HB147INTRODUCED
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11F5L3-1
By Representative Hill (N & P)
RFD: Local Legislation
First Read: 21-Mar-23
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5 11F5L3-1 01/25/2023 FC (L) ma 2022-5154
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A BILL
TO BE ENTITLED
AN ACT
Relating to St. Clair County; providing that the
offices of judge of probate, revenue commissioner, and sheriff
shall be reimbursed from the county general fund for monetary
loss resulting from the performance of official duties for
errors or mistakes made in good faith, not to exceed a certain
maximum per annum; and providing for the voiding of licenses
issued and other transactions based on worthless or forged
checks.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The St. Clair County Commission shall
reimburse the offices of judge of probate, revenue
commissioner, and sheriff from the general fund in the amount
of any monetary loss not to exceed two thousand five hundred
dollars ($2,500) per fiscal year, or a greater amount as may
be set from time to time by the county commission, for each
officer arising or caused without the personal knowledge of
the officer, including loss arising from acceptance of
worthless or forged checks, drafts, money orders, or other
written orders for money or its equivalent.
Section 2. It shall be the duty of the judge of
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probate, revenue commissioner, and the sheriff to ensure that
the employees of the respective offices exercise due care in
performing their required duties and make a diligent effort to
correct the error, mistake, or omission. The respective
officers shall make a good faith effort to collect the amount
subject to potential loss immediately upon becoming aware of
the potential loss.
Section 3. This act shall not apply to any deliberate
misuse or misappropriation of funds by the respective official
or by any clerk or employee of his or her office.
Section 4. In cases where worthless or forged checks,
drafts, money orders, or other written orders for money or its
equivalent given for a license or in payment for any
transaction to the judge of probate, revenue commissioner, or
sheriff is found to be noncollectible for any reason, the
judge of probate, revenue commissioner, or sheriff shall make
a reasonable attempt to retrieve the license in question. In
the event that the license cannot be retrieved or a
transaction has been recorded in the records, the judge of
probate, revenue commissioner, or sheriff shall so state and
that statement shall constitute authorization to void any
license in question or to reverse or cancel any other
transaction. Once the license has been voided or a transaction
has been reversed or canceled, the judge of probate, revenue
commissioner, or sheriff, if applicable, shall receive credit
for the cost of the license, taxes, and all other fees from
the appropriate agencies. If applicable, the appropriate state
office shall mark the records pertaining to the license void
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or shall mark the transaction reversed or canceled. In the
event of any inquiry by any law enforcement agency concerning
any license, the official shall notify the agency that the
party in question is operating under a void license. All
violations shall be prosecuted in accordance with current law.
Section 5. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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