Senate Study Bill 1273 - 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 2622XC (2) 86 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 2015, 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 2622XC (2) 86 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 including 12 courtesy notices for writs of possession, ten dollars. 13 Sec. 2. Section 331.655, subsection 1, Code 2015, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . p. For serving a writ, twenty-five dollars 16 per hour, unless a lower fee for serving an order of the court 17 is specified in this subsection. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to certain fees collected by the county 22 sheriff. 23 The bill raises fees for the serving and returning of 24 notice for each person from $15 to $25, and a fee for serving 25 additional persons in the same household is raised from $10 26 to $15. The bill raises the fee for warrants served from $20 27 to $25. The bill raises the fee for each person served a 28 subpoena from $20 to $30. The bill creates a separate fee for 29 summoning a jury (compensation commission) to assess damages 30 in a condemnation proceeding and sets the fee at $100. Under 31 current law, the sheriff is also allowed to charge a fee of 32 $100 per day for summoning and attending the jury (compensation 33 commission). 34 The bill raises the fee for serving an execution, 35 -2- LSB 2622XC (2) 86 aw/sc 2/ 3

S.F. _____ attachment, order for delivery of personal property, 1 injunction, or any other order of court from $15 to $25. The 2 bill also raises the fee for execution of a certificate or deed 3 for lands sold, or a bill of sale for personal property sold, 4 from $30 to $40. The bill raises the fee charged for the time 5 necessary to inventory personal property attached or levied 6 upon from $10 to $15 per hour. The bill provides that the 7 current $50 fee regarding a sale of property is for setting, 8 rather than attending, the sale. 9 The bill raises the hourly fee charged for the conveyance 10 of certain persons by order of a court or commission to a 11 public or private institution from $15 to $25 per hour. This 12 hourly fee change also applies to fees charged for delivering 13 defendants under change of venue provisions or the transferring 14 of arrested persons pursuant to the provisions of Code section 15 815.8. The bill also raises the fee for posting a notice or 16 advertisement from $5 to $10, and specifies that this fee shall 17 also be collected for courtesy notices for writs of possession. 18 The bill creates a fee of $25 per hour for serving a writ, 19 unless a lower fee for the sheriff’s serving of an order of the 20 court is otherwise specified. 21 -3- LSB 2622XC (2) 86 aw/sc 3/ 3