec.
45.[4.NRS 240.192 is hereby amended to read as follows:
45.
NRS 240.192 is hereby amended to read as follows:
(c) Pay to the Secretary of State [an application] a registration fee of $50 [;] , which is in addition to the application fee required pursuant to NRS 240.030 to be a notarial officer in this State;
- 79th Session (2017) – 21 – (c) Pay to the Secretary of State [an application] a registration fee of $50 [;] , which is in addition to the application fee required pursuant to NRS 240.030 to be a notarial officer in this State;
and (d) [Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if the applicant were a public officer;
and (d) [Take and subscribe to the oath set forth in Section 2 of applicant were a public officer;f the State of Nevada as if the (e)] Submit to the Secretary of State with the registration proof satisfactory to the Secretary of State that the [applicant] registrant has [successfully] :
(e)] Submit to the Secretary of State with the registration proof satisfactory to the Secretary of State that the [applicant] registrant has [successfully] :
[The application for an appointment] Unless the Secretary of State establishes a different process for submitting a registration as an electronic notary public, the registration as an electronic notary public must be submitted as an electronic document by electronic mail to nvnotary@sos.nv.gov or, if another electronic mail address is designated by the Secretary of State, to - *AB413_R4* – 21 – such other designated electronic mail address, and must contain, without limitation, the following information:
[The application for an appointment] Unless the Secretary of State establishes a different process for submitting a registration as an electronic notary public, the registration as an electronic notary public must be submitted as an electronic document by electronic mail to nvnotary@sos.nv.gov or, if another electronic mail address is designated by the Secretary of State, to such other designated electronic mail address, and must contain, wit(a) [The applicant’s full legal name, and the name to be used for appointment, if different.] All information required to be included in an application for appointment as a notary public pursuant to NRS 240.030.
(a) [The applicant’s full legal name, and the name to be used for appointment, if different.] All information required to be included in an application for appointment as a notary public pursuant to NRS 240.030.
3.
- 79th Session (2017) – 22 – 3.
(a) An affidavit setting forth the adjoining state in which the applicant resides, the applicant’s mailing address and the address of the applicant’s place of business or employment that is located within the State of Nevada;
applicant resides, the applicant’s mailing address and the address of the applicant’s place of business or employment that is located within the State of Nevada;
The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when the applicant applies for appointment or, if the applicant is a resident of an adjoining state, with the clerk of the - *AB413_R4* – 22 – county in this State in which the applicant maintains a place of business or is employed.
The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when the applicant applies for appointment or, if the county in this State in which the applicant maintains a place of the business or is employed.
7.
- 79th Session (2017) – 23 – 7.
If the electronic notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the electronic notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.] Unless the Secretary of State establishes a different process for the payment of the registration fee required pursuant to paragraph (c) of subsection 1, the registration fee must be paid by check or draft, made payable to the Secretary of State and transmitted to the Office of the Secretary of State.
If the electronic notary public does not receive an provide a duplicate certificate of appointment without charge if the electronic notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.] Unless the Secretary of State establishes a different process for the payment of the registration fee required pursuant to paragraph (c) of subsection 1, the registration fee must be paid by check or draft, made payable to the Secretary of State and transmitted to the Office of the Secretary of State.
If the [appointment] registration of an electronic notary public has expired or been revoked or suspended, the Secretary of State shall immediately notify the electronic notary public in writing that his or - *AB413_R4* – 23 – her [appointment] registration as an electronic notary public will be suspended by operation of law until he or she is appointed as a notary public in this State.
If the expired or been revoked or suspended, the Secretary of State shall immediately notify the electronic notary public in writing that his or her [appointment] registration as an electronic notary public will be suspended by operation of law until he or she is appointed as a notary public in this State.
and (b) A fee of $10.
and - 79th Session (2017) – 24 – (b) A fee of $10.
In addition to any courses of study a notary public is required to complete pursuant to NRS 240.018, the Secretary of State may, by rule or regulation, require a notary public who registers with the Secretary of State as an electronic notary public pursuant to NRS 240.192 to complete an additional course of study on electronic notarization in accordance with this section.
In addition to any courses of study a notary public is required to complete pursuant to NRS 240.018, the public who registers with the Secretary of State as an electronic notary public pursuant to NRS 240.192 to complete an additional course of study on electronic notarization in accordance with this section.
