House Bill No. 253

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act requiring a state agency, other than a district court, to pay fees charged by a sheriff for services provided to the state agency; and amending section 7-32-2141, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 7-32-2141, MCA, is amended to read:

"7-32-2141.   Fees of sheriff. (1) For the services provided in subsections (1)(a) through (1)(n), the sheriff shall must receive the fees, if any, set by the county governing body. If fees have not been set by the county governing body, the sheriff shall must receive the following:

(a)  for the service of summons and complaint on each defendant, $5;

(b)  for making a return of a summons for a person not found in the county, in addition to actual mileage traveled, $5;

(c)  for levying and serving each writ of attachment of execution on real or personal property, $5;

(d)  for service of attachment on the body or order of arrest on each defendant, $5;

(e)  for the service of affidavit, order, and undertaking in claim and delivery, $5;

(f)  for serving a subpoena, $2.50 for each witness summoned;

(g)  for serving a writ of possession or restitution, $5;

(h)  for trial of the right of property or damages, including all services except mileage, $7;

(i)  for taking bond or undertaking in any case authorized by law, $5;

(j)  for serving every notice, rule, or order, $5 for each person served;

(k)  for a copy of any writ, process, or other paper when demanded or required by law, 25 cents for each page;

(l)  for posting notices and advertising any property for sale on execution or under any judgment or order of sale, exclusive of cost of publication, $5;

(m)  for holding any sheriff's sale for personal or real property on execution or under any judgment or order of sale, $7.50;

(n)  for cancellation or postponement of sheriff's sale, $5.

(2)  All fees collected by the sheriff for the services provided in subsection (1) must be paid to the county treasurer as provided in 7-4-2511(1), and the fees must be deposited by the county treasurer in the general fund of the county unless the county has instituted a public safety levy, in which case the fees must be deposited in the account established pursuant to 7-6-2513.

(3) Except for a district court, an agency of the state shall pay the fees established in subsection (1) for services provided by a sheriff pursuant to subsection (1)."