LEGISLATION State: Nevada Signed: May 29, 2013 Effective: October 01, 2013 Chapter: 264 Summary SB 419 authorizes Notaries Public in good standing with the Secretary of State to apply for a certificate of permission to perform marriages with the clerk of the county in which the Notary resides. Upon being granted a certificate, the Notary may perform marriages for any couple who presents a valid marriage license issued by any clerk of a Nevada county. In addition, SB 419 allows Notaries to apply with the county clerk up to five times per year to perform a specific marriage. The authority to perform a specific marriage would be for those Notaries who have not applied for a certificate of permission to perform marriage ceremonies. Affects Amends Sections 122.006, 122.030, 122.050, 122.062, 122.064, 122.066, 122.0665, 122.068, 122.071, 122.090, 122.110, 122.120, 122.181, 122.185, 122.220, 4.060, 240.100 and 240.150 of the Nevada Revised Statutes Changes Authorizes Notaries in good standing with the Secretary of State to perform marriage ceremonies if a couple presents a valid marriage license obtained from the county clerk of any county in Nevada. Requires Notaries who want to perform marriage ceremonies to apply for a certificate of permission with the county clerk of the county in which the Notary resides. Provides that the initial application submitted by a Notary to the county clerk for a certificate of permission must: (a) be in writing; (b) include the date of the appointment of the Notary by the Secretary of State; (c) be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed and in good standing with the Secretary; (d) include the Notary’s Social Security number; and (e) include a $25 application fee. Requires the county clerk to refuse to issue a certificate of permission if the appointment of the Notary is suspended or revoked and states the clerk may refuse to issue a certificate of permission if the Notary has committed any violations of NRS chapter 240. Provides that the county clerk with whom an application for certificate of permission to perform marriages is filed may require an investigation of the Notary’s background and present activities, and require the Notary to pay for the background screening. Provides that the county clerk not later than 30 days after issuing a certificate of permission to a Notary, must submit to the Secretary of State the name of the Notary to whom the certificate has been issued. Provides that if a Notary who holds a certificate of permission changes his or her mailing address, the Notary must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036. Provides that a certificate of permission is valid until the appointment as a Notary has expired or has been canceled, revoked or suspended. Provides that if the county clerk in the county where the certificate of permission was issued has reason to believe that the Notary is no longer in good standing with the Secretary of State or that the Notary’s appointment has expired, the county clerk may require satisfactory proof of the good standing of the Notary, and, if such proof is not presented within 15 days, the county clerk shall revoke the certificate of permission by amending the electronic record of the Notary in the statewide database. Requires a Notary granted a certificate of permission to comply with the laws of Nevada governing the solemnization of marriage and conduct of Notaries. Provides that after the expiration of the Notary’s appointment and upon reception of a new appointment, the Notary may reapply for a certificate of permission to perform marriages, without charge, if the reapplication occurs within 3 months after the expiration of the previous Notary appointment. Provides that if any Notary to whom a certificate of permission has been issued moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such move. Directs the Secretary of State to include Notaries who are approved to perform marriage ceremonies in the statewide directory of officials authorized to perform marriages. Provides that a Notary may submit to the county clerk in the county in which a marriage is to be performed an application to perform a “specific marriage” in the county, and further provides that the application must: (a) Include the full names and addresses of the persons to be married; (b) include the date and location of the marriage ceremony; (c) include the information and documents required pursuant to subsection 1 of NRS 122.064; and (d) be accompanied by an application fee of $25. Provides that a county clerk may grant authorization to perform a “specific marriage” to a Notary Public, if the Notary is in good standing with the Secretary of State. Provides that a Notary may not receive more than 5 authorizations to perform a specific marriage ceremony in the same year and the Notary must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of NRS chapter 122 governing the conduct of Notaries Public to the same extent as if he or she had obtained a certificate of permission to perform marriages. Provides that a Notary may charge $75 to perform a marriage. Provides that after a marriage is solemnized, the Notary shall give to each couple being married a certificate of marriage. Provides that any Notary marries a couple without the couple presenting a valid marriage license is guilty of a misdemeanor. Provides that if the Secretary of State revokes the commission of a Notary, the Secretary must notify the county clerk who issued the 1. Authorizes Notaries in good standing with the Secretary of State to perform marriage ceremonies if a couple presents a valid marriage license obtained from the county clerk of any county in Nevada. Analysis Senate Bill 419 was the result of a lawsuit filed by the American Civil Liberties Union against Clark County Clerk Diana Alba in 2007 concerning the constitutionality of allowing marriages to be performed by ministers and not by sectarian individuals. Ms. Alba has been trying to resolve that lawsuit by coming up with a compromise and the compromise was to seek the legislature to authorize Notaries Public to perform marriages. The ACLU pledged to drop the lawsuit if SB 419 became law. SB 419 authorizes Notaries Public in good standing with the Secretary of State to apply for a certificate of permission to perform marriages with the clerk of the county in which the Notary resides. Upon being granted a certificate, the Notary may perform marriages for any couple who presents a valid marriage license issued by any clerk of a Nevada county. In addition, SB 419 allows Notaries to apply with the county clerk up to five times per year to perform a specific marriage. The Notary applying to perform a specific marriage must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of NRS 122 governing the conduct of Notaries Public in relation to performing marriages to the same extent as if he or she had obtained a certificate of permission to perform marriages. Read the bill text.

