Assembly Bill No. 266–Committee on Government Affairs
CHAPTER..........
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:
Section 1. Chapter 240 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The following certificate is sufficient for administering an
oath or affirmation of office:
State of...........
County of........
I, .............(name of person taking oath or affirmation of office)............,
do solemnly swear (or affirm) that I will support, protect and defend the
Constitution and Government of the United States and the constitution
and government of the State of Nevada against all enemies, whether
domestic or foreign, and that I will bear true faith, allegiance and loyalty
to the same, any ordinance, resolution or law of any state
notwithstanding, and that I will well and faithfully perform all the duties
of the office of ........(title of office)........, on which I am about to enter;
(if an oath) so help me God; (if an affirmation) under the pains and
penalties of perjury.
.........................................
(Signature of person taking oath
or affirmation of office)
Signed and sworn to (or affirmed) before me on ........(date)........ by
...............(name of person taking oath or affirmation of office)...............
.........................................
(Signature of notarial officer)
(Seal, if any)
.........................................
(Title and rank (optional))
Sec. 3. 1. The secretary of state may:
(a) Provide courses of study for the voluntary training of notaries
public at such times and for such duration as he determines appropriate;
and
(b) Charge a reasonable fee to each person who enrolls in a course of
study for the voluntary training of notaries public.
2. A course of study provided pursuant to this section must comply
with the regulations adopted pursuant to subsection 1 of NRS 240.017.
3. The secretary of state shall deposit the fees collected pursuant to
paragraph (b) of subsection 1 in the notary public training fund which is
hereby created as a special revenue fund in the state treasury. The fund
must be administered by the secretary of state. Any interest and income
earned on the money in the fund, after deducting any applicable
charges, must be credited to the fund. Any money remaining in the fund
at the end of a fiscal year does not revert to the state general fund and
the balance in the fund must be carried forward. All claims against the
fund must be paid as other claims against the state are paid. The money
in the fund may be expended only to pay for expenses related to
providing courses of study for the voluntary training of notaries public,
including, without limitation, the rental of rooms and other facilities,
advertising, travel and the printing and preparation of course materials.
Sec. 4. NRS 240.001 is hereby amended to read as follows:
240.001 As used in NRS 240.001 to 240.169, inclusive, and section 3
of this act, unless the context otherwise requires, the words and terms
defined in NRS 240.002 to 240.006, inclusive, have the meanings ascribed
to them in those sections.
Sec. 5. NRS 240.017 is hereby amended to read as follows:
240.017 The secretary of state:
1. May adopt regulations [prescribing] :
(a) Prescribing the procedure for the appointment and voluntary
training of a notary public.
(b) Establishing procedures for the notarization of digital or
electronic signatures.
2. Shall adopt regulations prescribing the form of each affidavit
required pursuant to subsection 2 of NRS 240.030.
Sec. 6. NRS 240.030 is hereby amended to read as follows:
240.030 1. Except as otherwise provided in subsection 4, each
person applying for appointment as a notary public must:
(a) At the time he submits his application, pay to the secretary of state
$35.
(b) Take and subscribe to the oath set forth in section 2 of article 15 of
the constitution of the State of Nevada as if he were a public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000, to be
filed with the clerk of the county in which the applicant resides or, if the
applicant is a resident of an adjoining state, with the clerk of the county in
this state in which the applicant maintains a place of business or is
employed. The applicant shall submit to the secretary of state a certificate
issued by the appropriate county clerk which indicates that the applicant
filed the bond required pursuant to this paragraph.
2. In addition to the requirements set forth in subsection 1, an applicant
for appointment as a notary public, including, without limitation, a court
reporter, who resides in an adjoining state must submit to the secretary of
state with his application:
(a) An affidavit setting forth the adjoining state in which he resides, his
mailing address and the address of his place of business or employment
that is located within the State of Nevada; and
(b) Unless the applicant is self-employed, an affidavit from his
employer setting forth the facts that show:
(1) The employer is licensed to do business in the State of Nevada;
and
(2) The employer regularly employs the applicant at an office,
business or facility which is located within the State of Nevada.
