Senate Study Bill 1052 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON FEENSTRA) A BILL FOR An Act relating to certain fees collected by the county 1 sheriff. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2243XC (4) 87 aw/nh

S.F. _____ Section 1. Section 331.655, subsection 1, paragraphs a, b, 1 c, e, f, g, h, k, l, m, and n, Code 2017, are amended to read 2 as follows: 3 a. For serving a notice and returning it, for the first 4 person served, fifteen thirty dollars, and each additional 5 person, fifteen thirty dollars except the fee for serving 6 additional persons in the same household shall be ten twenty 7 dollars for each additional service, or if the service of 8 notice cannot be made or several attempts are necessary, the 9 repayment of all necessary expenses actually incurred by the 10 sheriff while attempting in good faith to serve the notice. 11 b. For each warrant served, twenty thirty-five dollars, 12 and the repayment of necessary expenses incurred in executing 13 the warrant, as sworn to by the sheriff, or if service of the 14 warrant cannot be made, the repayment of all necessary expenses 15 actually incurred by the sheriff while attempting in good faith 16 to serve the warrant. 17 c. For serving and returning a subpoena, for each person 18 served, twenty thirty-five dollars, and the necessary expenses 19 incurred while serving subpoenas in criminal cases or cases 20 relating to hospitalization of persons with mental illness. 21 e. For summoning a jury to assess the damages to the owners 22 of lands taken for works of internal improvement, and attending 23 them, one two hundred dollars per day, and necessary expenses 24 incurred. This subsection does not allow a sheriff to make 25 separate charges for different assessments which can be made by 26 the same jury and completed in one day of ten hours. 27 f. For serving an execution, attachment, order for the 28 delivery of personal property, injunction, or any order of 29 court, and returning it, fifteen thirty dollars. 30 g. For making and executing a certificate or deed for lands 31 sold on execution , fifty dollars , or for making and executing a 32 bill of sale for personal property sold, thirty dollars. 33 h. For the time necessarily employed in making an inventory 34 of personal property attached or levied upon, ten twenty 35 -1- LSB 2243XC (4) 87 aw/nh 1/ 3

S.F. _____ dollars per hour. 1 k. For attending setting a sale of property, fifty 2 seventy-five dollars. 3 l. For conveying one or more persons to a state, county, or 4 private institution by order of court or commission, necessary 5 expenses for the sheriff and the person conveyed and fifteen 6 twenty-five dollars per hour for the time necessarily employed 7 in going to and from the institution, the expenses and hourly 8 rate to be charged and accounted for as fees. If the sheriff 9 needs assistance in taking a person to an institution, the 10 assistance shall be furnished at the expense of the county. 11 m. For serving a warrant for the seizure of intoxicating 12 liquors, five ten dollars; for the removal and custody of the 13 liquor, actual expenses; for the destruction of the liquor 14 under the order of the court, five ten dollars and actual 15 expenses; for posting and leaving notices in these cases, five 16 ten dollars and actual expenses. 17 n. For posting a notice or advertisement, five ten dollars. 18 Sec. 2. Section 331.655, subsection 1, Code 2017, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . p. For the necessary time employed in 21 attending the service of a writ, twenty-five dollars per hour. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to certain fees collected by the county 26 sheriff. 27 The bill raises fees for the serving and returning of 28 notice for each person from $15 to $30, and a fee for serving 29 additional persons in the same household is raised from $10 to 30 $20. The bill raises the fee for warrants served from $20 to 31 $35. The bill raises the fee for each person served a subpoena 32 from $20 to $35. The bill raises the fee for summoning a jury 33 (compensation commission) to assess damages in a condemnation 34 proceeding from $100 to $200 a day and removes the requirement 35 -2- LSB 2243XC (4) 87 aw/nh 2/ 3

S.F. _____ that the sheriff attend the jury. 1 The bill raises the fee for serving an execution, 2 attachment, order for delivery of personal property, 3 injunction, or any other order of court from $15 to $30. The 4 bill also establishes a new separate fee for execution of a 5 certificate or deed for lands sold and sets the fee at $50. 6 Under current law, the fee for that service and for making and 7 setting a bill of sale for personal property sold is set at 8 $30. The bill raises the fee charged for the time necessary to 9 inventory personal property from $10 to $20 per hour. The bill 10 changes current law by establishing a fee for setting the sale 11 of property, rather than attending the sale. The bill also 12 raises the fee from $50 to $75. 13 The bill raises the hourly fee charged for the conveyance 14 of certain persons by order of a court or commission to a 15 public or private institution from $15 to $25 per hour. This 16 hourly fee change also applies to fees charged for delivering 17 defendants under change of venue provisions or the transferring 18 of arrested persons pursuant to the provisions of Code section 19 815.8. The bill raises both the fee for serving a warrant 20 for the seizure of intoxicating liquor and the fee for the 21 destruction of liquor by court order from $5 to $10. The bill 22 also raises the fee for posting a notice or advertisement from 23 $5 to $10. 24 The bill also creates a fee of $25 per hour for the necessary 25 time employed to attend the service of a writ. 26 -3- LSB 2243XC (4) 87 aw/nh 3/ 3