SB 381 — Revises provisions relating to governmental administration. (BDR 20-1076)

248.275 1.

The sheriff of each county in this State may charge and collect the following fees [:

- *SB381* – 6 – For serving] relating to an action before any court of justice in this State:

(a) A fee of $26 for:

(1) Subject to the limitations provided in subsection 2 and except as otherwise provided in this section, serving any rule or order of the court or civil process other than a writ of habeas corpus, including, without limitation, a letter of demand, summons , [or] complaint, subpoena or [any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant $17 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 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] venire.

(2) 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.

(3) Taking a bond or undertaking in any case in which the sheriff is authorized to take a bond or undertaking .

[...................................................................................5 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 For] (4) Except as otherwise provided in this subparagraph, serving [one] a notice required by law before the commencement of a proceeding for any type of eviction .

[....................................................................26 For serving not] If the sheriff serves:

(I) Not fewer than 2 nor more than 10 such notices to the same location, the sheriff may charge and collect a fee of $20 for each notice .

[.........................20 For serving not] (II) Not fewer than 11 nor more than 24 such notices to the same location, the sheriff may charge and collect a fee of $17 for each notice .

[.........................17 - *SB381* – 7 – For serving 25] (III) Twenty-five or more such notices to the same location, the sheriff may charge and collect a fee of $15 for each notice .

[..........................................$15 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 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 For serving a subpoena, for each witness summoned.......................................................................15 For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile ...........................2 When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution,] (5) Executing any order of a court in a civil case, including, without limitation, any writ issued by the court, any order for the removal of a tenant in a summary eviction action or [executing] an order of arrest .

[or order for the delivery of personal property, together with traveling fees, as in cases of summons ...........................................................................15 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 For issuing] (6) 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 For drawing] - *SB381* – 8 – (7) Drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof .

[..........................$20 For serving] (b) Except as otherwise provided in subsection 5, a fee of $3 for:

(1) Each page of a copy of any writ [of possession] , process or [restitution, putting any person into possession entitled thereto ...........................................21 For traveling] other paper, if demanded or required by law.

(2) Subject to the limitations provided in this subsection and subsection 2, each mile necessarily and actually traveled, for going only, in carrying out the service or execution of any [process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile..........................................................................................2] rule, order, notice or civil process described in paragraph (a).

If the sheriff is unable to serve or enforce the document, the sheriff must not charge a fee which exceeds $30.

(3) For mailing a notice of a writ of execution .

[.......................................................................................2  The sheriff may charge and collect $2 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.

2.

The sheriff may also charge and collect:

(a)] (c) For commissions for receiving and paying over money [on] :

(1) On execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent;

on any sum in excess of $500, and not exceeding $1,000, 2 percent;

on all sums above that amount, 1 percent [.

(b) For commissions for receiving and paying over money on] ;

or (2) On executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent [.

(c)] ,  which must be collected from the defendant.

(d) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

- *SB381* – 9 – [(d)] (e) For all services in justice courts, the same fees as are allowed in [subsection 1 and paragraphs (a), (b) and (c) of] this subsection.

(f) For providing services pursuant to subsection 7 of NRS 258.070, the same fees that a constable of the township in which the justice court is held would receive for the same service, which must be collected in the same manner.

(g) For providing any service which is not described in this subsection or otherwise provided for in law, a fee which is established by ordinance by the board of county commissioners.

2.

If a sheriff charges and collects a fee:

(a) For serving or executing any notices or civil process pursuant to paragraph (a) of subsection 1, if more than two notices, summons, subpoenas or other civil process in the same case are served at the same general location during the same calendar day, the sheriff must charge only mileage for the service of one notice.

(b) For mileage for serving a subpoena or a venire pursuant to paragraph (b) of subsection 1 or in a criminal case, if two or more witnesses or jurors live in the same direction, the sheriff must charge only fees for mileage to the most distant witness or juror.

3.

The sheriff is also entitled to further compensation for his or her trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property .

[, as the] The court [from] which issued the writ or order [may issue certifies to be] shall issue an order to require the defendant to compensate the sheriff for the costs that the court determines are just and reasonable [.] upon receipt of an affidavit from the sheriff which lists such expenses and asserts that the expenses are accurate and were necessary.

4.

[In service of a subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.

5.] 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 directed to be made.

5.

A board of county commissioners may provide by ordinance for a flat fee, which may be paid by a defendant in lieu of the travel costs described in subparagraph (2) of paragraph (b) of subsection 1.

Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff , other than fees which may be retained as compensation, - *SB381* – 10 – 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.

Sec.

6.

