Legislation
State: Nevada
Signed: June 02, 2007
Effective: October 01, 2007
Chapter: 294
SummaryNevada becomes the latest state to mandate education for Notaries.
AffectsAmends Sections 240.010, 240.017, 240.018, 240.030, and 204.155 of the Nevada Revised Statutes.
Changes
- Requires the following persons to take a 4-hour mandatory educational course and to submit proof of completion of this course to the Secretary of State with an application for appointment: (a) first-time applicants, (b) applicants for renewal whose previous commission has expired by 1 year or more and (c) applicants for renewal who have been fined for failing to comply with a law or rule relating to Notaries Public in Nevada during the 4-year term immediately preceding application. (Note: Notaries who are in compliance with Nevada’s laws are not required to complete the course.)
- Permits the Secretary of State to offer courses to fulfill the educational course requirement and charge a reasonable fee for this course.
- Authorizes the Secretary of State to promulgate rules for the mandatory educational course. (Note: In 1996, the Secretary issued rules for voluntary educational courses.)
- Prohibits a Notary from willfully notarizing a signature without that person being present before the Notary and unless the person is personally known to the Notary, produces documentary identification or a credible witness as proof of identity.
AnalysisNevada becomes the latest state to mandate education for Notaries. The requirement is for all first-time applicants and renewal applicants whose commissions have lapsed by a year or more or who have been fined for failing to be in compliance with Nevada’s Notary laws and rules during their previous commissions. While the new law permits the Secretary of State to offer educational courses to satisfy the new course requirement, the law is silent on whether private organizations like the NNA can also offer a course. It is also unclear whether the rules published by the Secretary of State in 1996 for voluntary educational courses will apply to the mandatory educational course.
Read Assembly Bill 533.