Amendment vs bill Local Legislation Amendment FXV2DCD-1 vs Enrolled

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HB447 ENROLLED HB447 WY1Q995-3 By Representatives McCampbell, Jackson (N & P) RFD:
FXV2DCD-1 :
Local Legislation First Read:
4/12/2024 :
11-Apr-24 Page 0 HB447 Enrolled Enrolled, An Act, 3 Relating to Marengo County;
LG 1ST LOCAL LEGISLATION AMENDMENT TO HB447 OFFERED BY REPRESENTATIVE JACKSON Replace line 48 on page 2 with the following:
to provide for service of process in the county;
assessed if a judge finds that payment of the fee will create Page 1
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 documents;
and to provide for the disposition of funds.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.
This act shall apply only to Marengo County.
Section 2.
The sheriff, except for warrants for arrest, may contract with or enter into agreement with a private, public, or governmental entity for the purpose of service of process.
Section 3.
(a) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of the county shall assess a service of process fee of fifty dollars ($50) for service or attempted service of process on each document requiring personal service of process by the sheriff for matters pending or to be commenced in a court in the county.
(b) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of the county shall assess a service of process fee of fifty dollars ($50) for service or attempted service of process on each document requiring Page 1 HB447 Enrolled personal service of process by the sheriff for matters pending or to be commenced in a court in the state but outside of the county.
(c) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of the county shall assess a service of process fee of seventy-five dollars ($75) for service or attempted service of process on each document requiring personal service of process by the sheriff for matters pending or to be commenced in a court outside of the state.
(d) Notwithstanding the foregoing, the fee shall not be assessed if a judge finds that payment of the fee will create a substantial hardship.
A verified statement signed by the individual requesting service and approved by the judge attesting the substantial hardship shall be filed with the clerk of the court.
Section 4.
The court official designated in the county by law for the respective courts shall collect the service of process fee designated in this act and remit the fees collected to the sheriff for deposit into the Sheriff's Law Enforcement Fund.
Section 5.
The sheriff may use the monies generated by this act for law enforcement purposes and to discharge the duties of the office of the sheriff as the sheriff sees fit.
Section 6.
The Sheriff's Law Enforcement Fund and the use of the proceeds may not diminish or take the place of any Page 2 HB447 Enrolled other source of income established for the sheriff or the operation of the jail.
Section 7.
This act shall become effective on October 1, 2024.
Page 3 HB447 Enrolled ________________________________________________ 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, as amended.
John Treadwell Clerk Senate 08-May-24 Passed Page 4