H. B. 4554
(By Delegates Stemple, Butcher, Coleman,
Swartzmiller and Tucker)
[Introduced February 20, 2002; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend and reenact section fourteen, article one, chapter
fifty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to fees charged by
the sheriff and providing that two dollars of the fees charged
and collected by the sheriff for service of process be placed
in the deputy sheriffs retirement fund.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article one, chapter fifty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-14. Fees to be charged by sheriffs.
The county commission shall determine the amount which the sheriff may charge, which charges shall 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$20.00
For summoning a witness 20.00
For serving on any person an attachment or
other process under which the body is taken 20.00
For levying an attachment on real estate and
making the return 20.00
For making any other levy 20.00
For conveying a prisoner to or from jail, for
each mile of necessary travel either
in going or returning .25
For taking any bond 1.00
When a jury is sworn in court, for
summoning and impaneling such jury 1.00
For serving a writ of possession 20.00
For issuing receipt to purchaser at
delinquent tax sale 1.00
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 such the money; but such 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 the like commission of
five percent on the first three hundred dollars of the money paid
or proceeds from such the sale, and two percent on the residue,
except that when such the payment or sale is on an execution on a forthcoming bond, his or her commission shall be only half what it
would be if the execution were not on such the bond. 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 of twenty
dollars collected under the provisions of this section shall be
deposited by the county commission in the "West Virginia deputy
sheriff retirement fund" as created in section six, article
fourteen-d, chapter seven of this code. Any surplus funds that
remain in this separate account 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 provide that two dollars
of the fees collected by the sheriff for service of process is
deposited in the West Virginia deputy sheriff retirement fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.