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Home My WebLink Aboutbocc.res.128.2010A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REPEALING RESOLUTIOIV NO. 001-2002 AND ESTABLISHING FEES CHARGED BY THE PITKIN COUNTY SHERIFF'S OFFICE RELATING TO THE SERVICE OF PROCESS PURSUANT TO 2010 AMENDMENTS TO §§ 30-1-104, 30-1-105.5, 30-1-106, 30-1-107, AND 30-1-116, C.R.S. (HOUSE BfLL 10-1057) RESOLUTION NO �r� 8- 2010 Recitals 1. C.R.S. § 30-1-104 authorizes counties to fix certain Sheriff's fees (based on actual expenses) and mileage by Resolution and to collect the same. 2. Article X Section 5.7 of the Pitkin County Home Rule Charter (HRC) authorizes the Board of County Commissioners ("BOCC") to establish fees to be charged and collected by the sheriff. 3. Pursuant to C.R.S. § 30-1-104 and HRC Article X Section 5.7 the BOCC last adopted Resolution No. 001-2002 establishing fees for the Pitkin County Sheriff's Office civil process billings. 4. The Colorado Legislature enacted certain amendments to §§ 30-1-104, 30-1-105, 30-1-105.5, 30-1-106, 30-1-107 and 30-1-116, C.R.S. in House Bill 10-1057, effective August 11, 2010, concerning certain fees collected by sheriffs in civil actions and the authorized mileage rate which allows county sheriffs to charge a mileage rate. 5. The Sheriff's Office has determined it is necessary to update the fees to bring its current fee structure in compliance with House Bill 10-1057. 6. The BOCC establishes the rate of mileage paid each year pursuant to the Internal Revenue Service ("IRS") Publication #463 - Travel, Entertainment, Gift and Car Expenses. The 2010 rate of $.50 per mile paid to county officials and employees to conduct county business is fair, reasonable, lawful and appropriate and that such fee should be charged for each mile actually and necessarily traveled in serving writ, subpoena, or other process. 7. The mileage rate for future years shall be set yearly pursuant to the IRS Publication #463 as paid to Pitkin County officials and employees to conduct county business and such fee shall be charged for each mile actually and necessarily traveled in serving writs, subpoenas, or other process. 8. The fees set forth in Exhibit A attached hereto and incorporated by this reference shall supersede and rescind the fees which the Sheriff's Office is authorized to charge, as setforth in Resolution No. 001-2002. Resolution # �� Page 2 NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Pitkin County, State of Colorado, hereby repeals Resolution No.001-2002 and hereby approves and establishes the civil fees as allowed pursuant to § 30-1-104 C.R.S. and HRC Article X Section 5.7, collected by the sheriff or his/her designated representatives, for serving and returning various writs and processes and performing other duties under state law as contained in Exhibit A attached hereto and incorporated by this reference. FURTHER BE IT RESOLVED that mileage rates shall be set yearly pursuant to the IRS Publication #463 as paid to Pitkin County officials and employees to conduct county business and such fee shall be charged for each mile actually and necessarily traveled in serving writs, subpoenas, or other process. The Sheriff's Office shall post its Schedule of Fees in a location accessible to the public pursuant to § 30-1-108, C.R.S., as amended. IN� CED, FIRST READ, AND SET FOR PUBLIC HEARING ON . P � � �J� � G/l/ , 2010. N-TI OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON O r 3 � , 20�0 _� �PTED AFTER FINAL READING AND PUBLIC HEARING ON r.��e� /� �'�lD , 2010. PUBLISHED BY TITLE�q S�IORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON U/'�/pd.ri °�� ° .14/G� , 2010. � Jones County Clerk Date: /0- /3- �D/6 APPROVED AS TO FORM: ` ,� ��..� John Ely ttorne Y 2�.Y/.�f�i'��4-�- � ° Robert C. Braudis County Sheriff BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO / U.2�.p2 , �,�� ^-' George N�wman, hair A�l a 1 la.cN Phylis attice Interim ounty Manager �-- _ .. . �.e.._w.�..._.�. . �.�� CIVIL FEES EFFECTIVE AUGUST 11, 2010 Listed below is the fee structare for Civil Process Fees under 30-1-104, in accordance with House Bill 10-1057, as approved by the Pitkin County Board of Commiseioners on *, 2010. This resolution shall take effect *, 2010. 