Nevada 2019 Regular Session Status: Enacted

AB 65 — Revises provisions relating to notaries public. (BDR 19-472)

Last action — Approved by the Governor. Chapter 5.

  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 November 19, 2018. 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.

Summary

AN ACT relating to notaries public; revising provisions related to certain fees charged by a notary public and electronic notary; revising provisions related to the authentication of certain notarized documents by the Secretary of State; revising the requirements to register as an electronic notary; revising the certificate of acknowledgment of a notary public on the form required to request to nominate a court-appointed guardian; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

357 added · 380 removed

357 line(s) added, 380 removed.

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(Reprinted with amendments adopted on April 15, 2019) FIRST REPRINT A.B.
Assembly Bill No.
65 ASSEMBLY BILL NO .
65–Committee on Government Affairs CHAPTER..........
65–COMMITTEE ON GOVERNMENT A FFAIRS (ON B EHALF OF THE S ECRETARY OF STATE ) PREFILED N OVEMBER 19, 2018 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to notaries public.
(BDR 19-472) 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.
Existing law requires that an oath or affirmation administered by a notarial 240.1655) Sections 1 and 4 of this bill eliminate obsolete language that refers toS fees that a notary public or an electronic notary may charge to administer an oath or affirmation without a signature.
Existing law requires that an oath or affirmation administered by a notarial officer must be signed by the affiant in the presence of the notarial officer.
(NRS fees that a notary public or an electronic notary may charge to administer an oath or affirmation without a signature.
(NRS 240.1657) Section 2 of this bill eliminates this requirement and provides that notarial officer on a document intended for use in a foreign country.
(NRS 240.1657) Section 2 of this bill eliminates this requirement and provides that the Secretary of State is only required to authenticate the signature and office of a notarial officer on a document intended for use in a foreign country.
and office of a Under existing law, a person must be a notarial officer in this State for not less than 4 years to register as an electronic notary public.
than 4 years to register as an electronic notary public.
(NRS 240.192) Section 3 of this bill eliminates this requirement and authorizes the Secretary of State to establish a process for a person to submit an application to register as an electronic notary public simultaneously with an application for appointment as a notary public.
(NRS 240.192) Section 3 ofess this bill eliminates this requirement and authorizes the Secretary of State to establish a process for a person to submit an application to register as an electronic notary public simultaneously with an application for appointment as a notary public.
- *AB65_R1* – 2 – Under current law, a person may nominate another person to be his or her appointed guardian by completing a notarized form witnessed by two persons.
Under current law, a person may nominate another person to be his or her appointed guardian by completing a notarized form witnessed by two persons.
(NRS 159.0753) Section 5 of this bill eliminates the requirement that the certificate of acknowledgment of notary public used on this form include language indicating the notarial officer declares under penalty of perjury that the persons whose names fraud or undue influence.ument appear to be of sound mind and under no duress, THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
of acknowledgment of notary public used on this form include language indicatingicate the notarial officer declares under penalty of perjury that the persons whose names are subscribed to the document appear to be of sound mind and under no duress, fraud or undue influence.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- 80th Session (2019) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
5 For taking an acknowledgment, for the first signature of each signer .............................................................$5.00 For each additional signature of each signer.....................2.50 For administering an oath or affirmation [without a signature]......................................................................2.50 For a certified copy............................................................2.50 For a jurat, for each signature on the affidavit ..................5.00 For performing a marriage ceremony..............................75.00 2.
For taking an acknowledgment, for the first signature of each signer .............................................................$5.00 For each additional signature of each signer.....................2.50 For administering an oath or affirmation [without a signature]......................................................................2.50 For a certified copy............................................................2.50 For a jurat, for each signature on the affidavit ..................5.00 For performing a marriage ceremony..............................75.00 2.
(c) The person requesting the notarial act agrees in advance upon the hourly rate that the notary public will charge for the additional fee;
(c) The person requesting the notarial act agrees in advance additional fee;
and (d) The additional fee does not exceed:
ande that the notary public will charge for the (d) The additional fee does not exceed:
- *AB65_R1* – 3 – 4.
4.
(a) The person requesting the notarial act cancels the request after the notary public begins his or her travel to perform the requested notarial act.
- 80th Session (2019) – 3 – (a) The person requesting the notarial act cancels the request after the notary public begins his or her travel to perform the requested notarial act.
For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the notary public shall enter in the journal that he or she keeps pursuant to NRS 240.120:
For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the to NRS 240.120:hall enter in the journal that he or she keeps pursuant (a) The amount of the fee;
(a) The amount of the fee;
Such a person shall not require the notary public whom the person employs to surrender to the person all or part of a fee charged by the notary public for a notarial act performed outside the scope of the empSec.
