Bill 36

                    Current Status

Bill Number:               36
Ratification Number:       251
Act Number:                163
Introducing Body:          Senate
Subject:                        Fees and commissions of
                           sheriffs

(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.