REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 5, 16)
S.B. 381
- *SB381*
SENATE BILL NO. 381–SENATORS OHRENSCHALL; AND STONE
MARCH 17, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to governmental
administration. (BDR 20-1076)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 22)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to governmental administration; authorizing a
sheriff or constable to appoint a civil enforcement officer;
authorizing the electronic sale of real property under
execution; authorizing a sheriff or constable to enter into
a contract to conduct such a sale; revising certain fees to
which a sheriff or constable is entitled for certain
services; revising the powers and duties of certain persons
under the direction and supervision of a constable or
sheriff; revising the powers and duties of sheriffs,
constables and deputy constables; revising the
qualifications of constables; eliminating the authority of
certain boards of county commissioners to abolish the
office of constable in certain townships; revising
provisions relating to the service, execution and
enforcement of certain process, writs and remedies;
revising provisions relating to duties required of certain
officers for unlawful or riotous assemblies; repealing a
provision authorizing a magistrate to depute a person to
act as constable under certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a sheriff to appoint one or more deputies who are 1
authorized to perform all the duties devolving on the sheriff of the county and such 2
other duties as the sheriff may from time to time direct. (NRS 248.040) Section 2 3
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of this bill authorizes a sheriff to appoint civil enforcement officers who are 4
authorized to perform certain duties of the sheriff relating to the service, posting 5
and enforcement of certain notices and writs. Section 7 of this bill similarly 6
authorizes a constable to appoint such officers. Section 25 of this bill provides that 7
a civil enforcement officer is not governed by certain provisions set forth in 8
existing law for the licensure and regulation of process servers who are not peace 9
officers. (NRS 648.014) 10
Existing law further provides that a person who is employed as clerical or 11
operational staff of a constable does not have the powers of a peace officer and 12
prohibits such a person from possessing or carrying a weapon or concealed firearm 13
while performing his or her official duties. (NRS 258.065) Section 9 of this bill 14
makes such provisions, with certain exceptions, applicable to any person who 15
works under the direction and supervision of a constable, including, without 16
limitation, an appointee, employee, contractor or volunteer of the constable and 17
removes the prohibition for such persons to possess or carry a weapon while 18
performing his or her official duties. Section 14 of this bill removes language made 19
duplicative by the provisions of section 9. 20
Existing law requires all sales of property under execution to be made at 21
auction to the highest bidder and requires such an auction to take place between the 22
hours of 9 a.m. and 5 p.m. at the courthouse of the county in which the property or 23
some part thereof is situated. (NRS 21.150) Section 19 of this bill authorizes such a 24
sale of real property to be conducted on the Internet website of an operator of an 25
online auction for real property or other electronic means. Sections 3 and 8 of this 26
bill authorize a sheriff and constable, respectively, to enter into a contract with such 27
an operator to sell the property by an auction conducted on the Internet website of 28
the operator or other electronic means. 29
Existing law requires a sheriff to take property which is the subject of a claim 30
to delivery and described in a writ of possession if it is in the possession of a 31
defendant or an agent of the defendant and retain it in his or her custody. (NRS 32
31.840, 31.870) If the property, or any part of the property, is concealed in a 33
building or enclosure, existing law requires the sheriff to publicly demand delivery 34
of the property. If the property is not delivered, existing law requires the sheriff to 35
cause the building or enclosure to be broken open and to take the property and 36
authorizes, if necessary, the sheriff to call the power of the sheriff’s county to his or 37
her aid. (NRS 31.920) Sections 4 and 10 of this bill provide that a sheriff or 38
constable is subject to such requirements after the receipt of any writ or order that 39
directs the sheriff or constable to take the property described in it. Section 27 of 40
this bill repeals a provision concerning writs of possession which is made 41
duplicative by the provisions of sections 4 and 10. 42
Existing law authorizes the sheriff of each county in this State to charge and 43
collect certain fees for certain services provided by the sheriff. (NRS 248.275) 44
Section 5 of this bill revises such fees. Section 16 of this bill similarly revises the 45
fees that a constable is entitled to for certain services provided by the constable. 46
(NRS 258.125) Section 15 of this bill makes conforming changes to remove 47
references to provisions that were relocated to sections 5 and 16. Sections 17, 23 48
and 24 of this bill make conforming changes to reflect the renumbering and 49
relocation of certain fees. 50
Section 11 of this bill removes a requirement for each constable of a township 51
whose population is 15,000 or more, or a township that has within its boundaries a 52
city whose population is 15,000 or more, to become certified by the Peace Officers’ 53
Standards and Training Commission as a category I or category II peace officer 54
within 1 year after the date on which the constable commences his or her term of 55
office or appointment. 56
Existing law: (1) requires any person who is a candidate for the office of 57
constable in a township whose population is 100,000 or more to be certified by the 58
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Commission as a category I or category II peace officer before filing a declaration 59
of candidacy for the office; and (2) provides that a constable forfeits his or her 60
office if he or she does not maintain such a certification. (NRS 258.007) Section 11 61
instead: (1) requires that a person who is a candidate for the office of constable in a 62
township whose population is 100,000 or more in a county whose population is 63
100,000 or more to be certified by the Commission as a category I or category II 64
peace officer before filing a declaration of candidacy for the office; and (2) 65
provides that a constable forfeits his or her office if he does not maintain such a 66
certification. 67
Existing law authorizes a constable to appoint deputies who are authorized to 68
transact all official business pertaining to the office to the same extent as their 69
principals and sets forth certain requirements for such a position, including a 70
requirement for a person who is appointed as a deputy constable in certain 71
townships to be certified by the Commission as a category I or category II peace 72
officer before commencing his or her employment. (NRS 258.060) Section 13 of 73
this bill instead prohibits any deputy constable from being appointed unless he or 74
she is so certified. 75
Existing law requires a constable or deputy constable who is authorized to carry 76
a firearm to receive training approved by the Commission in the use of firearms at 77
least once every 6 months. (NRS 258.070) Section 15 requires such training to 78
include any continuing education that addresses firearms and is required for a 79
category II officer, including, without limitation, any requirements concerning the 80
demonstration of a minimum level of proficiency in the use of firearms. 81
Section 15 further prohibits, with certain exceptions, a constable from 82
executing any writ, warrant or other order of a court in a criminal case unless the 83
writ, warrant or order is delivered to the constable for execution by certain 84
appropriate persons. 85
Existing law authorizes the board of county commissioners in a county which 86
includes only one township to, by resolution, appoint the sheriff ex officio 87
