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SB305 Alabama 2017 Session

Updated Feb 27, 2026
Low Interest

Summary

Primary Sponsor
Dick Brewbaker
Dick Brewbaker
Republican
Session
Regular Session 2017
Title
Montgomery Co., civil service of process fee, collection by sheriff clarified, Act 2015-264, 2015 Reg. Sess., am'd.
Summary

SB305 adds a $30 per-document service of process fee for Sheriff-served documents in Montgomery County courts and for matters outside the county, and explains how the money is collected and used.

What This Bill Does

Imposes a new one-time service of process fee of $30 per document requiring personal service by the Montgomery County Sheriff for matters pending or commenced in a court in Montgomery County or outside it. The fee is collected by the court official designated for the respective courts. Ten percent of the fee goes to the circuit clerk to support the clerk’s office, and the remainder goes to the Montgomery County general fund. The bill includes exemptions for hardship (with a verified statement) and for the district attorney, law enforcement, and grand juries; it also specifies an effective date when the law takes effect.

Who It Affects
  • Individuals or entities requiring personal service of process (such as plaintiffs, defendants, or others) for civil or criminal matters in Montgomery County or in courts outside the county, who would pay a new $30 per-document fee unless hardship applies.
  • Montgomery County government operations, including the Sheriff’s Office and the circuit clerk’s office, which collect and distribute the fee (10% kept by the circuit clerk for the clerk’s fund and the remainder to the county general fund).
Key Provisions
  • Adds an additional one-time service of process fee of $30 per document for personal service of process by the Sheriff of Montgomery County for matters pending or commenced in courts in Montgomery County.
  • Also imposes the same $30 per document fee for matters pending or commenced in courts outside Montgomery County.
  • The circuit clerk collects the fee; 10% is retained for the circuit clerk’s fund and the remainder goes to the Montgomery County general fund.
  • Exempts the fee from payment if paying would create a substantial hardship (verified statement approved by the court). Exempts the district attorney, law enforcement, and grand juries from paying the fee.
  • Effective date: the act becomes effective on the first day of the third month after passage and approval.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Bill Actions

S

Assigned Act No. 2017-438.

S

Enrolled

H

Signature Requested

S

Passed Second House

H

Motion to Read a Third Time and Pass adopted Roll Call 965

H

Third Reading Passed

H

Read for the second time and placed on the calendar

H

Read for the first time and referred to the House of Representatives committee on Montgomery County Legislation

S

Engrossed

S

Motion to Read a Third Time and Pass adopted Roll Call 732

S

Brewbaker motion to Adopt adopted Roll Call 731

S

Brewbaker Amendment Offered

S

Third Reading Passed

S

Brewbaker motion to Carry Over to the Call of the Chair adopted Voice Vote

S

Third Reading Carried Over to Call of the Chair

S

Read for the second time and placed on the calendar

S

Read for the first time and referred to the Senate committee on Local Legislation

Bill Text

Votes

Motion to Read a Third Time and Pass

April 27, 2017 Senate Passed
Yes 23
Abstained 1
Absent 11

Brewbaker motion to Adopt

April 27, 2017 Senate Passed
Yes 23
Abstained 1
Absent 11

Motion to Read a Third Time and Pass

May 17, 2017 House Passed
Yes 21
No 2
Abstained 76
Absent 6

Documents

Source: Alabama Legislature