S*0180(Rat #0101, Act #0066 of 1987)  General Bill, By J.C. Hayes
 A Bill to amend Section 23-19-10, as amended, Code of Laws of South Carolina,
 1976, relating to the fees and commissions of sheriffs, so as to further
 provide for these fees and commissions.

   12/22/86  Senate Prefiled
   12/22/86  Senate Referred to Committee on Judiciary
   01/13/87  Senate Introduced and read first time SJ-104
   01/13/87  Senate Referred to Committee on Judiciary SJ-104
   01/28/87  Senate Committee report: Favorable Judiciary SJ-331
   02/05/87  Senate Amended SJ-471
   02/05/87  Senate Read second time SJ-471
   02/05/87  Senate Ordered to third reading with notice of
                     amendments SJ-471
   02/10/87  Senate Read third time and sent to House SJ-496
   02/11/87  House  Introduced and read first time HJ-491
   02/11/87  House  Referred to Committee on Judiciary HJ-491
   04/08/87  House  Committee report: Favorable with amendment
                     Judiciary HJ-1658
   04/15/87  House  Amended HJ-1885
   04/15/87  House  Read second time HJ-1886
   04/16/87  House   Read third time HJ-1972
   04/16/87  House  Returned HJ-1972
   04/23/87  Senate Concurred in House amendment and enrolled SJ-1479
   04/30/87         Ratified R 101
   05/01/87         Signed By Governor
   05/01/87         Effective date 05/01/87
   05/01/87         Act No. 66
   05/12/87         Copies available

AN ACT TO AMEND SECTION 23-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO FURTHER PROVIDE FOR THESE FEES AND COMMISSIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Fees and commissions of sheriffs

SECTION 1. Section 23-19-10 of the 1976 Code, as last amended by Act 397 of 1986, is further amended to read:

"Section 23-19-10. Except as otherwise expressly provided by general law, the fees and commissions of sheriffs are as follows:

(a) There must be paid as commissions on all monies collected by the sheriff of a county, if under five hundred dollars, seven and one-half percent, and, if over that amount, seven and one-half percent on the first five hundred dollars and three percent on the balance above that amount.

(b) For service of any civil process, not otherwise herein specified, the fee is fifteen dollars for each initial service and five dollars for each attempted service thereafter. However, the sheriff may not charge for more than two attempted services on the same matter so that the party, or his attorney, making the service in the matter may not be charged any more than a maximum total of twenty-five dollars, namely, for two attempted services and one initial or actual service.

(c) For claim and delivery, writs of assistance, distress warrants, orders of seizure, and executions, including all procedural matters related to these processes, the fee is twenty-five dollars.

(d) For mechanics' liens, attachments, citations, decrees, summons, and complaints, the fee is fifteen dollars for each initial service and five dollars for each attempted service thereafter; however, the sheriff may not charge for more than two attempted services on the same matter so that the party, or his attorney, making the service in the matter may not be charged any more than a maximum total of twenty-five dollars, namely, for two attempted services and one initial or actual service. For each subpoena writ, the fee is ten dollars for each initial service and five dollars for each attempted service thereafter; however, the sheriff may not charge for more than two attempted services on the same matter so that the party, or his attorney, making the service in the matter may not be charged any more than a maximum total of twenty dollars, namely, for two attempted services and one initial or actual service.

(e) All additional expenses incurred as a necessary part of the service set forth in items (a), (b), (c), and (d), including, but not limited to, towing fees, wrecker service, storage fees, and fees for publication must be charged at actual cost in addition to the fees set forth above. For the service or execution of papers issued by a magistrate, the sheriff or his deputy serving or executing the same is allowed the same fees as are allowed to constables.

(f) All monies collected under this section must be deposited into the treasury of that county employing the sheriff collecting those monies.

The provisions of this section do not apply to criminal processes or cases."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.