S*36 Session 106 (1985-1986)
S*0036(Rat #0251, Act #0163 of 1985) General Bill, By J.C. Hayes
A Bill to amend Section 23-19-10, Code of Laws of South Carolina, 1976,
relating to the fees and commissions of sheriffs, so as to revise these fees
and commissions.
12/03/84 Senate Prefiled
12/03/84 Senate Referred to Committee on Finance
01/09/85 Senate Introduced and read first time SJ-82
01/09/85 Senate Referred to Committee on Judiciary SJ-82
01/30/85 Senate Committee report: Favorable with amendment
Judiciary SJ-275
02/05/85 Senate Amended SJ-340
02/05/85 Senate Read second time SJ-342
02/27/85 Senate Read third time and sent to House SJ-677
02/28/85 House Introduced and read first time HJ-1048
02/28/85 House Referred to Committee on Ways and Means HJ-1048
06/05/85 House Recalled from Committee on Ways and Means HJ-3963
06/05/85 House Read second time HJ-3963
06/05/85 House Unanimous consent for third reading on next
legislative day HJ-3963
06/06/85 House Read third time and enrolled HJ-4011
06/18/85 Ratified R 251
06/20/85 Signed By Governor
06/20/85 Effective date 06/20/85
06/20/85 Act No. 163
07/01/85 Copies available
(A163, R251, S36)
AN ACT TO AMEND SECTION 23-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE FEES AND COMMISSIONS OF SHERIFFS, SO AS TO REVISE THESE FEES AND
COMMISSIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Fees and commissions of sheriffs; exceptions
SECTION 1. Section 23-19-10 of the 1976 Code is amended to read:
"Section 23-19-10. Except as otherwise expressly provided 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. In addition, a commission
of five percent of all sums paid over to the plaintiff, his agent, or attorney
on any execution lodged and collected by the sheriff shall be taxed as cost to
the defendant.
(b) For service of any civil process, not otherwise herein specified, the fee
is fifteen dollars for each completed service and five dollars for each attempted
service; provided, the sheriff may not charge for more than two attempted
services on the same matter. For any execution lodged with the sheriff, the fee
is ten dollars.
(c) For claim and delivery, writs of assistance, distress warrants, sale of
property and orders of seizure, the fee is twenty-five dollars.
(d) For mechanics' liens, attachments, citations, decrees, summons and
complaints, the fee is fifteen dollars for each completed service and five
dollars for each attempted service; provided, the sheriff may not charge for more
than two attempted services on the same matter. For subpoena writs, the fee is
ten dollars for each completed service and five dollars for each attempted
service; provided, the sheriff also may not charge for more than two attempted
services on the same matter.
(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.
(f) All monies collected under this section shall 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 shall take effect upon approval by the Governor. |