AB94_EN

Assembly Bill No. 94–Committee on Government Affairs

CHAPTER..........

AN ACT relating to local governments; authorizing a county recorder to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county recorder; requiring the county recorder to charge and collect an additional fee to assist persons formerly in foster care; increasing the amount of certain fees charged and collected by certain officials of local governments; creating an account in the department of human resources’ gift fund to assist persons formerly in foster care; 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 247 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a county recorder imposes an additional fee pursuant to subsection 2 of NRS 247.305, the proceeds collected from such a fee must be accounted for separately in the county general fund. Any interest earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.

2. The money in the account must be used only to acquire technology for or improve the technology used in the office of the county recorder, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

3. The county recorder shall submit an annual report to the board of county commissioners of the county which contains:

(a) An estimate of the proceeds that the county recorder will collect from the additional fee imposed pursuant to subsection 2 of NRS 247.305 in the following fiscal year; and

(b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to subsection 2 of NRS 247.305 for the costs related to the technology required for the office of the county recorder for the following fiscal year.

Sec. 1.5 NRS 247.305 is hereby amended to read as follows:

247.305 1. If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise county recorders shall charge and collect the following fees:

For recording any document, for the first page............................... [$7] $10

For each additional page.................. 1

For recording each portion of a document which must be separately indexed, after the first indexing....... 3

For copying any record, for each page1

For certifying, including certificate and seal.................................................. 4

For a certified copy of a certificate of marriage.................................... [7] 10

For a certified abstract of a certificate of marriage.................................... [7] 10

2. Except as otherwise provided in this subsection, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection for credit to the account established pursuant to section 1 of this act.

3. Except as otherwise provided in this subsection, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection. On or before the 15th day of each month, the county treasurer shall remit the money received by him pursuant to this subsection to the state treasurer for credit to the account to assist persons formerly in foster care established pursuant to section 14.5 of this act.

4. Except as otherwise provided in subsection [3,] 5, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

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

(b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

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

(2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary;

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

(4) Is a notice of the pendency of an action in eminent domain filed by the state pursuant to NRS 37.060.

[3.] 5. A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder shall charge the regular fee.

[4.] 6. For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

[5.] 7. Except as otherwise provided in subsection 2 or 3 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

Sec. 2. NRS 247.310 is hereby amended to read as follows:

247.310 1. Except as otherwise provided by law, county recorders shall charge the following fees for recording affidavits of proof of labor on mining claims and for recording, pursuant to subsection 3 of NRS 517.230, affidavits of intent to hold mining claims:

For recording any such affidavits that embrace therein one claim... [$1] $2

For each additional mining claim embraced in the affidavit........... [1] 2

2. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

Sec. 3. NRS 248.275 is hereby amended to read as follows:

248.275 1. The sheriff of each county in this state may charge and

collect the following fees:

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant........................... [$15] $17

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile................ [1] 2

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.

For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking................ [4] 5

For a copy of any writ, process or other paper, when demanded or required by law, for each page...................... [2] 3

For serving every rule or order.......... 15

For serving one notice required by law before the commencement of a proceeding for any type of eviction [15] 26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice............... [12] 20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice............... [10] 17

For serving 25 or more such notices to the same location, each notice... [9] 15

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only................. [1] 2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For serving a subpoena, for each witness summoned........................ 15

For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile.............................. [1] 2

When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of

personal property, together with traveling fees, as in cases of summons 15

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper..................................... 15

For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which must be collected from the party receiving the certificate............................. [3] 5

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof.... [12] 20

For serving a writ of possession or restitution, putting any person into possession entitled thereto...... [15] 21

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile [1] 2

For mailing a notice of a writ of execution................................... [1] 2

The sheriff may charge and collect [$1] $2 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $20.

2. The sheriff may also charge and collect:

(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

(b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.

(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

(d) For all services in justices’ courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.

3. The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.

4. In service of a subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.

5. The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.

6. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid

into the county treasury of his county on or before the fifth working day of the month next succeeding the month in which the fees are collected.