constable to serve without additional compensation. Additionally, if a board of 88
county commissioners in a county whose population is less than 700,000 (currently 89
all counties other than Clark County) which includes more than one township or a 90
county whose population is 700,000 or more (currently only Clark County) 91
determines that the office of constable is not necessary in one or more townships, 92
existing law authorizes a board of county commissioners to abolish the office of 93
constable in a township and to appoint the sheriff ex officio constable. (NRS 94
258.010) Section 12 of this bill instead authorizes a board of county commissioners 95
in any county which includes more than one township to take such actions under 96
such circumstances. 97
Existing law authorizes a constable to perform, with respect to certain 98
provisions concerning writs of execution, garnishment and attachment, any of the 99
duties assigned to a sheriff and provides that the constable has all of the authority 100
granted to a sheriff with respect to such provisions. (NRS 21.111, 31.235) Sections 101
18 and 20 of this bill instead provide that for certain provisions concerning 102
remedies, including writs of attachment, garnishment and arrest and bail, as well as 103
certain provisions concerning the enforcement of certain judgments including writs 104
of execution or garnishment, a constable is authorized to perform any of the duties 105
assigned to a sheriff and provides that the constable has all of the authority granted 106
to a sheriff with respect to any process, writ or order in a civil case. 107
Existing law authorizes execution on a writ of garnishment to occur only if the 108
sheriff mails a copy of the writ with a copy of the notice of execution to the 109
defendant in a certain manner and provides that, in the case of a writ of 110
garnishment that continues for 180 days or until the amount demanded in the writ is 111
satisfied, a copy of the writ and the notice of execution need only be mailed once to 112
the defendant. (NRS 31.260) Section 21 of this bill instead: (1) requires the sheriff 113
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to mail a copy of the writ of garnishment and the writ of execution with the copy of 114
the notice of execution; and (2) provides that in the case of a writ of garnishment 115
that continues for 180 days or until the amount demanded in the writ is satisfied, a 116
copy of the writ of execution and the notice of execution need only be mailed once 117
to the defendant. 118
Existing law requires, when six or more persons are unlawfully or riotously 119
assembled in any town, the sheriff of the county and the sheriff’s deputies or the 120
constable of the town and the justice of the peace to: (1) go among the persons so 121
assembled and command such persons in the name of the people of the United 122
States and the State of Nevada, to disperse immediately; and (2) if such persons do 123
not disperse, arrest them. Further, existing law provides that a magistrate or officer 124
who neglects or refuses to proceed to the place of assembly and exercise such 125
powers is guilty of a misdemeanor. (NRS 269.230) Section 22 of this bill: (1) 126
removes such a duty from a magistrate or constable; (2) places such a duty upon the 127
chief of police or his or her peace officers; and (3) instead requires such a command 128
to only be given in the name of the people of the State of Nevada. 129
Existing law authorizes a magistrate to depute in writing any suitable and 130
discreet person to act as constable when no constable is at hand and the nature of 131
the business requires immediate action. (NRS 171.116) Existing law additionally 132
provides that any constable who willfully refuses to arrest any person charged with 133
a criminal offense is guilty of a gross misdemeanor and requires such a constable to 134
be removed from office. (NRS 258.110) Section 27 repeals such provisions. 135
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 1
thereto the provisions set forth as sections 2, 3 and 4 of this act. 2
Sec. 2. 1. A sheriff may appoint civil enforcement officers, 3
who are authorized to transact the business described in 4
subsection 2. A civil enforcement officer must be at least 18 years 5
of age. The appointment of a civil enforcement officer must not be 6
construed to confer upon that civil enforcement officer 7
policymaking authority for the office of the sheriff or the county 8
by which the sheriff is employed. 9
2. A civil enforcement officer appointed pursuant to this 10
section may: 11
(a) Serve any civil process or post any public notice that the 12
sheriff is authorized to serve or post, other than a writ of habeas 13
corpus, including, without limitation, a letter of demand, 14
summons, complaint, subpoena or eviction notice; 15
(b) Execute a writ of garnishment; and 16
(c) Post or enforce an order for removal of a tenant in a 17
summary eviction action or a writ of restitution. 18
3. No civil enforcement officer is qualified to act as such 19
unless he or she has taken an oath to discharge the duties of the 20
office faithfully and impartially. The oath, together with the 21
written appointment, must be recorded in the office of the recorder 22
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of the county within which the sheriff legally holds and exercises 1
office. Revocations of such appointments must be recorded as 2
provided in this subsection. From the time of the recording of the 3
appointments or revocations thereof, persons shall be deemed to 4
have notice of the appointments or revocations. 5
4. The sheriff may require of his or her civil enforcement 6
officers such bonds as the sheriff deems proper. 7
5. Nothing in this section shall be construed to confer upon a 8
civil enforcement officer the powers of a peace officer pursuant to 9
NRS 289.150 to 289.360, inclusive, or authorize a civil 10
enforcement officer appointed pursuant to this section to: 11
(a) Serve any process in a criminal case or a writ of habeas 12
corpus; 13
(b) Summon a jury; 14
(c) Enforce any order other than those described in subsection 15
2; or 16
(d) Execute an order of arrest. 17
Sec. 3. 1. A sheriff may enter into a contract with an 18
operator of an online auction for real property to sell real property 19
under execution pursuant to NRS 21.150 by an auction conducted 20
on the Internet website of the operator or other electronic means. 21
2. Nothing in this section shall be construed to relieve the 22
sheriff of any duty to provide notice concerning the sale of such 23
property pursuant to chapter 21 of NRS or authorize the sheriff to 24
delegate such duties to the operator of an online auction for real 25
property. 26
3. As used in this section, “operator of an online auction for 27
real property” means a person or entity who is engaged in the 28
business of holding, conducting or carrying on an auction for real 29
property by electronic means. 30
Sec. 4. 1. If, after the receipt of any writ or order that 31
directs a sheriff to take the property described in the writ or order, 32
the property, or any part thereof, is concealed in a building or 33
enclosure, the sheriff shall publicly demand delivery of the 34
property. If the property is not delivered, the sheriff shall cause the 35
building or enclosure to be broken open, and take the property 36
into his or her possession. 37
2. If necessary to carry out the provisions of this section, the 38
sheriff may call to his or her aid the power of the county of the 39
sheriff. 40
Sec. 5. NRS 248.275 is hereby amended to read as follows: 41
248.275 1. The sheriff of each county in this State may 42
charge and collect the following fees [: 43
44
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For serving] relating to an action before any court of justice 1
in this State: 2
(a) A fee of $26 for: 3
(1) Subject to the limitations provided in 4
subsection 2 and except as otherwise provided in 5
this section, serving any rule or order of the court 6
or civil process other than a writ of habeas corpus, 7
including, without limitation, a letter of demand, 8
summons , [or] complaint, subpoena or [any other 9
process, by which an action or proceeding is 10
commenced, except as a writ of habeas corpus, on 11
