SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Engrossed Version Senate Bill 265 History

OTHER VERSIONS  -  Introduced Version  |  Enrolled Version - Final Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted


ENGROSSED

Senate Bill No. 265

(By Senators Rowe, McCabe, Mitchell, Burnette, Hunter, Love and Caldwell)

____________

[Introduced March 1, 2001; referred to the Committee on the Judiciary.]

____________




A BILL to amend article five, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-four, relating to permitting the sheriff to commence civil actions in his or her official capacity or on behalf of the county government without the payment of filing fees, costs, security or bond otherwise required of other civil litigants; and upon successful recovery of the costs by the sheriff, he or she shall remit them to the appropriate official.

Be it enacted by the Legislature of West Virginia:
That article five, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-four, to read as follows:
ARTICLE 5. FISCAL AFFAIRS.

§7-5-24. Sheriff may commence civil action without paying fees and costs; fees and costs recoverable from defendants after completion of litigation.

The sheriff will not be required to pay any filing fee, cost, bond or security, as may otherwise be required of other civil litigants by provisions of this code, in any action in which the sheriff commences the action in his or her official capacity or on behalf of the county government: Provided, That where the sheriff or county government prevails in the action and any filing fees, costs, bond or security are recovered from the opposing party, the sheriff shall pay therefrom
the fees, costs, bond or security to the officer who otherwise would have been entitled thereto but for the provisions of this section.
______


(NOTE: The purpose of this bill is to relieve the sheriff of the burden of advancing court fees for civil actions instituted by the sheriff in his or her official capacity or on behalf of county government; the fees to be ultimately paid to the proper officials when recovered from the defendants in the action.

This section is new; therefore, strike-throughs and underscoring have been omitted.)
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print