Revises provisions relating to notaries public. (BDR 19-879)

A.B. 189

- *AB189*

ASSEMBLY BILL NO. 189–ASSEMBLYMEMBER KOENIG

PREFILED FEBRUARY 3, 2025
____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to notaries public.
(BDR 19-879)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to notaries public; defining certain terms relevant
to the administration of an oath or affirmation by a
notarial officer; specifying certain circumstances under
which a notarial officer may administer an oath or
affirmation; and providing other matters prope rly relating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes a notarial officer to administer an oath or affirmation. 1
(NRS 240.004, 240.196) Sections 2 and 3 of this bill define the terms “oath” and 2
“affirmation” for purposes of the administration of an oath or affirmation by a 3
notarial officer. Section 4 of this bill specifies the circumstances under which a 4
notarial officer may administer an oath or affirmation and provides that under any 5
circumstance in which an oath or affirmation is required for any purpose: (1) a 6
person may provide either an oath or a n affirmation; and (2) an oath and an 7
affirmation have the same legal effect. Section 4 additionally provides that an oath 8
or affirmation may be provided in writing, orally or by any other equivalent 9
communication mode, in accordance with the circumstances under which the oath 10
or affirmation is required and in compliance with the requirements of any law, 11
regulation or rule of procedure applicable to such circu mstances. Section 5 of this 12
bill makes the provisions of sections 2-4 applicable to other provisions of existing 13
law which also apply to notarial officers. 14

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- *AB189*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 240 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2, 3 and 4 of this act. 2
Sec. 2. “Affirmation” means a solemn and formal 3
declaration, equivalent in nature to an oath, which asserts that a 4
statement or series of statements is true. 5
Sec. 3. “Oath” means an outward pledge made by a person, 6
signifying that the attestation or promise of the person is given 7
under an immediate sense of responsibility to a higher power or 8
God. The term includes, without limitation, any form of attestation 9
by which a person signifies his or her obliga tion, under 10
conscience, to perform an act faithfully and truthfully. 11
Sec. 4. 1. Under any circumstance in which an oath or 12
affirmation is required for any purpose: 13
(a) A person may provide either an oath or an affirmation ; 14
and 15
(b) An oath and an affirmation have the same legal effect. 16
2. An oath or affirmation may be provided in writing, orally 17
or by any other equivalent mode of communication , including, 18
without limitation, a communication mode , as defined in NRS 19
388.417, in accordance with the circumstances under which the 20
oath or affirmation is required and in compliance with the 21
requirements of any law , regulation or rule of procedure 22
applicable to such circumstances. 23
3. A notarial officer may administer an oath or affirmation in 24
accordance with the requirements of this chapter and in 25
compliance with the requirements of any law, regulation or rule of 26
procedure applicable to the circumstances under which the oath 27
or affirmation is administered, including, without limitation, for: 28
(a) Testimony in a legal proceeding, including, without 29
limitation, a pretrial hearing , examination, deposition or other 30
proceeding; or 31
(b) The assumption of an office or any duties associated with a 32
position that mandates such a pledge. 33
Sec. 5. NRS 240.001 is hereby amended to read as follows: 34
240.001 As used in NRS 240.001 to 240. 206, inclusive, and 35
sections 2, 3 and 4 of this act, unless the context otherwise requires, 36
the words and terms defined in NRS 240.002 to 240.0067, inclusive, 37
and sections 2 and 3 of this act have the meanings ascribed to them 38
in those sections. 39

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