2005 Nevada Revised Statutes - Chapter 225 — Secretary of State

CHAPTER 225 - SECRETARY OF STATE

GENERAL PROVISIONS

NRS 225.010 Qualificationsof Secretary of State.

NRS 225.020 Election;term of office.

NRS 225.030 Office.

NRS 225.050 Salary.

NRS 225.060 Deputiesand Executive Assistant: Appointment; bond; restrictions on other employment.

NRS 225.080 Generalduties.

NRS 225.083 Falseor forged documents: Posting notice regarding customers responsibility andpenalty; regulations.

NRS 225.084 Civilliability for filing record which is forged or fraudulently altered, recordcontaining false statement of material fact or record filed in bad faith.

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

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

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

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

NRS 225.115 Administrationof oaths.

NRS 225.120 Biennialreport: Contents.

NRS 225.140 Fees.

NRS 225.150 Depositof fees.

NRS 225.155 Excesspayments to Secretary of State; disposition.

NRS 225.163 PettyCash Account: Creation; use; replenishment.

NRS 225.165 Secretaryof States Trust Account for Advance Fees: Establishment; use; regulations.

NRS 225.170 SecuritiesDivision: Creation; Administrator; legal counsel.

ADVISORY COMMITTEE ON PARTICIPATORY DEMOCRACY

NRS 225.200 Definitions.

NRS 225.210 AdvisoryCommittee defined.

NRS 225.220 Participatorydemocracy defined.

NRS 225.230 Repositorydefined.

NRS 225.240 Creation;composition; Chairman; terms of members; vacancies; compensation of members.

NRS 225.250 Duties.

NRS 225.260 Meetings;quorum.

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

_________

 

GENERAL PROVISIONS

NRS 225.010 Qualificationsof Secretary of State. No person shall be eligibleto the Office of Secretary of State unless:

1. He shall have attained the age of 25 years at thetime of such election; and

2. He is a qualified elector and has been a citizenresident 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 thequalified electors of the State.

2. The Secretary of State shall be chosen at thegeneral election of 1866, and every 4th year thereafter, and shall hold hisoffice for the term of 4 years from the time of his installment and until hissuccessor 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 office at the seatof 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 inJanuary 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 inJanuary 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 thefirst Monday of every fourth year thereafter, the salary of the Secretary ofState must be increased by an amount equal to the cumulative percentageincrease in the salaries of the classified employees of this State during theimmediately 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 Deputiesand Executive Assistant: Appointment; bond; restrictions on other employment.

1. The Secretary of State may, under his hand andseal, appoint an Executive Assistant, a Chief Deputy, a Deputy of CommercialRecordings, a Deputy of Elections and not more than two additional deputies inthe unclassified service of the State as he may deem necessary to perform fullythe duties of his office. The Chief Deputy, Deputy of Commercial Recordings,Deputy of Elections and any other deputies so appointed may perform all theduties required of the Secretary of State.

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

3. Except as otherwise provided in NRS 284.143, the persons appointed pursuantto subsection 1 shall devote their entire time and attention to the business oftheir offices and shall not pursue any other businesses or occupations or holdany 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)

NRS 225.080 Generalduties. The Secretary of State shall:

1. Attest all the official acts and proceedings of theGovernor, and affix the seal of the State, with proper attestations, to allcommissions, pardons and other public instruments to which the signature of theGovernor is required. A copy of these instruments must be filed in the Officeof the Secretary of State.

2. Lay all papers, minutes and vouchers relative tothe official acts and proceedings of the Governor before either house of theLegislature when required by that house.

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

4. Permit all the records and transactions of hisoffice to be open at all times to the inspection and examination of anycommittee of either house of the Legislature.

5. Furnish information, in writing, upon any subjectrelating to the duties of his office to the Governor, whenever required.

6. Deliver, in good order and condition, to hissuccessor, all records, books, papers and other things belonging to his office.

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

NRS 225.083 Falseor forged documents: Posting notice regarding customers responsibility andpenalty; regulations.

1. The Secretary of State shall prominently post thefollowing notice at each office and each location on his Internet website atwhich documents are accepted for filing:

 

The Secretary of State is notresponsible for the content, completeness or accuracy of any document filed inthis office. Customers should periodically review the documents on file in thisoffice to ensure that the documents pertaining to them are complete andaccurate.

