Senate Study Bill 1173 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON BOLKCOM) 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 2136XC (2) 85 aw/sc
S.F. _____ Section 1. Section 331.655, subsection 1, paragraphs a, b, 1 c, e, f, g, h, k, l, and n, Code 2013, are amended to read as 2 follows: 3 a. For serving a notice and returning it, for the first 4 person served, fifteen twenty-five dollars, and each additional 5 person, fifteen twenty-five dollars except the fee for serving 6 additional persons in the same household shall be ten fifteen 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 twenty-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 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, one hundred 23 dollars, and attending them, one hundred dollars per day, and 24 necessary expenses incurred. This subsection does not allow 25 a sheriff to make separate charges for different assessments 26 which can be made by the same jury and completed in one day of 27 ten hours. 28 f. For serving an execution, attachment, order for the 29 delivery of personal property, injunction, or any order of 30 court, and returning it, fifteen twenty-five dollars. 31 g. For making and executing a certificate or deed for lands 32 sold on execution, or a bill of sale for personal property 33 sold, thirty forty dollars. 34 h. For the time necessarily employed in making an inventory 35 -1- LSB 2136XC (2) 85 aw/sc 1/ 3
S.F. _____ of personal property attached or levied upon, ten fifteen 1 dollars per hour. 2 k. For attending setting a sale of property, fifty 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 n. For posting a notice or advertisement, five ten dollars. 12 Sec. 2. Section 331.655, subsection 1, Code 2013, is amended 13 by adding the following new paragraphs: 14 NEW PARAGRAPH . p. For the necessary time employed in 15 attending the service of a writ, twenty-five dollars per hour. 16 NEW PARAGRAPH . q. For electronic submissions to the clerk 17 of court, twenty dollars per electronic file submitted. 18 EXPLANATION 19 This bill relates to certain fees collected by the county 20 sheriff. 21 The bill raises fees for the serving and returning of 22 notice for each person from $15 to $25, and a fee for serving 23 additional persons in the same household is raised from $10 24 to $15. The bill raises the fee for warrants served from $20 25 to $25. The bill raises the fee for each person served a 26 subpoena from $20 to $30. The bill creates a separate fee for 27 summoning a jury (compensation commission) to assess damages 28 in a condemnation proceeding and sets the fee at $100. Under 29 current law, the sheriff is also allowed to charge a fee of 30 $100 per day for attending the jury (compensation commission). 31 The bill raises the fee for serving an execution, 32 attachment, order for delivery of personal property, 33 injunction, or any other order of court from $15 to $25. The 34 bill also raises the fee for execution of a certificate or deed 35 -2- LSB 2136XC (2) 85 aw/sc 2/ 3
S.F. _____ for lands sold, or a bill of sale for personal property sold, 1 from $30 to $40. The bill raises the fee charged for the time 2 necessary to inventory personal property from $10 to $15 per 3 hour. The bill provides that the current $50 fee regarding a 4 sale of property is for setting, rather than attending, the 5 sale. 6 The bill raises the hourly fee charged for the conveyance 7 of certain persons by order of a court or commission to a 8 public or private institution from $15 to $25 per hour. This 9 hourly fee change also applies to fees charged for delivering 10 defendants under change of venue provisions or the transferring 11 of arrested persons pursuant to the provisions of Code section 12 815.8. The bill also raises the fee for posting a notice or 13 advertisement from $5 to $10. 14 The bill creates a fee of $25 per hour for the necessary 15 time employed to attend the service of a writ. The bill also 16 creates a fee for electronic submissions to the clerk of court. 17 The bill sets the fee at $20 per electronic file submitted. 18 -3- LSB 2136XC (2) 85 aw/sc 3/ 3