LEGISLATION State: Nevada Signed: June 01, 2013 Effective: January 01, 2014 Chapter: 293 Summary Assembly Bill 99 introduced the Revised Uniform Law on Notarial Acts (RULONA) as adopted by the Uniform Law Commission, but a significant amendment put forward by the Secretary of State kept only certain sections the Secretary’s office thought were most necessary. Affects Adds as yet uncodified sections to and amends Sections 240.001, 240.065, 240.120, 240.1635, 240.165 and 240.1655.1 of the Nevada Revised Statutes Changes Defines “domestic partner,” “Notary Public,” “person” and “state.” Prohibits a Notary from notarizing if the signer of the document acknowledged, sworn to, witnessed or attested is the domestic partner of the Notary, or a relative of the Notary’s domestic partner by marriage or consanguinity. Related to the prohibition against notarizing for relatives, clarifies that a grandparent, parent, brother, sister, half-brother, half-sister, stepbrother or stepsister of the domestic partner of the Notary, and a natural born child, stepchild or adopted child of a sibling or half sibling of the domestic partner of the Notary are properly considered a “relative.” Prohibits a notarial officer other than a Notary Public from performing a notarial act with respect to a record to which the officer or the officer’s domestic partner is a party or in which either of them has a direct beneficial interest in the document acknowledged, sworn to, witnessed or attested. Prohibits a Notary Public from performing a notarial act if the notarial act is prohibited by NRS 240.001 to 240.169, inclusive, and clarifies that a notarial act so performed is voidable. In addition to prohibiting a Notary from notarizing if the Notary executed or is named in the document acknowledged or sworn to, prohibits a Notary from notarizing if the Notary executed or is named in the instrument witnessed or attested. Clarifies that a notarial officer has personal knowledge of the identity of a person appearing before the notarial officer if the person is personally known to the officer through dealings sufficient to provide reasonable certainty that the person has the identity claimed. Clarifies that a credible witness who identifies a document signer must appear before the Notary or notarial officer. Adds the requirement that a signer must be an employer or coworker of the Notary and the notarial act must relate to a transaction performed in the ordinary course of the person’s business for the Notary not to require the person to sign the Notary’s journal as provided in NRS 240.120(3). Provides that a notarial certificate must be signed in the same manner as the signature of the notarial officer that is on file with the Secretary of State. Provides that if a person is physically unable to sign a document that is presented to a notarial officer, the person may direct a person other than the notarial officer to sign the person’s name on the document. The notarial officer must insert “Signature affixed by (insert name of other person) at the direction of (insert name of person)” or words of similar import. Authorizes a notarial act to be performed by a person authorized to perform that specific notarial act by the law of a federally recognized Indian tribe or nation. Clarifies that a person authorized to perform notarial acts by the law of a federally recognized Indian tribe or nation is not required to keep a journal. Provides that a notarial act has the same effect under the law of Nevada as if performed by a Nevada notarial officer if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by a person authorized by federal law to perform notarial acts, or a person authorized by the law of a federally recognized Indian tribe or nation to perform notarial acts. Makes technical corrections. Analysis Assembly Bill 99 introduced the Revised Uniform Law on Notarial Acts (RULONA) as adopted by the Uniform Law Commission, but a significant amendment put forward by the Secretary of State’s office gutted most the RULONA provisions, keeping in only certain sections the Secretary’s office thought were most necessary, while ensuring that the bill would not significantly alter Nevada’s Notary laws. AB 99 retains the RULONA definition of personal knowledge of identity and provisions related to notarizations performed by persons who are members of a federally-recognized Indian tribe. The amendment also added to the already strong disqualifying interest provisions in current statute a prohibition against the Notary notarizing a document for a domestic partner or relative of a domestic partner. (Note: The RULONA has bracketed language prohibiting a notarial officer from notarizing for a civil partner, but it leaves it up to the states whether to adopt this provision.) A couple of other interesting provisions in the bill are ones that require a credible witness identifying a document signer to be present before a Notary Public, and a further requirement to a statute allowing a Notary to omit obtaining the signature of a person in the Notary’s journal. Currently, a Notary is required to have a signer sign the journal unless the Notary has performed a notarial act for the person within the previous 6 months and has personal knowledge of the identity of the person. AB 99 adds the further conditions that the person must also be an employer or coworker of the Notary and that the notarial act must relate to a transaction performed in the ordinary course of the person’s business.

