1. Assembly Bill No. 127–Committee on Government Affairs

CHAPTER........

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; providing that an applicant for appointment as a notary public

is not required to disclose his residential address or telephone number on certain

documents; 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:

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

a new section to read as follows:

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

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

NRS 240.001 to 240.169, inclusive, are public information and are

available for public examination.

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

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

connection with an investigation concerning a possible violation of the

provisions of NRS 240.001 to 240.169, inclusive, are not public

information and are confidential.

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

obtained in connection with an investigation concerning a possible

violation of the provisions of NRS 240.001 to 240.169, inclusive, to the

appropriate district attorney for the purpose of prosecuting a criminal

action.

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

obtained in connection with an investigation concerning a possible

violation of the provisions of NRS 240.001 to 240.169, inclusive, to an

agency of this state or a political subdivision of this state.

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

  1. 240.001 As used in NRS 240.001 to 240.169, inclusive, and section 1

  1. of this act, unless the context otherwise requires, the words and terms

  1. defined in NRS 240.002 to 240.006, inclusive, have the meanings ascribed

  1. to them in those sections.

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

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

  1. person applying for appointment as a notary public must:

  1. (a) At the time he submits his application, pay to the secretary of state

  1. $35.

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

  1. the constitution of the State of Nevada as if he were a public officer.

  1. (c) Enter into a bond to the State of Nevada in the sum of $10,000, to be

  1. filed with the clerk of the county in which the applicant resides or, if the

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

  1. this state in which the applicant maintains a place of business or is

  1. employed. The applicant shall submit to the secretary of state a certificate

  1. issued by the appropriate county clerk which indicates that the applicant

  1. filed the bond required pursuant to this paragraph.

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

  1. applicant for appointment as a notary public , including, without

  1. limitation, a court reporter, who resides in an adjoining state must submit

  1. to the secretary of state with his application:

  1. (a) An affidavit setting forth the [address of his place of residence]

  1. adjoining state in which he resides, his mailing address and the address of

  1. his place of business or employment that is located within the State of

  1. Nevada; and

  1. (b) Unless the applicant is self-employed, an affidavit from his

  1. employer setting forth the facts that show:

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

  1. and

  1. (2) The employer regularly employs the applicant at an office,

  1. business or facility which is located within the State of Nevada.

  1. 3. In completing an application, bond, oath or other document

  1. necessary to apply for appointment as a notary public, an applicant [who is

  1. employed as a peace officer and is required to be a notary public as a

  1. condition of that employment] must not be required to disclose his

  1. residential address or telephone number on any such document which will

  1. become available to the public.

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

  1. pursuant to NRS 656.180 may apply for appointment as a notary public

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

  1. to obtain the limited power of a notary public to administer oaths or

  1. affirmations.

  1. 5. If required, the bond, together with the oath, must be filed and

  1. recorded in the office of the county clerk of the county in which the

  1. applicant resides when he applies for his appointment or, if the applicant is

  1. a resident of an adjoining state, with the clerk of the county in this state in

  1. which the applicant maintains a place of business or is employed. On a

  1. form provided by the secretary of state, the county clerk shall immediately

  1. certify to the secretary of state that the required bond and oath have been

  1. filed and recorded. Upon receipt of the application, fee and certification

  1. that the required bond and oath have been filed and recorded, the secretary

  1. of state shall issue a certificate of appointment as a notary public to the

  1. applicant.

  1. 6. Except as otherwise provided in this subsection, the secretary of

  1. state shall charge a fee of $10 for each duplicate or amended certificate of

  1. appointment which is issued to a notary. If the notary public does not

  1. receive an original certificate of appointment, the secretary of state shall

  1. provide a duplicate certificate of appointment without charge if the notary

  2. public requests such a duplicate within 60 days after the date on which the

  1. original certificate was issued.

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

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

  1. public may charge the following fees and no more:

  1. For taking an acknowledgment, for the first signature

  1. of each signer [$2] $5.00

  1. For each additional signature of each signer [1] 2.50

  1. For administering an oath or affirmation without a

  1. signature [1] 2.50

  1. For a certified copy [1] 2.50

  1. For a jurat, for each signature on the affidavit [2] 5.00

  1. 2. All fees prescribed in this section are payable in advance, if

  1. demanded.

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

  1. perform a notarial act if:

  1. (a) The person requesting the notarial act asks the notary public to

  1. travel;

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

  1. that the fee is in addition to the fee authorized in subsection 1 and is not

  1. required by law;

  1. (c) The person requesting the notarial act agrees in advance upon the

  1. amount of the additional fee; and

  1. (d) The additional fee does not exceed the standard mileage

  1. reimbursement rate for which a deduction is allowed for the purposes of

  1. federal income tax.

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

  1. public from charging a fee for a notarial act that the notary public performs

  1. within the scope of his employment. Such a person shall not require the

  1. notary public whom he employs to surrender to him all or part of a fee

  1. charged by the notary public for a notarial act performed outside the scope

  1. of his employment.

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