Assembly Bill No. 108–Committee on Judiciary
(On Behalf of County Fiscal Officers
Association)
February 12, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes to provisions related
to county clerks. (BDR 1‑444)
FISCAL NOTE: Effect on Local Government: Yes.
~
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 county clerks; making various changes concerning the duties of county
clerks with respect to grand juries; making various other changes concerning
the duties of county clerks with respect to making certain reports; revising
the amount of certain fees that are paid and collected by county clerks;
providing a penalty; 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. Chapter 6 of NRS is hereby amended by adding
thereto a
1-2 new section to read as follows:
1-3 1. A committee of petitioners consisting of five registered voters
may
1-4 commence a
proceeding to summon a grand jury pursuant to this section
1-5 by filing with
the clerk of the district court an affidavit that contains the
1-6 following
information:
1-7 (a) The name and address of each registered
voter who is a member of
1-8 the committee.
1-9 (b) The mailing address to which all correspondence
concerning the
1-10 committee is to
be sent.
1-11 (c) A statement that the committee will be
responsible for the
1-12 circulation of
the petition and will comply with all applicable
1-13 requirements
concerning the filing of a petition to summon a grand jury
1-14 pursuant to this
section.
1-15 (d) A statement explaining the necessity for
summoning a grand jury
1-16 pursuant to this
section.
1-17 2. A
petition to summon a grand jury must be filed with the clerk by
1-18 a committee of
petitioners not later than 180 days after an affidavit is
1-19 filed pursuant to
subsection 1. The petition must contain:
2-1 (a) The signatures of registered voters equal
in number to at least 25
2-2 percent of the
number of voters voting within the county at the last
2-3 preceding general
election. Each signature contained in the petition:
2-4 (1) May only be obtained after the
affidavit required pursuant to
2-5 subsection 1 is
filed;
2-6 (2) Must be executed in ink; and
2-7 (3) Must be followed by the address of the
person signing the
2-8 petition and the
date on which the person is signing the petition.
2-9 (b) A statement indicating the number of
signatures of registered
2-10 voters which were
obtained by the committee and which are included in
2-11 the petition.
2-12 (c) An affidavit executed by each person who
circulated the petition
2-13 which states
that:
2-14 (1) The person circulated the petition
personally;
2-15 (2) At all times during the circulation of
the petition, the affidavit
2-16 filed pursuant to
subsection 1 was affixed to the petition;
2-17 (3) Each signature obtained by the person is
genuine to the best of
2-18 his knowledge and
belief and was obtained in his presence; and
2-19 (4) Each person who signed the petition had
an opportunity before
2-20 signing the
petition to read the entire text of the petition.
2-21 3. A
petition filed pursuant to this section may consist of more than
2-22 one document, but
all documents that are included as part of the petition
2-23 must be assembled
into a single instrument for the purpose of filing.
2-24 Each document
that is included as part of the petition must be uniform in
2-25 size and style
and must be numbered.
2-26 4. A
person shall not misrepresent the intent or content of a petition
2-27 circulated or
filed pursuant to this section. A person who violates the
2-28 provisions of
this subsection is guilty of a misdemeanor.
2-29 5. The
clerk shall issue a receipt following the filing of a petition
2-30 pursuant to this
section. The receipt must indicate the number of:
2-31 (a) Documents included in the petition;
2-32 (b) Pages in each document; and
2-33 (c) Signatures which the committee indicates
were obtained and
2-34 which are
included in the petition.
2-35 6. Within
20 days after a petition is filed pursuant to this section, the
2-36 clerk shall:
2-37 (a) Prepare a certificate indicating whether
the petition is sufficient or
2-38 insufficient, and
if the petition is insufficient, include in the certificate
2-39 the reasons for
the insufficiency of the petition; and
2-40 (b) Transmit a copy of the certificate to the
committee by certified
2-41 mail.
2-42 7. A
petition must not be certified as insufficient for lack of the
2-43 required number
of valid signatures if, in the absence of other proof of
2-44 disqualification,
any signature on the face thereof does not exactly
2-45 correspond with
the signature appearing on the official register of voters
2-46 and the identity
of the signer can be ascertained from the face of the
2-47 petition.
2-48 8. If
a petition is certified as:
3-1 (a) Sufficient, the clerk shall promptly
present a copy of the certificate
3-2 to the court, and
the court shall summon a grand jury. If there is a grand
3-3 jury in recess,
the court shall recall that grand jury. If there is not a
3-4 grand jury in
recess, a new grand jury must be summoned.
3-5 (b) Insufficient, the committee may, within 2
days after receipt of the
3-6 copy of the
certificate, file a request with the court for judicial review of
3-7 the determination
by the clerk that the petition is insufficient. In
3-8 reviewing the
determination of the clerk, the court shall examine the
3-9 petition and the
certificate of the clerk and may, in its discretion, allow
3-10 the introduction
of oral or written testimony. The determination of the
3-11 clerk may be
reversed only upon a showing that the determination is in
3-12 violation of any
constitutional or statutory provision, is arbitrary or
3-13 capricious or
involves an abuse of discretion. If the court finds that the
3-14 determination of
the clerk was correct, the committee may commence a
3-15 new proceeding to
summon a grand jury pursuant to this section or may
3-16 proceed as
provided in NRS 6.140. If the court finds that the
3-17
determination of
the clerk must be reversed, the court shall summon a
3-18 grand jury. If
there is a grand jury in recess, the court shall recall that
3-19 grand jury. If
there is not a grand jury in recess, a new grand jury must
3-20 be summoned.
3-21 Sec. 2. NRS
6.130 is hereby amended to read as follows:
3-22 6.130 1. [The district judge shall summon a grand jury whenever a
3-23 verified petition
is presented to the clerk of the district court containing the
3-24 signatures of
registered voters equal in number to 25 percent of the number
3-25 of voters voting
within the county at the last preceding general election
3-26 which specifically
sets forth the fact or facts constituting the necessity of
3-27 convening a grand
jury.
3-28 2.] In any county, if the statute of limitations has not run against
the
3-29 person offending, the district judge may summon a
grand jury after an
3-30 affidavit or verified petition by any taxpayer of the county accompanied
by
3-31 and with corroborating affidavits of at least two
additional persons has
3-32 been filed with the clerk of the district court,
setting forth reasonable
3-33 evidence upon which a belief is based that there has
been a
3-34 misappropriation of public money or property by a
public officer, past or
3-35 present, or any fraud committed against the county
or state by any officer,
3-36 past or present, or any violation of trust by any
officer, past or present. The
3-37 district judge shall act upon the affidavit or petition
within 5 days. If he
3-38 fails or refuses to recall or summon a grand jury,
the affiant or petitioner
3-39 may proceed as provided in NRS 6.140.
3-40 [3.] 2. If there is a grand jury in recess, the court
shall recall that grand
3-41 jury. [Otherwise,] If there is not a grand jury in recess, a new
grand jury
3-42 must be summoned.
3-43 Sec. 3. NRS
6.140 is hereby amended to read as follows:
3-44 6.140 In any county, if the district judge for any
reason fails or refuses
3-45 to select a grand jury when required, any interested
person resident of the
3-46 county may apply to the supreme court for an order
directing the selection
3-47 of a grand jury. The application [shall]
must be supported by
affidavits
3-48 setting forth the true facts as known to the
applicant, and the certificate of
3-49 the county clerk that a grand jury has not been
selected within the time
4-1 fixed or otherwise as the facts may be. The supreme
court shall issue its
4-2 order, if satisfied that a grand jury should be
called, directing the county
4-3 clerk to select and impanel a grand jury, according
to the provisions of
4-4 NRS 6.110, 6.120 and 6.130 [.] and section 1 of this act.
4-5 Sec. 4. NRS
6.150 is hereby amended to read as follows:
4-6 6.150 1. Each
person summoned to attend as a grand juror or a trial
4-7 juror in the district court or justice’s court,
unless on or before the day he is
4-8 summoned to attend he is excused by the court at his
own request from
4-9 serving, is entitled to a fee of $9 for each day he
is in attendance in
4-10 response to the venire or summons, including Sundays
and holidays.
4-11 2. Each grand juror and trial juror in the
district court or justice’s court
4-12 actually sworn and serving is entitled to a fee of
$15 a day, or $30 a day
4-13 after 5 days, as compensation for each day of
service.
4-14 3. In addition to the fees specified in
subsections 1 and 2, a board of
4-15 county commissioners may provide that, for each day
of such attendance or
4-16 service, each person is entitled to be paid a per
diem allowance in an
4-17 amount equal to the allowance for meals provided for
state officers and
4-18 employees generally while away from the office and
within this state
4-19 pursuant to subsection 1 of NRS 281.160.
4-20 4. Except as otherwise provided in this section,
each person summoned
4-21 to attend as a grand juror or a trial juror in the
district court or justice’s
4-22 court and each grand juror and trial juror in the
district court or justice’s
4-23 court is entitled to receive [15] 20 cents a mile for each
mile necessarily
4-24 and actually traveled by the shortest and most
practical route. A board of
4-25 county commissioners may provide that, for each mile
so traveled, the
4-26 person is entitled to be paid an amount equal to the
allowance for travel by
4-27 private conveyance provided for state officers and
employees generally
4-28 pursuant to subsection 3 of NRS 281.160. Where the
mileage does not
4-29 exceed 1 mile, an allowance must not be made for
that mileage pursuant to
4-30 this subsection.
4-31 5. If the home of a person summoned or serving
as such a juror is 60
4-32 miles or more from the place of trial and the
selection, inquiry or trial lasts
4-33 more than 1 day, he is entitled to receive an
allowance for lodging at the
4-34 rate provided by law for state employees, in
addition to his daily
4-35 compensation for attendance or service, for each day
on which he does not
4-36 return to his home.
4-37 6. In civil cases, any fee, per diem allowance
or other compensation
4-38 due each juror engaged in the trial of the cause
must be paid each day in
4-39 advance to the clerk of the court, or the justice of
the peace, by the party
4-40 who has demanded the jury. If the party paying this
money is the prevailing
4-41 party, the money is recoverable as costs from the
losing party. If the jury
4-42 from any cause is discharged in a civil action
without finding a verdict and
4-43 the party who demands the jury subsequently obtains
judgment, the money
4-44 so paid is recoverable as costs from the losing
party.
4-45 7. The money paid by a county clerk to jurors
for their services in a
4-46 civil action or proceeding , [(] which he has received from the party
4-47 demanding the jury , [)] must be deducted from
the total amount due them
4-48 for attendance as such jurors, and any balance is a
charge against the
4-49 county.
5-1 Sec. 5. NRS
19.013 is hereby amended to read as follows:
5-2 19.013 1. Except
as otherwise provided by specific statute, each
5-3 county clerk shall charge and collect the following
fees:
5-4 On the commencement of any
action or proceeding in the
5-5 district court, or on the
transfer of any action or proceeding
5-6 from a district court of
another county, except probate or
5-7 guardianship proceedings, to
be paid by the party
5-8 commencing the action,
proceeding or transfer.......... $56
5-9 On an appeal to the district
court of any case from a justice’s
5-10 court or a municipal court,
or on the transfer of any case
5-11 from a justice’s court or a
municipal court...................... 42
5-12 On the filing of a petition
for letters testamentary, letters of
5-13 administration, setting
aside an estate without administration,
5-14 or a guardianship, which fee
includes the court fee prescribed
5-15 by NRS 19.020, to be paid by
the petitioner:
5-16 Where the stated value of
the estate is more than $2,500...... 72
5-17 Where the stated value of
the estate is $2,500 or less, no fee
5-18 may be charged or collected.
5-19 On the filing of a petition
to contest any will or codicil, to be
5-20 paid by the petitioner............ 44
5-21 On the filing of an
objection or cross-petition to the
5-22 appointment of an executor,
administrator or guardian, or an
5-23 objection to the settlement
of account or any answer in an
5-24 estate or guardianship
matter. 44
5-25 On the appearance of any
defendant or any number of
5-26 defendants answering
jointly, to be paid upon the filing of
5-27 the first paper in the
action by him or them........................... 44
5-28 For filing a notice of
appeal.. 24
5-29 For issuing a transcript of
judgment and certifying thereto 3
5-30 For preparing any copy of
any record, proceeding or paper,
5-31 for each page......................... 1
5-32 For each certificate of the
clerk, under the seal of the court........ 3
5-33 For examining and certifying
to a copy of any paper, record
5-34 or proceeding prepared by
another and presented for his
5-35 certificate............................... 5
5-36 For filing all papers not
otherwise provided for, other than
5-37 papers filed in actions and
proceedings in court and papers
5-38 filed by public officers in
their official capacity..................... 15
5-39 For issuing any certificate
under seal, not otherwise provided
5-40 for......................................... 6
5-41 For searching records or
files in his office, for each year........... 1
5-42 For filing and recording a
bond of a notary public, per name... 15
5-43 For entering the name or renewal of the name of
a firm or
5-44 corporation in the register
of the county clerk................... [15] 20
5-45 2. Except as otherwise provided by specific
statute, all fees prescribed
5-46 in this section are payable in advance if demanded
by the county clerk.
5-47 3. The fees set forth in subsection 1 are
payment in full for all services
5-48 rendered by the county clerk in the case for which
the fees are paid,
6-1 including the preparation of the judgment roll, but
the fees do not include
6-2 payment for typing, copying, certifying or
exemplifying or authenticating
6-3 copies.
6-4 4. No fee may be charged any attorney at law
admitted to practice in
6-5 this state for searching records or files in the
office of the clerk. No fee
6-6 may be charged for any services rendered to a
defendant or his attorney in
6-7 any criminal case or in habeas corpus proceedings.
6-8 5. Each county clerk shall, on or before the
fifth day of each month,
6-9 account for and pay to the county treasurer all fees
collected during the
6-10 preceding month.
6-11 Sec. 6. NRS
3.290 and 3.295 are hereby repealed.
6-12 Sec. 7. The
amendatory provisions of this act do not apply to offenses
6-13 committed before July 1, 2000.
6-14 Sec. 8. This
act becomes effective on July 1, 2001.
6-15 TEXT OF
REPEALED SECTIONS
6-16 3.290 List of cases submitted to be published
monthly by clerk.
6-17 The county clerk of each
county shall, on or before the 5th day of each
6-18 calendar
month, publish a list of all cases submitted to the court of which
6-19 he is clerk
and which remain undecided for a period of more than 90 days
6-20 together
with the date of original submission and the dates of any orders of
6-21 resubmission. Publication shall be made in a newspaper publishing
official
6-22 advertising
for the county. It shall not be necessary to publish the full title
6-23 of each
case, but the number of the case and so much of the title as is
6-24 sufficient
to identify the same shall be published.
6-25 3.295 Clerk
to prepare and submit list of matters standing
6-26 submitted but undecided to clerk of supreme court. The county clerk
6-27 of each
county shall, on or before the 5th day of each month, prepare and
6-28 submit to
the clerk of the supreme court a list of all matters, by title and
6-29 number,
standing submitted to the district court of such county during the
6-30 preceding
month, and remaining undecided during such month.
6-31 H