Alabama Attorney General Opinion 1979-0087

OFFICE OF THE ATTORNEY GENERAL ,B4, 000?/2 * ?Jr CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA LEE L. HALE ADMINISTRATIVE BUILDING DEPUTY ATTORNEY GENERAL 64 NORTH UNION STREET MONTGOMERY, ALABAMA 36130 WILLIAM N. DEMURS. JR. AREA (2051. 634-5140 EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT February 2, 1979 Honorable M. L. Murphy Sheriff Russell County Courthouse Phenix City, Alabama 36867 Sheriff - Pistol Permit Fund - County Commissions Act No. 619, infra, does not abolish Sheriff's Pistol PerMit Fiord. Dear Sir: In a recent letter to this office, you requested our opinion regarding the effect of Act No. 619, Acts of Alabama, Regular Session 1978, upon Act No. 1808, Acts of Alabama, Regular Session 1971. Act No. 1808, supra, reads, in pertinent part, as follows: "In all counties having populations of not less than 42,000 nor more than 49,500 according to the most recent federal decennial census, the fee for the issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided by Title 14, Section 177 of the Code of Alabama 1940, as last amended, shall be five dollars ($5.00), to be collected by the sheriff. Three dollars ($3.00) of said fee shall be deposited in the general fund of the county, and two dollars ($2.00) of said fee shall be deposited in a special fund or account of the county treasury and shall be used exclusively by the sheriff at his discretion for law enforcement purposes." (Emphasis added) , Honorable M. L. Murphy - 2 - 2-2-79 Phenix City, Alabama Title 14, Section 177, supra, is now codified as Code of Alabama 1975, Section 12-6-155, which provides for a $1.00 fee for issuing a pistol permit with the $1.00 to be paid into the county treasury. Code of Alabama 1975, Section 36-22-17, reads, in pertinent part, as follows: "All fees, commissions, percentages, allowances, charges, and court costs heretofore collectible for the use of the sheriff and his deputies, including the allowances and amounts received for feeding prisoners, shall be collected and paid into the general fund of the county." At the time that Act No. 1808, supra, was enacted, the law as stated in Section 36-22-17, supra, was found at Title 54, Section 27(3), Code of Alabama 1940, (Recompiled 1958) (Cumin. Supp. 1973). The mere recodification of Section 27(3), supra, as Section 36-22-17, supra, had no effect on local laws such as Act No. 1808, supra. See Section 4 of Act No. 20, Acts of Alabama, Regular Session 1977. To my knowledge, Act No31808 has never been repealed and, therefore, $2.00 of the fee required by Act No. 1808, supra, shall be deposited in a special fund or account of the Russell County Treasury and shall be used exclusively by the Sheriff of Russell County at his discretion for law enforcement purposes. Act No. 619, supra, amended Section 36-22-17, supra, to read, in pertinent part, as follows: "All fees, commissions, percentages, allowances, charges 0 and court costs heretofore collectible for the use of the sheriff and his deputies, excluding the allowances and amounts received for feeding prisoners which the various sheriffs of the various counties shall be entitled to keep and retain except in those instances where the county commission directs such allowances and amounts to be paid into the general fund of the county by proper resolution passed by Gard county commission of said county, shall be collected and paid into the general fund of the county." In my opinion, Act 619, supra, merely dlikaldS Section 36-22-17, supra, to the extent that it gives county commissioners the discretion of whether or not to allow the Sheriff to control funds for feeding prisoners. It is also my opinion that Act No. 619, supra, was not intended to repeal Act No. 1808, supra, or any other similar local law establishing a Sheriff's Pistol Permit Fund. Very truly yours, CHARLES A. GRADDICK Attorney General By - PATRICK L. ROBINSON Assistant Attorney General • PLR/dc