SB381 - Revises provisions relating to governmental administration. (BDR 20-1076)

(Reprinted with amendments adopted on April 16, 2025) FIRST REPRINT S.B. 381 - *SB381_R1* 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 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 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 – 2 – - *SB381_R1* 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 Section 11 of this bill removes a requirement for each constable of a township 43 whose population is 15,000 or more, or a township that has within its boundaries a 44 city whose population is 15,000 or more, to become certified by the Peace Officers’ 45 Standards and Training Commission as a category I or category II peace officer 46 within 1 year after the date on which the constable commences his or her term of 47 office or appointment. 48 Existing law: (1) requires any person who is a candidate for the office of 49 constable in a township whose population is 100,000 or more to be certified by the 50 Commission as a category I or category II peace officer before filing a declaration 51 of candidacy for the office; and (2) provides that a constable forfeits his or her 52 office if he or she does not maintain such a certification. (NRS 258.007) Section 11 53 instead: (1) requires that a person who is a candidate for the office of constable in a 54 township whose population is 100,000 or more in a county whose population is 55 100,000 or more to be certified by the Commission as a category I or category II 56 peace officer before filing a declaration of candidacy for the office; and (2) 57 provides that a constable forfeits his or her office if he does not maintain such a 58 certification. 59 – 3 – - *SB381_R1* Existing law authorizes a constable to appoint deputies who are authorized to 60 transact all official business pertaining to the office to the same extent as their 61 principals and sets forth certain requirements for such a position, including a 62 requirement for a person who is appointed as a deputy constable in certain 63 townships to be certified by the Commission as a category I or category II peace 64 officer before commencing his or her employment. (NRS 258.060) Section 13 of 65 this bill instead prohibits any deputy constable from being appointed unless he or 66 she is so certified. 67 Existing law requires a constable or deputy constable who is authorized to carry 68 a firearm to receive training approved by the Commission in the use of firearms at 69 least once every 6 months. (NRS 258.070) Section 15 of this bill requires such 70 training to include any continuing education that addresses firearms and is required 71 for a category II officer, including, without limitation, any requirements concerning 72 the demonstration of a minimum level of proficiency in the use of firearms. 73 Section 15 further prohibits, with certain exceptions, a constable from 74 executing any writ, warrant or other order of a court in a criminal case unless the 75 writ, warrant or order is delivered to the constable for execution by certain 76 appropriate persons. 77 Existing law authorizes the board of county commissioners in a county which 78 includes only one township to, by resolution, appoint the sheriff ex officio 79 constable to serve without additional compensation. Additionally, if a board of 80 county commissioners in a county whose population is less than 700,000 (currently 81 all counties other than Clark County) which includes more than one township or a 82 county whose population is 700,000 or more (currently only Clark County) 83 determines that the office of constable is not necessary in one or more townships, 84 existing law authorizes a board of county commissioners to abolish the office of 85 constable in a township and to appoint the sheriff ex officio constable. (NRS 86 258.010) Section 12 of this bill instead authorizes a board of county commissioners 87 in any county which includes more than one township to take such actions under 88 such circumstances. 89 Existing law authorizes a constable to perform, with respect to certain 90 provisions concerning writs of execution, garnishment and attachment, any of the 91 duties assigned to a sheriff and provides that the constable has all of the authority 92 granted to a sheriff with respect to such provisions. (NRS 21.111, 31.235) Sections 93 18 and 20 of this bill instead provide that for certain provisions concerning 94 remedies, including writs of attachment, garnishment and arrest and bail, as well as 95 certain provisions concerning the enforcement of certain judgments including writs 96 of execution or garnishment, a constable is authorized to perform any of the duties 97 assigned to a sheriff and provides that the constable has all of the authority granted 98 to a sheriff with respect to any process, writ or order in a civil case. 99 Existing law authorizes execution on a writ of garnishment to occur only if the 100 sheriff mails a copy of the writ with a copy of the notice of execution to the 101 defendant in a certain manner and provides that, in the case of a writ of 102 garnishment that continues for 180 days or until the amount demanded in the writ is 103 satisfied, a copy of the writ and the notice of execution need only be mailed once to 104 the defendant. (NRS 31.260) Section 21 of this bill instead: (1) requires the sheriff 105 to mail a copy of the writ of garnishment and the writ of execution with the copy of 106 the notice of execution; and (2) provides that in the case of a writ of garnishment 107 that continues for 180 days or until the amount demanded in the writ is satisfied, a 108 copy of the writ of execution and the notice of execution need only be mailed once 109 to the defendant. 110 Existing law requires, when six or more persons are unlawfully or riotously 111 assembled in any town, the sheriff of the county and the sheriff’s deputies or the 112 constable of the town and the justice of the peace to: (1) go among the persons so 113 assembled and command such persons in the name of the people of the United 114 – 4 – - *SB381_R1* States and the State of Nevada to disperse immediately; and (2) if such persons do 115 not disperse, arrest them. Further, existing law provides that a magistrate or officer 116 who neglects or refuses to proceed to the place of assembly and exercise such 117 powers is guilty of a misdemeanor. (NRS 269.230) Section 22 of this bill: (1) 118 removes such a duty from a magistrate or constable; (2) places such a duty upon the 119 chief of police or his or her peace officers; and (3) instead requires such a command 120 to only be given in the name of the people of the State of Nevada. 121 Existing law authorizes a magistrate to depute in writing any suitable and 122 discreet person to act as constable when no constable is at hand and the nature of 123 the business requires immediate action. (NRS 171.116) Existing law additionally 124 provides that any constable who willfully refuses to arrest any person charged with 125 a criminal offense is guilty of a gross misdemeanor and requires such a constable to 126 be removed from office. (NRS 258.110) Section 27 repeals such provisions. 127 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 of the county within which the sheriff legally holds and exercises 23 office. Revocations of such appointments must be recorded as 24 provided in this subsection. From the time of the recording of the 25 appointments or revocations thereof, persons shall be deemed to 26 have notice of the appointments or revocations. 27 4. The sheriff may require of his or her civil enforcement 28 officers such bonds as the sheriff deems proper. 29 – 5 – - *SB381_R1* 5. Nothing in this section shall be construed to confer upon a 1 civil enforcement officer the powers of a peace officer pursuant to 2 NRS 289.150 to 289.360, inclusive, or authorize a civil 3 enforcement officer appointed pursuant to this section to: 4 (a) Serve any process in a criminal case or a writ of habeas 5 corpus; 6 (b) Summon a jury; 7 (c) Enforce any order other than those described in subsection 8 2; or 9 (d) Execute an order of arrest. 10 Sec. 3. 1. A sheriff may enter into a contract with an 11 operator of an online auction for real property to sell real property 12 under execution pursuant to NRS 21.150 by an auction conducted 13 on the Internet website of the operator or other electronic means. 14 2. Nothing in this section shall [Text truncated for display. Full text available on LegiScan.]