Nevada 2019 Regular Session Status: Enacted

SB 462 — Revises provisions relating to constables. (BDR 20-754)

Last action — Approved by the Governor. Chapter 271.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

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Advancing 50% · moderate confidence

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Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to constables; defining “enterprise fund”; revising certain requirements for constables in certain townships to become certified as a category I or category II peace officer; revising certain provisions to fill a vacancy in the office of constable; providing the compensation of certain deputy constables is subject to the approval of the board of county commissioners; prohibiting certain staff of a constable from carrying or possessing a firearm; requiring a court to collect and forward certain fees related to improper vehicle registration to a constable; revising certain provisions relating to fees a constable is entitled to receive; designating the office of constable as nonpartisan; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

358 added · 372 removed

358 line(s) added, 372 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 3) (Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT S.B.
Senate Bill No.
462 SENATE BILL N O.
462–Committee on Government Affairs CHAPTER..........
462–C OMMITTEE ON G OVERNMENT A FFAIRS M ARCH 25, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to constables.
(BDR 20-754) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Section 1.5 also requires a certified as a category I or category II peace officer before filing a declaration of candidacy for the office.
Section 1.5 also requires a candidate for constable in a township whose population is 100,000 or more to be certified as a category I or category II peace officer before filing a declaration of her office if he or she fails to obtain or maintain the required certification as as or category I or category II peace officer.
Section 1.5 further provides that a constable forfeits his or - *SB462_R1* – 2 – her office if he or she fails to obtain or maintain the required certification as a category I or category II peace officer.
(NRS 258.030) not later than 60 days after the occurrence of the vacancy.ssioners to fill a vacancy Existing law authorizes all constables to appoint deputy constables and are responsible for the compensation of such deputy constables.
(NRS 258.030) Section 1.7 of this bill requires the board of county commissioners to fill a vacancy not later than 60 days after the occurrence of the vacancy.
(NRS 258.060) Section 2 provides that if the constable of an office established as an enterprise fund appoints a deputy constable, the compensation of the deputy constable must be approved by the board of county commissioners.
responsible for the compensation of such deputy constables.
(NRS 258.060)nd are Section 2 provides that if the constable of an office established as an enterprise fund appoints a deputy constable, the compensation of the deputy constable must be approved by the board of county commissioners.
(NRS 258.065) Section constable from possessing or carrying any firearm, including a concealed firearm.a Existing law authorizes a constable to issue a citation to certain owners or drivers whose vehicle is not properly registered and collect a fee from such a person.
(NRS 258.065) Section 2.3 of this bill prohibits a person employed as clerical or operational staff of a consExisting law authorizes a constable to issue a citation to certain owners or.
(NRS 258.070) Section 2.7 of this bill requires a court which imposes punishment upon the person to collect the fee and forward it to the constable who issued the citation.
drivers whose vehicle is not properly registered and collect a fee from such a person.
Existing law establishes that a constable is entitled to receive certain fees for serving a summons or other process in a civil case, executing an order of arrest in a $3,500;
(NRS 258.070) Section 2.7 of this bill requires a court which imposes - 80th Session (2019) – 2 – issued the citation.person to collect the fee and forward it to the constable who Existing law establishes that a constable is entitled to receive certain fees for serving a summons or other process in a civil case, executing an order of arrest in a civil case and for collecting sums on execution or writ:
(1) 2 percent of the first $3,500;
A first constable is also entitled to receive his or her actual expenses for taking care of property under certain circumstances and for executing an order of arrest in civil cases.
A constable is also entitled to receive his or her actual expenses for taking care of cases.
(NRS 293.195) Section 4 of this bill includes the office of constable in those offices which are designated nonpartisan.
(NRS 293.195) Section of this bill includes the office of constable in those offices which are designated nonpartisan.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
258.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 258.002, 258.003 and - *SB462_R1* – 3 – 258.004 and section 1 of this act have the meanings ascribed to them in those sections.
258.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 258.002, 258.003 and 258.004 and section 1 of this act have the meanings ascribed to them in those sections.
[Each] Except as otherwise provided in subsection 2, each constable of a township whose population is [100,000] 15,000 or more [and which is located in a county whose population is 700,000 or more, and each constable of] or a township that has within its boundaries a city whose population is [250,000] 15,000 or more [and which is located in a county whose population is less than 700,000,] shall become certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer within 1 year after the date on which the constable commences his or her term of office or appointment unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months.
