Bill Summary – FastDemocracy

LAW WITHOUT
                                                                  GOVERNOR'S               CHAPTER
                                                                  SIGNATURE
                                                                                                739
                                                                   MAY 7, 2022            PUBLIC LAW
                                  STATE OF MAINE
                                          _____
                           IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-TWO
                                          _____
                                   H.P. 621 - L.D. 853
 An Act To Increase the Fees Paid to Sheriffs and Their Deputies for Service
                        of Civil Process Documents
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 30-A MRSA §421, sub-§1, as amended by PL 1989, c. 6; c. 9, §2; c. 104,
Pt. C, §§8 and 10; and c. 303, is further amended to read:
    1. Civil process. For service of all writs or complaints with summonses, precepts,
notices, executions, court orders, orders of service, copies and all other civil process or
papers requiring service which that are not specified in this section:
    A. For proceedings in forma pauperis, $4 $8 for each such service and $8 $40 if the
    service is made in hand;
    B. For service on behalf of the State, $4 $8 for each such service and $8 $40 if the
    service is made in hand; and
    C. For all other proceedings, $8 $16 for each such service and $16 $40 if the service
    is made in hand;
    Sec. 2. 30-A MRSA §421, sub-§2, as amended by PL 1989, c. 6; c. 9, §2; c. 104,
Pt. C, §§8 and 10; and c. 303, is further amended to read:
    2. Disclosure subpoena. For the service of a disclosure subpoena as provided by Title
14, chapter 502, $16 $40;
    Sec. 3. 30-A MRSA §421, sub-§3, as enacted by PL 1987, c. 737, Pt. A, §2 and
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further
amended to read:
    3. Complaint for divorce. For the service of a complaint for divorce with a writ of
attachment by serving summonses and attested copy of the writ and complaint, or for the
service of a complaint for divorce with an order of court by attested copy, $8 $40;
    Sec. 4. 30-A MRSA §421, sub-§4, as amended by PL 1997, c. 5, §1, is further
amended to read:
                                   Page 1 - 130LR1193(06)
    4. Attachment of real estate. For the attachment of real estate at the registry of deeds,
$16 $40;
    Sec. 5. 30-A MRSA §421, sub-§5, as amended by PL 1997, c. 5, §1, is further
amended to read:
    5. Attachment of personal property; replevin. For the attachment of personal
property or for the service of a writ of replevin, $16 $40, and $10 more an hourly rate
determined by the sheriff to be charged for each hour after the first required for the service;
    Sec. 6. 30-A MRSA §421, sub-§6, as amended by PL 2009, c. 205, §3, is further
amended to read:
     6. Civil arrests and custody. For civil arrests and custody under the arrest, including
arrest and custody under paternity proceedings, $25 $60 and an hourly rate determined by
the sheriff to be charged for each hour after the first required for the service plus mileage
at a at least the same rate of 42¢ per mile as provided under Title 5, section 8;
    Sec. 7. 30-A MRSA §421, sub-§14, as amended by PL 1989, c. 6; c. 9, §2; c. 104,
Pt. C, §§8 and 10; c. 303; and c. 502, Pt. A, §112 and repealed and replaced by c. 878, Pt.
A, §82, is further amended to read:
    14. Search for persons to serve. For diligently searching for persons on whom they
are commanded to serve civil process when that party cannot be located at an address given
to the sheriff or the deputy sheriff by the plaintiff or the plaintiff's attorney when
commanding the service to be made, $10 $40, plus necessary travel mileage at at least the
same rate per mile as provided under Title 5, section 8; and
    Sec. 8. 30-A MRSA §421, 3rd ¶, as amended by PL 1997, c. 8, §1, is further
amended to read:
    In addition to the fees charged for service, travel may be charged for each mile actually
traveled at the same rate at which county government employees are reimbursed within that
county, except that all travel initiated on behalf of a state government agency must be
reimbursed at at least the same rate per mile as provided under Title 5, section 8.
    Sec. 9. 30-A MRSA §421, 4th ¶, as amended by PL 2005, c. 218, §5, is further
amended to read:
     The county commissioners of each county may require that the fees collected under
subsections 1, 2, 3, 5, 7, 12 and 14 be increased by $5, except that the fee paid by any state
agency or department may only be increased by $1 $25. The sheriff or deputy shall collect
this additional amount and pay it to the county treasurer for the use and benefit of the
county. The county commissioners may also require that the fees collected under
subsections 1 to 14 be increased by an amount equal to the cost of social security and other
withholding taxes on the fees payable under this section.
    Sec. 10. Appropriations and allocations. The following appropriations and
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Child Support 0100
                                    Page 2 - 130LR1193(06)
Initiative: Provides funding for an increase in the fees and travel reimbursement paid to
sheriffs and their deputies for service of civil process documents.
GENERAL FUND                                                   2021-22          2022-23
 All Other                                                          $0         $126,511
                                                            __________      __________
GENERAL FUND TOTAL                                                  $0         $126,511
FEDERAL EXPENDITURES FUND                                      2021-22          2022-23
 All Other                                                          $0         $245,581
                                                            __________      __________
FEDERAL EXPENDITURES FUND TOTAL                                     $0         $245,581
State-funded Foster Care/Adoption Assistance 0139
Initiative: Provides funding for an increase in the fees and travel reimbursement paid to
sheriffs and their deputies for service of civil process documents.
GENERAL FUND                                                   2021-22         2022-23
 All Other                                                          $0          $32,000
                                                            __________      __________
GENERAL FUND TOTAL                                                  $0          $32,000
HEALTH AND HUMAN SERVICES,
DEPARTMENT OF
DEPARTMENT TOTALS                                               2021-22         2022-23
  GENERAL FUND                                                      $0         $158,511
  FEDERAL EXPENDITURES FUND                                         $0         $245,581
                                                            __________      __________
DEPARTMENT TOTAL - ALL FUNDS                                        $0         $404,092
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Provides funding for an increase in the fees and travel reimbursement paid to
sheriffs and their deputies for service of civil process documents.
GENERAL FUND                                                   2021-22         2022-23
 All Other                                                          $0          $35,194
                                                            __________      __________
GENERAL FUND TOTAL                                                  $0          $35,194
JUDICIAL DEPARTMENT
DEPARTMENT TOTALS                                               2021-22         2022-23
  GENERAL FUND                                                      $0          $35,194
                                                            __________      __________
DEPARTMENT TOTAL - ALL FUNDS                                        $0          $35,194
                                  Page 3 - 130LR1193(06)
SECTION TOTALS                                     2021-22      2022-23
 GENERAL FUND                                           $0      $193,705
 FEDERAL EXPENDITURES FUND                              $0      $245,581
                                                __________   __________
SECTION TOTAL - ALL FUNDS                               $0      $439,286
                       Page 4 - 130LR1193(06)
Statutes affected: 
Bill Text LD 853, HP 621: 30-A.421
Bill Text ACTPUB , Chapter 739: 30-A.421