LEGAL NOTICE
NO SPECIAL, PRIVATE, OR LOCAL LAW CAN BE PASSED, except in reference to fixing the time of holding courts, unless notice of the intention to apply therefor shall have been published, without cost to the State, in the county or counties where the matter or thing to be affected may be situated. The notice must state the substance of the proposed law and be published at least once a week for four consecutive weeks in some newspaper published in such county or counties. Such publication must have been completed prior to the day on which the bill is introduced.
Proof by affidavit (proof of publication) which verifies that notice has been properly published must be exhibited to the House of Representatives and the Senate, and one copy of such proof must be attached to the original copy of the bill which is offered for introduction.
The county or municipality affected by a local law introduced by a legislator must pay for advertising the notice, if the notice is signed by the Legislator, even though the bill is not passed. (Section 11-13-6, Code of Alabama 1975)
A BILL TO BE
ENTITLED AN ACT
Relating to Marion County; to create the Service of Process Fund; to provide for service of process; and to provide for the collection and distribution of fees associated with service of process.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The Marion County Service of Process Fund is created in the county treasury. The county commission shall keep an account of all transactions associated with the fund for audit by the Department of Examiners of Public Accounts at the same time as the commission’s other accounts are audited.
(b) The Sheriff of Marion County may contract with a private, public, or governmental entity for the purpose of service of process for any document other than a warrant for arrest.
(c) (1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the criminal division of the district and circuit courts of Marion County shall collect a service of process fee of fifty dollars ($50) per case for each party requiring personal service of process by the sheriff, which shall be paid into the fund.
(2) 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 Marion County shall collect a service of process fee of fifty dollars ($50) per case for each party requiring personal service of process by the sheriff, which shall be paid into the fund.
(d) The Marion County Commission may use the monies generated by this section at its discretion for any lawful purpose.
(e) The monies generated by this section shall not diminish or take the place of any other source of income for the county or any subdivision of the county.
(f) The district attorney and grand juries shall be exempt from payment of the fees provided for in this section.
Section 2. This act shall become effective on October 1, 2025.
SPF
2/12, 2/19, 2/26, 3/5
517