NRS: CHAPTER 225 - SECRETARY OF STATE

[Rev. 6/29/2024 3:20:20 PM--2023]

CHAPTER 225 - SECRETARY OF STATE

GENERAL PROVISIONS

NRS 225.010 Qualifications of Secretary of State.

NRS 225.020 Election; term of office.

NRS 225.060 Deputies and Executive Assistant: Appointment; classification; duties; bond; restrictions on other employment.

NRS 225.080 General duties.

NRS 225.081 Duty to include and maintain on Internet website information concerning programs to provide financing for small businesses and certification as or programs to provide financing for disadvantaged business enterprises; regulations.

NRS 225.082 Duty to assign unique business identification number for purpose of establishing the identity of certain persons and entities.

NRS 225.083 Duty to post notice regarding customer’s responsibility regarding filed documents and penalty for filing false or forged documents and certain liens against certain persons; regulations.

NRS 225.084 Civil liability for filing record which is forged or fraudulently altered, contains false statement of material fact or is being filed in bad faith or to harass or defraud; rights, remedies and penalties cumulative; regulations.

NRS 225.085 Records: When deemed filed; retention; disposition; regulations.

NRS 225.095 Immunity from liability for examination, acceptance or filing of certain documents.

NRS 225.100 Duty to furnish certified copies of laws, records and instruments.

NRS 225.105 Uniform Commercial Code: Secretary of State may prescribe standards for forms; regulations concerning fees for forms.

NRS 225.115 Administration of oaths and affirmations.

NRS 225.120 Biennial report.

NRS 225.140 Fees: Imposition; regulations; posting of fee schedule.

NRS 225.150 Deposit of fees.

NRS 225.155 Disposition of excess payments.

NRS 225.163 Petty cash account: Creation; use; replenishment.

NRS 225.165 Secretary of State’s Trust Account for Advance Fees: Establishment; use; regulations.

NRS 225.170 Securities Division: Creation; Administrator; legal counsel.

ADVISORY COMMITTEE ON PARTICIPATORY DEMOCRACY

NRS 225.200 Definitions.

NRS 225.210 “Advisory Committee” defined.

NRS 225.220 “Participatory democracy” defined.

NRS 225.240 Creation; composition; officers; staff; term of members; vacancies; allowances.

NRS 225.250 Duties; authority to establish panel.

NRS 225.260 Meetings; presiding officer; quorum.

NRS 225.270 Gifts, grants and donations; Special Account for the Support of the Advisory Committee.

NEVADA LOCKBOX

NRS 225.300 Definitions.

NRS 225.310 “Lockbox” defined.

NRS 225.320 “Nevada Lockbox” defined.

NRS 225.330 “Other document” defined.

NRS 225.340 “Registrant” defined.

NRS 225.350 “Will” defined.

NRS 225.360 Authority to establish and maintain registry; required components of registry; electronic reproductions.

NRS 225.370 Establishment of individual lockboxes within registry; duties of Secretary of State.

NRS 225.380 Restrictions upon access to individual lockboxes within registry.

NRS 225.390 Removal from registry of contents filed previously by registrant who is now deceased.

NRS 225.400 Contents of registry not required to be verified for accuracy or legal validity; lack of presumptions concerning documents filed in registry; effect of registration, failure to register and failure to notify Secretary of State of revocation of will or other document.

NRS 225.410 Fees for registration; gifts, grants, bequests and contributions.

NRS 225.420 Disposition and accounting of money.

NRS 225.430 Immunity from liability for acts and omissions made in good faith.

NRS 225.440 Regulations.

KEEP NEVADA WORKING TASK FORCE

NRS 225.500 Short title.

NRS 225.510 “Task Force” defined.

NRS 225.520 Creation; membership; terms; compensation.

NRS 225.530 Election of Chair and Vice Chair; meetings; quorum.

NRS 225.540 Powers; annual report to Legislative Commission; gifts, grants and donations; administrative support; assistance from governmental entities.

TASK FORCE ON SAFE SIDEWALK VENDING

NRS 225.600 Creation; membership; terms; quorum; advisory board; gifts, donations, bequests and grants.

NRS 225.610 Duties; biennial report to Legislative Commission.

_________

GENERAL PROVISIONS

NRS 225.010 Qualifications of Secretary of State. No person shall be eligible to the Office of Secretary of State unless the person:

1. Has attained the age of 25 years at the time of such election; and

2. Is a qualified elector and has been a citizen resident of this State for 2 years next preceding the election.

[Part 2:108:1866; A 1953, 711; 1955, 459]

NRS 225.020 Election; term of office.