A course of study required to be completed pursuant to subsection 1 must:
A course of study required to be completed pursuant to sub(a) [Include at least] Be taken online and be of a duration of not more than 3 hours [of instruction;] , including instruction and completion of an examination of the course content;
(a) [Include at least] Be taken online and be of a duration of not more than 3 hours [of instruction;] , including instruction and completion of an examination of the course content;
(b) Provide instruction in electronic notarization, including, without limitation, notarial law and ethics, technology and procedures;
- *AB413_R4* – 24 – (b) Provide instruction in electronic notarization, including, without limitation, notarial law and ethics, technology and procedures;
and (b) Charge] , charge a reasonable fee to each person who enrolls in such a course of study.
and - 79th Session (2017) – 25 – (b) Charge] , charge a reasonable fee to each person who enrolls in such a course of study.
(a) Must satisfy the criteria set forth in subsection [3] 4 and comply with [the] any requirements set forth in the regulations adopted pursuant to NRS 240.206 [.] relating to courses of study on electronic notarization.
(a) Must satisfy the criteria set forth in subsection [3] 4 and adopted pursuant to NRS 240.206 [.] relating to courses of study on electronic notarization.
(a)] (1) For taking an acknowledgment, for each signature..............................................................................
signature..............................................................................
[$10] $25 - *AB413_R4* – 25 – [2.] (b) An electronic notary public shall not charge a fee to perform [a service] an electronic notarial act unless he or she is authorized to charge a fee for such [a service] an electronic notarial act pursuant to this section.
[$10] $25 [2.] (b) An electronic notary public shall not charge a fee to perform [a service] an electronic notarial act unless he or she is authorized to charge a fee for such [a service] an electronic notarial act pursuant to this section.
[(b)] (2) The electronic notary public explains to the person requesting the electronic notarial act that the fee for travel is in addition to the fee authorized in [subsection 1] paragraph (a) and is not required by law;
- 79th Session (2017) – 26 – [(b)] (2) The electronic notary public explains to the person requesting the electronic notarial act that the fee for travel is in addition to the fee authorized in [subsection 1] paragraph (a) and is not required by law;
[(c)] (3) The person requesting the electronic notarial act agrees in advance upon the hourly rate that the electronic notary public will charge for the additional fee for travel;
in advance upon the hourly rate that the electronic notary public will charge for the additional fee for travel;
[6.] (f) For each additional fee for travel that an electronic notary public charges pursuant to [subsection 4,] paragraph (d), the electronic notary public shall enter in the electronic journal that he or she keeps pursuant to NRS 240.201:
notary public charges pursuant to [subsection 4,] paragraph (d), the electronic notary public shall enter in the electronic journal that he or she keeps pursuant to NRS 240.201:
- *AB413_R4* – 26 – [7.] (g) An electronic notary public may charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in an electronic journal maintained pursuant to NRS 240.201.
[7.] (g) An electronic notary public may charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in an electronic journal maintained pursuant to NRS 240.201.
Such a person shall not require the electronic notary public whom the person employs to surrender to the person all or part of a fee charged by the electronic notary public for an electronic notarial act performed outside the scope of the employment of the electronic notary public.
Such a person shall not require - 79th Session (2017) – 27 – the electronic notary public whom the person employs to surrender to the person all or part of a fee charged by the electronic notary public for an electronic notarial act performed outside the scope of the employment of the electronic notary public.
3.
of the State or a local government shall not charge a fee for ane electronic notarial act that the electronic notary public performs within the scope of such employment.
An electronic notary public who is an officer or employee of the State or a local government shall not charge a fee for an electronic notarial act that the electronic notary public performs within the scope of such employment.
[An electronic notary public shall not electronically notarize any electronic document related to the following:
[An electronic notary public shall not electronically notarize any(a) A will, codicil or testamentary trust;
(a) A will, codicil or testamentary trust;
- *AB413_R4* – 27 – 4.
4.
Sec.
- 79th Session (2017) – 28 – Sec.
