Alabama House Bill HB345

Alabama 2022 Regular Session

• Introduced: 2/15/22
• Refer: 2/15/22
• Engrossed: 2/24/22
• Refer: 3/1/22
• Enrolled: 3/17/22
• Chaptered: 3/17/22
• Passed: 3/17/22

Caption

St. Clair Co., sheriff, service of process, fee established, St. Clair Co. Sheriff's Service of Process Fee Fund, established

Impact

The implementation of HB 345 is expected to impact the financial operations of the St. Clair County Sheriff's Office by providing additional funds earmarked specifically for law enforcement purposes. The bill includes a provision allowing the court to waive fees in cases where payment would cause substantial hardship for individuals requesting the service, thereby aiming to alleviate potential financial burdens on those in need of court services. The establishment of this fund represents a direct approach to ensuring that local law enforcement has the necessary resources to perform their duties effectively.

Summary

House Bill 345 establishes a service of process fee specifically for St. Clair County, Alabama. This bill allows for the collection of fees for the service or attempted service of court documents by the St. Clair County Sheriff's Office. A fee of $25 will be charged for documents requiring personal service in the civil and criminal divisions of the local court, while a higher fee of $50 will apply for services pertaining to documents outside of St. Clair County. The fees collected are designated to fund law enforcement activities within the county through the creation of the St. Clair County Sheriff's Service of Process Fee Fund.

Sentiment

The discussion around HB 345 appears to have been largely supportive within the legislative context, as evidenced by the unanimous passing of the bill in the Senate. Local government officials and law enforcement agencies likely view this legislation favorably as a means to enhance their operational budgets without imposing an excessive financial strain on the community, particularly given the waiver option. However, there could also be underlying concerns about whether such fees may disproportionately impact low-income residents seeking justice.

Contention

While HB 345 allows for the establishment of fees that could bolster local law enforcement funding, there are inherent contentions regarding the fairness and equity of imposing such fees on the public for court services. The inclusion of provisions to waive the fees for those under financial strain indicates an awareness of potential challenges that some residents may face. The success of this law will largely depend on how effectively the waiver process is communicated and implemented, ensuring that access to legal proceedings remains equitable for all citizens in St. Clair County.