Senate Concurrent Resolution No. 10-Committee on Legislative Affairs and Operations
February 19, 1997
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Referred to Committee on Legislative Affairs and Operations
SUMMARY--Directs Legislative Commission to conduct interim study of fees, fines, forfeitures and administrative assessments imposed and collected by courts. (BDR R-1386)
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
SENATE CONCURRENT RESOLUTION--Directing the Legislative Commission to conduct an interim study concerning the fees, fines, forfeitures and administrative assessments which are imposed and collected by the courts of the State of Nevada.
Whereas, The courts of this state, pursuant to authority set forth in the Nevada Revised Statutes, impose and collect a growing number of fees, fines, forfeitures and administrative assessments; and
Whereas, It has become apparent that differing interpretations of the terms "fee," "fine," "forfeiture" and "administrative assessment" may affect the lawfully permissible uses to which money obtained from each of those sources may be put following collection by a court of this state; and
Whereas, The residents of the State of Nevada have an interest in ensuring that money collected by the courts of this state in the form of fees, fines, forfeitures and administrative assessments is expended only in accordance with the constitution and laws of this state; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Legislative Commission is hereby directed to conduct an interim study concerning the fees, fines, forfeitures and administrative assessments which are imposed and collected by the courts of the State of Nevada; and be it further
Resolved, That the Legislative Commission shall appoint a subcommittee to conduct the study which must include an analysis of:
1. The authority pursuant to which the courts of this state impose and collect fees, fines, forfeitures and administrative assessments and the differing purposes, if any, for the imposition and collection of each;
2. Whether the courts are collecting all the fees, fines, forfeitures and administrative assessments imposed and, if not, recommend procedures to ensure that all fees, fines, forfeitures and administrative assessments imposed are collected;
3. Statutory language, court decisions and other relevant authorities to determine how the courts and agencies of this state should properly characterize and use the terms "fee," "fine," "forfeiture" and "administrative assessment"; and
4. The permissible uses to which money collected in the form of fees, fines, forfeitures and administrative assessments imposed by the courts of this state may be put; and be it further
Resolved, That any recommended legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee; and be it further
Resolved, That the Legislative Commission shall submit a report of its findings and any recommendations for legislation to the 70th session of the Nevada Legislature.