A constable may appoint civil enforcement officers,officers who are authorized to transact the business described in subsection 2.

- *SB381_R1* – 6 – 2.

- *SB381* – 11 – (c) Enforce any order other than those described in subsection 2;

As used in this section, “operator of an online auction for real property” means a person or entity who is engaged in the - *SB381_R1* – 7 – business of holding, conducting or carrying on an auction for real property by electronic means.

[Except as otherwise provided in subsection 2, each constable of a township whose population is 15,000 or more or a township that has within its boundaries a city whose population is 15,000 or more 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 - *SB381* – 12 – Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months.

or - *SB381_R1* – 8 – (b) Does] does not maintain the certification by the Peace Officers’ Standards and Training Commission required pursuant to subsection 1 [or 2] during his or her term of office.

- *SB381* – 13 – ] For a township in which the office of constable has been abolished, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation.

A person who is appointed as a deputy constable in a township whose population is 15,000 or more or a township that has within its boundaries a city whose population is 15,000 or more may not commence employment as a deputy constable until the person] and is certified by the Peace Officers’ Standards and Training - *SB381_R1* – 9 – Commission as a category I or category II peace officer.

- *SB381* – 14 – 2.

- *SB381_R1* – 10 – [5.] 4.

and - *SB381* – 15 – (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.

This training must include any continuing education that addresses firearms and is required for a category II peace officer by the standards established by the Peace Officers’ Standards and Training Commission pursuant to subsection 2 of NRS 289.510, including, without limitation, any - *SB381_R1* – 11 – requirements concerning the demonstration of a minimum level of proficiency in the use of firearms.

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]a the fee [ofof $100 from the person to whom the citation is issued,]issued, provided in NRS 258.125, which:

If a sheriff or the sheriff’s deputy in any county in this State arrests a person charged with a criminal offense or in the commission of an offense, the sheriff or the sheriff’s deputy shall serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person so arrested, whether in a justice court or a district court, to the conclusion, and whether the offense is an offense of which a justice - *SB381* – 16 – of the peace has jurisdiction, or whether the proceeding is a preliminary examination or hearing.

[TheThe 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.]service. 8.

Except8. as otherwise provided in this subsection or by specific statute, a constable shall not enforce any writ, warrant or other order of a court in a criminal case unless the writ, warrant or order is delivered to the constable for execution by the Attorney General, a district attorney, sheriff or other appropriate person.

Except as otherwise provided in this subsection or by specific statute, a constable shall not enforce any writ, warrant or other order of a court in a criminal case unless the writ, warrant or order is delivered to the constable for execution by the Attorney General, a district attorney, a sheriff or other appropriate person.

NRS(Deleted 258.125by isamendment.) herebySec. amended to read as follows:

258.125 1.

Constables are entitled to the following fees for their services [:

For serving] relating to an action before any court of justice in this State:

(a) A fee of $26 for:

(1) Subject to the limitations provided in subsection 2 and except as otherwise provided in this section, serving any rule or order of the court or civil process other than a writ of habeas corpus in civil cases including, without limitation, a letter of demand, summons , complaint, subpoena or [any other process in civil cases....................................................$17 For summoning a jury before a justice of the peace..................................................................................7 For taking] venire.

(2) 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.

(3) 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] - *SB381* – 17 – (4) Drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof .

[...............................................$20 For] (5) Issuing 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, 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] or order of sale, and for recording the original certificate with the county recorder, which must be collected from the party receiving the certificate.

(6) Except as otherwise provided in this subparagraph, serving [one] a notice required by law before the commencement of a proceeding for any type of eviction .

[....................................................................26 For serving not] If the constable serves:

(I) Not fewer than 2 nor more than 10 such notices to the same location, the constable is entitled to a fee of $20 for each notice .

[.......................................20 For serving not] (II) Not fewer than 11 nor more than 24 such notices to the same location, the constable is entitled to a fee of $17 for each notice .

[.......................................17 For serving 25] (III) Twenty-five or more such notices to the same location, the constable is entitled to a fee of $15 for 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 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] - *SB381* – 18 – (7) Executing any order of a court in a civil case, including, without limitation, any writ [of restitution......................................................................................$21 For making and posting notices, and advertising property] issued by the court, any order for [sale on execution, not to include] the [cost] removal of [publication in] a [newspaper..............................................................15 For] tenant in a summary eviction action or an order of arrest.

(b) A fee of $48 for each warrant lawfully executed [,] , writ of habeas corpus or other order of the court in a criminal case, unless a higher amount is established by the board of county commissioners .

[............................................................................48 For mailing] (c) Except as otherwise provided in subsection 3, a fee of $3 for:

(1) Each page of a copy of any writ, process or other paper, if demanded or required by law.

