(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 628-Committee on Judiciary
June 21, 1997
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Referred to Committee on Judiciary
SUMMARY--Revises provisions governing number of justices of the peace authorized in certain townships. (BDR 1-1828)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to justices' courts; revising the provision governing the number of justices of the peace authorized in 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 NRS 4.020 is hereby amended to read as follows:
4.0201. There must be one justice's court in each of the townships of the state, for which there must be elected by the qualified electors of the township at least one justice of the peace. Except as otherwise provided in subsection [2, the qualified electors of the township may increase] 3, the number of justices of the peace in a township must be increased according to the population of the township, as certified by the governor in even-numbered years pursuant to NRS 360.285, in accordance with and not to exceed the following schedule:
(a) In a county whose population is 400,000 or more, one justice of the peace for each 100,000 population of the township, or fraction thereof.
(b) In a county whose population is 100,000 or more and less than 400,000, one justice of the peace for each 50,000 population of the township, or fraction thereof.
(c) In a county whose population is less than 100,000, one justice of the peace for each 34,000 population of the township, or fraction thereof.
(d) If a township includes a city created by the consolidation of a city and county into one municipal government, one justice of the peace for each 30,000 population of the township, or fraction thereof.
2. Except as otherwise provided in subsection 3, if the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township, the new justice or justices of the peace must be elected at the next ensuing biennial election.
3. If the schedule set forth in subsection 1 [allows] provides for an increase in the number of justices of the peace in a township and, in the opinion of a majority of the justices of the peace in that township, the case load does not warrant an additional justice of the peace, the justices of the peace shall notify the director of the legislative counsel bureau and the board of county commissioners of their opinion [.] on or before March 15 of the even-numbered year in which the population of the township provides for such an increase. The director of the legislative counsel bureau shall submit the opinion to the next regular session of the legislature for its consideration. If the justices of the peace transmit such a notice to the director [,] of the legislative counsel bureau and the board of county commissioners, the number of justices [may] must not be increased during that period unless the legislature, by resolution, expressly approves the increase.
[3.] 4. Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.
[4.] 5. The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate must be filed in the office of the secretary of state as evidence of the official character of that officer.
Sec. 2 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.