requires two-thirds majority vote (§ 3)
A.B. 266
Assembly Bill No. 266–Committee on Government Affairs
(On Behalf of Secretary of State)
March 1, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes regarding notaries public. (BDR 19‑648)
FISCAL NOTE: Effect on Local Government: 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; prescribing a certificate sufficient for administering an oath or affirmation of office; authorizing the secretary of state to provide and charge a reasonable fee for courses of study for the voluntary training of notaries public; establishing the notary public training fund; prescribing the date of the commencement of an appointment as a notary public; prohibiting a notary public from committing certain acts; requiring a notary public to enter in his journal the type of certificate used to evidence a notarial act; authorizing the secretary of state to refuse to issue an apostille in certain circumstances; repealing the provisions relating to commissioners of deeds; 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 the provisions set forth as sections 2 and 3 of this act.
1-3 Sec. 2. The following certificate is sufficient for administering an
1-4 oath or affirmation of office:
1-5 State of........
1-6 County of.....
1-7 I, .............(name of person taking oath or affirmation of office)............,
1-8 do solemnly swear (or affirm) that I will support, protect and defend the
1-9 Constitution and Government of the United States and the constitution
1-10 and government of the State of Nevada against all enemies, whether
1-11 domestic or foreign, and that I will bear true faith, allegiance and loyalty
1-12 to the same, any ordinance, resolution or law of any state
1-13 notwithstanding, and that I will well and faithfully perform all the duties
2-1 of the office of ........(title of office)........, on which I am about to enter; (if
2-2 an oath) so help me God; (if an affirmation) under the pains and
2-3 penalties of perjury.
2-4
2-5 .........................................
2-6 (Signature of person taking oath
2-7 or affirmation of office)
2-8 Signed and sworn to (or affirmed) before me on ........(date)........ by
2-9 ...............(name of person taking oath or affirmation of office)...............
2-10 .........................................
2-11 (Signature of notarial officer)
2-12 (Seal, if any)
2-13 .........................................
2-14 (Title and rank (optional))
2-15 Sec. 3. 1. The secretary of state may:
2-16 (a) Provide courses of study for the voluntary training of notaries
2-17 public at such times and for such duration as he determines appropriate;
2-18 and
2-19 (b) Charge a reasonable fee to each person who enrolls in a course of
2-20 study for the voluntary training of notaries public.
2-21 2. A course of study provided pursuant to this section must comply
2-22 with the regulations adopted pursuant to subsection 1 of NRS 240.017.
2-23 3. The secretary of state shall deposit the fees collected pursuant to
2-24 paragraph (b) of subsection 1 in the notary public training fund which is
2-25 hereby created as a special revenue fund in the state treasury. The fund
2-26 must be administered by the secretary of state. Any interest and income
2-27 earned on the money in the fund, after deducting any applicable charges,
2-28 must be credited to the fund. Any money remaining in the fund at the end
2-29 of a fiscal year does not revert to the state general fund and the balance
2-30 in the fund must be carried forward. All claims against the fund must be
2-31 paid as other claims against the state are paid. The money in the fund
2-32 may be expended only to pay for expenses related to providing courses of
2-33 study for the voluntary training of notaries public, including, without
2-34 limitation, the rental of rooms and other facilities, advertising, travel and
2-35 the printing and preparation of course materials.
2-36 Sec. 4. NRS 240.001 is hereby amended to read as follows:
2-37 240.001 As used in NRS 240.001 to 240.169, inclusive, and section 3
2-38 of this act, unless the context otherwise requires, the words and terms
2-39 defined in NRS 240.002 to 240.006, inclusive, have the meanings ascribed
2-40 to them in those sections.
2-41 Sec. 5. NRS 240.017 is hereby amended to read as follows:
2-42 240.017 The secretary of state:
2-43 1. May adopt regulations [prescribing] :
2-44 (a) Prescribing the procedure for the appointment and voluntary
2-45 training of a notary public.
