SB648: relative to fees for the services of sheriffs and deputy sheriffs.

SB 648-FN - AS AMENDED BY THE SENATE

03/11/2020 1049s

2020 SESSION

20-2840

08/04

SENATE BILL 648-FN

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

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Kahn, Dist 10; Rep. Eaton, Ches. 3

COMMITTEE: Judiciary

ANALYSIS

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

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 Effective Date. This act shall take effect July 1, 2020.

LBAO

20-2840

Amended 5/22/20

SB 648-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-1049s)

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

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

Estimated Increase / (Decrease)

COUNTY:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

Approximately

$400,000

Approximately

$400,000

Approximately

$400,000

Expenditures

$0

$0

$0

$0

METHODOLOGY:

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:

Revenue

Civil Services

2017

2018

2019*

2017

2018

2019*

Hillsborough

$636,700.05

$578,759.64

$592,659.64

16349

15476

14656

Rockingham

$396,859.97

$387,212.97

$454,659.04

8566

8585

8724

Belknap

$100,567.93

$100,903.56

$103,922.67

2847

2796

2944

Coos

$70,237.87

$82,205.97

$75,300.00

1108

1304

1201

Grafton

$175,721.68

$169,950.05

$156,321.21

2519

2549

2535

Strafford

$185,772.89

$180,075.60

$186,057.37

5240

4942

5386

Merrimack

$309,611.95

$302,699.41

$309,301.61

7027

6855

7226

Sullivan

$70,486.15

$65,413.10

$71,792.79

1788

1759

1990

Cheshire

$73,362.12

$68,478.00

$73,404.00

2590

2495

2707

Carroll

$80,029.86

$70,734.67

$75,413.84

1784

1637

1584

TOTAL

$2,099,350.47

$2,006,432.97

$2,098,832.17

51835

50416

48953

* 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)

AGENCIES CONTACTED:

New Hampshire Association of Counties