Alabama 2023 Regular Session

Alabama House Bill HB147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB147ENROLLED~~
	1	+	HB147INTRODUCED
2	2		Page 0
3		-	11F5L3-2
	3	+	11F5L3-1
4	4		By Representative Hill (N & P)
5	5		RFD: Local Legislation
6	6		First Read: 21-Mar-23
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11		-	5 ~~HB147 EnrolledHB147 Enrolled~~
	11	+	5 11F5L3-1 01/25/2023 FC (L) ma 2022-5154
12	12		Page 1
13		-	Enrolled, An Act,
	13	+	A BILL
	14	+	TO BE ENTITLED
	15	+	AN ACT
14	16		Relating to St. Clair County; providing that the
15	17		offices of judge of probate, revenue commissioner, and sheriff
16	18		shall be reimbursed from the county general fund for monetary
17	19		loss resulting from the performance of official duties for
18	20		errors or mistakes made in good faith, not to exceed a certain
19	21		maximum per annum; and providing for the voiding of licenses
20	22		issued and other transactions based on worthless or forged
21	23		checks.
22	24		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23	25		Section 1. The St. Clair County Commission shall
24	26		reimburse the offices of judge of probate, revenue
25	27		commissioner, and sheriff from the general fund in the amount
26	28		of any monetary loss not to exceed two thousand five hundred
27	29		dollars ($2,500) per fiscal year, or a greater amount as may
28	30		be set from time to time by the county commission, for each
29	31		officer arising or caused without the personal knowledge of
30	32		the officer, including loss arising from acceptance of
31	33		worthless or forged checks, drafts, money orders, or other
32	34		written orders for money or its equivalent.
33	35		Section 2. It shall be the duty of the judge of
34		-	probate, revenue commissioner, and the sheriff to ensure that
35		-	the employees of the respective offices exercise due care in
36		-	performing their required duties and make a diligent effort to
37		-	correct the error, mistake, or omission. The respective
38		-	officers shall make a good faith effort to collect the amount
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66		-	28 HB147 ~~EnrolledHB147 Enrolled~~
	63	+	28 HB147 INTRODUCEDHB147 INTRODUCED
67	64		Page 2
	65	+	probate, revenue commissioner, and the sheriff to ensure that
	66	+	the employees of the respective offices exercise due care in
	67	+	performing their required duties and make a diligent effort to
	68	+	correct the error, mistake, or omission. The respective
	69	+	officers shall make a good faith effort to collect the amount
68	70		subject to potential loss immediately upon becoming aware of
69	71		the potential loss.
70	72		Section 3. This act shall not apply to any deliberate
71	73		misuse or misappropriation of funds by the respective official
72	74		or by any clerk or employee of his or her office.
73	75		Section 4. In cases where worthless or forged checks,
74	76		drafts, money orders, or other written orders for money or its
75	77		equivalent given for a license or in payment for any
76	78		transaction to the judge of probate, revenue commissioner, or
77	79		sheriff is found to be noncollectible for any reason, the
78	80		judge of probate, revenue commissioner, or sheriff shall make
79	81		a reasonable attempt to retrieve the license in question. In
80	82		the event that the license cannot be retrieved or a
81	83		transaction has been recorded in the records, the judge of
82	84		probate, revenue commissioner, or sheriff shall so state and
83	85		that statement shall constitute authorization to void any
84	86		license in question or to reverse or cancel any other
85	87		transaction. Once the license has been voided or a transaction
86	88		has been reversed or canceled, the judge of probate, revenue
87	89		commissioner, or sheriff, if applicable, shall receive credit
88	90		for the cost of the license, taxes, and all other fees from
89	91		the appropriate agencies. If applicable, the appropriate state
90	92		office shall mark the records pertaining to the license void
91		-	or shall mark the transaction reversed or canceled. In the
92		-	event of any inquiry by any law enforcement agency concerning
93		-	any license, the official shall notify the agency that the
94		-	party in question is operating under a void license. All
95		-	violations shall be prosecuted in accordance with current law.
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123		-	56 HB147 ~~EnrolledHB147 Enrolled~~
	120	+	56 HB147 INTRODUCEDHB147 INTRODUCED
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	122	+	or shall mark the transaction reversed or canceled. In the
	123	+	event of any inquiry by any law enforcement agency concerning
	124	+	any license, the official shall notify the agency that the
	125	+	party in question is operating under a void license. All
	126	+	violations shall be prosecuted in accordance with current law.
125	127		Section 5. This act shall become effective immediately
126	128		following its passage and approval by the Governor, or its
127	129		otherwise becoming law.
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132		-	________________________________________________
133		-	Speaker of the House of Representatives
134		-	________________________________________________
135		-	President and Presiding Officer of the Senate
136		-	House of Representatives
137		-	I hereby certify that the within Act originated in and
138		-	was passed by the House 11-Apr-23.
139		-	John Treadwell
140		-	Clerk
141		-	Senate 20-Apr-23 Passed
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