2-46 (b) Establishing procedures for the notarization of digital or
2-47 electronic signatures.
3-1 2. Shall adopt regulations prescribing the form of each affidavit
3-2 required pursuant to subsection 2 of NRS 240.030.
3-3 Sec. 6. NRS 240.030 is hereby amended to read as follows:
3-4 240.030 1. Except as otherwise provided in subsection 4, each
3-5 person applying for appointment as a notary public must:
3-6 (a) At the time he submits his application, pay to the secretary of state
3-7 $35.
3-8 (b) Take and subscribe to the oath set forth in section 2 of article 15 of
3-9 the constitution of the State of Nevada as if he were a public officer.
3-10 (c) Enter into a bond to the State of Nevada in the sum of $10,000, to be
3-11 filed with the clerk of the county in which the applicant resides or, if the
3-12 applicant is a resident of an adjoining state, with the clerk of the county in
3-13 this state in which the applicant maintains a place of business or is
3-14 employed. The applicant shall submit to the secretary of state a certificate
3-15 issued by the appropriate county clerk which indicates that the applicant
3-16 filed the bond required pursuant to this paragraph.
3-17 2. In addition to the requirements set forth in subsection 1, an applicant
3-18 for appointment as a notary public, including, without limitation, a court
3-19 reporter, who resides in an adjoining state must submit to the secretary of
3-20 state with his application:
3-21 (a) An affidavit setting forth the adjoining state in which he resides, his
3-22 mailing address and the address of his place of business or employment
3-23 that is located within the State of Nevada; and
3-24 (b) Unless the applicant is self-employed, an affidavit from his
3-25 employer setting forth the facts that show:
3-26 (1) The employer is licensed to do business in the State of Nevada;
3-27 and
3-28 (2) The employer regularly employs the applicant at an office,
3-29 business or facility which is located within the State of Nevada.
3-30 3. In completing an application, bond, oath or other document
3-31 necessary to apply for appointment as a notary public, an applicant must
3-32 not be required to disclose his residential address or telephone number on
3-33 any such document which will become available to the public.
3-34 4. A court reporter who has received a certificate of registration
3-35 pursuant to NRS 656.180 may apply for appointment as a notary public
3-36 with limited powers. Such an applicant is not required to enter into a bond
3-37 to obtain the limited power of a notary public to administer oaths or
3-38 affirmations.
3-39 5. If required, the bond, together with the oath, must be filed and
3-40 recorded in the office of the county clerk of the county in which the
3-41 applicant resides when he applies for his appointment or, if the applicant is
3-42 a resident of an adjoining state, with the clerk of the county in this state in
3-43 which the applicant maintains a place of business or is employed. On a
3-44 form provided by the secretary of state, the county clerk shall immediately
3-45 certify to the secretary of state that the required bond and oath have been
3-46 filed and recorded. Upon receipt of the application, fee and certification
3-47 that the required bond and oath have been filed and recorded, the secretary
3-48 of state shall issue a certificate of appointment as a notary public to the
3-49 applicant.
4-1 6. Except as otherwise provided in subsection 7, the term of a notary
4-2 public commences on the effective date of the bond required pursuant to
4-3 paragraph (c) of subsection 1. A notary public shall not perform a
4-4 notarial act after the effective date of the bond unless he has been issued
4-5 a certificate of appointment.
4-6 7. The term of a notary public with limited powers commences on the
4-7 date set forth in his certificate of appointment.
4-8 8. Except as otherwise provided in this subsection, the secretary of
4-9 state shall charge a fee of $10 for each duplicate or amended certificate of
4-10 appointment which is issued to a notary. If the notary public does not
4-11 receive an original certificate of appointment, the secretary of state shall
4-12 provide a duplicate certificate of appointment without charge if the notary
4-13 public requests such a duplicate within 60 days after the date on which the
4-14 original certificate was issued.
