Ala. Code § 45-12-82.01 — Alabama Code / Title 45 / Chapter 12 / Section 45-12-82.01
Section 45-12-82.01 Establishment of Pretrial Diversion Program; Discretionary Powers; Supervision and Control
Status: in_force

(a) The District Attorney of the First Judicial Circuit of Alabama may establish a pretrial diversion program.

(b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the District Attorney of the First Judicial Circuit shall be retained.

(c) The pretrial diversion program shall be under the direct supervision and control of the district attorney and the district attorney may contract with any agency, person, or corporation for services related to this part. The district attorney may employ necessary persons to accomplish this part and these persons shall serve at the pleasure of the district attorney.
Ala. Code § 45-42-150.12 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-150.12
Section 45-42-150.12 Seizure and Forfeiture of Contraband
Status: in_force

Any device, equipment, record, money, or stakes used in any bingo game or operation in violation of this article, may be contraband and may be seized and be forfeited. Property forfeited may be sold, destroyed, or retained for official use by the municipal, county, state, or law enforcement agencies, as the circuit court directs following a full due process hearing.
Ala. Code § 45-44-150.01 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-150.01
Section 45-44-150.01 Qualifications of Members
Status: in_force

(a) Each racing commissioner shall take the same constitutional oath of office as any other county officer, and shall give bond payable to Macon County in the amount of twenty-five thousand dollars ($25,000) conditioned that such commissioner shall faithfully and properly perform the duties of such office. The premium on such bond shall be paid by the racing commission. The racing commission may employ such assistants and employees as may be necessary who shall be paid out of the funds collected by the racing commission.

(b) A member of the racing commission shall not be an officer, director, or employee of any licensee or have any financial interest in any race track or race meeting licensed by the racing commission and shall not own or race greyhound dogs in any race meeting licensed by the racing commission.
Ala. Code § 45-49-120.16 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-120.16
Section 45-49-120.16 Demotions
Status: in_force

An appointing authority, upon giving written notice, stating reasons, to and with the approval of the director, may demote a classified employee under his or her jurisdiction from a position in one class to a position in a lower class.
Ala. Code § 45-37A-56.41 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-56.41
Section 45-37A-56.41 Notice of Bond Resolution
Status: in_force

Upon the adoption by the board of any resolution providing for the issuance of bonds, the authority may in its discretion cause to be published once a week for two consecutive weeks, in a newspaper that is customarily published in this state not less than five days in each calendar week and distributed in the county in which is located the principal office of the authority, a notice in substantially the following form, the blanks being properly filled in, at the end of which there shall be printed the name and title of either the chair or secretary of the authority; “________ a public corporation of the State of Alabama, on the ___ day of _________ authorized the issuance of $_____ principal amount of revenue bonds of the corporation for purposes authorized in the act of the Legislature of Alabama under which the corporation was organized. Any action or proceeding questioning the validity of the bonds, or the pledge and any instruments securing such bonds, or the proceedings authorizing the same, shall be commenced within 30 days after the first publication of this notice.” Any action or proceeding in any court to set aside or question the proceedings for the issuance of the bonds referred to in the notice or to contest the validity of any such bonds or the validity of the pledge and any instruments made to secure such bonds shall be commenced within 30 days after the first publication of such notice. After the expiration of the period no right of action or defense questioning or attacking the validity of the proceedings, the bonds, or the pledge or instruments shall be asserted, nor shall the validity of the proceedings, bonds, pledge, or instruments be open to question in any court on any ground whatsoever except in an action commenced within such period.
Ala. Code § 45-48-241.03 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-241.03
Section 45-48-241.03 Bond
Status: in_force

Before entering the duties of his or her office, the county revenue commissioner shall take the oath of office prescribed by Article XVI of the Constitution of Alabama of 1901, and execute a bond in a sum as may be fixed by Section 40-5-3 for tax collectors. The bond shall be conditioned as other official bonds are conditioned and shall be approved and filed with the judge of probate. The cost of the bond required shall be paid out of the general fund of the county on warrant of the county commission, and shall be a preferred claim against the county.
Ala. Code § 45-28-10 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-10
Section 45-28-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Etowah County local laws enacted after 1978 and all Etowah County prior local laws that were amended or affected by a local law enacted after 1978.

(b) It is the purpose of this chapter to state current applicable law. To this end:

(1) This chapter shall not affect the compensation, terms, pension and retirement benefits and rights, and other benefits and rights otherwise provided by law enacted prior to the codification of this chapter.

(2) A condition or requirement for operation or effect of a law included in this chapter, including, but not limited to, voter approval at a referendum, is not superseded by the inclusion of the law in this chapter, and such condition or requirement remains applicable.

(3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment.

(4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law.

(5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application.

(c)(1) The classification and organization of this chapter, the parts, subparts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom.

(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
Ala. Code § 45-26A-71 — Alabama Code / Title 45 / Chapter 26A / Section 45-26A-71
Section 45-26A-71 Regulation of Sale and Distribution of Draft Beer
Status: in_force

(a) This section shall apply to the regulation of the sale and distribution of alcoholic beverages in the City of Wetumpka.

(b) The City Council of the City of Wetumpka, by resolution or ordinance, may authorize the sale and distribution of draft beer by retail licensees of the Alcoholic Beverage Control Board within the city. Notwithstanding the foregoing, keg beer may not be sold for off-premises consumption.

(c) The provisions of this section are cumulative and supplemental to the present power and authority of the City of Wetumpka and are not intended to, nor shall it be interpreted so as to repeal any existing power or authority of the City of Wetumpka now permitted under the general laws of the state, or under any local or special act of the Legislature.
Ala. Code § 45-45-121.11 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-121.11
Section 45-45-121.11 Violations
Status: in_force

Any person who violates any of the provisions of this part shall be subject to a suit for injunctive relief only. Notwithstanding the foregoing, the appeal procedure set out in subsection (f) of Section 45-45-121.06 shall be exclusive as to any action seeking a review of a personnel board decision.
Ala. Code § 45-20-83.20 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-83.20
Section 45-20-83.20 Applicability and Purpose
Status: in_force

This subpart shall only apply in Covington County. The purpose of this subpart is to facilitate the use of public records in property transactions in Covington County by providing for the installation of an improved system of indexing of instruments and documents affecting the title to real and personal property that are recorded in the office of the judge of probate and for the indexing of other instruments, documents, and other uses in the discretion of the judge of probate.
Ala. Code § 45-49-249.02 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-249.02
Section 45-49-249.02 Levy of Tax
Status: in_force

In addition to all other taxes now imposed by law, every person who sells, stores, or delivers any cigarettes within the county shall pay a license tax to the county, and a license tax is hereby fixed and levied, which license tax shall be two cents ($0.02) for each package of cigarettes made of tobacco or any substitute therefor.
Ala. Code § 45-37-244.03 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-244.03
Section 45-37-244.03 Taxation on Disposal of Human Waste Biosolids
Status: in_force

(a) The Jefferson County Commission, in addition to all other taxes, may levy a privilege or excise tax in an amount to be set by the county commission per ton of biosolids composed of human waste delivered to a landfill in Jefferson County for disposal.

(b) The tax shall be collected by the operator of the landfill accepting biosolids composed of human sewage for disposal. The tax shall be paid to the Jefferson County Commission by the 15th day of the month immediately following the date of delivery of the biosolids composed of human sewage. It is the intent of this section that the tax be paid by the person, firm, corporation, or other entity delivering the biosolids. In the event that the tax is not paid as provided in this section, the operator of the landfill shall be liable for the tax.

(c) The proceeds from the tax shall be used by the Jefferson County Commission exclusively for the solid waste program in the county.

(d) Jefferson County shall be exempt from the privilege license or excise tax levied by this section.
Ala. Code § 45-51-150.01 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-150.01
Section 45-51-150.01 Definitions
Status: in_force

As used in this article the following words shall have the following meanings as ascribed herein, unless the context clearly indicates otherwise:

(1) BINGO. That game commonly known as bingo where numbers or symbols on a card are matched with numbers or symbols selected at random.

(2) BINGO SESSION. A consecutive period of time, not to exceed five consecutive hours, during which bingo is played in a given day and not to exceed two such days in a given week, except for special permit holders.

(3) LOCATION. A single building, hall, enclosure, or outdoor area used for the purpose of playing bingo pursuant to a permit or license issued under this article.

(4) PERMIT HOLDER. A qualified organization which has been issued a permit or license pursuant to this article.

(5) PERSON. Any human being, corporation, association, or other legal entity.

(6) QUALIFIED ORGANIZATION. A bona fide religious, educational, service, senior citizens, fraternal, or veterans’ organization which operates without profit to its members and which either has been in existence continuously as such an organization for a period of 12 months or is exempt from taxation by virtue of having been classified as a tax exempt nonprofit organization by the Internal Revenue Service, United States Government.

