REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 2 to 19, inclusive)                                

                                                                         

 

Senate Bill No. 11–Joint Rules Committee

 

Prefiled June 13, 2001

____________

 

Referred to Committee of the Whole

 

SUMMARY—Makes various changes regarding fees charged and collected by certain officials of local governments. (BDR 20‑9)

 

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 local governments; authorizing a county recorder to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county recorder; requiring the county recorder to charge and collect an additional fee to assist persons formerly in foster care; increasing the amount of certain fees charged and collected by certain officials of local governments; creating an account in the department of human resources’ gift fund to assist persons formerly in foster care; 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 247 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

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

1-4  subsection 2 of NRS 247.305, the proceeds collected from such a fee

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

1-6  earned on money in the account, after deducting any applicable charges,

1-7  must be credited to the account. Money that remains in the account at

1-8  the end of a fiscal year does not revert to the county general fund, and

1-9  the balance in the account must be carried forward to the next fiscal

1-10  year.

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

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

1-13  including, without limitation, costs related to acquiring or improving

1-14  technology for converting and archiving records, purchasing hardware

1-15  and software, maintaining the technology, training employees in the

1-16  operation of the technology and contracting for professional services

1-17  relating to the technology.

2-1    3.  The county recorder shall submit an annual report to the board of

2-2  county commissioners of the county which contains:

2-3    (a) An estimate of the proceeds that the county recorder will collect

2-4  from the additional fee imposed pursuant to subsection 2 of NRS 247.305

2-5  in the following fiscal year; and

2-6    (b) A proposal for expenditures of the proceeds from the additional

2-7  fee imposed pursuant to subsection 2 of NRS 247.305 for the costs

2-8  related to the technology required for the office of the county recorder

2-9  for the following fiscal year.

2-10    Sec. 2.  NRS 247.305 is hereby amended to read as follows:

2-11    247.305  1.  If another statute specifies the fee to be charged for a

2-12  service, county recorders shall charge and collect only the fee specified.

2-13  Otherwise county recorders shall charge and collect the following fees:

2-14  For recording any document, for the first page........... [$7] $10

2-15  For each additional page.... 1

2-16  For recording each portion of a document which must be

2-17  separately indexed, after the first indexing.............. 3

2-18  For copying any record, for each page1

2-19  For certifying, including certificate and seal................. 4

2-20  For a certified copy of a certificate of marriage......... [7] 10

2-21  For a certified abstract of a certificate of marriage...................... [7] 10

2-22    2.  Except as otherwise provided in this subsection, a county recorder

2-23  may charge and collect, in addition to any fee that a county recorder is

2-24  otherwise authorized to charge and collect, an additional fee not to

2-25  exceed $3 for recording a document, instrument, paper, notice, deed,

2-26  conveyance, map, chart, survey or any other writing. A county recorder

2-27  may not charge the additional fee authorized in this subsection for

2-28  recording the originally signed copy of a certificate of marriage described

2-29  in NRS 122.120. On or before the fifth day of each month, the county

2-30  recorder shall pay to the county treasurer the amount of fees collected by

2-31  him pursuant to this subsection for credit to the account established

2-32  pursuant to section 1 of this act.

2-33  3.  Except as otherwise provided in this subsection, a county recorder

2-34  shall charge and collect, in addition to any fee that a county recorder is

2-35  otherwise authorized to charge and collect, an additional fee of $1 for

2-36  recording a document, instrument, paper, notice, deed, conveyance, map,

2-37  chart, survey or any other writing. A county recorder shall not charge the

2-38  additional fee authorized in this subsection for recording the originally

2-39  signed copy of a certificate of marriage described in NRS 122.120. On or

2-40  before the fifth day of each month, the county recorder shall pay to the

2-41  county treasurer the amount of fees collected by him pursuant to this

2-42  subsection. On or before the 15th day of each month, the county

2-43  treasurer shall remit the money received by him pursuant to this

2-44  subsection to the state treasurer for credit to the account to assist persons

2-45  formerly in foster care established pursuant to section 18 of this act.

2-46  4. Except as otherwise provided in subsection [3,] 5, a county recorder

2-47  shall not charge or collect any fees for any of the services specified in this

2-48  section when rendered by him to:

2-49    (a) The county in which his office is located.

3-1    (b) The State of Nevada or any city or town within the county in which

3-2  his office is located, if the document being recorded:

3-3       (1) Conveys to the state, or to that city or town, an interest in land;

3-4       (2) Is a mortgage or deed of trust upon lands within the county which

3-5  names the state or that city or town as beneficiary;

3-6       (3) Imposes a lien in favor of the state or that city or town; or

3-7       (4) Is a notice of the pendency of an action in eminent domain filed

3-8  by the state pursuant to NRS 37.060.

3-9    [3.] 5. A county recorder shall charge and collect the fees specified in

3-10  this section for copying of any document at the request of the State of

3-11  Nevada, and any city or town within the county. For copying, and for his

3-12  certificate and seal upon the copy, the county recorder shall charge the

3-13  regular fee.