4-15 Sec. 7. NRS 240.069 is hereby amended to read as follows:
4-16 240.069 A certified court reporter who receives a certificate of
4-17 appointment as a notary public with limited powers pursuant to subsection
4-18 [3] 4 of NRS 240.030, may only administer oaths and affirmations and may
4-19 not perform the other powers, and is not required to perform the other
4-20 duties, of a notary public specified in NRS 240.040, 240.060 and 240.120.
4-21 Sec. 8. NRS 240.075 is hereby amended to read as follows:
4-22 240.075 A notary public shall not:
4-23 1. Influence a person to enter or not enter into a lawful transaction
4-24 involving a notarial act performed by the notary public.
4-25 2. Certify an instrument containing a statement known by him to be
4-26 false.
4-27 3. Perform any act as a notary public with intent to deceive or defraud
4-28 [.] , including, without limitation, altering the journal that he is required
4-29 to keep pursuant to NRS 240.120.
4-30 4. Endorse or promote any product, service or offering if his
4-31 appointment as a notary public is used in the endorsement or promotional
4-32 statement.
4-33 5. Certify photocopies of a certificate of birth, death or marriage or a
4-34 divorce decree.
4-35 6. Allow any other person to use his notary’s stamp.
4-36 7. Allow any other person to sign the notary’s name in a notarial
4-37 capacity.
4-38 8. Perform a notarial act on a document that contains only a
4-39 signature.
4-40 Sec. 9. NRS 240.120 is hereby amended to read as follows:
4-41 240.120 1. Except as otherwise provided in NRS 240.069, each
4-42 notary public shall keep a journal in his office in which he shall enter for
4-43 each notarial act performed, at the time the act is performed:
4-44 (a) The fees charged, if any;
4-45 (b) The title of the [matter;] document;
4-46 (c) The date on which he performed the service;
4-47 (d) The name and signature of the person whose signature is being
4-48 notarized;
5-1 (e) A description of the evidence used by the notary public to verify the
5-2 identification of the person whose signature is being notarized; [and]
5-3 (f) An indication of whether he administered an oath[.] ; and
5-4 (g) The type of certificate used to evidence the notarial act, as
5-5 required pursuant to NRS 240.1655.
5-6 2. If the notary verifies the identification of the person whose signature
5-7 is being notarized on the basis of a credible witness, the notary public shall:
5-8 (a) Require the witness to sign the journal in the space provided for the
5-9 description of the evidence used; and
5-10 (b) Make a notation in the journal that the witness is a credible witness.
5-11 3. The journal must:
5-12 (a) Be open to public inspection.
5-13 (b) Be in a bound volume with preprinted page numbers.
5-14 4. A notary public shall, upon request and payment of the fee set forth
5-15 in NRS 240.100, provide a certified copy of an entry in his journal.
5-16 5. A notary public shall retain each journal that he has kept pursuant to
5-17 this section until 7 years after the date on which he ceases to be a notary
5-18 public.
5-19 6. A notary public shall file a report with the secretary of state and the
5-20 appropriate law enforcement agency if his journal is lost or stolen.
5-21 7. The provisions of this section do not apply to a person who is
5-22 authorized to perform a notarial act pursuant to paragraph (b), (c) or (d) of
5-23 subsection 1 of NRS 240.1635.
5-24 Sec. 10. NRS 240.165 is hereby amended to read as follows:
5-25 240.165 1. A notarial act has the same effect under the law of this
5-26 state as if performed by a notarial officer of this state if performed within
5-27 the jurisdiction of and under authority of a foreign nation or its constituent
5-28 units or a multinational or international organization by the following
5-29 persons:
5-30 (a) A notary public;
5-31 (b) A judge, clerk or deputy clerk of a court of record; or
5-32 (c) A person authorized by the law of that jurisdiction to perform
5-33 notarial acts.
