(REPRINTED WITH ADOPTED AMENDMENTS) " SECOND REPRINT A.B. 722" Assembly Bill No. 722--Committee on Judiciary June 12, 1995 _____________ Referred to Committee on Judiciary SUMMARY--Makes various changes to provisions governing certified court reporters. (BDR 1-1703) FISCAL NOTE: Effect on Local Government: Yes. Effect on the State or on Industrial Insurance: No. EXPLANATION--Matter in italics is new; matter in bra ckets [ ] is material to be omitted. AN ACT relating to certified court reporters; increasing certain fees due to such reporters; authorizing parties to an action in a district court to provide a certified court reporter to transcribe proceedings which a judge has ordered transcribed by sound recording equipment; authorizing the appointment of certified court reporters as notaries public with the limited powers of administering oaths and affirmations; revising the definition of "notorial act"; and providing other matters properly relating thereto. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 3.370 is hereby amended to read as follows: 3.370 1. For his services the official reporter or reporter pro tempore is entitled to the following fees: (a) For being available to report civil and criminal testimony and proceedings when the court is sitting [, $120] \during traditional business hours on any day except Sunday, $140\\ per day, to be paid by the county as provided in subsection 3. (b) For \being available to report civil and criminal testimony and proceedings when the court is sitting beyond traditional business hours or on Sunday: (1) If the reporter has been available to report for at least 4 hours, $30 per hour for each hour of availability; or (2) If the reporter has been available to report for fewer than 4 hours, a pro rata amount based on the daily rate set forth in paragraph (a), to be paid by the county as provided in subsection 3. (c) \\For transcription [, $2.25] \: (1) Except as otherwise provided in subparagraph (2), $3.25\\ per page for the original draft [,] \and one copy,\\ and 50 cents per page for each additional copy to the party ordering the original draft.\ (2) For civil litigants who are ordering the original draft and are represented by a nonprofit legal corporation or a program for pro bono legal assistance, $2.50 per page and 50 cents per page for each additional copy. (3)\\ For [transcription for] any party other than the party ordering the original draft, 50 cents per page. [(c)] \(d)\\ For reporting all civil matters, in addition to the salary provided in [paragraph (a), $17.50] \paragraphs (a) and (b), $20\\ for each hour or fraction thereof actually spent, to be taxed as costs pursuant to subsection 4. [If the fees for any day computed according to the hourly rate would exceed $120, the fee to be taxed for each civil matter reported is that proportion of $120 which the time spent on that matter bore to the total time spent that day.] For the purposes of this subsection, a page is a sheet of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented not more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced. 2. If the services of more than one reporter are required by the court in a criminal proceeding, each reporter is entitled to receive the [fee] \fees\\ set forth in [paragraph] \paragraphs\\ (a) \and (b)\\ of subsection [1.] \1, as appropriate.\\ Each reporter in a criminal proceeding is entitled to receive an additional fee equal to one-half of the fee to which he is entitled pursuant to paragraph [(b)] \(c)\\ of subsection 1 for transcribing a proceeding of which the transcripts are ordered by the court to be delivered on or before the start of the next day the court is scheduled to conduct business. 3. The [fee] \fees\\ specified in [paragraph] \paragraphs\\ (a) \and (b)\\ of subsection 1, the fees for transcripts in criminal cases ordered by the court to be made and the fees specified in subsection 2 must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem. The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court. 4. In civil cases the fees prescribed in paragraph [(c)] \(d)\\ of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole fee. In either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his fees have been paid to him or deposited with the clerk of the court. 5. Where a transcript is ordered by the court or by any party, the fees for it must be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript. 6. The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court. Sec. 2. NRS 3.380 is hereby amended to read as follows: 3.380 1. The judge or judges of any district court may, with the approval of the board of county commissioners of any one or more of the counties comprising such district, in addition to the appointment of a court reporter as in this chapter provided, enter an order for the installation of sound recording equipment for use in any of the instances recited in NRS 3.320, for the recording of any [and all] civil and criminal proceedings, testimony, objections, rulings, exceptions, arraignments, pleas, sentences, statements and remarks made by the district attorney or judge, oral instructions given by the judge and any [and all] other proceedings occurring in civil or criminal actions or proceedings, or special proceedings whenever and wherever and to [like] \the same\\ extent as any of such proceedings have heretofore under existing statutes been recorded by the official reporter or any special reporter or any reporter pro tempore appointed by the court. 2. For the purpose of operating such sound recording equipment the court or judge may appoint or designate the official reporter or a special reporter or reporter pro tempore or the county clerk or clerk of [such] \the\\ court or deputy clerk. The person so operating such sound recording equipment shall subscribe to an oath that he will well and truly operate the [same] \equipment\\ so as to record all of [such] \the\\ matters and proceedings. 