SSB 1052 (LSB 2243XC (4) 87)

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 sheriff.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.655, subsection 1, paragraphs a, b, c, e, f, g, h, k, l, m, and n, Code 2017, are amended to read as follows:
   a.  For serving a notice and returning it, for the first person served, fifteen thirty dollars, and each additional person, fifteen thirty dollars except the fee for serving additional persons in the same household shall be ten twenty dollars for each additional service, or if the service of notice cannot be made or several attempts are necessary, the repayment of all necessary expenses actually incurred by the sheriff while attempting in good faith to serve the notice.
   b.  For each warrant served, twenty thirty-five dollars, and the repayment of necessary expenses incurred in executing the warrant, as sworn to by the sheriff, or if service of the warrant cannot be made, the repayment of all necessary expenses actually incurred by the sheriff while attempting in good faith to serve the warrant.
   c.  For serving and returning a subpoena, for each person served, twenty thirty-five dollars, and the necessary expenses incurred while serving subpoenas in criminal cases or cases relating to hospitalization of persons with mental illness.
   e.  For summoning a jury to assess the damages to the owners of lands taken for works of internal improvement, and attending them, one two hundred dollars per day, and necessary expenses incurred. This subsection does not allow a sheriff to make separate charges for different assessments which can be made by the same jury and completed in one day of ten hours.
   f.  For serving an execution, attachment, order for the delivery of personal property, injunction, or any order of court, and returning it, fifteen thirty dollars.
   g.  For making and executing a certificate or deed for lands sold on execution, fifty dollars, or for making and executing a bill of sale for personal property sold, thirty dollars.
   h.  For the time necessarily employed in making an inventory of personal property attached or levied upon, ten twenty dollars per hour.
   k.  For attending setting a sale of property, fifty seventy-five dollars.
   l.  For conveying one or more persons to a state, county, or private institution by order of court or commission, necessary expenses for the sheriff and the person conveyed and fifteen twenty-five dollars per hour for the time necessarily employed in going to and from the institution, the expenses and hourly rate to be charged and accounted for as fees. If the sheriff needs assistance in taking a person to an institution, the assistance shall be furnished at the expense of the county.
   m.  For serving a warrant for the seizure of intoxicating liquors, five ten dollars; for the removal and custody of the liquor, actual expenses; for the destruction of the liquor under the order of the court, five ten dollars and actual expenses; for posting and leaving notices in these cases, five ten dollars and actual expenses.
   n.  For posting a notice or advertisement, five ten dollars.
    Sec. 2.  Section 331.655, subsection 1, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  p.  For the necessary time employed in attending the service of a writ, twenty-five dollars per hour.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to certain fees collected by the county sheriff.
   The bill raises fees for the serving and returning of notice for each person from $15 to $30, and a fee for serving additional persons in the same household is raised from $10 to $20. The bill raises the fee for warrants served from $20 to $35. The bill raises the fee for each person served a subpoena from $20 to $35. The bill raises the fee for summoning a jury (compensation commission) to assess damages in a condemnation proceeding from $100 to $200 a day and removes the requirement that the sheriff attend the jury.
   The bill raises the fee for serving an execution, attachment, order for delivery of personal property, injunction, or any other order of court from $15 to $30. The bill also establishes a new separate fee for execution of a certificate or deed for lands sold and sets the fee at $50. Under current law, the fee for that service and for making and setting a bill of sale for personal property sold is set at $30. The bill raises the fee charged for the time necessary to inventory personal property from $10 to $20 per hour. The bill changes current law by establishing a fee for setting the sale of property, rather than attending the sale. The bill also raises the fee from $50 to $75.
   The bill raises the hourly fee charged for the conveyance of certain persons by order of a court or commission to a public or private institution from $15 to $25 per hour. This hourly fee change also applies to fees charged for delivering defendants under change of venue provisions or the transferring of arrested persons pursuant to the provisions of Code section 815.8. The bill raises both the fee for serving a warrant for the seizure of intoxicating liquor and the fee for the destruction of liquor by court order from $5 to $10. The bill also raises the fee for posting a notice or advertisement from $5 to $10.
   The bill also creates a fee of $25 per hour for the necessary time employed to attend the service of a writ.