Bill Text - SB346 (2010)

Relative to sheriffs' fees for service of civil process.


Revision: May 20, 2010, midnight

SB 346-FN-LOCAL – VERSION ADOPTED BY BOTH BODIES

05May2010… 1554h

2010 SESSION

10-2763

09/01

SENATE BILL 346-FN-LOCAL

AN ACT relative to sheriffs’ fees for service of civil process.

SPONSORS: Sen. Odell, Dist 8; Rep. Rodeschin, Sull 2

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill increases sheriffs’ fees for service of civil process. The bill also establishes a new sheriff’s fee to be charged to the defendant on any civil order of arrest unless the defendant, upon motion, shows the court good cause for failure to appear.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05May2010… 1554h

10-2763

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to sheriffs’ fees for service of civil process.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Sheriff’s Fees for Service of Civil Process. Amend RSA 104:31 to read as follows:

104:31 Fees of Sheriffs and Deputy Sheriffs. At the time of the initial request for any of the following services, the required fees and mileage may be paid. The fees of sheriffs and deputy sheriffs shall be as follows:

I. For service of every writ, except as otherwise specifically provided, [$15] $25; for every service of a writ of possession, [$15] $25; for service of every demand for rent, eviction notice, small claims notice, process, and notice of execution, [$15] $25; and for service of every subpoena, [$15] $25.

II. For service of a bill, libel or petition, [$15] $25; provided that service of a petition with restraining order shall be [$25] $30.

III. For making an attachment of personal property or making a bulky attachment, [$15] $25.

IV. In every county for actual travel to serve any writ, notice, subpoena, process or execution, to be reckoned from the place of service to the residence of the officer, and for travel to attend any court by the order thereof, to be reckoned from the residence of the officer to the court, each mile, each way, [$.45] at the current federal rate.

V. For levying executions, or sheriff sales or both, on the dollar, for the first $100 levied, $.04; for all above $100, and not exceeding $500, $.03; for all above $500, and not exceeding $1,000, $.02; for all above $1,000, $.01; minimum fee, $10.

VI. For making copies of writs, each, $1; for postage and handling of writs, each, $1.

VII. For leaving the copy and return required in the attachment of real estate at the office or the dwelling house of a register of deeds, [$15] $25.

VIII. For every service of a writ of attachment with a petition or writ of summons with a petition, [$15] $30; for every service of a writ of replevin, [$15] $25; for every non est return, $10.

IX. For making a search, for taking an inventory, for conducting a sale or for waiting time, [$15] $25 per hour in addition to any other fees specified in this section.

IX-a. For service of a civil order of arrest, $25 to be charged to the defendant unless the defendant, upon motion, shows the court good cause for failure to appear.

IX-b. With the exception of civil orders of arrest under paragraph IX-a, for service whenever in-hand service is required by court order or court rule, an additional $25.

X. The state shall reimburse the sheriff's office, within available funds appropriated by the legislature, $65 for each full day and $35 for each half day, plus traveling expenses to attend any official business, for any person employed as a bailiff by the sheriff's office. For the purpose of this paragraph, a half day shall be defined as a day in which a bailiff works 4 hours or less. The state shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing court bailiffs, if those costs are the result of job requirements imposed by federal and state governments.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

10-2763 Amended 05/06/10

SB 346 FISCAL NOTE

AN ACT relative to sheriffs’ fees for service of civil process.

FISCAL IMPACT:

      The New Hampshire Association of Counties states this bill, as amended by the House (Amendment #2010-1554h), will increase county revenue and decrease county expenditures by an indeterminable amount in FY 2010 and each year thereafter. There is no fiscal impact on state and local revenue or expenditures.

METHODOLOGY:

    The New Hampshire Association of Counties states this bill increases sheriffs’ fees for service of civil process and establishes a $25 fee for service of a civil order of arrest to be charged to the defendant unless the defendant shows the court good cause for failure to appear. The Association states the fees and any increases are paid by the individuals who use the services. The changes in the existing fees for sheriffs’ services and the addition of the $25 fee for service of a civil order of arrest will more accurately reflect the actual costs of providing the services. To the extent individual services are provided, county revenue would increase. County expenditures would decrease to the extent county funds are no longer expended to pay for the unreimbursed portion of the sheriffs’ services that are provided. The Association is not able to estimate the fiscal impact of this bill as it does not know what type of services will be utilized and at what frequency.