3. The court may then designate [such person so] \the person\\ operating such equipment or any other competent person to read the recording and to transcribe [the same] \it\\ into typewriting. The person [so transcribing such] \transcribing the\\ recording shall subscribe to an oath that he has truly and correctly transcribed [the same. 4. Such] \it. 4. The\\ transcript may be used for all purposes for which transcripts have heretofore been received and accepted under then existing statutes, including transcripts of testimony and transcripts of proceedings as constituting bills of exceptions or part of the bill of exceptions on appeals in all criminal cases and transcripts of the evidence or proceedings as constituting the record on appeal in civil cases and including transcripts of preliminary hearings before justices of the peace and other committing magistrates, and [shall be] \are\\ subject to correction in [like] \the same\\ manner as transcripts under existing statutes. \5. In civil and criminal cases when the court has ordered the use of such sound recording equipment, any party to the action, at his own expense, may provide a certified court reporter to take down in shorthand and transcribe all the matters of the proceeding. In such a case, the record prepared by sound recording is the official record of the proceedings, unless it fails or is incomplete because of equipment or operational failure, in which case the record prepared by the certified court reporter shall be deemed, for all purposes, the official record of the proceedings.\\ Sec. 3. Chapter 240 of NRS is hereby amended by adding thereto a new section to read as follows:\ A certified court reporter who receives a certificate of appointment as a notary public with limited powers pursuant to subsection 3 of NRS 240.030, may only administer oaths and affirmations and may not perform the other powers, and is not required to perform the other duties, of a notary public specified in NRS 240.040, 240.060 and 240.120. \\Sec. 4. NRS 240.030 is hereby amended to read as follows: 240.030 1. [Each] \Except as otherwise provided in subsection 3, each\\ person applying for appointment as a notary public shall: (a) At the time he submits his application, pay to the secretary of state $35. (b) Take and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer. (c) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides. 2. In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant who is employed as a peace officer and is required to be a notary public as a condition of that employment must not be required to disclose his residential address or telephone number on any such document which will become available to the public. 3. [The] \A court reporter who has received a certificate of registration pursuant to NRS 656.180 may apply for appointment as a notary public with limited powers. Such an applicant is not required to enter into a bond to obtain the limited power of a notary public to administer oaths or affirmations. 4. If required, the\\ bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the \required\\ bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the \required\\ bond and oath have been filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant. [4.] \5.\\ Except as otherwise provided in this subsection, the secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the secretary of state shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued. Sec. 5. NRS 240.040 is hereby amended to read as follows: 240.040 1. [Each] \Except as otherwise provided in section 3 of this act, each\\ notary public shall authenticate all his acts, including any acknowledgment, jurat, verification or other certificate, by: (a) Setting forth the following: (1) The venue; (2) His original signature; and (3) A statement imprinted in indelible, photographically reproducible ink with a rubber or other mechanical stamp setting forth his name, the phrase "Notary Public, State of Nevada," the date on which his appointment expires, the number of his certificate of appointment and, if he so desires, the Great Seal of the State of Nevada; and (b) Including all applicable information in the acknowledgment, jurat, verification or other certificate. 2. After July 1, 1965, an embossed notarial seal is not required on notarized documents. 3. As used in this section, "mechanical stamp" includes an imprint made by a computer or other similar technology. Sec. 6. NRS 240.060 is hereby amended to read as follows: 240.060 [A] \Except as otherwise provided in section 3 of this act, a\\ notary public may, during normal business hours, perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee. Sec. 7. NRS 240.120 is hereby amended to read as follows: 240.120 1. [Each] \Except as otherwise provided in section 3 of this act, each\\ notary public shall keep a journal in his office in which he shall enter for each notarial act performed, at the time the act is performed: (a) The fees charged, if any; (b) The title of the matter; (c) The date on which he performed the service; (d) The name and signature of the person whose signature is being notarized; and (e) A description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized. 2. If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall: (a) Require the witness to sign the journal in the space provided for the description of the evidence used; and (b) Make a notation in the journal that the witness is a credible witness. 3. The journal must: (a) Be open to public inspection. (b) Be in a bound volume with preprinted page numbers. 4. A notary public shall keep his journal for the entire period of his appointment. 5. Any notary public who violates any of the provisions of this section shall be fined not more than $1,000. Sec. 8. Section 5 of Assembly Bill No. 280 of this session is hereby amended to read as follows: Sec. 5. "Notarial act" means any act that a notary public of this state is authorized to perform. The term includes: 1. Taking an acknowledgment; 2. [Taking a deposition; 3.] Administering an oath or affirmation; [4.] \3. \\Taking a verification upon oath or affirmation; [5.] \4. \\Witnessing or attesting a signature; [6.] \5. \\Certifying or attesting a copy; [7.] \6. \\Executing a jurat; [8.] \7. \\Noting a protest of a negotiable instrument; and [9.] \8. \\Performing such other duties as may be prescribed by a specific statute. Sec. 9. Sections 4 to 8, inclusive, of this act become effective at 12:01 a.m. on October 1, 1995. -30-