Senate Bill No. 512–Committee on Judiciary

(On Behalf of Nevada District Judges Association)

March 22, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Removes provisions that prohibit certain justices of the peace and municipal judges from charging fees for performing marriage ceremonies. (BDR 11-630)

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 marriage; removing the provisions that prohibit certain justices of the peace and municipal judges from charging a fee to perform a marriage ceremony; 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 122.080 is hereby amended to read as follows:

1-2 122.080 1. After receipt of the marriage license previously issued to

1-3 persons wishing to be married as provided in NRS 122.040 and 122.050, it

1-4 is lawful for any justice of the supreme court, any judge of the district

1-5 court, any justice of the peace in his township if it is not a commissioner

1-6 township, any justice of the peace in a commissioner township if authorized

1-7 pursuant to subsection 3, any municipal judge if authorized pursuant to

1-8 subsection 4, any commissioner of civil marriages within his county and

1-9 within a commissioner township therein, or any deputy commissioner of

1-10 civil marriages within the county of his appointment and within a

1-11 commissioner township therein, to join together as husband and wife all

1-12 persons not prohibited by this chapter.

1-13 2. This section does not prohibit:

1-14 (a) A justice of the peace of one township, while acting in the place and

1-15 stead of the justice of the peace of any other township, from performing

2-1 marriage ceremonies within the other township, if such other township is

2-2 not a commissioner township.

2-3 (b) A justice of the peace of one township performing marriages in

2-4 another township of the same county where there is no duly qualified and

2-5 acting justice of the peace, if such other township is not a commissioner

2-6 township or if he is authorized to perform the marriage pursuant to

2-7 subsection 3.

2-8 3. In any calendar year, a justice of the peace may perform not more

2-9 than 20 marriage ceremonies in commissioner townships . [if he does not

2-10 accept any fee, gratuity, gift, honorarium or anything of value for or in

2-11 connection with solemnizing the marriage.]

2-12 4. In any calendar year, a municipal judge may perform not more than

2-13 20 marriage ceremonies in this state . [if he does not accept any fee,

2-14 gratuity, gift, honorarium or anything of value for or in connection with

2-15 solemnizing the marriage.

2-16 5. Any justice of the peace who performs a marriage ceremony in a

2-17 commissioner township or any municipal judge who performs a marriage

2-18 ceremony in this state and who accepts any fee, gratuity, gift, honorarium

2-19 or anything of value for or in connection with solemnizing the marriage is

2-20 guilty of a misdemeanor.]

2-21 Sec. 2. NRS 4.060 is hereby amended to read as follows:

2-22 4.060 1. Except as otherwise provided in this section, each justice of

2-23 the peace shall charge and collect the following fees:

2-24 (a) On the commencement of any action or proceeding in the justice’s

2-25 court, other than in actions commenced pursuant to chapter 73 of NRS, to

2-26 be paid by the party commencing the action:

2-27 If the sum claimed does not exceed $1,000 $28.00

2-28 If the sum claimed exceeds $1,000 but does not exceed

2-29 $2,500 50.00

2-30 If the sum claimed exceeds $2,500 but does not exceed

2-31 $4,500 100.00

2-32 If the sum claimed exceeds $4,500 but does not exceed

2-33 $6,500 125.00

2-34 If the sum claimed exceeds $6,500 but does not exceed

2-35 $7,500 150.00

2-36 In all other civil actions 28.00

2-37 (b) For the preparation and filing of an affidavit and order in

2-38 an action commenced pursuant to chapter 73 of NRS:

2-39 If the sum claimed does not exceed $1,000 25.00

2-40 If the sum claimed exceeds $1,000 but does not exceed

2-41 $2,500 45.00

2-42 If the sum claimed exceeds $2,500 but does not exceed

2-43 $3,500 65.00

3-1 (c) On the appearance of any defendant, or any

3-2 number of defendants answering jointly, to be paid him

3-3 or them on filing the first paper in the action, or at the

3-4 time of appearance:

3-5 In all civil actions $12.00

3-6 For every additional defendant, appearing separately 6.00

3-7 (d) No fee may be charged where a defendant or defendants

3-8 appear in response to an affidavit and order issued pursuant to

3-9 the provisions of chapter 73 of NRS.

3-10 (e) For the filing of any paper in intervention 6.00

3-11 (f) For the issuance of any writ of attachment, writ of

3-12 garnishment, writ of execution, or any other writ designed to

3-13 enforce any judgment of the court 6.00

3-14 (g) For filing a notice of appeal, and appeal bonds 12.00

3-15 One charge only may be made if both papers are filed at the

3-16 same time.

3-17 (h) For issuing supersedeas to a writ designed to enforce a

3-18 judgment or order of the court 12.00

3-19 (i) For preparation and transmittal of transcript and papers on

3-20 appeal 12.00

3-21 (j) For celebrating a marriage and returning the certificate to

3-22 the county recorder 35.00

3-23 (k) For entering judgment by confession 6.00

3-24 (l) For preparing any copy of any record, proceeding or

3-25 paper, for each page .30

3-26 (m) For each certificate of the clerk, under the seal of the

3-27 court 3.00

3-28 (n) For searching records or files in his office, for each year 1.00

3-29 (o) For filing and acting upon each bail or property bond 40.00

3-30 2. A justice of the peace shall not charge or collect any of the fees set

3-31 forth in subsection 1 for any service rendered by him to the county in which

3-32 his township is located.

3-33 3. [A justice of the peace shall not charge or collect the fee pursuant to

3-34 paragraph (j) of subsection 1 if he performs a marriage ceremony in a

3-35 commissioner township.

3-36 4.] Except as otherwise provided by an ordinance adopted pursuant to

3-37 the provisions of NRS 244.207, the justice of the peace shall, on or before

3-38 the fifth day of each month, account for and pay to the county treasurer all

3-39 fees collected during the preceding month, except for the fees he may retain

3-40 as compensation and the fees he is required to pay to the state treasurer

3-41 pursuant to subsection [5.] 4.

4-1 [5.] 4. The justice of the peace shall, on or before the fifth day of each

4-2 month, pay to the state treasurer [half] one-half of the fees collected

4-3 pursuant to paragraph (o) of subsection 1 during the preceding month. The

4-4 state treasurer shall deposit the money in the fund for the compensation of

4-5 victims of crime.

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