Such a person shall not require the notary public whom the person employs to surrender to the person all or part of a fee charged by the notary public for a notarial act performed outside the scope of the employment of the notary public.
Sec.
ofNRS 240.1657 is hereby amended to read as follows:
NRS 240.1657 is hereby amended to read as follows:
Except as otherwise provided in subsection 2, $20, issue an authentication to verify that the signature of theof notarial officer on a document intended for use in a foreign country is genuine and that the notarial officer holds the office indicated on the document.
Except as otherwise provided in subsection 2, the Secretary of State shall, upon request and payment of a fee of $20, issue an authentication to verify that the signature of the notarial officer on a document intended for use in a foreign country is genuine and that the notarial officer holds the office indicated on the document.
(a) Is intended for use in a foreign country that is a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue an apostille in the form prescribed by the Hague Convention of October 5, 1961.
(a) Is intended for use in a foreign country that is a participant in must issue an apostille in the form prescribed by the Haguetate Convention of October 5, 1961.
(b) The Secretary of State has reasonable cause to believe that the document may be used to accomplish any fraudulent, criminal or other unlawful purpose;
- 80th Session (2019) – 4 – (b) The Secretary of State has reasonable cause to believe that the document may be used to accomplish any fraudulent, criminal or other unlawful purpose;
or - *AB65_R1* – 4 – (c) The request to issue an authentication does not include a statement, in the form prescribed by the Secretary of State and signed under penalty of perjury, that the document for which the authentication is requested will not be used to:
or (c) The request to issue an authentication does not include a statement, in the form prescribed by the Secretary of State and signed under penalty of perjury, that the document for which the authentication is requested will not be used to:
or (2) Accomplish any fraudulent, criminal or other unlawful purpose.
or (2) Accomplish any fraudulent, criminal or other unlawful pur3.se.No civil action may be brought against the Secretary of State on the basis that:
3.
No civil action may be brought against the Secretary of State on the basis that:
or (b) Accomplish any fraudulent, criminal or other unlawful purpose, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be 5.
or (b) Accomplish any fraudulent, criminal or other unlawful purpose, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.
5.
240.192 1.NRS [Each]2 iExceptby asendotherwised providedws:in subsection 5, each person registering as an electronic notary public must:
240.192 1.NRS 2[Each] is Except amasdedotherwiseas fprovided in subsection 5, each person registering as an electronic notary public must:
Show all 83 changed rows (43 more)
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(b) Register with the Secretary of State by submitting an electronic registration pursuant to subsection 2;
- 80th Session (2019) – 5 – (b) Register with the Secretary of State by submitting an electronic registration pursuant to subsection 2;
and - *AB65_R1* – 5 – (2) Complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033.
and oath and filing a bond set forth in NRS 240.030 and 240.033.ng an 2.
2.
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.
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 transmitted to the Office of the Secretary of State.te and 4.
4.
[Registration] Except as otherwise provided in subsection 5, registration as an electronic notary public shall be deemed effective upon the payment of the registration fee required pursuant to paragraph (c) of subsection 1 if the registrant has satisfied all other applicable requirements.
[Registration] Except as otherwise provided in subsection 5, upon the payment of the registration fee required pursuant toffective paragraph (c) of subsection 1 if the registrant has satisfied all other app5.cabThe Secretary of State may establish a process for a person to simultaneously apply for appointment as a notary public and register as an electronic notary public.
5.
The Secretary of State may establish a process for a person to simultaneously apply for appointment as a notary public and register as an electronic notary public.
(a) The requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033 and with all other applicable notarial requirements set forth in this chapter;
- 80th Session (2019) – 6 – (a) The requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033 and with all other applicable notarial requirements set forth in this chapter;
(1) For taking an acknowledgment, for each signature.....$25 (2) For executing a jurat, for each signature......................$25 (3) For administering an oath or affirmation [without a signature] ......................................................................................$25 - *AB65_R1* – 6 – (b) An electronic notary public shall not charge a fee to perform an electronic notarial act unless he or she is authorized to charge a fee for such an electronic notarial act pursuant to this section.
(1) For taking an acknowledgment, for each signature.....$25 (3) For administering an oath or affirmation [without a............$25 signature] ......................................................................................$25 (b) An electronic notary public shall not charge a fee to perform an electronic notarial act unless he or she is authorized to charge a fee for such an electronic notarial act pursuant to this section.
(I) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 6 a.m.
the electronic notary public to travel between the hours of 6 a.m.
and 7 p.m., $10 per hour.
asks and 7 p.m., $10 per hour.
for such travel and shall charge on a pro rata basis after the first 2 hours.
The electronic notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours.
of the additional fee for travel agreed to in advance by the person requesting the electronic notarial act pursuant to paragraph (d) if:
(e) An electronic notary public is entitled to charge the amount of the additional fee for travel agreed to in advance by the person requesting the electronic notarial act pursuant to paragraph (d) if:
(1) The person requesting the electronic notarial act cancels the request after the electronic notary public begins traveling to perform the requested electronic notarial act.
- 80th Session (2019) – 7 – (1) The person requesting the electronic notarial act cancels the request after the electronic notary public begins traveling to perform the requested electronic notarial act.
(f) For each additional fee for travel that an electronic notary public charges pursuant to paragraph (d), the electronic notary public shall enter in the electronic journal that he or she keeps pursuant to NRS 240.201:
(f) For each additional fee for travel that an electronic notary public charges pursuant to paragraph (d), the electronic notary pursuant to NRS 240.201:e electronic journal that he or she keeps (1) The amount of the fee;
(1) The amount of the fee;
(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 - *AB65_R1* – 7 – audio-video communication in an electronic journal maintained pursuant to NRS 240.201.
(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.
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 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 wit4.
4.
2.
A form requesting to nominate a guardian must be:
(b) Signed by two impartial adult witnesses who have no to nominate a guardian and who attest that the person has the mentalting capacity to understand and execute the form;
(b) Signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the person requesting - 80th Session (2019) – 8 – to nominate a guardian and who attest that the person has the mental capacity to understand and execute the form;
REQUEST TO NOMINATE GUARDIAN I, ....................
REQUEST TO NOMINATE GUARDIAN (insert your address), am executing this notarized document...................
(insert your name), residing at ...................
as my written declaration and request for the person(s) designated below to be appointed as my guardian should it become necessary.
(insert your address), am executing this notarized document as my written declaration and request for the person(s) designated below to be appointed as my guardian should it become necessary.
- *AB65_R1* – 8 – 2.
2.
(insert name), serve as my appointed guardian.
(insert name), ser6.
6.
asI do not, under any circumstances, desire to have any private, for-profit guardian serve as my appointed guardian.
I do not, under any circumstances, desire to have any private, for-profit guardian serve as my appointed guardian.
(Signature) (YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT) I declare under penalty of perjury that the principal is to nominate a guardian in my presence, that the principalquest appears to be of sound mind, has the mental capacity to understand and execute this document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal.
(Signature) (YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT) - 80th Session (2019) – 9 – I declare under penalty of perjury that the principal is personally known to me, that the principal signed this request to nominate a guardian in my presence, that the principal appears to be of sound mind, has the mental capacity to fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal.
(Date) - *AB65_R1* – 9 – CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC 4 State of Nevada } } County of ........................} On this ..........
(Date) CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of Nevada } } County of ........................} On this ..........
[I declare under penalty of perjury that the persons whose names are subscribed to this instrument appear to be of sound mind and under no duress, fraud or undue influence.] ......................................................
[I declare under penalty instrument appear to be of sound mind and under no duress,this fraud or undue influence.] ......................................................
(Signature of notarial officer) (Seal, if any) 4.
(Signature of notarial officer) (Seal, if any) - 80th Session (2019) – 10 – 4.
The Secretary of State shall make the form established in State.tion 3 available on the Internet website of the Secretary of 5.
The Secretary of State shall make the form established in subsection 3 available on the Internet website of the Secretary of State.
The Secretary of State may adopt any regulations necessary to Sec.
5.
The Secretary of State may adopt any regulations necessary to carry out the provisions of this section.
Sec.
Sec.
become effective upon passage and approval.2, 4, 5 and 6 of this act 2.
7.
1.
This section and sections 1, 2, 4, 5 and 6 of this act become effective upon passage and approval.
2.
H - *AB65_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 5.

  2. Enrolled and delivered to Governor.

  3. In Assembly. Senate Amendment No. 92 concurred in. To enrollment.

  4. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time. Amended. (Amend. No. 92.) To printer.

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

  7. In Senate. Read first time. Referred to Committee on Government Affairs. To committee.

  8. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  9. Read second time.

  10. From committee: Do pass.

  11. Read first time. To committee.

  12. From printer.

  13. Prefiled. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Assembly Committee on Government Affairs · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Assembly Committee on Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"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

Subjects

public-safety technology
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Frequently asked questions

What does AB 65 do?
AN ACT relating to notaries public; revising provisions related to certain fees charged by a notary public and electronic notary; revising provisions related to the authentication of certain notarized documents by the Secretary of State; revising the requirements to register as an electronic notary; revising the certificate of acknowledgment of a notary public on the form required to request to nominate a court-appointed guardian; and providing other matters properly relating thereto.
Who sponsors AB 65?
AB 65 is sponsored by Assembly Committee on Government Affairs.
What is the current status of AB 65?
This bill has been enacted into law. Introduced November 19, 2018. Enacted.
Where can I track AB 65?
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