Talladega County, service of process fee for service by sheriff established, collection and disposition provided for
Summary
HB432 is a local bill that applies only to Talladega County and creates new service-of-process fees for the Talladega County Sheriff’s Office. It authorizes a $50 fee for service or attempted service of process on matters pending or to be commenced in a court outside Alabama, and a $100 fee when the service or attempted service is directed to an inmate at the Federal Correctional Institution in Talladega for an out-of-state matter. The bill also directs the county court clerk or other designee to collect the fee and remit it to the sheriff.
The bill establishes a separate "Sheriff's Official Account" for these receipts. Money in that account is kept outside the sheriff’s regular county general fund budget and may be spent at the sheriff’s discretion for law enforcement purposes. The act also exempts the district attorney, law enforcement, grand juries, Talladega County, and all other Alabama counties from paying the fee. If enacted, the bill would take effect October 1, 2025 and would amend local law governing sheriff fee collection and use in Talladega County.
Impact
HB432 would change local law in Talladega County by creating a new fee structure for sheriff service or attempted service of process in civil matters involving out-of-state courts, including a higher fee for service on inmates at the federal prison in Talladega. It would also require local court officials to collect and remit those fees and would create a dedicated sheriff’s account for the proceeds, expanding the sheriff’s discretionary funding for law enforcement purposes without reducing existing budgeted funds.
Sentiment
The available voting history suggests the bill was generally supported, passing the House of Origin overwhelmingly on a 52-1 vote and advancing on third reading with the same margin. No committee transcript is available, but the strong vote indicates broad acceptance of the local fee authority and the funding mechanism. The lone dissent suggests limited opposition rather than widespread controversy.
Contention
The main points of potential contention are the creation of a new fee on service or attempted service of process and the use of those funds in a separate sheriff-controlled account. Critics could object to increasing costs for litigants needing service in out-of-state matters, especially in cases involving inmates at the federal correctional facility. Supporters likely view the measure as a local funding tool for sheriff operations and law enforcement needs, with exemptions for government actors reducing internal public-sector costs.