LEGISLATION State: Nevada Signed: June 12, 2013 Effective: March 01, 2014 Chapter: 535 Summary AB 74 puts in place a statutory framework for the registration and oversight of persons, including Notaries Public, who provide document preparation services. These services are used by individuals who for cultural, financial and other reasons cannot or choose not to hire an attorney to help them with their legal needs. The new law is meant to legitimize the proper offering of such services and also provide protections for persons who are harmed by document preparation service professionals. Affects Amends Section 240.018 and adds as yet uncodified sections to the Nevada Revised Statutes Changes Defines “document preparation service” as any person who, for compensation and at the direction of a client, provides advice or assistance to the client in a legal matter, including, without limitation, preparing or completing a pleading or other document for the client, translating an answer to a question posed in such a document; securing any supporting document, such as a birth certificate, required in connection with the legal matter; or submitting a completed document on behalf of the client to a court or administrative agency. Lists persons who do not fall under the definition of engaging in document preparation services (e.g., an attorney, etc.). Defines “legal matter” to mean the preparation of any will or trust; any proceeding, filing or action affecting the immigration or citizenship status of a person and arising under immigration and naturalization law, an executive order or presidential proclamation, or an action of the United States Citizenship and Immigration Services of the Department of Homeland Security, the United States Department of State or the United States Department of Labor; or any proceeding, filing or action otherwise affecting the legal rights, duties, obligations or liabilities of a person. Provides that any person engaged in the business of providing document preparation services must register with the Secretary of State and provides requirements for registration. Requires a person registering to perform document preparation services to file a cash or surety bond in the amount of $50,000 with the Secretary of State and provides requirements for the surety bond. Sets certain procedures for advertising and establishing the relationship with a client for whom one performs document preparation services. Prohibits a person offering document preparation services from using in any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, the term “legal aid,” “legal services,” “law office,” “notary public,” “notary,” “licensed,” “attorney,” “lawyer” or any similar term, in English or in any other language, which implies that the registrant: (a) offers services without charge if the registrant does not do so; or (b) is an attorney authorized to practice law in this State. Provides a list of prohibited acts for document preparation service professionals. Authorizes the Secretary of State to publish regulations governing document preparation services. Gives the Secretary investigative authority to investigate violations of the statutes governing document preparation services and provide the Secretary with means for redressing the violations. Classifies certain violations of the statutes governing document preparation services as crimes and establishes punishment for those crimes. Analysis AB 74 was introduced when the bill sponsor began to notice that a bulk of the calls coming into her office from constituents were complaints either about service received from attorneys or from legal document preparers. The document preparers were oftentimes Notaries or “Notarios Publico,” multi-servicios, and paralegals. These services advertise in all kinds of different ways and for all kinds of different services including divorces, immigration, bankruptcy, and others. They are registered agents who are creating limited-liability companies (LLCs) and doing business transactions. When transactions involving document preparation services went badly, the bill sponsor had nowhere to send constituents. She referred a case involving a gentleman to the Attorney General who used such services and paid over $60,000 to an organization that did absolutely nothing for him. However, it should be noted that businesses and individuals offering document preparation assistance services also fulfill a legitimate need, as many cannot afford to pay an attorney for legal services. AB 74 puts in place a statutory framework for the registration and oversight of such document preparation services. The states of California and Arizona have similar provisions. Read the bill text.