3-14    [4.] 6. For purposes of this section, “State of Nevada,” “county,” “city”

3-15  and “town” include any department or agency thereof and any officer

3-16  thereof in his official capacity.

3-17    [5.] 7.  Except as otherwise provided in subsection 2 or 3 or by an

3-18  ordinance adopted pursuant to the provisions of NRS 244.207, county

3-19  recorders shall, on or before the fifth working day of each month, account

3-20  for and pay to the county treasurer all such fees collected during the

3-21  preceding month.

3-22    Sec. 3.  NRS 247.310 is hereby amended to read as follows:

3-23    247.310  1.  Except as otherwise provided by law, county recorders

3-24  shall charge the following fees for recording affidavits of proof of labor on

3-25  mining claims and for recording, pursuant to subsection 3 of NRS 517.230,

3-26  affidavits of intent to hold mining claims:

3-27  For recording any such affidavits that embrace therein one

3-28  claim...... [$1] $2

3-29  For each additional mining claim embraced in the affidavit......... [1] 2

3-30    2.  Except as otherwise provided by an ordinance adopted pursuant to

3-31  the provisions of NRS 244.207, county recorders shall, on or before the 5th

3-32  working day of each month, account for and pay to the county treasurer all

3-33  such fees collected during the preceding month.

3-34    Sec. 4.  NRS 248.275 is hereby amended to read as follows:

3-35    248.275  1.  The sheriff of each county in this state may charge and

3-36  collect the following fees:

3-37  For serving a summons or complaint, or any other process, by

3-38  which an action or proceeding is commenced, except as a writ

3-39  of habeas corpus, on every defendant                [$15] $17

3-40  For traveling and making such service, per mile in going only,

3-41  to be computed in all cases the distance actually traveled, for

3-42  each mile........ [1] 2

3-43  If any two or more papers are required to be served in the

3-44  same suit at the same time, where parties live in the same

3-45  direction, one mileage only may be charged.

3-46  For taking a bond or undertaking in any case in which he is

3-47  authorized to take a bond or undertaking                        [4] 5

3-48  For a copy of any writ, process or other paper, when demanded

3-49  or required by law, for each page... [2] 3

4-1  For serving every rule or order........ 15

4-2  For serving one notice required by law before the

4-3  commencement of a proceeding for any type of eviction. [15] 26

4-4  For serving not fewer than 2 nor more than 10 such notices to

4-5  the same location, each notice.. [12] 20

4-6  For serving not fewer than 11 nor more than 24 such notices to

4-7  the same location, each notice.. [10] 17

4-8  For serving 25 or more such notices to the same location, each

4-9  notice........... [9] 15

4-10  For mileage in serving such a notice, for each mile necessarily

4-11  and actually traveled in going only................ [1] 2

4-12  But if two or more notices are served at the same general

4-13  location during the same period, mileage may only be

4-14  charged for the service of one notice.

4-15  For serving a subpoena, for each witness summoned                           15

4-16  For traveling, per mile in serving subpoenas, or a venire, in

4-17  going only, for each mile................. [1] 2

4-18  When two or more witnesses or jurors live in the same

4-19  direction, traveling fees must be charged only for the most

4-20  distant.

4-21  For serving an attachment on property, or levying an execution,

4-22  or executing an order of arrest or order for the delivery of

4-23  personal property, together with traveling fees, as in cases of

4-24  summons........... 15

4-25  For making and posting notices and advertising for sale, on

4-26  execution or any judgment or order of sale, not to include the

4-27  cost of publication in a newspaper.... 15

4-28  For issuing each certificate of sale of property on execution or

4-29  order of sale, and for filing a duplicate thereof with the county

4-30  recorder, which must be collected from the party receiving the

4-31  certificate....... [3] 5

4-32  For drawing and executing every sheriff’s deed, to be paid by

4-33  the grantee, who shall in addition pay for the acknowledgment

4-34  thereof....... [12] 20

4-35  For serving a writ of possession or restitution, putting any

4-36  person into possession entitled thereto......... [15] 21

4-37  For traveling in the service of any process, not otherwise

4-38  provided in this section, for each mile necessarily traveled, for

4-39  going only, for each mile................. [1] 2

4-40  For mailing a notice of a writ of execution......... [1] 2

4-41  The sheriff may charge and collect [$1] $2 per mile traveled, for going

4-42  only, on all papers not served, where reasonable effort has been made to

4-43  effect service, but not to exceed $20.

4-44    2.  The sheriff may also charge and collect:

4-45    (a) For commissions for receiving and paying over money on execution

4-46  or process, where lands or personal property have been levied on,

4-47  advertised or sold, on the first $500, 4 percent; on any sum in excess of

4-48  $500, and not exceeding $1,000, 2 percent; on all sums above that amount,

4-49  1 percent.

5-1    (b) For commissions for receiving and paying over money on

5-2  executions without levy, or where the lands or goods levied on are not sold,

5-3  on the first $3,500, 2 percent, and on all amounts over that sum, one-half of

5-4  1 percent.

5-5    (c) For service of any process in a criminal case, or of a writ of habeas

5-6  corpus, the same mileage as in civil cases, to be allowed, audited and paid

5-7  as are other claims against the county.