1. The Secretary of State shall be elected by the qualified electors of the State.

2. The Secretary of State shall be chosen at the general election of 1866, and every 4th year thereafter, and shall hold office for the term of 4 years from the time of his or her installment and until his or her successor shall be qualified.

[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL § 4774]

NRS 225.030 Office. The Secretary of State shall keep his or her office at the seat of government.

[Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL § 4774]—(NRS A 1977, 1369)

NRS 225.050 Salary.

1. Until the first Monday in January 2007, the Secretary of State is entitled to receive an annual salary of $80,000. From the first Monday in January 2007, until the first Monday in January 2011, the Secretary of State is entitled to receive an annual salary of $97,000.

2. On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the Secretary of State must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding term of the Secretary of State.

[3:295:1953; A 1955, 527] + [2:320:1955] + [11:320:1955] + [13:320:1955]—(NRS A 1957, 540; 1961, 305; 1965, 970; 1969, 791; 1971, 2207; 1977, 1015; 1981, 1370; 1985, 1609; 1989, 1897; 1997, 1226; 2005, 1183)

NRS 225.060 Deputies and Executive Assistant: Appointment; classification; duties; bond; restrictions on other employment.

1. The Secretary of State may, under his or her hand and seal, appoint an Executive Assistant, a Chief Deputy, a Deputy of Commercial Recordings, a Deputy of Elections, a Deputy of Securities and not more than two additional deputies in the unclassified service of the State as he or she may deem necessary to perform fully the duties of the Office of Secretary of State. The Chief Deputy, Deputy of Commercial Recordings, Deputy of Elections, Deputy of Securities and any other deputies so appointed may perform all the duties required of the Secretary of State.

2. For his or her own security, the Secretary of State may require each deputy to give him or her a bond in such sum and with such sureties as the Secretary of State may deem sufficient.

3. Except as otherwise provided in NRS 284.143, the persons appointed pursuant to subsection 1 shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other office of profit.

[Part 14:40:1865; B § 2795; BH § 1799; C § 1939; RL § 4261; NCL § 7417]—(NRS A 1967, 1488; 1971, 1423; 1981, 1271; 1989, 988; 1997, 616; 2001, 1003; 2017, 16)

NRS 225.080 General duties. The Secretary of State shall:

1. 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 that house.

3. Keep the official bond of the Treasurer, while the bond is in force.

4. Permit all the records and transactions of the Office of the Secretary of State to be open at all times to the inspection and examination of any committee of either house of the Legislature.

5. Furnish information, in writing, upon any subject relating to the duties of the Office of the Secretary of State to the Governor, whenever required.

6. Deliver, in good order and condition, to his or her successor, all records, books, papers and other things belonging to the Office of the Secretary of State.

[5:40:1865; B § 2786; BH § 1791; C § 1933; RL § 4255; NCL § 7412]—(NRS A 1985, 1487; 1997, 2805)

1. The Secretary of State shall include and maintain on the Internet website of the Secretary of State information concerning:

(a) Programs to provide financing for small businesses. The information must include, without limitation, information concerning:

(1) Grants or loans of money from the Catalyst Account created by NRS 231.1573;

(2) The issuance of revenue bonds for industrial development pursuant to NRS 349.400 to 349.670, inclusive;

(3) The Nevada Collateral Support Program pursuant to 12 U.S.C. §§ 5701 et seq.;

(4) The Nevada Microenterprise Initiative Program pursuant to 12 U.S.C. §§ 5701 et seq.;

(5) The Nevada New Markets Jobs Act pursuant to chapter 231A of NRS;

(6) The Nevada Silver State Opportunities Fund established to make investments pursuant to NRS 355.250 to 355.285, inclusive;

(7) Loans from the Small Business Administration pursuant to 15 U.S.C. §§ 631 et seq.; and

(8) Any other program to provide financing for small businesses designated by the Secretary of State.

(b) The process by which the business may become certified as a disadvantaged business enterprise for the purposes of 49 C.F.R. § 26.5 or a program to provide financing for disadvantaged business enterprises.

2. The Secretary of State may adopt regulations as he or she deems necessary to carry out the provisions of this section.

(Added to NRS by 2017, 2862)

NRS 225.082 Duty to assign unique business identification number for purpose of establishing the identity of certain persons and entities. For the purpose of establishing the identity of an entity organized pursuant to title 7 of NRS or a person who is issued a state business license pursuant to chapter 76 of NRS or who claims to be excluded or exempt from the requirement to obtain a state business license pursuant to NRS 76.105, the Secretary of State shall assign a unique business identification number to each such entity or person.

