STATE OF ALABAMA
COUNTY OF MARION
NOTICE is hereby given that a bill substantially as follows will be introduced in the 2023 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made:
Synopsis: Relating to Marion County; to create the Marion County Service of Process Service Fee; to further provide for service of process in Marion County; to provide that the sheriff may contract with or enter into agreement with, except for warrants for arrest, a private, public, or governmental entity for the purpose of service of process; to set the fee for civil or criminal documents for in-state cases and for out-of-state cases with certain exceptions; and to provide for the disposition of funds.
Relating to Marion County; to create the Marion County Service of Process Service Fee; to further provide for service of process in Marion County; to provide that the sheriff may contract with or enter into agreement with, except for warrants for arrest, a private, public, or governmental entity for the purpose of service of process; to set the fee for civil or criminal documents for in-state cases and for out-of-state cases with certain exceptions; and to provide for the disposition of funds.
Section 1. (a) This section shall only apply to Marion County.
(b) The Marion County Sheriff of Process Serving Fee is created and herein after referred to as the fee. The Sheriff of Marion County or his designee shall deposit the proceeds into the Marion County General Fund, hereinafter referred to as the fund. The County Commission shall keep an account of all transactions for audit by the Department of Examiners of Public Accounts at the same time other accounts of the Marion County Commission are audited.
(c) The Sheriff of Marion County, except for warrants for arrest, may contract with or enter into contract or agreement with a private, public, or governmental entity for the purpose of service of process.
(d) (1) In addition to all other 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 Marion County, a service of process fee of thirty dollars ($30) per document is imposed and shall be paid into the fund.
(2) The court official designated in Marion County by law for the respective courts shall collect the service of process fee designated in subsection (1) and remit the fees collected to the Marion County Commission for deposit in the Fund.
(3) A service of process fee of fifty dollars ($50) shall be collected for service or attempted service of process by the sheriff for matters pending or to be commenced in a court outside of the State of Alabama.
(e) The Marion County Commission may use the monies generated by this section as the Marion County Commission determines best, to include the Marion County Sheriff entering into a contract or an agreement, except for warrants for arrest, 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.
Section 2. The establishment of the Marion County Sheriff Service of Process Servicing Fee and the use of the proceeds shall not diminish or take the place of any other source of income established for the sheriff or the operation of the jail.
Section 3. 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.
PSF
April 12,19,26
May 3
599