5-34 2. An “apostille” in the form prescribed by the Hague Convention of
5-35 October 5, 1961, conclusively establishes that the signature of the notarial
5-36 officer is genuine and that the officer holds the indicated office. The
5-37 secretary of state shall, upon request and payment of a fee of $20, issue an
5-38 apostille to verify a signature of a notarial officer on a document that is
5-39 kept in the records of the secretary of state[.] unless the document had not
5-40 been notarized in accordance with the provisions of this chapter.
5-41 3. A certificate by an officer of the foreign service or consular officer
5-42 of the United States stationed in the nation under the jurisdiction of which
5-43 the notarial act was performed, or a certificate by an officer of the foreign
5-44 service or consular officer of that nation stationed in the United States,
5-45 conclusively establishes a matter relating to the authenticity or validity of
5-46 the notarial act set forth in the certificate.
5-47 4. An official stamp or seal of the person performing the notarial act is
5-48 prima facie evidence that the signature is genuine and that the person holds
5-49 the indicated title.
6-1 5. An official stamp or seal of an officer listed in paragraph (a) or (b)
6-2 of subsection 1 is prima facie evidence that a person with the indicated title
6-3 has authority to perform notarial acts.
6-4 6. If the title of office and indication of authority to perform notarial
6-5 acts appears either in a digest of foreign law or in a list customarily used as
6-6 a source for that information, the authority of an officer with that title to
6-7 perform notarial acts is conclusively established.
6-8 Sec. 11. NRS 240.1655 is hereby amended to read as follows:
6-9 240.1655 1. A notarial act must be evidenced by a certificate signed
6-10 and dated by a notarial officer. The certificate must include identification
6-11 of the jurisdiction in which the notarial act is performed and the title of the
6-12 office of the notarial officer and may include the official stamp or seal of
6-13 office. [If the officer is a notary public, the certificate must also indicate
6-14 the date of expiration, if any, of the commission of office, but omission of
6-15 that information may subsequently be corrected.] If the officer is a
6-16 commissioned officer on active duty in the military service of the United
6-17 States, it must also include the officer’s rank.
6-18 2. A certificate of a notarial act is sufficient if it meets the
6-19 requirements of subsection 1 and it:
6-20 (a) Is in the short form set forth in NRS 240.166 to 240.169, inclusive
6-21 [;] , and section 2 of this act;
6-22 (b) Is in a form otherwise prescribed by the law of this state;
6-23 (c) Is in a form prescribed by the laws or regulations applicable in the
6-24 place in which the notarial act was performed; or
6-25 (d) Sets forth the actions of the notarial officer and those are sufficient
6-26 to meet the requirements of the designated notarial act.
6-27 3. By executing a certificate of a notarial act, the notarial officer
6-28 certifies that the officer has made the determinations required by NRS
6-29 240.163.
6-30 Sec. 12. NRS 240.166 is hereby amended to read as follows:
6-31 240.166 The following certificate is sufficient for an acknowledgment
6-32 in an individual capacity:
6-33 State of............
6-34 County of.........
6-35 This instrument was acknowledged before me on ........(date)........ by
6-36 ....................(name(s) of person(s))....................
6-37 .........................................
6-38 (Signature of notarial officer)
6-39 (Seal, if any)
6-40 .........................................
6-41 (Title and rank (optional))
6-42 [(My commission expires (optional): )]
6-43 Sec. 13. NRS 240.1665 is hereby amended to read as follows:
6-44 240.1665 The following certificate is sufficient for an
6-45 acknowledgment in a representative capacity:
7-1 State of.............
7-2 County of..........
7-3 This instrument was acknowledged before me on ........(date)........ by
7-4 ....................(name(s) of person(s)).................... as ....................(type of
7-5 authority, e.g., officer, trustee, etc.).................... of ....................(name of
7-6 party on behalf of whom instrument was executed)....................
7-7 .........................................