RULE/REGULATION State: Nevada Signed: March 28, 2014 Effective: March 28, 2014 Chapter: N/A Summary Administrative Regulation R116-13 touches on various matters related to Notary practice. A Notary may note that a signer was “personally known” in the journal if the Notary has personal knowledge of the signer. The regulation explains how the Secretary of State will interpret the phrase “secure location” in the statute related to storing a Notary’s stamp and journal and how the Secretary will deem a document that requires the signer to provide information within blank spaces to be filled out. The regulation provides rules for fingerprinting of Notary Public commission applicants and authorizes a fee to be charged for fingerprinting. The regulation provides rules for notarizing the signature of a person unable to sign and provides the wording for a certificate of acknowledgment to be used in the circumstance. The regulation provides rules for a Notary charging a fee to perform marriages. Finally, the regulation repeals rules related to certified court reporters. Affects Adds an as yet uncodified new sections to Chapter 240 of the Nevada Administrative Code Changes Provides that Notary may note that a signer was “personally known” in the Notary’s journal if the Notary has personal knowledge of the signer. Clarifies that the Secretary of State will interpret the phrase “secure location” related to storing a Notary’s stamp and journal to include, without limitation: (a) in the sole possession of the Notary; or (b) a locked location over which the Notary has sole control. Provides for the purposes of NRS 240.075(9), the Secretary will deem a document that requires the signer to provide information within blank spaces to be filled out completely if the signer: (a) provides information to complete each blank space; or (b) designates a blank space as not applicable or draws a line through the blank space if information to complete the blank space is not available. Provides that if a document contains any blank signature line that is designated for an additional signer but the remainder of the document, exclusive of any such blank signature line, satisfies the requirements of #3 above, the Secretary will deem the document to be filled out completely if it is clear that the notarization does not apply to any such blank signature line. Provides that an applicant for a Notary commission must submit a complete set of fingerprints and written permission authorizing the Secretary to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report and authorizes the Secretary to charge a fee in an amount equal to the sum of the amounts charged for processing the fingerprints. Requires a person who is physically unable to sign a document and directs a person other than a notarial officer to sign the person’s name on the document pursuant to NRS 240.1655 and the third party directed to sign the individual’s name to appear before the notarial officer at the time the document is signed. Provides the wording for the certificate of acknowledgment that is sufficient for a notarial officer notarizing the signature of a person unable to sign who directs a third party to sign. Provides that a Notary may only charge the fee set forth in NRS 240.100 for performing a marriage ceremony if the Notary possesses a valid certificate to perform marriages pursuant to NRS 122.064. Clarifies that a Notary who charges a fee for performing a marriage and does not have a valid certificate to perform marriages issued to the Notary may have his or her appointment as a Notary suspended or revoked by the Secretary in accordance with NRS 240.150. Repeals prior administrative regulation related to certified court reporters having limited notarial powers. Analysis The Nevada Revised Statutes give the Secretary of State authority to adopt regulations related to the appointment of Notaries Public (NRS 240.017). In 2011, legislation was enacted to require Notaries to submit fingerprints when qualifying for a commission, if the Secretary required them. With the new regulations effective March 28, 2014, the Secretary will be requiring fingerprints to be submitted. This new regulation also touches on various matters related to Notary practice. A Notary may note that a signer was “personally known” in the journal if the Notary has personal knowledge of the signer. The regulation explains how the Secretary of State will interpret the phrase “secure location” in the statute related to storing a Notary’s stamp and journal and how the Secretary will deem a document that requires the signer to provide information within blank spaces to be filled out. These interpretations will guide the Secretary in investigations and proceedings against Notaries who violate these provisions. The regulation provides rules for notarizing the signature of a person unable to sign – namely, that both the person who cannot sign and the third party signing for the person must be physically present before the Notary or notarial officer at the time the signature is made by the third party – and provides the wording for a certificate of acknowledgment to be used in the circumstance. The regulation provides rules for a Notary charging a fee to perform marriages, but only if the Notary possesses a valid certificate to perform marriages pursuant to NRS 122.064. Finally, the regulation repeals rules related to certified court reporters. Read the regulation text.

