Second Regular Session H.B. 2288
COMMITTEE ON PUBLIC SAFETY, MILITARY AND TECHNOLOGY
SENATE AMENDMENTS TO H.B. 2288
(Reference to House engrossed bill)
Page 1, after line 43, insert:
"Sec. 2. Section 11-445, Arizona Revised Statutes, is amended to read:
11-445. Fees chargeable in civil actions by sheriffs and constables; constables' standardized daily activity logs
A. The sheriff shall receive the following fees in civil actions:
1. For serving each true copy of the original summons in a civil suit, sixteen dollars, except that the sheriff shall not charge a fee for service of any document pursuant to section 13‑3602 or any injunction against harassment pursuant to section 12‑1809 if the court indicates the injunction arises out of a dating relationship.
2. For summoning each witness, sixteen dollars.
3. For levying and returning each writ of attachment or claim and delivery, forty‑eight dollars.
4. For taking and approving each bond and returning it to the proper court when necessary, twelve dollars.
5. For endorsing the forfeiture of any bond required to be endorsed by the sheriff, twelve dollars.
6. For levying each execution, twenty‑four dollars.
7. For returning each execution, sixteen dollars.
8. For executing and returning each writ of possession or restitution, forty‑eight dollars plus a rate of forty dollars per hour per deputy or constable for the actual time spent in excess of three hours.
9. For posting the advertisement for sale under execution, or any order of sale, twelve dollars.
10. For posting or serving any notice, process, writ, order, pleading or paper required or permitted by law, not otherwise provided for, sixteen dollars except that posting for a writ of restitution shall not exceed ten dollars.
11. For executing a deed to each purchaser of real property under execution or order of sale, twenty‑four dollars.
12. For executing a bill of sale to each purchaser of real and personal property under an execution or order of sale, when demanded by the purchaser, sixteen dollars.
13. For services in designating a homestead or other exempt property, twelve dollars.
14. For receiving and paying money on redemption and issuing a certificate of redemption, twenty‑four dollars.
15. For serving and returning each writ of garnishment and related papers, forty dollars.
16. For the preparation, including notarization, of each affidavit of service or other document pertaining to service, eight dollars.
17. For every writ served on behalf of a justice of the peace, a fee established by the board of supervisors not to exceed five dollars per writ. Monies collected from the writ fees shall be deposited in the constable ethics standards and training fund established by section 22‑138.
B. The sheriff shall also collect the appropriate recording fees if applicable and other appropriate disbursements.
C. The sheriff may charge:
1. Fifty‑six dollars plus disbursements for any skip tracing services performed.
2. A reasonable fee for executing a civil arrest warrant ordered pursuant to court rule by a judge or justice of the peace. The fee shall only be charged to the party requesting the issuance of the civil arrest warrant.
3. A reasonable fee for storing personal property levied on pursuant to title 12, chapter 9.
D. For traveling to serve or on each attempt to serve civil process, writs, orders, pleadings or papers, the sheriff shall receive two dollars forty cents for each mile actually and necessarily traveled but not to exceed two hundred miles, nor to be less than sixteen dollars. Mileage shall be charged one way only. For service made or attempted at the same time and place, regardless of the number of parties or the number of papers so served or attempted, only one charge for travel fees shall be made for such service or attempted service.
E. For collecting money on an execution when it is made by sale, the sheriff and the constable shall receive eight dollars for each one hundred dollars or major portion thereof not to exceed a total of two thousand dollars, but when money is collected by the sheriff without a sale, only one‑half of such fee shall be allowed. When satisfaction or partial satisfaction of a judgment is received by the judgment creditor after the sheriff or constable has received an execution on the judgment, the commission is due the sheriff or constable and is established by an affidavit of the judgment creditor filed with the officer. If the affidavit is not lodged with the officer within thirty days of the request, the commission shall be based on the total amount of judgment due as billed by the officer and may be collected as any other debt by that officer.
F. The sheriff shall be allowed for all process issued from the supreme court and served by the sheriff the same fees as are allowed the sheriff for similar services on process issued from the superior court.
G. The constable shall receive the same fees as the sheriff for performing the same services in civil actions, except that mileage shall be computed from the office of the justice of the peace originating the civil action to the place of service.
H. Notwithstanding subsection G of this section, in a county with a population of more than three million persons, if an office of a justice of the peace is located outside of the precinct boundaries, the mileage for a constable shall be calculated pursuant to subsection D of this section, except that the distance between the precinct boundaries and the office of the justice of the peace, as determined by the county and certified by the board of supervisors of that county, shall be subtracted from the mileage calculation. This certified mileage calculation shall be transmitted to the justice courts and the clerks of those courts shall calculate the mileage between the office of the justice of the peace and the location where the civil process, writ, order, pleading or paper was served and reduce the mileage used to calculate the mileage fee according to the certified mileage calculation for that respective jurisdiction.
