requires two-thirds majority vote (§§ 2, 3)                                                                                                            

                                                                                                  

 

Senate Bill No. 162–Committee on Judiciary

 

(On Behalf of the Nevada Association of Counties)

 

February 18, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes regarding fees charged and collected by county clerks. (BDR 2‑171)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to county clerks; authorizing county clerks to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county clerk; increasing the amount of certain court fees charged and collected by county clerks; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 19 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  If a county clerk imposes an additional fee pursuant to

1-4  subsection 2 of NRS 19.013, the proceeds collected from such a

1-5  fee must be accounted for separately in the county general fund.

1-6  Any interest earned on money in the account, after deducting any

1-7  applicable charges, must be credited to the account. Money that

1-8  remains in the account at the end of a fiscal year does not revert to

1-9  the county general fund, and the balance in the account must be

1-10  carried forward to the next fiscal year.

1-11      2.  The money in the account must be used only to acquire

1-12  technology for or improve the technology used in the office of the

1-13  county clerk, including, without limitation, costs related to

1-14  acquiring or improving technology for converting and archiving

2-1  records, purchasing hardware and software, maintaining the

2-2  technology, training employees in the operation of the technology

2-3  and contracting for professional services relating to the

2-4  technology.

2-5  Sec. 2.  NRS 19.013 is hereby amended to read as follows:

2-6  19.013  1.  Except as otherwise provided by specific statute,

2-7  each county clerk shall charge and collect the following fees:

 

2-8  On the commencement of any action or

2-9  proceeding in the district court, or on the transfer

2-10  of any action or proceeding from a district court of

2-11  another county, except probate or guardianship

2-12  proceedings, to be paid by the party commencing

2-13  the action, proceeding or transfer[$56] $65

2-14  On an appeal to the district court of any case from

2-15  a justice’s court or a municipal court, or on the

2-16  transfer of any case from a justice’s court or a

2-17  municipal court............................. [42] 49

2-18  On the filing of a petition for letters testamentary,

2-19  letters of administration, setting aside an estate

2-20  without administration, or a guardianship, which

2-21  fee includes the court fee prescribed by NRS

2-22  19.020, to be paid by the petitioner:

2-23  Where the stated value of the estate is more

2-24  than $2,500............................. [72] 80

2-25  Where the stated value of the estate is

2-26  $2,500 or less, no fee may be charged or

2-27  collected.

2-28  On the filing of a petition to contest any will or

2-29  codicil, to be paid by the petitioner[44] 52

2-30  On the filing of an objection or cross-petition to

2-31  the appointment of an executor, administrator or

2-32  guardian, or an objection to the settlement of

2-33  account or any answer in an estate or guardianship

2-34  matter............................................. [44] 52

2-35  On the appearance of any defendant or any

2-36  number of defendants answering jointly, to be

2-37  paid upon the filing of the first paper in the action

2-38  by him or them.............................. [44] 52

2-39  For filing a notice of appeal......... [24] 28

2-40  For issuing a transcript of judgment and certifying

2-41  thereto...................................................... 3

2-42  For preparing any copy of any record, proceeding

2-43  or paper, for each page............................ 1

3-1  For each certificate of the clerk, under the seal of

3-2  the court.................................................. $3

3-3  For examining and certifying to a copy of any

3-4  paper, record or proceeding prepared by another

3-5  and presented for his certificate............... 5

3-6  For filing all papers not otherwise provided for,

3-7  other than papers filed in actions and proceedings

3-8  in court and papers filed by public officers in their

3-9  official capacity...................................... 15

3-10  For issuing any certificate under seal, not

3-11  otherwise provided for...................... [6] 7

3-12  For searching records or files in his office, for

3-13  each year................................................... 1

3-14  For filing and recording a bond of a notary public,

3-15  per name................................................. 15

3-16  For entering the name of a firm or corporation in

3-17  the register of the county clerk............. 20

 

3-18      2.  A county clerk may charge and collect, in addition to any

3-19  fee that a county clerk is otherwise authorized to charge and

3-20  collect, an additional fee not to exceed $5 for filing and recording

3-21  a bond of a notary public, per name. On or before the fifth day of

3-22  each month, the county clerk shall pay to the county treasurer the

3-23  amount of fees collected by him pursuant to this subsection for

3-24  credit to the account established pursuant to section 1 of this act.

3-25      3.  Except as otherwise provided by specific statute, all fees

3-26  prescribed in this section are payable in advance if demanded by the

3-27  county clerk.

3-28      [3.] 4. The fees set forth in subsection 1 are payment in full for

3-29  all services rendered by the county clerk in the case for which the

3-30  fees are paid, including the preparation of the judgment roll, but the

3-31  fees do not include payment for typing, copying, certifying or

3-32  exemplifying or authenticating copies.

3-33      [4.] 5. No fee may be charged to any attorney at law admitted

3-34  to practice in this state for searching records or files in the office of

3-35  the clerk. No fee may be charged for any services rendered to a

3-36  defendant or his attorney in any criminal case or in habeas corpus

3-37  proceedings.

3-38      [5.] 6. Each county clerk shall, on or before the fifth day of

3-39  each month, account for and pay to the county treasurer all fees

3-40  collected during the preceding month.

3-41      Sec. 3.  NRS 19.0315 is hereby amended to read as follows:

3-42      19.0315  1.  Except as otherwise provided in NRS 19.034, on

3-43  the commencement of any civil action or proceeding in the district

3-44  court for which a filing fee is required, and on the filing of any

4-1  answer or appearance in any such action or proceeding for which a

4-2  filing fee is required, the county clerk shall charge and collect a fee

4-3  of [$5] $10 from the party commencing, answering or appearing in

4-4  the action or proceeding. These fees are in addition to any other fee

4-5  required by law.

4-6  2.  On or before the first Monday of each month, the county

4-7  clerk shall pay over to the county treasurer the amount of all fees

4-8  collected by him pursuant to subsection 1 for credit to an account

4-9  for programs of arbitration in the county general fund. The money in

4-10  the account must be used only to support programs for the

4-11  arbitration of civil actions pursuant to NRS 38.250.

4-12      3.  The provisions of this section apply only in judicial districts

4-13  in which a program of arbitration has been established pursuant to

4-14  NRS 38.250.

4-15      Sec. 4.  This act becomes effective on July 1, 2003.

 

4-16  H