(7) SPECIAL PERMIT HOLDER. One who holds a permit for a special occasion and as provided by Section 45-51-150.04.
Ala. Code § 45-20-150 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-150
Section 45-20-150 Definitions
Status: in_force

As used in this article the following words shall have the following meanings:

(1) BINGO. The game where numbers or symbols on a card are matched with numbers or symbols selected at random.

(2) BINGO SESSION. A consecutive period of time during which bingo is played on a given day.

(3) LOCATION. A single building, hall, enclosure, or outdoor area used for the purpose of playing bingo pursuant to a permit issued under this article.

(4) PERMIT HOLDER. A qualified organization which has a permit pursuant to this article.

(5) PERSON. Any human being, corporation, association, or other legal entity.

(6) QUALIFIED ORGANIZATION. A bona fide religious, educational, service, senior citizens, fraternal, or veterans organization which qualifies as an exempt organization under Section 50l(c) of the Internal Revenue Code and which operates without profit to its members and, except for special permit holders issued pursuant to Section 45-20-150.03, which has been in existence continuously as that organization for a period of five years and which has owned or leased real property in Covington County for at least five years immediately prior to making application for a permit under this article.

(7) SPECIAL PERMIT HOLDER. One who holds a permit for a special occasion pursuant to Section 45-20-150.03.
Ala. Code § 45-42-200.03 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-200.03
Section 45-42-200.03 Chief Clerk
Status: in_force

The county license commissioner shall recommend to the commission a chief clerk who, in the absence of the commissioner, shall exercise the same powers and authority herein granted to the commissioner. Such chief clerk before entering upon his or her duties, must take the oath directed to be taken by the constitutional officers of the state and give bond payable to the commissioner in such sum as he or she may prescribe conditioned upon the faithful performance of his or her duties. The surety on such bond shall be a bond issued by a bonding company authorized to do business in this state. Such bond shall be approved by the commissioner, filed and recorded in the office of the judge of probate. The premiums on this bond shall be paid out of the general fund of the county.
Ala. Code § 45-28-150.01 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-150.01
Section 45-28-150.01 Definitions
Status: in_force

As used in this article the following words shall have the following meanings as ascribed herein, unless the context clearly indicates otherwise:

(1) BINGO. That game commonly known as bingo where numbers or symbols on a card or paper sheet are matched with numbers or symbols selected at random.

(2) BINGO SESSION. A consecutive period of time not to exceed five consecutive hours during which bingo is played in a given day and not to exceed two such days in a given week, except for special permit holders.

(3) LOCATION. A single building, hall, enclosure, or outdoor area used for the purpose of playing bingo pursuant to a permit or license issued under this article. Bingo games shall be held only on the premises wholly owned by a qualified permit holder with exception to a rental agreement in accordance with this article.

(4) PERMIT HOLDER. A qualified organization which has been issued a permit or license pursuant to this article.

(5) PERSON. Any human being, corporation, association, or other legal entity.

(6) QUALIFIED ORGANIZATION. A bona fide religious, educational, service, senior citizens, fraternal, or veterans’ organization located in and serving the people of Etowah County which operates without profit to its members and which has been in existence continuously as such an organization for a period of five years and is exempt from taxation by virtue of having been classified as a tax exempt nonprofit organization by the Internal Revenue Service, United States Government. The tax-exempt Etowah County Council on Aging is exempt from the time requirement.

(7) SPECIAL PERMIT HOLDER. One who holds a permit for a special occasion and as provided by Section 45-28-150.04.
Ala. Code § 45-2-22.09 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-22.09
Section 45-2-22.09 Waiver of Rights; Voluntary Settlements
Status: in_force

A wholesaler may not waive any of the rights granted in any provision of this part and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this part shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
Ala. Code § 45-40-245.39 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-245.39
Section 45-40-245.39 Disposition of Funds
Status: in_force

The proceeds of any taxes herein authorized to be levied shall be paid over by the county within 10 days after their receipt as follows:

(1) Fifty percent shall be paid over to the county board of education.

(2) Fifty percent shall be paid over to the county general fund.
Ala. Code § 45-37A-240.24 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-240.24
Section 45-37A-240.24 Standards for Admission
Status: in_force

(a) The city prosecutor may consider an offender for the pretrial diversion program based on any of the following circumstances:

(1) There is a probability justice will be served if the offender is placed in the program.

(2) It is determined the needs of the state, city, and of the offender can be met through the program.

(3) The offender appears to pose no substantial threat to the safety and well-being of the community.

(4) It appears the offender is not likely to be involved in further criminal activity if the offender complies with all conditions imposed pursuant to the program.

(5) The offender will likely respond to rehabilitative treatment or counseling.

(6) The need for restitution for the victim from the offender outweighs the interest of the state and city for incarceration of the offender.

(b) The city prosecutor may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
Ala. Code § 45-37-123.21 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.21
Section 45-37-123.21 Designation of Administrative Authority
Status: in_force

(a) General administration. The role of the pension board is established by the State of Alabama through legislative act. The pension board is responsible for the general administration and proper operation of the plan. The pension board also is responsible for making effective the provisions of the act.

(b) Qualifications of pension board members. In addition to the qualifications set forth in subsection (c), any individual elected or appointed to the pension board shall complete a background check before the commencement of his or her term. A prior conviction for a crime of moral turpitude including, but not limited to, the misappropriation of the funds or property of another, as determined by the pension board, shall disqualify any individual elected or appointed to the pension board from serving on the pension board.

(c) Composition of pension board. The pension board is comprised of five members, designated respectively as member number one, member number two, member number three, member number four, and member number five.

(1) MEMBER NUMBER ONE. Member number one shall be appointed by the governing body of the county and shall serve as chair of the pension board. Member number one shall have a minimum of 10 years’ experience in an executive capacity in insurance, investment management/consultant, or actuarial work. The initial term of member number one shall be for one year; and thereafter the term of member number one shall be for three years.

(2) MEMBER NUMBER TWO. Member number two shall be appointed by the judge of probate, who is an elected official of the county. Member number two shall have a minimum of 10 years’ experience in an executive capacity in investing or banking. The initial term of member number two shall expire at the end of two years; and thereafter the term of member number two shall be for three years.

(3) MEMBER NUMBER THREE. Member number three shall be appointed by the Personnel Board of Jefferson County . Member number three shall have a minimum of 10 years’ experience as a certified public accountant. The initial term of member number three shall expire at the end of three years; and the term of member number three shall be for three years.

(4) MEMBERS NUMBER FOUR AND FIVE. Member number four and member number five shall be elected by the members of the system. Member number four shall be a retired member of the system. Member number five shall be a member of the system. The initial term of member number four shall be for one year; and thereafter the term of member number four shall be for three years. Member number five shall be elected for a term of three years.

(d) Procedure for the election of board members four and five and selection of the election board.

(1) Elections of member number four and member number five shall be conducted by separate paper or electronic ballot pursuant to procedures established by the pension board.

(2) The members of the system shall elect member number four and member number five. The pension board shall give at least 15 days’ written notice of the time and procedure of the election by posting the same on the retirement system website and by delivering an electronic or paper copy of the written notice to the county manager who shall inform all individuals on the county payroll of the election; however, the failure to inform all employees of the election shall not invalidate the election.

(3) The elections of member number four and member number five shall be supervised by three members of the system volunteering to serve as the election board. The members that volunteer to serve as the election board shall be appointed by the members of the system at the annual meeting as provided for in Section 45-37-123.22(b)(14). If the members of the system fail to appoint members to the election board, or if any member so appointed cannot or will not volunteer to serve on the election board, the pension board shall appoint the members of the election board. The pension board may prescribe additional rules for the elections of member number four and member number five not inconsistent with the provisions hereof.

(e) Vacancy, how filled. If a vacancy occurs on the pension board, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.

(f) Resignation or removal of pension board member. A member of the pension board may resign by delivering a written resignation to the executive director or be removed by the unanimous vote of the other members of the pension board at a duly called meeting of the pension board.

(g) Secretary. The secretary of the pension board shall be the executive director.

(h) Salary and expenses. Subject to Section 45-37-123.194, the members of the pension board shall serve without pay, but shall be reimbursed for expenses actually paid or incurred in the discharge of their official duties, and shall suffer no loss of salary or wages, if employed by the county, through service on the board.
Ala. Code § 45-8-230.01 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-230.01
Section 45-8-230.01 Purchasing Procedures Using Credit Card
Status: in_force

(a) For the purposes of this section, the term “credit card” means a line of credit issued by a domestic lender or credit card bank.

(b) To provide for convenience in making purchases of tangible personal property or services approved by the sheriff, in Calhoun County the sheriff may establish procedures to make certain purchases through the use of a credit card issued to the Calhoun County Sheriff’s Office. The sheriff shall adopt written policies and procedures governing the use of credit cards which, at a minimum, shall include each of the following:

(1) A monetary limit on the amount of any individual purchase which may be made with a credit card.

(2) A monetary limit on the total monthly amount that may be purchased with a credit card taking into consideration the monetary limit of the fund to be used to pay any credit card charges.

(3) Procedures to ensure that the sheriff has sole access to any credit card, credit card number, access code, or security code.

(4) Procedures to keep accurate records of all purchases made with a credit card which shall be periodically reviewed during required audits.

(5) Procedures to ensure that all credit card bills are carefully reviewed by the sheriff each month to ensure that no unauthorized charges appear on any bill.

(6) Procedures to ensure that all credit card bills are paid in full on a timely basis each month to avoid service charges, late fees, or interest payments.

(c) The sheriff shall select the credit card provider or providers taking into consideration each of the following:

(1) Whether the credit card issuer requires an annual fee to use the account.

(2) Whether the credit card issuer offers rewards or rebates based upon purchases made using the account.

(3) The interest rates, service charges, finance charges, or late fees that may be assessed in the event a bill from the credit card issuer is paid late or the balance is not paid in full each month.

(4) Whether penalties or fees will be assessed against the sheriff in the event he or she decides to terminate the credit card account.

(5) Any other consideration deemed relevant by the sheriff.

(d) In the event that a credit card provides rewards or rebates based upon the use of the card, any rewards or rebates earned from the card shall be deposited in the Sheriff’s Law Enforcement Fund or redeemed for a legitimate public purpose.
Ala. Code § 45-55-244.07 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-244.07
Section 45-55-244.07 Construction and Application
Status: in_force

(a) None of the provisions of this part shall be applied in such manner as to be in violation of the commerce or other clauses of the federal or state constitution.

(b) This statute shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the purpose of resale or reshipment outside of such counties which are actually resold or reshipped.
Ala. Code § 45-16A-40.02 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-40.02
Section 45-16A-40.02 Automated Photographic Speeding Enforcement System Authorized
Status: in_force

(a) The Town of Kinston may use an automated photographic speeding enforcement system to detect and record speeding violations, to issue notices of civil violations by mail, and to prosecute civil violations for the recorded speeding violations which may occur within the corporate limits of the town as provided in this subpart. A civil fine assessed under this subpart shall not exceed one hundred dollars ($100), and municipal court costs may be assessed in the same manner and in the same amounts prescribed for municipal criminal speeding violations prosecuted as a misdemeanor. An additional fee of ten dollars ($10) shall be added to the Kinston Municipal Court costs authorized to be collected in connection with notices issued under this subpart. Court costs collected pursuant to this subpart shall be distributed in the same manner as prescribed by law for the distribution of municipal court costs for misdemeanor violations. The additional ten dollars ($10) authorized by this subpart shall be paid to the Alabama Justice Information Commission as compensation for recordkeeping with respect to speeding violation notices issued pursuant to this subpart.

(b) If an ordinance is adopted for automated speeding enforcement, the town shall cause a sign to be posted at each of a minimum of five roadway entry points to the town to provide motorists with notice that automated photographic speeding enforcement systems are in use. The sign shall comply with this requirement if it states substantially the following: “AUTOMATED CAMERAS USED IN SPEEDING ENFORCEMENT,” or if it otherwise gives sufficient notice.

(c) Prior to operating such an enforcement system, the town shall make a public announcement and conduct a public awareness campaign of the use of an automated photographic speeding enforcement system a minimum of 30 days before using the devices. The town may place photographic speeding enforcement systems at locations without public notice of the specific location, may change locations without public notice, and may install and move as needed decoy devices designed to resemble photographic speeding enforcement systems.

(d) The town shall post signs warning of the use of an automated photographic device for speeding enforcement within 60 yards of every speed detection device used. Each sign shall be placed at least five feet from the edge of the road or street and shall be placed not lower than two feet and not higher than eight feet.
Ala. Code § 45-40-232 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-232
Section 45-40-232 Sale of Abandoned, Stolen, and Unclaimed Property
Status: in_force

(a) The Sheriff of Lawrence County, at public auction, shall sell any abandoned and stolen personal property recovered by the sheriff’s department which has remained unclaimed by the rightful owner for a period of six consecutive months.

(b) The Sheriff of Lawrence County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff’s department which states the description of the property, the date of recovery, the serial or other identifying number, and the place of recovery of the property. The records shall be open to public inspection at reasonable times. All abandoned or stolen property recovered by the sheriff’s department shall be stored in a suitable place to protect the property from deterioration. After reasonable attempts have been made to locate and identify the owner, perishable property may be sold at once without notice. The proceeds shall be held for a period of six months for the account of the owner, and, if unclaimed after that time, shall be paid to the sheriff’s department after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of the property.

(c)(1) At least every six months, the Sheriff of Lawrence County shall sell at public auction to the highest bidder for cash all abandoned or stolen personal property which has been recovered by the sheriff’s department, which has remained unclaimed by the rightful owner after a period of six months. The sales shall be made after notice has been given by publication in a newspaper of general circulation in Lawrence County once a week for two successive weeks or by posting notice in a conspicuous place at the Lawrence County Courthouse for a period of at least 20 days prior to the sale. The notice shall contain the place, date, and time of each auction and a description of each item of personal property to be sold at auction. If publication of the notice is made by publication in the newspaper, the first notice shall run at least 20 days prior to the auction.

(2) The owner of any abandoned or stolen personal property recovered by the sheriff’s department may redeem the property at any time prior to its sale by paying any reasonable expenses incurred in the recovery of the property, its maintenance and storage, and a pro rata share of the costs of publication of notice of the sale of the property.

(d) Whenever any property is sold at public auction, a notation in the storage record book shall be made of the sale and of the amount received for the property. All sales shall be paid in cash. The person making the sale shall have the right to reject any and all bids if the bid amount is unreasonably low and may continue the sale, from time to time, if no bidders are present.

(e) The proceeds from any auction remaining after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of property sold at the auction, shall be paid into the office of the Sheriff of Lawrence County.
Ala. Code § 45-27-90 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-90
Section 45-27-90 Industrial Development Authority
Status: in_force

For the purpose of promoting industry and trade and to assist the county commission or other like governing bodies in Escambia County in their pursuits thereof, there is created an Industrial Development Authority for Escambia County which shall be composed of members as provided in this section. No member of the authority shall hold an elected office. Except as otherwise provided in this section, all members of the authority shall be residents and qualified electors of Escambia County.

(1) Five members of the authority shall be appointed by the Escambia County Commission. All appointments of successors to these five members shall be made by the Escambia County Commission, from a list submitted by the House of Representatives member whose district encompasses the majority of Escambia County. If successors are not appointed within 90 days after the expiration of the members’ terms, the House of Representatives member whose district encompasses the majority of Escambia County shall appoint the successors, and all members shall serve until their successors are appointed. The members of the authority appointed by the Escambia County Commission or the House of Representatives member whose district encompasses the majority of Escambia County shall serve for terms of four years. Vacancies in the positions of these five members shall be filled in the same manner as the original five members are appointed, but any person appointed to fill a vacancy shall serve only for the unexpired portion of the term.

(2) The governing bodies of Brewton and Atmore shall each appoint two members of the authority. The governing bodies of Flomaton and East Brewton shall each appoint one member of the authority. The members of the authority appointed by the governing bodies of Brewton, Atmore, Flomaton, and East Brewton shall serve for terms of three years. Successors to these six members shall be appointed in the same manner as the original six members are appointed, so long as the governing bodies financially support the Industrial Development Authority of Escambia County. All members shall serve until their successors are appointed. Vacancies in the positions of these six members shall be filled in the same manner as the original six members are appointed, but any person appointed to fill a vacancy shall serve only for the unexpired portion of the term. At the completion of any three-year term, or in the case of a vacancy, if a governing body has chosen not to financially support the Industrial Development Authority of Escambia County, its appointees shall be appointed in the same manner as those in subdivision (1).

(3) The Escambia County Commission may authorize additional non-voting ex officio members who are not required to be residents or electors of the county to be appointed by an entity that requests to participate in the authority provided the entity contributes not less than ten thousand dollars ($10,000) each year for the operation of the authority.
Ala. Code § 45-33-240.27 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-240.27
Section 45-33-240.27 Purpose of Subpart
Status: in_force

It is the purpose of this subpart to conserve revenue and promote the public convenience in Hale County by consolidating the offices of tax assessor and tax collector of such county into one county office.
Ala. Code § 45-49A-80 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-80
Section 45-49A-80 City Council Districts
Status: in_force

(a) The Judge of Probate of Mobile County shall divide the City of Prichard into five districts which shall be homogeneous in area and nearly equal in population, with the number of persons residing in each district, according to the last federal census, not to vary by over five percent.

