SB319INTRODUCED
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SB319
G3BX726-1
By Senator Beasley (N & P)
RFD: Local Legislation
First Read: 09-Apr-25
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5 G3BX726-1 04/09/2025 THR (L)THR 2025-571
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First Read: 09-Apr-25
A BILL
TO BE ENTITLED
AN ACT
Relating to Barbour County; to provide for new court
costs; to provide for disbursement of fees; and conditioning
operation on voter approval at a referendum.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) Immediately upon approval by a majority
of the voting qualified electors of Barbour County, in
addition to any other court costs authorized in the county,
there shall be taxed a fee as follows:
(1) Twenty-five dollars ($25) in each civil case filed
in any court, except for the small claims division of the
district court.
(2) Twenty-five dollars ($25) in all misdemeanor and
felony criminal cases, including traffic offenses, upon
conviction.
(3) Ten dollars ($10) for each case filed in the small
claims division of the district court.
(b) This fee shall not be waived by any court unless
all other fees, assessments, costs, fines, and charges
associated with the case are waived.
(c) The fees collected pursuant to this section shall
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(c) The fees collected pursuant to this section shall
be paid into a special fund created by the sheriff known as
the Sheriff's Office Hazardous Duty Fund and shall be
earmarked for hazardous duty payments to nonclerical employees
of the sheriff's office who perform hazardous duties,
excluding the sheriff. This fund shall be maintained by the
sheriff or an individual designated by the sheriff and shall
be audited by the Department of Examiners of Public Accounts
on the same schedule as other similar audits.
(d)(1) The sheriff shall certify to the county
commission each employee who has engaged in hazardous duty and
an amount sufficient to pay the employees. The funds shall
then be disbursed from the Hazardous Duty Fund.
(2) At any time after the first disbursement of
hazardous duty pay pursuant to subdivision (1), the commission
and the sheriff may make hazardous duty payments
semi-annually, quarterly, or monthly as they agree
circumstances warrant, but may not make payments less often
than once per year.
(3) The commission shall not take this act into
consideration when considering salary increases for sheriff's
office employees based on surveys, studies, or any other means
when it comes to other county employees receiving salary
increases.
(4) The commission shall not take this act into
consideration when it comes to the annual budgetary funds
issued to the sheriff's office for funds used for the everyday
functioning of the sheriff's office.
Section 2. Section 1 shall become operative only if
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Section 2. Section 1 shall become operative only if
approved by a majority of the qualified electors of Barbour
County who vote in an election to be held on the day
designated by the Judge of Probate of Barbour County. The
notice of the election shall be given by the judge of probate,
and the election shall be held, conducted, and the results
canvassed in the same manner as other county elections. The
election shall be held in conjunction with the next regularly
scheduled election to be held in the county. The question
shall be, "Do you favor the adoption of Act No. ____, of the
2025 Regular Session of the Alabama Legislature, to provide
hazardous duty pay to the nonclerical employees of the Barbour
County Sheriff's Office, excluding the sheriff, by issuing a
new court cost in Barbour County of no more than twenty-five
dollars ($25)? Yes( ) No( )." The county shall pay any costs
and expenses not otherwise reimbursed by a governmental agency
which are incidental to the election. If a majority of the
votes cast in the election are "Yes," Section 1 shall become
operative immediately. If the majority of the votes are "No,"
this act shall be repealed and shall have no further effect.
The Judge of Probate of Barbour County shall certify the
results of the election to the Secretary of State.
Section 3. This act shall become effective on June 1,
2025.
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