5-8    (d) For all services in justices’ courts, the same fees as are allowed in

5-9  subsection 1 and paragraphs (a), (b) and (c) of this subsection.

5-10    3.  The sheriff is also entitled to further compensation for his trouble

5-11  and expense in taking possession of property under attachment, execution

5-12  or other process and of preserving the property, as the court from which the

5-13  writ or order may issue certifies to be just and reasonable.

5-14    4.  In service of a subpoena or a venire in criminal cases, the sheriff is

5-15  entitled to receive mileage for the most distant only, where witnesses and

5-16  jurors live in the same direction.

5-17    5.  The fees allowed for the levy of an execution, for advertising and

5-18  for making and collecting money on an execution or order of sale, must be

5-19  collected from the defendants, by virtue of the execution or order of sale, in

5-20  the same manner as the execution is directed to be made.

5-21    6.  Except as otherwise provided by an ordinance adopted pursuant to

5-22  the provisions of NRS 244.207, all fees collected by a sheriff must be paid

5-23  into the county treasury of his county on or before the fifth working day of

5-24  the month next succeeding the month in which the fees are collected.

5-25    Sec. 5.  NRS 258.125 is hereby amended to read as follows:

5-26    258.125  1.  Constables are entitled to the following fees for their

5-27  services:

5-28  For serving a summons or other process by which a suit is

5-29  commenced in civil cases....... [$10] $17

5-30  For summoning a jury before a justice of the peace..... [5] 7

5-31  For taking a bond or undertaking. [3] 5

5-32  For serving an attachment against the property of a defendant........ [5] 9

5-33  For serving subpoenas, for each witness.......... [8] 15

5-34  For a copy of any writ, process or order or other paper, when

5-35  demanded or required by law, per folio................ [2] 3

5-36  For drawing and executing every constable’s deed, to be paid by

5-37  the grantee, who must also pay for the acknowledgment thereof......... [12] 20

5-38  For each certificate of sale of real property under execution......... [3] 5

5-39  For levying any writ of execution or writ of garnishment, or

5-40  executing an order of arrest in civil cases, or order for delivery

5-41  of personal property, with traveling fees as for summons........ [8] 9

5-42  For serving one notice required by law before the

5-43  commencement of a proceeding for any type of eviction. [15] 26

5-44  For serving not fewer than 2 nor more than 10 such notices to

5-45  the same location, each notice.. [12] 20

5-46  For serving not fewer than 11 nor more than 24 such notices to

5-47  the same location, each notice.. [10] 17

6-1  For serving 25 or more such notices to the same location, each

6-2  notice........... [9] 15

6-3  For mileage in serving such a notice, for each mile necessarily

6-4  and actually traveled in going only.... [1] 2

6-5  But if two or more notices are served at the same general

6-6  location during the same period, mileage may only be

6-7  charged for the service of one notice.

6-8  For each service in a summary eviction, except service of any

6-9  notice required by law before commencement of the proceeding,

6-10  and for serving notice of and executing a writ of restitution.... [15] 21

6-11  For making and posting notices, and advertising property for

6-12  sale on execution, not to include the cost of publication in a

6-13  newspaper...... [5] 9

6-14  For each warrant lawfully executed                    [35] 48

6-15  For mileage in serving summons, attachment, execution, order,

6-16  venire, subpoena, notice, summary eviction, writ of restitution

6-17  or other process in civil suits, for each mile necessarily and

6-18  actually traveled, in going only....... [1] 2

6-19  But when two or more persons are served in the same suit,

6-20  mileage may only be charged for the most distant, if they live

6-21  in the same direction.

6-22  For mileage in making a diligent but unsuccessful effort to

6-23  serve a summons, attachment, execution, order, venire,

6-24  subpoena or other process in civil suits, for each mile

6-25  necessarily and actually traveled, in going only....... [1] 2

6-26  But mileage may not exceed $20 for any unsuccessful effort

6-27  to serve such process.

6-28    2.  A constable is also entitled to receive:

6-29    (a) For receiving and taking care of property on execution, attachment

6-30  or order, his actual necessary expenses, to be allowed by the court which

6-31  issued the writ or order, upon the affidavit of the constable that the charges

6-32  are correct and the expenses necessarily incurred.

6-33    (b) For collecting all sums on execution or writ, to be charged against

6-34  the defendant, on the first $3,500, 2 percent thereof, and on all amounts

6-35  over that sum, one-half of 1 percent.

6-36    (c) For service in criminal cases, except for execution of warrants, the

6-37  same fees as are allowed sheriffs for like services, to be allowed, audited

6-38  and paid as are other claims against the county.

6-39    3.  Deputy sheriffs acting as constables are not entitled to retain for

6-40  their own use any fees collected by them, but the fees must be paid into the

6-41  county treasury on or before the 5th working day of the month next

6-42  succeeding the month in which the fees were collected.

6-43    4.  Constables shall, on or before the 5th working day of each month,

6-44  account for and pay to the county treasurer all fees collected during the

6-45  preceding month, except fees which may be retained as compensation.

