H. B. 4532
(By Delegates Longstreth, Kominar,
Ashley and Pino)
[Introduced February 14, 2008; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §59-1-14 of the Code of West Virginia,
1931, as amended, relating to authorizing the sheriff to
assess a fee for conducting drug screens for the Department of
Health and Human Resources and to expend the money for any of
the sheriff's programs.
Be it enacted by the Legislature of West Virginia:
That §59-1-14
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-14. Fees to be charged by sheriffs.
(a) The county commission shall determine the amount which the
sheriff may charge, which charges shall may not exceed the
following:
For serving on any person an order, notice, summons or other
process where the body is not taken, except a subpoena
served on a witness, and making return thereof$25.00
For summoning a witness25.00
For serving on any person an attachment or
other process under which the body is taken25.00
For levying an attachment on real estate
and making the return25.00
For making any other levy25.00
For serving a writ of possession25.00
For conducting drug screens for the West Virginia
Department of Health and Human Resources, in addition
to actual, reasonable costs$25.00
(b) The county commission shall determine the amount which the
sheriff may charge, which charges shall not exceed the following:
For conveying a prisoner to or from jail, for each
mile of necessary travel either in going or returning.25
For taking any bond1.00
When a jury is sworn in court, for summoning
and impaneling such jury1.00
For issuing receipt to purchaser at delinquent
tax sale1.00
(c) The county commission, giving due regard to the cost
thereof, may from time to time prescribe the amount which the
sheriff may charge for keeping any property or in removing any
property. When, after distraining or levying, he or she neither sells nor receives payment, and either takes no bond or takes one
which is not forfeited, he or she shall, if guilty of no default,
have (in addition to the one dollar for a bond, if one was taken)
a fee of three dollars, unless this be more than half of what his
or her commission would have amounted to if he or she had received
payment; in which case he or she shall (whether a bond was taken or
not) have a fee of one dollar at the least, and so much more as is
necessary to make the said half of his or her commission. The
commission to be included in a forthcoming bond (when one is taken)
shall be five percent on the first three hundred dollars of the
money for which the distress or levy is made, and two percent on
the residue of the money; but the commission shall not be received,
in whole or in part, except as hereinbefore provided, unless the
bond be forfeited, or the amount (including the commission) be paid
to the plaintiff. An officer receiving payment in money, or
selling property, shall have has the like commission of five
percent on the first three hundred dollars of the money paid or
proceeds from the sale, and two percent on the residue, except that
when the payment or sale is on an execution on a forthcoming bond,
his or her commission shall be is only half what it would be if the
execution were not on the bond.
(d) Any amounts collected by the sheriff pursuant to this
section shall be deposited in a separate account of the county
general fund and used by the sheriff for the expenses of providing the services herein described: Provided, That two dollars of each
fee collected pursuant to the provisions of subsection (a) of this
section shall be deposited by the county commission in the "West
Virginia Deputy Sheriff Retirement Fund" created in section six,
article fourteen-d, chapter seven of this code; and three dollars
of each fee collected pursuant to the provisions of subsection (a)
of this section shall be deposited by the county commission in the
general revenue account of the county commission; and surplus funds
from drug screening for the West Virginia Department of Health and
Human Resources may be expended by the sheriff for any of the
sheriff's department programs. Any surplus funds that remain in
the separate account of the county general fund required by the
provisions of this subsection on the last day of the fiscal year,
and have not been expended for the purposes herein described, shall
revert to the county general fund.
NOTE: The purpose of this bill is to authorize the county
sheriff to access a $25 fee for conducting drug screens for the
Department of Health and Human Resources.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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