Sec. 4. NRS 258.125 is hereby amended to read as follows:

258.125 1. Constables are entitled to the following fees for their services:

For serving a summons or other process by which a suit is commenced in civil cases.... [$10] $17

For summoning a jury before a justice of the peace............................... [5] 7

For taking a bond or undertaking... [3] 5

For serving an attachment against the property of a defendant.............. [5] 9

For serving subpoenas, for each witness [8] 15

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio....... [2] 3

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof......... [12] 20

For each certificate of sale of real property under execution............ [3] 5

For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons..... [8] 9

For serving one notice required by law before the commencement of a proceeding for any type of eviction [15] 26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice............... [12] 20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice............... [10] 17

For serving 25 or more such notices to the same location, each notice... [9] 15

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only................. [1] 2

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution. [15] 21

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper.......... [5] 9

For each warrant lawfully executed. [35] 48

For mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only. [1] 2

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only.................................. [1] 2

But mileage may not exceed $20 for any unsuccessful effort to serve such process.

2. A constable is also entitled to receive:

(a) For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.

(b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, one-half of 1 percent.

(c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

3. Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the 5th working day of the month next succeeding the month in which the fees were collected.

4. Constables shall, on or before the 5th working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

Sec. 5. NRS 259.200 is hereby amended to read as follows:

259.200 1. A justice of the peace is entitled, for each day necessarily employed in holding an inquest, to a fee of [$19.] $23.

2. This fee must be paid out of the county treasury as other demands against the county are paid.

Sec. 6. (Deleted by amendment.)

Sec. 6.5. NRS 4.060 is hereby amended to read as follows:

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

the peace shall charge and collect the following fees:

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

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

be paid by the party commencing the action:

If the sum claimed does not exceed $1,000................................ $28.00

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

$2,500................................... 50.00

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

$4,500.................................. 100.00

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

$6,500.................................. 125.00

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

$7,500.................................. 150.00

In all other civil actions............ 28.00

(b) For the preparation and filing of an affidavit and order in an action

commenced pursuant to chapter 73 of NRS:

If the sum claimed does not exceed $1,000.................................. 25.00

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

$2,500.................................... 45.00

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

$5,000................................... 65.00

answering jointly, to be paid him or them on filing the first paper in the

action, or at the time of appearance:

In all civil actions..................... 12.00

For every additional defendant, appearing separately............... 6.00

(d) No fee may be charged where a defendant or defendants appear in

response to an affidavit and order issued pursuant to the provisions of

chapter 73 of NRS.

.. (e) For the filing of any paper in intervention.............................................................. 6.00

(f) For the issuance of any writ of attachment, writ of garnishment, writ

of execution or any other writ designed to enforce any judgment of the

court........................................................ 6.00

(g) For filing a notice of appeal, and appeal bonds................................. 12.00

One charge only may be made if both papers are filed at the same time.

(h) For issuing supersedeas to a writ designed to enforce a

judgment or order of the court...... 12.00

(i) For preparation and transmittal of transcript and papers on

appeal.......................................... 12.00

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

the county recorder........ [35.00] $50.00

(k) For entering judgment by confession...................................... 6.00

(l) For preparing any copy of any record, proceeding or paper,

for each page................................... .30

(m) For each certificate of the clerk, under the seal of the court................ 3.00

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

(o) For filing and acting upon each bail or property bond .......................... 40.00

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

forth in subsection 1 for any service rendered by him to the county in

which his township is located.

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

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

commissioner township.

4. Except as otherwise provided by an ordinance adopted pursuant to

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

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

fees collected during the preceding month, except for the fees he may

retain as compensation and the fees he is required to pay to the state

treasurer pursuant to subsection 5.

5. The justice of the peace shall, on or before the fifth day of each

month, pay to the state treasurer [half] :

(a) An amount equal to $5 of each fee collected pursuant to

paragraph (j) of subsection 1 during the preceding month. The state

treasurer shall deposit the money in the account for aid for victims of

domestic violence in the state general fund.

(b) Half of the fees collected pursuant to paragraph (o) of subsection 1

during the preceding month. The state treasurer shall deposit the money in

the fund for the compensation of victims of crime.

Sec. 7. NRS 17.110 is hereby amended to read as follows:

17.110 The statement must be filed with the clerk of the court in which

the judgment is to be entered. The clerk shall endorse upon it and enter in

the judgment book a judgment of the court for the amount confessed, with

[$24] $28 costs. The judgment and affidavit, with the judgment endorsed,

thereupon become the judgment roll.

