EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 244 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. The board of county commissioners in a county that collects fees

1-4 pursuant to NRS 19.031 shall establish, by ordinance, a procedure for

1-5 the distribution of those fees to one or more of the programs described in

1-6 subsection 1 of NRS 19.031 that provide legal services in civil actions

1-7 without charge to indigent and elderly persons. The procedure must

1-8 include, without limitation:

1-9 (a) A process by which such a program may apply to the board to

1-10 receive money from the fees collected pursuant to NRS 19.031; and

1-11 (b) The criteria that the board will use to determine the distribution of

1-12 the money from the fees to one or more of the programs that applied to

1-13 receive money pursuant to paragraph (a).

2-1 2. In determining the distribution of the money from the fees, the

2-2 board shall allocate the money in such a manner that the money is used

2-3 to provide legal services in civil actions as follows:

2-4 (a) From each $25 collected pursuant to subsection 1 of NRS 19.031:

2-5 (1) For the benefit of indigent persons in the county, $15.50; and

2-6 (2) For the benefit of elderly persons in the county, $9.50.

2-7 (b) From each $14 collected pursuant to subsection 2 of NRS 19.031:

2-8 (1) For the benefit of indigent persons in the county, $10; and

2-9 (2) For the benefit of elderly persons in the county, $4.

2-10 3. The board shall select annually the one or more programs that

2-11 will receive money from the fees collected pursuant to NRS 19.031 and

2-12 direct the county treasurer to remit the money to the one or more

2-13 programs selected in the amount determined by the board.

2-14 Sec. 2. NRS 19.031 is hereby amended to read as follows:

2-15 19.031 1. Except as otherwise provided in subsection 2, in each

2-16 county in which legal services are provided in civil actions without charge

2-17 to indigent or elderly persons through [a program] one or more programs

2-18 for legal aid organized under the auspices of the State Bar of Nevada, a

2-19 county or local bar association, a county or municipal program for legal

2-20 services or one or more other [program] programs funded in whole or in

2-21 part by the county or a municipality or by this state or the United States to

2-22 provide legal assistance [,] in civil actions, the county clerk shall, on the

2-23 commencement of any civil action or proceeding in the district court for

2-24 which a filing fee is required, and on the filing of any answer or

2-25 appearance in any such action or proceeding for which a filing fee is

2-26 required, charge and collect a fee of $25 from the party commencing or

2-27 appearing in the action or proceeding. These fees are in addition to any

2-28 other fees required by law.

2-29 2. In each county described in subsection 1, the county clerk shall, on

2-30 the commencement of any action provided for in chapter 125 of NRS, and

2-31 on the filing of any answer or appearance in any such action, charge and

2-32 collect a fee of $14 from the party commencing or appearing in the action.

2-33 These fees are in addition to any other fees required by law.

2-34 3. On or before the first Monday of each month , the county clerk shall

2-35 pay over to the county treasurer the amount of all fees collected by him

2-36 pursuant to subsections 1 and 2. Except as otherwise provided in

2-37 subsection 5, the county treasurer shall remit quarterly [to the organization

2-38 operating the program for legal services all] the money received by him

2-39 from the county clerk [.

2-40 4. The organization operating the program for legal services shall use

2-41 any money received pursuant to subsection 3 as follows:

2-42 (a) From each $25 collected pursuant to subsection 1:

3-1 (1) Fifteen dollars and fifty cents for the benefit of indigent persons

3-2 in the county; and

3-3 (2) Nine dollars and fifty cents for the benefit of elderly persons in

3-4 the county.

3-5 (b) From each $14 collected pursuant to subsection 2:

3-6 (1) Ten dollars for the benefit of indigent persons in the county; and

3-7 (2) Four dollars for the benefit of elderly persons in the county.] as

3-8 directed by the board of county commissioners pursuant to section 1 of

3-9 this act.

3-10 4. A program that receives money from fees collected pursuant to

3-11 this section shall submit a monthly report to the board of county

3-12 commissioners for the period during which the program receives the

3-13 money. The report must set forth the purposes for which the program

3-14 used the money.

3-15 5. If the county treasurer receives notice from the state or a political

3-16 subdivision that an award of attorney’s fees or costs has been made to [an

3-17 organization that receives money] a program that is receiving money from

3-18 fees collected pursuant to this section and has been paid, he shall:

3-19 (a) Deduct an amount equal to the award from the amount to be paid to

3-20 the [organization;] program; and

3-21 (b) Remit an equal amount to the state or to the political subdivision

3-22 that paid the fees or costs at the time when he would have paid it to the

3-23 [organization.] program.

3-24 6. The fees which are collected from a county must be used to provide

3-25 legal services in civil actions for the benefit of the indigent or elderly

3-26 persons , including, without limitation, indigent or elderly persons who

3-27 are victims of domestic violence, in that county.

3-28 Sec. 3. This act becomes effective on July 1, 1999.