Amendment No. 729

 

Assembly Amendment to Senate Bill No. 436  First Reprint                                                  (BDR 7‑982)

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 SB436 R1 (§ 103).

 

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 sec. 2, page 2, line 3, by deleting “Any” and inserting:

Except as otherwise provided by federal or state law, any”.

     Amend sec. 23, page 12, line 41, by deleting “or creditors”.

     Amend the bill as a whole by deleting sec. 139 and adding:

     “Sec. 139.  (Deleted by amendment.)”.

     Amend sec. 140, page 75, by deleting line 26 and inserting:

     “Sec. 140.  Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:

     “Record” means information that is inscribed on a”.

     Amend the bill as a whole by deleting sections 141 and 142 and adding:

     “Secs. 141 and 142.  (Deleted by amendment.)”.

     Amend the bill as a whole by deleting sec. 160 and adding:

     “Sec. 160.  (Deleted by amendment.)”.

     Amend the bill as a whole by deleting sections 174 through 176 and adding:

     “Secs. 174-176.  (Deleted by amendment.)”.

     Amend the bill as a whole by deleting sec. 194 and adding:

     “Sec. 194.  (Deleted by amendment.)”.

     Amend sec. 262, pages 147 and 148, by deleting lines 44 and 45 on page 147 and lines 1 and 2 on page 148, and inserting:

     “[3.  If the board of county commissioners of a county has adopted an ordinance pursuant to NRS 602.035, a certificate filed pursuant to this section expires 5 years after it is filed with the county clerk.]”.

     Amend sec. 263, pages 148 and 149, by deleting lines 9 through 45 on page 148 and lines 1 through 5 on page 149, and inserting:

          “(1) His full name;

          (2) The street address of his residence or business; and

          (3) If the mailing address is different from the street address, the mailing address of his residence or business;

     (b) An artificial person required to make annual filings with the Secretary of State to retain its good standing [, its] :

          (1) Its name as it appears in the records of the Secretary of State; and

          (2) Its mailing address;

     (c) A general partnership:

          (1) The full name of each partner who is a natural person;

          (2) The street address of the residence or business of each partner who is a natural person;

          (3) If the mailing address is different from the street address, the mailing address of the residence or business of each partner who is a natural person; and

          (4) If one or more of the partners is an artificial person described in paragraph (b), the information required by paragraph (b) for each such partner; or

     (d) A trust:

          (1) The full name of each trustee of the trust;

          (2) The street address of the residence or business of each trustee of the trust; and

          (3) If the mailing address is different from the street address, the mailing address of the residence or business of each trustee of the trust.

     2.  The certificate must be:

     (a) Signed:

          (1) In the case of a natural person, by him;

          (2) In the case of an artificial person required to make annual filings with the Secretary of State to retain its good standing, by a person required to sign the annual filing;

          (3) In the case of a general partnership, by each of the partners who is a natural person, and if one or more of the partners is an artificial person described in subparagraph (2), by an officer of the corporation or a person required to sign the annual filing; or

          (4) In the case of a trust, by each of the trustees; and

     (b) Notarized.”.

     Amend the bill as a whole by adding a new section designated sec. 263.5, following sec. 263, to read as follows:

     “Sec. 263.5.  NRS 602.035 is hereby amended to read as follows:

     602.035  1.  The board of county commissioners of a county may provide, by ordinance, that a certificate filed with the county clerk pursuant to NRS 602.010 expires 5 years after it is filed.

     2.  If such an ordinance is adopted, on or before the expiration of the certificate, the person doing business in the county under an assumed or fictitious name that does not indicate the real name of each person who owns an interest in the business must file a renewal certificate containing the information required by NRS 602.020 with the county clerk.

     3.  A renewal certificate filed pursuant to this section:

     (a) Expires 5 years after it is filed with the county clerk.

     (b) Must include a statement indicating that the renewal certificate expires 5 years after the date on which it is filed with the county clerk.

     4.  Upon the adoption of such an ordinance, the county clerk shall [cause to be published in a newspaper of general circulation in the county notice that] notify those persons who have filed certificates in the county pursuant to NRS 602.010 that they are required to renew those certificates pursuant to the provisions of this section [.] by:

     (a) Publishing such notice in a newspaper of general circulation in the county; and

     (b) Mailing such notice to the last known address of those persons.”.

     Amend sec. 264, page 149, line 18, after “mailing” by inserting “or street”.

     Amend the bill as a whole by deleting sections 265 and 266 and adding:

     “Secs. 265 and 266.  (Deleted by amendment.)”.