 

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

 

2. The Secretary of State may adopt regulationsprescribing procedures to prevent the filing of false or forged documents inhis office.

(Added to NRS by 2001, 2375)

NRS 225.084 Civilliability for filing record which is forged or fraudulently altered, recordcontaining false statement of material fact or record filed in bad faith.

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

(a) Is forged or fraudulently altered;

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

(c) Is being filed in bad faith or for the purpose ofharassing or defrauding any person.

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

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

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

(c) Reasonable attorneys fees; and

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

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

(a) Any person who is damaged by a violation of thissection, including, without limitation, any person who is damaged as the resultof 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 ofNevada, if the matter is referred to the Attorney General by the Secretary ofState and if the Attorney General, after due inquiry, determines that a civilaction should be brought pursuant to this section. Any money recovered by theAttorney General pursuant to this paragraph, after deducting all costs andexpenses incurred by the Attorney General and the Secretary of State toinvestigate and act upon the violation, must be deposited in the State GeneralFund.

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

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

6. As used in this section, record means informationthat is:

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

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

(Added to NRS by 2005, 2271)

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

1. Except as otherwise provided by specific statute, arecord shall be deemed to be filed with the Secretary of State when it isplaced in the care, custody and control of the Office of the Secretary of Stateand the Secretary of State determines that the record:

(a) Is accompanied by the appropriate filing fee, ifapplicable; and

(b) Meets all other applicable requirements for filing.

2. A record that is filed with the Secretary of Statemay be disposed of only in accordance with a schedule for retention anddisposition approved by the Committee to Approve Schedules for the Retentionand Disposition of Official State Records pursuant to procedures set forth in NRS 239.080.

3. The Secretary of State shall adopt regulations todefine care, custody and control for the purposes of subsection 1.

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

NRS 225.095 Immunityfrom liability for examination, acceptance or filing of certain documents. The Secretary of State and the deputies, employees andattorneys of the Secretary of State are not liable for any action or omissionmade in good faith by the Secretary of State, deputy, employee or attorney inthe performance of his duties or exercise of authority with respect to theexamination, acceptance or filing of any document which is received from anyperson or business association pursuant to title 7 of NRS and which isinaccurate or defective in any way.

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

NRS 225.100 Dutyto furnish certified copies of laws, records and instruments. The Secretary of State shall furnish, on request, to anyperson who has paid the proper fee for it, a certified copy of all or any partof any law, act, record or other instrument of writing on file or deposited inhis office 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 UniformCommercial Code: Secretary of State may prescribe standards for forms;regulations concerning fees for forms. TheSecretary of State may prescribe standards for appropriate forms to be usedpursuant to NRS 104.9521 which must beaccepted by the county recorder of every county of this state at the lower rateprescribed 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 Administrationof oaths. The Secretary of State and any deputyhe designates may administer any oath or affirmation appropriate to the performanceof his duties.

(Added to NRS by 1985, 1486)

NRS 225.120 Biennialreport: Contents. On or before August 1, 1954,and in every second year thereafter, the Secretary of State shall prepare andrender a biennial report to the Governor. There shall be included in thereport:

1. An exhibit showing in detail all expenditures madeby him or under his direction.

2. All moneys received by him from whatever source,and the disposition made of the same.

3. All matters relating to the general business of theOffice of Secretary of State during the period embraced in the report.

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

NRS 225.140 Fees.

1. Except as otherwise provided in subsection 2, inaddition to other fees authorized by law, the Secretary of State shall chargeand collect the following fees:

 

For certifying to acopy of any law, joint resolution, transcript of record or other paper on fileor of record with the Secretary of State, including, but not limited to, adocument required to be filed pursuant to title 24 of NRS, and use of the StateSeal, for each impression........................................................................................... $20

For each passport orother 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 recordsand documents kept in his office, including, but not limited to, records anddocuments that are stored on a computer database.

(b) May charge or collect any filing or other fees forservices rendered by him to the State of Nevada, any local governmental agencyor agency of the Federal Government, or any officer thereof in his officialcapacity or respecting his office or official duties.

(c) May not charge or collect a filing or other feefor:

(1) Attesting extradition papers or executivewarrants for other states.