1. For serving and returning a summons or other writ of process in a criminal acrion not specified in this section, with or without complaint attached, on each party served, in counties of every class; 2. For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served; 3. For making a return on a summons in a criminai action not served, 4. For making a return on a summons in other than a criminal action not served, for each party; 5. For serving and returning each subpoena in a criminal action on each witness; 6. For serving and returning each subpoena in other than a criminal action on each witness; 7. For making return on a subpoena in a criminat action not served; 8. For making return on a subpoena in other than a criminal action not served; � 9. For serving each juror; 10. For serving and returning writ of attachment or replevin on each party, in counties of every class, mileage as described in Section III.B. herein, and actual expenses; � 11. For serving garnishee summons on each party; 12. In making demand for payment on executions when payment is not made; 13. For levying execufion or writ of attachment, besides actual custodial and transportation costs necessazily incuned in counties of every class, mileage as described in Section III.B. of -----.-.-this-resolution and acYual_expenses,-_ 14. For levying writ of replevin, besides actual custodial and transportation costs necessarily incurred in counties of every class, mileage, as described in Section III.B herein, and actual expenses; Proposed Current I Fee Fee � $15.00 $15.00 $35.00 $35.00 $5.00 $5.00 �20.00 $16.00 $7.50 $7.00 $60.00 �60.00 $5.00 $5.00 $20.00 $1G.00 $10.00 $Actual .50 mile $20.00 $1.00 $Actual $Actual $10.00 $Actual .36 mile $20.00 � $1.00 $Actual $Actual � 15. No custodian shail be appointed by the sheciff to take custody of goods by hian or her attached, nor shall any deputy be placed in charge thereof, unless the plaintiff or his or her attorney sl�all request the appointment of such custodian in writing; such custodian or deputy shall receive twelve dollazs ($12.00) per diem of twelve hours or fraction thexeof which shall be ta�ced as costs in the case; 16. For making and filing for record a certificate of levy on attachment or other cases, in counties of every class, actual 11. 18. 19. 20. 21. 22. 23. 24. 25. 2�` expenses; For committing and discharging convicted prisoners to and from the county jail, in counties of every class, a reasonable fee, not to exceed thirty dollazs ($30.00), which fee shall be collected directly from prisoners at the time of commitment, but shall be refunded to any prisoner who is not convicted; For serving writ with aid of posse Comitatus with actual expenses necessarily incurred in executing said writ, in counties of every class, actual expenses, but not more than sixty dollars ($60.00); for serving same without aid in counties of every class, actual expenses, but not more than four dollars ($4.00); For attending before any judge, court not being in session, with prisoners with writ of habeas corpus for each day of twelve hours or fraction thereof; For attending courts of record when in session, per diem of twelve hours, or fraction thereof, in counries of every class, twelve dollars ($12.00); but the attendance upon the couniy court shall be certified by the judge of said court at the close of each month; For advertising property for sale, besides the actual cost of the advertising, in counties of every class, actual expenses; For making certificates of sale previous to execution of deed, or on sales of personal property, in counties of every class, actual expenses, For executing and acknowledging deed of sale of real estate, in counties of every class, actual expenses; For taking, approving, and returning bond in any case, in counties of every; For executing eapias or warrant in criminal cases, on each prisoner named therein; r'or transporting insane�or o�lier prisoners� Tiesid"es fhe actual expenses necessazily incurred, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state o�cers and employees under § 24- 9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by ihe charter of a home rule county, and for the service of mittimus or other $12.00 $12.00 $30.00 $30.00 $30.00 $30.00 $60.00 $60.00 $12.00 �12.00 $12.00 $12.00 530.00 $30.00 �30.00 $30.00 $40.00 �40.00 $10.00 $10.00 �2.00 $2.00 ai�.vu P�� ai2.U0 mileage plus milcage � ' 27. 28. 29. 