7-8 (Signature of notarial officer)
7-9 (Seal, if any)
7-10 .........................................
7-11 (Title and rank (optional))
7-12 [(My commission expires (optional): )]
7-13 Sec. 14. NRS 240.1667 is hereby amended to read as follows:
7-14 240.1667 The following certificate is sufficient for an
7-15 acknowledgment that contains a power of attorney:
7-16 State of ...........
7-17 County of ........
7-18 This instrument was acknowledged before me on ............(date)............
7-19 by...............(name of person [receiving] holding power of
7-20 attorney)............... as attorney in fact for...............(name of principal/person
7-21 whose name is in the document).............
7-22 .........................................
7-23 (Signature of notarial officer)
7-24 (Seal, if any)
7-25 .........................................
7-26 (Title and rank (optional))
7-27 [(My commission expires (optional): )]
7-28 Sec. 15. NRS 240.167 is hereby amended to read as follows:
7-29 240.167 The following certificate is sufficient for a verification upon
7-30 oath or affirmation:
7-31 State of............
7-32 County of.........
7-33 Signed and sworn to (or affirmed) before me on ........(date)........ by
7-34 ....................(name(s) of person(s) making statement)....................
7-35 .........................................
7-36 (Signature of notarial officer)
7-37 (Seal, if any)
7-38 .........................................
7-39 (Title and rank (optional))
7-40 [(My commission expires (optional): )]
7-41 Sec. 16. NRS 240.168 is hereby amended to read as follows:
7-42 240.168 The following certificate is sufficient for attesting a copy of a
7-43 document:
8-1 State of.............
8-2 County of..........
8-3 I certify that this is a true and correct copy of a document in the
8-4 possession of.......................(name of person who presents the
8-5 document)...................
8-6 ......................... Dated
8-7 .........................................
8-8 (Signature of notarial officer)
8-9 (Seal, if any)
8-10 .........................................
8-11 (Title and rank (optional))
8-12 [My commission expires (optional): )]
8-13 Sec. 17. NRS 281.010 is hereby amended to read as follows:
8-14 281.010 1. The following officers must be elected:
8-15 (a) A governor.
8-16 (b) A lieutenant governor.
8-17 (c) Two United States Senators.
8-18 (d) The number of members of the House of Representatives of the
8-19 United States to which this state may be entitled.
8-20 (e) The number of presidential electors to which this state may be
8-21 entitled.
8-22 (f) Justices of the supreme court.
8-23 (g) District judges.
8-24 (h) Senators and members of the assembly.
8-25 (i) A secretary of state.
8-26 (j) A state treasurer.
8-27 (k) A state controller.
8-28 (l) An attorney general.
8-29 (m) Other officers whose elections are provided for by law.
8-30 (n) For each county, and the equivalent officers for Carson City:
8-31 (1) One county clerk, who is ex officio clerk of the board of county
8-32 commissioners and clerk of the district court of his county.
8-33 (2) One sheriff.
8-34 (3) One district attorney.
8-35 (4) One public administrator, except where otherwise provided by
8-36 law.
8-37 (5) One county assessor, except where otherwise provided by law.
8-38 (6) One county treasurer, except where otherwise provided by law.
8-39 (7) The number of county commissioners as provided by law.
8-40 (8) One county recorder, who is ex officio county auditor of his
8-41 county if a county comptroller has not been appointed in his county.
8-42 (9) Justices of the peace.
8-43 (10) Constables, except where otherwise provided by law.
8-44 2. [The following officers must be appointed:
8-45 (a) Commissioners of deeds for the respective states and territories of
8-46 the United States and foreign countries.
8-47 (b)] All officers who are not elected[.] must be appointed.
9-1 Sec. 18. NRS 281.010 is hereby amended to read as follows:
9-2 281.010 1. The following officers must be elected:
9-3 (a) A governor.
9-4 (b) A lieutenant governor.
