HB567 By Representative Blackshear RFD Local Legislation Rd 1 21-APR-16

A BILL TO BE ENTITLED AN ACT

Relating to Russell County; to create the Russell County Sheriff Service of Process Fund; to further provide for service of process in the county; to provide that the sheriff may contract with or enter into agreement with a private, public, or governmental entity for the purpose of service of process; to set the fee for civil or criminal documents with certain exceptions; and to provide for the disposition of funds.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) This section shall apply only to Russell County.

(b) The Russell County Sheriff Service of Process Fund is created and hereinafter referred to as the Fund.

(c) The Sheriff of Russell County, except for warrants for arrest, may contract with or enter into an agreement with a private, public, or governmental entity for the purpose of service of process.

(d)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil and criminal division of the district and circuit courts of Russell County shall assess a service of process fee of fifteen dollars ($15) per document, and the fees shall be distributed according to this subsection.

(2) The court official designated in Russell County by law for the respective courts shall collect the service of process fee designated in this subsection and shall remit two-thirds of the fees collected to the sheriff for deposit into the Fund and one-third of the fees collected to the circuit clerk fund.

(e) The sheriff may use the monies generated by this section for law enforcement purposes in the county, at the discretion of the sheriff, including contracting with or entering into a contract or agreement with a private, public, or governmental entity for service of process of documents from the civil or criminal division of the district or circuit court. The funds may not revert to the general fund of the county at the end of the fiscal year.

(f) The establishment of the Russell County Sheriff Service of Process Fund and the use of the proceeds may not diminish or take the place of any other source of income established for the sheriff or the operation of the jail.

(g) The district attorney, law enforcement, and grand juries shall be exempt from payment of the fees provided by this act.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Russell County

Counties

Sheriffs

Service of Process

Court, Circuit

Court, District

Circuit Clerks