SB 648-FN - AS AMENDED BY THE SENATE
SENATE BILL 648-FN
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Kahn, Dist 10; Rep. Eaton, Ches. 3
This bill increases fees for certain services of sheriffs and deputy sheriffs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/11/2020 1049s 20-2840
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. For service of every writ, except as otherwise specifically provided, [$25] $30; for every service of a writ of possession, [$25] $30; for service of every demand for rent, eviction notice, small claims notice, process, and notice of execution, [$25] $30; and for service of every subpoena,[ $25] $30.
II. For service of a bill, libel or petition, [$25] $30; provided that service of a petition with restraining order shall be [$30] $36.
III. For making an attachment of personal property or making a bulky attachment, [$25] $30.
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 sheriff's office or substation, and for travel to attend any court by the order thereof, to be reckoned from the sheriff's office or substation to the court, each mile, each way, at the current federal rate. Mileage shall be paid only once when service requested by the same party on multiple individuals related to the same case or matter living at the same address, building, or complex can be reasonably made on the same trip.
V. For levying executions, or sheriff sales or both, on the dollar, for the first $100 levied, [$.04] $.05; for all above $100, and not exceeding $500, [$.03] $.04; for all above $500, and not exceeding $1,000, [$.02] $.03; for all above $1,000,[ $.01] $.02; minimum fee,[ $10] $12.
VI. For making copies of writs, each page, $1; for postage and handling of writs, each, [$1] a minimum charge of $1 with a maximum not to exceed United States Postal Service rates.
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, [$25] $30.
VIII. For every service of a writ of attachment with a petition or writ of summons with a petition, [$30] $36; for every service of a writ of replevin, [$25] $30; for every non est return, [$10] $12.
IX. For making a search, for taking an inventory, for conducting a sale or for waiting time, [$25] $30 per hour for the first hour, additional time charged for 30 minute increments at $15 in addition to any other fees specified in this section.
IX-a. For service of a civil order of arrest,[ $25] $30 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] $30.
SB 648-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2020-1049s)
FISCAL IMPACT: [ ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
This bill increases the fees charged for civil services provided by county Sheriffs and Deputy Sheriffs. The New Hampshire Association of Counties indicates these fees were last increased in 2010 and costs have increased since that time. The bill represents an increase in civil service fees of approximately 20%. The Association provided the following fee revenue and number of civil services from each county, which may include multiple services for a single document and excludes postage and civil arrest fees:
* Projected revenue/civil services
** Budget Year (Some are calender year/some are Jul-Jun)
Based on the bill's estimated 20% increase and assuming a relatively level number of civil service fees, the bill would raise approximately $400,000 per year, beginning in FY 2021. ($2,000,000 x .20 = $400,000)
New Hampshire Association of Counties
|Jan. 28, 2020||Senate||Hearing|
|March 12, 2020||Senate||Floor Vote|
|March 11, 2020||Senate||Floor Vote|
|Jan. 8, 2020||Introduced 01/08/2020 and Referred to Judiciary; SJ 2|
|Jan. 28, 2020||Hearing: 01/28/2020, Room 100, SH, 09:40 am; SC 4|
|March 12, 2020||Committee Report: Ought to Pass with Amendment # 2020-1049s, 03/12/2020; Vote 5-0; CC; SC 10|
|March 11, 2020||Committee Report: Ought to Pass with Amendment # 2020-1049s, 03/11/2020; Vote 5-0; CC; SC 10|
|March 5, 2020||Sen. Kahn Moved to Concur with the House Amendment, MA, VV; 03/05/2020; SJ 5|
|March 11, 2020||Committee Amendment # 2020-1049s, AA, VV; 03/11/2020; SJ 6|
|March 11, 2020||Ought to Pass with Amendment 2020-1049s, MA, VV; OT3rdg; 03/11/2020; SJ 6|
|June 30, 2020||Introduced and Laid on Table MA VV 06/30/2020|