Sec. 8. NRS 19.013 is hereby amended to read as follows:

19.013 1. Except as otherwise provided by specific statute, each

county clerk shall charge and collect the following fees:

On the commencement of any action or proceeding in the

district court, or on the transfer of any action or proceeding

from a district court of another county, except probate or

guardianship proceedings, to be paid by the party commencing

the action, proceeding or transfer... $56

On an appeal to the district court of any case from a justice’s

court or a municipal court, or on the transfer of any case from a

justice’s court or a municipal court.. 42

On the filing of a petition for letters testamentary, letters of

administration, setting aside an estate without administration, or

a guardianship, which fee includes the court fee prescribed by

NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than $2,500.................. 72

Where the stated value of the estate is $2,500 or less, no

fee may be charged or collected.

On the filing of a petition to contest any will or codicil, to be

paid by the petitioner....................... 44

On the filing of an objection or cross-petition to the appointment

of an executor, administrator or guardian, or an objection to the

settlement of account or any answer in an estate or

guardianship matter......................... 44

On the appearance of any defendant or any number of

defendants answering jointly, to be paid upon the filing of the

first paper in the action by him or them 44

For filing a notice of appeal.............. 24

For issuing a transcript of judgment and certifying thereto.............................. 3

For preparing any copy of any record, proceeding or paper, for

each page......................................... 1

For each certificate of the clerk, under the seal of the court......................... 3

For examining and certifying to a copy of any paper, record or

proceeding prepared by another and presented for his certificate.............. 5

For filing all papers not otherwise provided for, other than

papers filed in actions and proceedings in court and papers filed

by public officers in their official capacity........................................ 15

For issuing any certificate under seal, not otherwise provided for............... 6

For searching records or files in his office, for each year......................... 1

For filing and recording a bond of a notary public, per name.................. 15

For entering the name of a firm or corporation in the register of

the county clerk........................ [15] 20

2. Except as otherwise provided by specific statute, all fees prescribed

in this section are payable in advance if demanded by the county clerk.

3. The fees set forth in subsection 1 are payment in full for all services

rendered by the county clerk in the case for which the fees are paid,

including the preparation of the judgment roll, but the fees do not include

payment for typing, copying, certifying or exemplifying or authenticating

copies.

4. No fee may be charged any attorney at law admitted to practice in

this state for searching records or files in the office of the clerk. No fee

may be charged for any services rendered to a defendant or his attorney in

any criminal case or in habeas corpus proceedings.

5. Each county clerk shall, on or before the fifth day of each month,

account for and pay to the county treasurer all fees collected during the

preceding month.

Sec. 9. NRS 122.060 is hereby amended to read as follows:

122.060 1. The clerk is entitled to receive as his fee for issuing the

license the sum of [$13.] $21.

2. The clerk shall also at the time of issuing the license collect the sum

of [$3] $10 and pay it over to the county recorder as his fee for recording

the originally signed copy of the certificate of marriage described in NRS

122.120.

3. The clerk shall also at the time of issuing the license collect the

additional sum of $4 for the State of Nevada. The fees collected for the

state must be paid over to the county treasurer by the county clerk on or

before the 5th day of each month for the preceding calendar month, and

must be placed to the credit of the state general fund. The county treasurer

shall remit quarterly all such fees deposited by the clerk to the state

treasurer for credit to the state general fund.

4. The clerk shall also at the time of issuing the license collect the

additional sum of $15 for the account for aid for victims of domestic

violence in the state general fund. The fees collected for this purpose must

be paid over to the county treasurer by the county clerk on or before the

5th day of each month for the preceding calendar month, and must be

placed to the credit of that account. The county treasurer shall, on or

before the 15th day of each month, remit those fees deposited by the clerk

to the state treasurer for credit to that account.

Sec. 9.3. NRS 122.060 is hereby amended to read as follows:

122.060 1. The clerk is entitled to receive as his fee for issuing the

license the sum of $21.

2. The clerk shall also at the time of issuing the license collect the sum

of $10 and pay it over to the county recorder as his fee for recording the

originally signed copy of the certificate of marriage described in NRS

122.120.

