S*0930(Rat #0433, Act #0397 of 1986)  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.

   01/30/86  Senate Introduced and read first time SJ-384
   01/30/86  Senate Referred to Committee on Finance SJ-384
   02/04/86  Senate Recalled from Committee on Finance SJ-441
   02/04/86  Senate Committed to Committee on Judiciary SJ-442
   02/05/86  Senate Committee report: Favorable Judiciary SJ-456
   02/12/86  Senate Read second time SJ-557
   02/12/86  Senate Ordered to third reading with notice of
                     amendments SJ-557
   02/19/86  Senate Read third time and sent to House SJ-641
   02/19/86  House  Introduced and read first time HJ-848
   02/19/86  House  Referred to Committee on Ways and Means HJ-848
   04/15/86  House  Committee report: Favorable Ways and Means HJ-2346
   04/17/86  House  Debate adjourned until Tuesday, April 22, 1986 HJ-244
   04/22/86  House  Read second time HJ-2485
   04/23/86  House  Read third time and enrolled HJ-2530
   04/30/86         Ratified R 433
   05/06/86         Signed By Governor
   05/06/86         Effective date 05/06/86
   05/06/86         Act No. 397
   05/08/86         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

SECTION 1. Section 23-19-10 of the 1976 Code, as amended by Act 163 of 1985, 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. 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 must 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 initial service and five dollars for each attempted service thereafter; provided, the sheriff may not charge for more than two attempted services on the same matter.

(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; provided, the sheriff may not charge for more than two attempted services on the same matter. For each subpoena writ, the fee is ten dollars for each initial service and five dollars for each attempted service thereafter; 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. 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 shall take effect upon approval by the Governor.