SB112_EN

Senate Bill No. 112–Committee on Government Affairs

CHAPTER..........

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:

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

225.085 [A]

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

shall be deemed to be filed with the Secretary of State [if] when it

is placed in the care, custody and control of the Office of the

Secretary of State[. Such a] and the Secretary of State determines

that the record:

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

and

(b) Meets all other applicable requirements for filing.

2. A record that is filed with the Secretary of State 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.

3. The Secretary of State shall adopt regulations to define

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

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

225.140 1. 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] a copy of any law,

joint resolution, transcript of record or other

paper on file or of record with the Secretary of

State, including, but not limited to, a document

required to be filed pursuant to title 24 of

NRS, and use of the state seal, for each impression [10.00] $20.00

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[.] , including, but not limited to,

records and documents that are stored on a computer database.

(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.

(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:

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

after the time the service is requested; and

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

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

hours but within 24 hours after the time the service is requested,

accepting documents filed by 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, disc or

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

on duplicate film.

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

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

returned to the Office of the Secretary of State because the person

had insufficient money or credit with the drawee to pay the check

or other instrument or because the person stopped payment on the

check or other instrument:

(1) A fee of $25; and

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

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

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

incurred by the Office of the Secretary of State to perform the

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

(I) Reversing the status of the entities in the records of

the Office of the Secretary of State; and

(II) Recouping any fees charged for services rendered

by the Office of the Secretary of State to the entities, including,

without limitation, fees charged for providing service pursuant to

paragraph (d), providing copies or issuing certificates.

The Secretary of State shall, by regulation, establish procedures

for the imposition of the fees authorized by this paragraph and

the manner in which a fee authorized by subparagraph (2) will be

calculated.

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

subsection 2:

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

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

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

paragraph 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 in excess of $2,000,000 must be transferred to

the State General Fund. 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:

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

(2) 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.

(b) After deducting the amount required pursuant to paragraph

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

credit to the State General Fund.

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

authorized to be charged pursuant to this section in a

conspicuous place at each office at which such fees are collected.

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

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

specific statute, any document or payment required or permitted by

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

of its agencies or political subdivisions shall be deemed filed or

made on the date of the postmark dated by the post office on the

envelope in which it was mailed.

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

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

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

the date it was mailed, if the sender:

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

that the mailing date was on or before the required date for filing or

payment; and

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

duplicate of the contents of the envelope within 15 days after he

becomes aware that it was not received.

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

or making payment is a Saturday, Sunday or legal holiday, the

filing or payment is timely if performed on the next day which is

not a Saturday, Sunday or legal holiday.

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

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

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

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