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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