every defendant $17 12
For traveling and making such service, per 13
mile in going only, to be computed in all 14
cases the distance actually traveled, for 15
each mile ........................................................................... 2 16
If any two or more papers are required to 17
be served in the same suit at the same 18
time, where parties live in the same 19
direction, one mileage only may be 20
charged. 21
For taking] venire. 22
(2) Making and posting notices and advertising for sale, on 23
execution or any judgment or order of sale, not to include the cost 24
of publication in a newspaper. 25
(3) Taking a bond or undertaking in any case 26
in which the sheriff is authorized to take a bond or 27
undertaking . [ ................................................................................... 5 28
For a copy of any writ, process or other 29
paper, if demanded or required by law, for 30
each page ........................................................................... 3 31
For serving every rule or order ............................................. 15 32
For] 33
(4) Except as otherwise provided in this 34
subparagraph, serving [one] a notice required by 35
law before the commencement of a proceeding for 36
any type of eviction . [ .................................................................... 26 37
For serving not] If the sheriff serves: 38
(I) Not fewer than 2 nor more than 10 39
such notices to the same location, the sheriff may 40
charge and collect a fee of $20 for each notice . [ ......................... 20 41
For serving not] 42
(II) Not fewer than 11 nor more than 24 43
such notices to the same location, the sheriff may 44
charge and collect a fee of $17 for each notice . [ ......................... 17 45
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For serving 25] 1
(III) Twenty-five or more such notices to 2
the same location, the sheriff may charge and 3
collect a fee of $15 for each notice . [ .......................................... $15 4
For mileage in serving such a notice, for each 5
mile necessarily and actually traveled in 6
going only......................................................................... 2] 7
But if two or more notices are served at the same general location 8
during the same period, mileage may only be charged for the service 9
of one notice. 10
[For each service in a summary eviction, 11
except service of any notice required by 12
law before the commencement of the 13
proceeding, and for serving notice of and 14
executing a writ of restitution.......................................... 21 15
For serving a subpoena, for each witness 16
summoned ....................................................................... 15 17
For traveling, per mile in serving subpoenas, 18
or a venire, in going only, for each mile ........................... 2 19
When two or more witnesses or jurors live 20
in the same direction, traveling fees 21
must be charged only for the most 22
distant. 23
For serving an attachment on property, or 24
levying an execution,] 25
(5) Executing any order of a court in a civil 26
case, including, without limitation, any writ issued 27
by the court, any order for the removal of a tenant 28
in a summary eviction action or [executing] an 29
order of arrest . [or order for the delivery of 30
personal property, together with traveling fees, as in 31
cases of summons ........................................................................... 15 32
For making and posting notices and 33
advertising for sale, on execution or any 34
judgment or order of sale, not to include 35
the cost of publication in a newspaper ............................ 15 36
For issuing] 37
(6) Issuing each certificate of sale of 38
property on execution or order of sale, and for 39
recording the original certificate with the county 40
recorder, which must be collected from the party 41
receiving the certificate . [ ................................................................ 5 42
For drawing] 43
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(7) Drawing and executing every sheriff’s 1
deed, to be paid by the grantee, who shall in 2
addition pay for the acknowledgment thereof . [ .......................... $20 3
For serving] 4
(b) Except as otherwise provided in subsection 5, a fee of $3 5
for: 6
(1) Each page of a copy of any writ [of 7
possession] , process or [restitution, putting any 8
person into possession entitled thereto ........................................... 21 9
For traveling] other paper, if demanded or 10
required by law. 11
(2) Subject to the limitations provided in 12
this subsection and subsection 2, each mile 13
necessarily and actually traveled, for going only, 14
in carrying out the service or execution of any 15
[process, not otherwise provided in this section, for 16
each mile necessarily traveled, for going only, for 17
each mile .......................................................................................... 2] 18
rule, order, notice or civil process described in 19
paragraph (a). If the sheriff is unable to serve or 20
enforce the document, the sheriff must not charge 21
a fee which exceeds $30. 22
(3) For mailing a notice of a writ of 23
execution . [....................................................................................... 2 24
25
The sheriff may charge and collect $2 per mile traveled, for going 26
only, on all papers not served, where reasonable effort has been 27
made to effect service, but not to exceed $20. 28
2. The sheriff may also charge and collect: 29
(a)] (c) For commissions for receiving and paying over money 30
[on] : 31
(1) On execution or process, where lands or personal 32
property have been levied on, advertised or sold, on the first $500, 4 33
percent; on any sum in excess of $500, and not exceeding $1,000, 2 34
percent; on all sums above that amount, 1 percent [. 35
(b) For commissions for receiving and paying over money on] ; 36
or 37
(2) On executions without levy, or where the lands or goods 38
levied on are not sold, on the first $3,500, 2 percent, and on all 39
amounts over that sum, one-half of 1 percent [. 40
(c)] , 41
which must be collected from the defendant. 42
(d) For service of any process in a criminal case, or of a writ of 43
habeas corpus, the same mileage as in civil cases, to be allowed, 44
audited and paid as are other claims against the county. 45
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[(d)] (e) For all services in justice courts, the same fees as are 1
allowed in [subsection 1 and paragraphs (a), (b) and (c) of] this 2
subsection. 3
(f) For providing services pursuant to subsection 7 of NRS 4
258.070, the same fees that a constable of the township in which 5
the justice court is held would receive for the same service, which 6
must be collected in the same manner. 7
(g) For providing any service which is not described in this 8
subsection or otherwise provided for in law, a fee which is 9
established by ordinance by the board of county commissioners. 10
2. If a sheriff charges and collects a fee: 11
(a) For serving or executing any notices or civil process 12
pursuant to paragraph (a) of subsection 1, if more than two 13
notices, summons, subpoenas or other civil process in the same 14
case are served at the same general location during the same 15
calendar day, the sheriff must charge only mileage for the service 16
of one notice. 17
(b) For mileage for serving a subpoena or a venire pursuant to 18
paragraph (b) of subsection 1 or in a criminal case, if two or more 19
witnesses or jurors live in the same direction, the sheriff must 20
charge only fees for mileage to the most distant witness or juror. 21
3. The sheriff is also entitled to further compensation for his or 22
her trouble and expense in taking possession of property under 23
attachment, execution or other process and of preserving the 24
property . [, as the] The court [from] which issued the writ or order 25
[may issue certifies to be] shall issue an order to require the 26
defendant to compensate the sheriff for the costs that the court 27
determines are just and reasonable [.] upon receipt of an affidavit 28
from the sheriff which lists such expenses and asserts that the 29
expenses are accurate and were necessary. 30
4. [In service of a subpoena or a venire in criminal cases, the 31