(Added to NRS by 2015, 1322, 2661, 3364)

1. Except as otherwise provided in NRS 293.671, the Secretary of State shall prominently post the following notice at each office and each location on his or her Internet website at which documents are accepted for filing:

The Secretary of State is not responsible for the content, completeness or accuracy of any document filed in this office. Customers should periodically review the documents on file in this office to ensure that the documents pertaining to them are complete and accurate.

Pursuant to NRS 239.330, any person who knowingly offers any false or forged instrument for filing in this office is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and may be further punished by a fine of not more than $10,000. Additionally, any person who knowingly offers any false or forged instrument for filing in this office may also be subject to civil liability.

Pursuant to NRS 205.397, any person who presents for filing in this office a lien against the real or personal property of a public officer, candidate for public office, public employee or participant in an official proceeding, or a member of the immediate family of a public officer, candidate for public office, public employee or participant, which is based on the performance of or failure to perform a duty relating to the office, employment or participation by the public officer, candidate for public office, public employee or participant if the person knows or has reason to know that the lien is forged or fraudulently altered, contains a false statement of material fact or is being filed in bad faith or for the purpose of harassing or defrauding any person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $150,000. The person may also be subject to civil liability.

2. The Secretary of State may adopt regulations prescribing procedures to prevent the filing in his or her office of:

(a) False, fraudulent, fraudulently altered or forged documents.

(b) Documents that contain a false statement of material fact.

(Added to NRS by 2001, 2375; A 2015, 937, 1359; 2019, 4126)

1. A person shall not willfully file, promote the filing of, or cause to be filed, or attempt or conspire to file, promote the filing of, or cause to be filed, any record in the Office of the Secretary of State if the person has actual knowledge that the record:

(a) Is forged or fraudulently altered;

(b) Contains a false statement of material fact; or

2. Any person who violates this section is liable in a civil action brought pursuant to this section for:

(a) Actual damages caused by each separate violation of this section or $10,000 for each separate violation of this section, whichever is greater;

(b) All costs of bringing and maintaining the action, including investigative expenses and fees for expert witnesses;

(d) Any punitive damages that the facts may warrant.

3. A civil action may be brought pursuant to this section by:

(a) Any person who is damaged by a violation of this section, including, without limitation, any person who is damaged as the result of an action taken in reliance on a record filed in violation of this section; or

(b) The Attorney General, in the name of the State of Nevada, if the matter is referred to the Attorney General by the Secretary of State and if the Attorney General, after due inquiry, determines that a civil action should be brought pursuant to this section. Any money recovered by the Attorney General pursuant to this paragraph, after deducting all costs and expenses incurred by the Attorney General and the Secretary of State to investigate and act upon the violation, must be deposited in the State General Fund.

4. For the purposes of this section, each filing of a single record that constitutes a violation of this section shall be deemed to be a separate violation.

5. The rights, remedies and penalties provided pursuant to this section are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, any criminal penalty that may be imposed pursuant to NRS 205.397 or 239.330.

6. The Secretary of State may adopt regulations prescribing procedures for correcting any record filed in violation of this section.

7. As used in this section, “record” means information that is:

(a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(b) Filed or offered for filing by a person pursuant to any provision of title 7 of NRS or Article 9 of the Uniform Commercial Code.

(Added to NRS by 2005, 2271; A 2007, 1344; 2015, 1360)

NRS 225.085 Records: When deemed filed; retention; disposition; regulations.

1. Except as otherwise provided by specific statute, a record shall be deemed to be filed with the Secretary of State when it is placed in the care, custody and control of the Office of the Secretary of State 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.

(Added to NRS by 1997, 2804; A 2003, 1951)

NRS 225.095 Immunity from liability for examination, acceptance or filing of certain documents. The Secretary of State and the deputies, employees and attorneys of the Secretary of State are not liable for any action or omission made in good faith by the Secretary of State, deputy, employee or attorney in the performance of his or her duties or exercise of authority with respect to the examination, acceptance or filing of any document which is received from any person or business association pursuant to title 7 of NRS and which is inaccurate or defective in any way.

(Added to NRS by 2001, 1415; A 2001, 3199)

NRS 225.100 Duty to furnish certified copies of laws, records and instruments. The Secretary of State shall furnish, on request, to any person who has paid the proper fee for it, a certified copy of all or any part of any law, act, record or other instrument of writing on file or deposited with the Office of the Secretary of State of which a copy may properly be given.