I. Constables shall maintain a standardized daily activity log of work related activities, including a listing of all processes served and the number of processes attempted to be served by case number, the names of the plaintiffs and defendants, the names and addresses of the persons to be served except as otherwise precluded by law, the date of process and the daily mileage.
J. The standardized daily activity log maintained in subsection I of this section is a public record and shall be made available by the constable at the constable's office during regular office hours. Copies of The standardized daily log shall be filed monthly with the clerk of the justice court and by the tenth day of the following month with the clerk of the board of supervisors. The board of supervisors shall determine the method for filing the standardized daily log.
Sec. 3. Title 22, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 22-104, to read:
22-104. Presiding constable; selection; duties
A. In each county in which there are four or more constables, the constables in that county may select by majority vote one constable to serve as the presiding constable and another constable to act as the associate presiding constable and to perform the duties and exercise the powers of the presiding constable during the absence or inability to act as the presiding constable.
B. Beginning January 10, 2017, if the constables in the county do not select a presiding constable and associate presiding constable pursuant to subsection A of this section or by the second Tuesday in every subsequent January that the county either does not have a presiding constable and associate presiding constable or a vacancy exists, the board of supervisors in the county may select a presiding constable and associate presiding constable.
C. The presiding constable and associate presiding constable each serve for a two‑year term.
D. At any time during the presiding constable's or associate presiding constable's term, a majority of the constables within the county may vote to remove the presiding constable or associate presiding constable and may select a new presiding constable or associate presiding constable to complete the term.
E. The presiding constable's duties include:
1. Serving as the liaison between the constables within the county and the county manager and other county departments.
2. Assigning deputy constables within the county.
3. Assigning and managing clerical staff for constables within the county.
4. In a constable's absence, assigning court orders that need service to other constables within the county."
Renumber to conform
Page 2, line 4, after "counties" insert "shall"
Line 6, after the period strike remainder of line
Strike lines 7 and 8
Line 9, strike "the county or by competent authority."
Between lines 30 and 31, insert:
"Sec. 5. Section 22-136, Arizona Revised Statutes, is amended to read:
22-136. Constable ethics standards and training board
A. A constable ethics standards and training board is established consisting of the following voting members:
1. Two constables from counties One constable who is from a county with a population of less than one million persons and who are is appointed by the Arizona association of counties.
2. Two constables from counties One constable who is from a county with a population of one million or more persons and who are is appointed by the Arizona association of counties.
3. One justice of the peace who is appointed by the chief justice of the supreme court.
4. One county administrator or designee who is appointed by the county supervisors association.
5. One sheriff who is appointed by the governor.
5. The director of the Arizona peace officer standards and training board or the director's designee.
6. One member of the public who is appointed by the governor.
7. One member who is a board member of the Arizona multihousing association at the time of appointment and who is appointed by the governor.
B. The board shall annually elect a chairperson, vice‑chairperson and secretary from among its members. The chairperson may establish committees to assist and advise the board in carrying out its responsibilities. A majority of the board constitutes a quorum and a majority vote of the quorum is necessary for the board to take any action.
C. Terms of the board members are four years. If a member ceases to hold the position that qualified the member for the appointment, the member's membership terminates and the appointing authority pursuant to subsection A fills the vacancy for the unexpired term.
D. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2."
Renumber to conform
Page 3, line 6, strike "retire" insert "resign"
Strike lines 7 through 9, insert:
"(e) Placing a constable on probation for up to thirty days, except that after the initial thirty days of probation if the constable is making progress on probation but the constable's behavior is not yet compliant, the board may extend probation in additional thirty-day increments up to a total length of probation of one hundred eighty days.
(f) Recommending to the board of supervisors that a constable who has previously been placed on probation be suspended from performing the constable's duties without pay for the remainder of the constable's term.
6. Adopt a standardized daily activity log for constables that is approved by the director of the Arizona peace officer standards and training board and that complies with section 11‑445, subsections I and J."
Line 34, after "order" insert "that is issued by the board of supervisors"
Page 4, between lines 10 and 11, insert:
"G. The board of supervisors may accept or modify a recommendation to suspend a constable from performing the constable's duties without pay pursuant to subsection A, paragraph 5 of this section. The board of supervisor's determination is final unless a constable seeks judicial review pursuant to subsection D of this section."
Reletter to conform
Page 4, after line 13, insert:
"Sec. 7. Retention of members
Notwithstanding section 22‑136, subsection A, Arizona Revised Statutes, as amended by this act, all persons serving as members of the constable ethics standards and training board on the effective date of this act may continue to serve until the expiration of their normal terms. All subsequent appointments or memberships shall be as prescribed by statute."
Amend title to conform