REQUIRES TWO-THIRDS MAJORITY VOTE (§ 2)                 

                                                  (Reprinted with amendments adopted on April 2, 2003)

 

Senate Bill No. 112–Committee on Government Affairs

 

(On Behalf of the Secretary of State)

 

February 13, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes to provisions relating to Secretary of State. (BDR 18‑557)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to the Secretary of State; revising the date on which a record is deemed to be filed with the Secretary of State; revising the fees charged for certain services provided by the Secretary of State; requiring the Secretary of State to post a schedule of certain fees; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 225.085 is hereby amended to read as follows:

1-2  225.085  [A]

1-3  1.  Except as otherwise provided by specific statute, a record

1-4  shall be deemed to be filed with the Secretary of State [if] when it is

1-5  placed in the care, custody and control of the Office of the Secretary

1-6  of State[. Such a] and the Secretary of State determines that the

1-7  record:

1-8  (a) Is accompanied by the appropriate filing fee, if applicable;

1-9  and

1-10      (b) Meets all other applicable requirements for filing.

1-11      2.  A record that is filed with the Secretary of State may be

1-12  disposed of only in accordance with a schedule for retention and

1-13  disposition approved by the Committee to Approve Schedules for

2-1  the Retention and Disposition of Official State Records pursuant to

2-2  procedures set forth in NRS 239.080.

2-3  Sec. 2.  NRS 225.140 is hereby amended to read as follows:

2-4  225.140  1.  Except as otherwise provided in subsection 2, in

2-5  addition to other fees authorized by law, the Secretary of State shall

2-6  charge and collect the following fees:

 

2-7  [For a copy of any law, joint resolution, transcript

2-8  of record, or other paper on file or of record in his

2-9  office, other than a document required to be filed

2-10  pursuant to title 24 of NRS, per page$1.00

2-11  For a copy of any document required to be filed

2-12  pursuant to title 24 of NRS, per page   .50]

2-13  For certifying to [any such] a copy of any law,

2-14  joint resolution, transcript of record or other

2-15  paper on file or of record with the Secretary of

2-16  State, including, but not limited to, a document

2-17  required to be filed pursuant to title 24 of NRS,

2-18  and use of the state seal, for each impression  [10.00] $20.00

2-19  For each passport or other document signed by the

2-20  Governor and attested by the Secretary of State   10.00

2-21  [For a negotiable instrument returned unpaid  10.00]

 

2-22      2.  The Secretary of State:

2-23      (a) Shall charge a reasonable fee for searching records and

2-24  documents kept in his office[.] , including, but not limited to,

2-25  records and documents that are stored on a computer database.

2-26      (b) May charge or collect any filing or other fees for services

2-27  rendered by him to the State of Nevada, any local governmental

2-28  agency or agency of the Federal Government, or any officer thereof

2-29  in his official capacity or respecting his office or official duties.

2-30      (c) May not charge or collect a filing or other fee for:

2-31          (1) Attesting extradition papers or executive warrants for

2-32  other states.

2-33          (2) Any commission or appointment issued or made by the

2-34  Governor, either for the use of the state seal or otherwise.

2-35      (d) May charge a reasonable fee, not to exceed:

2-36          (1) Five hundred dollars, for providing service within 2 hours

2-37  after the time the service is requested; and

2-38          (2) One hundred dollars, for providing any other special

2-39  service, including, but not limited to, providing service more than 2

2-40  hours but within 24 hours after the time the service is requested,

2-41  accepting documents filed by facsimile machine and other use of

2-42  new technology.

3-1  (e) Shall charge [a fee, not to exceed the actual cost to the

3-2  Secretary of State, for providing :

3-3       (1) A copy of any record kept in his office that is stored on a

3-4  computer or on microfilm if the copy is provided on a tape, disc or

3-5  other medium used for the storage of information by a computer or

3-6  on duplicate film.

3-7       (2) Access to his computer database on which records are

3-8  stored.] a person, for each check or other negotiable instrument

3-9  returned to the Office of the Secretary of State because the person

3-10  had insufficient money or credit with the drawee to pay the check

3-11  or other instrument or because the person stopped payment on the

3-12  check or other instrument, a fee of $25 or the direct cost incurred

3-13  by the Office of the Secretary of State in processing the check or

3-14  other instrument, whichever is greater.

3-15      3.  From each fee collected pursuant to paragraph (d) of

3-16  subsection 2:

3-17      (a) The entire amount or $50, whichever is less, of the fee

3-18  collected pursuant to subparagraph (1) of that paragraph and [half]

3-19  one-half of the fee collected pursuant to subparagraph (2) of that

3-20  paragraph must be deposited with the State Treasurer for credit to

3-21  the Account for Special Services of the Secretary of State in the

3-22  State General Fund. Any amount remaining in the Account at the

3-23  end of a fiscal year in excess of $2,000,000 must be transferred to

3-24  the State General Fund. Money in the Account may be transferred to

3-25  the Secretary of State’s operating general fund budget account and

3-26  must only be used to create and maintain the capability of the Office

3-27  of the Secretary of State to provide special services, including, but

3-28  not limited to, providing service:

3-29          (1) On the day it is requested or within 24 hours; or

3-30          (2) Necessary to increase or maintain the efficiency of the

3-31  Office.

3-32  Any transfer of money from the Account for expenditure by the

3-33  Secretary of State must be approved by the Interim Finance

3-34  Committee.

3-35      (b) After deducting the amount required pursuant to paragraph

3-36  (a), the remainder must be deposited with the State Treasurer for

3-37  credit to the State General Fund.

3-38      4.  The Secretary of State shall post a schedule of the fees

3-39  authorized to be charged pursuant to this section in a conspicuous

3-40  place at each office at which such fees are collected.

3-41      Sec. 3.  NRS 238.100 is hereby amended to read as follows:

3-42      238.100  1.  Except as provided in subsections 2 and 4, or by

3-43  specific statute, any document or payment required or permitted by

3-44  law or regulation to be filed or made by mailing to the State or any

3-45  of its agencies or political subdivisions shall be deemed filed or

4-1  made on the date of the postmark dated by the post office on the

4-2  envelope in which it was mailed.

4-3  2.  If a document or payment was mailed but not received by

4-4  the addressee or was received but the postmarked date is illegible or

4-5  omitted, the document or payment shall be deemed filed or made on

4-6  the date it was mailed, if the sender:

4-7  (a) Establishes by a postal receipt for registered or certified mail

4-8  that the mailing date was on or before the required date for filing or

4-9  payment; and

4-10      (b) Where the document or payment was not received, files a

4-11  duplicate of the contents of the envelope within 15 days after he

4-12  becomes aware that it was not received.

4-13      3.  For the purposes of this section, if the required date for filing

4-14  or making payment is a Saturday, Sunday or legal holiday, the filing

4-15  or payment is timely if performed on the next day which is not a

4-16  Saturday, Sunday or legal holiday.

4-17      4.  This section does not apply to the filing of documents

4-18  [under] pursuant to NRS 225.085 or title 24 of NRS.

4-19      Sec. 4.  This act becomes effective on July 1, 2003.

 

4-20  H