[6:40:1865; B § 2787; BH § 1792; C § 1934; RL § 4256; NCL § 7413]—(NRS A 1965, 560; 1979, 178)

NRS 225.105 Uniform Commercial Code: Secretary of State may prescribe standards for forms; regulations concerning fees for forms. The Secretary of State may prescribe standards for appropriate forms to be used pursuant to NRS 104.9521 which must be accepted by the county recorder of every county of this state at the lower rate prescribed by those sections. The Secretary of State may, by regulation, establish the fees that must be paid to obtain copies of these forms.

(Added to NRS by 1967, 94; A 1997, 2805; 1999, 392)

NRS 225.115 Administration of oaths and affirmations. The Secretary of State and any deputy designated by the Secretary of State may administer any oath or affirmation appropriate to the performance of his or her duties.

(Added to NRS by 1985, 1486)

NRS 225.120 Biennial report. On or before September 15 of each even-numbered year, the Secretary of State shall prepare and render a biennial report to the Governor. The report must include:

1. An exhibit showing in detail all expenditures made by the Secretary of State or under the direction of the Secretary of State during the biennium ending June 30 of that even-numbered year;

2. An accounting of all money received by the Secretary of State from whatever source and the disposition made of the money during that biennium; and

3. All matters relating to the general business of the Office of the Secretary of State during that biennium.

[1:103:1873; B § 280; BH §§ 1800, 4952; C § 1940; RL § 4262; NCL § 7422]—(NRS A 1973, 1409; 2007, 244)

NRS 225.140 Fees: Imposition; regulations; posting of fee schedule.

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 certifying to 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................................................... $20

For each passport or other document signed by the Governor and attested by the Secretary of State 10

2. The Secretary of State:

(a) Shall charge a reasonable fee for searching records and documents kept in his or her 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 or her to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his or her official capacity or respecting his or her 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) One thousand dollars, for providing service within 1 hour after the time service is requested;

(2) Five hundred dollars, for providing service more than 1 hour but within 2 hours after the time the service is requested; and

(3) One hundred twenty-five 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 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.

Ê 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.

(f) May charge a reasonable fee for searching for and cancelling or removing, if requested, any filing that has been submitted to him or her but not yet processed.

3. 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.

[Part 2:52:1933; A 1949, 409; 1943 NCL § 7421.02] + [Part 1:180:1907; RL § 4635; NCL § 7695]—(NRS A 1963, 59; 1979, 77, 178, 599; 1981, 140; 1983, 705; 1985, 1487; 1987, 1112; 1989, 988; 1991, 1310; 1993, 491; 1997, 888, 2805; 1999, 606; 2001, 582, 3193; 2003, 1951; 2003, 20th Special Session, 131; 2005, 2272; 2009, 1024)

NRS 225.150 Deposit of fees. Unless otherwise specifically provided by law, all fees collected by the Secretary of State shall be deposited with the State Treasurer for credit to the State General Fund.

(Added to NRS by 1979, 76)

NRS 225.155 Disposition of excess payments.

1. 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 within 12 months after the date on which the excess payment was received, the Secretary of State shall deposit the excess payment with the State Treasurer for credit to the State General Fund.

(Added to NRS by 1987, 1112; A 1989, 989; 1997, 2806; 1999, 606; 2007, 244)

NRS 225.163 Petty cash account: Creation; use; replenishment.

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.

(Added to NRS by 1997, 2804)

NRS 225.165 Secretary of State’s Trust Account for Advance Fees: Establishment; use; regulations.

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:

(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.

(Added to NRS by 1989, 987; A 1993, 171; 1997, 2807)

NRS 225.170 Securities Division: Creation; Administrator; legal counsel.

1. There is hereby created within the Office of the Secretary of State a Securities Division. The Deputy of Securities shall serve as the Administrator of the Division.

2. The Secretary of State may, alternatively:

(a) Use the services of an assigned deputy attorney general as legal counsel for the Division.

(b) Appoint an attorney as legal counsel for the Division. If appointed, he or she is in the unclassified service of the State.

(c) Contract for services to be rendered by such other legal counsel as are needed for assistance in administering chapter 90 of NRS.

