(REPRINTED WITH ADOPTED AMENDMENTS) " SECOND REPRINT A.B. 198" Assembly Bill No. 198--Committee on Government Affai rs February 21, 1995 _____________ Referred to Committee on Government Affairs SUMMARY--Revises provisions governing abolishment of office of constable and authorizes assignment of civil powers and duties of sheriff to constables in certain townships. (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; revising the provisions governing the abolishment of constables in certain counties; authorizing an assignment of the civil powers and duties of a sheriff to constables in certain townships; 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. Chapter 248 of NRS is hereby amended by adding thereto a new section to read as follows: \1. If a county whose population is 400,000 or more merges its law enforcement agency with the law enforcement agency of the county seat of the county pursuant to chapter 280 of NRS, the sheriff of the county may enter into an agreement with the constable of the township in which the county seat is located, assigning to the constable any of the powers and duties of the sheriff regarding civil matters in that township, including, without limitation: (a) The power to charge and collect any fees which the sheriff is authorized to charge and collect for the performance of those powers and duties. (b) The powers and duties of the sheriff regarding the service of: (1) Civil process for indigent persons. (2) Injunctions, restraining orders and other orders for protection against domestic violence. 2. An agreement authorized pursuant to subsection 1 does not become effective unless it is approved by the board of county commissioners of the county. 3. During the effective period of an agreement approved pursuant to subsection 2, the provisions of law regarding any powers and duties assigned to a constable pursuant to this section shall be deemed to refer to the constable instead of the sheriff.\\ Sec. 2. NRS 258.010 is hereby amended to read as follows: 258.010 1. Except as otherwise provided in [subsections 2, 3 and 4:] \this section:\\ (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 not become effective until the completion of the term of office for which a constable may have been elected. 3. [In all counties] \Except as otherwise provided in subsection 4, in any county\\ whose population [is less than 100,000,] \: (a) Is less than 400,000,\\ 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] \(b) Is\\ 400,000 or more, 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 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. \4. No board of county commissioners may abolish the office of constable in a township whose population is 75,000 or more, as certified by the governor pursuant to NRS 360.285. If the office of constable is abolished in a township whose population is less than 75,000 and the township subsequently attains a population of 75,000 or more, as certified by the governor pursuant to NRS 360.285, the board of county commissioners shall appoint a suitable person to fill that office until a successor constable is elected at the next ensuing biennial election.\\ Sec. 3. NRS 258.125 is hereby amended to read as follows: 258.125 1. [Constables] \Except as otherwise provided in an agreement approved pursuant to section 1 of this act, constables\\ are entitled to the following fees for their services: For serving a summons or other process by which a suit is commenced in civil cases.............. $10 For summoning a jury before a justice of the peace........................................ 5 For taking a bond or undertaking............. 3 For serving an attachment against the property of a defen- dant..................................... 5 For serving subpoenas, for each witness...... 8 For a copy of any writ, process or order or other paper, when demanded or required by law, per folio... 2 For drawing and executing every constable's deed, to be paid by the grantee, who must also pay for the acknowledgment thereof.................................. 12 For each certificate of sale of real property under execu- tion..................................... 3 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 For serving one notice required by law before the commence- ment of a proceeding for any type of eviction................................. 15 For serving not fewer than 2 nor more than 10 such notices to the same location, each notice.......... 12 For serving not fewer than 11 nor more than 24 such notices to the same location, each notice.......... 10 For serving 25 or more such notices to the same location, each notice................................... 9 For mileage in serving such a notice, for each mile necessarily and actually traveled in going only...... 1 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 For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper................................ 5 For each warrant lawfully executed........... 35 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 necessa- rily and actually traveled, in going only ....................................... 1 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, subpoena or other process in civil suits, for each mile necessa- rily and actually traveled, in going only ........................................ 1 But mileage may not exceed $20 for any unsuccessful effort to serve such process. 2. [A] \Except as otherwise provided in an agreement approved pursuant to section 1 of this act, 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 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, one-half of 1 percent. (c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like 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] \fifth\\ working day of the month next succeeding the month in which the fees were collected. 4. Constables shall, on or before the [5th] \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. Sec. 4. NRS 258.170 is hereby amended to read as follows: 258.170 \Except as otherwise provided in an agreement approved pursuant to section 1 of this act: 1. \\No other fees [shall] \may\\ be charged by constables than those specifically set forth in this chapter [, nor shall] \; and 2. No\\ fees \may\\ be charged \by constables\\ for any other services than those mentioned in this chapter. Sec. 5. If, before the effective date of this act, the office of constable was abolished in a township whose population was 75,000 or more at the time the office was abolished, the sheriff of the county shall appoint a suitable person to fill that office until a successor constable is elected at the biennial election in 1998. Sec. 6. This act becomes effective upon passage and approval. -30-