Assembly Bill No. 386

Assembly Bill No. 386-Assemblymen Buckley, Goldwater, Carpenter, Perkins, Herrera, Berman, Nolan, Tiffany, Koivisto, Gustavson, Cegavske, Parks, Hickey, Segerblom, Sandoval, Ohrenschall, Manendo, Collins, Lee, Braunlin, Lambert, Freeman, Close, Amodei, Von Tobel, Neighbors, Chowning, Price, Krenzer, Evans, Hettrick and Mortenson

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AN ACT relating to electronic communication; authorizing a court clerk to accept criminal complaints and informations and certain other documents that are filed electronically; requiring such documents to contain an electronic image of the signature of the person filing the document; authorizing a public agency to use and accept electronic symbols as a substitute or supplement to a handwritten or facsimile signature under certain circumstances; requiring the secretary of state to adopt regulations concerning the use of such electronic symbols; and providing other matters properly relating thereto.

[Approved July 1, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may accept a complaint filed pursuant to this chapter that is filed electronically. A complaint that is filed electronically must contain an image of the signature of the prosecuting attorney.
2. If a court clerk accepts a complaint that is filed electronically pursuant to subsection 1, the court clerk shall acknowledge receipt of the complaint by an electronic time stamp and shall electronically return the complaint with the electronic time stamp to the prosecuting attorney. A complaint that is filed and time-stamped electronically pursuant to this section may be converted into a printed document and served upon a defendant in the same manner as a complaint that is not filed electronically. Sec. 2. Chapter 173 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may accept an information filed pursuant to this chapter that is filed electronically. An information that is filed electronically must contain an image of the signature of the prosecuting attorney.
2. If a court clerk accepts an information that is filed electronically pursuant to subsection 1, the court clerk shall acknowledge receipt of the information by an electronic time stamp and shall electronically return the information with the electronic time stamp to the prosecuting attorney. An information that is filed and time-stamped electronically pursuant to this section may be converted into a printed document and served upon a defendant in the same manner as an information that is not filed electronically.
Sec. 3. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may allow any of the following documents to be filed electronically:
(a) A petition prepared and signed by the district attorney pursuant to NRS 62.128 or 62.130;
(b) A document relating to proceedings conducted pursuant to NRS 62.193; or
(c) A study and report prepared pursuant to NRS 62.197.
2. Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.
Sec. 4. Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 8, inclusive, of this act.
Sec. 5. As used in sections 5 to 8, inclusive, of this act, "public agency" means any agency, bureau, board, commission, department or division of the State of Nevada or any political subdivision thereof.
Sec. 6. 1. Except as otherwise provided by specific statute, a public agency may:
(a) Provide that any document submitted to the public agency may be submitted electronically and may be signed with an electronic symbol; and
(b) If the recipient of a document so authorizes, use an electronic symbol as the signature of a public officer or employee of the agency on any document for which a signature is required.
2. An electronic symbol may be accepted pursuant to subsection 1 only if it is:
(a) Unique to the person for whom it is used as a signature;
(b) Capable of verification; and
(c) Linked to data in such a manner that the signature is invalidated if the data is altered.
Sec. 7. The secretary of state shall provide by regulation for the use of electronic symbols to substitute or supplement the handwritten or facsimile signature of a person as provided in section 6 of this act. Such regulations must include, without limitation:
1. The manner in which a public agency may accept an electronic symbol as a substitute or supplement to a handwritten or facsimile signature; and
2. The manner in which an electronic symbol must be verified.
Sec. 8. 1. The secretary of state may license a business to verify an electronic symbol that is used as a substitute or supplement to a handwritten or facsimile signature.
2. The secretary of state may charge a reasonable fee for such licensure.
3. The secretary of state may adopt regulations to carry out the provisions of this section.
Sec. 9. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may allow any of the following documents to be filed electronically:
(a) A petition signed by the district attorney pursuant to NRS 432B.510; or
(b) A report prepared pursuant to NRS 432B.540.
2. Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.
Sec. 10. The secretary of state shall:
1. Adopt regulations pursuant to section 7 of this act not later than July 1, 1998; and
2. Consult with the department of information services, the state controller and the American Bar Association before adopting any such regulations.
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