AB 245 — Increases certain fees relating to notaries public and document preparation services. (BDR 19-983)

REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§§ 2, 3) (Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT A.B.

245245– AAssemblymen SSEMBLYFlores; B ILLN O.

245–Considine ASSEMBLYMENand FThomas LORESCHAPTER.......... ;

C ONSIDINE AND THOMAS M ARCH 12, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Increases certain fees relating to notaries public and document preparation services.

(BDR 19-983) 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 prohibits a notary public from performing a notarial act if the (NRSnotary 240.065)public Sectionwill 1receive ofa thisfee billin authorizesexcess aof notarythe publicfee whoauthorized isfor alsoalnotarial acts.

(2) oath$2.50 orfor affirmationeach withoutadditional asignature signature;of each signer;

(3) $2.50 for administering an oath or affirmation without a signature;

(1) $15.00 for taking an acknowledgement,additional for the first signature of each signer;

(2) $7.50 for each additional signature of each signer;

and (5) $15.00 for a jurExistingjurat, law authorizes a notary public to charge an additional fee for travelingeach tosignature performon athe notarialaffidavit. act of:

(1)Existing $10law perauthorizes houra ifnotary thepublic personto requestingcharge thean notarialadditional -fee *AB245_R1*for –traveling 2 – act asks the notary public to travelperform betweena thenotarial hoursact ofof: 6 a.m.

(1) $10 per hour if the person requesting the notarial act asks the notary public to travel between the hours of 6 a.m.

Existingdocument lawpreparation requiresservice a person who wishes to engagepay in the business of a 240A.100)nonrefundable Section 2 of this bill increases the application fee toof $100.$50.$50.

(NRS Existing240A.100) lawSection requires2 aof personthis whobill wishesincreases to renew his or her registration to engage in the businessapplication offee a document preparation service to pay$100. a renewal fee of $25 every year upon the expiration of the registration.

Existing law requires a person who wishes to renew his or her registration to engage in the business of a document preparation service to pay a renewal fee of $25 every year upon the expiration of the registration.

Existing law requires the Secretary of State to account for the application fees and renewal fees for registration to engage in the business of a document earnedpreparation onservice thoseseparately fees,and torequires bethose usedfees, solelyand toany payinterest forand expensesincome related to administering the document preparation services program, including the cost of:

(1) certaincertainstering materials and advertising;

Section 3.3 of this bill additionally authorizes those fees to be used for personnel and other operating - 81st Session (2021) – 2 – expenses of the Office of the Secretary of State related to enforcing the provisions of law relating to document preparation services.

If, after investigation, the Secretary of State determines that a violation has occurred, existing law authorizes the Secretary of State to take certain actions, including referring the alleged violation to the Attorney General or district attorney for the commencement authorizes the Secretary of aState criminalto orimpose a civil action.penalty.

(NRS 240A.260) Section 3.6 offurtherlly this bill additionally provides that any determination by the Secretary of State that a violation haserhas occurred is a public record.

THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

or (d) The person whose signature is to be acknowledged, sworn to or witnessed or attested is a relative of the domestic partner of the - *AB245_R1* – 3 – notary public or a relative of the notary public by marriage or consanguinity.

A notary public who is registered to engage in the business of a document preparation service may perform a notarial act on a document if the notary public has received or will receive directly from a transaction relating to the document a fee for providing document- preparation81st servicesSession in(2021) addition– to3 the– fee authorized pursuant to NRS 240.100 for the notarial act.act.the fee authorized 4.

4.

- *AB245_R1* – 4 – (b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law;

- 81st Session (2021) – 4 – (2) If the person requesting the notarial act asks the notary public to travel between the hours of 7 p.m.

 The notary public may charge a minimum of 2 hours for such traveltra4.l andaA shallnotary chargepublic onis aentitled proto ratacharge basis after the firstamount 2of hours.theours.

4.additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if:

A notary public is entitled to charge the amount of the additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if:

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 publicemployment forof athe notarialnotary actpublic.med performed outside the scope of the employmentSec. of the notary public.

Sec.