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Secretary of State seeks tightening of notary and document‑preparer rules; bond tiers, in‑state e‑notary requirement proposed
Summary
Secretary of State Cisco Aguilar told the Senate Government Affairs Committee AB 72 would modernize Nevada’s notary and document‑preparer programs, require separate bonds per business entity, and require in‑state presence for electronic notary acts via audio‑video.
The Senate Government Affairs Committee heard Assembly Bill 72, a package of changes the Secretary of State’s Office said would modernize Nevada’s notary and document‑preparer programs, tighten consumer protections and clarify compliance requirements for businesses that provide document‑preparation services.
Secretary of State Cisco Aguilar, appearing with staff and students from Cristo Rey High School, described the office’s responsibilities and the programs AB 72 would amend. ‘‘This bill is our effort to modernize the notary and document preparation programs that Nevadans rely on every day,’’ Aguilar said.
Key items explained by the secretary and staff included: - Statutory references: testimony cited Nevada Revised Statutes chapters related to notaries (NRS chapter 240 and associated NAC provisions) and the document‑preparer program established under NRS 240A and NAC 240A (as described in testimony). The office said it currently commissions nearly 37,000 notaries and issued over 25,000 apostilles/certifications in the last year. - Document‑preparer bond changes: the amendment would require a separate surety bond for each distinct business entity or sole proprietorship that provides document‑preparation services. The office said bonding tiers and prior adjustments (including a 2019 reduction of an individual bond requirement from $50,000 to $25,000) left ambiguity when a single business held multiple registrations but a single bond. - Notary professional responsibilities and e‑notary rule: AB 72 as amended would require a code of professional responsibility for notaries and change permissive language on electronic notaries to a clear requirement that an electronic notary public be physically present in Nevada to perform an electronic notarial act via audio‑visual communication.
Deputy Ruben Rodriguez, who answered several implementation questions from senators, said the amended language was intended to allow business owners with multiple entities to obtain appropriate bonding coverage while ensuring consumer protection. The compliance team’s role—training, audits, investigations—was described by student presenters as central to maintaining public trust.
Industry groups testified in support after amendments were accepted. Peter Krueger of Registration Services Association of Nevada and Aurelia Alarcon of the Nevada Land Title Association thanked the secretary’s office for working on the amendments and said the tiered bonding change would help multi‑location operators secure appropriate coverage.
Senators asked for additional follow‑up: Senator Neal requested examples clarifying new bonding triggers tied to court judgments or sanctions; the secretary’s office offered to supply follow‑up information. Senator Krasner asked whether document preparers may help people fill immigration forms; Ruben Rodriguez replied that document preparers may assist with filing immigration paperwork but may not give legal advice.
No committee vote was recorded at the hearing. Sponsors and supporters said they would supply additional technical details requested by senators before the bill reaches further committee work sessions.
Ending: The committee closed the hearing with stakeholders in support of the amended bill and staff offering to provide follow‑up clarifications on bonding examples and scope of regulated services.