sheriff is entitled to receive mileage for the most distant only, where 32
witnesses and jurors live in the same direction. 33
5.] The fees allowed for the levy of an execution, for 34
advertising and for making and collecting money on an execution or 35
order of sale, must be collected from the defendants, by virtue of the 36
execution or order of sale, in the same manner as the execution is 37
directed to be made. 38
5. A board of county commissioners may provide by 39
ordinance for a flat fee, which may be paid by a defendant in lieu 40
of the travel costs described in subparagraph (2) of paragraph (b) 41
of subsection 1. 42
6. Except as otherwise provided by an ordinance adopted 43
pursuant to the provisions of NRS 244.207, all fees collected by a 44
sheriff , other than fees which may be retained as compensation, 45
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must be paid into the county treasury of his or her county on or 1
before the fifth working day of the month next succeeding the 2
month in which the fees are collected. 3
Sec. 6. Chapter 258 of NRS is hereby amended by adding 4
thereto the provisions set forth as sections 7 to 10, inclusive, of this 5
act. 6
Sec. 7. 1. A constable may appoint civil enforcement 7
officers, who are authorized to transact the business described in 8
subsection 2. A civil enforcement officer must be at least 18 years 9
of age. The appointment of a civil enforcement officer must not be 10
construed to confer upon that civil enforcement officer 11
policymaking authority for the office of the constable or the 12
county by which the constable is employed. 13
2. A civil enforcement officer appointed pursuant to this 14
section may: 15
(a) Serve any civil process or post public notice that the 16
constable is authorized to serve or post, other than a writ of 17
habeas corpus, including, without limitation, a letter of demand, 18
summons, complaint, subpoena or eviction notice; 19
(b) Execute a writ of garnishment; and 20
(c) Post or enforce an order for removal of a tenant in a 21
summary eviction action or a writ of restitution. 22
3. No civil enforcement officer is qualified to act as such 23
unless he or she has taken an oath to discharge the duties of the 24
office faithfully and impartially. The oath, together with the 25
written appointment, must be recorded in the office of the recorder 26
of the county within which the constable legally holds and 27
exercises office. Revocations of such appointments must be 28
recorded as provided in this subsection. From the time of the 29
recording of the appointments or revocations thereof, persons 30
shall be deemed to have notice of the appointments or revocations. 31
4. A constable is responsible for the compensation of a civil 32
enforcement officer appointed pursuant to this section and is 33
responsible on his or her official bonds for all official malfeasance 34
of the same. A constable may require a civil enforcement officer to 35
post a bond for the faithful performance of his or her official 36
duties. 37
5. Nothing in this section shall be construed to confer upon a 38
civil enforcement officer the powers of a peace officer pursuant to 39
NRS 289.150 to 289.360, inclusive, or authorize a civil 40
enforcement officer appointed pursuant to this section to: 41
(a) Serve any process in a criminal case or a writ of habeas 42
corpus; 43
(b) Summon a jury; 44
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(c) Enforce any order other than those described in subsection 1
2; or 2
(d) Execute an order of arrest. 3
Sec. 8. 1. A constable may enter into a contract with an 4
operator of an online auction for real property to sell real property 5
under execution pursuant to NRS 21.150 by an auction conducted 6
on the Internet website of the operator or other electronic means. 7
2. Nothing in this section shall be construed to relieve the 8
constable of any duty to provide notice concerning the sale of such 9
property pursuant to chapter 21 of NRS or authorize the constable 10
to delegate such duties to the operator of an online auction for 11
real property. 12
3. As used in this section, “operator of an online auction for 13
real property” means a person or entity who is engaged in the 14
business of holding, conducting or carrying on an auction for real 15
property by electronic means. 16
Sec. 9. Except as otherwise provided in NRS 258.070, no 17
person who works under the direction and supervision of a 18
constable, including an appointee, employee, contractor or 19
volunteer of the constable: 20
1. Has the powers of a peace officer. 21
2. May, while performing the duties of his or her position or 22
any other duties of the office of the constable, possess or carry a 23
firearm, as defined in NRS 202.253, regardless of whether the 24
person possesses a permit to carry a concealed firearm issued 25
pursuant to NRS 202.3653 to 202.369, inclusive. 26
Sec. 10. 1. If, after the receipt of a writ or order that directs 27
a constable to take the property described in the writ or order, the 28
property, or any part thereof, is concealed in a building or 29
enclosure, the constable shall publicly demand delivery of the 30
property. If the property is not delivered, the constable shall cause 31
the building or enclosure to be broken open, and take the property 32
into his or her possession. 33
2. If necessary to carry out the provisions of this section, the 34
constable may call to his or her aid the power of the county of the 35
constable. 36
Sec. 11. NRS 258.007 is hereby amended to read as follows: 37
258.007 1. [Except as otherwise provided in subsection 2, 38
each constable of a township whose population is 15,000 or more or 39
a township that has within its boundaries a city whose population is 40
15,000 or more shall become certified by the Peace Officers’ 41
Standards and Training Commission as a category I or category II 42
peace officer within 1 year after the date on which the constable 43
commences his or her term of office or appointment unless the 44
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Commission, for good cause shown, grants in writing an extension 1
of time, which must not exceed 6 months. 2
2. Any] In a county whose population is 100,000 or more, any 3
person who is a candidate for the office of constable in a township 4
whose population is 100,000 or more must be certified by the Peace 5
Officers’ Standards and Training Commission as a category I or 6
category II peace officer before filing a declaration of candidacy for 7
the office. A person who does not comply with the provisions of this 8
subsection is not eligible to be a candidate for the office of 9
constable. 10
[3.] 2. A constable forfeits his or her office and a vacancy is 11
created which must be filled in accordance with NRS 258.030 if the 12
constable [: 13
(a) Does not become certified by the Peace Officers’ Standards 14
and Training Commission as required pursuant to subsection 1; or 15
(b) Does] does not maintain the certification by the Peace 16
Officers’ Standards and Training Commission required pursuant to 17
subsection 1 [or 2] during his or her term of office. 18
Sec. 12. NRS 258.010 is hereby amended to read as follows: 19
258.010 1. Except as otherwise provided in subsections 2 and 20
3: 21
(a) Constables must be elected by the qualified electors of their 22
respective townships. 23
(b) The constables of the several townships of the State must be 24
chosen at the general election of 1966, and shall enter upon the 25
duties of their offices on the first Monday of January next 26
succeeding their election, and hold their offices for the term of 4 27
years thereafter, until their successors are elected and qualified. 28
(c) Constables must receive certificates of election from the 29
boards of county commissioners of their respective counties. 30
2. In a county which includes only one township, the board of 31
county commissioners may, by resolution, appoint the sheriff ex 32
officio constable to serve without additional compensation. The 33
resolution must not become effective until the completion of the 34
term of office for which a constable may have been elected. 35
3. In a county [whose population: 36
(a) Is less than 700,000,] which includes more than one 37