(b) The boundaries as established by the judge of probate shall be certified to the Prichard City Council and shall be used by the council for the election of the members of the city council in the 1980 municipal election and for all council elections thereafter.

(c) The City Council of the City of Prichard shall consist of five council members with one member to be elected by the voters of each of the districts provided for herein. Each council member shall be a resident of the district for which elected and shall have been a resident of the district for at least three months prior to the election and shall remain a resident of the district during the term to which elected.

(d) Should any district established in the City of Prichard for the election of council members be found by the judge of probate, based on any future federal census, to vary by over five percent in population from any of the other districts, then the judge of probate shall change, alter, or rearrange the boundaries of the districts in such manner as to establish five districts which are homogeneous in area and have a population which does not vary by over five percent between districts.
Ala. Code § 45-14-244.01 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-244.01
Section 45-14-244.01 Addition of Tax to Tobacco Products
Status: in_force

Every person, firm, corporation, club, or association that sells, stores, or receives for the purpose of selling or storing in Clay County, any cigarettes, cigars, snuff, and smoking tobacco products shall add the amount of the license or privilege tax levied and assessed to the price of the cigarettes, cigars, snuff, and smoking tobacco products. It is the purpose and intent of this section that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, or association that sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, and smoking tobacco products acting merely as an agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, snuff, and smoking tobacco products on all price display signs, sales or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, snuff, and smoking tobacco products.
Ala. Code § 45-49A-64.13 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-64.13
Section 45-49A-64.13 Cooperation; Aid from Other Public Bodies
Status: in_force

For the purpose of securing public transportation or aiding or cooperating with the authority in the planning, development, undertaking, construction, acquisition, extension, improvement, operation, or protection of transit systems, any county, municipality, or other political subdivision, public corporation, agency, or instrumentality of this state, upon such terms and with or without consideration, as it may determine may do all of the following:

(1) Lend or donate money to, or perform services for the benefit of, the authority.

(2) Donate, sell, convey, transfer, lease, or grant to the authority, without the necessity of authorization at any election of qualified voters, any property or any kind including, but without limitation, any transit systems, any interest in any thereof, and any franchise.

(3) Provide that all or a portion of the taxes or funds available or to become available to, or required by law to be used by it for public transportation service or for the support of transit systems, be transferred or paid directly to the authority as such funds become available.

(4) Do any and all things, whether or not specifically authorized in this section, not otherwise prohibited by law, that may be necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction, acquisition, or operation of transit systems.
Ala. Code § 45-49-150.13 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-150.13
Section 45-49-150.13 Effect of Revocation
Status: in_force

(a) A bingo permit holder whose bingo permit is revoked in consequence of a violation of this part or rule promulgated under this part is ineligible to apply for a bingo permit for a period of 12 months after the date of the revocation.

(b) A person convicted of an offense under Section 45-49-150.14 or any other gambling offense is ineligible to serve as an officer in any organization having a bingo permit or be a bingo permit holder or to participate in conducting bingo for a period of 12 months after the conviction becomes final. If a person violates this subsection, the organization or person shall forfeit the bingo permit and is ineligible to apply for the issuance or reissuance of the bingo permit for a period of 12 months thereafter.

(c) The bingo permit holder shall return the bingo permit to the sheriff immediately upon revocation or forfeiture. Whether returned or not, the bingo permit shall not be valid beyond the date of the revocation or forfeiture.

(d) If the permit is revoked, after a minimum six-month period, a written request for a hearing before the sheriff may be submitted by the sponsoring organization and it shall be within the authority of the sheriff to rescind the revocation after that period of time if it is shown that the person committing the offense under Section 45-49-150.14 or other gambling offenses, is no longer associated with the former bingo permit holder or the sponsoring organization, group, or association.

(e) A bingo permit holder whose bingo permit has been revoked may not apply for a new bingo permit under the name of a different organization. This deception shall result in the permanent revocation of any bingo permits and future applications for bingo permits shall be denied.
Ala. Code § 45-57A-62.04 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-62.04
Section 45-57A-62.04 Board of Trustees
Status: in_force

To manage, supervise, control, and distribute the fund, there shall be a board of trustees, to be known as the Board of Trustees of the Firemen’s and Policemen’s Pension and Relief Fund, which shall have the following five members:

(1) The officer of the city having supervision of the police department, and the fire department, who shall be the chair of the board.

(2) The chief of the city fire department.

(3) The chief of the city police department.

(4) One firefighter.

(5) One policeman. Immediately after June 19, 1947, the chief of the police department shall appoint a policeman and the chief of the fire department shall appoint a firefighter to serve as members of the board until their successors are elected as provided in Section 45–57A–62.05.
Ala. Code § 45-38-81.60 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-81.60
Section 45-38-81.60 Renewal of License or Registration by Mail or through the Internet; Mail Fee
Status: in_force

(a) The Judge of Probate of Lamar County may set and collect a mail fee from any person renewing a motor vehicle registration, business license, boat license, or any other license deliverable by mail or over the Internet to offset the costs of the renewal, including the costs of the mailing of the motor vehicle license decals or license plates, the renewed business license, the renewed boat license, or any other license delivered by mail to the person renewing the registration or license. The judge of probate may set the mail fee on each transaction not to exceed five dollars ($5). All fees authorized under this section shall be collected and deposited in a special fund in the county treasury and used at the discretion of the judge of probate for the operation of the office of the judge of probate.

(b) This section is supplemental to any other authority or fees of the judge of probate. This section shall not affect the option of any person to renew the registration of a motor vehicle , a business license , a boat license, or any other license in person in the office of the judge of probate.
Ala. Code § 45-57-83.20 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-83.20
Section 45-57-83.20 Continued Employment
Status: in_force

In Russell County, any law, whether special, local or general, to the contrary notwithstanding, any person who is employed in the office of judge of probate prior to the election of any judge of probate and who is related by blood or marriage to the judge of probate may continue employment in that office at the pleasure of the Judge of Probate of Russell County.
Ala. Code § 45-8-150.12 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-150.12
Section 45-8-150.12 Bingo Games - Powers and Duties of Calhoun County Bingo Regulatory Commission
Status: in_force

The Calhoun County Bingo Regulatory Commission may, for good cause shown, and after diligent investigation subsequent to the receipt of an application pursuant to this article, recommend to any governing body that a permit to operate bingo games in this county be issued or not be issued to any applicant. The Calhoun County Bingo Regulatory Commission may, for good cause shown, recommend to any governing body that a permit which has been issued to a permit holder for the conducting of bingo games pursuant to this article be revoked or not be revoked. If, after the Calhoun County Bingo Regulatory Commission recommends to the appropriate governing body that a permit not be issued, or be revoked by the governing body, and the governing body notwithstanding the recommendation of the commission issues the permit or fails to revoke the permit, the Calhoun County Bingo Regulatory Commission shall file with the district attorney a report of its findings and shall make recommendations to the district attorney concerning the actions of the governing body.
Ala. Code § 45-52-160.03 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-160.03
Section 45-52-160.03 Contracts for Sale or Lease of Used Equipment or Materials, Etc., Between County and Municipalities; Street Signs
Status: in_force

(a) Morgan County may lease or sell to any municipality within Morgan County and any municipality within Morgan County may lease or sell to Morgan County used equipment or other materials or items, or both, used or usable by counties and municipalities all without advertising for bids.

(b) Morgan County may make and sell street signs to any municipality located within Morgan County without the municipality advertising for bids.
Ala. Code § 45-14-243.06 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-243.06
Section 45-14-243.06 Applicability of Parallel State Provisions
Status: in_force

All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of reports and keeping and preserving records with respect thereto, penalties for failure to pay the tax, the promulgation of rules and regulations with respect to the state sales tax, and the administration and enforcement of the state sales tax statutes, which are not inconsistent with the provisions of this part when applied to the tax levied in Section 45-14-243.02 shall apply to the county tax levied under this part. The State Commissioner of Revenue and the State Department of Revenue shall have and exercise the same powers, duties, and obligations with respect to the county tax levied under this part that are imposed on such commissioner and department, respectively, by the state tax statutes. All provisions of the state sales tax statutes that are made applicable by this part to the county tax levied under this part and to the administration and enforcement of this part are hereby incorporated herein by reference and made a part hereof as if fully set forth herein.
Ala. Code § 45-19-243.04 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-243.04
Section 45-19-243.04 Addition of Tax to Sales Price or Admission Fee
Status: in_force

Each person engaging or continuing in a business subject to the tax levied by this part, shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer because of the sale or admission. It shall be unlawful for any person subject to the tax to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount required to be added to the sale or admission price. It shall be unlawful for any person subject to the tax levied by this part to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption or refund of any portion of the tax.
Ala. Code § 45-49-240.41 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-240.41
Section 45-49-240.41 Expense Allowance
Status: in_force