(2) Any commission or appointment issued or madeby 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 servicewithin 1 hour after the time service is requested;

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

(3) One hundred twenty-five dollars, forproviding any other special service, including, but not limited to, providingservice more than 2 hours but within 24 hours after the time the service isrequested, accepting documents filed by facsimile machine and other use of newtechnology.

(e) Shall charge a person, for each check or othernegotiable instrument returned to the Office of the Secretary of State becausethe person had insufficient money or credit with the drawee to pay the check orother instrument or because the person stopped payment on the check or otherinstrument:

(1) A fee of $25; and

(2) If the check or other instrument that wasreturned had been presented for the payment of a filing fee for more than oneentity, an additional fee in an amount equal to the actual cost incurred by theOffice of the Secretary of State to perform the following actions as a resultof the returned check or instrument:

(I) Reversing the status of the entitiesin the records of the Office of the Secretary of State; and

(II) Recouping any fees charged forservices rendered by the Office of the Secretary of State to the entities,including, without limitation, fees charged for providing service pursuant toparagraph (d), providing copies or issuing certificates.

TheSecretary of State shall, by regulation, establish procedures for theimposition of the fees authorized by this paragraph and the manner in which afee authorized by subparagraph (2) will be calculated.

(f) May charge a reasonable fee for searching for andcancelling or removing, if requested, any filing that has been submitted to himbut not yet processed.

3. From each fee collected pursuant to paragraph (d)of subsection 2:

(a) One-half of the fee collected must be depositedwith the State Treasurer for credit to the Account for Special Services of theSecretary of State in the State General Fund. Any amount remaining in theAccount at the end of a fiscal year in excess of $2,000,000 must be transferredto the State General Fund. Money in the Account may be transferred to theSecretary of States Operating General Fund Budget Account and must only beused to create and maintain the capability of the Office of the Secretary ofState to provide special services, including, but not limited to, providingservice:

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

(2) Necessary to increase or maintain theefficiency of the Office.

Any transferof money from the Account for expenditure by the Secretary of State must beapproved by the Interim Finance Committee.

(b) After deducting the amount required pursuant toparagraph (a), the remainder must be deposited with the State Treasurer forcredit to the State General Fund.

4. The Secretary of State shall post a schedule of thefees authorized to be charged pursuant to this section in a conspicuous placeat 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, 20thSpecial Session, 131; 2005, 2272)

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

(Added to NRS by 1979, 76)

NRS 225.155 Excesspayments to Secretary of State; disposition.

1. If any money is paid to the Secretary of Statewhich exceeds by less than $15 the amount required by law to be paid, theSecretary of State shall deposit the excess payment with the State Treasurerfor credit to the State General Fund.

2. If a payment exceeds the amount required by law tobe paid by $15 or more, the Secretary of State shall, if practicable, refundthe excess. If the Secretary of State cannot make the refund, he shall depositthe excess payment with the State Treasurer for credit to the State General Fund.

3. Any person who claims a refund of an excess paymentwhich is not refunded pursuant to subsection 2 must, within 30 days after thedate of the payment, make a claim for a refund to the State Board of Examiners.

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

NRS 225.163 PettyCash Account: Creation; use; replenishment.

1. A Petty Cash Account of the Secretary of State ishereby created for each building in which offices of employees of the Secretaryof State are located in the sum of $500 each.

2. The State Board of Examiners shall:

(a) Define the purposes for which the petty cashaccounts may be used; and

(b) Provide that replenishment claims must be paid fromthe budgeted resources of the Office of the Secretary of State and processed asother claims against the State are paid.

(Added to NRS by 1997, 2804)

NRS 225.165 Secretaryof States Trust Account for Advance Fees: Establishment; use; regulations.

1. The Secretary of State may establish a trustaccount, designated the Secretary of States Trust Account for Advance Fees,with the State Treasurer in which persons who require the services of theSecretary of State may deposit advance fees for payment of those services.Unless the appropriate fee accompanies the request for service, upon providingthe service, the Secretary of State shall cause the Account to be debited.

2. The Secretary of State shall prescribe, byregulation:

(a) The services for which advance fees may bedeposited with the State Treasurer and paid for upon providing the service; and

(b) The minimum amount of advance fees each person mustmaintain in the Trust Account.

3. The State Treasurer, upon consultation with theSecretary of State and the State Controller, shall prescribe the procedure forthe deposit and withdrawal of money from the Trust Account.