[Each] Except as otherwise provided in subsection 2, each constable of a township whose population is [100,000] 15,000 or more [and which is located in a county whose population is 700,000 or more, and each constable of] or a township that has within its boundaries a city whose population is [250,000] 15,000 or more [and which is located in a county whose population is less than 700,000,] shall become certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer within 1 year after the date on which the constable commences his or her term of office or appointment unless the - 80th Session (2019) – 3 – Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months.
A person who does not comply with the provisions of this subsection is not eligible to be a candidate for the office of constable.
A person who does not comply with the provisions of this subsection is not eligible to be 3.canA constable forfeits his or her office and a vacancy is created which must be filled in accordance with NRS 258.030 [.] if the constable:
which must be filled in accordance with NRS 258.030 [.] if thes created constable:
(a) Does not become certified by the Peace Officers’ Standards and Training Commission as required pursuant to subsection 1;
and Training Commission as required pursuant to subsection 1;ards or (b) Does not maintain the certification by the Peace Officers’ Standards and Training Commission required pursuant to subsections 1 or 2 during his or her term of office.
or (b) Does not maintain the certification by the Peace Officers’ Standards and Training Commission required pursuant to subsections 1 or 2 during his or her term of office.
The board of county commissioners shall appoint a person to fill the vacancy pursuant to NRS 245.170 [.] not later than 60 days after the vacancy occurs.
The board of county commissioners shall appoint a person to fill the vacancy pursuant to NRS 245.170 [.] not later than 60 daySec.
- *SB462_R1* – 4 – Sec.
NRS 258.060 is hereby amended to read as follows:
thNRS 258.060 is hereby amended to read as follows:
A person who is appointed as a deputy constable in a township whose population is [100,000] 15,000 or more [and which is located in a county whose population is 700,000 or more or a deputy constable of] or a township that has within its boundaries a city whose population is [250,000] 15,000 or more [and which is located in a county whose population is less than 700,000] may not commence employment as a deputy constable until the person is certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer.
A person who is appointed as a deputy constable in a township whose population is [100,000] 15,000 or more [and which is located in a county whose population is 700,000 or more or a deputy constable of] or a township that has within its boundaries a city whose population is [250,000] 15,000 or more [and which is located in a county whose population is less than 700,000] may not commence employment as a deputy constable until the person is - 80th Session (2019) – 4 – certified by the Peace Officers’ Standards and Training Commission as a category I or category II peace officer.
Bonds for the faithful performance of their official duties may be required of the deputies by the constables.
Bonds for the faithful performance of their official duties may be required of the deputies by 3.e cIf a constable of an office established by the board of county commissioners as an enterprise fund appoints a deputy, the compensation of the deputy must be approved by the board of county commissioners.
county commissioners as an enterprise fund appoints a deputy, the compensation of the deputy must be approved by the board of cou4.y cAll appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be filed and recorded within 30 days after the appointment in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office.
4.
All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be filed and recorded within 30 days after the appointment in a book provided for that purpose in the office of the recorder of the county within which the constable legally holds and exercises his or her office.
The compensation of any person so appointed must be fixed by the board of county commissioners.
The compensation of any person so appointed must be fixed by the boa2.
2.
ofA person who is employed as clerical or operational staff of a constable:
A person who is employed as clerical or operational staff of a constable:
(a) Does not have the powers of a peace officer;
- *SB462_R1* – 5 – (a) Does not have the powers of a peace officer;
A constable’s clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of that township and county.
A constable’s clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge - 80th Session (2019) – 5 – of the duties of the office, and in the same manner as is or may be required of other officers of that township and county.
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(a) Be a peace officer.
(b) Execute the process, writs or warrants of courts of justice, judicial officers and coroners, when delivered to the constable for that purpose.
(b) Execute the process, writs or warrants of courts of justice, judicial officers and coroners, when delivered to the constable for tha(c) Discharge such other duties as are or may be prescribed by law.
(c) Discharge such other duties as are or may be prescribed by law.
deputy constable has the powers of a peace officer:a constable or (a) For the discharge of duties as are or may be prescribed by law;
2.
Subject to the provisions of subsection 3, a constable or deputy constable has the powers of a peace officer:
(a) For the discharge of duties as are or may be prescribed by law;
(1) In an area within the limits of an incorporated city, for the purposes authorized by and with the consent of the chief of police of the city;
(1) In an area within the limits of an incorporated city, for the purposes authorized by and with the consent of the chief of police of the cit(2) In an area that is not within the limits of an incorporated city, for the purposes authorized by and with the consent of the sheriff of the county.
and (2) In an area that is not within the limits of an incorporated city, for the purposes authorized by and with the consent of the sheriff of the county.
3.
- *SB462_R1* – 6 – 3.
5.
- 80th Session (2019) – 6 – 5.
Pursuant to the procedures and subject to the limitations set forth in chapters 482 and 484A to 484E, inclusive, of NRS, a constable may issue a citation to an owner or driver, as appropriate, of a vehicle which is located in his or her township at the time the citation is issued and which is required to be registered in this State if the constable determines that the vehicle is not properly registered.
Pursuant to the procedures and subject to the limitations set forth in chapters 482 and 484A to 484E, inclusive, of NRS, a constable may issue a citation to an owner or driver, as appropriate, of a vehicle which is located in his or her township at the time the if the constable determines that the vehicle is not properly this State registered.
Upon the imposition of punishment pursuant to NRS 482.385 on the person to whom the citation is issued, the constable whom the citation is issued, which [may] :
Upon the imposition of punishment pursuant to NRS 482.385 on the person to whom the citation is issued, the constable is entitled to charge and collect a fee of $100 from the person to whom the citation is issued, which [may] :
$100 from the person to (a) Must be collected by a court that imposes punishment the citation and forwarded by the court to the constable;
(a) Must be collected by a court that imposes punishment pursuant to NRS 482.385 on behalf of the constable who issued the citation and forwarded by the court to the constable;
The sheriff or the sheriff’s deputy shall collect the same fees and in the same manner therefor as the constable of the township in which the justice court is held would receive for the same service.
The sheriff or the sheriff’s deputy shall collect the same fees and in the same manner therefor would receive for the same service.
Sec.
which the justice court is held Sec.
- *SB462_R1* – 7 – For serving a summons or any other process [by which a suit is commenced] in civil cases.....................$17 For summoning a jury before a justice of the peace...............7 For taking a bond or undertaking ...........................................5 For serving an attachment against the property of a defendant.........................................................................15 For serving subpoenas, for each witness..............................15 For a copy of any writ, process or order or other paper, when demanded or required by law, per folio...................................................................................3 For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof ...........................................20 For each certificate of sale of real property under execution...........................................................................5 For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, [or] order for delivery of personal property [,] or any other order in a civil case, except an order of eviction, with traveling fees as for summons................................................................15 For serving one notice required by law before the commencement of a proceeding for any type of For serving not fewer than 2 nor more than 10 such.....................................26 notices to the same location, each notice ........................20 Forsuch notices to the same location, each notice................17 For serving 25 or more such notices to the same location, each notice........................................................15 Except as otherwise provided in subsection 3, for mileage in serving such a notice, for each mile necessarily and actually traveled in going only.................2 But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.
For serving a summons or any other process [by which a suit is commenced] in civil cases.....................$17 For summoning a jury before a justice of the peace...............7 For taking a bond or undertaking ...........................................5 For serving an attachment against the property of a defendant.........................................................................15 For serving subpoenas, for each witness..............................15 - 80th Session (2019) – 7 – For a copy of any writ, process or order or other paper, when demanded or required by law, per folio.................................................................................$3 For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof ...........................................20 For each certificate of sale of real property under execution...........................................................................5 For levying any writ of execution or writ of civil cases, [or] order for delivery of personal property [,] or any other order in a civil case, except an order of eviction, with traveling fees as for summons................................................................15 For serving one notice required by law before the commencement of a proceeding for any type of eviction............................................................................26 For serving not fewer than 2 nor more than 10 such notices to the same location, each notice ........................20 For serving not fewer than 11 nor more than 24 such notices to the same location, each notice................17 For serving 25 or more such notices to the same location, each notice........................................................15 Except as otherwise provided in subsection 3, for mileage in serving such a notice, for each mile necessarily and actually traveled in going only.................2 But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution.........................................................................21 For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper..................................15 For each warrant lawfully executed, unless a higher amount is established by the board of county commissioners.................................................................48 For mailing a notice of a writ of execution ............................2 - 80th Session (2019) – 8 – Except as otherwise provided in subsection 3, for mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only................................$2 But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same Except as otherwise provided in subsection 3, for mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only..................................2 But mileage may not exceed $20 for any unsuccessful effort to serve such process.
For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution.........................................................................21 For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper..................................15 - *SB462_R1* – 8 – For each warrant lawfully executed, unless a higher amount is established by the board of county commissioners...............................................................$48 For mailing a notice of a writ of execution ............................2 Except as otherwise provided in subsection 3, for mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only..................................2 But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.
2.
Except as otherwise provided in subsection 3, for mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only..................................2 But mileage may not exceed $20 for any unsuccessful effort to serve such process.
A constable is also entitled to receive:
(a) For receiving and taking care of property on execution, attachment or order, and for executing an order of arrest in civil expenses,] trouble and expense, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.
(a) For receiving and taking care of property on execution, attachment or order, and for executing an order of arrest in civil cases, compensation for the constable’s [actual necessary expenses,] trouble and expense, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.
(c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
For each service for which a constable is otherwise entitled pursuant to subsection 1 to a fee based on the mileage necessarily and actually traveled in performing the service, a board of county - *SB462_R1* – 9 – commissioners may provide by ordinance for the constable to be entitled, at the option of the person paying the fee, to a flat fee for the travel costs of that service.
For each service for which a constable is otherwise entitled pursuant to subsection 1 to a fee based on the mileage necessarily and actually traveled in performing the service, a board of county commissioners may provide by ordinance for the constable to be - 80th Session (2019) – 9 – entitled, at the option of the person paying the fee, to a flat fee for the travel costs of that service.
Judicial offices, school offices, the office of county sheriff, the Board of Regents of the University of Nevada, city and town officers, the office of constable, the State Board of Education and members of boards of hospital trustees of public hospitals are hereby designated nonpartisan offices.
Judicial offices, school offices, the office of county sheriff, the Board of Regents of the University of Nevada, Education and members of boards of hospital trustees of publicrd of hospitals are hereby designated nonpartisan offices.
H - *SB462_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

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Action History

  1. Approved by the Governor. Chapter 271.

  2. Enrolled and delivered to Governor.

  3. In Senate. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 34, Nays: 5, Excused: 2, Vacant: 1.) To Senate.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Read second time.

  7. From committee: Do pass.

  8. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 19, Nays: 2.) To Assembly.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 558.) To printer.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

  • Senate Committee on Government Affairs · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Government Affairs

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 462 do?
AN ACT relating to constables; defining “enterprise fund”; revising certain requirements for constables in certain townships to become certified as a category I or category II peace officer; revising certain provisions to fill a vacancy in the office of constable; providing the compensation of certain deputy constables is subject to the approval of the board of county commissioners; prohibiting certain staff of a constable from carrying or possessing a firearm; requiring a court to collect and forward certain fees related to improper vehicle registration to a constable; revising certain provisions relating to fees a constable is entitled to receive; designating the office of constable as nonpartisan; and providing other matters properly relating thereto.
Who sponsors SB 462?
SB 462 is sponsored by Senate Committee on Government Affairs.
What is the current status of SB 462?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track SB 462?
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