(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 139
Senate Bill No. 139–Committee on Finance
(On Behalf of Administrative Office of The Courts)
February 15, 2001
____________
Referred to Committee on Finance
SUMMARY—Makes various changes to financial administration of courts. (BDR 14‑515)
FISCAL NOTE: Effect on Local Government: 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).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 176.059 is hereby amended to read as follows:
1-2 176.059 1. Except as otherwise provided in subsection 2, when a
1-3 defendant pleads guilty or guilty but mentally ill or is found guilty of a
1-4 misdemeanor, including the violation of any municipal ordinance, the
1-5 justice or judge shall include in the sentence the sum prescribed by the
1-6 following schedule as an administrative assessment and render a judgment
1-7 against the defendant for the assessment:
1-8 Fine Assessment
1-9 $5 to $49... $15
1-10 50 to 59...... 30
1-11 60 to 69...... 35
1-12 70 to 79...... 40
1-13 80 to 89...... 45
1-14 90 to 99...... 50
1-15 100 to 199.... 60
1-16 200 to 299.... 70
1-17 300 to 399.... 80
1-18 400 to 499.... 90
1-19 500 to 1,000105
2-1 2. The provisions of subsection 1 do not apply to:
2-2 (a) An ordinance regulating metered parking; or
2-3 (b) An ordinance which is specifically designated as imposing a civil
2-4 penalty or liability pursuant to NRS 244.3575 or 268.019.
2-5 3. The money collected for an administrative assessment must not be
2-6 deducted from the fine imposed by the justice or judge but must be taxed
2-7 against the defendant in addition to the fine. The money collected for an
2-8 administrative assessment must be stated separately on the court’s docket
2-9 and must be included in the amount posted for bail. If the defendant is
2-10 found not guilty or the charges are dismissed, the money deposited with the
2-11 court must be returned to the defendant. If the justice or judge cancels a
2-12 fine because the fine has been determined to be uncollectible, any balance
2-13 of the fine and the administrative assessment remaining unpaid shall be
2-14 deemed to be uncollectible and the defendant is not required to pay it. If a
2-15 fine is determined to be uncollectible, the defendant is not entitled to a
2-16 refund of the fine or administrative assessment he has paid and the justice
2-17 or judge shall not recalculate the administrative assessment.
2-18 4. If the justice or judge permits the fine and administrative assessment
2-19 to be paid in installments, the payments must be first applied to the unpaid
2-20 balance of the administrative assessment. The city treasurer shall distribute
2-21 partially collected administrative assessments in accordance with the
2-22 requirements of subsection 5. The county treasurer shall distribute partially
2-23 collected administrative assessments in accordance with the requirements
2-24 of subsection 6.
2-25 5. The money collected for administrative assessments in municipal
2-26 court must be paid by the clerk of the court to the city treasurer on or
2-27 before the fifth day of each month for the preceding month. The city
2-28 treasurer shall distribute, on or before the 15th day of that month, the
2-29 money received in the following amounts for each assessment received:
2-30 (a) Two dollars to the county treasurer for credit to a special account in
2-31 the county general fund for the use of the county’s juvenile court or for
2-32 services to juvenile offenders. Any money remaining in the special account
2-33 after 2 fiscal years must be deposited in the county general fund if it has
2-34 not been committed for expenditure. The county treasurer shall provide,
2-35 upon request by a juvenile court, monthly reports of the revenue credited to
2-36 and expenditures made from the special account.
2-37 (b) Seven dollars for credit to a special revenue fund for the use of the
2-38 municipal courts. Any money remaining in the special revenue fund after 2
2-39 fiscal years must be deposited in the municipal general fund if it has not
2-40 been committed for expenditure. The city treasurer shall provide, upon
2-41 request by a municipal court, monthly reports of the revenue credited to
2-42 and expenditures made from the special revenue fund.
2-43 (c) The remainder of each assessment to the state treasurer for credit to
2-44 a special account in the state general fund.
2-45 6. The money collected for administrative assessments in justices’
2-46 courts must be paid by the clerk of the court to the county treasurer on or
2-47 before the fifth day of each month for the preceding month. The county
2-48 treasurer shall distribute, on or before the 15th day of that month, the
2-49 money received in the following amounts for each assessment received:
3-1 (a) Two dollars for credit to a special account in the county general fund
3-2 for the use of the county’s juvenile court or for services to juvenile
3-3 offenders. Any money remaining in the special account after 2 fiscal years
3-4 must be deposited in the county general fund if it has not been committed
3-5 for expenditure. The county treasurer shall provide, upon request by a
3-6 juvenile court, monthly reports of the revenue credited to and expenditures
3-7 made from the special account.
3-8 (b) Seven dollars for credit to a special revenue fund for the use of the
3-9 justices’ courts. Any money remaining in the special revenue fund after 2
3-10 fiscal years must be deposited in the county general fund if it has not been
3-11 committed for expenditure. The county treasurer shall provide, upon
3-12 request by a justice’s court, monthly reports of the revenue credited to and
3-13 expenditures made from the special revenue fund.
3-14 (c) The remainder of each assessment to the state treasurer for credit to
3-15 a special account in the state general fund.
3-16 7. The money apportioned to a juvenile court, a justice’s court or a
3-17 municipal court pursuant to this section must be used, in addition to
3-18 providing services to juvenile offenders in the juvenile court, to improve
3-19 the operations of the court, or to acquire appropriate advanced technology
3-20 or the use of such technology, or both. Money used to improve the
3-21 operations of the court may include expenditures for:
3-22 (a) Training and education of personnel;
3-23 (b) Acquisition of capital goods;
3-24 (c) Management and operational studies; or
3-25 (d) Audits.
3-26 8. Of the total amount deposited in the state general fund pursuant to
3-27 subsections 5 and 6, the state controller shall distribute the money received
3-28 [, to the extent of legislative authorization,] to the following public
3-29 agencies in the following manner:
3-30 (a) Not less than 51 percent [must be distributed] to the office of the
3-31 court administrator for allocation as follows:
3-32 (1) Eighteen and one-half percent of the amount distributed to the
3-33 office of the court administrator for the administration of the courts.
3-34 (2) Nine percent of the amount distributed to the office of the court
3-35 administrator for the development of a uniform system for judicial records.
3-36 (3) Nine percent of the amount distributed to the office of the court
3-37 administrator for continuing judicial education.
3-38 (4) Sixty percent of the amount distributed to the office of the court
3-39 administrator for the supreme court.
3-40 (5) Three and one-half percent of the amount distributed to the office
3-41 of the court administrator for the payment for the services of retired
3-42 justices and retired district judges.
3-43 (b) Not more than 49 percent must be used to the extent of legislative
3-44 authorization for the support of:
3-45 (1) The central repository for Nevada records of criminal history;
3-46 (2) The peace officers’ standards and training commission;
3-47 (3) The operation by the Nevada highway patrol of a computerized
3-48 switching system for information related to law enforcement; and
3-49 (4) The fund for the compensation of victims of crime.
4-1 9. As used in this section, “juvenile court” means:
4-2 (a) In any judicial district that includes a county whose population is
4-3 100,000 or more, the family division of the district court; or
4-4 (b) In any other judicial district, the juvenile division of the district
4-5 court.
4-6 Sec. 2. Chapter 2 of NRS is hereby amended by adding thereto a new
4-7 section to read as follows:
4-8 1. Any amount appropriated by the legislature from the state general
4-9 fund for the support or operation of the supreme court during a fiscal
4-10 year must be reduced to the extent that the amount of any administrative
4-11 assessments distributed to the office of the court administrator for
4-12 allocation to the supreme court pursuant to NRS 176.059 exceeds the
4-13 amount which is authorized by the legislature for expenditure from those
4-14 assessments for that fiscal year.
4-15 2. The supreme court shall reserve for reversion each fiscal year the
4-16 amount by which an appropriation from the state general fund must be
4-17 reduced pursuant to subsection 1, and that amount reverts to the state
4-18 general fund upon the close of that fiscal year by the state controller.
4-19 Sec. 3. Section 1 of Assembly Bill No. 548 of this session is hereby
4-20 amended to read as follows:
4-21 Section 1. NRS 176.059 is hereby amended to read as follows:
4-22 176.059 1. Except as otherwise provided in subsection 2, when
4-23 a defendant pleads guilty or guilty but mentally ill or is found guilty
4-24 of a misdemeanor, including the violation of any municipal ordinance,
4-25 the justice or judge shall include in the sentence the sum prescribed by
4-26 the following schedule as an administrative assessment and render a
4-27 judgment against the defendant for the assessment:
4-28 Fine Assessment
4-29 $5 to $49 $15
4-30 50 to 59 30
4-31 60 to 69 35
4-32 70 to 79 40
4-33 80 to 89 45
4-34 90 to 99 50
4-35 100 to 19960
4-36 200 to 29970
4-37 300 to 39980
4-38 400 to 49990
4-39 500 to 1,000. 105
4-40 2. The provisions of subsection 1 do not apply to:
4-41 (a) An ordinance regulating metered parking; or
4-42 (b) An ordinance which is specifically designated as imposing a
4-43 civil penalty or liability pursuant to NRS 244.3575 or 268.019.
4-44 3. The money collected for an administrative assessment must not
4-45 be deducted from the fine imposed by the justice or judge but must be
4-46 taxed against the defendant in addition to the fine. The money
4-47 collected for an administrative assessment must be stated separately
5-1 on the court’s docket and must be included in the amount posted for
5-2 bail. If the defendant is found not guilty or the charges are dismissed,
5-3 the money deposited with the court must be returned to the defendant.
5-4 If the justice or judge cancels a fine because the fine has been
5-5 determined to be uncollectible, any balance of the fine and the
5-6 administrative assessment remaining unpaid shall be deemed to be
5-7 uncollectible and the defendant is not required to pay it. If a fine is
5-8 determined to be uncollectible, the defendant is not entitled to a
5-9 refund of the fine or administrative assessment he has paid and the
5-10 justice or judge shall not recalculate the administrative assessment.
5-11 4. If the justice or judge permits the fine and administrative
5-12 assessment to be paid in installments, the payments must be first
5-13 applied to the unpaid balance of the administrative assessment. The
5-14 city treasurer shall distribute partially collected administrative
5-15 assessments in accordance with the requirements of subsection 5. The
5-16 county treasurer shall distribute partially collected administrative
5-17 assessments in accordance with the requirements of subsection 6.
5-18 5. The money collected for administrative assessments in
5-19 municipal court must be paid by the clerk of the court to the city
5-20 treasurer on or before the fifth day of each month for the preceding
5-21 month. The city treasurer shall distribute, on or before the 15th day of
5-22 that month, the money received in the following amounts for each
5-23 assessment received:
5-24 (a) Two dollars to the county treasurer for credit to a special
5-25 account in the county general fund for the use of the county’s juvenile
5-26 court or for services to juvenile offenders. Any money remaining in
5-27 the special account after 2 fiscal years must be deposited in the county
5-28 general fund if it has not been committed for expenditure. The county
5-29 treasurer shall provide, upon request by a juvenile court, monthly
5-30 reports of the revenue credited to and expenditures made from the
5-31 special account.
5-32 (b) Seven dollars for credit to a special revenue fund for the use of
5-33 the municipal courts. Any money remaining in the special revenue
5-34 fund after 2 fiscal years must be deposited in the municipal general
5-35 fund if it has not been committed for expenditure. The city treasurer
5-36 shall provide, upon request by a municipal court, monthly reports of
5-37 the revenue credited to and expenditures made from the special
5-38 revenue fund.
5-39 (c) The remainder of each assessment to the state treasurer for
5-40 credit to a special account in the state general fund.
5-41 6. The money collected for administrative assessments in justices’
5-42 courts must be paid by the clerk of the court to the county treasurer on
5-43 or before the fifth day of each month for the preceding month. The
5-44 county treasurer shall distribute, on or before the 15th day of that
5-45 month, the money received in the following amounts for each
5-46 assessment received:
5-47 (a) Two dollars for credit to a special account in the county general
5-48 fund for the use of the county’s juvenile court or for services to
5-49 juvenile offenders. Any money remaining in the special account after
6-1 2 fiscal years must be deposited in the county general fund if it has
6-2 not been committed for expenditure. The county treasurer shall
6-3 provide, upon request by a juvenile court, monthly reports of the
6-4 revenue credited to and expenditures made from the special account.
6-5 (b) Seven dollars for credit to a special revenue fund for the use of
6-6 the justices’ courts. Any money remaining in the special revenue fund
6-7 after 2 fiscal years must be deposited in the county general fund if it
6-8 has not been committed for expenditure. The county treasurer shall
6-9 provide, upon request by a justice’s court, monthly reports of the
6-10 revenue credited to and expenditures made from the special revenue
6-11 fund.
6-12 (c) The remainder of each assessment to the state treasurer for
6-13 credit to a special account in the state general fund.
6-14 7. The money apportioned to a juvenile court, a justice’s court or
6-15 a municipal court pursuant to this section must be used, in addition to
6-16 providing services to juvenile offenders in the juvenile court, to
6-17 improve the operations of the court, or to acquire appropriate
6-18 advanced technology or the use of such technology, or both. Money
6-19 used to improve the operations of the court may include expenditures
6-20 for:
6-21 (a) Training and education of personnel;
6-22 (b) Acquisition of capital goods;
6-23 (c) Management and operational studies; or
6-24 (d) Audits.
6-25 8. Of the total amount deposited in the state general fund pursuant
6-26 to subsections 5 and 6, the state controller shall distribute the money
6-27 received to the following public agencies in the following manner:
6-28 (a) Not less than 51 percent to the office of the court administrator
6-29 for allocation as follows:
6-30 (1) Eighteen and one-half percent of the amount distributed to
6-31 the office of the court administrator for the administration of the
6-32 courts.
6-33 (2) Nine percent of the amount distributed to the office of the
6-34 court administrator for the development of a uniform system for
6-35 judicial records.
6-36 (3) Nine percent of the amount distributed to the office of the
6-37 court administrator for continuing judicial education.
6-38 (4) Sixty percent of the amount distributed to the office of the
6-39 court administrator for the supreme court.
6-40 (5) Three and one-half percent of the amount distributed to the
6-41 office of the court administrator for the payment for the services of
6-42 retired justices and retired district judges.
6-43 (b) Not more than 49 percent must be used to the extent of
6-44 legislative authorization for the support of:
6-45 (1) The central repository for Nevada records of criminal
6-46 history;
6-47 (2) The peace officers’ standards and training commission;
7-1 (3) The operation by the Nevada highway patrol of a
7-2 computerized switching system for information related to law
7-3 enforcement; [and]
7-4 (4) The fund for the compensation of victims of crime[.] ; and
7-5 (5) The advisory council for prosecuting attorneys.
7-6 9. As used in this section, “juvenile court” means:
7-7 (a) In any judicial district that includes a county whose population
7-8 is 100,000 or more, the family division of the district court; or
7-9 (b) In any other judicial district, the juvenile division of the district
7-10 court.
7-11 Sec. 4. This act becomes effective upon passage and approval.
7-12 H