6-46    Sec. 6.  NRS 259.200 is hereby amended to read as follows:

6-47    259.200  1.  A justice of the peace is entitled, for each day necessarily

6-48  employed in holding an inquest, to a fee of [$19.] $23.

7-1    2.  This fee must be paid out of the county treasury as other demands

7-2  against the county are paid.

7-3    Sec. 7.  NRS 4.060 is hereby amended to read as follows:

7-4    4.060  1.  Except as otherwise provided in this section, each justice of

7-5  the peace shall charge and collect the following fees:

7-6    (a) On the commencement of any action or proceeding in the justice’s

7-7  court, other than in actions commenced pursuant to chapter 73 of NRS, to

7-8  be paid by the party commencing the action:

7-9  If the sum claimed does not exceed $1,000................ $28.00

7-10  If the sum claimed exceeds $1,000 but does not exceed

7-11  $2,500...... 50.00

7-12  If the sum claimed exceeds $2,500 but does not exceed

7-13  $4,500.... 100.00

7-14  If the sum claimed exceeds $4,500 but does not exceed

7-15  $6,500.... 125.00

7-16  If the sum claimed exceeds $6,500 but does not exceed

7-17  $7,500.... 150.00

7-18  In all other civil actions....... 28.00

7-19  (b) For the preparation and filing of an affidavit and order in an action

7-20  commenced pursuant to chapter 73 of NRS:

7-21  If the sum claimed does not exceed $1,000................. 25.00

7-22  If the sum claimed exceeds $1,000 but does not exceed

7-23  $2,500...... 45.00

7-24  If the sum claimed exceeds $2,500 but does not exceed

7-25  $5,000...... 65.00

7-26  (c) On the appearance of any defendant, or any number of defendants

7-27  answering jointly, to be paid him or them on filing the first paper in the

7-28  action, or at the time of appearance:

7-29  In all civil actions....... 12.00

7-30  For every additional defendant, appearing separately.... 6.00

7-31  (d) No fee may be charged where a defendant or defendants appear in

7-32  response to an affidavit and order issued pursuant to the provisions of

7-33  chapter 73 of NRS.

7-34  (e) For the filing of any paper in intervention..... 6.00

7-35  ......................................... (f) For the issuance of any writ of attachment, writ of garnishment, writ

7-36  of execution or any other writ designed to enforce any judgment of the

7-37  court.......................... 6.00

7-38  (g) For filing a notice of appeal, and appeal bonds................. 12.00

7-39  One charge only may be made if both papers are filed at the same time.

7-40  (h) For issuing supersedeas to a writ designed to enforce a

7-41  judgment or order of the court............. 12.00

7-42  (i) For preparation and transmittal of transcript and papers on

7-43  appeal............. 12.00

7-44  (j) For celebrating a marriage and returning the certificate to

7-45  the county recorder   [35.00] 50.00

7-46  (k) For entering judgment by confession   6.00

7-47  (l) For preparing any copy of any record, proceeding or paper,

7-48  for each page...... .30

7-49  (m) For each certificate of the clerk, under the seal of the court.................... 3.00

8-1  (n) For searching records or files in his office, for each year   1.00

8-2  (o) For filing and acting upon each bail or property bond .... 40.00

8-3    2.  A justice of the peace shall not charge or collect any of the fees set

8-4  forth in subsection 1 for any service rendered by him to the county in

8-5  which his township is located.

8-6    3.  A justice of the peace shall not charge or collect the fee pursuant to

8-7  paragraph (j) of subsection 1 if he performs a marriage ceremony in a

8-8  commissioner township.

8-9    4.  Except as otherwise provided by an ordinance adopted pursuant to

8-10  the provisions of NRS 244.207, the justice of the peace shall, on or before

8-11  the fifth day of each month, account for and pay to the county treasurer all

8-12  fees collected during the preceding month, except for the fees he may

8-13  retain as compensation and the fees he is required to pay to the state

8-14  treasurer pursuant to subsection 5.

8-15  5.  The justice of the peace shall, on or before the fifth day of each

8-16  month, pay to the state treasurer [half] :

8-17  (a) An amount equal to $5 of each fee collected pursuant to

8-18  paragraph (j) of subsection 1 during the preceding month. The state

8-19  treasurer shall deposit the money in the account for aid for victims of

8-20  domestic violence in the state general fund.

8-21  (b) Half of the fees collected pursuant to paragraph (o) of subsection 1

8-22  during the preceding month. The state treasurer shall deposit the money in

8-23  the fund for the compensation of victims of crime.

8-24    Sec. 8.  NRS 17.110 is hereby amended to read as follows:

8-25    17.110  The statement must be filed with the clerk of the court in which

8-26  the judgment is to be entered. The clerk shall endorse upon it and enter in

8-27  the judgment book a judgment of the court for the amount confessed, with

8-28  [$24] $28 costs. The judgment and affidavit, with the judgment endorsed,

8-29  thereupon become the judgment roll.

