2000 SESSION

00-2032

09/01

HOUSE BILL 1537-FN

COMMITTEE: Judiciary

ANALYSIS

This bill increases the fees charged by sheriffs for service of legal process.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

00-2032

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

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 to read as follows:

104:31 Fees of Sheriffs and Deputy Sheriffs. The fees of sheriffs and deputy sheriffs shall be as follows:

I. For service of every writ, except as otherwise specifically provided, [$10; for every service of a writ of possession, $15; for service of every demand for rent, notice to quit, small claims notice, process, and notice of execution, $15; and for service of every subpoena, $15] $40.

II. For service of a bill, libel or petition, [$10; provided that service of a libel with restraining order shall be $25] $40.

III. For making an attachment of personal property or making a bulky attachment, [$15] $40.

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.

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] $.03; minimum fee, [$10] $40.

VI. For each day of any session of the superior court, the sheriff shall receive up to $40 a day; for each day's actual attendance of the superior court by order thereof, each deputy shall receive up to $40 a day; for each day's actual attendance at supreme court by order thereof, the sheriff and each deputy, up to $40 a day; in addition, the sheriff and each deputy, traveling expense to attend any court; for attending before a district or municipal court, on trials where a sheriff's or deputy sheriff's presence is required, up to $25 a day. The fees and expenses listed in this paragraph shall be audited and allowed by the court, to be assumed and paid for by the state upon presentation of the sheriff's or the deputy sheriff's bill. Any fees and expenses which exceed the amounts listed in this paragraph shall be paid out of the county treasury.

VII. For making copies of writs, each, $1.

VIII. 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, [$10] $40.

IX. For every service of a writ of attachment with a petition or writ of summons with a petition, [$10] $40; for every service of a writ of replevin, [$10] $40; for every non est return, [$6] $40.

X. For making a search, for taking an inventory, for conducting a sale or for waiting time, $10 per hour in addition to any other fees specified in this section.

XI. For each day worked by a deputy sheriff employed on a per diem basis for performing such duties as may be assigned by the sheriff, the sum of $40 a day plus traveling expense to attend to any official business assigned to him as a deputy sheriff.

XII. 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 January 1, 2001.

LBAO

00-2032

12/17/99

HB 1537-FN - FISCAL NOTE

FISCAL IMPACT: