A.B. 198


Assembly Bill No. 198--Committee on Government Affai
    rs

                 February 21, 1995
                 _____________


    Referred to Committee on Government Affairs


SUMMARY--Creates alternative method of providing, and 
          increases fees for, services of constable. 
          (BDR 20-201)

FISCAL NOTE:  Effect on Local Government: No.
              Effect on the State or on Industrial Insurance: No.



EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

AN ACT relating to constables; providing an alternative method of 
        carrying out the duties of a constable in certain counties; 
        increasing the amount of fees and specifying additional fees 
        to be charged; and providing other matters properly relating 
        thereto.

     THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
                AND ASSEMBLY, DO ENACT AS FOLLOWS:



  Section 1.  NRS 258.010 is hereby amended to 
read as follows:
  258.010  1.  Except as otherwise provided in subsections 
2, 3 and 4:
  (a) Constables [shall] \must\\ be elected by the 
qualified electors of their respective townships.
  (b) The constables of the several townships of the state 
[shall] \must\\ be chosen at the general election 
of 1966, and shall enter upon the duties of their offices on 
the first Monday of January next succeeding their election, 
and [shall] hold their offices for the term of 4 years 
thereafter, until their successors are elected and 
qualified.
  (c) Constables [shall] \are entitled to\\ receive 
certificates of election from the boards of county 
commissioners of their respective counties.
  2.  In any county which includes only one township, the 
board of county commissioners may, by resolution, appoint 
the sheriff ex officio constable to serve without additional 
compensation. The resolution [must] \does\\ not 
become effective until the completion of the term of office 
for which a constable may have been elected.
  3.  In all counties whose population is less than 100,000, 
if the board of county commissioners determines that the 
office of constable is not necessary in one or more 
townships within the county, it may by ordinance abolish the 
office of constable in those townships. For any 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.
  4.  In any county whose population is 400,000 or more, 
[if] the board of county commissioners \may, in the 
alternative:
  (a) If it\\ determines that the office of constable is 
not necessary in one or more townships within the county, 
[it may] by ordinance abolish the office in those townships, 
but the abolition does not become effective as to any 
particular township until the constable incumbent on May 28, 
1979, does not seek, or is defeated for, reelection. For any 
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.
  \(b) By ordinance abolish the office of constable 
throughout the county and establish a department within the 
county government to serve all mesne and final process, and 
to execute writs of attachment, garnishment and execution 
issued by a court. If such a department is established:
    (1) The sheriff of the county shall make arrests and 
execute all criminal process.
    (2) The department has all the powers and duties of a 
constable not otherwise assigned to the sheriff of the 
county pursuant to subparagraph (1).
    (3) The department shall charge and collect the fees 
provided in NRS 258.125.
  \\Sec. 2.  NRS 258.125 is hereby amended to read 
as follows:
  258.125  1.  Constables are entitled to the following 
fees for their services [:] \for any court:\\

    For serving a summons or other process by which a 
        suit is com-
         menced in civil cases.................  [$10]  \$
        13\\
    For summoning a jury before a justice of the peace    [5]
        ................................  \8\\
    For taking a bond or undertaking..............  [3]  \
5\\
    For serving an attachment against the property of a 
        defen-
         dant......................................  [5]  \
8\\
    For serving subpenas, for each witness........  [8]  \
10\\
    For a copy of any writ, process or order or other 
        paper, when
         demanded or required by law, per folio....  [2]  \
3\\
    For drawing and executing every constable's deed, to 
        be paid by the grantee, who must also pay for 
        the acknowledgment
         thereof.................................  [12]  \
        15\\
    For each certificate of sale of real property 
        under execution...........................  [3]  \
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, with traveling fees as for
         summons...................................  [8]  \
10\\
    For serving one notice required by law before the 
        commencement
         of a proceeding for any type of eviction  [15]  \
        20\\
    For serving not fewer than 2 nor more than 10 such 
        notices to the
         same location, each notice..............  [12]  \
        15\\
    For serving not fewer than 11 nor more than 24 such 
        notices to
         the same location, each notice..........  [10]  \
        13\\
    For serving 25 or more such notices to the same 
        location, each
         notice....................................  [9]  \
12\\


    For mileage in serving such a notice, for each mile 
        necessarily
         and actually traveled in going only.......  [1]  \
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 writ of
         restitution.............................  [15]  \
        20\\
    For making and posting notices, and advertising 
        property for sale on execution, not to include 
        the cost of publication in a
         newspaper.................................  [5]  \
10\\
    For each warrant lawfully executed..........  [35]  \
        40\\
    For mileage in serving summons, attachment, 
        execution, order, venire, subpena, notice, 
        summary eviction, writ of restitution or other 
        process in civil suits, for each mile 
        necessarily
         and actually traveled, in going only......  [1]  \
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.
    For mileage in making a diligent but unsuccessful 
        effort to serve a summons, attachment, 
        execution, order, venire, subpena or other 
        process in civil suits, for each mile 
        necessarily and
         actually traveled, in going only..........  [1]  \
2\\
        But mileage may not exceed [$20] \$30\\ 
               for any unsuccessful effort to serve such 
               process.
        
  2.  A constable is also entitled to receive:
  (a) For receiving and taking care of property on 
execution, attachment or order, his actual necessary 
expenses, 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) \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; 
on any sum in excess of $500 and not exceeding $1,000, 2 
percent; and on any sum above that amount, 1 percent.
  (c) \\For collecting all sums on execution or writ, 
\without levy or where the lands or goods levied on are 
not sold,\\ to be charged against the defendant, on the 
first $3,500, [2 percent thereof,] \4 percent,\\ 
and on all amounts over that sum, [one-half of] 1 percent.
  [(c)] \(d)\\ For service in criminal cases, 
except for execution of warrants, the same fees as are 
allowed sheriffs for [like] \the same\\ services, 
to be allowed, audited and paid as are other claims against 
the county.
  3.  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 5th working day of the month next succeeding the month 
in which the fees were collected.
  4.  Constables shall, on or before the 5th 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.
  Sec. 3.  1.  This section and section 1 of 
this act become effective upon passage and approval.
  2.  Section 2 of this act becomes effective on July 1, 
1995.

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