LEGISLATION State: Nevada Signed: June 04, 2015 Effective: June 04, 2015 Chapter: 337 Summary Assembly Bill 128 creates a power of attorney for health care for persons with an intellectual disability, as defined. Affects Amends Chapter 162A of the Nevada Revised Statutes. Changes Allows an individual with an intellectual disability, as defined, to execute a power of attorney for health care. Defines "intellectual disability" as significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. Requires a power of attorney for health care signed by a person with an intellectual disability to be acknowledged before a Notary or signed by two adult witnesses. Requires a Notary who notarizes a power of attorney for an individual with an intellectual disability to declare under penalty of perjury in the certificate of acknowledgment that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence. Sets forth examples of a form for a power of attorney for health care for adults with intellectual disabilities. Analysis Assembly Bill 128 creates a power of attorney for health care for persons with an intellectual disability, as defined. The power may be executed by being witnessed by two witnesses or by acknowledgment before a Notary or notarial officer. It is important to point out that although a person may have an intellectual disability, at the time the person acknowledges his or her signature to the Notary the person must appear to the Notary to be of sound mind and under no duress, fraud or undue influence. The Notary's certificate of acknowledgment requires the Notary to sign under penalty of perjury that this is so. Read the bill text.

LEGISLATION State: Nevada Signed: June 09, 2015 Effective: June 09, 2015 Chapter: 449 Summary Senate Bill 401 adds additional advertising restrictions for Notaries who are not attorneys and for document preparation service registrants (who are often also Notaries), requires applicants for a Notary commission or registration as a document preparation service provider to make an additional declaration when applying for a Notary commission or registration as a document preparation service provider, and clarifies that any consumer member of the public may file a complaint against Notaries or document preparation service providers who violate the laws applicable to Notaries and document preparation service providers. Affects Amends Sections 240.010, 240.030, 240.085, 240A.100, 240A.240, 240A.240, and 240A.260 of the Nevada Revised Statutes. Changes Prohibits Notaries who are not attorneys from using of the term "licenciado" or any other equivalent non-English term in any form of communication that advertises his or her services as a Notary, including, without limitation, a business card, stationery, notice and sign. (Note: this provision takes effect October 1, 2015). Prohibits a registrant performing document preparation services from using the terms "notario," "notario publico," and "licenciado" or similar term in English, Spanish or any other language which would imply the registrant offers services without charge if the registrant does not do so or is not an attorney authorized to practice law in Nevada. (Note: This provision takes effect October 1, 2015). Provides it is unlawful for a person to violate any provision of Chapter 240, NRS, including, without limitation, the provisions of NRS 240.085. Provides that any person who is aware of a violation of Chapter 240, NRS, by a Notary or a person applying for appointment as a Notary, or a violation of Chapter 240A, NRS, by a document preparation services registrant or a person applying for registration as a document preparation services, may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint. Requires an applicant for a Notary commission and a registrant for a license to perform document preparation services to submit to the Secretary of State a declaration under penalty of perjury stating that the person has not had an appointment as a Notary (or registration to perform document preparation services) revoked or suspended in Nevada or any other state or territory of the United States. Analysis Senate Bill 401 authorizes any person who is aware of a violation of existing law governing Notaries and document preparation services to file a complaint with the Secretary of State. SB 401 also requires an applicant for appointment as a Notary or registration as a document preparation service to provide with his or her application a declaration under penalty of perjury stating that the applicant has never had an appointment as a Notary public, or certificate or license as a document preparation service, as applicable, revoked or suspended in Nevada or any other state or territory. SB 401 adds the term “licenciado” to the list of terms prohibited to be used in an advertisement if a Notary is not also an attorney licensed in Nevada, and similarly prohibits document preparation services from using terms that may mislead a consumer into believing that a document preparation service is a licensed attorney, if such is not the case. Read the bill text.

