SB77 (2021) Detail

relative to fees for the services of sheriffs and deputy sheriffs.


SB 77-FN - VERSION ADOPTED BY BOTH BODIES

 

3Jun2021... 1363h

2021 SESSION

21-0841

08/04

 

SENATE BILL 77-FN

 

AN ACT relative to fees for the services of sheriffs and deputy sheriffs.

 

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Sen. Bradley, Dist 3

 

COMMITTEE: Finance

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill increases fees for certain services of sheriffs and deputy sheriffs.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3Jun2021... 1363h 21-0841

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to fees for the services of sheriffs and deputy sheriffs.

 

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

 

1  Fees of Sheriffs and Deputy Sheriffs.  Amend RSA 104:31, I-IX-b to read as follows:

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.

2  New Paragraph; Fees of Sheriffs and Deputy Sheriffs. Amend RSA 104:31 by inserting after paragraph XI the following new paragraph:

XII. The fees of sheriffs and deputy sheriffs specified in paragraphs I through IV and paragraphs VII through IX-b may be increased once annually by a vote of the county convention and the total increase shall not exceed the Consumer Price Index for All Urban Consumers, Northeast Region as published by the Bureau of Labor Statistics, United States Department of Labor using the amount published for the month of June in the year prior to the start of the fiscal year on a percentage basis.

3  Effective Date.  

I.  Section 2 shall take effect 60 days after passage.

II. The remainder of this act shall take effect July 1, 2021.

 

LBA

21-0841

Amended 6/4/21

 

SB 77-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2021-1363h)

 

AN ACT relative to fees for the services of sheriffs and deputy sheriffs.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

< $10,000

< $10,000

< $10,000

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$400,000

In excess of $400,000

In excess of $400,000

   Expenditures

$0

$0

$0

$0

 

 

 

 

 

METHODOLOGY:

This bill increases fees for certain services of 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 proposed fees bill represent 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:

 

 

 

Revenue

# of Civil Services

 

County

2017

2018

2019*

2017

2018

2019*

 

Hillsborough

$636,700

$578,760

$592,660

16,349

15,476

14,656

 

Rockingham

$396,860

$387,213

$454,659

8,566

8,585

8,724

 

Belknap

$100,568

$100,904

$103,923

2,847

2,796

2,944

 

Coos

$70,238

$82,206

$75,300

1,108

1,304

1,201

 

Grafton

$175,722

$169,950

$156,321

2,519

2,549

2,535

 

Strafford

$185,773

$180,076

$186,057

5,240

4,942

5,386

 

Merrimack

$309,612

$302,699

$309,302

7,027

6,855

7,226

 

Sullivan

$70,486

$65,413

$71,793

1,788

1,759

1,990

 

Cheshire

$73,362

$68,478

$73,404

2,590

2,495

2,707

 

Carroll

$80,030

$70,735

$75,414

1,784

1,637

1,584

 

TOTAL

$2,099,351

$2,006,433

$2,098,832

51,835

50,416

48,953

 

* 2019 amounts are projections.

 

 

 

 

 

 

 

 

Based on the information above 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).  Section 2 of the bill provides that the fees may be increased once annually by a vote of the county convention and such increase shall not exceed the Consumer Price Index for All Urban Customers, Northeast Region.

 

The Judicial Branch indicates in 2019, the Branch spent $8,837 on sheriffs’ service fees.  While it is anticipated that the increase in fees proposed by this bill would result in additional expenditures, the Judicial Branch does not anticipate that this increase will exceed $10,000.

 

AGENCIES CONTACTED:

New Hampshire Association of Counties and Judicial Branch

 

Links

SB77 at GenCourtMobile
SB77 Discussion

Action Dates

Date Body Type
Jan. 28, 2021 Senate Hearing
Feb. 18, 2021 Senate Floor Vote
May 10, 2021 House Hearing
House Floor Vote

Bill Text Revisions

SB77 Revision: 32697 Date: June 10, 2021, 2:22 p.m.
SB77 Revision: 32581 Date: June 4, 2021, 5:13 p.m.
SB77 Revision: 32014 Date: Jan. 20, 2021, 2:42 p.m.

Docket


June 10, 2021: Sen. Daniels Moved to Concur with the House Amendment, MA, VV; 06/10/2021; SJ 19


June 3, 2021: Ought to Pass with Amendment 2021-1363h: MA VV 06/03/2021


June 3, 2021: Amendment # 2021-1363h: AA VV 06/03/2021


: Committee Report: Ought to Pass with Amendment # 2021-1363h (Vote 21-0; CC) HC 26 P. 8


May 10, 2021: Public Hearing: 05/10/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92166004660 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Feb. 25, 2021: Introduced (in recess of) 02/25/2021 and referred to Finance HJ 4 P. 48


Feb. 18, 2021: Ought to Pass: RC 24Y-0N, MA; OT3rdg; 02/18/2021; SJ 5


Feb. 18, 2021: Committee Report: Ought to Pass, 02/18/2021; SC 11


Jan. 28, 2021: Remote Hearing: 01/28/2021, 09:30 am; Links to join the hearing can be found in the Senate Calendar; SC 8


Jan. 6, 2021: Introduced 01/06/2021 and Referred to Finance; SJ 3