3. Each of the legal counsel must be an attorney admitted to practice law in Nevada.

(Added to NRS by 1987, 1294; A 1987, 2192; 1989, 160; 2001, 1003; 2009, 1026; 2017, 16)

ADVISORY COMMITTEE ON PARTICIPATORY DEMOCRACY

NRS 225.200 Definitions. As used in NRS 225.200 to 225.270, inclusive, unless the context otherwise requires, the words and terms defined in NRS 225.210 and 225.220 have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 2258; A 2013, 55)

NRS 225.210 “Advisory Committee” defined. “Advisory Committee” means the Advisory Committee on Participatory Democracy created by NRS 225.240.

(Added to NRS by 2003, 2258)

NRS 225.220 “Participatory democracy” defined. “Participatory democracy” means the participation of residents of this State in the development of public policy and in the improvement of the operation of government at all levels.

(Added to NRS by 2003, 2258)

NRS 225.240 Creation; composition; officers; staff; term of members; vacancies; allowances.

1. The Advisory Committee on Participatory Democracy is hereby created within the Office of the Secretary of State.

2. The Advisory Committee consists of not more than 10 members including:

(a) The Secretary of State or his or her designee; and

(b) Not more than nine other members appointed by the Secretary of State.

3. The Secretary of State shall:

(a) Consider political, geographical and demographical factors when appointing members of the Advisory Committee;

(b) Select the Chair of the Advisory Committee from among its members; and

4. The Secretary of State may assign such other employees of his or her Office as he or she deems necessary to assist the Advisory Committee in its duties.

5. The Chair of the Advisory Committee shall appoint a Vice Chair from among the members of the Advisory Committee.

6. After the initial term, each member of the Advisory Committee shall serve for a term of 2 years. Each term must end on June 30 of the appropriate year. Each member of the Advisory Committee serves at the pleasure of the Secretary of State. If a vacancy occurs, the Secretary of State shall appoint a new member to fill the vacancy for the remainder of the unexpired term.

7. Members of the Advisory Committee serve without compensation. If sufficient money is available in the Special Account for the Support of the Advisory Committee created by NRS 225.270, members are entitled to the per diem and travel allowances provided for state officers and employees generally while attending meetings of the Advisory Committee.

(Added to NRS by 2003, 2258; A 2017, 670)

NRS 225.250 Duties; authority to establish panel.

1. The Advisory Committee shall:

(a) Assist the Secretary of State in identifying and proposing programs that support participatory democracy and solutions to any problem concerning the level of participatory democracy, including, without limitation, proposing methods to involve the news media in the process of addressing and proposing solutions to such a problem;

(b) Make recommendations to and discuss recommendations with the Secretary of State concerning matters brought to the attention of the Advisory Committee that relate to a program, activity, event or any combination thereof designed to increase or facilitate participatory democracy, including, without limitation, the interaction of citizens with governing bodies in the formulation and implementation of public policy;

(c) Establish a “Jean Ford Democracy Award” to honor citizens who perform exemplary service in promoting participatory democracy in this State;

(d) Support projects by national, state and local entities that encourage and advance participatory democracy, including programs established by the National Conference of State Legislatures, the State Bar of Nevada, and other public and private organizations; and

(e) Advise the Secretary of State and the Governor concerning the substance of any proclamation issued by the Governor pursuant to NRS 236.035.

2. The Advisory Committee may establish a panel to assist the Advisory Committee in carrying out its duties and responsibilities. The panel may consist of:

(a) Representatives of organizations, associations, groups or other entities committed to improving participatory democracy in this State, including, without limitation, representatives of committees that are led by youths and established to improve the teaching of the principles of participatory democracy in the schools, colleges and universities of this State; and

(b) Any other interested persons with relevant knowledge.

(Added to NRS by 2003, 2258; A 2011, 2936; 2013, 55)

NRS 225.260 Meetings; presiding officer; quorum.

1. The Advisory Committee shall meet at least one time, but shall not meet more than four times, in a calendar year. A special meeting of the Advisory Committee may be called by the Secretary of State and the Chair of the Advisory Committee at such additional times as they deem necessary.

2. The Chair of the Advisory Committee or, in the absence of the Chair, the Vice Chair of the Advisory Committee, shall preside at each meeting of the Advisory Committee.

3. A majority of the members of the Advisory Committee constitute a quorum.

(Added to NRS by 2003, 2259; A 2017, 671)

NRS 225.270 Gifts, grants and donations; Special Account for the Support of the Advisory Committee.

1. The Secretary of State may apply for any available grants and accept any gifts, grants or donations for the support of the Advisory Committee and its activities pursuant to NRS 225.200 to 225.270, inclusive.