30. process ozder, whether written or otherwise, in trausporting prasoners, in counties of every class, not less than twelve cents per mile nor more than the masimum mileage allowance provided for state off'icers and employees under § 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that such mileage shall be only by one officer and no mileage shall be chazged upon the guards attending the officer in chsrge of custody of the prlsoner and further encept that the guards attending the officer in charge of the prisoner shall receive, besides the expenses necessarily incurred, the sum o£ twelve dollars ($12.00) per diem of twelve honrs, or fraction thereof, to be paid out of the county ueasury; For his or her services in sales of re�l estate on an execution or decree, order of court, or other court process, besides actual expenses, in counties of every class on all bids under three thousand dollars ($3,000.00) twenty dollars ($20.00); and on all sums bid over three thousand dollazs ($3,000.00), one percent; but such commission shall in no case exceed the sum of one hundred dollazs ($1QQ.00); For money coliected by sale of personal property, in counties of every class, on all sums bid under five hundred dollars ($500.00) five percent; on ail sums bid over five hundred dollazs ($500.00) five percent; on all sums bid ovex five hundred dollars ($500.00) and under one thousand dollars ($1,000.00), six percent; and on all swns bid over one thousand dollazs ($1,000.00), seven percent; but no fee shait be charged foz an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollazs ($100.00); For money collected or settlements made without sale, after writ of execution, attachment, or replevin has been placed in his/her hands, and levy or demand for payment has been made on the proper party, on all amounts under five hundred dollars ($500.00), three percent; on all amounts over five hundred dollars ($500.00) and under one thousand dollars ($1,000.00), two percent; on alt amounts over one thousand ($I,000.00), one and one-half percent; but the fee in no case shall exceed the sum of one hundred fifty dollars ($150.00); and the plaintiffor any -person-�alEi�ag a�y-sstYle,�en�-shail-be-liable-to-the-s}i�a�f-#'or----- such fees; For pursuing and capturing or pursuit without capture, each prisoner chazged with the commission of any crime denominated a felony, beyond the limits of the county, ail necessazy expenses of such puzsuit, upon a verified, itemized account being presented for the same together with twelve �100.00 $100.00 Percentage Percentage Percentage Percentage $12.00 $12.00 � dollars ($12.00) per diem of twelve hours for the time occupied in such pursuit; 31. For serving and returning writ of ne exeat or body attachment, in counties of every class, actual expenses; 32. For serving copy of execution when making levy on shares of stock under execution, on each party served, in counties of every class, actual expenses; 33. For making certificates of levy on shares, or otherwise, in counties of every class, actual expenses; 34. Far making return on execution, in counfies of every class, actual e�cpenses; 35. For executing certifieate of redemption, in counties of every class, actual expenses; 36. For service and execution of any writ of restitution or order of possession of premises, besides actual transportadon costs necessarily incurred in counties of every class, actual expenses not to exceed two hundred dollars ($200.00), except that a Sheriff may charge for actual expenses in excess of two hundred dollazs if the work perfozmed exceeds two hours in duration. A Sheriff may chaxge a fee under this paragraph (36) after the sheriff has provided a detailed accounting of his or her actual expenses to the person requestin� such service. Actual transportation costs assessed pursuant to this pazagraph shall only be charged once pez location for each service or execution; 37. Pursuant to § 30-1-104(2) C.R.S., as amended, "aMual expenses" means those personnel and processing costs incurred in typing, processing, filing, and serving said process papers but does not include milea�e 38. 