ENGROSSED
Senate Bill No. 265
(By Senators Rowe, McCabe, Mitchell, Burnette, Hunter, Love and
Caldwell)
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[Introduced March 1, 2001; referred to the Committee on the
Judiciary.]
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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.
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(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.)