Assembly Bill No. 208-Assemblymen Anderson, Williams, Ohrenschall, Segerblom, Carpenter, Tiffany, Hickey, Krenzer, Price, Sandoval, Mortenson, Collins, Chowning, Manendo, Hettrick, Perkins, de Braga, Marvel, Von Tobel, Amodei, Ernaut, Neighbors, Humke, Herrera, Goldwater, Giunchigliani, Arberry, Bache and Freeman
February 27, 1997
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Referred to Concurrent Committees on Judiciary and Ways and Means
SUMMARY--Provides for expansion of neighborhood justice centers and makes various changes concerning fees imposed for filing of civil actions and responses thereto. (BDR 1-208)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the resolution of disputes; authorizing the increase of fees imposed for the filing of civil actions and responses thereto for the support of certain programs; authorizing the board of county commissioners in smaller counties to impose an additional fee for the filing of civil actions and responses thereto for the support of programs for the prevention or treatment of the abuse of alcohol or drugs; providing for the establishment of neighborhood justice centers in certain additional counties; 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. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any action or proceeding in the justices' court for which a fee is required and on the filing of any answer or appearance in any such action or proceeding for which a fee is required.
2. On or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by him during the preceding month for credit to an account for programs for the prevention and treatment of the abuse of alcohol and drugs in the county general fund. The money in that account must be used only to support programs for the prevention or treatment of the abuse of alcohol or drugs which may include, without limitation, any program of treatment for the abuse of alcohol or drugs established in a judicial district pursuant to NRS 453.580.
Sec. 2. NRS 4.063 is hereby amended to read as follows:
4.0631. In a county whose population is 100,000 or more, the justice of the peace shall, on the commencement of any action or proceeding in the justices' court for which a fee is required, and on the answer or appearance of any party in any such action or proceeding for which a fee is required, charge and collect a fee of not less than $5 but not more than $10 from the party commencing, answering or appearing in the action or proceeding. [These fees are] The fee required pursuant to this section is in addition to any other fee required by law.
2. On or before the first Monday of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to an account for dispute resolution in the county general fund. The money in that account must not be used for purposes other than the [program] programs established pursuant to NRS 3.500 [or] and 244.1607.
3. The board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than [$5] $10 to be paid on the commencement of any action or proceeding in the justices' court for which a fee is required and on the filing of any answer or appearance in any such action or proceeding for which a fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the justice of the peace shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established [in accordance with] pursuant to NRS 3.500 [.] or 244.1607.
Sec. 3. Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In a county whose population is less than 100,000, the board of county commissioners may, in addition to any other fee required by law, impose by ordinance a filing fee of not more than $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.
2. On or before the fifth day of each month, in a county where a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by him during the preceding month for credit to an account for programs for the prevention and treatment of the abuse of alcohol and drugs in the county general fund. The money in that account must be used only to support programs for the prevention or treatment of the abuse of alcohol or drugs which may include, without limitation, any program of treatment for the abuse of alcohol or drugs established in a judicial district pursuant to NRS 453.580.
Sec. 4. NRS 19.0313 is hereby amended to read as follows:
19.03131. In a county whose population is 100,000 or more, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect not less than $5 but not more than $10 from the party commencing, answering or appearing in the action or proceeding. [These fees are] The fee required pursuant to this section is in addition to any other fee required by law.
2. On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for use in [a program] the programs established in accordance with NRS 3.500 [or] and 244.1607.
3. The board of county commissioners of any other county may impose by ordinance an additional filing fee of not more than [$5] $10 to be paid on the commencement of any civil action or proceeding in the district court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required. On or before the fifth day of each month, in a county where this fee has been imposed, the county clerk shall account for and pay over to the county treasurer all fees collected during the preceding month pursuant to this subsection for credit to an account for dispute resolution in the county general fund. The money in the account must be used only to support a program established [in accordance with] pursuant to NRS 3.500 [.] or 244.1607.
Sec. 5. NRS 244.1607 is hereby amended to read as follows:
244.16071. [In a county whose population is more than 400,000, the] The board of county commissioners :
(a) In a county whose population is 100,000 or more shall establish a neighborhood justice center. [The]
(b) In a county whose population is less than 100,000 may establish a neighborhood justice center.
A neighborhood justice center must be closely modeled after the program established by the American Bar Association for multi-door courthouses for the resolution of disputes.
2. Except as otherwise provided in subsection 3, [the] a neighborhood justice center must provide, at no charge:
(a) A forum for the impartial mediation of minor disputes including, but not limited to, disputes between landlord and tenant, neighbors, family members, local businesses and their customers, hospitals and their patients, and governmental agencies and their clients, except where prohibited by federal law.
(b) A system of providing information concerning the resolution of disputes and the services available in the community.
(c) An efficient and effective referral system which assists in the resolution of disputes and otherwise guides the client to the appropriate public or private agency to assist in the resolution of the particular dispute, including referrals to the justices of the peace, municipal courts, lawyer referral systems, legal aid services, district attorney, city attorneys, district courts, mental health services, other alternative methods of resolving disputes and other governmental and private services.
3. [The] A board of county commissioners that has established a neighborhood justice center may authorize [a] the center to charge a fee for:
(a) Services which are provided relating to the resolution of complex cases; and
(b) Training provided by the center.
4. [The] A neighborhood justice center must be supported from the money in the account for dispute resolution in the county general fund and any gifts or grants received by the county for the support of the center.
5. [The] A board of county commissioners that has established a neighborhood justice center shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before March 1 of each odd-numbered year. The report must include a summary of the number and type of cases mediated, referred and resolved by the center during the previous biennium. The report must also contain suggestions for any necessary legislation to improve the effectiveness and efficiency of the center.
Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 7. This act becomes effective on July 1, 1997.