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Senate Study Bill 1088

Bill Text

PAG LIN
  1  1    Section 1.  Section 331.655, subsection 1, paragraphs a, b,
  1  2 c, e, f, g, h, k, l, m, and n, Code 2001, are amended to read
  1  3 as follows:
  1  4    a.  For serving a notice and returning it, for the first
  1  5 person served, ten fifteen dollars, and each additional
  1  6 person, ten fifteen dollars except the fee for serving
  1  7 additional persons in the same household shall be five ten
  1  8 dollars for each additional service, or if the service of
  1  9 notice cannot be made or several attempts are necessary, the
  1 10 repayment of all necessary expenses actually incurred by the
  1 11 sheriff while attempting in good faith to serve the notice.
  1 12    b.  For each warrant served, fifteen twenty dollars, and
  1 13 the repayment of necessary expenses incurred in executing the
  1 14 warrant, as sworn to by the sheriff, or if service of the
  1 15 warrant cannot be made, the repayment of all necessary
  1 16 expenses actually incurred by the sheriff while attempting in
  1 17 good faith to serve the warrant.
  1 18    c.  For serving and returning a subpoena, for each person
  1 19 served, fifteen twenty dollars, and the necessary expenses
  1 20 incurred while serving subpoenas in criminal cases or cases
  1 21 relating to hospitalization of persons with mental illness.
  1 22    e.  For summoning a jury to assess the damages to the
  1 23 owners of lands taken for works of internal improvement, and
  1 24 attending them, sixty two hundred dollars per day, and
  1 25 necessary expenses incurred.  This subsection does not allow a
  1 26 sheriff to make separate charges for different assessments
  1 27 which can be made by the same jury and completed in one day of
  1 28 ten hours.
  1 29    f.  For serving an execution, attachment, order for the
  1 30 delivery of personal property, injunction, or any order of
  1 31 court, and returning it, ten fifteen dollars.
  1 32    g.  For making and executing a certificate or deed for
  1 33 lands sold on execution, or a bill of sale for personal
  1 34 property sold, twenty-five thirty dollars.
  1 35    h.  For the time necessarily employed in making an
  2  1 inventory of personal property attached or levied upon, eight
  2  2 ten dollars per hour.
  2  3    k.  For attending sale of property, thirty fifty dollars.
  2  4    l.  For conveying one or more persons to a state, county,
  2  5 or private institution by order of court or commission,
  2  6 necessary expenses for the sheriff and the person conveyed and
  2  7 ten fifteen dollars per hour for the time necessarily employed
  2  8 in going to and from the institution, the expenses and hourly
  2  9 rate to be charged and accounted for as fees.  If the sheriff
  2 10 needs assistance in taking a person to an institution, the
  2 11 assistance shall be furnished at the expense of the county
  2 12 court.
  2 13    m.  For serving a warrant for the seizure of intoxicating
  2 14 liquors, one dollar five dollars; for the removal and custody
  2 15 of the liquor, actual expenses; for the destruction of the
  2 16 liquor under the order of the court, one dollar five dollars
  2 17 and actual expenses; for posting and leaving notices in these
  2 18 cases, one dollar five dollars and actual expenses.
  2 19    n.  For posting a notice or advertisement, one dollar five
  2 20 dollars.
  2 21    Sec. 2.  Section 642.22, subsection 1, paragraph d, Code
  2 22 2001, is amended by striking the paragraph and inserting in
  2 23 lieu thereof the following:
  2 24    d.  The garnishment is released by the sheriff at the
  2 25 request of the plaintiff or the plaintiff's attorney.  
  2 26                           EXPLANATION
  2 27    This bill increases the fees which the county sheriff shall
  2 28 collect for serving various notices, warrants, orders,
  2 29 summons, executions, and subpoenas by amounts ranging from $2
  2 30 to $5, and increases the hourly or daily fees for attending
  2 31 property sales, summoning and attending juries, or conveying
  2 32 patients to and from public institutions.
  2 33    The fee increases are as follows:
  2 34    1.  For serving and returning notices, from $10 to $15 for
  2 35 the first and each additional person served except in the same
  3  1 household where the fee for each additional person is
  3  2 increased from $5 to $10.
  3  3    2.  For each warrant served, from $15 to $20.
  3  4    3.  For serving and returning a subpoena, from $15 to $20.
  3  5    4.  For summoning a jury to assess the damages to property
  3  6 owners for works of internal improvement, and attending the
  3  7 jury, from $60 to $200 per day.
  3  8    5.  For serving an execution, attachment, order for
  3  9 delivery of personal property, injunction, or court order and
  3 10 returning the same, from $10 to $15.
  3 11    6.  For making and executing a certificate or deed for
  3 12 lands sold on execution, or bill of sale for personal property
  3 13 sold, from $25 to $30.
  3 14    7.  For time employed in making an inventory of property
  3 15 attached or levied upon, from $8 to $10 per hour.
  3 16    8.  For attending a sale of property, from $30 to $50.
  3 17    9.  For conveying one or more persons to a state, county,
  3 18 or private institution by court or commission order, from $10
  3 19 to $15 per hour.  If the sheriff needs assistance in making
  3 20 the conveyance, the assistance shall be furnished at the
  3 21 expense of the court.  Currently the assistance is furnished
  3 22 at the expense of the county.
  3 23    10. For serving a warrant for seizure of liquor, from $1 to
  3 24 $5, for destruction of liquor under court order, from $1 to $5
  3 25 and actual expenses, and for posting and leaving notices in
  3 26 liquor cases, from $1 to $5 and actual expenses.
  3 27    11.  For posting a notice or advertisement, from $1 to $5.
  3 28    Concerning the release of a garnishment, Code section
  3 29 642.22 is amended so that a garnishment may be released by the
  3 30 county sheriff without formally serving notice to the
  3 31 garnishee, if the garnishment is released at the request of
  3 32 the plaintiff or the plaintiff's attorney.  
  3 33 LSB 1965SC 79
  3 34 tj/gg/8

Text: SSB01087                          Text: SSB01089
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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