8-30    Sec. 9.  NRS 19.013 is hereby amended to read as follows:

8-31    19.013  1.  Except as otherwise provided by specific statute, each

8-32  county clerk shall charge and collect the following fees:

8-33  On the commencement of any action or proceeding in the

8-34  district court, or on the transfer of any action or proceeding from

8-35  a district court of another county, except probate or

8-36  guardianship proceedings, to be paid by the party commencing

8-37  the action, proceeding or transfer............. $56

8-38  On an appeal to the district court of any case from a justice’s

8-39  court or a municipal court, or on the transfer of any case from a

8-40  justice’s court or a municipal court... 42

8-41  On the filing of a petition for letters testamentary, letters of

8-42  administration, setting aside an estate without administration, or

8-43  a guardianship, which fee includes the court fee prescribed by

8-44  NRS 19.020, to be paid by the petitioner:

8-45  Where the stated value of the estate is more than $2,500.... 72

8-46  Where the stated value of the estate is $2,500 or less, no

8-47  fee may be charged or collected.

8-48  On the filing of a petition to contest any will or codicil, to be

8-49  paid by the petitioner............. 44

9-1  On the filing of an objection or cross-petition to the appointment

9-2  of an executor, administrator or guardian, or an objection to the

9-3  settlement of account or any answer in an estate or guardianship

9-4  matter................. 44

9-5  On the appearance of any defendant or any number of

9-6  defendants answering jointly, to be paid upon the filing of the

9-7  first paper in the action by him or them................... 44

9-8  For filing a notice of appeal................. 24

9-9  For issuing a transcript of judgment and certifying thereto... 3

9-10  For preparing any copy of any record, proceeding or paper, for

9-11  each page............ 1

9-12  For each certificate of the clerk, under the seal of the court3

9-13  For examining and certifying to a copy of any paper, record or

9-14  proceeding prepared by another and presented for his certificate......... 5

9-15  For filing all papers not otherwise provided for, other than

9-16  papers filed in actions and proceedings in court and papers filed

9-17  by public officers in their official capacity                           15

9-18  For issuing any certificate under seal, not otherwise provided for......... 6

9-19  For searching records or files in his office, for each year...................... 1

9-20  For filing and recording a bond of a notary public, per name................... 15

9-21  For entering the name of a firm or corporation in the register of

9-22  the county clerk[15] 20

9-23    2.  Except as otherwise provided by specific statute, all fees prescribed

9-24  in this section are payable in advance if demanded by the county clerk.

9-25    3.  The fees set forth in subsection 1 are payment in full for all services

9-26  rendered by the county clerk in the case for which the fees are paid,

9-27  including the preparation of the judgment roll, but the fees do not include

9-28  payment for typing, copying, certifying or exemplifying or authenticating

9-29  copies.

9-30    4.  No fee may be charged any attorney at law admitted to practice in

9-31  this state for searching records or files in the office of the clerk. No fee

9-32  may be charged for any services rendered to a defendant or his attorney in

9-33  any criminal case or in habeas corpus proceedings.

9-34    5.  Each county clerk shall, on or before the fifth day of each month,

9-35  account for and pay to the county treasurer all fees collected during the

9-36  preceding month.

9-37    Sec. 10.  NRS 122.060 is hereby amended to read as follows:

9-38    122.060  1.  The clerk is entitled to receive as his fee for issuing the

9-39  license the sum of [$13.] $21.

9-40    2.  The clerk shall also at the time of issuing the license collect the sum

9-41  of [$3] $10 and pay it over to the county recorder as his fee for recording

9-42  the originally signed copy of the certificate of marriage described in NRS

9-43  122.120.

9-44    3.  The clerk shall also at the time of issuing the license collect the

9-45  additional sum of $4 for the State of Nevada. The fees collected for the

9-46  state must be paid over to the county treasurer by the county clerk on or

9-47  before the 5th day of each month for the preceding calendar month, and

9-48  must be placed to the credit of the state general fund. The county treasurer

10-1  shall remit quarterly all such fees deposited by the clerk to the state

10-2  treasurer for credit to the state general fund.

10-3    4.  The clerk shall also at the time of issuing the license collect the

10-4  additional sum of $15 for the account for aid for victims of domestic

10-5  violence in the state general fund. The fees collected for this purpose must

10-6  be paid over to the county treasurer by the county clerk on or before the 5th

10-7  day of each month for the preceding calendar month, and must be placed to

10-8  the credit of that account. The county treasurer shall, on or before the 15th

10-9  day of each month, remit those fees deposited by the clerk to the state

10-10  treasurer for credit to that account.

10-11  Sec. 11.  NRS 122.060 is hereby amended to read as follows:

10-12  122.060  1.  The clerk is entitled to receive as his fee for issuing the

10-13  license the sum of $21.

10-14  2.  The clerk shall also at the time of issuing the license collect the sum

10-15  of $10 and pay it over to the county recorder as his fee for recording the

10-16  originally signed copy of the certificate of marriage described in NRS

10-17  122.120.

10-18  3.  The clerk shall also at the time of issuing the license collect the

10-19  additional sum of $4 for the State of Nevada. The fees collected for the

10-20  state must be paid over to the county treasurer by the county clerk on or

10-21  before the 5th day of each month for the preceding calendar month, and

10-22  must be placed to the credit of the state general fund. The county treasurer

10-23  shall remit quarterly all such fees deposited by the clerk to the state

10-24  treasurer for credit to the state general fund.