3. The clerk shall also at the time of issuing the license collect the

additional sum of $4 for the State of Nevada. The fees collected for the

state must be paid over to the county treasurer by the county clerk on or

before the 5th day of each month for the preceding calendar month, and

must be placed to the credit of the state general fund. The county treasurer

shall remit quarterly all such fees deposited by the clerk to the state

treasurer for credit to the state general fund.

4. The clerk shall also at the time of issuing the license collect the

additional sum of [$15] $20 for the account for aid for victims of domestic

violence in the state general fund. The fees collected for this purpose must

be paid over to the county treasurer by the county clerk on or before the

5th day of each month for the preceding calendar month, and must be

placed to the credit of that account. The county treasurer shall, on or

before the 15th day of each month, remit those fees deposited by the clerk

to the state treasurer for credit to that account.

Sec. 9.7. NRS 122.181 is hereby amended to read as follows:

122.181 1. The commissioner of civil marriages or his deputy

commissioner of civil marriages is entitled to receive as his fee for

solemnizing a marriage [$35. All fees received for solemnizing marriages

by the commissioner or his deputy] $45. The fee must be deposited in the

county general fund.

2. The commissioner of civil marriages or his deputy commissioner

of civil marriages shall also at the time of solemnizing a marriage collect

the additional sum of $5 for the account for aid for victims of domestic

violence in the state general fund. The fees collected for this purpose

must be paid over to the county treasurer by the county clerk on or

before the fifth day of each month for the preceding calendar month,

and must be credited to that account. The county treasurer shall, on or

before the 15th day of each month, remit those fees deposited by the

clerk to the state treasurer for credit to that account.

Sec. 10. NRS 278.450 is hereby amended to read as follows:

278.450 [The] For the recordation of any final map, the county

recorder shall collect a fee of [$35, plus 35 cents per lot or unit mapped,

for the recordation of any final map.] $50 for the first sheet of the map

and $10 for each additional sheet. The fee must be deposited in the

general fund of the county where it is collected.

Sec. 11. NRS 278.468 is hereby amended to read as follows:

278.468 1. If a parcel map is approved or deemed approved pursuant

to NRS 278.464, the preparer of the map shall:

(a) Cause the approved map to be recorded in the office of the county

recorder within 1 year after the date the map was approved or deemed

approved, unless the governing body establishes by ordinance a longer

period, not to exceed 2 years, for recording the map. The map must be

accompanied by a written statement signed by the treasurer of the county

in which the land to be divided is located indicating that all property taxes

on the land for the fiscal year have been paid.

(b) Pay a [$17] fee of $17 for the first sheet of the map plus $10 for

each additional sheet to the county recorder for filing and indexing.

2. Upon receipt of a parcel map, the county recorder shall file the map

in a suitable place. He shall keep proper indexes of parcel maps by the

name of grant, tract, subdivision or United States subdivision.

3. A county recorder who records a parcel map pursuant to this section

shall, within 7 working days after he records the parcel map, provide to the

county assessor at no charge:

(a) A duplicate copy of the parcel map and any supporting documents;

(b) Access to the digital parcel map and any digital supporting

documents.

Sec. 12. NRS 278.4725 is hereby amended to read as follows:

278.4725 1. Except as otherwise provided in this section, if the

governing body has authorized the planning commission to take final

action on a final map, the planning commission shall approve,

conditionally approve or disapprove the final map, basing its action upon

the requirements of NRS 278.472:

(a) In a county whose population is 40,000 or more, within 45 days; or

(b) In a county whose population is less than 40,000, within 60

days,

after accepting the final map as a complete application. The planning

commission shall file its written decision with the governing body. Except

as otherwise provided in subsection 5, or unless the time is extended by

mutual agreement, if the planning commission is authorized to take final

action and it fails to take action within the period specified in this

subsection, the final map shall be deemed approved unconditionally.

2. If there is no planning commission or if the governing body has not

authorized the planning commission to take final action, the governing

body or its authorized representative shall approve, conditionally approve

or disapprove the final map, basing its action upon the requirements of

NRS 278.472:

(a) In a county whose population is 40,000 or more, within 45 days; or

(b) In a county whose population is less than 40,000, within 60

days,

after the final map is accepted as a complete application. Except as

otherwise provided in subsection 5 or unless the time is extended by

mutual agreement, if the governing body or its authorized representative

fails to take action within the period specified in this subsection, the final

map shall be deemed approved unconditionally.

