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
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: 248.275 1. The sheriff of each county in this state may charge and1-3
collect the following fees:1-4
For serving a summons or complaint, or any other process, by1-5
which an action or proceeding is commenced, except as a1-6
writ of habeas corpus, on every defendant $151-7
For traveling and making such service, per mile in going1-8
only, to be computed in all cases the distance actually1-9
traveled, for each mile 11-10
If any two or more papers are required to be served in the1-11
same suit at the same time, where parties live in the same1-12
direction, one mileage only may be charged.1-13
For taking a bond or undertaking in any case in which he is1-14
authorized to take a bond or undertaking 41-15
For a copy of any writ, process or other paper, when1-16
demanded or required by law, for each page 21-17
For serving every rule or order 152-1
For serving one notice required by law before the2-2
commencement of a proceeding for any type of eviction $152-3
For serving not fewer than 2 nor more than 10 such notices to2-4
the same location, each notice 122-5
For serving not fewer than 11 nor more than 24 such notices2-6
to the same location, each notice 102-7
For serving 25 or more such notices to the same location,2-8
each notice 92-9
For mileage in serving such a notice, for each mile2-10
necessarily and actually traveled in going only 12-11
But if two or more notices are served at the same general2-12
location during the same period, mileage may only be2-13
charged for the service of one notice.2-14
For serving a subpoena, for each witness summoned 152-15
For traveling, per mile in serving subpoenas, or a venire, in2-16
going only, for each mile 12-17
When two or more witnesses or jurors live in the same2-18
direction, traveling fees must be charged only for the2-19
most distant.2-20
For serving an attachment on property, or levying an2-21
execution, or executing an order of arrest or order for the2-22
delivery of personal property, together with traveling fees,2-23
as in cases of summons 152-24
For making and posting notices and advertising for sale, on2-25
execution or any judgment or order of sale, not to include2-26
the cost of publication in a newspaper 152-27
For issuing each certificate of sale of property on execution or2-28
order of sale, and for filing a duplicate thereof with the2-29
county recorder, which must be collected from the party2-30
receiving the certificate 32-31
For drawing and executing every sheriff’s deed, to be paid by2-32
the grantee, who shall in addition pay for the2-33
acknowledgment thereof 122-34
For serving a writ of possession or restitution, putting any2-35
person into possession entitled thereto 152-36
For traveling in the service of any process, not otherwise2-37
provided in this section, for each mile necessarily traveled,2-38
for going only, for each mile 12-39
For mailing a notice of a writ of execution 12-40
The sheriff may charge and collect $1 per mile traveled, for going only, on2-41
all papers not served, where reasonable effort has been made to effect2-42
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 execution3-3
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 of3-5
$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 on3-8
executions without levy, or where the lands or goods levied on are not3-9
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 habeas3-12
corpus, the same mileage as in civil cases, to be allowed, audited and paid3-13
as are other claims against the county.3-14
(d) For all services in justices’ courts, the same fees as are allowed in3-15
subsection 1 and paragraphs (a), (b) and (c) of this subsection.3-16
3. The sheriff is also entitled to further compensation for his trouble3-17
and expense in taking possession of property under attachment, execution3-18
or other process and of preserving the property, as the court from which3-19
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 is3-21
entitled to receive mileage for the most distant only, where witnesses and3-22
jurors live in the same direction.3-23
5. The fees allowed for the levy of an execution, for advertising and3-24
for making and collecting money on an execution or order of sale, must be3-25
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 providing3-28
law enforcement services to a city that is not participating in a3-29
metropolitan police department.3-30
7. Except as otherwise provided by an ordinance adopted pursuant to3-31
the provisions of NRS 244.207, all fees collected by a sheriff must be paid3-32
into the county treasury of his county on or before the fifth working day of3-33
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: 266.530 1.3-36
participating in a metropolitan police department shall establish and3-37
maintain a city police department unless the city council has entered into3-38
an interlocal or cooperative agreement for the provision of law3-39
enforcement services.3-40
2. Except as otherwise provided in subsection 1, there must be a chief3-41
of police in each city which is not participating in a metropolitan police3-42
department. He3-43
confirmation by the council.4-1
4-2
(a) Except as otherwise provided in NRS 266.190, oversee and4-3
command the city police department;4-4
(b) Subject to the approval of the city council, appoint and supervise4-5
such police officers as he determines necessary to carry out his duties;4-6
and4-7
(c) Perform such other duties as may be designated by ordinance.~