Assembly Bill No. 414–Committee on Government Affairs

(On Behalf of County Fiscal Officers Association)

March 8, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes concerning county recorders. (BDR 20-288)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to county recorders; increasing the fee charged by a county recorder for certifying a document; prohibiting the recording of certain documents that do not contain certain information; revising the manner in which the county recorder provides the welfare division of the department of human resources with information contained in an affidavit of death; 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. NRS 247.305 is hereby amended to read as follows:

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

1-3 service, county recorders shall charge and collect only the fee specified.

1-4 Otherwise county recorders shall charge and collect the following fees:

1-5 For recording any document, for the first page $7

1-6 For each additional page 1

1-7 For recording each portion of a document which must be

1-8 separately indexed, after the first indexing 3

1-9 For copying any record, for each page 1

1-10 For certifying, including certificate and seal [, for the first seal 3

1-11 For each additional seal 1] 4

1-12 For a certified copy of a certificate of marriage 7

1-13 For a certified abstract of a certificate of marriage 7

2-1 2. Except as otherwise provided in subsection 3, a county recorder shall not charge or collect 2-2 any fees for any of the services specified in this section when rendered by him to:

2-3 (a) The county in which his office is located.

2-4 (b) The State of Nevada or any city or town within the county in which

2-5 his office is located, if the document being recorded:

2-6 (1) Conveys to the state, or to that city or town, an interest in land;

2-7 (2) Is a mortgage or deed of trust upon lands within the county which

2-8 names the state or that city or town as beneficiary;

2-9 (3) Imposes a lien in favor of the state or that city or town; or

2-10 (4) Is a notice of the pendency of an action in eminent domain filed

2-11 by the state pursuant to NRS 37.060.

2-12 3. A county recorder shall charge and collect the fees specified in this

2-13 section for copying of any document at the request of the State of Nevada,

2-14 and any city or town within the county. For copying, and for his certificate

2-15 and seal upon the copy, the county recorder shall charge the regular fee.

2-16 4. For purposes of this section, "State of Nevada," "county," "city"

2-17 and "town" include any department or agency thereof and any officer

2-18 thereof in his official capacity.

2-19 5. Except as otherwise provided by an ordinance adopted pursuant to

2-20 the provisions of NRS 244.207, county recorders shall, on or before the

2-21 fifth working day of each month, account for and pay to the county

2-22 treasurer all such fees collected during the preceding month.

2-23 Sec. 2. NRS 111.312 is hereby amended to read as follows:

2-24 111.312 1. The county recorder shall not record with respect to real

2-25 property, a notice of completion, a declaration of homestead, a lien or

2-26 notice of lien, an affidavit of death, a mortgage or deed of trust, or any

2-27 conveyance of real property or instrument in writing setting forth an

2-28 agreement to convey real property unless [it contains] the document being

2-29 recorded contains:

2-30 (a) The mailing address of the grantee or, if there is no grantee, the

2-31 mailing address of the person who is requesting the recording of the

2-32 document; and [the]

2-33 (b) The assessor’s parcel number of the property [,] at the top of the

2-34 first page of the document, if the county assessor has assigned a parcel

2-35 number to the property. The county recorder is not required to verify that

2-36 the assessor’s parcel number is correct.

2-37 2. The assessor’s parcel number shall not be deemed to be a complete

2-38 legal description of the real property conveyed.

2-39 Sec. 3. NRS 111.365 is hereby amended to read as follows:

2-40 111.365 1. In the case of real property owned by two or more

2-41 persons as joint tenants or as community property with right of

2-42 survivorship, it is presumed that all title or interest in and to that real

3-1 property of each of one or more deceased joint tenants or the deceased

3-2 spouse has terminated, and vested solely in the surviving joint tenant or

3-3 spouse or vested jointly in the surviving joint tenants, if there has been

3-4 recorded in the office of the recorder of the county or counties in which the

3-5 real property is situate an affidavit, subscribed and sworn to by a person

3-6 who has knowledge of the facts required in this subsection, which sets

3-7 forth the following:

3-8 (a) The family relationship, if any, of the affiant to each deceased joint

3-9 tenant or the deceased spouse;

3-10 (b) A description of the instrument or conveyance by which the joint

3-11 tenancy or right of survivorship was created;

3-12 (c) A description of the property subject to the joint tenancy or right of

3-13 survivorship; and

3-14 (d) The date and place of death of each deceased joint tenant or the

3-15 deceased spouse.

3-16 2. [The] Each month, a county recorder shall send [a copy of the

3-17 affidavit] all the information contained in each affidavit received by him

3-18 pursuant to subsection 1 during the immediately preceding month to the

3-19 welfare division of the department of human resources [by certified mail,

3-20 return receipt requested, postage prepaid, within 3 days after the affidavit

3-21 is recorded.] in any format and by any medium approved by the welfare

3-22 division.

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