The Tax Collector of Mobile County shall receive an additional expense allowance of two hundred fifty dollars ($250) per month, payable from the county general fund in monthly installments.
Ala. Code § 45-51A-33.137 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.137
Section 45-51A-33.137 Capital Budget
Status: in_force

At the same time that he or she submits the general fund budget, the mayor shall submit to the council a capital improvement program covering all recommended capital improvement projects, for the ensuing fiscal year and for the four fiscal years thereafter, with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing for the ensuing fiscal year; and may from time to time during the fiscal year amend by ordinance adopted by affirmative votes by a majority of members present, the program previously adopted by it, or the means of financing the whole or any part thereof or both, provided that the amendment shall have been recommended by the mayor, and further, provided such additional funds are available in the general fund or in any other fund of the city available therefor. The council shall adopt a capital budget prior to the beginning of the fiscal year in which the budget is to take effect. No appropriations for a capital improvement project contained in the capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided that any project shall be deemed to have been abandoned if three fiscal years lapse without any expenditure from or encumbrance of the appropriation therefor. Any lapsed appropriation shall be applied to the payment of any indebtedness incurred in financing the project concerned and if there be no such indebtedness the funds shall be available for appropriation.
Ala. Code § 45-2-40.14 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-40.14
Section 45-2-40.14 Penalties
Status: in_force

Any person who shall violate any provision or section of this article for which a penalty is not otherwise provided, or who shall do any act made unlawful by this article for which a penalty is not otherwise provided, shall, upon conviction thereof, be guilty of a Class B misdemeanor as defined in Section 13A-5-3.
Ala. Code § 45-57-70.02 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-70.02
Section 45-57-70.02 Compensation of Commission Members
Status: in_force

(a)(1) Effective May 1, 2022, each member of the county commission shall receive an annual salary of twenty-eight thousand dollars ($28,000) per year. The salary provided by this subdivision shall be in lieu of any salary, expense allowance, or other compensation provided by law on April 7, 2022.

(2) Effective May 1, 2022, the chair of the county commission shall receive an annual salary of thirty-five thousand dollars ($35,000) per year. The salary provided by this subdivision shall be in lieu of any and all salary, expense allowance, or other compensation provided by law on April 7, 2022.

(b)(1) The county commission, by majority recorded roll call vote of the entire elected members of the county commission, may grant to each member of the commission, not including the chair of the commission, an additional expense allowance, payable in equal monthly installments from the general fund of the county.

(2) Any expense allowance granted to the members of the commission shall become salary effective upon the next term of office following the term that the expense allowance becomes effective.

(c) Notwithstanding any provision of this section or any other provision of the law to the contrary, the total annual compensation of any member of the county commission, including salary, expense allowance, and other compensation, may not exceed the total annual compensation of the chair of the commission.
Ala. Code § 45-16-233 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-233
Section 45-16-233 Use of Funds
Status: in_force

(a) The Sheriff of Coffee County may expend funds accruing to the Sheriff’s Work Release Fund for the betterment of law enforcement in Coffee County that is in the interest of the public and in the discharge of the sheriff’s office as the sheriff sees fit.

(b)(1) The sheriff shall establish and maintain a Sheriff’s Work Release Fund in a bank located in Coffee County. All funds received under this section shall be deposited by the sheriff into the Sheriff’s Work Release Fund.

(2) The sheriff shall keep an account of all funds in the Sheriff’s Work Release Fund for audit by the Department of Examiners of Public Accounts. The Sheriff’s Work Release Fund shall be audited at the same time other accounts of the sheriff are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.

(c) Any and all monies on June 9, 2011, in the current Work Release Fund shall be transferred into the Sheriff’s Work Release Fund created by this section.
Ala. Code § 45-4-60.05 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-60.05
Section 45-4-60.05 Medical Examiner’s Investigative Authority
Status: reserved

Repealed Act 2015-321 effective June 3, 2015.
Ala. Code § 45-45-175.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-175.01
Section 45-45-175.01 Location - Proximity to Fire Department
Status: in_force

(a)(1) In Madison County, any petroleum product tank farm shall be within five miles of and served by a full-time paid fire department. The site of any petroleum product tank farm shall be approved by resolution of the county commission if located outside of the corporate limits of a municipality or by either resolution of the municipal governing body or by compliance with applicable zoning laws if located within the corporate limits of a municipality. The petroleum product tank farm operator shall provide periodic training and fire protection equipment to the fire department staff, at no cost, for specific risks of fire and spills that could occur. In addition, the petroleum product tank farm operator shall do all of the following:

a. Include all fire protection equipment required by the National Fire Protection Association Code for petroleum products terminals.

b. Participate in a mutual aid group within the community to train with and assist in emergencies that could occur at similar facilities.

c. Be designed to contain spills on the petroleum tank farm property.

d. Maintain an emergency response plan that would address fire and petroleum spill hazards.

(2) For the purposes of this section, the term petroleum product tank farm means a terminal for the storage of gasoline, diesel fuel, or jet fuel in quantities over 1,000,000 gallons for loading into tanker trucks.

(b) For any violation outside a municipality, the Madison County Commission shall seek injunctive or remedial relief for any violation of this section as may exist under the general laws of Alabama. For any violation within a municipality, the municipality shall seek injunctive or remedial relief for any violation of this section as may exist under the general laws of Alabama.
Ala. Code § 45-20-83.52 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-83.52
Section 45-20-83.52 Boat Licenses
Status: in_force

The judge of probate or other public officer performing such services for Covington County is authorized to issue boat licenses pursuant to Chapter 5, Title 33, by mail and may collect an issuance fee in addition to all other fees authorized by law in an amount not to exceed two dollars ($2).
Ala. Code § 45-37A-310 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-310
Section 45-37A-310 Donations to Board of Education Collected by Water Works Board
Status: in_force

Any law to the contrary notwithstanding, the Leeds Water Works Board may collect voluntary donations on behalf of the Leeds Board of Education. The collection of the voluntary donations may include the collection of donations in the form of payments to the Leeds Water Works Board rounded up to the next highest dollar or otherwise as the water works board shall provide. The collections may be commenced only upon the request of at least 350 customers and shall be discontinued if the number requesting deductions falls below 250 customers. Any agreement for the collection of donations by the Leeds Water Works Board may include deductions for the reasonable costs of administering the collections and distribution of the donations for the Leeds Board of Education.
Ala. Code § 45-57A-63.103 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.103
Section 45-57A-63.103 Proposed Expenditures
Status: in_force

In the budget and budget proposal the proposed expenditures shall be itemized in such form and to such extent as shall be provided by law, and in the absence of such provision, by regulations established by ordinance. Separate provision shall be included in the budget and budget proposal for at least:

(1) Interest, amortization, and redemption charges on the public debt for which the faith and credit of the city is pledged. (2) Other statutory expenditures. (3) The payment of all judgments. (4) The amount by which the total receipts of miscellaneous revenues in the last completed fiscal year failed to equal the total of the budget estimated of receipts from miscellaneous revenues in that year. (5) An amount equal to the aggregate of all taxes levied for the third fiscal year prior to the budget year which are delinquent and outstanding on the 60th day prior to the beginning of the budget year, except to the extent the city may have made provision therefor by reserving the full amount of the delinquent taxes. (6) An amount equal to the aggregate of all cancellation, remissions, abatements, and refunds of taxes, that have been made during the current fiscal year. (7) An amount equal to the aggregate of all special revenue notes which it is estimated will be outstanding at the end of the current year in anticipation of the collection of revenues other than the property tax. (8) An amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year. (9) If the city is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget. (10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure. (11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(2) Other statutory expenditures. (3) The payment of all judgments. (4) The amount by which the total receipts of miscellaneous revenues in the last completed fiscal year failed to equal the total of the budget estimated of receipts from miscellaneous revenues in that year. (5) An amount equal to the aggregate of all taxes levied for the third fiscal year prior to the budget year which are delinquent and outstanding on the 60th day prior to the beginning of the budget year, except to the extent the city may have made provision therefor by reserving the full amount of the delinquent taxes. (6) An amount equal to the aggregate of all cancellation, remissions, abatements, and refunds of taxes, that have been made during the current fiscal year. (7) An amount equal to the aggregate of all special revenue notes which it is estimated will be outstanding at the end of the current year in anticipation of the collection of revenues other than the property tax. (8) An amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year. (9) If the city is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget. (10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure. (11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(3) The payment of all judgments. (4) The amount by which the total receipts of miscellaneous revenues in the last completed fiscal year failed to equal the total of the budget estimated of receipts from miscellaneous revenues in that year. (5) An amount equal to the aggregate of all taxes levied for the third fiscal year prior to the budget year which are delinquent and outstanding on the 60th day prior to the beginning of the budget year, except to the extent the city may have made provision therefor by reserving the full amount of the delinquent taxes. (6) An amount equal to the aggregate of all cancellation, remissions, abatements, and refunds of taxes, that have been made during the current fiscal year. (7) An amount equal to the aggregate of all special revenue notes which it is estimated will be outstanding at the end of the current year in anticipation of the collection of revenues other than the property tax. (8) An amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year. (9) If the city is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget. (10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure. (11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(4) The amount by which the total receipts of miscellaneous revenues in the last completed fiscal year failed to equal the total of the budget estimated of receipts from miscellaneous revenues in that year. (5) An amount equal to the aggregate of all taxes levied for the third fiscal year prior to the budget year which are delinquent and outstanding on the 60th day prior to the beginning of the budget year, except to the extent the city may have made provision therefor by reserving the full amount of the delinquent taxes. (6) An amount equal to the aggregate of all cancellation, remissions, abatements, and refunds of taxes, that have been made during the current fiscal year. (7) An amount equal to the aggregate of all special revenue notes which it is estimated will be outstanding at the end of the current year in anticipation of the collection of revenues other than the property tax. (8) An amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year. (9) If the city is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget. (10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure. (11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(5) An amount equal to the aggregate of all taxes levied for the third fiscal year prior to the budget year which are delinquent and outstanding on the 60th day prior to the beginning of the budget year, except to the extent the city may have made provision therefor by reserving the full amount of the delinquent taxes. (6) An amount equal to the aggregate of all cancellation, remissions, abatements, and refunds of taxes, that have been made during the current fiscal year. (7) An amount equal to the aggregate of all special revenue notes which it is estimated will be outstanding at the end of the current year in anticipation of the collection of revenues other than the property tax. (8) An amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year. (9) If the city is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget. (10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure. (11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(6) An amount equal to the aggregate of all cancellation, remissions, abatements, and refunds of taxes, that have been made during the current fiscal year. (7) An amount equal to the aggregate of all special revenue notes which it is estimated will be outstanding at the end of the current year in anticipation of the collection of revenues other than the property tax. (8) An amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year. (9) If the city is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget. (10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure. (11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(7) An amount equal to the aggregate of all special revenue notes which it is estimated will be outstanding at the end of the current year in anticipation of the collection of revenues other than the property tax. (8) An amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year. (9) If the city is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget. (10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure. (11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(8) An amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year. (9) If the city is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget. (10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure. (11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(9) If the city is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget. (10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure. (11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(10) Administration, operation, and maintenance of each office, department, board, or agency of the city itemized by character and object of expenditure.

(11) Contingent expense in an amount not more than three percent of the total amount stated pursuant to subdivision (10).

(12) Expenditures proposed for capital projects, including provisions for down payments on capital projects, as required by Section 45–57A–63.105.
Ala. Code § 45-44-240.27 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-240.27
Section 45-44-240.27 Purpose
Status: in_force

The purpose of this subpart is to promote the public convenience in Macon County by consolidation of the offices of tax assessor and tax collector into one county office.
Ala. Code § 45-52-161.08 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-161.08
Section 45-52-161.08 Use and Expenditure of Payments to Participating Boards of Education and Local Governments
Status: in_force

Each participating board of education and participating local government shall pay and deposit, or cause to be paid and deposited, into its general fund all amounts distributed and paid to it pursuant to applicable provisions of Sections 45-52-161.03, 45-52-161.04, and 45-52-161.07, and all such amounts may be expended by the participating board of education or participating local government as the case may be, for any purpose for which it may otherwise lawfully expend moneys in the general fund.
Ala. Code § 45-8A-22.119 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.119
Section 45-8A-22.119 Death Benefits
Status: in_force

(a) Participant Death in the Line of Duty.

(1) Effective for Deaths Occurring Before October 1, 2012.

a. Surviving Spouse. If a participant dies as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of a monthly pension equal to Option B-100 percent joint and survivor plan, described in Section 45-8A-22.120, based on a 30-year service retirement.

b. No Surviving Spouse and Surviving Children. If a participant dies as a result of injuries received in the line of duty and leaves no surviving spouse or the surviving spouse should die, and if the participant leaves a surviving child or children under the age of 18 years, then a benefit of 50 percent of the amount the participant would have been paid under the 100 percent joint and survivor plan based on a 30-year service retirement shall be paid to the legal guardian of the child or children then under the age of 18 years, for the use and benefit of the child or children, until the youngest child reaches the age of 18 years. As each child reaches the age of 18 years, the child shall cease to participate in the 50 percent, thereby increasing the share or shares of the other child or children under the age of 18 years.

(2) Effective for Deaths Occurring On and After October 1, 2012.

a. Surviving Spouse. Subject to paragraph c., if a participant dies as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of a monthly death benefit equal to 62 1/2 percent of the participant’s monthly benefit calculated in accordance with Section 45-8A-22.113 using a period of 25 years of continuous service regardless of the participant’s actual number of years of continuous service.

Notwithstanding the forgoing, such monthly death benefits shall cease should the surviving spouse remarry.

b. No Surviving Spouse and Surviving Children. Subject to paragraph c., if a participant dies as a result of injuries received in the line of duty and leaves no surviving spouse or the surviving spouse should die, and if the participant leaves a surviving child or children under the age of 18 years at the time of the participant’s death, the retirement board shall direct the payment to the legal guardian of such child or children, for the use and benefit of the child or children, until the youngest child reaches the age 18 years, a monthly death benefit equal to 62 1/2 percent of the participant’s monthly benefit calculated in accordance with Section 45-8A-22.113 using a period of 25 years of continuous service regardless of the participant’s actual number of years of continuous service.

As each child attains, or in the event the child dies before attaining, the age of 18 years, the child shall cease to participate in the monthly death benefits, thereby increasing the share or shares of the other child or children under the age of 18 years.

c. Notwithstanding this subsection, if the City of Anniston’s contributions meet the contribution limitations described in subsection (b) of Section 45-8A-22.109, or the City of Anniston’s contributions are reasonably expected to approach, based on reasonable actuarial assumptions or projections, or both, such contribution limitations, the retirement board may amend or modify the provisions of this subsection pursuant to a written board resolution.

(b) Participant Death Other Than in the Line of Duty.

(1) Effective for Participant Deaths Occurring Before October 1, 2012.

a. Twenty Years of Service.

1. Surviving Spouse. If a participant, who has been in continuous service for a period of at least 20 years, dies from any cause other than as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of a monthly pension equal to Option B-100 percent joint and survivor plan, described in Section 45-8A-22.120, based on the participant’s years of continuous service as calculated in accordance with Section 45-8A-22.113.

2. No Surviving Spouse and Surviving Children. If a participant, who has been in continuous service for a period of at least 20 years, dies from any cause other than as a result of injuries received in the line of duty and leaves no surviving spouse or the surviving spouse should die, and if the participant leaves a surviving child or children under the age of 18 years, then a benefit of 50 percent of the amount the participant would have been paid under the 100 percent joint and survivor plan based on the participant’s years of continuous service as calculated in accordance with Section 45-8A-22.113 shall be paid to the legal guardian of the child or children then under the age of 18 years, for the use and benefit of the child or children, until the youngest child reaches the age of 18 years. As each child reaches the age of 18 years, the child shall cease to participate in the 50 percent, thereby increasing the share or shares of the other child or children under the age of 18 years.

b. Less Than 20 Years of Service.

1. Surviving Spouse. If a participant who has been in continuous service for a period of less than 20 years dies from any cause other than as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of all the participant’s contributions made to the plan pursuant to Section 45-8A-22.117, without interest.

2. No Surviving Spouse and Surviving Children. If a participant who has been in continuous service for a period of less than 20 years dies from any cause other than as a result of injuries received in the line of duty and leaves no surviving spouse, and if the participant leaves a surviving child or children under the age of 18 years, the retirement board shall direct the payment of all the participant’s contributions made to the plan pursuant to Section 45-8A-22.117, without interest, to the legal guardian of the child or children who are then under the age of 18 years for the use and benefit of the child or children.

(2) Effective for Participant Deaths On and After October 1, 2012. The plan does not provide a death benefit, other than as a result of death in the line of duty as described in subsection (a); provided, however, if a participant leaves a surviving spouse or leaves no surviving spouse but leaves a surviving child or children under the age of 18 years, the surviving spouse or surviving child or children may make a request to the retirement board for the payment of all the participant’s contributions made to the plan pursuant to Section 45-8A-22.117, without interest.

(c) Participant Retires Prior to January 1, 1989, and Subsequent Death.

(1) Surviving Spouse. If a participant, having retired prior to January 1, 1989, dies from any cause and leaves a surviving spouse, the retirement board shall direct the payment of a monthly pension to the surviving spouse equal to 50 percent of the amount of the pension being paid to the retired participant at the time of his or her death.