(2) Subject to the limitations provided in this subsection and subsection 2, each mile necessarily and actually traveled, for going only, in carrying out the service or execution of any rule, order, notice or civil process described in paragraph (a).

If the constable is unable to serve or enforce the document, the constable is not entitled to a fee which exceeds $30.

(3) 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.

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 - *SB381* – 19 – But mileage may not exceed $20 for any unsuccessful effort to serve such process.

5 2.

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 cases, compensation for the constable’s 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.

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

(e) A fee of $100, to be collected pursuant to NRS 482.385, upon the imposition of a punishment upon a person to whom the constable issued a citation pursuant to NRS 258.070.

(f) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, 1 percent.

[(c)] (g) For service in criminal cases, the same fees as are allowed sheriffs for like services, including traveling fees, to be allowed, audited and paid as are other claims against the county.

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

(e)] (h) For providing any other service authorized by law for which no fee is established by this chapter, the fee provided for by ordinance by the board of county commissioners.

2.

If a constable is entitled to a fee:

(a) For serving or executing any notices or civil process pursuant to paragraph (a) of subsection 1, if more than two notices, summons, subpoenas or other civil process in the same case are served at the same general location during the same calendar day, the constable is entitled to charge only mileage for the service of one notice.

(b) For mileage for serving a subpoena or a venire pursuant to paragraph (b) of subsection 1, if two or more witnesses or jurors live in the same direction, the constable is entitled to charge only fees for mileage to the most distant witness or juror.

3.

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 - *SB381* – 20 – entitled, at the option of the person paying the fee, to a flat fee for the travel costs of that service.

4.

The constable is also entitled to further compensation for his or her trouble and expense in taking possession of property under attachment, execution, or other process and of preserving the property.

The court which issued the writ or order shall issue an order to require the defendant to compensate the constable for the costs that the court determines are just and reasonable upon receipt of an affidavit from the constable which lists such expenses and assets that the expenses are accurate and were necessary.

5.

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 the month next succeeding the month in which the fees were collected.

[5.] 6.

Except as otherwise provided in subsection [6,] 7, constables shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

[6.] 7.

Every 5 business days, constables in an office established by the board of county commissioners as an enterprise fund shall account for and pay to the county treasurer any fee collected during the preceding period.

Sec.

NRS(Deleted 258.230by isamendment.) hereby- amended*SB381_R1* to– read12 as– follows:Sec.

258.230 Except with respect to the fees described in subsection 4 and paragraphs [(a)] (d) and [(d)] (e) of subsection [2] 1 of NRS 258.125, all fees prescribed in this chapter shall be payable in advance, if demanded.

If a constable shall not have received any or all of his or her fees, which may be due the constable for services rendered by him or her in any suit or proceedings, the constable may have execution therefor in his or her own name against the party or parties from whom they are due, to be issued from the court where the action is pending, upon the order of the justice of the peace or court upon affidavit filed.

Sec.

[All] Except as otherwise provided by subsection 7, sales of - *SB381* – 21 – real property must be made at the courthouse of the county in which the property or some part thereof is situated.

31.235 A constable may perform any of the duties assigned to a sheriff and has all of the authority granted to a sheriff pursuant to - *SB381_R1* – 13 – this chapter with respect to [a] any process, writ [of attachment.] or order in a civil case.

- *SB381* – 22 – (e) Require each person the court directs, as garnishees, to submit to the sheriff an answer to the interrogatories within 20 days after service of the writ upon the person.

If [a magistrate or] an officer, having notice of an unlawful or riotous assembly, as provided in subsection 1, [neglect] neglects - *SB381_R1* – 14 – or [refuse] refuses to proceed to the place of assembly, or as near thereto as the [magistrate or] officer can with safety, and to exercise the authority with which the [magistrate or] officer is invested for suppressing the same and arresting the offenders, the [magistrate or] officerpunished shallaccordingly.ed be deemed guilty of a misdemeanor, and shall be punishedSec. accordingly.

Sec.

NRS(Deleted 487.095by isamendment.) herebySec. amended to read as follows:

487.095 1.

Except as otherwise provided in subsection 2:

- *SB381* – 23 – (a) An automobile wrecker may only charge and collect those fees for towing an abandoned automobile as are prescribed by regulations of the Department.

(b) An automobile wrecker shall not charge a fee to tow an abandoned vehicle if the automobile wrecker does not obtain the consent of the owner of the property to tow the vehicle.

2.

