Assembly Bill No. 437-Committee on Government Affairs
(On Behalf of the Office of the Secretary of State)
April 30, 1997
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Referred to Committee on Government Affairs
SUMMARY--Makes various changes to provisions governing office of secretary of state. (BDR 18-507)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the secretary of state; requiring the refund of a fee paid to file a document if the document is not processed in a timely manner; creating petty cash accounts; repealing the revolving account for the office of the secretary of state; eliminating the duty of the secretary of state to maintain custody of the deeds and conveyances of the state; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 225 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 1. The secretary of state shall:
(a) Establish the time within which the various documents required to be filed with the secretary of state must be processed by the employees of his office. The times must be established in such a manner as is necessary to increase or maintain the efficiency of the office, giving consideration to the appropriate performance of the duties of the secretary of state.
(b) Post the times established pursuant to paragraph (a) in each office of the secretary of state in a location that is clearly visible to members of the general public.
2. If a document required to be filed with the secretary of state is not processed within the time established pursuant to subsection 1, the secretary of state shall refund the fee required to be paid to file the document.
Sec. 3 1. A petty cash account of the secretary of state is hereby created for each building in which offices of employees of the secretary of state are located in the sum of $500 each.
2. The state board of examiners shall:
(a) Define the purposes for which the petty cash accounts may be used; and
(b) Provide that replenishment claims must be paid from the budgeted resources of the office of the secretary of state and processed as other claims against the state are paid.
Sec. 4 A record shall be deemed to be filed with the secretary of state if it is placed in the care, custody and control of the office of the secretary of state. Such a record may be disposed of only in accordance with a schedule for retention and disposition approved by the committee to approve schedules for the retention and disposition of official state records pursuant to procedures set forth in NRS 239.080.
Sec. 5 NRS 225.070 is hereby amended to read as follows:
225.070 [1.] The secretary of state has custody of and shall carefully preserve in the division of state library and archives of the department of museums, library and arts or in his office [:
(a) All deeds and conveyances belonging to the state.
(b) All] all written contracts to which the state is a party, except those required to be deposited elsewhere.
[2. The deeds and conveyances must be recorded in well-bound books, and the original papers must not be permitted to be taken out of the office unless in the possession of the secretary of state or his deputy.]
Sec. 6 NRS 225.080 is hereby amended to read as follows:
225.080 The secretary of state shall:
1. [Keep a fair register and also attest] Attest all the official acts and proceedings of the governor, and affix the seal of the state, with proper attestations, to all commissions, pardons and other public instruments to which the signature of the governor is required. A copy of these instruments must be filed in the office of the secretary of state.
2. Lay all papers, minutes and vouchers relative to the official acts and proceedings of the governor before either house of the legislature when required by [such] that house.
3. Keep the official bond of the treasurer, while the bond is in force.
4. Permit all the records and transactions of his office to be open at all times to the inspection and examination of any committee of either [branch] house of the legislature.
5. Furnish information, in writing, upon any subject relating to the duties of his office to the governor, whenever required.
6. Deliver , [up,] in good order and condition, to his successor, all records, books, papers and other things belonging to his office.
Sec. 7 NRS 225.105 is hereby amended to read as follows:
225.105 The secretary of state [is authorized to] may prescribe standards for appropriate forms to be used pursuant to NRS 104.9403 to 104.9407, inclusive, which [shall] must be accepted by the county recorder of every county of this state at the lower rate prescribed by [such] those sections. The secretary of state may, by regulation, establish the fees that must be paid to obtain copies of these forms.
Sec. 8 NRS 225.140 is hereby amended to read as follows:
225.140 1. [In] Except as otherwise provided in subsection 2, in addition to other fees authorized by law, the secretary of state shall charge and collect the following fees:
For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, other than a document required to be filed pursuant to Title 24 of NRS, per page $1.00
For a copy of any document required to be filed pursuant to Title 24 of NRS, per page .50
For certifying to any such copy and use of the state seal, for each impression [$5.00
For registering a mark, insigne or name 50.00
For the delivery of an attested certificate of the record of the registration of a mark, insigne or name] 10.00
For each passport or other document signed by the governor and attested by the secretary of state 10.00
For a negotiable instrument returned unpaid 10.00
2. The secretary of state:
(a) Shall charge a reasonable fee for searching records and documents kept in his office.
(b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.