LEGISLATION State: Nevada Signed: May 27, 2015 Effective: July 01, 2015 Chapter: 199 Summary AB 65 amends the laws related to Notaries Public, documentation preparation services and the issuance of authentications by the Secretary of State. Affects Amends Sections 240.010, 240.015, 240.018, 240.075, 240.085, 240.150, 240.1657, 240.195, 240A.030, 240A.100, 240A.110, 225.083, and adds a new as yet uncodified section to Chapter 240A of the Nevada Revised Statutes Changes Notary Public Provisions Clarifies that convictions prohibiting a person from appointment as a Notary include a conviction that follows a plea of nolo contendere or no contest. Prohibits the Secretary of State from appointing a person as a Notary public whose previous appointment as a Notary public in Nevada or another state has been revoked for cause. Expands prohibition against a person representing him- or herself as a Notary if the person has not been appointed as a Notary to include those persons whose appointment has expired or been suspended or revoked, and provides a civil penalty for such a violation. Shortens the mandatory course required to become a Notary from 4 hours to 3 hours and requires an examination, Requires a person renewing his or her appointment as a Notary to retake the mandatory education course. Allows the Secretary of State to require a Notary who has violated any provision of chapter 240 of NRS to retake the mandatory education course. Authorizes the Secretary of State to use an outside vendor to administer the course and examination. Makes similar conforming changes to the mandatory course and examination requirements for an electronic Notary. Prohibits a notary public from affixing his or her stamp to any document which does not contain a notarial certificate. Extends this prohibition against use of the term “notario” or “notario publico” in any signage or advertisement by a Notary who is not also an attorney licensed to practice law in Nevada to the employers of notaries public, and requires the imposition of a civil penalty for violating such a prohibition. Documentation Preparation Service Provisions Allows a person who holds employment authorization from the United States Citizenship and Immigration Services to register as a documentation preparation service. Provides that an application for registration as a documentation preparation service that is not completed within 6 months must be denied. Prohibits the Secretary of State from registering as a document preparation service any person whose previous registration as a document preparation service in this State or another state has been revoked for cause. Clarifies which nonprofit organizations are not required to register as a documentation preparation service and adds collection agencies to the list of such persons. Repeals the existing requirement that a document prepared by a documentation preparation service must include the name, address, phone number and registration number of the document preparation service, but requires a document preparation service to provide this information on any document on which the information is requested. Authorizes the Secretary of State to inspect the documents required to be maintained by document preparation services to ensure compliance with the law. Provisions Related to Authentications and Document Filings Requires a request for authentication to include a statement signed under penalty of perjury that the document will not be used to: (1) harass a person; or (2) accomplish any fraudulent, criminal or other unlawful purpose. Prohibits bringing a civil action against the Secretary of State on the basis that: (1) the Secretary of State has issued an authentication; and (2) the document has been used to harass a person or accomplish any fraudulent, criminal or other unlawful purpose. Provides that a person who uses a document for which an authentication has been issued by the Secretary of State for such unlawful purposes is guilty of a category C felony. Authorizes the Secretary of State also to adopt regulations prescribing procedures to prevent the filing of documents in his or her office that: (1) are fraudulent; (2) contain a false statement of material fact; or (3) are filed for the purpose of harassing or defrauding a person. Analysis Assembly Bill 65 revises several laws related to Notaries and documentation preparation services, and the filing of documents with the Secretary of State's office. The Notary provisions comprise the substantive portion of the new law. Most notable new provisions are the scaling back of the mandatory education course from 4 to 3 hours, requiring Notaries renewing their appointments to take the course and adding a mandatory examination to the course requirement. Notable also are provisions prohibiting a Notary from affixing a Notary seal to a document that does not contain a notarial certificate and applying the very same penalties against Notaries who are not attorneys for use of the term “notario” or “notario publico” to their employers as well. Since the Secretary of State's office registers documentation preparation services, low-cost legal services provided by persons who are not attorneys to consumers at their specific direction, and also since many persons providing these services are Notaries, we inlcude the provisions of AB 65 that relate to these services. Finally, AB 65 also reforms the law related to authentications of notarized documents issued by the Secretary of State's office. Read the bill text.