(2) No Surviving Spouse and Surviving Children. If a participant, having retired prior to January 1, 1989, dies from any cause and leaves no surviving spouse, and if the participant leaves a surviving child or children under the age of 18 years, the retirement board shall direct the payment to the legal guardian of the child or children then under the age of 18 years, a monthly pension equal to 25 percent of the amount that the participant was receiving prior to his or her death for the use and benefit of the child or children.

(d) Participant Death and No Surviving Spouse or Children Under 18 Years. Notwithstanding any provisions contained in the plan to the contrary, in the event a participant dies from any cause leaving no surviving spouse or child under the age of 18 years, or if the youngest child of the participant has attained the age of 18 years, the retirement board shall pay a lump sum equal to the participant’s contributions made to the plan pursuant to Section 45-8A-22.117, into the trust to a beneficiary who has been designated by the participant, in writing, executed by the participant on a form prescribed by the retirement board and delivered to the secretary-treasurer. In the event that the participant has not designated a beneficiary, the retirement board shall, upon demand, pay the lump sum equal to the deceased participant’s contributions made to the plan pursuant to Section 45-8A-22.117, into the trust to the personal representative of the estate of the deceased participant. Any amounts received by the participant in his or her lifetime or by his or her surviving spouse or children following the death of the participant shall be deducted from the amount payable to the beneficiary properly designated by the participant or to the estate of the deceased participant pursuant to the terms of the plan. Any attempt to designate a beneficiary pursuant to the terms of this subsection not in compliance with the procedure set forth herein shall be wholly ineffective and the retirement board and the secretary-treasurer shall be exempted and immune from any suit, action, or cause of action for damages or from any other compelling the payment of the lump sum provided herein to a person not properly designated as a beneficiary in accordance with the terms of the plan.

(e) Surviving Spouse or Children by a Prior Marriage. Notwithstanding any provisions contained in the plan to the contrary, any participant whose death meets the criteria set out in subsections (a), (b), and (c) and who leaves surviving children by a prior marriage or marriages, who are under the age of 18 years, and for whom no other court-ordered provision in contemplation of divorce has been made in regard to this section, the retirement board shall direct that 50 percent of the monthly benefits from the trust be paid to the surviving child or children under the age of 18 years in the same manner set out in each subsection as if there were no surviving spouse and that any surviving spouse shall receive the other 50 percent in the same manner as each subsection sets out. It being the intent of the retirement board to provide benefits to any child or children of the participant from a prior marriage or marriages, who are under the age of 18 years, and for whom no court-ordered provision regarding the plan has been previously made. In no event shall a child or children receive any dependent benefits from the plan under this subsection after attaining the age of 18 years, except as otherwise payable under the terms of this subsection.
Ala. Code § 45-9-82.23 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-82.23
Section 45-9-82.23 Standards for Admission
Status: in_force

(a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances:

(1) The offender is 18 years of age or older, or 16 years of age or older, if the offense is a traffic citation at the time the alleged offense was committed.

(2) There is a probability justice will be served if the offender is placed in the diversion program.

(3) It is determined the needs of the state and of the offender can be met through the pretrial diversion program.

(4) The offender appears to pose no substantial threat to the safety and well-being of the community.

(5) It appears the offender is not likely to be involved in further criminal activity.

(6) The offender will likely respond to rehabilitative treatment.

(b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
Ala. Code § 45-52A-33.02 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-33.02
Section 45-52A-33.02 Abatement of Nuisance by City; Liability for Expenses
Status: in_force

(a) If the owner fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official shall cause the offending grass or weeds to be cut.

(b) Upon completion of the abatement work performed by the city, including work by contractors employed by the city, the enforcing official shall compute the actual expenses including, but not limited to, total wages paid, value of the use of equipment, advertising expenses, postage, and materials purchased, which were incurred by the city as a result of the work. An itemized statement of the expenses shall be given by first class mail to the last known address of the owner of the property. This notice shall be sent at least five days in advance of the time fixed by the city council to consider the assessment of the cost against property.

(c) At the time fixed for receiving and considering the statement, the council shall hear the same, together with any objections which may be raised by the owner whose property is liable to be assessed for the work and thereupon make modifications in the statement as they deem necessary, after which a resolution may assess the cost. The cost stated in the resolution shall constitute a special assessment against the land and shall constitute a lien on the property. The city clerk shall charge the assessments against the respective lots and parcels of land for municipal purposes. Thereafter, the amounts shall be collected at the same time and in the same manner as ordinary municipal assessments are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal assessments.

(d) The city clerk shall cause a certified copy of the resolution assessing the cost of abatement to be filed for recording in the office of the judge of probate and shall forward a copy to the county tax collector. Upon a filing the tax collector shall add the amount of the lien to the ad valorem tax bill on the property and shall collect the amount as if it were a tax, using all methods available for collecting ad valorem tax, and remit the amount to the city.
Ala. Code § 45-8-241.20 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-241.20
Section 45-8-241.20 Levy of Tax; Exemptions or Exclusions
Status: in_force

(a) There is hereby levied in Calhoun County, in addition to all other taxes now imposed by law, a privilege or license tax, paralleling, at lower rate, the state tax on the businesses of renting rooms, lodging, or accommodations to transients as provided for in Title 40, Chapter 26, hereinafter referred to a state lodging tax, in the manner and at the rate hereinafter prescribed.

(b) Upon every person, firm, or corporation engaging in Calhoun County in the business of renting or furnishing any room or rooms, lodging, or accommodations to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration, a privilege or license tax is hereby levied in an amount to be determined by the application of the rate of one percent of the charge for such room, rooms, lodgings, or accommodations, including the charge for use or rental of personal property and services furnished in such room. Provided, however, there is exempted from the tax levied under the provisions of this subpart any rentals or services taxed under the provisions of the Alabama sales tax act, provided for in Title 40, Chapter 23. The tax shall not apply to rooms, lodgings, or accommodations supplied for a period of 30 continuous days or more in any place. All hotels, motels, or like lodging accommodations with 30 or less rooms are specifically excluded from the tax levied by this subpart.
Ala. Code § 45-6-50 — Alabama Code / Title 45 / Chapter 6 / Section 45-6-50
Section 45-6-50 Office of Constable Abolished
Status: in_force

In Bullock County, effective at the end of the current term of office, the office of constable provided for in each election precinct pursuant to Chapter 23, Title 36, is abolished.
Ala. Code § 45-39-40.12 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-40.12
Section 45-39-40.12 Fees
Status: in_force

The various fees to be paid by the applicants for original registrations, licenses, biennial renewals, temporary permits, licenses issued upon reciprocity, and examinations, as required under this article, shall be established by the board, not to exceed the following amounts:

(1) Original registrations, licenses, and biennial renewals thereof:

(2) Examination:
Ala. Code § 45-54-242.55 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-242.55
Section 45-54-242.55 Applicability of State Statutes
Status: in_force

All provisions of the state sales and use tax statutes with respect to payment, assessment, and collection of the state sales and use taxes, making of reports and keeping and preserving records with respect to the taxes, penalties for failure to pay the taxes, the administrative code regulations relating to the state sales and use taxes, and the administration and enforcement of the state sales and use tax statutes, which are not inconsistent with this subpart when applied to the tax levied in Section 45–54–242.51 shall apply to the additional county tax levied under this subpart. The state Commissioner of Revenue and state Department of Revenue shall have and exercise the same powers, duties, and obligations with respect to the additional county tax levied under this subpart that are imposed on the commissioner and the department, respectively, by the state sales and use tax statutes. All provisions of the state sales and use tax statutes that are made applicable by this subpart to the additional county tax levied under this subpart and to the administration and enforcement of this subpart are incorporated by reference into this subpart and made a part hereof as if fully set forth herein.
Ala. Code § 45-57A-63.171 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.171
Section 45-57A-63.171 Continuance of Present Officers
Status: in_force

All persons holding administrative office at the time the council-manager form of government is adopted shall continue in office and in the performance of their duties until provision shall have been made in accordance therewith for the performance of those duties or the discontinuance of the office. The powers conferred and the duties imposed upon any office, department, board, or agency of the city by the laws of the state, if the office, department, board, or agency, be abolished by this part, or under its authority, shall be thereafter exercised and discharged by the office, department, board, or agency designated by the council unless otherwise provided herein.
Ala. Code § 45-40-190 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-190
Section 45-40-190 Legislative Delegation
Status: in_force

The Lawrence County Commission shall provide office space to the Lawrence County legislative delegation in any office space that is owned or controlled by the county and that is not occupied for use by a county, state, or federal employee. In addition to office space, the county commission shall provide for the reasonable and necessary expenses of operating the office, including clerical assistance, telephone service, and other general office expenses. The employment and control of clerical assistance shall be in the discretion of the county legislative delegation. The legislative delegation shall provide an operations and procedure manual for the office. The expenses of providing office space provided by this section shall be paid from funds received by the county from the state from payments by the Tennessee Valley Authority made in lieu of taxes.
Ala. Code § 45-10-245 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-245
Section 45-10-245 Imposition of Tax
Status: in_force

(a) There is hereby imposed upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in Cherokee County a county privilege, license, or excise tax in the following amounts:

(1) Nine cents ($.09) for each package of cigarettes, made of tobacco or any substitute therefor.