(c) May not charge or collect a filing or other fee for:
(1) Attesting extradition papers or executive warrants for other states.
(2) Any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
(d) May charge a reasonable fee, not to exceed $100, for providing special services including, but not limited to, providing service on the day it is requested or within 24 hours, accepting documents filed by [telecopier,] facsimile machine, and other use of new technology.
(e) Shall charge a fee, not to exceed the actual cost to the secretary of state, for providing:
(1) A copy of any record kept in his office that is stored on a computer or on microfilm if the copy is provided on a tape, disk or other medium used for the storage of information by a computer or on duplicate film.
(2) Access to his computer data base on which records are stored.
3. [All] Except as otherwise provided in section 2 of this act, all fees collected pursuant to paragraph (d) of subsection 2 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 must be carried forward into the next fiscal year. 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) On the day it is requested or within 24 hours; or
(b) Necessary to increase or maintain the efficiency of the office.
Any transfer of money from the account for expenditure by the secretary of state must be approved by the interim finance committee.
Sec. 9 NRS 225.155 is hereby amended to read as follows:
225.155 1. [If] Except as otherwise provided in section 2 of this act, if any money is paid to the secretary of state which exceeds by less than $15 the amount required by law to be paid, the secretary of state shall deposit the excess payment with the state treasurer for credit to the state general fund.
2. If a payment exceeds the amount required by law to be paid by $15 or more, the secretary of state shall, if practicable, refund the excess. If the secretary of state cannot make the refund, he shall deposit the excess payment with the state treasurer for credit to the state general fund.
3. Any person who claims a refund of an excess payment which is not refunded pursuant to subsection 2 must, within 30 days after the date of the payment, make a claim for a refund to the state board of examiners.
Sec. 10 NRS 225.165 is hereby amended to read as follows:
225.165 1. The secretary of state may establish a trust account, designated the secretary of state's trust account for advance fees, with the state treasurer in which persons who require the services of the secretary of state may deposit advance fees for payment of those services. Unless the appropriate fee accompanies the request for service, upon providing the service, the secretary of state shall cause the account to be debited.
2. The secretary of state shall prescribe, by regulation [, the] :
(a) The services for which advance fees may be deposited with the state treasurer and paid for upon providing the service [.] ; and
(b) The minimum amount of advance fees each person must maintain in the trust account.
3. The state treasurer, upon consultation with the secretary of state and the state controller, shall prescribe the procedure for the deposit and withdrawal of money from the trust account.
Sec. 11 NRS 78.755 is hereby amended to read as follows:
78.755 1. The secretary of state, for services relating to his official duties and the records of his office, shall charge and collect the fees designated in NRS 78.760 to 78.785, inclusive.
2. The secretary of state may accept the filing of documents by [telecopier] facsimile machine and employ new technology, as it is developed, to aid in the performance of all duties required by law. The secretary of state may establish rules, fee schedules and regulations not inconsistent with law, for filing documents by [telecopier] facsimile machine and for the adoption, employment and use of new technology in the performance of his duties.
Sec. 12 NRS 225.160 is hereby repealed.
Sec. 13 At the end of the 1996-97 fiscal year, the state controller shall transfer the assets and liabilities, to the extent the assets are not encumbered for the 1996-97 fiscal year, of the revolving account for the office of the secretary of state that is abolished pursuant to section 12 of this act to the state general fund.
Sec. 14 1. This section and sections 3, 12 and 13 of this act become effective on July 1, 1997.
2. Sections 1 and 4 to 11, inclusive, of this act become effective on October 1, 1997.
3. Section 2 of this act becomes effective on October 1, 1997, and expires by limitation on July 1, 1999.
TEXT OF REPEALED SECTION
225.160 Revolving account: Creation; use; reimbursement.
1. There is hereby created a revolving account for the office of secretary of state in the sum of $1,500, which may be used for refunds of revenue requiring immediate payment and for no other purposes.
2. The secretary of state shall deposit the money in the revolving account in a bank qualified to receive deposits of public funds as provided by law and the deposit must be secured by a depository bond satisfactory to the state board of examiners.
3. The secretary of state or his designee may sign all checks drawn upon the revolving account.
4. Payments made from the revolving account must be promptly reimbursed from the appropriate revenue in the state general fund collected by the secretary of state and the claim for reimbursement must be processed and paid as other claims against the state are paid.