LEGISLATION State: Nevada Signed: June 10, 2015 Effective: October 01, 2015 Chapter: 514 Summary Senate Bill clarifies that if a notarial officer signing a certificate is a Notary Public, the Notary must sign with the name as on file with the Secretary of State. Affects Amends Nevada Revised Statutes Section 240.1655 Changes Clarifies that if a notarial officer signing a certificate is a Notary Public, the Notary must sign with the name as on file with the Secretary of State. Analysis Senate Bill 446 clarifies that if a notarial officer signing a certificate is a Notary Public, the Notary must sign with the name as on file with the Secretary of State. Previously, the provision applied to any notarial officer. In Nevada, that could be a judge, clerk, or deputy clerk of a court, or a justice of the peace. Now, the provision applies only to Notaries Public. Read the bill text.

LEGISLATION State: Nevada Signed: May 26, 2017 Effective: May 26, 2017 Chapter: 154 Summary Senate Bill 50 creates an advance directive for psychiatric care requiring the signatures of the principal and witnesses to be sworn to and signed before a Notary. Affects Amends Chapter 449 of the Nevada Revised Statutes Changes Authorizes a person of sound mind and 18 or more years of age to execute an advance directive for psychiatric care directing any provider of health care or an agent of the person's choice on how he or she wishes psychiatric care to be provided in the event that he or she is incapable of making decisions concerning such care or communicating such decisions. Requires the principal and witnesses' signatures on the advance directive for psychiatric care to be notarized. Provides a statutory form, including the notarial certificate, for an advance directive for psychiatric care. Analysis More and more states are enacting specific power of attorney and advance health care directive laws allowing individuals to create a specific power of attorney or directive for psychiatric care. Senate Bill 50 enacts such a provision in Nevada. Read the bill text.

LEGISLATION State: Nevada Signed: June 05, 2017 Effective: June 05, 2017 Chapter: 391 Summary Senate Bill 398 defines "blockchain" technology and clarifies that it is an electronic record under the Uniform Electronic Transactions Act (UETA). Affects Adds a new as yet uncodified section to Chapter 719 of the Nevada Revised Statutes, and amends Sections 719.020 and 719.090. Changes Defines "blockchain" as an electronic record of transactions or other data which is: (a) uniformly ordered; (b) redundantly maintained or processed by one or more computers or machines to guarantee the consistency or nonrepudiation of the recorded transactions or other data; and (c) validated by the use of cryptography. Recognizes "blockchain" technology as a type of electronic record under the Uniform Electronic Transactions Act. Analysis "Blockchain" technology has been around for about a decade or so and is the technology behind "bitcoin," a form of digital currency. In the hearing on the bill before the Nevada Senate Judiciary Committee, Don Tapscott,, author of Blockchain Revolution, was quoted with this description of the blockchain. "The blockchain is basically a distributed database. Think of a giant, global spreadsheet that runs on millions and millions of computers. It’s distributed. It’s open source, so anyone can ... see what’s going on. It’s truly peer to peer; it doesn’t require powerful intermediaries to authenticate or to settle transactions. ... [The blockchain is] an immutable, unhackable distributed database of digital assets. This is a platform for truth, and it’s a platform for trust. The implications are staggering, not just for the financial-services industry but also right across virtually every aspect of society." Supporters of the bill wanted to legitimize blockchain technology by its specific mentioning in the statute. The NNA wonders why there is a need for bills like this, because blockchain records already meet the definition of "electronic record" under the Uniform Electronic Transactions Act. Read the bill text. The blockchain is basically a distributed database. Think of a giant, global s preadsheet that runs on millions and millions of computers. It’s distributed. It’s open source, so anyone can ... see what’s going on. It’s truly peer to peer; it doesn’t require powerful intermediaries to authenticate or to settle transactions. ... [The

