(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 15–Senator Schneider

 

Prefiled January 11, 2001

 

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Enacts provisions regarding payment of fees to arbitrators. (BDR 3‑34)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to civil actions; enacting provisions regarding the payment of fees to arbitrators; 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 38.255 is hereby amended to read as follows:

1-2    38.255  1.  The rules adopted by the supreme court pursuant to NRS

1-3  38.253 to provide guidelines for the establishment by a district court of a

1-4  program must include provisions for a:

1-5    (a) Mandatory program for the arbitration of civil actions pursuant to

1-6  NRS 38.250.

1-7    (b) Voluntary program for the arbitration of civil actions if the cause of

1-8  action arises in the State of Nevada and the amount in issue exceeds

1-9  $40,000.

1-10    (c) Voluntary program for the use of binding arbitration in all civil

1-11  actions.

1-12    2.  The rules must provide that the district court of any judicial district

1-13  whose population is 100,000 or more:

1-14    (a) Shall establish programs pursuant to paragraphs (a), (b) and (c) of

1-15  subsection 1.

1-16    (b) May set fees and charge parties for arbitration if the amount in issue

1-17  exceeds $40,000.

1-18  The rules may provide for similar programs for the other judicial districts.

1-19    3.  The rules must exclude the following from any program of

1-20  mandatory arbitration:

2-1    (a) Actions in which the amount in issue, excluding attorney’s fees,

2-2  interest and court costs, is more than $40,000 or less than the maximum

2-3  jurisdictional amounts specified in NRS 4.370 and 73.010;

2-4    (b) Class actions;

2-5    (c) Actions in equity;

2-6    (d) Actions concerning the title to real estate;

2-7    (e) Probate actions;

2-8    (f) Appeals from courts of limited jurisdiction;

2-9    (g) Actions for declaratory relief;

2-10    (h) Actions involving divorce or problems of domestic relations;

2-11    (i) Actions brought for relief based on any extraordinary writs;

2-12    (j) Actions for the judicial review of an administrative decision; and

2-13    (k) Actions in which the parties, pursuant to a written agreement

2-14  executed before the accrual of the cause of action, have submitted the

2-15  controversy to arbitration or any other alternative method for resolving a

2-16  dispute.

2-17    4.  The rules must include:

2-18    (a) Provisions for the payment of fees to an arbitrator who is

2-19  appointed to hear a case pursuant to the rules. The rules must provide

2-20  that an arbitrator must be compensated at a rate of $100 per hour, to a

2-21  maximum of one thousand dollars per case, unless otherwise authorized

2-22  by the arbitration commissioner for good cause shown.

2-23    (b) Guidelines for the award of attorney’s fees and maximum

2-24  limitations on the costs to the parties of the arbitration . [;

2-25    (b)] (c) Disincentives to appeal . [; and

2-26    (c)] (d) Provisions for trial upon the exercise by either party of his right

2-27  to a trial anew after the arbitration.

2-28    5.  The supreme court shall, on or before February 1 of each odd-

2-29  numbered year, submit a report to the director of the legislative counsel

2-30  bureau for transmittal to the chairmen of the assembly and senate standing

2-31  committees on the judiciary. The report must include, for the period since

2-32  the previous such report, if any:

2-33    (a) A listing of the number of actions which were submitted to

2-34  arbitration or other alternative methods of resolving disputes pursuant to

2-35  NRS 38.250 or 38.258 and their manner of disposition;

2-36    (b) A statement of the amount of money collected in each judicial

2-37  district pursuant to NRS 19.0315 and a summary of the manner in which

2-38  the fees were expended; and

2-39    (c) Any recommendations for legislation or other information regarding

2-40  the programs on arbitration deemed relevant by the supreme court.

2-41    Sec. 2.  The amendatory provisions of this act apply to an action that is

2-42  filed on or after the effective date of this act.

2-43    Sec. 3.  This act becomes effective upon passage and approval.

 

2-44  H