3. An applicant or other person aggrieved by a decision of the

authorized representative of the governing body or by a final act of the

planning commission may appeal to the governing body within a

reasonable period to be determined, by ordinance, by the governing body.

The governing body shall render its decision:

(a) In a county whose population is 40,000 or more, within 45 days; or

(b) In a county whose population is less than 40,000, within 60

days,

after the date on which the appeal is filed.

4. If the map is disapproved, the governing body or its authorized

representative or the planning commission shall return the map to the

person who proposes to divide the land, with the reason for its action and a

statement of the changes necessary to render the map acceptable.

5. If the final map divides the land into 16 lots or more, the governing

body or its authorized representative or the planning commission shall not

approve a map, and a map shall not be deemed approved, unless:

(a) Each lot contains an access road that is suitable for use by

emergency vehicles; and

(b) The corners of each lot are set by a professional land surveyor.

6. If the final map divides the land into 15 lots or less, the governing

body or its authorized representative or the planning commission may, if

reasonably necessary, require the map to comply with the provisions of

subsection 5.

7. Upon approval, the map must be filed with the county recorder.

Filing with the county recorder operates as a continuing:

(a) Offer to dedicate for public roads the areas shown as proposed roads

or easements of access, which the governing body may accept in whole or

in part at any time or from time to time.

(b) Offer to grant the easements shown for public utilities, which any

public utility may similarly accept without excluding any other public

utility whose presence is physically compatible.

8. The map filed with the county recorder must include:

(a) A certificate signed and acknowledged by each owner of land to be

divided consenting to the preparation of the map, the dedication of the

roads and the granting of the easements.

(b) A certificate signed by the clerk of the governing body or authorized

representative of the governing body or the secretary to the planning

commission that the map was approved, or the affidavit of the person

presenting the map for filing that the time limited by subsection 1 or 2 for

action by the governing body or its authorized representative or the

planning commission has expired and that the requirements of subsection

5 have been met. A certificate signed pursuant to this paragraph must also

indicate, if applicable, that the governing body or planning commission

determined that a public street, easement or utility easement which will

not remain in effect after a merger and resubdivision of parcels conducted

pursuant to NRS 278.4925, has been vacated or abandoned in accordance

with NRS 278.480.

the land to be divided is located indicating that all property taxes on the

land for the fiscal year have been paid.

9. A governing body may by local ordinance require a final map to

include:

(a) A report from a title company which lists the names of:

(1) Each owner of record of the land to be divided; and

(2) Each holder of record of a security interest in the land to be

divided, if the security interest was created by a mortgage or a deed of

trust.

(b) The signature of each owner of record of the land to be divided.

listed pursuant to subparagraph (2) of paragraph (a), to the preparation and

recordation of the final map. A holder of record may consent by signing:

(1) The final map; or

(2) A separate document that is filed with the final map and declares

his consent to the division of land.

10. After a map has been filed with the county recorder, any lot shown

thereon may be conveyed by reference to the map, without further

description.

11. The county recorder shall charge and collect for recording the map

a fee set by the board of county commissioners of not more than [$35 per

page set by the board of county commissioners.] $50 for the first sheet of

the map plus $10 for each additional sheet.

12. A county recorder who records a final map pursuant to this section

shall, within 7 working days after he records the final map, provide to the

county assessor at no charge:

(a) A duplicate copy of the final map and any supporting documents; or

(b) Access to the digital final map and any digital supporting

documents.

Sec. 13. NRS 278A.570 is hereby amended to read as follows:

278A.570 1. A plan which has been given final approval by the city

or county, must be certified without delay by the city or county and filed

of record in the office of the appropriate county recorder before any

development occurs in accordance with that plan. A county recorder shall

not file for record any final plan unless it includes:

(a) A final map of the entire final plan or an identifiable phase of the

final plan if required by the provisions of NRS 278.010 to 278.630,

inclusive;

(b) The certifications required pursuant to NRS 116.2109; and

278.377 or evidence that:

(1) The approvals were requested more than 30 days before the date

on which the request for filing is made; and

(2) The agency has not refused its approval.