LEGISLATION State: Nevada Signed: May 08, 2017 Effective: July 01, 2017 Chapter: 15 Summary Assembly Bill 476 makes several changes to Nevada's electronic notarization statutes. Affects Amends Sections 240.020, 240.033, 240.185, 240.196 and 204.205 and repeals section 240.193 of the Nevada Revised Statutes. Changes Clarifies that an appointment as an electronic Notary does not authorize the electronic Notary to perform notarial acts in another state. Authorizes an electronic Notary to certify a true and correct copy. Requires that the bond filed by an electronic Notary to provide indemnification to a person determined to have suffered damage as a result of the electronic Notary ’s violation of the statutes governing electronic Notaries, in addition to those statutes governing Notaries generally. Requires a request for authentication of an electronic notarial act to include a statement signed under penalty of perjury that the document will not be used to (1) harass a person; or (2) accomplish any fraudulent, criminal or other unlawful purpose. Prohibits the bringing of a civil action against the Secretary of State on the basis that (1) the Secretary of State has issued such an authentication; and (2) the document has been used to harass a person or accomplish any fraudulent, criminal or unlawful purpose. Provides that a person who uses a document for which an authentication has been issued for an unlawful purpose is guilty of a category C felony. Analysis Assembly Bill 476 changes Nevada's Electronic Notarization Authentication Act in several respects. Now, a commission as an electronic Notary does not authorize the electronic Notary to perform notarial acts in other states, no doubt a reaction to the Virginia law allowing electronic Notaries to notarize anywhere in the world. The bond of a Notary must indemnify persons for electronic notarial acts in addition to regular notarial acts. Sureties may be required to revise their existing bond forms to accommodate this change. AB 476 also contains reforms related to requests for and the issuance of authentications and apostilles. Note: After AB 476 was enacted, AB 413 amended Sections 4, 5, 6, 8, and 9 by deleting them. This New Law Update has been revised to reflect these later amendments. Read the bill text. Download PDF

LEGISLATION State: Nevada Signed: June 01, 2017 Effective: October 01, 2017 Chapter: 284 Summary Assembly Bill 148 increases penalties for certain offenses by Notaries and document preparation services. Affects Adds a new section to Chapter 240 and amends Sections 244.001, 240.085, 240.1456, 240.155, 240A.100, 240A-290 of the Nevada Revised Statutes. Changes Increases the criminal penalty to a category D felony for any Notary who violates the provisions related to advertising and use of “Notario” in NRS 240.085 (1) and (2). Provides that a person who willfully violates a provision of NRS 240.001 to 240.169, or a regulation or order adopted or issued for these statutes, is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to a person. Clarifies that unless a greater penalty is provided under the new statute in NRS 240 (#2 above), a Notary who is found guilty in a criminal prosecution of violating NRS 240.085(1) and (2) shall be punished by a fine of not more than $2,000. Clarifies that unless a greater penalty is provided under the new statute in NRS 240 (#2 above), an employer of a Notary who is found guilty in a criminal prosecution of violating NRS 240.085(5) shall be punished by a fine of not more than $2,000. Clarifies that unless a greater penalty is provided under the new statute in NRS 240 (#2 above), any person who is violates NRS 240.145(1) is guilty of a gross misdemeanor. Clarifies that unless a greater penalty is provided under the new statute in NRS 240 (#2 above), any person who is violates NRS 240.155(1) or aids and abets a Notary to commit a violation of NRS 240.155(1) is guilty of a gross misdemeanor. Prohibits the Secretary of State from registering as a document preparation service any person who has previously been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to a category D felony pursuant to NRS 240A.290. Provides that a person who willfully violates a provision of NRS Chapter 240A, or a regulation or order adopted or issued for these statutes, is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to a person. Provides for the payment of restitution to persons injured by certain violations by document preparation services. Makes conforming changes. Analysis Assembly Bill 148 toughens several penalties in the statutes governing Notaries and document preparation services. The tougher penalties for Notaries and employers of Notaries are in those sections of the law dealing with advertising Notary services in a foreign language and use of prohibited terms such as "notario." Additionally, the greater category D felony applies to a Notary who willfully notarizes the signature of any person who is not in the presence of the Notary and is not properly identified by the Notary. The category D penalty for document preparation services, which are essentially individuals or businesses that provide non-legal services to the public, covers any violation in Chapter 240A. Read the bill text.