3. In completing an application, bond, oath or other document
necessary to apply for appointment as a notary public, an applicant must
not be required to disclose his residential address or telephone number on
any such document which will become available to the public.
4. A court reporter who has received a certificate of registration
pursuant to NRS 656.180 may apply for appointment as a notary public
with limited powers. Such an applicant is not required to enter into a bond
to obtain the limited power of a notary public to administer oaths or
affirmations.
5. If required, the bond, together with the oath, must be filed and
recorded in the office of the county clerk of the county in which the
applicant resides when he applies for his appointment or, if the applicant is
a resident of an adjoining state, with the clerk of the county in this state in
which the applicant maintains a place of business or is employed. On a
form provided by the secretary of state, the county clerk shall immediately
certify to the secretary of state that the required bond and oath have been
filed and recorded. Upon receipt of the application, fee and certification
that the required bond and oath have been filed and recorded, the secretary
of state shall issue a certificate of appointment as a notary public to the
applicant.
6. Except as otherwise provided in subsection 7, the term of a notary
public commences on the effective date of the bond required pursuant to
paragraph (c) of subsection 1. A notary public shall not perform a
notarial act after the effective date of the bond unless he has been issued
a certificate of appointment.
7. The term of a notary public with limited powers commences on the
date set forth in his certificate of appointment.
8. Except as otherwise provided in this subsection, the secretary of
state shall charge a fee of $10 for each duplicate or amended certificate of
appointment which is issued to a notary. If the notary public does not
receive an original certificate of appointment, the secretary of state shall
provide a duplicate certificate of appointment without charge if the notary
public requests such a duplicate within 60 days after the date on which the
original certificate was issued.
Sec. 7. NRS 240.069 is hereby amended to read as follows:
240.069 A certified court reporter who receives a certificate of
appointment as a notary public with limited powers pursuant to subsection
[3] 4 of NRS 240.030, may only administer oaths and affirmations and
may not perform the other powers, and is not required to perform the other
duties, of a notary public specified in NRS 240.040, 240.060 and 240.120.
Sec. 8. NRS 240.075 is hereby amended to read as follows:
240.075 A notary public shall not:
1. Influence a person to enter or not enter into a lawful transaction
involving a notarial act performed by the notary public.
2. Certify an instrument containing a statement known by him to be
false.
3. Perform any act as a notary public with intent to deceive or defraud
[.] , including, without limitation, altering the journal that he is required
to keep pursuant to NRS 240.120.
4. Endorse or promote any product, service or offering if his
appointment as a notary public is used in the endorsement or promotional
statement.
5. Certify photocopies of a certificate of birth, death or marriage or a
divorce decree.
6. Allow any other person to use his notary’s stamp.
7. Allow any other person to sign the notary’s name in a notarial
capacity.
8. Perform a notarial act on a document that contains only a
signature.
Sec. 9. NRS 240.120 is hereby amended to read as follows:
240.120 1. Except as otherwise provided in NRS 240.069, each
notary public shall keep a journal in his office in which he shall enter for
each notarial act performed, at the time the act is performed:
(a) The fees charged, if any;
(b) The title of the [matter;] document;
(c) The date on which he performed the service;
(d) The name and signature of the person whose signature is being
notarized;
(e) A description of the evidence used by the notary public to verify the
identification of the person whose signature is being notarized; [and]
(f) An indication of whether he administered an oath[.] ; and
(g) The type of certificate used to evidence the notarial act, as
required pursuant to NRS 240.1655.
2. If the notary verifies the identification of the person whose signature
is being notarized on the basis of a credible witness, the notary public
shall:
(a) Require the witness to sign the journal in the space provided for the
description of the evidence used; and
(b) Make a notation in the journal that the witness is a credible witness.
3. The journal must:
(a) Be open to public inspection.
(b) Be in a bound volume with preprinted page numbers.
