SB 210 — Revises provisions relating to fees collected by constables and sheriffs for certain services. (BDR 20-540)

REQUIRESSenate TWO-THIRDSBill MAJORITYNo. VOTE (§§ 1, 2) (Reprinted with amendments adopted on April 16, 2025) FIRST REPRINT S.B.

210210–Senators SStone ENATEand BOhrenschall ILLNCHAPTER.......... O.

210–SENATORS S TONE AND O HRENSCHALL FEBRUARY 18, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to fees collected by constables and sheriffs for certain services.

(BDR 20-540) 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.

(1) from $17 to $26 the fee for serving a summons or complaint, or any other process, by which an action or proceeding is commenced, with certain exceptions;

(2) from $2 to $3 the fee for each milegmile is traveled in going to serve a summons or complaint, or any other process, by which anthe actionfee orfor proceedingtaking isa commenced,bond withor certainundertaking; exceptions;

(3) from $5 to $26 the fee for taking a bond or undertaking;

(6) from $21 to $26 the fee for each service in a summary eviction, with certain exceptions, and for the service and execution of a writ of restitution;

(9) from $15 to $26 the fee for certain costs of making and posting notices and advertising for sale, on executioneach orcertificate anyof judgmentsale of property on execution or order of sale;sale and for recording the original certificate with the county recorder;

(10)(11) from $5$20 to $26 the fee for issuingdrawing each certificate of sale of property on execution or order of sale and forexecuting recordingevery thesheriff’s originaldeed; certificate with the county recorder;

(11)(12) from $20$21 to $26 the fee for serving a writ of possession or restitution;

(14) from $2 to $3 the fee for - *SB210_R1* – 2 – mailing a notice of a writ of execution;

(15) from $2 to $3 the fee for each mile traveled, for going only, on all papers not served, where reasonable effort has been charge and collect per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service.service;

Sectionand 2(16) offrom this$20 billto similarly$30 the maximum fee the sheriff may charge and collect per mile traveled, for going only, on all papers not served, where increases such fees for constables and additionally increases from $7 to $26 the fee that a constable is authorized to charge for summoning a jury before a justice of the peace.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

5- For83rd servingSession a(2025) summons– or2 complaint,– orFor any other process, by which an action ororny proceeding is commenced, except as a writ of habeas corpus, on every defendant.......................[$17] $26 For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile......................[2] 3 If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.

For taking a bond or undertaking in any case in which the sheriff is authorized to take a bond or undertaking............................................................[5]undertaking ............................................................[5] 26 For a copy of any writ, process or other paper, if demanded or required by law, for each page.....................3 For serving every rule or order......................................[15] 26 For serving one notice required by law before the commencement of a proceeding for anyanye 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 For mileage in serving such a notice, for each mile necessarily and actually traveled in going only.....................................................................[2] 3 - *SB210_R1* – 3 – 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 each service in a summary eviction, except service of any notice required by law before the commencement of the proceeding, and for serving notice of and executing a writ of restitution..............................................................[$21]restitution..................................................................[21] $2626 For serving a subpoena, for each witness summoned................................................................[15] 26 For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile..............................[2] 3 When- two83rd orSession more(2025) witnesses– or3 jurors– liveWhethe in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons.....................................................[15]summons.................................................[$15] 26$26 For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper.......................................[15] 26 For issuing each certificate of sale of property on execution or order of sale, and for recording the original certificate with the county recorder, which must be collected from the party receiving the certificate.....................................[5] 26 ForForto drawing and executing every sheriff’s deed, to be paid by the grantee, who shall inindeed, addition pay for the acknowledgment thereof..........[20] 26 For serving a writ of possession or restitution, putting any person into possession entitled thereto.......................................................................[21] 26 For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile ......................................................................[2] 3 For mailing a notice of a writ of execution........................[2] 3  The sheriff may charge and collect [$2 or] $3 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed [$20.] $30.

- *SB210_R1* – 4 – 2.

(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent;

(c)- For83rd serviceSession of(2025) any– process4 in– a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed,allowed,t of audited and paid as are other claims against the county.

The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directeddir6.tedExcept as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be made.paid into the county treasury of his or her county on or before the fifth working day of the month next succeeding the month in which the fees are collected.

6.

Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his or her county on or before the fifth working day of the month next succeeding the month in which the fees are collected.

For serving a summons or any other process in civil cases.............................................................[$17] $26 For summoning a jury before a justice of the peace...........................................................................[7] 26 For taking a bond or undertaking ....................................[5] 26 For serving an attachment against the property of a defendant...........................................................[15] 26 For serving subpoenas, for each witness.......................[15] 26.......[15] 26 - *SB210_R1* – 5 – 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] 26 For each certificate of sale of real property under execution....................................................................[5] 26 For- levying83rd anySession writ(2025) of– execution5 or– writFor of garnishment, or executing an order of arrest in civil cases, 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]summons.............................................[$15] 26$26 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] 3 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 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] 26 For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper .....................[15] 26 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] 33.....48 - *SB210_R1* – 6 – 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]only...............................................................................[2] $33 - 83rd Session (2025) – 6 – 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.

ExceptExcfor as otherwise provided in subsection 3, for mileage in making a diligent butbution 3, 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]only.............................................................[$2] 3$3 But mileage may not exceed [$20] $30 for any unsuccessful effort to serve such process.

(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 claimscla(d) againstFor removing or causing the county.removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, $100.

(d) For removing or causing the removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, $100.

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 -entitled, *SB210_R1*at – 7 – the traveloption costs of thatthe service.rsonperson paying the fee, to a flat fee for 4.the travel costs of that service.

Deputy4. sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of the month next succeeding the month in which the fees were collected.

Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of - 83rd Session (2025) – 7 – collected.next succeeding the month in which the fees were 5.