AB127

Assembly Bill No. 127–Committee on Government Affairs

(On Behalf of Secretary of State)

February 4, 1999

____________

Referred to Committee on Government Affairs

SUMMARY—Makes various changes concerning notaries public. (BDR 19-673)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to notaries public; providing that information obtained by the secretary of state during an investigation of a violation of certain provisions concerning notaries public is confidential; increasing fees that notaries public may charge for providing certain services; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 240 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2, information and

1-4 documents filed with or obtained by the secretary of state pursuant to

1-5 NRS 240.001 to 240.169, inclusive, are public information and are

1-6 available for public examination.

1-7 2. Except as otherwise provided in subsections 3 and 4, information

1-8 and documents obtained by or filed with the secretary of state in

1-9 connection with an investigation concerning a possible violation of the

1-10 provisions of NRS 240.001 to 240.169, inclusive, are not public

1-11 information and are confidential.

1-12 3. The secretary of state may submit any information or evidence

1-13 obtained in connection with an investigation concerning a possible

1-14 violation of the provisions of NRS 240.001 to 240.169, inclusive, to the

1-15 appropriate district attorney for the purpose of prosecuting a criminal

1-16 action.

2-1 4. The secretary of state may disclose any information or documents

2-2 obtained in connection with an investigation concerning a possible

2-3 violation of the provisions of NRS 240.001 to 240.169, inclusive, to an

2-4 agency of this state or a political subdivision of this state.

2-5 Sec. 2. NRS 240.001 is hereby amended to read as follows:

2-6 240.001 As used in NRS 240.001 to 240.169, inclusive, and section 1

2-7 of this act, unless the context otherwise requires, the words and terms

2-8 defined in NRS 240.002 to 240.006, inclusive, have the meanings ascribed

2-9 to them in those sections.

2-10 Sec. 3. NRS 240.030 is hereby amended to read as follows:

2-11 240.030 1. Except as otherwise provided in subsection 4, each

2-12 person applying for appointment as a notary public must:

2-13 (a) At the time he submits his application, pay to the secretary of state

2-14 $35.

2-15 (b) Take and subscribe to the oath set forth in section 2 of article 15 of

2-16 the constitution of the State of Nevada as if he were a public officer.

2-17 (c) Enter into a bond to the State of Nevada in the sum of $10,000, to be

2-18 filed with the clerk of the county in which the applicant resides or, if the

2-19 applicant is a resident of an adjoining state, with the clerk of the county in

2-20 this state in which the applicant maintains a place of business or is

2-21 employed. The applicant shall submit to the secretary of state a certificate

2-22 issued by the appropriate county clerk which indicates that the applicant

2-23 filed the bond required pursuant to this paragraph.

2-24 2. In addition to the requirements set forth in subsection 1, an

2-25 applicant for appointment as a notary public , including, without

2-26 limitation, a court reporter, who resides in an adjoining state must submit

2-27 to the secretary of state with his application:

2-28 (a) An affidavit setting forth the address of his place of residence and

2-29 the address of his place of business or employment that is located within

2-30 the State of Nevada; and

2-31 (b) Unless the applicant is self-employed, an affidavit from his

2-32 employer setting forth the facts that show:

2-33 (1) The employer is licensed to do business in the State of Nevada;

2-34 and

2-35 (2) The employer regularly employs the applicant at an office,

2-36 business or facility which is located within the State of Nevada.

2-37 3. In completing an application, bond, oath or other document

2-38 necessary to apply for appointment as a notary public, an applicant who is

2-39 employed as a peace officer and is required to be a notary public as a

2-40 condition of that employment must not be required to disclose his

2-41 residential address or telephone number on any such document which will

2-42 become available to the public.

3-1 4. A court reporter who has received a certificate of registration

3-2 pursuant to NRS 656.180 may apply for appointment as a notary public

3-3 with limited powers. Such an applicant is not required to enter into a bond

3-4 to obtain the limited power of a notary public to administer oaths or

3-5 affirmations.

3-6 5. If required, the bond, together with the oath, must be filed and

3-7 recorded in the office of the county clerk of the county in which the

3-8 applicant resides when he applies for his appointment or, if the applicant is

3-9 a resident of an adjoining state, with the clerk of the county in this state in

3-10 which the applicant maintains a place of business or is employed. On a

3-11 form provided by the secretary of state, the county clerk shall immediately

3-12 certify to the secretary of state that the required bond and oath have been

3-13 filed and recorded. Upon receipt of the application, fee and certification

3-14 that the required bond and oath have been filed and recorded, the secretary

3-15 of state shall issue a certificate of appointment as a notary public to the

3-16 applicant.

3-17 6. Except as otherwise provided in this subsection, the secretary of

3-18 state shall charge a fee of $10 for each duplicate or amended certificate of

3-19 appointment which is issued to a notary. If the notary public does not

3-20 receive an original certificate of appointment, the secretary of state shall

3-21 provide a duplicate certificate of appointment without charge if the notary

3-22 public requests such a duplicate within 60 days after the date on which the

3-23 original certificate was issued.

3-24 Sec. 4. NRS 240.100 is hereby amended to read as follows:

3-25 240.100 1. Except as otherwise provided in subsection 3, a notary

3-26 public may charge the following fees and no more:

3-27 For taking an acknowledgment, for the first signature

3-28 of each signer [~~$2]~~ $5.00

3-29 For each additional signature of each signer [1] 2.50

3-30 For administering an oath or affirmation without a

3-31 signature [1] 2.50

3-32 For a certified copy [1] 2.50

3-33 For a jurat, for each signature on the affidavit [2] 5.00

3-34 2. All fees prescribed in this section are payable in advance, if

3-35 demanded.

3-36 3. A notary public may charge an additional fee for traveling to

3-37 perform a notarial act if:

3-38 (a) The person requesting the notarial act asks the notary public to

3-39 travel;

4-1 (b) The notary public explains to the person requesting the notarial act

4-2 that the fee is in addition to the fee authorized in subsection 1 and is not

4-3 required by law;

4-4 (c) The person requesting the notarial act agrees in advance upon the

4-5 amount of the additional fee; and

4-6 (d) The additional fee does not exceed the standard mileage

4-7 reimbursement rate for which a deduction is allowed for the purposes of

4-8 federal income tax.

4-9 4. A person who employs a notary public may prohibit the notary

4-10 public from charging a fee for a notarial act that the notary public performs

4-11 within the scope of his employment. Such a person shall not require the

4-12 notary public whom he employs to surrender to him all or part of a fee

4-13 charged by the notary public for a notarial act performed outside the scope

4-14 of his employment.