2. Any money received pursuant to this section must be deposited in the Special Account for the Support of the Advisory Committee, which is hereby created in the State General Fund. Interest and income earned on money in the Account must be credited to the Account. Money in the Account may only be used for the support of the Advisory Committee and its activities pursuant to NRS 225.200 to 225.270, inclusive.

(Added to NRS by 2003, 2259)

NEVADA LOCKBOX

NRS 225.300 Definitions. As used in NRS 225.300 to 225.440, inclusive, unless the context otherwise requires, the words and terms defined in NRS 225.310 to 225.350, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2009, 1022)

NRS 225.310 “Lockbox” defined. “Lockbox” means an electronic file, including, without limitation, any will or other document stored electronically in the file, that is established in the Nevada Lockbox and registered to a person pursuant to NRS 225.370.

(Added to NRS by 2009, 1022)

NRS 225.320 “Nevada Lockbox” defined. “Nevada Lockbox” means the registry authorized to be established by the Secretary of State pursuant to NRS 225.360.

(Added to NRS by 2009, 1022)

NRS 225.330 “Other document” defined. “Other document” means a document registered with the Secretary of State pursuant to NRS 225.370 and may include, without limitation, a passport, a birth certificate, a marriage license, a form requesting to nominate a guardian that is executed in accordance with NRS 159.0753 or a power of attorney for health care that is properly executed pursuant to NRS 162A.790.

(Added to NRS by 2009, 1022; A 2017, 4364; 2019, 2194)

NRS 225.340 “Registrant” defined. “Registrant” means a person whose will or other document is registered with the Secretary of State pursuant to NRS 225.370.

(Added to NRS by 2009, 1022)

NRS 225.350 “Will” defined. “Will” has the meaning ascribed to it in NRS 132.370.

(Added to NRS by 2009, 1022)

NRS 225.360 Authority to establish and maintain registry; required components of registry; electronic reproductions. The Secretary of State may establish and maintain on his or her Internet website a registry to be known as the Nevada Lockbox. The registry must include, without limitation, in a secure portion of the website, an electronic reproduction of each will or other document filed by a registrant. The electronic reproduction must be capable of being viewed on the registry and downloaded, printed or otherwise retrieved by a person pursuant to NRS 225.370.

(Added to NRS by 2009, 1022)

NRS 225.370 Establishment of individual lockboxes within registry; duties of Secretary of State. If the Nevada Lockbox is established pursuant to NRS 225.360:

1. A person who wishes to establish a lockbox and thereby register a will or other document in the Nevada Lockbox must submit to the Secretary of State:

(a) An application in the form prescribed by the Secretary of State;

(b) A copy of the will or other document to be registered; and

2. If the person satisfies the requirements of subsection 1, the Secretary of State shall:

(a) Make an electronic reproduction of the will or other document and post it within the registrant’s lockbox;

(b) Assign to the registrant a registration number and access code for the lockbox; and

(1) The name of the registrant;

(2) The registration number assigned to the registrant pursuant to paragraph (b); and

(3) The access code assigned to the registrant pursuant to paragraph (b).

3. The Secretary of State shall establish procedures for, without limitation:

(a) The registration of a will or other document which replaces a will or other document that has been registered previously and posted within the Nevada Lockbox;

(b) The removal from the Nevada Lockbox of a will or other document that has been revoked at the request of the registrant; and

(c) The issuance of a duplicate registration card or the provision of other access by a registrant to his or her registration number and access code if a registration card issued pursuant to this section is lost, stolen, mutilated, destroyed or otherwise unavailable.

(Added to NRS by 2009, 1022; A 2017, 4364)

NRS 225.380 Restrictions upon access to individual lockboxes within registry. If the Nevada Lockbox is established pursuant to NRS 225.360:

1. Except as otherwise provided in this section, the Secretary of State shall not provide access to the lockbox of a registrant unless:

(a) The person requesting access provides the registration number and access code of the registrant;

(b) The Secretary of State determines that providing access to the lockbox is in the best interest of the registrant;

(d) Access to the lockbox is requested by the registrant or his or her personal representative; or

(e) Access to the lockbox is requested by a court, hospital, law enforcement agency or other entity that needs to determine whether a person has designated a guardian. Except as otherwise provided in subsection 2, the Secretary of State shall ensure that a person who needs access to the lockbox pursuant to this paragraph does not have access to any document contained in the lockbox other than a form requesting to nominate a guardian that is executed in accordance with NRS 159.0753.

