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1 | + | HB384INTRODUCED | |
2 | 2 | Page 0 | |
3 | 3 | HB384 | |
4 | - | IMM9WZW- | |
4 | + | IMM9WZW-1 | |
5 | 5 | By Representative Bolton (N & P) | |
6 | 6 | RFD: Tuscaloosa County Legislation | |
7 | 7 | First Read: 02-Apr-24 | |
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12 | + | 5 IMM9WZW-1 04/02/2024 FC (L)ma 2024-5 | |
13 | 13 | Page 1 | |
14 | 14 | First Read: 02-Apr-24 | |
15 | - | Enrolled, An Act, | |
15 | + | A BILL | |
16 | + | TO BE ENTITLED | |
17 | + | AN ACT | |
16 | 18 | Relating to Tuscaloosa County; to amend Section 2 of | |
17 | 19 | Act 99-219 of the 1999 Regular Session (Acts 1999, p.278), | |
18 | 20 | providing fees for service of process in civil matters | |
19 | 21 | requiring personal service of process by the sheriff's office; | |
20 | 22 | to further provide for the distribution of the fees and for | |
21 | 23 | the use of the proceeds; and to repeal Section 3 of Act | |
22 | 24 | 99-219, relating to contracting for service of process by the | |
23 | 25 | county. | |
24 | 26 | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: | |
25 | 27 | Section 1. Section 2 of Act 99-219 of the 1999 Regular | |
26 | 28 | Session (Acts 1999, p.278), is amended to read as follows: | |
27 | 29 | "Section 2. (a)(1) In Except as otherwise provided in | |
28 | 30 | this section, in addition to all existing charges, fees, | |
29 | 31 | judgments, and costs of court, the clerk, sheriff, or other | |
30 | 32 | appropriate court official in the civil division of the | |
31 | 33 | district and circuit courts of Tuscaloosa County shall | |
32 | 34 | increase the fees by twelve dollars and fifty cents ($12.50) | |
33 | 35 | assess a fee of sixty dollars ($60) per document personally | |
34 | 36 | served by the sheriff's office, or its designee. For purposes | |
35 | 37 | of this act, the term "document" shall include multiple papers | |
36 | - | served on a party or entity at one time. | |
37 | - | (2) The process fee provided in this subsection shall | |
38 | - | not apply to any civil documents issued specifically by the | |
39 | - | circuit court or any mental health documents or orders issued | |
40 | - | by the office of the judge of probate. | |
41 | - | (b) The court official designated in Tuscaloosa County | |
42 | - | by law for the respective courts shall collect the additional | |
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70 | - | 28 HB384 | |
65 | + | 28 HB384 INTRODUCED | |
71 | 66 | Page 2 | |
67 | + | of this act, the term "document" shall include multiple papers | |
68 | + | served on a party or entity at one time. | |
69 | + | (2) The process fee provided in this subsection shall | |
70 | + | not apply to any civil documents issued specifically by the | |
71 | + | circuit court or any mental health documents or orders issued | |
72 | + | by the office of the judge of probate. | |
73 | + | (b) The court official designated in Tuscaloosa County | |
72 | 74 | by law for the respective courts shall collect the additional | |
73 | 75 | service of process fee designated in subsection (a) . of this | |
74 | 76 | section and remit In the case of documents issued through the | |
75 | 77 | circuit clerk's office, three dollars ($3) of each fee shall | |
76 | 78 | be retained in the circuit clerk's office and deposited in the | |
77 | 79 | Circuit Clerk's Fund for operation of the circuit clerk's | |
78 | 80 | office. In the case of documents issued by the office of the | |
79 | 81 | judge of probate, three dollars ($3) of each fee shall be | |
80 | 82 | retained by the office of the judge of probate and used for | |
81 | 83 | the operation of the office of judge of probate. The net | |
82 | 84 | balance of the fees collected to the Tuscaloosa County | |
83 | 85 | Commission General Fund for deposit in the fund to be expended | |
84 | 86 | for law enforcement purposes shall be distributed as provided | |
85 | 87 | herein: Fifty percent of the net balance shall be distributed | |
86 | 88 | to the Sheriff's Law Enforcement Fund and used for the | |
87 | 89 | operation of the sheriff's office; the remaining fifty percent | |
88 | 90 | of the net balance shall be distributed to the Solicitor's | |
89 | 91 | Fund of the District Attorney and used for the operation of | |
90 | 92 | the office of the district attorney . | |
91 | 93 | (c) In the case of documents requested to be personally | |
92 | 94 | served by the sheriff's office in a civil case from outside of | |
93 | 95 | this State, a fee of eighty-five dollars ($85) shall be | |
94 | - | collected by the sheriff for each document. Fifty percent of | |
95 | - | these funds shall be distributed to the Sheriff's Law | |
96 | - | Enforcement Fund and used for operation of the sheriff's | |
97 | - | office. The remaining fifty percent of the funds shall be | |
98 | - | distributed to the Solicitor's Fund of the District Attorney | |
99 | - | and used for the operation of the office of the district | |
100 | - | attorney." | |
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125 | + | this State, a fee of eighty-five dollars ($85) shall be | |
126 | + | collected by the sheriff for each document. Fifty percent of | |
127 | + | these funds shall be distributed to the Sheriff's Law | |
128 | + | Enforcement Fund and used for operation of the sheriff's | |
129 | + | office. The remaining fifty percent of the funds shall be | |
130 | + | distributed to the Solicitor's Fund of the District Attorney | |
131 | + | and used for the operation of the office of the district | |
130 | 132 | attorney." | |
131 | 133 | Section 2. Section 3 of Act 99-219 is repealed. | |
132 | 134 | Section 3. This act shall become effective June 1, | |
133 | 135 | 2024. | |
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136 | - | 59 HB384 Enrolled | |
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138 | - | 2024. | |
139 | - | ________________________________________________ | |
140 | - | Speaker of the House of Representatives | |
141 | - | ________________________________________________ | |
142 | - | President and Presiding Officer of the Senate | |
143 | - | House of Representatives | |
144 | - | I hereby certify that the within Act originated in and | |
145 | - | was passed by the House 16-Apr-24. | |
146 | - | John Treadwell | |
147 | - | Clerk | |
148 | - | Senate 08-May-24 Passed | |
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