AL
Alabama House Bill HB454

Alabama 2024 Regular Session

Alabama House Bill HB454 Compare Versions

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55 By Representative Robertson (N & P)
66 RFD: Local Legislation
77 First Read: 16-Apr-24
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12-5 HB454 Enrolled
12+5 FYJ4DDD-1 03/20/2024 THR (L)THR 2024-1135
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1414 First Read: 16-Apr-24
15-Enrolled, An Act,
15+A BILL
16+TO BE ENTITLED
17+AN ACT
1618 Relating to Cleburne County; to amend Sections
1719 45-15-80.01, 45-15-231, and 45-15-232, Code of Alabama 1975;
1820 to further provide for the cost of service of process by the
1921 sheriff; to further provide for the telephone system in the
2022 county jail; and to further provide for pistol permit fees.
2123 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2224 Section 1. Sections 45-15-80.01, 45-15-231, and
2325 45-15-232, Code of Alabama 1975, are amended to read as
2426 follows:
2527 "§45-15-80.01
2628 (a)(1) In Cleburne County, in addition to all other
2729 fees or costs levied, there shall be taxed as costs the sum of
2830 twenty seventy-five dollars ($20) ($75) in the service of any
2931 papers or documents by the sheriff or any deputy sheriff
3032 arising out of any civil or criminal action instituted outside
3133 the State of Alabama this state, whether at law or equity.
3234 (2) The sheriff shall bill the court from which the
3335 certain court papers arise party requesting service, and costs
3436 shall be paid to the county and deposited into the Sheriff's
3537 Department Law Enforcement Fund in actions instituted or
36-arising outside the State of Alabama this state.
37-(b) All funds generated by this section shall be paid
38-into the General Fund of Cleburne County, designated for the
39-"Sheriff's Department Law Enforcement Fund," and shall be used
40-for the costs and expenses incurred and related to the service
41-of the civil or criminal papers or documents ."
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67+Department Law Enforcement Fund in actions instituted or
68+arising outside the State of Alabama this state.
69+(b) All funds generated by this section shall be paid
70+into the General Fund of Cleburne County, designated for the
71+"Sheriff's Department Law Enforcement Fund," and shall be used
72+for the costs and expenses incurred and related to the service
7173 of the civil or criminal papers or documents ."
7274 "§45-15-231
7375 (a) The Sheriff of Cleburne County or the authorized
7476 agents of the sheriff may operate a jail store or a telephone
7577 system for prisoners within the confines of the county jail.
7678 The jail store and telephone system shall be operated to serve
7779 the needs of the jail population.
7880 (b)(1) The sheriff shall establish and maintain a
7981 Sheriff's Department Fund in a bank located in Cleburne
8082 County. All proceeds collected under this section from the
8183 operation of the jail store shall be deposited by the sheriff
8284 into the Sheriff's Department Fund. All proceeds collected
8385 under this section from the operation of the jail telephone
8486 system shall be deposited into the Sheriff's Law Enforcement
8587 Fund.
8688 (2) The sheriff shall keep an account of all jail store
8789 sales, telephone usage fees, and transactions of the Sheriff's
8890 Department Fund and the Sheriff's Law Enforcement Fund for
8991 audit by the Department of Examiners of Public Accounts. The
9092 jail store account , telephone usage fees, Sheriff's Law
9193 Enforcement Fund, and Sheriff's Department Fund shall be
9294 audited at the same time other accounts of the sheriff are
9395 audited. The Department of Examiners of Public Accounts shall
94-submit a copy of the audit to the sheriff and the county
95-commission within 30 days of its completion.
96-(c) All profits realized in the operation of the jail
97-store and telephone system shall be expended at the discretion
98-of the sheriff for law enforcement purposes in Cleburne
99-County, including office expenses, that are in the interest of
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125+audited. The Department of Examiners of Public Accounts shall
126+submit a copy of the audit to the sheriff and the county
127+commission within 30 days of its completion.
128+(c) All profits realized in the operation of the jail
129+store and telephone system shall be expended at the discretion
130+of the sheriff for law enforcement purposes in Cleburne
129131 County, including office expenses, that are in the interest of
130132 the public.
131133 (d) The sheriff shall provide the Cleburne County
132134 Commission a yearly report due on September 30 detailing
133135 transactions, revenues, and expenditures of all funds derived
134136 from the operation of the county jail store and telephone
135137 system.
136138 (e) The establishment of the Sheriff's Department Fund
137139 and the use of the proceeds of the fund shall not diminish or
138140 take the place of any other source of income established for
139141 the sheriff or the operation of the office. "
140142 "§45-15-232
141143 (a) In Cleburne County, the fee for issuance of a
142144 permit to carry a pistol in a vehicle or concealed on or about
143145 the person as provided in Section 13A-11-75, shall be as
144146 follows:
145147 (1) ten Twenty dollars ($10) ($20) for persons up to 65
146148 years of age and.
147149 (2) five Fifteen dollars ($5) ($15) for persons 65
148150 years of age or older. The fees shall be collected by the
149151 sheriff.
150152 (b) Any and all All monies collected by the sheriff
151153 under this section shall be deposited by the Sheriff of
152-Cleburne County sheriff in any bank located in Cleburne County
153-selected by the sheriff, into a fund known as the Sheriff's
154-Law Enforcement Fund. The Sheriff's Law Enforcement Fund shall
155-be drawn upon by the Sheriff of Cleburne County sheriff or his
156-or her appointed agent and shall be exclusively for law
157-enforcement purposes in the public's interest and in the
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183+under this section shall be deposited by the Sheriff of
184+Cleburne County sheriff in any bank located in Cleburne County
185+selected by the sheriff, into a fund known as the Sheriff's
186+Law Enforcement Fund. The Sheriff's Law Enforcement Fund shall
187+be drawn upon by the Sheriff of Cleburne County sheriff or his
188+or her appointed agent and shall be exclusively for law
187189 enforcement purposes in the public's interest and in the
188190 discharge of the sheriff's office as the sheriff sees fit. The
189191 establishment of the Sheriff's Law Enforcement Fund and the
190192 use of such the funds shall in no way not diminish or take the
191193 place of any other imbursement or other source of income
192194 established for the sheriff or the operation of his or her
193195 office."
194196 Section 2. This act shall become effective on October
195197 1, 2024.
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205-1, 2024.
206-________________________________________________
207-Speaker of the House of Representatives
208-________________________________________________
209-President and Presiding Officer of the Senate
210-House of Representatives
211-I hereby certify that the within Act originated in and
212-was passed by the House 23-Apr-24.
213-John Treadwell
214-Clerk
215-Senate 08-May-24 Passed
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