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.

 

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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 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 adopt certain regulations; 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  3.  The Secretary of State shall adopt regulations to define

2-4  “care, custody and control” for the purposes of subsection 1.

2-5  Sec. 2.  NRS 225.140 is hereby amended to read as follows:

2-6  225.140  1.  Except as otherwise provided in subsection 2, in

2-7  addition to other fees authorized by law, the Secretary of State shall

2-8  charge and collect the following fees:

 

2-9  [For a copy of any law, joint resolution, transcript

2-10  of record, or other paper on file or of record in his

2-11  office, other than a document required to be filed

2-12  pursuant to title 24 of NRS, per page$1.00

2-13  For a copy of any document required to be filed

2-14  pursuant to title 24 of NRS, per page   .50]

2-15  For certifying to [any such] a copy of any law,

2-16  joint resolution, transcript of record or other

2-17  paper on file or of record with the Secretary of

2-18  State, including, but not limited to, a document

2-19  required to be filed pursuant to title 24 of NRS,

2-20  and use of the state seal, for each impression  [10.00] $20.00

2-21  For each passport or other document signed by the

2-22  Governor and attested by the Secretary of State   10.00

2-23  [For a negotiable instrument returned unpaid  10.00]

 

2-24      2.  The Secretary of State:

2-25      (a) Shall charge a reasonable fee for searching records and

2-26  documents kept in his office[.] , including, but not limited to,

2-27  records and documents that are stored on a computer database.

2-28      (b) May charge or collect any filing or other fees for services

2-29  rendered by him to the State of Nevada, any local governmental

2-30  agency or agency of the Federal Government, or any officer thereof

2-31  in his official capacity or respecting his office or official duties.

2-32      (c) May not charge or collect a filing or other fee for:

2-33          (1) Attesting extradition papers or executive warrants for

2-34  other states.

2-35          (2) Any commission or appointment issued or made by the

2-36  Governor, either for the use of the state seal or otherwise.

2-37      (d) May charge a reasonable fee, not to exceed:

2-38          (1) Five hundred dollars, for providing service within 2 hours

2-39  after the time the service is requested; and

2-40          (2) One hundred dollars, for providing any other special

2-41  service, including, but not limited to, providing service more than 2

2-42  hours but within 24 hours after the time the service is requested,

3-1  accepting documents filed by facsimile machine and other use of

3-2  new technology.

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

3-4  Secretary of State, for providing :

3-5       (1) A copy of any record kept in his office that is stored on a

3-6  computer or on microfilm if the copy is provided on a tape, disc or

3-7  other medium used for the storage of information by a computer or

3-8  on duplicate film.

3-9       (2) Access to his computer database on which records are

3-10  stored.] a person, for each check or other negotiable instrument

3-11  returned to the Office of the Secretary of State because the person

3-12  had insufficient money or credit with the drawee to pay the check

3-13  or other instrument or because the person stopped payment on the

3-14  check or other instrument:

3-15          (1) A fee of $25; and

3-16          (2) If the check or other instrument that was returned had

3-17  been presented for the payment of a filing fee for more than one

3-18  entity, an additional fee in an amount equal to the actual cost

3-19  incurred by the Office of the Secretary of State to perform the

3-20  following actions as a result of the returned check or instrument:

3-21             (I) Reversing the status of the entities in the records of

3-22  the Office of the Secretary of State; and

3-23             (II) Recouping any fees charged for services rendered

3-24  by the Office of the Secretary of State to the entities, including,

3-25  without limitation, fees charged for providing service pursuant to

3-26  paragraph (d), providing copies or issuing certificates.

3-27  The Secretary of State shall, by regulation, establish procedures

3-28  for the imposition of the fees authorized by this paragraph and the

3-29  manner in which a fee authorized by subparagraph (2) will be

3-30  calculated.

3-31      3.  From each fee collected pursuant to paragraph (d) of

3-32  subsection 2:

3-33      (a) The entire amount or $50, whichever is less, of the fee

3-34  collected pursuant to subparagraph (1) of that paragraph and [half]

3-35  one-half of the fee collected pursuant to subparagraph (2) of that

3-36  paragraph must be deposited with the State Treasurer for credit to

3-37  the Account for Special Services of the Secretary of State in the

3-38  State General Fund. Any amount remaining in the Account at the

3-39  end of a fiscal year in excess of $2,000,000 must be transferred to

3-40  the State General Fund. Money in the Account may be transferred to

3-41  the Secretary of State’s operating general fund budget account and

3-42  must only be used to create and maintain the capability of the Office

3-43  of the Secretary of State to provide special services, including, but

3-44  not limited to, providing service:

3-45          (1) On the day it is requested or within 24 hours; or

4-1       (2) Necessary to increase or maintain the efficiency of the

4-2  Office.

4-3  Any transfer of money from the Account for expenditure by the

4-4  Secretary of State must be approved by the Interim Finance

4-5  Committee.

4-6  (b) After deducting the amount required pursuant to paragraph

4-7  (a), the remainder must be deposited with the State Treasurer for

4-8  credit to the State General Fund.

4-9  4.  The Secretary of State shall post a schedule of the fees

4-10  authorized to be charged pursuant to this section in a conspicuous

4-11  place at each office at which such fees are collected.

4-12      Sec. 3.  NRS 238.100 is hereby amended to read as follows:

4-13      238.100  1.  Except as provided in subsections 2 and 4, or by

4-14  specific statute, any document or payment required or permitted by

4-15  law or regulation to be filed or made by mailing to the State or any

4-16  of its agencies or political subdivisions shall be deemed filed or

4-17  made on the date of the postmark dated by the post office on the

4-18  envelope in which it was mailed.

4-19      2.  If a document or payment was mailed but not received by

4-20  the addressee or was received but the postmarked date is illegible or

4-21  omitted, the document or payment shall be deemed filed or made on

4-22  the date it was mailed, if the sender:

4-23      (a) Establishes by a postal receipt for registered or certified mail

4-24  that the mailing date was on or before the required date for filing or

4-25  payment; and

4-26      (b) Where the document or payment was not received, files a

4-27  duplicate of the contents of the envelope within 15 days after he

4-28  becomes aware that it was not received.

4-29      3.  For the purposes of this section, if the required date for filing

4-30  or making payment is a Saturday, Sunday or legal holiday, the filing

4-31  or payment is timely if performed on the next day which is not a

4-32  Saturday, Sunday or legal holiday.

4-33      4.  This section does not apply to the filing of documents

4-34  [under] pursuant to NRS 225.085 or title 24 of NRS.

4-35      Sec. 4.  This act becomes effective on July 1, 2003.

 

4-36  H