USA Statutes : nevada
Title : Title 18 - STATE EXECUTIVE DEPARTMENT
Chapter : CHAPTER 225 - SECRETARY OF STATE
No person shall
be eligible to the Office of Secretary of State unless:
1. He shall have attained the age of 25 years at the time of such
election; and
2. He 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]
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 his office for the
term of 4 years from the time of his installment and until his 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]
The Secretary of State shall keep his office
at the seat of government.
[Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL §
4774]—(NRS A 1977, 1369)
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 )
1. The Secretary of State may, under his hand and seal, appoint an
Executive Assistant, a Chief Deputy, a Deputy of Commercial Recordings, a
Deputy of Elections and not more than two additional deputies in the
unclassified service of the State as he may deem necessary to perform
fully the duties of his office. The Chief Deputy, Deputy of Commercial
Recordings, Deputy of Elections and any other deputies so appointed may
perform all the duties required of the Secretary of State.
2. For his own security, the Secretary of State may require each
deputy to give him a bond in such sum and with such sureties as he 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 )
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 his office 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 his office to the Governor, whenever required.
6. Deliver, in good order and condition, to his successor, 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)
1. The Secretary of State shall prominently post the following
notice at each office and each location on his 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.
2. The Secretary of State may adopt regulations prescribing
procedures to prevent the filing of false or forged documents in his
office.
(Added to NRS by 2001, 2375 )
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
(c) Is being filed in bad faith or for the purpose of harassing or
defrauding any person.
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;
(c) Reasonable attorney’s fees; and
(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 239.330 .
6. 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 )
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 )
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 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 )
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 in his 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)
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 )
The Secretary of State and
any deputy he designates may administer any oath or affirmation
appropriate to the performance of his duties.
(Added to NRS by 1985, 1486)
On or before August 1,
1954, and in every second year thereafter, the Secretary of State shall
prepare and render a biennial report to the Governor. There shall be
included in the report:
1. An exhibit showing in detail all expenditures made by 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 the Office 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)
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 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.
(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:
(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 but not
yet processed.
3. From each fee collected pursuant to paragraph (d) of subsection
2:
(a) One-half of the fee collected 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.
Ê 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.
[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 )
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)
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, 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.
(Added to NRS by 1987, 1112; A 1989, 989; 1997, 2806; 1999, 606
)
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)
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)
1. There is hereby created within the Office of the Secretary of
State a Securities Division. The Secretary of State shall appoint an
Administrator of the Division. The Administrator of the Division is in
the classified service of the State.
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 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
)
ADVISORY COMMITTEE ON PARTICIPATORY DEMOCRACY
As used in NRS 225.200 to 225.270 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 225.210 , 225.220 and 225.230
have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 2258 )
“Advisory Committee”
means the Advisory Committee on Participatory Democracy created by NRS
225.240 .
(Added to NRS by 2003, 2258 )
“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 )
“Repository” means the
Repository for Records Concerning Programs, Activities and Events Related
to the Participation of Citizens in the Development of Public Policy and
the Improvement of the Operation of Government created by NRS 378.400
.
(Added to NRS by 2003, 2258 )
1. The Advisory Committee on Participatory Democracy is 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 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 Chairman of the Advisory Committee from among its
members; and
(c) Designate an employee of the Office of the Secretary of State
to serve as Secretary for the Advisory Committee.
4. The Secretary of State may assign such other employees of his
Office as he deems necessary to assist the Advisory Committee in its
duties.
5. The Chairman of the Advisory Committee shall appoint a Vice
Chairman 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 3 years. 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 )
1. The Advisory Committee shall:
(a) Advise the Director of the Department of Cultural Affairs
concerning the Repository and make recommendations to support greater use
of the Repository and collection of materials for the Repository;
(b) 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;
(c) 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;
(d) Establish a “Jean Ford Democracy Award” to honor citizens who
perform exemplary service in promoting participatory democracy in this
state;
(e) 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
(f) 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 )
1. The Advisory Committee shall hold meetings at least once every
3 months. A special meeting of the Advisory Committee may be called by
the Secretary of State and the Chairman of the Advisory Committee at such
additional times as they deem necessary.
2. The Chairman of the Advisory Committee or, in his absence, the
Vice Chairman of the Advisory Committee, shall preside at each meeting of
the Advisory Committee. Six members of the Advisory Committee constitute
a quorum.
(Added to NRS by 2003, 2259 )
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 )