2. A court that requests access to the lockbox pursuant to paragraph (e) of subsection 1 may access any other document contained in the lockbox as is necessary to determine whether a person has made more than one designation of a guardian.

3. A registrant or his or her personal representative may access the lockbox of the registrant for any purpose.

(Added to NRS by 2009, 1023; A 2017, 4364)

NRS 225.390 Removal from registry of contents filed previously by registrant who is now deceased. If the Nevada Lockbox is established pursuant to NRS 225.360, the Secretary of State may remove from the Nevada Lockbox the contents of the lockbox of a deceased registrant only:

1. Upon the request of the registrant’s personal representative;

2. Upon receiving confirmation that probate of the estate of the registrant is completed; or

3. Pursuant to the lawful order of a court of competent jurisdiction.

(Added to NRS by 2009, 1023)

1. The provisions of NRS 225.300 to 225.440, inclusive, do not require that the Secretary of State determine whether the contents of a will or other document submitted for registration are accurate or whether the execution or issuance of the will or other document complies with the requirements necessary to make the will or other document valid.

2. The registration of a will or other document does not establish or create a presumption that the contents thereof are accurate or that the execution or issuance of the will or other document complies with the requirements necessary to make the will or other document valid.

3. The registration of or the failure to register a will or other document does not otherwise affect the validity of the will or other document.

4. Failure to notify the Secretary of State of the revocation of a will or other document does not affect the validity of the will or other document.

5. The existence or nonexistence of the registration of a will must not be considered an evidentiary fact in a proceeding relating to the will.

6. The failure to register a document related to a will must not be considered in determining the validity of the will.

7. An attorney is not subject to liability for malpractice for failing to register a will, or any document related to the will, of a client.

(Added to NRS by 2009, 1023)

NRS 225.410 Fees for registration; gifts, grants, bequests and contributions.

1. If the Nevada Lockbox is established pursuant to NRS 225.360, the Secretary of State may charge and collect fees for the registration of a will or other document pursuant to NRS 225.370.

2. The Secretary of State may accept gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of NRS 225.300 to 225.440, inclusive. A person who gives a gift, grant, bequest or other contribution may designate a specific purpose for the gift, grant, bequest or other contribution to carry out the provisions of NRS 225.300 to 225.440, inclusive.

(Added to NRS by 2009, 1024; A 2017, 4365)

NRS 225.420 Disposition and accounting of money.

1. All money received by the Secretary of State pursuant to NRS 225.300 to 225.440, inclusive, must be:

(a) Deposited in the State Treasury and accounted for separately in the State General Fund; and

(b) Used only for the purpose of carrying out the provisions of NRS 225.300 to 225.440, inclusive.

2. The Secretary of State shall administer the account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

3. The money in the account does not lapse to the State General Fund at the end of a fiscal year.

4. Claims against the account must be paid as other claims against the State are paid.

(Added to NRS by 2009, 1024)

NRS 225.430 Immunity from liability for acts and omissions made in good faith. The Secretary of State and the deputies, employees and attorneys of the Secretary of State are not liable for any action or omission made in good faith by the Secretary of State, deputy, employee or attorney in carrying out the provisions of NRS 225.300 to 225.440, inclusive.

(Added to NRS by 2009, 1024)

NRS 225.440 Regulations. The Secretary of State may adopt such regulations as he or she determines to be necessary or advisable to carry out the provisions of NRS 225.300 to 225.440, inclusive.

(Added to NRS by 2009, 1024)

KEEP NEVADA WORKING TASK FORCE

NRS 225.500 Short title. NRS 225.500 to 225.540, inclusive, may be cited as the Keep Nevada Working Act.

(Added to NRS by 2023, 2740)

NRS 225.510 “Task Force” defined. As used in NRS 225.500 to 225.540, inclusive, “Task Force” means the Keep Nevada Working Task Force created by NRS 225.520.

(Added to NRS by 2023, 2740)

NRS 225.520 Creation; membership; terms; compensation.

1. The Keep Nevada Working Task Force is hereby created within the Office of the Secretary of State.

2. The Task Force consists of:

(a) The Secretary of State, or his or her designee;

(b) Seven members appointed by the Secretary of State; and

3. Every member appointed to the Task Force shall represent at least one of the following:

(a) An immigrant advocacy group;

(b) A professional association representing business;

(d) A workforce or economic development interest;

(e) A bar association or like association of lawyers which is involved in the advocacy of immigrants;

(f) A faith-based, nonprofit organization;

(g) An advocacy group which focuses on immigration and criminal justice;

(h) An institution of higher education; or

(i) A state or local law enforcement agency.

