2001 REGULAR SESSION (71st)                                                                           A SB577 1079

Amendment No. 1079

 

Senate Amendment to Senate Bill No. 577                                                                         (BDR 7‑1547)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB577 (§§ 4, 6, 7, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, by deleting lines 12 and 13 and inserting:

     “(b) A court of competent jurisdiction finds that:”.

     Amend sec. 3, page 3, by deleting lines 21 and 22 and inserting:

in his capacity as a director or officer unless it is proven that:”.

     Amend sec. 4, page 3, line 38, by deleting “and” and inserting “[and]”.

     Amend sec. 4, page 3, line 39, after “(e)” by inserting:

The name and street address of the resident agent of the corporation; and

     (f)”.

     Amend sec. 4, page 3, lines 45 and 46, by deleting “an affidavit” and inserting:

a declaration under penalty of perjury”.

     Amend sec. 16, page 9, lines 32 and 33, by deleting “an affidavit” and inserting:

a declaration under penalty of perjury”.

     Amend sec. 20, page 11, line 15, by deleting “and” and inserting “[and]”.

     Amend sec. 20, page 11, line 16, after “(e)” by inserting:

The name and street address of the resident agent of the limited-liability company; and

     (f)”.

     Amend sec. 20, page 11, line 29, by deleting “an affidavit” and inserting:

a declaration under penalty of perjury”.

     Amend sec. 29, page 15, line 5, by deleting “and” and inserting “[and]”.

     Amend sec. 29, page 15, line 6, after “(e)” by inserting:

The name and street address of the resident agent of the registered limited-liability partnership; and

     (f)”.

     Amend sec. 29, page 15, lines 8 and 9, by deleting “an affidavit” and inserting:

a declaration under penalty of perjury”.

     Amend sec. 33, page 17, line 5, by deleting “and” and inserting “[and]”.

     Amend sec. 33, page 17, line 6, after “(e)” by inserting:

The name and street address of the resident agent of the limited partnership; and

     (f)”.

     Amend sec. 33, page 17, lines 8 and 9, by deleting “an affidavit” and inserting:

a declaration under penalty of perjury”.

     Amend sec. 37, page 19, line 12, by deleting “an affidavit” and inserting:

a declaration under penalty of perjury”.

     Amend sec. 42, page 21, line 13, by deleting “an affidavit” and inserting:

a declaration under penalty of perjury”.

     Amend sec. 47, page 23, by deleting lines 36 through 40 and inserting:

“fiduciaries . [and are subject to the insulation from liability provided for directors of corporations by the laws of this state.] The members of the executive board are required to exercise the ordinary and reasonable care of directors of a corporation, subject to the business-judgment rule.”.

     Amend sec. 48, page 25, by deleting lines 2 through 14 and inserting:

   “3.  [All fees] From each fee collected pursuant to paragraph (d) of subsection 2 :

   (a) The entire amount or $50, whichever is less, of the fee collected pursuant to subparagraph (1) of that paragraph and half of the fee collected pursuant to subparagraph (2) of that paragraph must be deposited with the state treasurer for credit to the account for special services of the secretary of state in the state general fund. Any amount remaining in the account at the end of a fiscal year in excess of $2,000,000 must be transferred to the state general fund. Money in the account may be transferred to the secretary of state’s operating general fund budget account and must only be used to create and maintain the capability of the office of the secretary of state to provide special services, including, but not limited to, providing service:

   [(a)] (1) On the day it is requested or within 24 hours; or

   [(b)] (2) Necessary to increase or maintain the efficiency of the office.

FLUSH

 
Any transfer of money from the account for expenditure by the secretary of state must be approved by the interim finance committee.

     (b) After deducting the amount required pursuant to paragraph (a), the remainder must be deposited with the state treasurer for credit to the state general fund.”.

     Amend the bill as a whole by deleting sec. 58 and adding a new section designated sec. 58, following sec. 57, to read as follows:

     “Sec. 58. Notwithstanding any provision of NRS 225.140 to the contrary:

     1.  The state controller shall, without obtaining the approval of the interim finance committee and in addition to any amounts transferred pursuant to that section with the approval of the interim finance committee, transfer from the account for special services of the secretary of state to the secretary of state’s operating general fund budget account:

For the fiscal year 2001-2002..................................................................................... $300,000

For the fiscal year 2002-2003..................................................................................... $250,000

     2.  The secretary of state may expend the amounts transferred pursuant to subsection 1 for such additional personnel, equipment, supplies, office space and other costs as are necessary to carry out the provisions of this act.”.

     Amend sec. 59, page 27, by deleting lines 22 through 32 and inserting:

     “Sec. 59. 1.  This section and sections 1, 2, 3, 8, 9, 47 and 55 to 58, inclusive, of this act become effective upon passage and approval.

     2.  Section 48 of this act becomes effective at 12:01 a.m. on July 1, 2001.

     3.  Sections 4 to 7, inclusive, 10 to 46, inclusive, and 49 to 54, inclusive, of this act become effective:”.

     Amend the title of the bill, second line, after “fees” by inserting:

“and revising certain requirements”.