AB72 - Revises provisions relating to notaries public and document preparation services. (BDR 19-485)

- 83rd Session (2025) Assembly Bill No. 72–Committee on Government Affairs CHAPTER.......... AN ACT relating to public affairs; authorizing the Secretary of State to adopt a code of professional responsibility for notaries public; authorizing a notarial officer to refuse to perform a notarial act under certain circumstances; revising the procedure for filing cash bonds or surety bonds covering document preparation services; prohibiting a registrant to engage in the business of a document preparation service from engaging in such business for or under an entity that is not covered by such a bond; providing that certain information and documents obtained during an investigation of a document preparation service is confidential; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the Secretary of State to adopt regulations: (1) prescribing the procedure for the appointment and mandatory training of a notary public; and (2) establishing procedures for the notarization of digital and electronic signatures. (NRS 240.017) Section 2 of this bill additionally authorizes the Secretary of State to adopt regulations establishing a code of professional responsibility for notaries public. Section 4 of this bill authorizes the Secretary of State to impose certain sanctions against a notary public who violates any regulation adopted pursuant to the provisions of existing law governing notaries public, including, without limitation, any code of professional responsibility adopted pursuant to section 2. In addition, under existing law, a person who willfully violates such a code would be guilty of a category D felony if irreparable harm results. (NRS 240.175) Existing law prohibits certain acts by a notary public. (NRS 240.075) Section 3 of this bill authorizes a notarial officer to refuse to perform a notarial act if the notary officer is not satisfied that: (1) the person executing the document is competent or has capacity to execute the document; or (2) the persons signature is not knowingly and voluntarily made. Section 3 further authorizes a notarial officer to refuse to perform a notarial act under other circumstances where such refusal is not prohibited. Existing law authorizes an electronic notary public to perform electronic notarial acts using audio-video communication if the electronic notary public is physically present in the State. (NRS 240.198, 240.1993) Section 5 of this bill clarifies that an electronic notary public is prohibited from performing an electronic notarial act unless he or she is present in the State. Under existing law, the Secretary of State would be authorized to impose sanctions against a notary public who violates the provisions of section 5. (NRS 240.150) Existing law generally requires a person who is registered to provide document preparation services to file with the Secretary of State a cash bond or surety bond to indemnify persons injured by certain acts or omissions by the registrant. (NRS 240A.120) However, existing law: (1) authorizes a business entity that has one or more employees who perform document preparation services to file such a bond on – 2 – - 83rd Session (2025) behalf of all such employees; and (2) exempts the employees of a business entity that files such a bond from the requirement to file their own bonds. (NRS 240A.123) Sections 5.3-5.7 of this bill authorize a registrant who performs document preparation services under more than one business entity to file one bond for each such business entity and establish the amount of such a bond on the number of business entities under which the registrant performs document preparation services. Section 8 of this bill makes a conforming change to allow a registrant to perform document preparation services under multiple entities under one bond. Sections 9 and 9.5 of this bill authorize a business entity to file such a bond on behalf of its independent contractors who provide document preparation services. Sections 6 and 7 of this bill require an applicant for the issuance or renewal of registration as a document preparation service to provide a list of each entity under which the applicant intends to perform document preparation services during the following calendar year. Section 10 of this bill prohibits a registrant from engaging in the business of a document preparation service for or under any entity for which a bond has not been filed. Under existing law, a registrant who violates that prohibition would be subject to certain administrative sanctions. (NRS 240A.270) Additionally, a registrant who willfully violates that prohibition is subject to certain criminal penalties. (NRS 240A.290) Existing law authorizes the Secretary of State to conduct or cause to be conducted an investigation if the Secretary of State obtains information that a provision of law, regulation or order relating to document preparation services has been violated. (NRS 240A.260) Sections 1 and 11 of this bill make information and documents obtained by or filed with the Secretary of State in connection with an investigation confidential. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 239.010 is hereby amended to read as follows: 239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, – 3 – - 83rd Session (2025) 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 240A.260, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, – 4 – - 83rd Session (2025) 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the – 5 – - 83rd Session (2025) federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law. 2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted. 3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential. 4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if: (a) The public record: (1) Was not created or prepared in an electronic format; and (2) Is not available in an electronic format; or (b) Providing the public record in an electronic format or by means of an electronic medium would: (1) Give access to proprietary software; or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential. 5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record: (a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium. (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself. Sec. 2. NRS 240.017 is hereby amended to read as follows: 240.017 The Secretary of State: 1. May adopt regulations: (a) Prescribing the procedure for the appointment and mandatory training of a notary public. – 6 – - 83rd Session (2025) (b) Establishing procedures for the notarization of digital or electronic signatures. (c) Establishing a code of professional responsibility for notaries public. 2. Shall adopt regulations prescribing the form of each affidavit required pursuant to subsection 2 of NRS 240.030. Sec. 3. NRS 240.075 is hereby amended to read as follows: 240.075 1. A notary public shall not: [1.] (a) Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public. [2.] (b) [Text truncated for display. 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