township, if the board of county commissioners determines that the 38
office of constable is not necessary in one or more townships within 39
the county, it may, by ordinance, abolish the office of constable in 40
those townships. 41
[(b) Is 700,000 or more, if the board of county commissioners 42
determines that the office of constable is not necessary in one or 43
more townships within the county, it may, by ordinance, abolish the 44
office in those townships. 45
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] For a township in which the office of constable has been 1
abolished, the board of county commissioners may, by resolution, 2
appoint the sheriff ex officio constable to serve without additional 3
compensation. 4
Sec. 13. NRS 258.060 is hereby amended to read as follows: 5
258.060 1. All constables may appoint deputies, who are 6
authorized to transact all official business pertaining to the office to 7
the same extent as their principals. A person must not be appointed 8
as a deputy constable unless the person has been a resident of the 9
State of Nevada for at least 6 months before the date of the 10
appointment [. A person who is appointed as a deputy constable in a 11
township whose population is 15,000 or more or a township that has 12
within its boundaries a city whose population is 15,000 or more may 13
not commence employment as a deputy constable until the person] 14
and is certified by the Peace Officers’ Standards and Training 15
Commission as a category I or category II peace officer. The 16
appointment of a deputy constable must not be construed to confer 17
upon that deputy policymaking authority for the office of the county 18
constable or the county by which the deputy constable is employed. 19
2. Constables are responsible for the compensation of their 20
deputies and are responsible on their official bonds for all official 21
malfeasance or nonfeasance of the same. Bonds for the faithful 22
performance of their official duties may be required of the deputies 23
by the constables. 24
3. If a constable of an office established by the board of county 25
commissioners as an enterprise fund appoints a deputy, the 26
compensation of the deputy must be approved by the board of 27
county commissioners. 28
4. All appointments of deputies under the provisions of this 29
section must be in writing and must, together with the oath of office 30
of the deputies, be filed and recorded within 30 days after the 31
appointment in a book provided for that purpose in the office of the 32
recorder of the county within which the constable legally holds and 33
exercises his or her office. Revocations of such appointments must 34
also be filed and recorded as provided in this section within 30 days 35
after the revocation of the appointment. From the time of the filing 36
of the appointments or revocations therein, persons shall be deemed 37
to have notice of the same. 38
Sec. 14. NRS 258.065 is hereby amended to read as follows: 39
258.065 1. The constable of a township may, subject to the 40
approval of the board of county commissioners, appoint such 41
clerical and operational staff as the work of the constable requires. 42
The compensation of any person so appointed must be fixed by the 43
board of county commissioners. 44
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2. [A person who is employed as clerical or operational staff of 1
a constable: 2
(a) Does not have the powers of a peace officer; and 3
(b) May not possess a weapon or carry a firearm, regardless of 4
whether the person possesses a permit to carry a concealed firearm 5
issued pursuant to NRS 202.3653 to 202.369, inclusive, while 6
performing the duties of the office of the constable. 7
3.] The board of county commissioners may appoint for the 8
constable of a township a reasonable number of clerks. The 9
compensation of any clerk so appointed must be fixed by the board 10
of county commissioners. 11
[4.] 3. A constable’s clerk shall take the constitutional oath of 12
office and give bond in the sum of $2,000 for the faithful discharge 13
of the duties of the office, and in the same manner as is or may be 14
required of other officers of that township and county. 15
[5.] 4. A constable’s clerk shall do all clerical work in 16
connection with keeping the records and files of the office, and shall 17
perform such other duties in connection with the office as the 18
constable shall prescribe. 19
Sec. 15. NRS 258.070 is hereby amended to read as follows: 20
258.070 1. Subject to the provisions of subsections 2 and 3, 21
each constable shall: 22
(a) Be a peace officer. 23
(b) Execute the process, writs or warrants of courts of justice, 24
judicial officers and coroners, when delivered to the constable for 25
that purpose. 26
(c) Discharge such other duties as are or may be prescribed by 27
law. 28
2. Subject to the provisions of subsection 3, a constable or 29
deputy constable has the powers of a peace officer: 30
(a) For the discharge of duties as are or may be prescribed by 31
law; 32
(b) For the purpose of arresting a person for a public offense 33
committed or attempted in the presence of the constable or deputy 34
constable, if the constable or deputy constable has reasonable cause 35
to believe that the arrest is necessary to prevent harm to other 36
persons or the escape of the person who committed or attempted the 37
public offense; and 38
(c) In addition to the circumstances described in paragraphs (a) 39
and (b): 40
(1) In an area within the limits of an incorporated city, for the 41
purposes authorized by and with the consent of the chief of police of 42
the city; and 43
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(2) In an area that is not within the limits of an incorporated 1
city, for the purposes authorized by and with the consent of the 2
sheriff of the county. 3
3. The constable and each deputy constable of a township shall 4
not carry a firearm in the performance of his or her duties unless: 5
(a) The constable has adopted a written policy on the use of 6
deadly force by the constable and each deputy constable; and 7
(b) The constable and each deputy constable has received 8
training regarding the policy. 9
4. A constable or deputy constable authorized to carry a 10
firearm pursuant to subsection 3 must receive training approved by 11
the Peace Officers’ Standards and Training Commission in the use 12
of firearms at least once every 6 months. This training must include 13
any continuing education that addresses firearms and is required 14
for a category II peace officer by the standards established by the 15
Peace Officers’ Standards and Training Commission pursuant to 16
subsection 2 of NRS 289.510, including, without limitation, any 17
requirements concerning the demonstration of a minimum level of 18
proficiency in the use of firearms. 19
5. A constable or deputy constable who wears a uniform in the 20
performance of his or her duties shall display prominently as part of 21
that uniform a badge, nameplate or other uniform piece which 22
clearly displays the name or an identification number of the 23
constable or deputy constable. 24
6. Pursuant to the procedures and subject to the limitations set 25
forth in chapters 482 and 484A to 484E, inclusive, of NRS, a 26
constable may issue a citation to an owner or driver, as appropriate, 27
of a vehicle which is located in his or her township at the time the 28
citation is issued and which is required to be registered in this State 29
if the constable determines that the vehicle is not properly 30
registered. Upon the imposition of punishment pursuant to NRS 31
482.385 on the person to whom the citation is issued, the constable 32
is entitled to charge and collect [a] the fee [of $100 from the person 33
to whom the citation is issued,] provided in NRS 258.125, which: 34
(a) Must be collected by a court that imposes punishment 35
pursuant to NRS 482.385 on behalf of the constable who issued the 36
citation and forwarded by the court to the constable; and 37
(b) May be retained by the constable as compensation. 38
7. If a sheriff or the sheriff’s deputy in any county in this State 39
arrests a person charged with a criminal offense or in the 40
commission of an offense, the sheriff or the sheriff’s deputy shall 41
serve all process, whether mesne or final, and attend the court 42
