Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB106 (§§ 2, 3).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1, renumbering sec. 2 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. NRS 18.005 is hereby amended to read as follows:
18.005 For the purposes of NRS 18.010 to 18.150, inclusive, the term “costs” means:
1. Clerks’ fees.
2. Reporters’ fees for depositions, including a reporter’s fee for one copy of each deposition.
3. Jurors’ fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.
4. Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.
5. Reasonable fees of not more than five expert witnesses in an amount of not more than $1,500 for each witness, unless the court allows a larger fee after determining that the circumstances surrounding the expert’s testimony were of such necessity as to require the larger fee.
6. Reasonable fees of necessary interpreters.
7. The fee of any sheriff or licensed process server for the delivery or service of any summons or subpoena used in the action, unless the court determines that the service was not necessary.
8. The fees of the official reporter or reporter pro tempore.
9. Reasonable costs for any bond or undertaking required as part of the action.
10. Fees of a court bailiff who was required to work overtime.
11. Reasonable costs for telecopies.
12. Reasonable costs for photocopies.
13. Reasonable costs for long distance telephone calls.
14. Reasonable costs for postage.
15. Reasonable costs for travel and lodging incurred taking depositions and conducting discovery.
16. Fees charged pursuant to section 2 of this act.
17. Any other reasonable and necessary expense incurred in connection with the action, including reasonable and necessary expenses for computerized services for legal research.
Sec. 2. Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 19.034, on the commencement of any civil action in the district court for which a filing fee is required, the clerk of court shall collect, in addition to any other fee required by law, the following fees in any action that involves more than one plaintiff and one defendant:
(a) A fee of $30 for each additional plaintiff named in a complaint when the complaint is filed.
(b) A fee of $30 for each additional defendant named in an answer when the answer is filed, or a fee of $30 for each additional party appearing in the action when the additional party appears in the action.
(c) If a complaint is amended to name an additional plaintiff or defendant, a fee of $30 for each additional plaintiff or defendant named when the complaint is amended.
2. On or before the first Monday of each month, the clerk of court shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each fee received:
(a) Eight dollars for credit to a special account in the county general fund for the use of the district court for advanced and improved technological purposes. The special account is restricted to the use specified, the money in the special account must not be used to supplant existing budgets for maintenance and support of technology, and the balance in the special account must be carried forward at the end of each fiscal year.
(b) Seven dollars for credit to a special account in the county general fund 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 treasurer shall remit quarterly to the organization operating the program for legal services all the money received by him from the clerk of court. The organization operating the program for legal services shall use any money received pursuant to this paragraph as follows:
(1) Five dollars for the benefit of indigent persons in the county; and
(2) Two dollars for the benefit of elderly persons in the county.
(c) Ten dollars to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator for use in support and maintenance of case management systems approved by the Office of Court Administrator, for statewide technological purposes and for distribution to the courts for technological purposes. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year.
(d) Five dollars to the State Controller for credit to a special account in the State General Fund. The State Controller shall distribute the money received to the Office of Court Administrator for the payment for the services of retired justices and retired district judges. The special account is restricted to the use specified, and the balance in the special account must be carried forward at the end of each fiscal year.
3. As used in this section:
(a) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.
(b) “Technological purposes” means the acquisition or improvement of technology, including, without limitation, 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.
Sec. 3. NRS 2.250 is hereby amended to read as follows:
2.250 1. The Clerk of the Supreme Court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:
(a) Except as otherwise provided in paragraph [(c),] (d), whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court the sum of $200.
(b) Except as otherwise provided in paragraph [(c),] (d), a party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court the sum of $100.
(c) Except as otherwise provided in paragraph (d), in addition to the fees required pursuant to paragraphs (a) and (b):
(1) Whenever an appeal is taken to the Supreme Court, or whenever a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise is brought in or to the Supreme Court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the appeal, cross-appeal or petition for a special proceeding has been entered on the docket, pay to the Clerk of the Supreme Court a court automation fee of $50.
(2) A party to an appeal or special proceeding who petitions the Supreme Court for a rehearing shall, at the time of filing such a petition, pay to the Clerk of the Supreme Court a court automation fee of $50.
FLUSH
The Clerk of the
Supreme Court shall remit the fees collected pursuant to this paragraph to the
State Controller for credit to a special account in the State General Fund. The
State Controller shall distribute the money received to the Office of Court
Administrator to be used for advanced and improved technological purposes in
the Supreme Court. The special account is restricted to the use specified, and
the balance in the special account must be carried forward at the end of each
fiscal year. As used in this paragraph, “technological purposes” means the
acquisition or improvement of technology, including, without limitation,
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.
(d) No fees may be charged by the Clerk in:
(1) Any action brought in or to the Supreme Court wherein the State of Nevada or any county, city or town thereof, or any officer or commission thereof is a party in his or its official or representative capacity, against the State of Nevada, county, city, town, officer or commission;
(2) A habeas corpus proceeding of a criminal or quasi-criminal nature; or
(3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.
[(d)] (e) A fee of $60 for Supreme Court decisions in pamphlet form for each year, or a fee of $30 for less than a 6 months’ supply of decisions, to be collected from each person who requests such decisions, except those persons and agencies set forth in NRS 2.345. The Clerk may charge a reasonable fee to all parties, including, without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the Supreme Court compiled in an electronic format.
[(e)] (f) A fee from a person who requests a photostatic copy or a photocopy print of any paper or document in an amount determined by the justices of the Supreme Court.
2. The Clerk of the Supreme Court shall not charge any fee that is not authorized by law.
3. The Clerk of the Supreme Court shall keep a fee book in which the Clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection in the office of the Clerk.
4. The Clerk of the Supreme Court shall publish and post in some conspicuous place in his office a table of fees for public inspection. The Clerk shall forfeit a sum of not less than $20 for each day of his omission to do so, which sum with costs may be recovered by any person by filing an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid in advance, if demanded. If the Clerk of the Supreme Court has not received any or all of the fees which are due to him for services rendered in any suit or proceeding, the Clerk may have execution therefor in his own name against the party from whom they are due, to be issued from the Supreme Court upon order of a justice thereof or from the Court upon affidavit filed.
6. The Clerk of the Supreme Court shall give a receipt on demand of the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
7. The Clerk of the Supreme Court shall, when depositing with the State Treasurer money received for Court fees, render to the State Treasurer a brief note of the cases in which the money was received.”.
Amend the title of the bill to read as follows:
“AN ACT relating to courts; providing for the imposition of certain additional fees in civil actions; providing that such additional fees constitute costs for the purposes of certain provisions; providing for the imposition of a court automation fee for appeals and other proceedings filed in the Supreme Court; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: