* (REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.B. 108
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.
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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 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; 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 3.290 and 3.295 are hereby repealed.
5-2 Sec. 6. The amendatory provisions of this act do not apply to offenses
5-3 committed before July 1, 2000.
5-4 Sec. 7. This act becomes effective on July 1, 2001.
5-5 TEXT OF REPEALED SECTIONS
5-6 3.290 List of cases submitted to be published monthly by clerk.
5-7 The county clerk of each county shall, on or before the 5th day of each
5-8 calendar month, publish a list of all cases submitted to the court of which
5-9 he is clerk and which remain undecided for a period of more than 90 days
5-10 together with the date of original submission and the dates of any orders of
5-11 resubmission. Publication shall be made in a newspaper publishing official
5-12 advertising for the county. It shall not be necessary to publish the full title
5-13 of each case, but the number of the case and so much of the title as is
5-14 sufficient to identify the same shall be published.
5-15 3.295 Clerk to prepare and submit list of matters standing
5-16 submitted but undecided to clerk of supreme court. The county clerk
5-17 of each county shall, on or before the 5th day of each month, prepare and
5-18 submit to the clerk of the supreme court a list of all matters, by title and
5-19 number, standing submitted to the district court of such county during the
5-20 preceding month, and remaining undecided during such month.
5-21 H