HB454ENROLLED
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HB454
FYJ4DDD-2
By Representative Robertson (N & P)
RFD: Local Legislation
First Read: 16-Apr-24
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First Read: 16-Apr-24
Enrolled, An Act,
Relating to Cleburne County; to amend Sections
45-15-80.01, 45-15-231, and 45-15-232, Code of Alabama 1975;
to further provide for the cost of service of process by the
sheriff; to further provide for the telephone system in the
county jail; and to further provide for pistol permit fees.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 45-15-80.01, 45-15-231, and
45-15-232, Code of Alabama 1975, are amended to read as
follows:
"§45-15-80.01
(a)(1) In Cleburne County, in addition to all other
fees or costs levied, there shall be taxed as costs the sum of
twenty seventy-five dollars ($20) ($75) in the service of any
papers or documents by the sheriff or any deputy sheriff
arising out of any civil or criminal action instituted outside
the State of Alabama this state, whether at law or equity.
(2) The sheriff shall bill the court from which the
certain court papers arise party requesting service, and costs
shall be paid to the county and deposited into the Sheriff's
Department Law Enforcement Fund in actions instituted or
arising outside the State of Alabama this state.
(b) All funds generated by this section shall be paid
into the General Fund of Cleburne County, designated for the
"Sheriff's Department Law Enforcement Fund," and shall be used
for the costs and expenses incurred and related to the service
of the civil or criminal papers or documents ."
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of the civil or criminal papers or documents ."
"§45-15-231
(a) The Sheriff of Cleburne County or the authorized
agents of the sheriff may operate a jail store or a telephone
system for prisoners within the confines of the county jail.
The jail store and telephone system shall be operated to serve
the needs of the jail population.
(b)(1) The sheriff shall establish and maintain a
Sheriff's Department Fund in a bank located in Cleburne
County. All proceeds collected under this section from the
operation of the jail store shall be deposited by the sheriff
into the Sheriff's Department Fund. All proceeds collected
under this section from the operation of the jail telephone
system shall be deposited into the Sheriff's Law Enforcement
Fund.
(2) The sheriff shall keep an account of all jail store
sales, telephone usage fees, and transactions of the Sheriff's
Department Fund and the Sheriff's Law Enforcement Fund for
audit by the Department of Examiners of Public Accounts. The
jail store account , telephone usage fees, Sheriff's Law
Enforcement Fund, and Sheriff's Department Fund shall be
audited at the same time other accounts of the sheriff are
audited. The Department of Examiners of Public Accounts shall
submit a copy of the audit to the sheriff and the county
commission within 30 days of its completion.
(c) All profits realized in the operation of the jail
store and telephone system shall be expended at the discretion
of the sheriff for law enforcement purposes in Cleburne
County, including office expenses, that are in the interest of
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County, including office expenses, that are in the interest of
the public.
(d) The sheriff shall provide the Cleburne County
Commission a yearly report due on September 30 detailing
transactions, revenues, and expenditures of all funds derived
from the operation of the county jail store and telephone
system.
(e) The establishment of the Sheriff's Department Fund
and the use of the proceeds of the fund shall not diminish or
take the place of any other source of income established for
the sheriff or the operation of the office. "
"§45-15-232
(a) In Cleburne County, the fee for issuance of a
permit to carry a pistol in a vehicle or concealed on or about
the person as provided in Section 13A-11-75, shall be as
follows:
(1) ten Twenty dollars ($10) ($20) for persons up to 65
years of age and.
(2) five Fifteen dollars ($5) ($15) for persons 65
years of age or older. The fees shall be collected by the
sheriff.
(b) Any and all All monies collected by the sheriff
under this section shall be deposited by the Sheriff of
Cleburne County sheriff in any bank located in Cleburne County
selected by the sheriff, into a fund known as the Sheriff's
Law Enforcement Fund. The Sheriff's Law Enforcement Fund shall
be drawn upon by the Sheriff of Cleburne County sheriff or his
or her appointed agent and shall be exclusively for law
enforcement purposes in the public's interest and in the
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enforcement purposes in the public's interest and in the
discharge of the sheriff's office as the sheriff sees fit. The
establishment of the Sheriff's Law Enforcement Fund and the
use of such the funds shall in no way not diminish or take the
place of any other imbursement or other source of income
established for the sheriff or the operation of his or her
office."
Section 2. This act shall become effective on October
1, 2024.
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1, 2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 23-Apr-24.
John Treadwell
Clerk
Senate 08-May-24 Passed
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