Amendment No. 38

Assembly Amendment to Assembly Bill No. 38 (BDR 1-363)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

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 renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section 1. NRS 1.050 is hereby amended to read as follows:

1.050 1. [The] Except as otherwise provided in NRS 3.100, the district court in and for Carson City shall sit at Carson City.

2. Except as provided in subsection 4 [,] or NRS 3.100, every other court of justice, except justice’s or municipal court, shall sit at the county seat of the county in which it is held.

3. Justices’ courts shall be held in their respective townships, precincts or cities, and municipal courts in their respective cities.

4. The parties to an action in a district court may stipulate, with the approval of the court, that the action may be tried, or any proceeding related to the action may be had, before that court at any other place in this state where a district court is regularly held.".

Amend the bill as a whole by renumbering sections 2 and 3 as sections 4 and 5 and adding a new section designated sec. 3, following section 1, to read as follows:

"Sec. 3. NRS 3.100 is hereby amended to read as follows:

3.100 1. Except as otherwise provided in this subsection, the district courts shall hold court at the county seat of their respective counties. The board of county commissioners may establish one or more additional locations within the county for the district court to hold court.

2. If a room for holding court [be] at the county seat is not provided by the county, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, the court may direct the sheriff to provide such room, attendants, fuel, lights and stationery, and the expenses thereof shall be a county charge.

[2. Offices shall]

3. An office at each county seat must be provided and furnished by and at the expense of the several counties for the several district judges. Whenever the county commissioners of any county [shall] neglect or refuse to provide and furnish such an office for the use of the district judge, [it shall be lawful for such district judge to] the district judge may make an order, which [order shall] must be entered upon the minutes of the court, requiring the sheriff to provide and furnish [such] the office. The necessary expenses incurred therein [shall become] are a legal and valid claim against the county.".

Amend sec. 2, page 1, by deleting lines 5 and 6 and inserting:

"district pursuant to section 2 of this act must be".

Amend sec. 2, page 1, line 8, by deleting "the successor" and inserting "this".

Amend the bill as a whole by deleting sec. 4 and adding a new section designated sec. 6, following sec. 3, to read as follows:

"Sec. 6. 1. This section and sections 1, 3, 4 and 5 of this act become effective on October 1, 1999.

2. Section 2 of this act becomes effective on January 1, 2001.".

Amend the title of the bill, second line, after "district;" by inserting:

"authorizing the board of county commissioners to establish one or more locations within the county for a district court to hold court in addition to the county seat;".

Amend the summary of the bill to read as follows:

"SUMMARY—Makes various changes concerning district courts. (BDR 1-363)".