An electronic notarial act must be evidenced by the following, which must be attached to or logically associated with the electronic document that is the subject of the electronic notarial act and which must be immediately perceptible and reproducible:
An electronic notarial act must be evidenced by the following, which must be attached to or logically associated with the electronic document that is the subject of the electronic notarial act[1.] (a) The electronic signature of the electronic notary public;
[1.] (a) The electronic signature of the electronic notary public;
(b) Maintain and protect the electronic journal at all times under his or her sole control;
(b) Maintain and protect the electronic journal at all times und(c) Provide for lawful inspection and copying of the electronic journal.
and (c) Provide for lawful inspection and copying of the electronic journal.
and - *AB413_R4* – 28 – (b) Be capable of providing tangible or electronic copies of any entry made therein.
and (b) Be capable of providing tangible or electronic copies of any entry made therein.
6.
- 79th Session (2017) – 29 – 6.
[3.] 7.
of [an appointment] a registration as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act must , except as otherwise provided by law, be [delivered to the Secretary of State.] kept by the electronic notary public for a period of 7 years after the termination of the registration of the electronic notary public.
Upon [resignation,] surrender, revocation or expiration of [an appointment] a registration as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act must , except as otherwise provided by law, be [delivered to the Secretary of State.] kept by the electronic notary public for a period of 7 years after the termination of the registration of the electronic notary public.
(b) An electronic notary public shall not permit his or her electronic signature or electronic seal to be used by any other person.
(b) An electronic notary public shall not permit his or her electronic signature or electronic seal to be used by any other per(c) An electronic notary public shall not surrender or destroy his or her notarial records except as otherwise required by the order of a court or as allowed pursuant to NRS 240.001 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act or any regulations adopted pursuant thereto.
(c) An electronic notary public shall not surrender or destroy his or her notarial records except as otherwise required by the order of a court or as allowed pursuant to NRS 240.001 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act or any regulations adopted pursuant thereto.
and (2) Notify the Secretary of State and the entity from which the electronic notary public obtained the electronic signature or electronic seal in writing, including, without limitation, a signature - *AB413_R4* – 29 – using the name [on the certificate of appointment issued] under which the electronic notary public is registered pursuant to [subsection 5 of] NRS 240.192.
and (2) Notify the Secretary of State and the entity from which the electronic notary public obtained the electronic signature or electronic seal in writing, including, without limitation, a signature - 79th Session (2017) – 30 – using the name [on the certificate of appointment issued] under which the electronic notary public is registered pursuant to [subsection 5 of] NRS 240.192.
An electronic notary public shall take reasonable steps to maintain the technology or device used to create his or her electronic signature, and to ensure that the technology or device has not been recalled, revoked, terminated or otherwise rendered ineffective or unsecure by the entity that created the technology or device.
An electronic notary public shall take reasonable steps to electronic signature, and to ensure that the technology or device has not been recalled, revoked, terminated or otherwise rendered ineffective or unsecure by the entity that created the technology or device.
and (b) Erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature.
and technology or device used to create his or her electronic signature.
A former electronic notary public whose previous [appointment] registration as an electronic notary public was not revoked and whose previous [application for appointment] registration as an electronic notary public was not denied is not required to erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature if the former electronic notary public renews his or her [appointment,] registration, using the same electronic signature, within 3 months after the expiration of his or her previous [appointment] registration as an electronic notary public.
A former electronic notary public whose previous [appointment] registration as an electronic notary public was not revoked and whose previous [application for appointment] registration as an electronic notary public was not denied is not required to erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature if the former electronic notary public renews his or her [appointment,] registration, using the same electronic signature, within 3 months - 79th Session (2017) – 31 – after the expiration of his or her previous [appointment] registration as an electronic notary public.
- *AB413_R4* – 30 – Sec.
Sec.
A person who knowingly creates, manufactures or distributes software or hardware for the purpose of allowing a person to act as an electronic notary public without being [appointed] registered in accordance with NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act is guilty of a gross misdemeanor.
A person who knowingly creates, manufactures or person to act as an electronic notary public without beingng a [appointed] registered in accordance with NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act is guilty of a gross misdemeanor.
The provisions of this chapter apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection 2 to the extent it is governed by a law other than those specified in subsection 2.
The provisions of this chapter apply to an electronic record this chapter under subsection 2 to the extent it is governed by a law other than those specified in subsection 2.