39. � -------- -- - �- Mileage set for 2010 Mileage shall be charged at the mileage rate authorized for County officials and empioyees for each mile actually and necessarily traveled in serving each writ, subpoena, or other pxocess. The BOCC establishes the rate of mileage paid each year pursuant to the Intemal Revenue Service ("IRS") Publication #463 — Travel, Entenainment, Gift and Car Expenses. The Sheriffs Office will post the current mileage rate set by the Board of County Commissloners in a location accessible to the public pursuant to § 30-1-1OS, C.R.S., as amended i wv vic in�x� i nrr,naSERVED�ON'i'H�SAIM�' PEitSON -� OR DIFFERENT P�RSOI3S AT T'HE SA,ME TIME AND PLACE TN SAME ACTION Pursuant to § 30-i-105.5, C.R.S., as amended, in situations when two or more papers are served on the same person or different persons at the same time and place and in the same action, the $20.00 �20.00 $fi0.00 $60.00 $30.04 $30.00 560.00 $60.00 �30.00 $30.04 $200.00 Actual expenses $200.00 Actual expenses ACTUAL $ .50 ACTiIAL ACTUAL $ .36 ACTUAL � Sheriff shall charge the highestindividual fee allowable pursuant to § 30-i-104, C.R.S. for the frst process and an additional ten dollars ($10.00) for each subsequent process served. The Sheriff shall charge the single zone mileage based fee for the first process. 41. BILLING ACCOUNTS Pursuani to § 30-1-106(2) and (3), C.R.S., as amended, the Pitkin County Sheriff's O�ce has the authority to establish billing accounts for ]icensed attorneys and licensed coilection agencies that have a principle office Iocated in the state of Colorado. The Sheriff's Office Civil Section has the authority to develop standardized procedures for billing the accounts authorized herein, including the ability to suspend the billing privileges of any entity for nonpayment of a fee upon demand or other good cause shown. � NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the b'tlt or taken other action on it, piease consult the legislative status sheet, the legislative history, or the Session Laws. ��`/'''� �"�. �-�i �'\ ,� �.�� • ��`�.......� HOU5E BTLL 10-1057 BY REPRESENTATIVE(S) Ryden, Court, Pace, Schafer S., Todd; also Sk�NATOR(S} Spence, Williams. CONCERNING FEES CHARGED BY COUNTY SHERIFFS RELATING TO THE SERVICE OF PROCESS. Be it eruzcted by the General Assembly of the State of Colarado: SECTION ]. 30-1-104 (1) (b.5), (1) (d.5), and (1) (h.5), Cotorado Revised Statutes, are amended to read: 30-1-104. Fees of sheriff. (1) Fees collected by sheriffs shall be as follows: (b.5) For making a return on a summons in other than a criminal action not served, for each parry, in counties of every ctass, actual expenses, -.._ h �llar�� (d.5) For making A retum on a subpoena in other than a criminal action not served, in counties of every class, actual expenses, but not more than sixteeri'['wENTV dollazs; (h.5) FoR mileage: Capita[ leiters indicate new materia! added to ezisting slatutes; dashes rhrough words indicate deletions from existing s7atutes and such material not part of act. � / (I� NOT TO EXCEED THE MILEAGH RATE AUTHORIZED FOR COUNTY OFFICIALS AND EMPLOYEES PURSUANT TO SECTION 30-11-1Q7 (1) (t), fOr each mile actually and necessarily traveled in serving each writ, subpoena, or other process in ,art AC'r1oN other than a criminal action; Q:�..� -�:,. ,,.,.. s; � 9 ( �{ ( , , —�1� ,�_. / 1 , � ppyy HL4V�u�4Yll��JLV��r)tiuVVYV�aa��C�VJaZ�Z� VU��VYVVY+la4laV[L)�J� „��' 1 � Q1311� W��iLaL mwv GaG+a �a.v ova � vu� v � (`( J � uu�.�i Lv v,.. v�... p RYiµGL1 lL1�VU�V Vl[� J1a(ilA LV WLV VYV` �1.Nrai �/.lL(v�M1� Cul4 �l�v 4V�� tlr��4.��Y ��1'"' �YYv:livu:.C� a��ivaA� La�. ��.+�.aul Wtui�iaiiS o�.i vu.Ca v�� aai, uay� �R (II) ASHERIFFMAYLSTABLISHAZONE-ORZIPCODE-BASEDMILEAGE FEE STRUCTUR�. THE LONE- OR ZIP CODE-BASED MILEAGE FEE STRUC'CURE SHALL ESTABLISH A SINGLE MILEAGE FEE FOR THE SERVICE OF ANY WRIT, SUBPOENA, OR OTH�R PROCESS IN AN ACTION, OTHER THAN A CRIMINAL ACT10N, IN EACH SEPARA'1'E ZONE OR ZIP CODE, AS APPLICABLE, IN THE COUNTY. THE APPLICABLE SINGLE MILEAGE FEE FOR A ZONE OR ZIP COD� SI-iALL BE CHARGED FOR ALL PAPERS SERVED IN THE ZONE OR ZIP CODE REGARDLESS OF THE NUMBER OF ATTEMPTS OR ACTUAL MILEAGE TRAVELED BY A SHERIPF WITHIN THE ZONE OR ZIP CODE DURING A SHERiFF'S OPERATIONAL PERIOD. THE SINGLE MILEAGE FEES FOR EACH ZONE OR ZIP CODE SHALL BE SET BY RESOLUTION OF THC BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY AND POSTED PURSUANT TO SECTION 30-1-108. SECTION 2. Repeal. 30-1-105, Colorado Revised Statutes, is repealed as follows: 30-1-105. Constructive mileage not allowed. �'la.... a.., a:....:�k u... ��.0 : rr .. �,. . �. ru�...w �ar .lw owy... r .... o�...... .... �::f L v:f y... o...,o aC . JG44V 4�1�Y Gu�ll �KV� ua CI�V JWA�� 4Vr1V11� �av ua4j V��CU�V �uC��K.L.v i)Vt(1� i� •� � VL �ailG0.