4. A notary public shall, upon request and payment of the fee set forth
in NRS 240.100, provide a certified copy of an entry in his journal.
5. A notary public shall retain each journal that he has kept pursuant to
this section until 7 years after the date on which he ceases to be a notary
public.
6. A notary public shall file a report with the secretary of state and the
appropriate law enforcement agency if his journal is lost or stolen.
7. The provisions of this section do not apply to a person who is
authorized to perform a notarial act pursuant to paragraph (b), (c) or (d) of
subsection 1 of NRS 240.1635.
Sec. 10. NRS 240.165 is hereby amended to read as follows:
240.165 1. A notarial act has the same effect under the law of this
state as if performed by a notarial officer of this state if performed within
the jurisdiction of and under authority of a foreign nation or its constituent
units or a multinational or international organization by the following
persons:
(a) A notary public;
(b) A judge, clerk or deputy clerk of a court of record; or
(c) A person authorized by the law of that jurisdiction to perform
notarial acts.
2. An “apostille” in the form prescribed by the Hague Convention of
October 5, 1961, conclusively establishes that the signature of the notarial
officer is genuine and that the officer holds the indicated office. The
secretary of state shall, upon request and payment of a fee of $20, issue an
apostille to verify a signature of a notarial officer on a document that is
kept in the records of the secretary of state[.] unless the document had
not been notarized in accordance with the provisions of this chapter.
3. A certificate by an officer of the foreign service or consular officer
of the United States stationed in the nation under the jurisdiction of which
the notarial act was performed, or a certificate by an officer of the foreign
service or consular officer of that nation stationed in the United States,
conclusively establishes a matter relating to the authenticity or validity of
the notarial act set forth in the certificate.
4. An official stamp or seal of the person performing the notarial act is
prima facie evidence that the signature is genuine and that the person
holds the indicated title.
5. An official stamp or seal of an officer listed in paragraph (a) or (b)
of subsection 1 is prima facie evidence that a person with the indicated
title has authority to perform notarial acts.
6. If the title of office and indication of authority to perform notarial
acts appears either in a digest of foreign law or in a list customarily used
as a source for that information, the authority of an officer with that title to
perform notarial acts is conclusively established.
Sec. 11. NRS 240.1655 is hereby amended to read as follows:
240.1655 1. A notarial act must be evidenced by a certificate signed
and dated by a notarial officer. The certificate must include identification
of the jurisdiction in which the notarial act is performed and the title of the
office of the notarial officer and may include the official stamp or seal of
office. [If the officer is a notary public, the certificate must also indicate
the date of expiration, if any, of the commission of office, but omission of
that information may subsequently be corrected.] If the officer is a
commissioned officer on active duty in the military service of the United
States, it must also include the officer’s rank.
2. A certificate of a notarial act is sufficient if it meets the
requirements of subsection 1 and it:
(a) Is in the short form set forth in NRS 240.166 to 240.169, inclusive
[;] , and section 2 of this act;
(b) Is in a form otherwise prescribed by the law of this state;
(c) Is in a form prescribed by the laws or regulations applicable in the
place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are sufficient
to meet the requirements of the designated notarial act.
3. By executing a certificate of a notarial act, the notarial officer
certifies that the officer has made the determinations required by NRS
240.163.
Sec. 12. NRS 240.166 is hereby amended to read as follows:
240.166 The following certificate is sufficient for an acknowledgment
in an individual capacity:
State of................
County of.............
This instrument was acknowledged before me on ........(date)........ by
....................(name(s) of person(s))....................
.........................................
(Signature of notarial officer)
(Seal, if any)
.........................................
(Title and rank (optional))
[(My commission expires (optional):)]
Sec. 13. NRS 240.1665 is hereby amended to read as follows:
240.1665 The following certificate is sufficient for an
acknowledgment in a representative capacity:
State of................
County of.............
This instrument was acknowledged before me on ........(date)........ by
....................(name(s) of person(s)).................... as ....................(type of
authority, e.g., officer, trustee, etc.).................... of ....................(name of
party on behalf of whom instrument was executed)....................
