HB 634

Relating to Colbert County; to increase the fee for service of process in Colbert County for locally originated documents; to establish a fee for service of process in Colbert County for out-of-state documents; and to reaffirm the disposition of funds.

Section 1

(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 Colbert County shall increase the fees by seventeen dollars and fifty cents ($17.50) per document personally served by the sheriff's office, or its designee. For the purposes of this act, the term document shall include multiple papers served on a party or entity at one time. (b) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court office in the civil division of the District and Circuit Courts of Colbert County for documents generated out-of-state shall create a fee of fifty dollars ($50) per document served by the sheriff's office, or its designee. For the purposes of this act, the term document shall include multiple papers served on a party or entity at one time. (c) For the purposes of this act, all charges imposed under this act are taxed as costs to any party to the action by the judge of the court presiding at the hearing of the matter. (d) The court official designated in Colbert County by law for the respective courts shall collect the additional service of process fee designated in subsection (a) with five dollars ($5) retained by the Colbert County Circuit Clerk's Office and the remaining twenty-five dollars ($25) remitted to the Colbert County Sheriff's Office for deposit in the Sheriff's Civil Process Fund. (e) The court official designated in Colbert County by law for the respective courts shall collect the additional service of process fee designated in subsection (b) and remit to the Colbert County Sheriff's Office for deposit in the Sheriff's Civil Process Fund.

Section 2

The Sheriff of Colbert County may use the monies generated by this act for law enforcement purposes as the sheriff sees fit.

Section 3

Any actions relating to the collection of service of process fees and use of the funds prior to the effective date of this act are hereby ratified and confirmed.

Section 4

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.