10-25  4.  The clerk shall also at the time of issuing the license collect the

10-26  additional sum of [$15] $20 for the account for aid for victims of domestic

10-27  violence in the state general fund. The fees collected for this purpose must

10-28  be paid over to the county treasurer by the county clerk on or before the 5th

10-29  day of each month for the preceding calendar month, and must be placed to

10-30  the credit of that account. The county treasurer shall, on or before the 15th

10-31  day of each month, remit those fees deposited by the clerk to the state

10-32  treasurer for credit to that account.

10-33  Sec. 12.  NRS 122.181 is hereby amended to read as follows:

10-34  122.181  1.  The commissioner of civil marriages or his deputy

10-35  commissioner of civil marriages is entitled to receive as his fee for

10-36  solemnizing a marriage [$35. All fees received for solemnizing marriages

10-37  by the commissioner or his deputy] $45. The fee must be deposited in the

10-38  county general fund.

10-39  2.  The commissioner of civil marriages or his deputy commissioner

10-40  of civil marriages shall also at the time of solemnizing a marriage collect

10-41  the additional sum of $5 for the account for aid for victims of domestic

10-42  violence in the state general fund. The fees collected for this purpose

10-43  must be paid over to the county treasurer by the county clerk on or before

10-44  the fifth day of each month for the preceding calendar month, and must

10-45  be credited to that account. The county treasurer shall, on or before the

10-46  15th day of each month, remit those fees deposited by the clerk to the

10-47  state treasurer for credit to that account.

 

 

11-1    Sec. 13.  NRS 278.450 is hereby amended to read as follows:

11-2    278.450  [The] For the recordation of any final map, the county

11-3  recorder shall collect a fee of [$35, plus 35 cents per lot or unit mapped, for

11-4  the recordation of any final map.] $50 for the first sheet of the map and

11-5  $10 for each additional sheet. The fee must be deposited in the general

11-6  fund of the county where it is collected.

11-7    Sec. 14.  NRS 278.468 is hereby amended to read as follows:

11-8    278.468  1.  If a parcel map is approved or deemed approved pursuant

11-9  to NRS 278.464, the preparer of the map shall:

11-10  (a) Cause the approved map to be recorded in the office of the county

11-11  recorder within 1 year after the date the map was approved or deemed

11-12  approved, unless the governing body establishes by ordinance a longer

11-13  period, not to exceed 2 years, for recording the map. The map must be

11-14  accompanied by a written statement signed by the treasurer of the county in

11-15  which the land to be divided is located indicating that all property taxes on

11-16  the land for the fiscal year have been paid.

11-17  (b) Pay a [$17] fee of $17 for the first sheet of the map plus $10 for

11-18  each additional sheet to the county recorder for filing and indexing.

11-19  2.  Upon receipt of a parcel map, the county recorder shall file the map

11-20  in a suitable place. He shall keep proper indexes of parcel maps by the

11-21  name of grant, tract, subdivision or United States subdivision.

11-22  3.  A county recorder who records a parcel map pursuant to this section

11-23  shall, within 7 working days after he records the parcel map, provide to the

11-24  county assessor at no charge:

11-25  (a) A duplicate copy of the parcel map and any supporting documents;

11-26  or

11-27  (b) Access to the digital parcel map and any digital supporting

11-28  documents.

11-29  Sec. 15.  NRS 278.4725 is hereby amended to read as follows:

11-30  278.4725  1.  Except as otherwise provided in this section, if the

11-31  governing body has authorized the planning commission to take final

11-32  action on a final map, the planning commission shall approve,

11-33  conditionally approve or disapprove the final map, basing its action upon

11-34  the requirements of NRS 278.472:

11-35  (a) In a county whose population is 40,000 or more, within 45 days; or

11-36  (b) In a county whose population is less than 40,000, within 60

11-37  days,

11-38  after accepting the final map as a complete application. The planning

11-39  commission shall file its written decision with the governing body. Except

11-40  as otherwise provided in subsection 5, or unless the time is extended by

11-41  mutual agreement, if the planning commission is authorized to take final

11-42  action and it fails to take action within the period specified in this

11-43  subsection, the final map shall be deemed approved unconditionally.

11-44  2.  If there is no planning commission or if the governing body has not

11-45  authorized the planning commission to take final action, the governing

11-46  body or its authorized representative shall approve, conditionally approve

11-47  or disapprove the final map, basing its action upon the requirements of

11-48  NRS 278.472:

11-49  (a) In a county whose population is 40,000 or more, within 45 days; or

12-1    (b) In a county whose population is less than 40,000, within 60

12-2  days,

12-3  after the final map is accepted as a complete application. Except as

12-4  otherwise provided in subsection 5 or unless the time is extended by

12-5  mutual agreement, if the governing body or its authorized representative

12-6  fails to take action within the period specified in this subsection, the final

12-7  map shall be deemed approved unconditionally.