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

NRS 225.170 SecuritiesDivision: Creation; Administrator; legal counsel.

1. There is hereby created within the Office of theSecretary of State a Securities Division. The Secretary of State shall appointan Administrator of the Division. The Administrator of the Division is in theclassified service of the State.

2. The Secretary of State may, alternatively:

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

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

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

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

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

ADVISORY COMMITTEE ON PARTICIPATORY DEMOCRACY

NRS 225.200 Definitions. As used in NRS 225.200to 225.270, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 225.210, 225.220 and 225.230 have the meanings ascribed to themin those sections.

(Added to NRS by 2003, 2258)

NRS 225.210 AdvisoryCommittee defined. Advisory Committee meansthe Advisory Committee on Participatory Democracy created by NRS 225.240.

(Added to NRS by 2003, 2258)

NRS 225.220 Participatorydemocracy defined. Participatory democracymeans the participation of residents of this state in the development of publicpolicy and in the improvement of the operation of government at all levels.

(Added to NRS by 2003, 2258)

NRS 225.230 Repositorydefined. Repository means the Repository forRecords Concerning Programs, Activities and Events Related to the Participationof Citizens in the Development of Public Policy and the Improvement of theOperation of Government created by NRS378.400.

(Added to NRS by 2003, 2258)

NRS 225.240 Creation;composition; Chairman; terms of members; vacancies; compensation of members.

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

2. The Advisory Committee consists of 10 members including:

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

(b) Nine other members appointed by the Secretary ofState.

3. The Secretary of State shall:

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

(b) Select the Chairman of the Advisory Committee fromamong its members; and

(c) Designate an employee of the Office of theSecretary of State to serve as Secretary for the Advisory Committee.

4. The Secretary of State may assign such otheremployees of his Office as he deems necessary to assist the Advisory Committeein its duties.

5. The Chairman of the Advisory Committee shallappoint a Vice Chairman from among the members of the Advisory Committee.

6. After the initial term, each member of the AdvisoryCommittee shall serve for a term of 3 years. Each member of the AdvisoryCommittee serves at the pleasure of the Secretary of State. If a vacancyoccurs, the Secretary of State shall appoint a new member to fill the vacancyfor the remainder of the unexpired term.

7. Members of the Advisory Committee serve withoutcompensation. If sufficient money is available in the Special Account for theSupport of the Advisory Committee created by NRS225.270, members are entitled to the per diem and travel allowancesprovided for state officers and employees generally while attending meetings ofthe Advisory Committee.

(Added to NRS by 2003, 2258)

 

NRS 225.250 Duties.

1. The Advisory Committee shall:

(a) Advise the Director of the Department of CulturalAffairs concerning the Repository and make recommendations to support greateruse of the Repository and collection of materials for the Repository;

(b) Assist the Secretary of State in identifying andproposing programs that support participatory democracy and solutions to anyproblem concerning the level of participatory democracy, including, withoutlimitation, proposing methods to involve the news media in the process ofaddressing and proposing solutions to such a problem;

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

(d) Establish a Jean Ford Democracy Award to honorcitizens who perform exemplary service in promoting participatory democracy inthis state;

(e) Support projects by national, state and localentities that encourage and advance participatory democracy, including programsestablished by the National Conference of State Legislatures, the State Bar ofNevada, and other public and private organizations; and

(f) Advise the Secretary of State and the Governorconcerning the substance of any proclamation issued by the Governor pursuant toNRS 236.035.

2. The Advisory Committee may establish a panel toassist 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 thisstate, including, without limitation, representatives of committees that areled by youths and established to improve the teaching of the principles ofparticipatory democracy in the schools, colleges and universities of thisstate; and

(b) Any other interested persons with relevantknowledge.

(Added to NRS by 2003, 2258)

NRS 225.260 Meetings;quorum.

1. The Advisory Committee shall hold meetings at leastonce every 3 months. A special meeting of the Advisory Committee may be calledby the Secretary of State and the Chairman of the Advisory Committee at suchadditional times as they deem necessary.

2. The Chairman of the Advisory Committee or, in hisabsence, the Vice Chairman of the Advisory Committee, shall preside at eachmeeting of the Advisory Committee. Six members of the Advisory Committeeconstitute a quorum.

(Added to NRS by 2003, 2259)

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

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

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

(Added to NRS by 2003, 2259)

 

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