Bill Text: IA SSB1052 | 2017-2018 | 87th General Assembly | Introduced

---

Bill Title: A bill for an act relating to certain fees collected by the county sheriff.

Spectrum: Committee Bill

Status: (N/A - Dead) 2017-03-23 - Subcommittee recommends passage. [SSB1052 Detail]

Download: Iowa-2017-SSB1052-Introduced.html

---

Senate Study Bill 1052 - Introduced
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:
TLSB 2243XC (4) 87
aw/nh

S.F. _____
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
-1-
LSB 2243XC (4) 87
aw/nh 1/ 3

S.F. _____
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
-2-
LSB 2243XC (4) 87
aw/nh 2/ 3

S.F. _____
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.
-3-
LSB 2243XC (4) 87
aw/nh 3/ 3