2. Except as otherwise provided in this subsection, after the plan is

recorded, the zoning and subdivision regulations otherwise applicable to

the land included in the plan cease to apply. If the development is

completed in identifiable phases, then each phase can be recorded. The

zoning and subdivision regulations cease to apply after the recordation of

each phase to the extent necessary to allow development of that phase.

3. Pending completion of the planned unit development, or of the part

that has been finally approved, no modification of the provisions of the

plan, or any part finally approved, may be made, nor may it be impaired

by any act of the city or county except with the consent of the landowner.

4. [The] For the recording or filing of any final map, plat or plan,

the county recorder shall collect a fee of $50[, plus 50 cents per lot or unit

mapped,] for the [recording or filing of any final map, plat or plan .] first

sheet of the map, plat or plan plus $10 for each additional sheet. The fee

must be deposited in the general fund of the county where it is collected.

Sec. 14. NRS 403.190 is hereby amended to read as follows:

403.190 1. Except as otherwise provided in subsection 3, upon

laying out and designating the county roads as required in NRS 403.170,

the board of county highway commissioners shall cause a map of the

county to be made, showing the county roads and their designations. The

board shall file one copy of the map with the clerk of the board of county

highway commissioners, one copy with the department of transportation,

one copy with the county clerk and one copy with the county recorder.

2. When any road has been designated by the board of county highway

commissioners as a standard county road, as provided in NRS 403.180,

that

designation must be made on the copies of the map on file with the clerk of

the board of county highway commissioners, the county clerk, the

department of transportation and the county recorder.

3. The board of county highway commissioners need not include a

minor county road upon the map required by subsection 1. Any person

who uses a minor county road may file with the county recorder a map

showing the location of the road, appropriately emphasized in black ink

upon the map by the person filing it. The map must:

(a) Be a topographical map prepared by the United States Geological

Survey, unless the board of county highway commissioners determines

that other specific maps are acceptable.

(b) Have written on its face, in black ink, the townships, ranges and

sections through which the road traverses.

The map so filed is evidence of the existence and location of the road. Each

person filing such a map shall pay to the county recorder a fee of $17 for

the first sheet of the map plus $10[.] for each additional sheet.

Sec. 14.5. Chapter 423 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. The account to assist persons formerly in foster care is hereby

established in the department of human resources’ gift fund.

2. The account must be administered by the administrator.

3. The money in the account must be used to assist persons who

attained the age of 18 years while children in foster care in this state to

make the transition from foster care to economic self-sufficiency, and

may, consistent with that purpose, be:

(a) Disbursed on behalf of such persons, on the basis of need, to

obtain goods and services, including, without limitation:

(1) Job training;

(2) Housing assistance; and

(3) Medical insurance;

(b) Granted to nonprofit community organizations; or

any federal grant.

4. A request for the disbursement of money from the account

pursuant to paragraph (a) of subsection 3 must be made to the division

in writing. The request must include information to demonstrate that all

other resources for money to pay for the goods and services have been

exhausted.

5. The division shall adopt such regulations as necessary for the

administration of this section.

6. Money in the account at the end of any fiscal year remains in the

account and does not revert to any other fund.

Sec. 15. NRS 625.370 is hereby amended to read as follows:

625.370 1. The charge for filing and indexing any record of survey is

$17[.] for the first page plus $10 for each additional page.

2. The record of survey must be suitably filed by the county recorder

and he shall keep proper indexes of such survey records by name of tract,

subdivision or United States land subdivision.

3. A county recorder who records a record of survey pursuant to this

section shall, within 7 working days after he records the record of survey,

provide to the county assessor at no charge:

(a) A duplicate copy of the record of survey and any supporting

documents; or

(b) Access to the digital record of survey and any digital supporting

documents.

Sec. 16. 1. This section and sections 9 and 9.7 of this act become

effective on July 1, 2001.

2. Sections 1 to 8, inclusive, and 10 to 15, inclusive, of this act become

effective on October 1, 2001.

3. Section 9 of this act expires by limitation on December 31, 2002.

4. Section 9.3 of this act becomes effective on January 1, 2003.

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