Alabama 2024 Regular Session

Alabama Senate Bill SB263

Introduced
4/2/24  
Introduced
4/2/24  
Report Pass
4/9/24  
Refer
4/2/24  
Engrossed
4/23/24  
Report Pass
4/9/24  
Engrossed
4/23/24  
Report Pass
4/25/24  
Refer
4/23/24  
Enrolled
5/2/24  
Report Pass
4/25/24  
Passed
5/9/24  
Enrolled
5/2/24  
Passed
5/9/24  

Caption

Etowah County, provides for service of process

Impact

The legislation introduces a service of process fee set at thirty-five dollars ($35) for each party requiring personal service by the sheriff. This fee is intended to bolster the Sheriff’s Law Enforcement Fund, providing financial resources that the sheriff can use at his discretion for lawful purposes. Importantly, the bill also reinforces existing funding structures, making it clear that this fee will not replace other sources of income for the sheriff's office. The act is contingent upon the ratification of an amendment to the Alabama Constitution, which allows the Legislature to regulate court costs specifically for Etowah County.

Summary

SB263 is a legislative act that focuses on the procedural framework for service of process in Etowah County, Alabama. The bill grants the Sheriff of Etowah County the authority to contract with various entities to facilitate the service of legal documents, excluding arrest warrants. This provision aims to streamline the process and potentially increase efficiency in how such services are delivered within the county.

Sentiment

The general sentiment around SB263 appears supportive, particularly from local legislative bodies that see the bill as a means to enhance law enforcement activities and improve the service of process within the county. The approval of the bill with a unanimous vote (14 in favor and 0 against) during the last session reflects this positive inclination. However, the requirement for constitutional ratification may introduce some level of cautious optimism as stakeholders await the amendment's approval.

Contention

While the bill has been largely supported, some contention may arise concerning the establishment of the fee and how it will impact individuals and entities needing service of process. There may be concerns about the increased financial burden on litigants or parties involved in legal matters, raising questions about access to justice. Additionally, the centralized authority granted to the sheriff regarding fee collection might lead to discussions around transparency and accountability relating to the usage of the generated funds.

Companion Bills

No companion bills found.

Previously Filed As

AL HB468

Marion County, service of process further provided for, Service of Process Fund created, distribution of fees provided for

AL HB454

Cleburne County, further provides for service of process, jail telephone system, and pistol permit fees

AL HB255

Sheriffs, creates a service of process fee in every county and authorizes sheriffs to contract for service of process

AL HB508

Relating to Marion County; to create the Service of Process Fund; to provide for service of process; and to provide for the collection and dispensation of fees associated with service of process.

AL SB262

Etowah County, constitutional amendment, authorizes legislature to fix court costs by local law

AL HB85

Marion County, creates service of process fee

AL HB341

Baldwin County, increases service of process fees

AL HB447

Marengo County, sheriff, service of process for personal service by the sheriff, distribution to sheriff and district attorney

AL HB305

Relating to Pickens County; to provide for a new court cost to pay for service of process by the sheriff of documents filed in the district and circuit courts in Pickens County; and to deposit the proceeds into the Pickens County Sheriff's Law Enforcement Fund.

AL HB444

Relating to Shelby County; to further provide for service of process in civil cases in Shelby County; to set an additional fee for civil service of process; to create the Shelby County Sheriff's Civil Service of Process Fund; to provide for the distribution of funds to the sheriff's civil service of process fund; and to authorize the sheriff to contract with or enter into an agreement with a private, public, or governmental entity for the purpose of service of process.

Similar Bills

No similar bills found.