4. The members of the Task Force shall serve terms of 3 years. A member may be reappointed to the Task Force and any vacancy must be filled in the same manner as the original appointment.

5. The members of the Task Force serve without compensation.

(Added to NRS by 2023, 2740)

NRS 225.530 Election of Chair and Vice Chair; meetings; quorum.

1. At the first meeting of each fiscal year, the Task Force shall elect from its members a Chair and Vice Chair.

2. The Task Force shall meet at least once each quarter and hold meetings at various locations throughout the State.

3. A majority of the members of the Task Force constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Task Force.

(Added to NRS by 2023, 2741)

NRS 225.540 Powers; annual report to Legislative Commission; gifts, grants and donations; administrative support; assistance from governmental entities.

1. The Task Force may:

(a) Develop strategies with private sector businesses, labor organizations and immigrant advocacy groups to support current and future industries across this State;

(b) Conduct research on methods to strengthen career pathways for immigrants and create enhanced partnerships with projected growth industries;

(c) Support the efforts of business leadership, civic groups, government and immigrant advocacy groups to provide predictability and stability to the workforce in this State;

(d) Recommend approaches to improve the ability of this State to attract and retain immigrant business owners that provide new business and trade opportunities; and

(e) Enter into a contract with a consultant to perform research necessary to carry out the duties of the Task Force.

2. On or before July 1, 2024, and on or before July 1 of each subsequent year, the Task Force shall submit a written report to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission. The report must include, without limitation, a summary of the work of the Task Force and any recommendations for legislation.

3. The Secretary of State may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of NRS 225.500 to 225.540, inclusive.

4. The Office of the Secretary of State shall provide personnel, facilities, equipment, funding and supplies as required by the Task Force to carry out its duties.

5. Each agency, board, commission, department, officer, employee or agent of this State, or a political subdivision thereof, shall provide the Task Force with such assistance as the Task Force may reasonably require in discharging its duties.

(Added to NRS by 2023, 2741)

TASK FORCE ON SAFE SIDEWALK VENDING

NRS 225.600 Creation; membership; terms; quorum; advisory board; gifts, donations, bequests and grants.

1. The Task Force on Safe Sidewalk Vending is hereby created within the Office of the Secretary of State.

2. The Task Force consists of the following nine members appointed by the Secretary of State:

(a) A representative of a health district in a county whose population is 100,000 or more;

(b) A representative employed by a county or city whose primary duties are the performance of tasks related to business licensing;

(d) A representative from a law enforcement agency in a county whose population is 100,000 or more;

(e) A representative from the Office of the Secretary of State; and

(f) Four members at large chosen by the Secretary of State, with priority given to persons who are sidewalk vendors or are affiliated with a community organization that represents and affiliates with sidewalk vendors.

3. The members of the Task Force:

(a) Shall serve terms of 3 years. A member may be reappointed to the Task Force and any vacancy must be filled in the same manner as the original appointment.

(b) Serve without compensation.

4. A majority of the members of the Task Force constitutes a quorum for the transaction of business, and a majority of those members present at the meeting is sufficient for any official action taken by the Task Force.

5. To support the activities of the Task Force, the Secretary of State may establish an advisory board composed of representatives of counties, cities and businesses, including, without limitation, a member of a health department or health district.

6. The Task Force may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the duties of the Task Force.

(Added to NRS by 2023, 1437)

NRS 225.610 Duties; biennial report to Legislative Commission.

1. The Task Force on Safe Sidewalk Vending created by NRS 225.600 shall:

(a) Review the existing laws of this State, the cities and counties in this State and those of other states and municipalities relating to sidewalk vending; and

(b) Recommend approaches to improve the laws of this State and the cities and counties of this State to:

(1) Legalize sidewalk vending;

(2) Simplify and standardize the laws governing sidewalk vending;

(3) Remove unnecessary barriers to sidewalk vending;

(4) Protect the public health, safety and welfare by ensuring sidewalk vendors follow clear and narrowly tailored laws which address demonstrable health, safety and welfare risks; and

(5) Develop enforcement mechanisms, including, without limitation, civil penalties for sidewalk vendors that operate in authorized areas.

2. On or before September 1 of each even-numbered year, the Task Force shall submit to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission a written report. The report must include, without limitation, a summary of the work of the Task Force and any recommendations for legislation and regulations.

(Added to NRS by 2023, 1438)