executing the order thereof in the prosecution of the person so 43
arrested, whether in a justice court or a district court, to the 44
conclusion, and whether the offense is an offense of which a justice 45
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of the peace has jurisdiction, or whether the proceeding is a 1
preliminary examination or hearing. [The sheriff or the sheriff’s 2
deputy shall collect the same fees and in the same manner therefor 3
as the constable of the township in which the justice court is held 4
would receive for the same service.] 5
8. Except as otherwise provided in this subsection or by 6
specific statute, a constable shall not enforce any writ, warrant or 7
other order of a court in a criminal case unless the writ, warrant 8
or order is delivered to the constable for execution by the Attorney 9
General, a district attorney, sheriff or other appropriate person. 10
Notwithstanding the provisions of this subsection, a constable may 11
execute a warrant for arrest which is issued for a failure to appear 12
if the constable or deputy of the constable previously issued the 13
citation which is the subject of the case to the person who is the 14
subject of the warrant. 15
Sec. 16. NRS 258.125 is hereby amended to read as follows: 16
258.125 1. Constables are entitled to the following fees for 17
their services [: 18
19
For serving] relating to an action before any 20
court of justice in this State: 21
(a) A fee of $26 for: 22
(1) Subject to the limitations provided in 23
subsection 2 and except as otherwise provided in 24
this section, serving any rule or order of the court 25
or civil process other than a writ of habeas corpus 26
in civil cases including, without limitation, a letter 27
of demand, summons , complaint, subpoena or 28
[any other process in civil cases.................................................... $17 29
For summoning a jury before a justice of the 30
peace .................................................................................. 7 31
For taking] venire. 32
(2) Making and posting notices and advertising for sale, on 33
execution or any judgment or order of sale, not to include the cost 34
of publication in a newspaper. 35
(3) Taking a bond or undertaking . [ ..................................... 5 36
For serving an attachment against the 37
property of a defendant ................................................... 15 38
For serving subpoenas, for each witness .............................. 15 39
For a copy of any writ, process or order or 40
other paper, when demanded or required 41
by law, per folio ................................................................ 3 42
For drawing] 43
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(4) Drawing and executing every constable’s 1
deed, to be paid by the grantee, who must also pay 2
for the acknowledgment thereof . [ ............................................... $20 3
For] 4
(5) Issuing each certificate of sale of real 5
property under execution [ ................................................................ 5 6
For levying any writ of execution or writ of 7
garnishment, or executing an order of 8
arrest in civil cases, order for delivery of 9
personal property or any other order in a 10
civil case, except an order of eviction, 11
with traveling fees as for summons ................................. 15 12
For] or order of sale, and for recording the 13
original certificate with the county 14
recorder, which must be collected from 15
the party receiving the certificate. 16
(6) Except as otherwise provided in this 17
subparagraph, serving [one] a notice required by 18
law before the commencement of a proceeding for 19
any type of eviction . [ .................................................................... 26 20
For serving not] If the constable serves: 21
(I) Not fewer than 2 nor more than 10 22
such notices to the same location, the constable is 23
entitled to a fee of $20 for each notice . [ ....................................... 20 24
For serving not] 25
(II) Not fewer than 11 nor more than 24 26
such notices to the same location, the constable is 27
entitled to a fee of $17 for each notice . [ ....................................... 17 28
For serving 25] 29
(III) Twenty-five or more such notices to 30
the same location, the constable is entitled to a fee 31
of $15 for each notice . [ ................................................................. 15 32
Except as otherwise provided in subsection 3, 33
for mileage in serving such a notice, for 34
each mile necessarily and actually 35
traveled in going only ....................................................... 2] 36
But if two or more notices are served at the same general location 37
during the same period, mileage may only be charged for the service 38
of one notice. 39
[For each service in a summary eviction, 40
except service of any notice required by 41
law before commencement of the 42
proceeding, and for serving notice of and 43
executing a] 44
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(7) Executing any order of a court in a civil 1
case, including, without limitation, any writ [of 2
restitution ...................................................................................... $21 3
For making and posting notices, and 4
advertising property] issued by the court, 5
any order for [sale on execution, not to 6
include] the [cost] removal of [publication 7
in] a [newspaper .............................................................. 15 8
For] tenant in a summary eviction action or 9
an order of arrest. 10
(b) A fee of $48 for each warrant lawfully 11
executed [,] , writ of habeas corpus or other order 12
of the court in a criminal case, unless a higher 13
amount is established by the board of county 14
commissioners . [ ............................................................................ 48 15
For mailing] 16
(c) Except as otherwise provided in subsection 3, a fee of $3 17
for: 18
(1) Each page of a copy of any writ, process or other paper, 19
if demanded or required by law. 20
(2) Subject to the limitations provided in this subsection 21
and subsection 2, each mile necessarily and actually traveled, for 22
going only, in carrying out the service or execution of any rule, 23
order, notice or civil process described in paragraph (a). If the 24
constable is unable to serve or enforce the document, the 25
constable is not entitled to a fee which exceeds $30. 26
(3) Mailing a notice of a writ of execution . [ ....................... 2 27
Except as otherwise provided in subsection 3, 28
for mileage in serving summons, 29
attachment, execution, order, venire, 30
subpoena, notice, summary eviction, writ 31
of restitution or other process in civil 32
suits, for each mile necessarily and 33
actually traveled, in going only ......................................... 2 34
But when two or more persons are served 35
in the same suit, mileage may only be 36
charged for the most distant, if they 37
live in the same direction. 38
Except as otherwise provided in subsection 3, 39
for mileage in making a diligent but 40
unsuccessful effort to serve a summons, 41
attachment, execution, order, venire, 42
subpoena or other process in civil suits, 43
for each mile necessarily and actually 44
traveled, in going only ....................................................... 2 45
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But mileage may not exceed $20 for any 1
unsuccessful effort to serve such 2
process. 3
4
2. A constable is also entitled to receive: 5
(a) For receiving and taking care of property on execution, 6
attachment or order, and for executing an order of arrest in civil 7
cases, compensation for the constable’s trouble and expense, to be 8
allowed by the court which issued the writ or order, upon the 9
affidavit of the constable that the charges are correct and the 10
expenses necessarily incurred. 11
(b)] 12
(d) A fee of $100 for removing or causing the removal of, 13
pursuant to NRS 487.230, a vehicle that has been abandoned on 14
public property. 15
(e) A fee of $100, to be collected pursuant to NRS 482.385, 16
upon the imposition of a punishment upon a person to whom the 17
constable issued a citation pursuant to NRS 258.070. 18
(f) For collecting all sums on execution or writ, to be charged 19
