View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0145...................................by JUDICIARY, RULES AND ADMINISTRATION
SHERIFF'S FEES - Amends existing law to revise procedures relating to the
setting of certain sheriff's fees.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 62-0-8
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
Bolz, Bradford, Campbell, Cannon, Clark, Cuddy, Deal, Denney, Douglas,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,
Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,
Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Sali,
Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr.
Speaker
NAYS -- None
Absent and excused -- Barrett, Bieter, Collins, Crow, Eberle, Jones,
Rydalch, Wood
Floor Sponsor - Smith(24)
Title apvd - to Senate
02/17 Senate intro - 1st rdg - to Loc Gov
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Inram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Compton
Title apvd - to House
03/04 To enrol
03/05 Rpt enrol - Sp signed
03/06 Pres signed
03/07 To Governor
03/11 Governor signed
Session Law Chapter 39
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 145
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO SHERIFF'S FEES; AMENDING SECTION 31-3203, IDAHO CODE, TO REVISE
3 PROCEDURES RELATING TO THE SETTING OF CERTAIN SHERIFF'S FEES AND TO MAKE
4 TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 31-3203, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 31-3203. SHERIFF'S FEES. The board of county commissioners of each
9 respective county shall have the power to set sheriff's fees by a resolution
10 of the board for the services herein specified in an amount reasonably related
11 to but not exceeding the actual costs of such service. The sheriff is allowed
12 and may demand and receive such fees. In the event that the board of commis-
13 sioners does not resolve to set fees by resolution as herein described, tThe
14 sheriff is allowed and may demand and receive the fees hereinafter specified:
15 For serving summons and complaint, or any other process by which an action
16 or proceeding is commenced, on each defendant ......................... $10.00
17 For serving an attachment on property, or levying an execution, or execut-
18 ing an order of arrest, or order for the delivery of personal property
19 ....................................................................... $10.00
20 For his trouble and expense in taking and keeping possession of and pre-
21 serving property under attachment or execution, or other process, such sum as
22 the court may order: provided, however, that said sum shall be no more than
23 five dollars ($5.00) per diem or the reasonable costs incurred by a keeper in
24 preserving said property.
25 For making and issuing a keeper's receipt .......................... $5.00
26 For taking a bond or undertaking in any case in which he is authorized to
27 take the same ......................................................... $10.00
28 For copy of and making return on any writ, process or other paper, when
29 demanded or required by law ........................................... $10.00
30 For serving every notice, rule or order ........................... $10.00
31 For making and posting notices, and advertising property for sale on
32 attachment or execution, or under any judgment or order of sale, exclusive of
33 the costs of publication, each notice, per folio ...................... $ 3.00
34 For serving a writ of possession or restitution, putting a person in pos-
35 session of premises and removing the occupant ......................... $10.00
36 For holding each inquest, or trial of right of property, to include all
37 services in the matter except mileage ................................. $ 3.00
38 For serving a subpoena, for each witness summoned ................. $10.00
39 For commissions for receiving and paying over money on execution or other
40 process, when land or personal property has been levied on and sold, on the
41 first one thousand dollars ($1,000), two per cent percent (2%); on all sums
42 above that amount, one per cent percent (1%); but in no case of sale of real
43 estate shall his commission exceed the sum of ........................ $100.00
2
1 When the amount of such sale is credited on the debt and no money is
2 transferred, then one-half (1/2) of such commission.
3 For commissions for receiving and paying over money on execution without
4 levy, or where lands or goods levied on are not sold, on the first one thou-
5 sand dollars ($1,000), one and one-half per cent percent (1 1/2%); and one-
6 half (1/2) of one per cent percent (1%) on all over that sum, but not to
7 exceed in any case .................................................... $75.00
8 The fees herein allowed for the levy of an execution, costs for advertis-
9 ing and percentage for making or collecting the money on execution, must be
10 collected from the judgment debtor by virtue of such execution, in the same
11 manner as the sum therein directed to be made.
12 For drawing and executing a sheriff's deed, including the acknowledgment,
13 to be paid by the grantee before delivery ............................. $10.00
14 For executing a certificate of sale, exclusive of the filing and recording
15 of same ............................................................... $ 5.00
16 For making every arrest in a criminal proceeding .................. $ 5.00
17 For summoning each juror .......................................... $ 1.00
18 For serving a subpoena in a criminal action or proceeding, for each wit-
19 ness summoned ......................................................... $10.00
20 For traveling to serve any summons and complaint, or any other process by
21 which an action or proceeding is commenced, notice, rule, order, subpoena,
22 venire, attachment on property, to levy an execution, to post notice of sale,
23 to sell property under execution or other order of sale, or execute an order
24 of arrest, or order for the delivery of personal property, writ of possession
25 or restitution, to hold inquest or trial of right of property, for each mile
26 actually and necessarily traveled for the first twenty-five (25) miles no
27 charge shall be allowed, and for any miles traveled over twenty-five (25)
28 miles, even if process is not served, the following shall be allowed, in going
29 only ................................................................... $ .40
30 For traveling to execute any warrant of arrest, subpoena, venire or other
31 process in criminal cases, or for taking a prisoner from prison, before a
32 court or magistrate, or for taking a prisoner from the place of arrest to
33 prison, or before a court or magistrate, for each mile actually and necessar-
34 ily traveled, in going only ............................................ $ .40
35 For each additional prisoner taken at the same time, per mile ...... $ .25
36 But if any two (2) or more papers be required to be served in the same
37 action or proceeding, civil or criminal, or be in the possession of the sher-
38 iff for service at the same time, and in the same direction, one (1) mileage
39 only shall be charged; and in serving a subpoena, venire, process or paper,
40 when two (2) or more jurors, witnesses, parties or persons to be served reside
41 or are found in the same direction, traveling fees must be charged only for
42 the most distant; and only one (1) mileage per day must be charged for taking
43 a prisoner from prison before a court or magistrate; and constructive mileage
44 must in no case be charged or allowed.
45 For all services under the election laws, the same mileage and fees as in
46 this chapter provided for similar services.
47 For copy of and making an interim return on a continuing garnishment to
48 show disbursement of moneys held by the sheriff ........................ $5.00
49 For postage and processing of each mail renewal class D driver's license
50 authorized pursuant to section 49-319, Idaho Code ...................... $1.00
STATEMENT OF PURPOSE
RS 12681
The purpose of this bill is to allow the counties to set
sheriff s service of process fees in an amount reasonably
related to the actual cost of such service, but not to exceed
such actual cost. Idaho Code 63-1311 currently allows counties
to set fees based upon actual cost, but the current version of
the sheriff s fees statute does not allow for this flexibility.
FISCAL IMPACT
This bill will have no effect on the general fund of the
state of Idaho.
CONTACT: Michael J. Kane(Phone 342-4545)
Idaho Sheriffs Association
STATEMENT OF PURPOSE/FISCAL NOTE H 145