Assembly Bill No. 422–Assemblymen Claborn and Collins

March 8, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to certain law enforcement agencies. (BDR 20-1294)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to law enforcement agencies; authorizing a sheriff to collect fees for providing law enforcement services to certain cities; requiring a city council to create a police department in certain circumstances; revising the duties of the chief of police; 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 248.275 is hereby amended to read as follows:

1-2 248.275 1. The sheriff of each county in this state may charge and

1-3 collect the following fees:

1-4 For serving a summons or complaint, or any other process, by

1-5 which an action or proceeding is commenced, except as a

1-6 writ of habeas corpus, on every defendant $15

1-7 For traveling and making such service, per mile in going

1-8 only, to be computed in all cases the distance actually

1-9 traveled, for each mile 1

1-10 If any two or more papers are required to be served in the

1-11 same suit at the same time, where parties live in the same

1-12 direction, one mileage only may be charged.

1-13 For taking a bond or undertaking in any case in which he is

1-14 authorized to take a bond or undertaking 4

1-15 For a copy of any writ, process or other paper, when

1-16 demanded or required by law, for each page 2

1-17 For serving every rule or order 15

2-1 For serving one notice required by law before the

2-2 commencement of a proceeding for any type of eviction $15

2-3 For serving not fewer than 2 nor more than 10 such notices to

2-4 the same location, each notice 12

2-5 For serving not fewer than 11 nor more than 24 such notices

2-6 to the same location, each notice 10

2-7 For serving 25 or more such notices to the same location,

2-8 each notice 9

2-9 For mileage in serving such a notice, for each mile

2-10 necessarily and actually traveled in going only 1

2-11 But if two or more notices are served at the same general

2-12 location during the same period, mileage may only be

2-13 charged for the service of one notice.

2-14 For serving a subpoena, for each witness summoned 15

2-15 For traveling, per mile in serving subpoenas, or a venire, in

2-16 going only, for each mile 1

2-17 When two or more witnesses or jurors live in the same

2-18 direction, traveling fees must be charged only for the

2-19 most distant.

2-20 For serving an attachment on property, or levying an

2-21 execution, or executing an order of arrest or order for the

2-22 delivery of personal property, together with traveling fees,

2-23 as in cases of summons 15

2-24 For making and posting notices and advertising for sale, on

2-25 execution or any judgment or order of sale, not to include

2-26 the cost of publication in a newspaper 15

2-27 For issuing each certificate of sale of property on execution or

2-28 order of sale, and for filing a duplicate thereof with the

2-29 county recorder, which must be collected from the party

2-30 receiving the certificate 3

2-31 For drawing and executing every sheriff’s deed, to be paid by

2-32 the grantee, who shall in addition pay for the

2-33 acknowledgment thereof 12

2-34 For serving a writ of possession or restitution, putting any

2-35 person into possession entitled thereto 15

2-36 For traveling in the service of any process, not otherwise

2-37 provided in this section, for each mile necessarily traveled,

2-38 for going only, for each mile 1

2-39 For mailing a notice of a writ of execution 1

2-40 The sheriff may charge and collect $1 per mile traveled, for going only, on

2-41 all papers not served, where reasonable effort has been made to effect

2-42 service, but not to exceed $20.

3-1 2. The sheriff may also charge and collect:

3-2 (a) For commissions for receiving and paying over money on execution

3-3 or process, where lands or personal property have been levied on,

3-4 advertised or sold, on the first $500, 4 percent; on any sum in excess of

3-5 $500, and not exceeding $1,000, 2 percent; on all sums above that amount,

3-6 1 percent.

3-7 (b) For commissions for receiving and paying over money on

3-8 executions without levy, or where the lands or goods levied on are not

3-9 sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-

3-10 half of 1 percent.

3-11 (c) For service of any process in a criminal case, or of a writ of habeas

3-12 corpus, the same mileage as in civil cases, to be allowed, audited and paid

3-13 as are other claims against the county.

3-14 (d) For all services in justices’ courts, the same fees as are allowed in

3-15 subsection 1 and paragraphs (a), (b) and (c) of this subsection.

3-16 3. The sheriff is also entitled to further compensation for his trouble

3-17 and expense in taking possession of property under attachment, execution

3-18 or other process and of preserving the property, as the court from which

3-19 the writ or order may issue certifies to be just and reasonable.

3-20 4. In service of a subpoena or a venire in criminal cases, the sheriff is

3-21 entitled to receive mileage for the most distant only, where witnesses and

3-22 jurors live in the same direction.

3-23 5. The fees allowed for the levy of an execution, for advertising and

3-24 for making and collecting money on an execution or order of sale, must be

3-25 collected from the defendants, by virtue of the execution or order of sale,

3-26 in the same manner as the execution is directed to be made.

3-27 6. The sheriff may charge and collect a reasonable fee for providing

3-28 law enforcement services to a city that is not participating in a

3-29 metropolitan police department.

3-30 7. Except as otherwise provided by an ordinance adopted pursuant to

3-31 the provisions of NRS 244.207, all fees collected by a sheriff must be paid

3-32 into the county treasury of his county on or before the fifth working day of

3-33 the month next succeeding the month in which the fees are collected.

3-34 Sec. 2. NRS 266.530 is hereby amended to read as follows:

3-35 266.530 1. [There shall] The city council of a city that is not

3-36 participating in a metropolitan police department shall establish and

3-37 maintain a city police department unless the city council has entered into

3-38 an interlocal or cooperative agreement for the provision of law

3-39 enforcement services.

3-40 2. Except as otherwise provided in subsection 1, there must be a chief

3-41 of police in each city which is not participating in a metropolitan police

3-42 department. He [shall] must be appointed by the mayor, subject to

3-43 confirmation by the council.

4-1 [2.] 3. The chief of police shall [perform such] :

4-2 (a) Except as otherwise provided in NRS 266.190, oversee and

4-3 command the city police department;

4-4 (b) Subject to the approval of the city council, appoint and supervise

4-5 such police officers as he determines necessary to carry out his duties;

4-6 and

4-7 (c) Perform such other duties as may be designated by ordinance.

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