When an automobile wrecker removes an abandoned vehicle from public property at the request of a constable as provided in NRS 487.230, the automobile wrecker shall:

(a) If the owner of the abandoned vehicle can be identified and if the automobile wrecker is able to collect from the owner the fee described in paragraph (d) of subsection [2] 1 of NRS 258.125, transmit that fee to the constable;

or (b) If the owner of the abandoned vehicle cannot be identified or if the automobile wrecker is otherwise unable to collect from the owner the fee described in paragraph (d) of subsection [2] 1 of NRS 258.125, transmit that fee to the constable only if the automobile wrecker is able to satisfy his or her own lien, as provided in NRS 487.270.

Sec.

NRS(Deleted 487.270by isamendment.) herebySec. amended to read as follows:

487.27025. 1.

WheneverNRS a648.014 vehicleis hashereby beenamended removed to aread garage or other place as providedfollows: by NRS 487.230, the owner of the garage or the automobile wrecker or operator of a tow car who towed the vehicle has a lien on the vehicle for:

(a)648.014 The“Process costsserver” means a person, other than a peace officer of towingthe andState storingof forNevada [,] or a periodcivil notenforcement exceedingofficer 90who days;is appointed pursuant to section 2 or 7 of this act, who engages in the business of serving legal process within this State.

and (b) If the vehicle was removed from public property at the request of a constable, the fee described in paragraph (d) of subsection [2] 1 of NRS 258.125.

2.

If the vehicle is appraised at a value of less than $1,500, or less than such other value greater than $1,500 which the Department may establish by regulation, and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage, automobile wrecker or operator of a tow car may satisfy his or her lien by retaining the vehicle and obtaining a certificate pursuant to NRS 487.880, if applicable, a salvage title as provided in NRS 487.810 or an unbranded title pursuant to subsection 4.

3.

If the vehicle is appraised at a value of more than $1,500, or more than such other value greater than $1,500 which the Department may establish by regulation, and is not reclaimed within 45 days, the owner of the garage, automobile wrecker or operator of a tow car may satisfy his or her lien, in accordance with the provisions of NRS 108.265 to 108.367, inclusive.

Before such a person may sell the vehicle, the person shall obtain a certificate - *SB381* – 24 – pursuant to NRS 487.880, if applicable, a salvage title as provided in NRS 487.810 or an unbranded title pursuant to subsection 4.

4.

Before an automobile wrecker or operator of a tow car satisfies his or her lien pursuant to subsection 2 or 3, the automobile wrecker or operator of a tow car may request that the Department issue an unbranded title for the vehicle.

The Department shall issue the unbranded title if the automobile wrecker or operator of a tow car submits to the Department a certificate of inspection in such form as the Department may prescribe which has been completed and signed by a garage operator who operates a garage that is registered pursuant to NRS 487.560, by the owner of a body shop licensed pursuant to NRS 487.630, by a rebuilder licensed pursuant to NRS 482.325 or by a qualified employee of such a garage, body shop or rebuilder certifying that:

(a) The vehicle was inspected by the garage operator, owner, rebuilder or employee;

(b) The vehicle meets the standards of the vehicle manufacturer for mechanical fitness and safety;

(c) Any safety equipment, including, without limitation, occupant restraint devices, which was present in the vehicle at the time the vehicle was manufactured is present and operational to the standards of the manufacturer and the provisions of 49 C.F.R.

§§ 571.208 and 571.209;

and (d) The vehicle is in a condition to be operated safely on the highways of this State.

5.

Nothing in subsection 4 shall be construed as requiring the Department to change the existing status of a certificate of title, including, without limitation, any designation that a vehicle is a salvage vehicle or rebuilt vehicle.

6.

If the vehicle was removed from public property at the request of a constable and the owner of the garage or automobile wrecker satisfies his or her lien pursuant to subsection 2 or 3, the owner of the garage or automobile wrecker shall transmit to the constable the fee described in paragraph (d) of subsection [2] 1 of NRS 258.125.

7.

As used in this section:

(a) “Operator of a tow car” means the operator of a tow car who holds a certificate of public convenience and necessity issued pursuant to NRS 706.4463.

(b) “Unbranded title” means a certificate of title that does not include a specified designation, including, without limitation, a designation that a motor vehicle is a salvage vehicle or rebuilt vehicle.

- *SB381* – 25 – 648.014 “Process server” means a person, other than a peace officer of the State of Nevada [,] or a civil enforcement officer who is appointed pursuant to section 2 or 7 of this act, who engages in the business of serving legal process within this State.

A magistrate may depute in writing any suitable and discreet person to act as constable when no constable is at hand and the 258.110ofUnlawfulnature failureof tothe arrestbusiness offender;requires immediate action.

258.110 Unlawful failure to arrest offender;

H - *SB381**SB381_R1*