AL
Alabama House Bill HB345

Alabama 2022 Regular Session

Alabama House Bill HB345 Compare Versions

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11 1 HB345
2-2 216055-2
2+2 216055-1
33 3 By Representative Hill (N & P)
44 4 RFD: Local Legislation
55 5 First Read: 15-FEB-22
66
7-Page 0 HB345
8-1
9-2 ENROLLED, An Act,
10-3 Relating to St. Clair County; to establish a service
11-4 of process fee for the service or attempted service of
12-5 documents by the St. Clair County Sheriff's Office in the
13-6 civil and criminal divisions of the circuit and district court
14-7 with certain exceptions; to provide for the distribution of
15-8 the fees; and to establish the St. Clair County Sheriff's
16-9 Service of Process Fee Fund for the disposition of service of
17-10 process fees.
18-11 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
19-12 Section 1. This act shall only apply to St. Clair
20-13 County.
21-14 Section 2. (a)(1) In addition to all other charges,
22-15 fees, judgments, and costs of court, in the civil division and
23-16 in the criminal division of the district court and the circuit
24-17 court of St. Clair County, a service of process fee of
25-18 twenty-five dollars ($25) shall be collected for service or
26-19 attempted service of process on each document requiring
27-20 personal service of process by the sheriff for matters pending
28-21 or to be commenced in a court in St. Clair County.
29-22 (2) A service of process fee of fifty dollars ($50)
30-23 shall be collected for service or attempted service of process
31-24 on each document requiring personal service of process by the
32-Page 1 HB345
33-1 sheriff for matters pending or to be commenced in a court
34-2 outside of St. Clair County.
35-3 (b) The St. Clair County Sheriff's Service of
36-4 Process Fee Fund is hereby created to supplement the budget of
37-5 the St. Clair County Sheriff's Office. The fund shall be used
38-6 for law enforcement purposes in the county.
39-7 (c)(1) The clerk of the court or his or her designee
40-8 in St. Clair County by law for the respective divisions of
41-9 courts and courts shall collect the service of process fee
42-10 provided in subsection (a) and distribute the fee to the St.
43-11 Clair County Sheriff's Service of Process Fee Fund to be held
44-12 and administered by the St. Clair County Commission.
45-13 (2) Notwithstanding the foregoing, the fee may not
46-14 be imposed and collected if the court finds payment of the fee
47-15 will create a substantial hardship. A verified statement
48-16 signed by the person requesting service and approved by the
49-17 court attesting the substantial hardship shall be filed with
50-18 the clerk of the court.
51-19 (d) The St. Clair County Sheriff's Service of
52-20 Process Fee Fund shall be an additional fund separate from the
53-21 budget of the sheriff as provided for in the county general
54-22 fund.
55-23 (e) St. Clair County and its district attorney, law
56-24 enforcement officials, and its grand juries shall be exempt
57-25 from payment of the fees provided for in this section.
58-Page 2 HB345
59-1 Section 3. This act shall become effective on the
60-2 first day of the third month following its passage and
61-3 approval by the Governor, or its otherwise becoming law.
62-Page 3 HB345
63-1
7+Page 0 1 216055-1:n:01/05/2022:PMG/ma LSA2021-2686
648 2
659 3
6610 4
67-Speaker of the House of Representatives
68-
6911 5
70-6 President and Presiding Officer of the Senate
71-House of Representatives7
72-I hereby certify that the within Act originated in8
73-9 and was passed by the House 24-FEB-22.
74-10
75-11 Jeff Woodard
76-12 Clerk
77-13
78- 14
79- 15
80-Senate16 17-MAR-22 Passed
81- 17
82-Page 4
12+6
13+7
14+8
15+9 A BILL
16+10 TO BE ENTITLED
17+11 AN ACT
18+12
19+13 Relating to St. Clair County; to establish a service
20+14 of process fee for the service or attempted service of
21+15 documents by the St. Clair County Sheriff's Office in the
22+16 civil and criminal divisions of the circuit and district court
23+17 with certain exceptions; to provide for the distribution of
24+18 the fees; and to establish the St. Clair County Sheriff's
25+19 Service of Process Fee Fund for the disposition of service of
26+20 process fees.
27+21 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28+22 Section 1. This act shall only apply to St. Clair
29+23 County.
30+24 Section 2. (a)(1) In addition to all other charges,
31+25 fees, judgments, and costs of court, in the civil division and
32+26 in the criminal division of the district court and the circuit
33+27 court of St. Clair County, a service of process fee of
34+Page 1 1 twenty-five dollars ($25) shall be collected for service or
35+2 attempted service of process on each document requiring
36+3 personal service of process by the sheriff for matters pending
37+4 or to be commenced in a court in St. Clair County.
38+5 (2) A service of process fee of fifty dollars ($50)
39+6 shall be collected for service or attempted service of process
40+7 on each document requiring personal service of process by the
41+8 sheriff for matters pending or to be commenced in a court
42+9 outside of St. Clair County.
43+10 (b) The St. Clair County Sheriff's Service of
44+11 Process Fee Fund is hereby created to supplement the budget of
45+12 the St. Clair County Sheriff's Office. The fund shall be used
46+13 for law enforcement purposes in the county.
47+14 (c)(1) The clerk of the court or his or her designee
48+15 in St. Clair County by law for the respective divisions of
49+16 courts and courts shall collect the service of process fee
50+17 provided in subsection (a) and distribute the fee to the St.
51+18 Clair County Sheriff's Service of Process Fee Fund to be held
52+19 and administered by the St. Clair County Commission.
53+20 (2) Notwithstanding the foregoing, the fee may not
54+21 be imposed and collected if the court finds payment of the fee
55+22 will create a substantial hardship. A verified statement
56+23 signed by the person requesting service and approved by the
57+24 court attesting the substantial hardship shall be filed with
58+25 the clerk of the court.
59+26 (d) The St. Clair County Sheriff's Service of
60+27 Process Fee Fund shall be an additional fund separate from the
61+Page 2 1 budget of the sheriff as provided for in the county general
62+2 fund.
63+3 (e) St. Clair County and its district attorney, law
64+4 enforcement officials, and its grand juries shall be exempt
65+5 from payment of the fees provided for in this section.
66+6 Section 3. This act shall become effective on the
67+7 first day of the third month following its passage and
68+8 approval by the Governor, or its otherwise becoming law.
69+Page 3