9-5 (c) Two United States Senators.
9-6 (d) The number of members of the House of Representatives of the
9-7 United States to which this state may be entitled.
9-8 (e) The number of presidential electors to which this state may be
9-9 entitled.
9-10 (f) Five justices of the supreme court.
9-11 (g) District judges.
9-12 (h) Senators and members of the assembly.
9-13 (i) A secretary of state.
9-14 (j) A state treasurer.
9-15 (k) A state controller.
9-16 (l) An attorney general.
9-17 (m) Other officers whose elections are provided for by law.
9-18 (n) For each county, and the equivalent officers for Carson City:
9-19 (1) One county clerk, who is ex officio clerk of the board of county
9-20 commissioners and clerk of the district court of his county.
9-21 (2) One sheriff.
9-22 (3) One district attorney.
9-23 (4) One public administrator, except where otherwise provided by
9-24 law.
9-25 (5) One county assessor, except where otherwise provided by law.
9-26 (6) One county treasurer, except where otherwise provided by law.
9-27 (7) The number of county commissioners as provided by law.
9-28 (8) One county recorder, who is ex officio county auditor in counties
9-29 in which a county comptroller has not been appointed.
9-30 (9) Justices of the peace.
9-31 (10) Constables, except where otherwise provided by law.
9-32 2. [The following officers must be appointed:
9-33 (a) Commissioners of deeds for the respective states and territories of
9-34 the United States and foreign countries.
9-35 (b)] All officers who are not elected[.] must be appointed.
9-36 Sec. 19. NRS 281.4365 is hereby amended to read as follows:
9-37 281.4365 1. “Public officer” means a person elected or appointed to
9-38 a position which is established by the constitution of the State of Nevada, a
9-39 statute of this state or an ordinance of any of its counties or incorporated
9-40 cities and which involves the exercise of a public power, trust or duty. As
9-41 used in this section, “the exercise of a public power, trust or duty”
9-42 includes:
9-43 (a) Actions taken in an official capacity which involve a substantial and
9-44 material exercise of administrative discretion in the formulation of public
9-45 policy;
9-46 (b) The expenditure of public money; and
9-47 (c) The enforcement of laws and rules of the state, a county or a city.
9-48 2. “Public officer” does not include:
9-49 (a) Any justice, judge or other officer of the court system;
10-1 (b) [A commissioner of deeds;
10-2 (c)] Any member of a board, commission or other body whose function
10-3 is advisory;
10-4 [(d)] (c) Any member of a board of trustees for a general improvement
10-5 district or special district whose official duties do not include the
10-6 formulation of a budget for the district or the authorization of the
10-7 expenditure of the district’s money; or
10-8 [(e)] (d) A county health officer appointed pursuant to NRS 439.290.
10-9 Sec. 20. NRS 240.170, 240.180, 240.190, 240.200, 240.210, 240.220
10-10 and 240.230 are hereby repealed.
10-11 Sec. 21. 1. This section and sections 1 to 17, inclusive, 19 and 20 of
10-12 this act become effective on October 1, 2001.
10-13 2. Section 17 of this act expires by limitation on the date on which the
10-14 qualified electors of this state approve a constitutional amendment that
10-15 establishes an intermediate court of appeals within the State of Nevada.
10-16 3. Section 18 of this act becomes effective on the date on which the
10-17 qualified electors of this state approve a constitutional amendment that
10-18 establishes an intermediate court of appeals within the State of Nevada.
10-19 LEADLINES OF REPEALED SECTIONS
10-20 240.170 Appointment and term.
10-21 240.180 Fee for commission.
10-22 240.190 Oath of office.
10-23 240.200 Commission and copy of law transmitted to appointee.
10-24 240.210 Powers.
10-25 240.220 Legality of acts of commissioner.
10-26 240.230 Compensation of commissioner acting in this state;
10-27 penalties.
10-28 H