\�YV atvVVJJC41l� � � ( 14VV v� Vtll,' VLaVv �0.vii vv4�'� 414u Fi�s �vatJUUVUa�Y iaal�VUbv JiaCLa� �� UiavYr�.�I. SECT'ION 3. Part 1 of article 1 of title 30, Colorado Revised Statutes, is amended BY THB ADDITION OF A NEW SECTION to read: - - -------- -------------- -- - -------- 30-i-105.5. Two or more papers served on same person or different persons at same time and place in same action. (1) ExcEPras PROVIDED IN SUBSECTION (2) OF THTS SECTION, WHGN ANY SHERIFF SF,RVES TWO OR MORE PAPERS ON TH8 SAM� PERSON, OR SERVES PAPERS ON PAGE 2-HOUSE BILL 10-1057 � DIFFEAENT PERSONS AT THE SAM& TIME AND PLACE IN TAE SAME ACTION, THE SHERIFF SHALL CHARGE THE HIGHEST INDIVIDUAL FEE ALLOWABLE PURSIIANT TO SBCTION 30-1-104 FOR THE FIRST PROCESS AND AN ADDITIONAL TEN AOLLARS FOR EACH SUBSEQUENT PROCESS SERVED. (2} IF A COUNTY HAS ADOPTED A ZONE- OR ZIP CODE-BASED MILEAGE FSE STRllCTURE, AS THAT TCRM IS DESCRIBED IN SECTION 30-1-104 (1) (h.5) (II) WHEN ANY SHERIFF SERVES TWO Olt MORE PAPERS ON THE SAME PERSON, OR SERVES PAPERS ON DIFFERENT PERSONS AT THE SAME TIME AND PLACE 1N THE SAME ACTION, THE SHERIFF SHALL CHARGE THE SINGLE ZONE- OR ZIP CODE-BASED MILEAGE FEE FOR THE FIRST PROCESS AND AN ADDITIOS3AL TEN DOLLARS FOR EACH SUBSEQUENT PROCESS SERVED. SECTION 4. 30-1-106, Colorado Revised 3tatutes, is amended to read: 30-1-106. Service must be made upon offer or tender of fees. (1) No sheriff shall refuse to serve any writ, summons, or notice requested by any person entitled to such service, when offered or tendered the fees ailowed by law for such service; nor shall he ox sxa charge, demand, or receive any greater sum or compensation or allowance. (2� A SHERIFF SHALL HAVE THE AUTHOR7TY TO ESTABLISH BILLING ACCOUNTS FORLICENSED A7TORNEYS AND LICENSED COLLECTION AGENC3ES THAT HAV6 A PRINCIPAL OFFICE LOCATED IN TSE STATE. (3� A SHERIFF SHALL HAVE THE AUTf[ORITY TO DEVELQP AND PU$LISH STANDARDIZED AROCEDUKES FOR BILLING THE ACCOUNTS AUTHORIZEDBYSUBSECTION(2}OFTHISSECTION. SUCHPROCEDU1tESMAY INCLUDE THE ABILITY TO SUSPEND THE BILLING PRIVILEGES OF ANY ENTITY FOR NONPAYMENT OF A FEE UPON DEMAND OR OTHER GOOD CAUSE SHOWN. SECTION 5. 30-1-107, Colorado Revised Statutes, is amended to read: 30-1-107. Penalty for violation - duties. Any sheriff who violates �..y .,� U.., N ....:s:.,..� :. � SECTION 30-1-1 U6 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five nor more than fifty dollars for each offense and ite is liable to any person aggrieved to pay all loss, damage, and PAGE 3-HOL7SE BILL 10-1057 /D expenses, including attorney fees in prosecuting or suing such of�cer, which such aggrieved person may sustain by reason of such violation. The sheriff and itis THE SxERIFF'S deputies shall be subject to �l.o r .:, v:s:.,.w ,i' ��*�T*a-i-i�5 �..,� �' - 6 sECTroN 30-i-106. SECTION 6. 30-1-116 (1), Colorado Revised Statutes, is amended to read: 30-1-116. Officers shall coliect fees in advance. (1) EXCEPT As PROVIDED IN SECTION 30-1-106 every officer shalI collect every fee, as prescribed, for services performed by him oR HER in advance, if the same can be ascertained, and when any officer negligently or willfully fails to collect any such fee, the same shail be chazged against his oR HCR salary. 3ECTION ?. Act subject to petition - effective date - applicability. (I) This act shall take effect at 12:OS a.m. on the day following the expiration of the ninety-day period after final adjoumment of the general assembly (August 1 l, 2010, if adjoumment sine die is on May 12, 2010); except that, if a referendum petition is filed pursuant to section 1(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shalt not take effect unless approved by the people at the general election to be held in November 2�10 and shall take effect on the date of the official declazation of the vote thereon by the govemor. PAGE 4-HOUSE BILL 10-1057 // (2) The provisions of this act shall apply to fees collected by sheriffs on or after the applicable effective date of this act. Terrance D. Carroll SPEAK�R OF THE HOUSE OF REPRESENTATIVES Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES APPROVED Brandon C.Shaffer PRESIDENT OF TF� SENATE Karen Goldman SECRETARY OF TFTE SENATE Bill Ritter, Jr. GOV�RNOR OF THE STATE OF COLORADO PAGE 5-HOUSE BILL 10-1057 />