(On Behalf of the Administrative Office of the Courts)
January 27, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Authorizes collection of certain fees and administrative assessments in municipal and justices' courts. (BDR 1-356)
FISCAL NOTE: Effect on Local Government: No.
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 courts; providing for the collection of certain fees in municipal courts; authorizing the collection of an administrative assessment for the provision of court facilities in additional counties and cities; 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 5.073 is hereby amended to read as follows:
5.073 1. The practice and proceedings in the municipal court must conform, as nearly as practicable, to the practice and proceedings of justices' courts in similar cases. An appeal perfected transfers the action to the district court for trial anew, unless the municipal court is designated as a court of record as provided in NRS 5.010. The municipal court must be treated and considered as a justice's court whenever the proceedings thereof are called into question.
2. Each municipal judge shall charge and collect such fees prescribed in NRS 4.060 that are within the jurisdictional limits of the municipal court.
Sec. 2 NRS 176.0611 is hereby amended to read as follows:
176.0611 1. A county [whose population is 400,000 or more] or a city , [located within such a county,] upon recommendation of the appropriate court, may, by ordinance, authorize the justices or judges of the justices' or municipal courts within its jurisdiction to impose for not longer than 25 years, in addition to an administrative assessment imposed pursuant to NRS 176.059, an administrative assessment for the provision of court facilities.
2. Except as otherwise provided in subsection 3, in any jurisdiction in which an administrative assessment for the provision of court facilities has been authorized, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment.
3. The provisions of subsection 2 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
4. The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court's docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
5. If the justice or judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;
(b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to this section; and
(c) To pay the fine.
6. The money collected for administrative assessments for the provision of court facilities in municipal courts must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center which includes the municipal courts.
(b) Construct or acquire additional facilities for the municipal courts or a regional justice center which includes the municipal courts.
(c) Renovate or remodel existing facilities for the municipal courts.
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center which includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.
(e) Acquire advanced technology for use in the additional or renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center which includes the municipal courts.
Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
7. The money collected for administrative assessments for the provision of court facilities in justices' courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall deposit the money received to a special revenue fund. The county may use the money in the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for the justices' courts or a regional justice center which includes the justices' courts.
(b) Construct or acquire additional facilities for the justices' courts or a regional justice center which includes the justices' courts.
(c) Renovate or remodel existing facilities for the justices' courts.
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justices' courts or a regional justice center which includes the justices' courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.
(e) Acquire advanced technology for use in the additional or renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justices' courts or a regional justice center which includes the justices' courts.
Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the county general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The county treasurer shall provide, upon request by a justice's court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
8. If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.
Sec. 3 NRS 266.550 is hereby amended to read as follows:
266.550 1. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justices' courts, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of such city or of this chapter, of a police or municipal nature . [; but the] The trial and proceedings in such cases [shall] must be summary and without a jury.
2. The powers of the municipal court include the power to charge and collect those fees authorized pursuant to NRS 5.073.
Sec. 4 This act becomes effective upon passage and approval.