Louisiana 2017 2017 Regular Session

Louisiana House Bill HB120 Engrossed / Bill

                    HLS 17RS-413	ENGROSSED
2017 Regular Session
HOUSE BILL NO. 120
BY REPRESENTATIVE JACKSON
SHERIFFS:  Provides for fees in civil matters
1	AN ACT
2To amend and reenact R.S. 13:5530(A)(1), (2), (4), and (12)(a), (b), and (c), relative to
3 sheriffs; to provide for an increase in certain fees in civil matters; to provide for a
4 contingent effective date; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 13:5530(A)(1), (2), (4), and (12)(a), (b), and (c) are hereby amended
7and reenacted to read as follows: 
8 ยง5530.  Fees in civil matters
9	A.  Sheriffs shall be entitled to no more than the following fees and
10 compensation of office in all civil matters:
11	(1)  For all service and returns of legal documents, notices, and subpoenas,
12 twenty - thirty dollars.
13	(2)  For execution of all writs and court orders, - thirty dollars; for each notice
14 of seizure and sale and returns thereon, twenty - thirty dollars; for return of any writ,
15 twenty - thirty dollars.
16	*          *          *
17	(4)  For preparing advertisement for newspapers, for each one hundred words
18 or part thereof, fifteen - thirty dollars.
19	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-413	ENGROSSED
HB NO. 120
1	(12)(a)  For executing writ of possession or writ of ejectment, twenty - thirty
2 dollars.
3	(b)  For service of each notice to vacate on defendant or occupants, twenty -
4 thirty dollars.
5	(c)  If the defendant or occupants do not vacate the premises named in the
6 writ upon service of notice to vacate and the sheriffs are required to do anything
7 further to obtain possession, they shall be entitled to an additional fee of twenty
8 thirty dollars.
9	*          *          *
10 Section 2.  In accordance with the provisions of R.S. 13:62, the increase in court
11costs or fees as provided for in this Act shall become effective if and when the Judicial
12Council provides a recommendation that such court costs or fees meet the applicable
13guidelines in its 2018 Report to the Louisiana Legislature.
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 120 Engrossed 2017 Regular Session	Jackson
Abstract: Provides for an increase in fees in certain civil matters to be paid to sheriffs.
Present law provides for fees in civil matters to be paid to sheriffs as compensation.
Proposed law retains present law but increases the fees as follows:
(1)Service and return of legal documents, notices, and subpoenas from $20 to $30.
(2)Notice of seizure and sale and returns from $20 to $30 and return of any writ from
$20 to $30.
(3)Preparation for advertisement in newspapers from $15 to $30.
(4)Execution for writ of possession or ejectment from $20 to $30.
(5)Service of notice to vacate from $20 to $30.
(6)Other actions to obtain possession of premises from $20 to $30.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-413	ENGROSSED
HB NO. 120
Proposed law provides for the increase in fees to become effective if and when the Judicial
Council reviews such request and makes a recommendation to the legislature in its 2018
report that the fees meet the applicable guidelines.
(Amends R.S. 13:5530(A)(1), (2), (4), and (12)(a), (b), and (c))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Remove the effective date of July 1, 2017, and provide that the increase in fees
will become effective if and when the Judicial Council reviews the request and
makes its recommendation to the legislature in its 2018 report.
2. Add technical amendments.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.