Assembly Bill No. 535–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to civil practice; reducing the court filing fees for a petition to adopt a child with special needs; requiring a court to waive court costs when a petition is filed for the adoption of a child with special needs; 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:

   If the division of child and family services of the department of human

 resources, or a child-placing agency licensed by the division pursuant to

 chapter 127 of NRS, consents to the adoption of a child with special

 needs pursuant to NRS 127.186, a county clerk shall reduce the total

 filing fee to not more than $1 for filing the petition to adopt such a child.

   Sec. 2.  NRS 19.020 is hereby amended to read as follows:

   19.020  1.  At the time of the commencement of every civil action or

 other proceeding in the several district courts, the plaintiff shall pay the

 clerk of the court in which the action is commenced the sum of $3, except

 as otherwise provided[.] by specific statute.

   2.  At the commencement of any proceeding in any district court for the

 purpose of procuring an appointment of administration upon the estate of

 any deceased person, or procuring an appointment as guardian, the party

 instituting the proceeding shall pay the clerk of the court the sum of $1.50.

   3.  Whenever any appeal is taken in a civil action or proceeding from

 the judgment or decision of a justice’s court, or other tribunal inferior to

 the district court, the party appealing shall, before the return to the appeal

 may be filed in the appellate court, pay to the clerk of the appellate court

 the sum of $5.

   4.  The several fees provided for in this section are designated as court

 fees, and no such action may be deemed commenced, proceedings

 instituted, nor appeal perfected until the court fees are paid.

   Sec. 3.  NRS 19.031 is hereby amended to read as follows:

   19.031  1.  Except as otherwise provided in subsection 2, and section

 1 of this act, in each county in which legal services are provided without

 charge to indigent or elderly persons through a program for legal aid

 organized under the auspices of the State Bar of Nevada, a county or local

 bar association, a county or municipal program for legal services or other

 program funded by this state or the United States to provide legal

 assistance, the county clerk shall, 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, charge and collect a fee of

 $25 from the party commencing or appearing in the action or proceeding.

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

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

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

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

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

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

   3.  On or before the first Monday of each month the county clerk shall

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

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

 subsection 5, the county treasurer shall remit quarterly to the organization

 operating the program for legal services all the money received by him

 from the county clerk.

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

 any money received pursuant to subsection 3 as follows:

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

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

 in the county; and

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

 the county.

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

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

     (2) Four dollars for the benefit of elderly persons in the county.

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

 subdivision that an award of attorney’s fees or costs has been made to an

 organization that receives money pursuant to this section and has been

 paid, he shall:

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

 the organization; and

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

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

 organization.

   6.  The fees which are collected from a county must be used for the

 benefit of the indigent or elderly persons in that county.

   Sec. 4.  NRS 19.0313 is hereby amended to read as follows:

   19.0313  1.  [In] Except as otherwise provided in section 1 of this act,

 in a county whose population is 100,000 or more, the county clerk shall,

 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, charge and collect not less than $5 but not more than $10 from

 the party commencing, answering or appearing in the action or

 proceeding. The fee required pursuant to this section is in addition to any

 other fee required by law.

   2.  On or before the first Monday of each month the county clerk shall

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

 pursuant to subsection 1 for use in the programs established in accordance

 with NRS 3.500 and 244.1607.

   3.  [The] Except as otherwise provided in section 1 of this act, the

 board of county commissioners of any other county may impose by

 ordinance an additional filing fee of not more than $10 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. On or before the fifth day of each month, in a county where this

 fee has been

imposed, the county clerk shall account for and pay over to the county

treasurer all fees collected during the preceding month pursuant to this

 subsection for credit to an account for dispute resolution in the county

 general fund. The money in the account must be used only to support a

 program established pursuant to NRS 3.500 or 244.1607.

   Sec. 5.  NRS 19.03135 is hereby amended to read as follows:

   19.03135  1.  In a county whose population is less than 100,000, the

 board of county commissioners may, in addition to any other fee required

 by law, impose by ordinance a filing fee of not more than $10 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[.] , except as otherwise required pursuant to section 1 of this

 act.

   2.  On or before the fifth day of each month, in a county where a fee

 has been imposed pursuant to subsection 1, the clerk of the court shall

 account for and pay over to the county treasurer any such fees collected by

 him during the preceding month for credit to an account for programs for

 the prevention and treatment of the abuse of alcohol and drugs in the

 county general fund. The money in that account must be used only to

 support programs for the prevention or treatment of the abuse of alcohol or

 drugs which may include, without limitation, any program of treatment for

 the abuse of alcohol or drugs established in a judicial district pursuant to

 NRS 453.580.

   Sec. 6.  NRS 19.0315 is hereby amended to read as follows:

   19.0315  1.  [On] Except as otherwise provided in section 1 of this

 act, 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, the county clerk shall charge and collect a fee of $5 from the

 party commencing, answering or appearing in the action or proceeding.

 These fees are in addition to any other fee required by law.

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

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

 pursuant to subsection 1 for credit to an account for programs of

 arbitration in the county general fund. The money in the account must be

 used only to support programs for the arbitration of civil actions pursuant

 to NRS 38.250.

   3.  The provisions of this section apply only in judicial districts in

 which a program of arbitration has been established pursuant to NRS

 38.250.

   Sec. 7.  NRS 19.050 is hereby amended to read as follows:

   19.050  [When] Except as otherwise provided in subsection 8 of NRS

 127.186, when by law any publication is required to be made by a county

 clerk of any suit, process, notice, order or other paper, the cost of such

 publication shall, if demanded, be tendered by the party to whom such

 order, process, notice or other paper was granted before the county clerk

 shall be compelled to make publication thereof.

   Sec. 8.  NRS 127.186 is hereby amended to read as follows:

   127.186  1.  The division, or a child-placing agency licensed by the

 division pursuant to this chapter, may consent to the adoption of a child

 under 18 years of age with special needs due to race, age or physical or

 mental problems who is in the custody of the division or the licensed

 agency by proposed adoptive parents when, in the judgment of the

 division or the licensed agency, it would be in the best interests of the

 child to be placed in that adoptive home.

   2.  The division or child-placing agency shall determine whether a

 child has special needs and notify the proposed adoptive parents of a child

 who is determined to have special needs:

   (a) That they may be eligible for a grant of financial assistance pursuant

 to this section if the petition for adoption is granted; and

   (b) The manner in which to apply for such financial assistance.

   3.  The division may grant financial assistance for attorney’s fees [and

 court costs] in the adoption proceeding, for maintenance and for

 preexisting physical or mental conditions to the adoptive parents out of

 money provided for that purpose if the administrator of the division has

 reviewed and approved in writing the proposed adoption and grant of

 assistance.

   4.  The grant of financial assistance must be limited, both as to amount

 and duration, by agreement in writing between the division and the

 adoptive parents. The agreement does not become effective until the entry

 of the order of adoption.

   5.  Any grant of financial assistance must be reviewed and evaluated at

 least once annually by the division. The evaluation must be presented for

 approval to the administrator of the division. Financial assistance must be

 discontinued immediately upon written notification to the adoptive parents

 by the division that continued assistance is denied.

   6.  All financial assistance provided under this section ceases

 immediately when the child attains majority, becomes self-supporting, is

 emancipated or dies, whichever occurs first.

   7.  Neither a grant of financial assistance pursuant to this section nor

 any discontinuance of such assistance affects the legal status or respective

 obligations of any party to the adoption.

   8.  A court shall waive all court costs of the proposed adoptive parents

 in an adoption proceeding for a child with special needs if the division

 or child-placing agency consents to the adoption of such a child

 pursuant to this section.

   Sec. 9.  The amendatory provisions of this act do not apply to a

 petition for adoption filed before October 1, 2001.

 

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