12-8    3.  An applicant or other person aggrieved by a decision of the

12-9  authorized representative of the governing body or by a final act of the

12-10  planning commission may appeal to the governing body within a

12-11  reasonable period to be determined, by ordinance, by the governing body.

12-12  The governing body shall render its decision:

12-13  (a) In a county whose population is 40,000 or more, within 45 days; or

12-14  (b) In a county whose population is less than 40,000, within 60

12-15  days,

12-16  after the date on which the appeal is filed.

12-17  4.  If the map is disapproved, the governing body or its authorized

12-18  representative or the planning commission shall return the map to the

12-19  person who proposes to divide the land, with the reason for its action and a

12-20  statement of the changes necessary to render the map acceptable.

12-21  5.  If the final map divides the land into 16 lots or more, the governing

12-22  body or its authorized representative or the planning commission shall not

12-23  approve a map, and a map shall not be deemed approved, unless:

12-24  (a) Each lot contains an access road that is suitable for use by

12-25  emergency vehicles; and

12-26  (b) The corners of each lot are set by a professional land surveyor.

12-27  6.  If the final map divides the land into 15 lots or less, the governing

12-28  body or its authorized representative or the planning commission may, if

12-29  reasonably necessary, require the map to comply with the provisions of

12-30  subsection 5.

12-31  7.  Upon approval, the map must be filed with the county recorder.

12-32  Filing with the county recorder operates as a continuing:

12-33  (a) Offer to dedicate for public roads the areas shown as proposed roads

12-34  or easements of access, which the governing body may accept in whole or

12-35  in part at any time or from time to time.

12-36  (b) Offer to grant the easements shown for public utilities, which any

12-37  public utility may similarly accept without excluding any other public

12-38  utility whose presence is physically compatible.

12-39  8.  The map filed with the county recorder must include:

12-40  (a) A certificate signed and acknowledged by each owner of land to be

12-41  divided consenting to the preparation of the map, the dedication of the

12-42  roads and the granting of the easements.

12-43  (b) A certificate signed by the clerk of the governing body or authorized

12-44  representative of the governing body or the secretary to the planning

12-45  commission that the map was approved, or the affidavit of the person

12-46  presenting the map for filing that the time limited by subsection 1 or 2 for

12-47  action by the governing body or its authorized representative or the

12-48  planning commission has expired and that the requirements of subsection 5

12-49  have been met. A certificate signed pursuant to this paragraph must also

13-1  indicate, if applicable, that the governing body or planning commission

13-2  determined that a public street, easement or utility easement which will not

13-3  remain in effect after a merger and resubdivision of parcels conducted

13-4  pursuant to NRS 278.4925, has been vacated or abandoned in accordance

13-5  with NRS 278.480.

13-6    (c) A written statement signed by the treasurer of the county in which

13-7  the land to be divided is located indicating that all property taxes on the

13-8  land for the fiscal year have been paid.

13-9    9.  A governing body may by local ordinance require a final map to

13-10  include:

13-11  (a) A report from a title company which lists the names of:

13-12     (1) Each owner of record of the land to be divided; and

13-13     (2) Each holder of record of a security interest in the land to be

13-14  divided, if the security interest was created by a mortgage or a deed of

13-15  trust.

13-16  (b) The signature of each owner of record of the land to be divided.

13-17  (c) The written consent of each holder of record of a security interest

13-18  listed pursuant to subparagraph (2) of paragraph (a), to the preparation and

13-19  recordation of the final map. A holder of record may consent by signing:

13-20     (1) The final map; or

13-21     (2) A separate document that is filed with the final map and declares

13-22  his consent to the division of land.

13-23  10.  After a map has been filed with the county recorder, any lot shown

13-24  thereon may be conveyed by reference to the map, without further

13-25  description.

13-26  11.  The county recorder shall charge and collect for recording the map

13-27  a fee set by the board of county commissioners of not more than [$35 per

13-28  page set by the board of county commissioners.] $50 for the first sheet of

13-29  the map plus $10 for each additional sheet.

13-30  12.  A county recorder who records a final map pursuant to this section

13-31  shall, within 7 working days after he records the final map, provide to the

13-32  county assessor at no charge:

13-33  (a) A duplicate copy of the final map and any supporting documents; or

13-34  (b) Access to the digital final map and any digital supporting

13-35  documents.

13-36  Sec. 16.  NRS 278A.570 is hereby amended to read as follows:

13-37  278A.570  1.  A plan which has been given final approval by the city

13-38  or county, must be certified without delay by the city or county and filed of

13-39  record in the office of the appropriate county recorder before any

13-40  development occurs in accordance with that plan. A county recorder shall

13-41  not file for record any final plan unless it includes:

13-42  (a) A final map of the entire final plan or an identifiable phase of the

13-43  final plan if required by the provisions of NRS 278.010 to 278.630,

13-44  inclusive;

13-45  (b) The certifications required pursuant to NRS 116.2109; and

13-46  (c) The same certificates of approval as are required under NRS

13-47  278.377 or evidence that:

13-48     (1) The approvals were requested more than 30 days before the date

13-49  on which the request for filing is made; and

14-1      (2) The agency has not refused its approval.

