Bulletin: NV2017003

Dear Associates:

The following is a summary of legislation that was passed during the 2017 legislative session.

BILLS THAT PASSED

AB 130 [Chapter 159] revises various provisions relating to guardianships; authorizing a court to require a proposed guardian to file a proposed preliminary care plan and budget; establishing the process by which a person may obtain the approval of the court for the payment of attorney’s fees and costs from the assets of a ward; establishing the State Guardianship Compliance Office; replacing the term "incompetent” with the term “incapacitated” for purposes of guardianships and revising the definition thereof; revising various provisions relating to notice given to certain persons; revising provisions concerning the sale of real and personal property of a ward; making an appropriation; and providing other matters properly relating thereto. Sections 43.3 and 45 of this act effective June 12, 2017. Section 43.5 of this act effective on July 1, 2017. Sections 1 to 43, inclusive, and 44 of this act effective on January 1, 2018.

AB 148 [Chapter 240] increases the penalties for willful violations of certain provisions relating to notaries public and document preparation services. Effective October 1, 2017

AB 161 [Chapter 118 and 205] requires certain rental agreements to contain certain disclosures; creating certain presumptions with respect to certain crimes involving real property. Effective July 1, 2017

AB 162 [Chapter 597, 97A, 125D, 159, 202, 237, 476, 643, and 644] requires a business that accepts a driver’s license for the purpose of identification to also accept a permanent resident card for that purpose; including permanent resident cards as proof of identity for various purposes. Effective July 1, 2017

AB 169 [Chapter 247] provides that a county recorder has the discretion to accept and record a document that does not meet certain formatting requirements; revising certain fees collected by a county recorder. Effective October 1, 2017

AB 235 [Chapter 32] enacts the Uniform Commercial Real Estate Receivership Act. Effective October 1, 2017

AB 239 [Chapter 59] enacts the Revised Uniform Fiduciary Access to Digital Assets Act. Effective October 1, 2017

AB 244 [Chapter 686] authorizes certain types of insurance and insurers to give certain items and gifts not to exceed $100 in aggregate value per policyholder or insured or prospective policyholder or insured in any one calendar year. Effective July 1, 2017

AB 314 [Various Chapters] revises provisions relating to property exempt from a writ of execution; revises provisions relating to nonprobate transfers of property; establishing provisions relating to community property or separate property transferred into an irrevocable trust; revising certain definitions applicable to the administration of an estate; revising provisions relating to the revival of a will and the proving of a will as lost or destroyed; revising provisions concerning contests of wills; authorizing the extension of the period during which an agreement between an heir finder and apparent heir is void and unenforceable; revising provisions concerning special administrators and personal representatives; revising provisions relating to the filing of an inventory and appraisement or record of value of the assets of a decedent; revising provisions governing the presentation of claims against and the sale of real property of an estate; revising provisions relating to the period within which certain actions are performed; authorizing notice to be served by certified mail; revising provisions concerning fiduciaries; revising various provisions governing trusts and trustees authorizing a person to provide for the burial or cremation of his or her remains in a will or durable power of attorney. Effective October 1, 2017

AB 324 [Chapter 240A] revises the definition of a “document preparation service”; prohibiting a person providing a document preparation service from advertising or representing himself or herself as a paralegal or legal assistant; requiring certain fees to register or renew registration as a document preparation service; revising the period of time in which an application for registration as a document preparation service must be completed. Effective July 1, 2017

AB 413 [Various Chapters] establishes provisions relating to electronic wills and trusts; revising provisions governing electronic notaries public; authorizing electronic notaries public to perform authorized electronic notarial acts remotely using audio-video communication; establishing provisions concerning electronic documents relating to real property located in this State; authorizing the Secretary of State to require notaries public registering as electronic notaries public to complete an online course on electronic notarization; increasing the amount of the fees authorized to be charged by an electronic notary public for the performance of certain electronic notarial acts and authorizing the collection of a fee to recover certain costs. Sections 56 to 60, inclusive, and 63 of this act effective June 9, 2017. Sections 1 to 28, inclusive, and 61 of this act effective on July 1, 2017. Sections 29 to 55, inclusive, and 62 of this act effective: (a) June 9, 2017, for the purpose of adopting any rules and regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and (b) on July 1, 2018, for all other purposes.

AB 476 [Chapter 240] makes various changes to the provisions governing electronic notaries public; providing a penalty. Effective July 1, 2017

SB 33 [Chapter 40, 107, 116] prohibits the foreclosure of real property owned by certain military personnel or their dependents in certain circumstances; prohibiting the foreclosure of a lien against a unit in a common-interest community owned by certain military personnel or their dependents in certain circumstances; providing a penalty. Effective May 29, 2017

SB 267 [Chapter 107, 657, 330] revises provisions governing the auction of property pursuant to the power of sale under a deed of trust; revising provisions requiring certain mortgagees and beneficiaries of a deed of trust to provide certain contact information to the Division of Financial Institutions of the Department of Business and Industry; providing for the continuation of certain provisions relating to an expedited process for the foreclosure of abandoned residential property. Effective May 25, 2017

SB 490 [Chapter 107, 100, 116] revises provisions relating to the foreclosure of real property; authorizing electronic delivery of certain notices relating to the foreclosure of real property; revising provisions relating to the Foreclosure Mediation Program; requiring Home Means Nevada, Inc., or its successor organization, to administer certain functions of the Program; replacing the Account for Foreclosure Mediation with the Account for Foreclosure Mediation Assistance; requiring the Interim Finance committee to administer the Account; providing for the continuation of the Program; requiring the State Controller to transfer money remaining in the Account for Foreclosure Mediation to the Account for Foreclosure Mediation Assistance. Effective June 12, 2017. 

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