HB4532 H PS AM 2-20

 The Committee on Political Subdivisions moves to amend the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. FEES AND ALLOWANCES.
§59-1-14. Fees to be charged by sheriffs.
(a) The county commission shall determine the amount which the sheriff may charge, which charges shall may not exceed the following:
(1) 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$25.00
(2) For summoning a witness$25.00
(3) For serving on any person an attachment or

other process under which the body is taken$25.00
(4) For levying an attachment on real estate
and making the return$25.00
(5) For making any other levy$25.00
(6) For serving a writ of possession$25.00
(7) For conducting drug screens for the West Virginia
Department of Health and Human Resources, in addition
to actual, reasonable costs$25.00
(b) The county commission shall determine the amount which the sheriff may charge, which charges shall may not exceed the following:
(1) For conveying a prisoner to or from jail, for each

mile of necessary travel either in going or returning$.25
(2) For taking any bond$1.00
(3) When a jury is sworn in court, for summoning

and impaneling such jury$1.00
(4) For issuing receipt to purchaser at delinquent
tax sale$1.00
(c) 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 the money; but the commission shall may 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 has the like commission of five percent on the first three hundred dollars of the money paid or proceeds from the sale, and two percent on the residue, except that when the payment or sale is on an execution on a forthcoming bond, his or her commission shall be is only half what it would be if the execution were not on the bond.
(d) For conducting drug screens for the West Virginia Department of Health and Human Resources, the administration fee as outlined in this section and any fee received by the sheriff from subdivision seven, section fourteen shall be deposited by the sheriff into a drug screen administration fund. The fund shall be administered by the sheriff and shall take the form of an interest bearing account with any interest earned to be compounded to the fund. Any funds deposited in this drug screen administration fund are to be expended by the sheriff to pay for the costs associated with administering drug screens. Any surplus in the fund on hand at the end of each fiscal year may be expended for other law- enforcement purposes or operating needs of the sheriff's office, as the sheriff may consider appropriate. Provided, That five dollars of the fee collected shall be deposited by the sheriff in the "West Virginia Deputy Sheriff Retirement Fund" created in section six, article fourteen-d, chapter seven of this code.
(e) Subject to the provisions of subsection (d), 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 collected pursuant to the provisions of subsection (a) of this section shall be deposited by the county commission in the "West Virginia Deputy Sheriff Retirement Fund" created in section six, article fourteen-d, chapter seven of this code; and three dollars of each fee collected pursuant to the provisions of subsection (a) of this section shall be deposited by the county commission in the general revenue account of the county commission. Any surplus funds that remain in the separate account of the county general fund required by the provisions of this subsection 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."