14-2    2.  Except as otherwise provided in this subsection, after the plan is

14-3  recorded, the zoning and subdivision regulations otherwise applicable to

14-4  the land included in the plan cease to apply. If the development is

14-5  completed in identifiable phases, then each phase can be recorded. The

14-6  zoning and subdivision regulations cease to apply after the recordation of

14-7  each phase to the extent necessary to allow development of that phase.

14-8    3.  Pending completion of the planned unit development, or of the part

14-9  that has been finally approved, no modification of the provisions of the

14-10  plan, or any part finally approved, may be made, nor may it be impaired by

14-11  any act of the city or county except with the consent of the landowner.

14-12  4.  [The] For the recording or filing of any final map, plat or plan,

14-13  the county recorder shall collect a fee of $50[, plus 50 cents per lot or unit

14-14  mapped,] for the [recording or filing of any final map, plat or plan .] first

14-15  sheet of the map, plat or plan plus $10 for each additional sheet. The fee

14-16  must be deposited in the general fund of the county where it is collected.

14-17  Sec. 17.  NRS 403.190 is hereby amended to read as follows:

14-18  403.190  1.  Except as otherwise provided in subsection 3, upon

14-19  laying out and designating the county roads as required in NRS 403.170,

14-20  the board of county highway commissioners shall cause a map of the

14-21  county to be made, showing the county roads and their designations. The

14-22  board shall file one copy of the map with the clerk of the board of county

14-23  highway commissioners, one copy with the department of transportation,

14-24  one copy with the county clerk and one copy with the county recorder.

14-25  2.  When any road has been designated by the board of county highway

14-26  commissioners as a standard county road, as provided in NRS 403.180, that

14-27  designation must be made on the copies of the map on file with the clerk of

14-28  the board of county highway commissioners, the county clerk, the

14-29  department of transportation and the county recorder.

14-30  3.  The board of county highway commissioners need not include a

14-31  minor county road upon the map required by subsection 1. Any person who

14-32  uses a minor county road may file with the county recorder a map showing

14-33  the location of the road, appropriately emphasized in black ink upon the

14-34  map by the person filing it. The map must:

14-35  (a) Be a topographical map prepared by the United States Geological

14-36  Survey, unless the board of county highway commissioners determines that

14-37  other specific maps are acceptable.

14-38  (b) Have written on its face, in black ink, the townships, ranges and

14-39  sections through which the road traverses.

14-40  The map so filed is evidence of the existence and location of the road. Each

14-41  person filing such a map shall pay to the county recorder a fee of $17 for

14-42  the first sheet of the map plus $10[.] for each additional sheet.

14-43  Sec. 18.  Chapter 423 of NRS is hereby amended by adding thereto a

14-44  new section to read as follows:

14-45  1.  The account to assist persons formerly in foster care is hereby

14-46  established in the department of human resources’ gift fund.

14-47  2.  The account must be administered by the administrator.

14-48  3.  The money in the account must be used to assist persons who

14-49  attained the age of 18 years while children in foster care in this state to

15-1  make the transition from foster care to economic self-sufficiency, and

15-2  may, consistent with that purpose, be:

15-3  (a) Disbursed on behalf of such persons, on the basis of need, to

15-4  obtain goods and services, including, without limitation:

15-5      (1) Job training;

15-6      (2) Housing assistance; and

15-7      (3) Medical insurance;

15-8  (b) Granted to nonprofit community organizations; or

15-9  (c) Expended to provide matching money required as a condition of

15-10  any federal grant.

15-11  4.  A request for the disbursement of money from the account

15-12  pursuant to paragraph (a) of subsection 3 must be made to the division in

15-13  writing. The request must include information to demonstrate that all

15-14  other resources for money to pay for the goods and services have been

15-15  exhausted.

15-16  5.  The division shall adopt such regulations as necessary for the

15-17  administration of this section.

15-18  6.  Money in the account at the end of any fiscal year remains in the

15-19  account and does not revert to any other fund.

15-20  Sec. 19.  NRS 625.370 is hereby amended to read as follows:

15-21  625.370  1.  The charge for filing and indexing any record of survey is

15-22  $17[.] for the first page plus $10 for each additional page.

15-23  2.  The record of survey must be suitably filed by the county recorder

15-24  and he shall keep proper indexes of such survey records by name of tract,

15-25  subdivision or United States land subdivision.

15-26  3.  A county recorder who records a record of survey pursuant to this

15-27  section shall, within 7 working days after he records the record of survey,

15-28  provide to the county assessor at no charge:

15-29  (a) A duplicate copy of the record of survey and any supporting

15-30  documents; or

15-31  (b) Access to the digital record of survey and any digital supporting

15-32  documents.

15-33  Sec. 20. 1.  This section and sections 10 and 12 of this act become

15-34  effective on July 1, 2001.

15-35  2.  Sections 1 to 9, inclusive, and 13 to 19, inclusive, of this act become

15-36  effective on October 1, 2001.

15-37  3.  Section 10 of this act expires by limitation on December 31, 2002.

15-38  4.  Section 11 of this act becomes effective on January 1, 2003.

 

15-39  H