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Law

NV Assembly Bill 275

Notary Law Update: NV Assembly Bill 275

State: Nevada

Summary:

Assembly Bill 275 removes the requirement for a Nevada Notary Public to be a U.S. Citizen or a lawfully admitted permanent resident. 

Signed:  June 14, 2019

Effective:  July 01, 2019

Chapter: 627

Affects:

Amends Section 240.015 of and adds an as yet uncodified section to Chapter 240 of the Nevada Revised Statutes.

Changes:
  1. Prohibits the Secretary of State from collecting the Social Security number or alternative personally identifying number from a Notary Public or an applicant for a Notary Public appointment.
  2. Removes the requirement for a Notary Public to be a citizen of the United States or lawfully admitted permanent resident and no longer requires a Notary whose permanent resident status has changed during the commission term to report the fact to the Secretary of State.
Analysis:

While the primary focus of the bill is licenses governed by Title 54 of the Nevada Revised Statutes, the bill also removes the requirement for an individual to hold permanent U.S. residency or citizenship to be appointed as a Notary Public under Title 19 (Chapter 240). Currently the Nevada Secretary of State does not collect Social Security or Individual Tax Identification numbers for purposes of appointing Notaries Public, so Section 2 of the bill effectively codifies the Secretary of State’s existing protocol and prevents future collection of such data for purposes of Notary appointments.

 There was discussion during committee hearings on the bill regarding whether a Notary Public appointment should be treated the same as an occupational license. 240.010 of the Nevada Revised Statutes states the Secretary of State may appoint Notaries Public in Nevada.

 Title 8 U.S.C. § 1621(d) allows a state to provide state benefits, including occupational licensing, to non-citizens through the enactment of legislation such as NV AB 275. Nevada employers of Notaries must still meet federal requirements under 8 U.S.C. § 1324A pertaining to legal employment.

Read the bill text.  

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