against the defendant, on the first $3,500, 2 percent thereof, and on 20
all amounts over that sum, 1 percent. 21
[(c)] (g) For service in criminal cases, the same fees as are 22
allowed sheriffs for like services, including traveling fees, to be 23
allowed, audited and paid as are other claims against the county. 24
[(d) For removing or causing the removal of, pursuant to NRS 25
487.230, a vehicle that has been abandoned on public property, 26
$100. 27
(e)] (h) For providing any other service authorized by law for 28
which no fee is established by this chapter, the fee provided for by 29
ordinance by the board of county commissioners. 30
2. If a constable is entitled to a fee: 31
(a) For serving or executing any notices or civil process 32
pursuant to paragraph (a) of subsection 1, if more than two 33
notices, summons, subpoenas or other civil process in the same 34
case are served at the same general location during the same 35
calendar day, the constable is entitled to charge only mileage for 36
the service of one notice. 37
(b) For mileage for serving a subpoena or a venire pursuant to 38
paragraph (b) of subsection 1, if two or more witnesses or jurors 39
live in the same direction, the constable is entitled to charge only 40
fees for mileage to the most distant witness or juror. 41
3. For each service for which a constable is otherwise entitled 42
pursuant to subsection 1 to a fee based on the mileage necessarily 43
and actually traveled in performing the service, a board of county 44
commissioners may provide by ordinance for the constable to be 45
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entitled, at the option of the person paying the fee, to a flat fee for 1
the travel costs of that service. 2
4. The constable is also entitled to further compensation for 3
his or her trouble and expense in taking possession of property 4
under attachment, execution, or other process and of preserving 5
the property. The court which issued the writ or order shall issue 6
an order to require the defendant to compensate the constable for 7
the costs that the court determines are just and reasonable upon 8
receipt of an affidavit from the constable which lists such expenses 9
and assets that the expenses are accurate and were necessary. 10
5. Deputy sheriffs acting as constables are not entitled to retain 11
for their own use any fees collected by them, but the fees must be 12
paid into the county treasury on or before the fifth working day of 13
the month next succeeding the month in which the fees were 14
collected. 15
[5.] 6. Except as otherwise provided in subsection [6,] 7, 16
constables shall, on or before the fifth working day of each month, 17
account for and pay to the county treasurer all fees collected during 18
the preceding month, except fees which may be retained as 19
compensation. 20
[6.] 7. Every 5 business days, constables in an office 21
established by the board of county commissioners as an enterprise 22
fund shall account for and pay to the county treasurer any fee 23
collected during the preceding period. 24
Sec. 17. NRS 258.230 is hereby amended to read as follows: 25
258.230 Except with respect to the fees described in subsection 26
4 and paragraphs [(a)] (d) and [(d)] (e) of subsection [2] 1 of NRS 27
258.125, all fees prescribed in this chapter shall be payable in 28
advance, if demanded. If a constable shall not have received any or 29
all of his or her fees, which may be due the constable for services 30
rendered by him or her in any suit or proceedings, the constable may 31
have execution therefor in his or her own name against the party or 32
parties from whom they are due, to be issued from the court where 33
the action is pending, upon the order of the justice of the peace or 34
court upon affidavit filed. 35
Sec. 18. NRS 21.111 is hereby amended to read as follows: 36
21.111 A constable may perform any of the duties assigned to 37
a sheriff and has all of the authority granted to a sheriff pursuant to 38
this chapter with respect to [a] any process, writ [of execution] or 39
[garnishment.] order in a civil case. 40
Sec. 19. NRS 21.150 is hereby amended to read as follows: 41
21.150 1. All sales of property under execution must be made 42
at auction to the highest bidder between the hours of 9 a.m. and 5 43
p.m. [All] Except as otherwise provided by subsection 7, sales of 44
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real property must be made at the courthouse of the county in which 1
the property or some part thereof is situated. 2
2. After sufficient property has been sold to satisfy the 3
execution, more property must not be sold. 4
3. The officer holding the execution and the officer’s deputy 5
shall not become a purchaser or be interested in any purchase at 6
such sale. 7
4. When the sale is of personal property capable of manual 8
delivery, it shall be in view of those who attend the sale and be sold 9
in such parcels as are likely to bring the highest price. 10
5. Except as otherwise provided in subsection 6, when the sale 11
is of real property and consisting of several known lots or parcels, 12
they shall be sold separately, or when a portion of such real property 13
is claimed by a third person and the third party requires it to be sold 14
separately, such portion shall be thus sold. If the land to be sold 15
under execution consists of a single parcel, or two or more 16
contiguous parcels, situated in two or more counties, notice of the 17
sale must be posted and published in each of such counties, as 18
provided in this chapter. The judgment debtor, if present at the sale, 19
may also direct the order in which property, real or personal, shall 20
be sold. When such property consists of several known lots or 21
parcels, or of articles which can be sold to advantage separately, the 22
sheriff shall be bound to follow such directions. 23
6. The provisions of subsection 5 do not apply to a sale 24
pursuant to NRS 40.430. 25
7. If a sheriff or constable enters into a contract with an 26
operator of an online auction for real property pursuant to section 27
3 or 8 of this act, respectively, sales of real property conducted 28
pursuant to this section may be conducted by an auction on the 29
Internet website of the operator or by other electronic means. As 30
used in this subsection, “operator of an online auction for real 31
property” has the meaning ascribed to it in section 3 of this act. 32
Sec. 20. NRS 31.235 is hereby amended to read as follows: 33
31.235 A constable may perform any of the duties assigned to 34
a sheriff and has all of the authority granted to a sheriff pursuant to 35
this chapter with respect to [a] any process, writ [of attachment.] or 36
order in a civil case. 37
Sec. 21. NRS 31.260 is hereby amended to read as follows: 38
31.260 1. The writ of garnishment must: 39
(a) Be issued by the sheriff. 40
(b) Contain the name of the court and the names of the parties. 41
(c) Be directed to the garnishee defendant. 42
(d) State the name and address of the plaintiff’s attorney, if any, 43
otherwise the plaintiff’s address. 44
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(e) Require each person the court directs, as garnishees, to 1
submit to the sheriff an answer to the interrogatories within 20 days 2
after service of the writ upon the person. 3
2. The writ of garnishment must also notify the garnishee 4
defendant that, if the garnishee defendant fails to answer the 5
interrogatories, a judgment by default will be rendered against the 6
garnishee defendant for: 7
(a) The amount demanded in the writ of garnishment or the 8
value of the property described in the writ, as the case may be; or 9
(b) If the garnishment is pursuant to NRS 31.291, the amount of 10
the lien created pursuant to that section, 11
which amount or property must be clearly set forth in the writ of 12
garnishment. 13
3. Execution on the writ of garnishment may occur only if the 14
sheriff mails a copy of the writ of garnishment and the writ of 15
execution with a copy of the notice of execution to the defendant in 16
the manner and within the time prescribed in NRS 21.076. In the 17
case of a writ of garnishment that continues for 180 days or until the 18
amount demanded in the writ is satisfied, a copy of the writ of 19
execution and the notice of execution need only be mailed once to 20
the defendant. 21
Sec. 22. NRS 269.230 is hereby amended to read as follows: 22
269.230 1. When six or more persons, whether armed or not, 23
shall be unlawfully or riotously assembled in any town, the sheriff 24
of the county [and the sheriff’s] or his or her deputies [,] or the 25
[constable of the town, and the justice of the peace] chief of police 26
of the city or his or her peace officers, as applicable, shall go 27
among the persons so assembled, or as near as possible, and shall 28
command them, in the name of the people of [the United States and] 29
the State of Nevada, to disperse immediately. 30
2. If the persons assembled do not immediately disperse, the 31
[magistrates and] officers shall arrest them, that they be punished 32
according to law, and for that purpose may command the aid of all 33
persons present or within the county. 34
3. If [a magistrate or] an officer, having notice of an unlawful 35
or riotous assembly, as provided in subsection 1, [neglect] neglects 36
or [refuse] refuses to proceed to the place of assembly, or as near 37
thereto as the [magistrate or] officer can with safety, and to exercise 38
the authority with which the [magistrate or] officer is invested for 39
suppressing the same and arresting the offenders, the [magistrate or] 40
officer shall be deemed guilty of a misdemeanor, and shall be 41
punished accordingly. 42
Sec. 23. NRS 487.095 is hereby amended to read as follows: 43
487.095 1. Except as otherwise provided in subsection 2: 44
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(a) An automobile wrecker may only charge and collect those 1
fees for towing an abandoned automobile as are prescribed by 2
regulations of the Department. 3
(b) An automobile wrecker shall not charge a fee to tow an 4
abandoned vehicle if the automobile wrecker does not obtain the 5
consent of the owner of the property to tow the vehicle. 6
2. When an automobile wrecker removes an abandoned vehicle 7
from public property at the request of a constable as provided in 8
NRS 487.230, the automobile wrecker shall: 9
(a) If the owner of the abandoned vehicle can be identified and 10
if the automobile wrecker is able to collect from the owner the fee 11
described in paragraph (d) of subsection [2] 1 of NRS 258.125, 12
transmit that fee to the constable; or 13
(b) If the owner of the abandoned vehicle cannot be identified or 14
if the automobile wrecker is otherwise unable to collect from the 15
owner the fee described in paragraph (d) of subsection [2] 1 of NRS 16
258.125, transmit that fee to the constable only if the automobile 17
wrecker is able to satisfy his or her own lien, as provided in 18
NRS 487.270. 19
Sec. 24. NRS 487.270 is hereby amended to read as follows: 20
487.270 1. Whenever a vehicle has been removed to a garage 21
or other place as provided by NRS 487.230, the owner of the garage 22
or the automobile wrecker or operator of a tow car who towed the 23
vehicle has a lien on the vehicle for: 24
(a) The costs of towing and storing for a period not exceeding 25
90 days; and 26
(b) If the vehicle was removed from public property at the 27
request of a constable, the fee described in paragraph (d) of 28
subsection [2] 1 of NRS 258.125. 29
2. If the vehicle is appraised at a value of less than $1,500, or 30
less than such other value greater than $1,500 which the Department 31
may establish by regulation, and is not reclaimed within the period 32
prescribed in NRS 487.250, the owner of the garage, automobile 33
wrecker or operator of a tow car may satisfy his or her lien by 34
retaining the vehicle and obtaining a certificate pursuant to NRS 35
487.880, if applicable, a salvage title as provided in NRS 487.810 or 36
an unbranded title pursuant to subsection 4. 37
3. If the vehicle is appraised at a value of more than $1,500, or 38
more than such other value greater than $1,500 which the 39
Department may establish by regulation, and is not reclaimed within 40
45 days, the owner of the garage, automobile wrecker or operator of 41
a tow car may satisfy his or her lien, in accordance with the 42
provisions of NRS 108.265 to 108.367, inclusive. Before such a 43
person may sell the vehicle, the person shall obtain a certificate 44
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pursuant to NRS 487.880, if applicable, a salvage title as provided 1
in NRS 487.810 or an unbranded title pursuant to subsection 4. 2
4. Before an automobile wrecker or operator of a tow car 3
satisfies his or her lien pursuant to subsection 2 or 3, the automobile 4
wrecker or operator of a tow car may request that the Department 5
issue an unbranded title for the vehicle. The Department shall issue 6
the unbranded title if the automobile wrecker or operator of a tow 7
car submits to the Department a certificate of inspection in such 8
form as the Department may prescribe which has been completed 9
and signed by a garage operator who operates a garage that is 10
registered pursuant to NRS 487.560, by the owner of a body shop 11
licensed pursuant to NRS 487.630, by a rebuilder licensed pursuant 12
to NRS 482.325 or by a qualified employee of such a garage, body 13
shop or rebuilder certifying that: 14
(a) The vehicle was inspected by the garage operator, owner, 15
rebuilder or employee; 16
(b) The vehicle meets the standards of the vehicle manufacturer 17
for mechanical fitness and safety; 18
(c) Any safety equipment, including, without limitation, 19
occupant restraint devices, which was present in the vehicle at the 20
time the vehicle was manufactured is present and operational to the 21
standards of the manufacturer and the provisions of 49 C.F.R. §§ 22
571.208 and 571.209; and 23
(d) The vehicle is in a condition to be operated safely on the 24
highways of this State. 25
5. Nothing in subsection 4 shall be construed as requiring the 26
Department to change the existing status of a certificate of title, 27
including, without limitation, any designation that a vehicle is a 28
salvage vehicle or rebuilt vehicle. 29
6. If the vehicle was removed from public property at the 30
request of a constable and the owner of the garage or automobile 31
wrecker satisfies his or her lien pursuant to subsection 2 or 3, the 32
owner of the garage or automobile wrecker shall transmit to the 33
constable the fee described in paragraph (d) of subsection [2] 1 of 34
NRS 258.125. 35
7. As used in this section: 36
(a) “Operator of a tow car” means the operator of a tow car who 37
holds a certificate of public convenience and necessity issued 38
pursuant to NRS 706.4463. 39
(b) “Unbranded title” means a certificate of title that does not 40
include a specified designation, including, without limitation, a 41
designation that a motor vehicle is a salvage vehicle or rebuilt 42
vehicle. 43
– 25 –
- *SB381*
Sec. 25. NRS 648.014 is hereby amended to read as follows: 1
648.014 “Process server” means a person, other than a peace 2
officer of the State of Nevada [,] or a civil enforcement officer who 3
is appointed pursuant to section 2 or 7 of this act, who engages in 4
the business of serving legal process within this State. 5
Sec. 26. The provisions of NRS 354.599 do not apply to any 6
additional expenses of a local government that are related to the 7
provisions of this act. 8
Sec. 27. NRS 31.920, 171.116 and 258.110 are hereby 9
repealed. 10
TEXT OF REPEALED SECTION S
31.920 Sheriff may take concealed property by force after
demand. If the property, or any part thereof, be concealed in a
building or enclosure, the sheriff shall publicly demand its delivery.
If it be not delivered, the sheriff shall cause the building or
enclosure to be broken open, and take the property into the sheriff’s
possession, and, if necessary, the sheriff may call to the sheriff’s aid
the power of the sheriff’s county.
171.116 When magistrate may depute person to act as
constable. A magistrate may depute in writing any suitable and
discreet person to act as constable when no constable is at hand and
the nature of the business requires immediate action.
258.110 Unlawful failure to arrest offender; penalty. Any
constable who willfully refuses to arrest any person charged with a
criminal offense is guilty of a gross misdemeanor and shall be
removed from office.
H