.........................................
(Signature of notarial officer)
(Seal, if any)
.........................................
(Title and rank (optional))
[(My commission expires (optional):)]
Sec. 14. NRS 240.1667 is hereby amended to read as follows:
240.1667 The following certificate is sufficient for an
acknowledgment that contains a power of attorney:
State of ...............
County of ............
This instrument was acknowledged before me on ............(date)............
by...............(name of person [receiving] holding power of
attorney)............... as attorney in fact for...............(name of principal/person
whose name is in the document).............
.........................................
(Signature of notarial officer)
(Seal, if any)
.........................................
(Title and rank (optional))
[(My commission expires (optional):)]
Sec. 15. NRS 240.167 is hereby amended to read as follows:
240.167 The following certificate is sufficient for a verification upon
oath or affirmation:
State of................
County of.............
Signed and sworn to (or affirmed) before me on ........(date)........ by
....................(name(s) of person(s) making statement)....................
.........................................
(Signature of notarial officer)
(Seal, if any)
.........................................
(Title and rank (optional))
[(My commission expires (optional):)]
Sec. 16. NRS 240.168 is hereby amended to read as follows:
240.168 The following certificate is sufficient for attesting a copy of a
document:
State of................
County of.............
I certify that this is a true and correct copy of a document in the
possession of.......................(name of person who presents the
document)...................
Dated................
.........................................
(Signature of notarial officer)
(Seal, if any)
.........................................
(Title and rank (optional))
[My commission expires (optional): )]
Sec. 17. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers must be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the
United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be
entitled.
(f) Justices of the supreme court.
(g) District judges.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who is ex officio clerk of the board of county
commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by
law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who is ex officio county auditor of his
county if a county comptroller has not been appointed in his county.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. [The following officers must be appointed:
(a) Commissioners of deeds for the respective states and territories of
the United States and foreign countries.
(b)] All officers who are not elected[.] must be appointed.
Sec. 18. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers must be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the
United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be
entitled.
(f) Five justices of the supreme court.
(g) District judges.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who is ex officio clerk of the board of county
commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by
law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who is ex officio county auditor in counties
in which a county comptroller has not been appointed.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. [The following officers must be appointed:
(a) Commissioners of deeds for the respective states and territories of
the United States and foreign countries.
(b)] All officers who are not elected[.] must be appointed.
Sec. 19. NRS 281.4365 is hereby amended to read as follows:
281.4365 1. “Public officer” means a person elected or appointed to
a position which is established by the constitution of the State of Nevada,
a statute of this state or an ordinance of any of its counties or incorporated
cities and which involves the exercise of a public power, trust or duty. As
used in this section, “the exercise of a public power, trust or duty”
includes:
(a) Actions taken in an official capacity which involve a substantial and
material exercise of administrative discretion in the formulation of public
policy;
(b) The expenditure of public money; and
(c) The enforcement of laws and rules of the state, a county or a city.
2. “Public officer” does not include:
(a) Any justice, judge or other officer of the court system;
(b) [A commissioner of deeds;
(c)] Any member of a board, commission or other body whose function
is advisory;
[(d)] (c) Any member of a board of trustees for a general improvement
district or special district whose official duties do not include the
formulation of a budget for the district or the authorization of the
expenditure of the district’s money; or
[(e)] (d) A county health officer appointed pursuant to NRS 439.290.
Sec. 20. NRS 240.170, 240.180, 240.190, 240.200, 240.210, 240.220
and 240.230 are hereby repealed.
Sec. 21. 1. This section and sections 1 to 17, inclusive, 19 and 20 of
this act become effective on October 1, 2001.
2. Section 17 of this act expires by limitation on the date on which the
qualified electors of this state approve a constitutional amendment that
establishes an intermediate court of appeals within the State of Nevada.
3. Section 18 of this act becomes effective on the date on which the
qualified electors of this state approve a constitutional amendment that
establishes an intermediate court of appeals within the State of Nevada.
20~~~~~01