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 79th Session (2017) – 32 – Sec.
(Deleted by amendment.) - *AB413_R4* – 31 – Sec.
(Deleted by amendment.) Sec.
Sec.
this act become effective upon passage and approval.0, inclusive, of 2.
63.
Sections 1 to 28, inclusive, and 61 of this act become effective on July 1, 2017.
1.
3.
This section and sections 56 to 60, inclusive, of this act become effective upon passage and approval.
Sections 29 to 55, inclusive, and 62 of this act become effective:
2.
Sections 1 to 28, inclusive, and 61 of this act become eff3.tiSections 29 to 55, inclusive, and 62 of this act become effective:
TEXT OF REPEALED SECTION 240.193 Requirements for bond;
~~~~~ 17 - 79th Session (2017)
notification of exhaustion of penal sum;
release of surety;
suspension of appointment;
reinstatement of appointment.
1.
The bond required to be filed pursuant to NRS 240.192 must public as principal and by a surety company qualified andc notary authorized to do business in this State.
The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to a person determined to have suffered damage as a result of an act by the electronic notary public which violates a provision of NRS 240.001 to 240.206, inclusive.
The surety company shall pay a final, nonappealable judgment of a court of this State that has jurisdiction, upon receipt of written notice of final judgment.
The bond may be continuous, but regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.
2.
If the penal sum of the bond is exhausted, the surety company shall notify the Secretary of State in writing within 30 days after its exhaustion.
3.
The surety bond must cover the period of the appointment of the electronic notary public, except when a surety is released.
- *AB413_R4* – 32 – 4.
A surety on a bond filed pursuant to NRS 240.192 may be released after the surety gives 30 days’ written notice to the Secretary of State and the electronic notary public, but the release does not discharge or otherwise affect a claim filed by a person for damage resulting from an act of the electronic notary public which is alleged to have occurred while the bond was in effect.
5.
The appointment of an electronic notary public is suspended by operation of law when the electronic notary public is no longer covered by a surety bond as required by this section and NRS 240.192 or the penal sum of the bond is exhausted.
If the Secretary be released or pursuant to subsection 2 that the penal sum of theill bond is exhausted, the Secretary of State shall immediately notify the electronic notary public in writing that his or her appointment will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
6.
The Secretary of State may reinstate the appointment of an electronic notary public whose appointment has been suspended pursuant to subsection 5 if the electronic notary public, before his or her current term of appointment expires:
(a) Submits to the Secretary of State:
(1) An application for an amended certificate of appointment as an e(2) A certificate issued by the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, the county in this State in which the applicant maintains a place of business or is employed, which indicates that the applicant filed a new surety bond with the clerk;
and (b) Pays to the Secretary of State a fee of $10.
H - *AB413_R4*
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Action History

  1. Approved by the Governor. Chapter 511.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment Nos. 1137 and 1148 concurred in. To enrollment.

  4. In Assembly.

  5. From printer. To re-engrossment. Re-engrossed. Fourth reprint . To Assembly.

  6. To printer.

  7. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: None, Excused: 1.)

  8. Reprinting dispensed with.

  9. Read third time. Amended. (Amend. No. 1148.)

  10. Taken from Secretary's desk. Placed on General File.

  11. From printer. To re-engrossment. Re-engrossed. Third reprint . To Secretary's desk.

  12. To printer.

  13. Taken from General File. Placed on Secretary's desk.

  14. Read second time. Amended. (Amend. No. 1137.)

  15. Placed on Second Reading File.

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

  17. Read first time. Referred to Committee on Judiciary. To committee.

  18. In Senate.

  19. To Senate.

  20. From printer. To reengrossment. Reengrossed. Second reprint .

  21. To printer.

  22. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: 1.)

  23. Dispensed with reprinting.

  24. Read third time. Amended. (Amend. No. 1041.)

  25. Placed on General File.

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

  27. From printer. To engrossment. Engrossed. First reprint . To committee.

  28. Read second time. Amended. (Amend. No. 415.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  29. Placed on Second Reading File.

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

  31. Notice of eligibility for exemption.

  32. From printer. To committee.

  33. Read first time. Referred to Committee on Judiciary. 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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