Assembly Bill No. 239–Committee on Judiciary
CHAPTER..........
AN ACT relating to fees in civil actions; authorizing a board of county commissioners to impose an additional fee for the filing of certain actions and responses thereto in district courts and justices’ courts to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 19 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. Except as otherwise provided in subsection 2, in addition to any
other fee required by law, in each county that charges a fee pursuant to
NRS 19.031 to offset a portion of the costs of providing legal services
without a charge to indigent or elderly persons, a board of county
commissioners may impose by ordinance a filing fee to offset a portion
of the costs of providing pro bono programs and of providing legal
services without a charge to abused or neglected children and victims of
domestic violence to be remitted to the organization operating the
program for legal services that receives the fees charged pursuant to
NRS 19.031 for programs for the indigent in an amount not to exceed:
(a) Five dollars to be paid on the commencement of any civil action or
proceeding in the district court for which a filing fee is required and on
the filing of any answer or appearance in any such action or proceeding
for which a filing fee is required.
(b) Twenty-five dollars to be paid on the filing of any motion or other
paper that seeks to modify or adjust a final order that was issued
pursuant to chapter 125, 125B or 125C of NRS and on the filing of any
answer or response to such a motion or other paper.
2. A board of county commissioners may not by ordinance impose a
filing fee pursuant to paragraph (b) of subsection 1 for:
(a) A motion filed solely to adjust the amount of support for a child set
forth in a final order; or
(b) A motion for reconsideration or for a new trial that is filed within
10 days after a final judgment or decree has been issued.
3. On or before the first Monday of each month, in a county in which
a fee has been imposed pursuant to subsection 1, the county clerk shall
account for and pay over to the county treasurer any such fees collected
by him during the preceding month. The county treasurer shall remit
quarterly to the organization to which the fees are to be paid pursuant to
subsection 1 all the money received by him from the county clerk.
4. Any fees collected pursuant to this section must be used for the
benefit of the persons to whom the organization operating the program
for legal services that receives money pursuant to this section provides
legal services without a charge.
Sec. 2. Chapter 4 of NRS is hereby amended by adding thereto a new
section to read as follows:
1. In addition to any other fee required by law, in each county that
charges a fee pursuant to NRS 19.031 to offset a portion of the costs of
providing legal services without a charge to indigent or elderly persons,
a board of county commissioners may impose by ordinance a filing fee
to offset a portion of the costs of providing pro bono programs and of
providing legal services without a charge to abused or neglected children
and victims of domestic violence to be remitted to the organization
operating the program for legal services that receives the fees charged
pursuant to NRS 19.031 for programs for the indigent in an amount not
to exceed $5 to be paid on the commencement of any action or
proceeding in the justice’s court for which a filing fee is required and on
the filing of any answer or appearance in any such action or proceeding
for which a filing fee is required.
2. On or before the first Monday of each month, in a county in which
a fee has been imposed pursuant to subsection 1, the justice of the peace
shall account for and pay over to the county treasurer any such fees
collected by him during the preceding month. The county treasurer shall
remit quarterly to the organization to which the fees are to be paid
pursuant to subsection 1 all the money received by him from the justice
of the peace.
3. Any fees collected pursuant to this section must be used for the
benefit of the persons to whom the organization operating the program
for legal services that receives money pursuant to this section provides
legal services without a charge.
Sec. 3. This act becomes effective on July 1, 2001.
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