(2) Three cents ($.03) for each cigar of any description made of tobacco or any substitute therefor.

(3) Nine cents ($.09) for each sack, can, package, or other container of smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco which is prepared in such a manner as to be suitable for smoking in a pipe or cigarette.

(4) Nine cents ($.09) for each sack, plug, package, or other container of chewing tobacco, which tobacco is prepared in such manner as to be suitable for chewing only and not suitable for smoking as described in subdivision (3) of this section.

(5) Nine cents ($.09) for each can, bottle, glass, tumbler, package, or other container of snuff made of tobacco or any substitute therefor.

(6) Fifteen cents ($.15) for each package of tobacco paper, both gummed and ungummed.

(b) The privilege, license, or excise tax shall be in addition to all other taxes heretofore imposed by law.

(c) Provided, however, when the license tax hereby required to be paid shall have been paid by a wholesaler or seller of cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, such payment shall be sufficient, the intent being that such license tax hereby required to be paid shall be paid but once on each package of cigarettes and on each cigar.
Ala. Code § 45-8-11.05 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-11.05
Section 45-8-11.05 Additional Expense Allowances and Uniform Compensation Increases for Certain County Officers
Status: in_force

(a) As used in this section, county means Calhoun County and county official means each local Calhoun County official covered by Chapter 2A of Title 11.

(b)(1) Commencing July 1, 2007, the following county officers shall receive the following additional expense allowances payable in biweekly installments from the funds from which their salaries, compensation, or expense allowances are paid.

a. The county revenue commissioner shall receive an expense allowance of seven thousand eight hundred dollars ($7,800) per annum.

b. The county license commissioner shall receive an expense allowance of five thousand six hundred dollars ($5,600) per annum.

c. Each county commissioner shall receive an expense allowance of ten thousand dollars ($10,000) per annum.

(2) The chair of the county commission when serving as chair shall receive compensation the same as currently set per annum for the chair of the county commission per term of service as chair payable in equal biweekly installments.

(3) After June 7, 2007, each county official shall receive uniform increases in compensation in the same manner as provided in Section 11-2A-4, provided, however, that the county revenue commissioner serving on June 7, 2007, shall receive the increases even though the county revenue commissioner is receiving an amount as provided in subsection (3) of Section 11-2A-2. Longevity increases of county officials shall be based on the average of longevity increases of all county employees as shown on county pay scales, as determined by the county commission, with the previous and continuing use of the average of longevity increases of all county employees being ratified and approved. Longevity increases for county officials shall be based on the official’s most recent period of time of continuous, uninterrupted service as a county official. County officials shall be entitled to receive longevity increases for up to the same number of years a county employee is entitled to receive longevity increases. Past service as a county employee shall not be counted in determining the number of years a county official may receive longevity increases. Compensation increases provided for in this section shall be calculated based on the compensation of the officials being received at the time the increases become effective for county employees. The inclusion of funds in the county budget, at the time of its approval, to cover the costs for compensation increases, as provided in this section, shall be considered the granting of an increase for whatever type of compensation increase funds are included in the county budget when it is approved. Compensation increases, as provided for in this section, shall be due without being subject to the limitation contained in subsection (b) of Section 11-2A-4.

(c) Unless allowed by the constitution and state law to be paid as salary, compensation increases provided for in this section to incumbent county office holders shall be paid as an expense allowance until the beginning of the next term of office whereupon the expense allowance shall be included in the base salary for the office holder and the expense allowance shall be void.

(d) Notwithstanding any other provision of this section, the starting salary of any successor county official shall be the salary of his or her predecessor, including all cost-of-living increases of his or her predecessor in office, but not including longevity increases, merit raises, or bonuses received by any of his or her predecessors in office.

(e) Deductions from the expense allowances provided under this section shall be made for supernumerary programs, the State Employees’ Retirement System, or any other retirement programs as provided by law, the same as if the expense allowances were salary.

(f) This section shall be read in pari materia with Section 40-6A-2. All compensation paid under this section to any county official whose compensation is prorated under Section 40-6A-2 shall be and continue to be prorated and paid from the same funds and in the same manner as provided under that section.
Ala. Code § 45-37A-52.61 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.61
Section 45-37A-52.61 Meetings of Council
Status: in_force

The first meeting of each newly elected council shall be held on the fourth Tuesday in October of the year of its election, after which the council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once a week. All meetings of the council shall be open to the public.
Ala. Code § 45-38-242 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-242
Section 45-38-242 Disposition of Funds from Oil and Gas Severance Task
Status: in_force

(a) Of the proceeds of the oil and gas severance tax provided by Sections 40-20-1 through 40-20-13, which are distributed to the county General Fund of Lamar County, or to the general fund of any municipality therein, 10 percent of such proceeds shall be transferred to the county education department and shall be used as follows: Five percent shall be used for classroom supplies and equipment, which shall be in addition to any classroom support provided by the state, and five percent shall be used for the repair, renovation, or new construction of educational buildings or facilities, or for the purchase of new school buses.

(b) The five percent pledged for school supplies shall be distributed by the Lamar County Board of Education to the principal of each public school located within the county on a per student basis.

(c) The principal of each school shall control/distribute the moneys received by the school as follows:

(1) Fifty percent of the money to each teacher based on the number of hours of instruction being presented by the teacher.

(2) Fifty percent of the money shall be expended in the manner selected by a majority vote of the principal, counselors, teachers, coaches, and librarian.

(3) Moneys allocated in subdivision (1) can be transferred between teachers as needed by written consent of the teacher losing the funds.

(d) All unspent money allocated under subdivision (1) shall be resubmitted to the principal and the principal shall resubmit the money to the board of education. The teacher shall submit receipts of all expenditures to the principal and the principal shall present the receipts to the board of education. The board of education shall make an accounting of all the money.

(e) All unspent money under subdivision (2) shall be resubmitted by the principal of the school to the board of education. The principal shall present receipts to the board of education for all expenditures. The board of education shall make an accounting of all the money provided in subdivision (1) and subdivision (2).

(f) All unspent money returned to the board of education shall be used for repair, renovation, or construction of educational buildings or facilities or for the purchase of new school buses.

(g) Of the proceeds of the oil and gas severance tax provided by Sections 40-20-1 through 40-20-13, 25 percent of such proceeds which are distributed to the county General Fund of Lamar County shall be transferred to the Lamar County Education Department for capital improvement and shall be used for the repair, renovation, or new construction of educational buildings or facilities, or for the payment of principle of and interest on obligations of the county board of education issued for such purposes.
Ala. Code § 45-2-242 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-242
Section 45-2-242 Levy of Tax; Disposition of Funds
Status: in_force

(a) In addition to any other taxes levied and collected in Baldwin County, there is hereby levied, and shall be collected, a one and one-half mill ad valorem tax on all property located in Baldwin County.

(b)(1) The net proceeds of the tax herein levied shall be equally distributed among the qualified existing and subsequently formed county volunteer, municipal fire departments, and volunteer municipal fire departments which are qualified. A qualified department is one which is certified and incorporated and has a Class 9 Insurance Service Office (I.S.O.) or higher rating, and which maintains such Class 9 I.S.O. classification or better. Nonqualified departments shall become qualified by meeting the following requirements:

a. Noncertified departments shall become certified within one year after agreeing to certification;

b. A certified department shall receive a Class 9 I.S.O. rating or better within two years after seeking such rating; and

c. Certified departments, excluding municipal fire departments, shall become incorporated as nonprofit organizations within one year following April 17, 1990.

(2) Any department which meets the above requirements within the respective time limits prescribed shall temporarily participate in the distribution of proceeds until becoming a qualified department. If a department fails to meet any requirement within the time allowed, the department shall have no further participation in the funds until such time as each respective requirement is met. It is provided that no new fire departments will be funded within Baldwin County without the prior approval of the Baldwin County Fire Chiefs Association, the Alabama Forestry Commission, and the Baldwin County Commission.

(c)(1) Fire departments which participate in the distribution of tax proceeds shall expend such funds only for the acquisition of fire trucks, fire stations, fire equipment, communications, fire training, fire vehicle and station insurance, oil, gas, hydrants, utilities, and vehicle or station repair. Such funds shall not be used to pay salaries, purchase food and drink, or to hold fund raising projects.

(2) Any exceptions to the above spending guidelines must be approved by the Baldwin County Fire Chiefs Association and the Baldwin County Commission.
Ala. Code § 45-39-82.40 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-82.40
Section 45-39-82.40 Employment and Annual Supplemental Compensation of Assistant District Attorneys
Status: in_force

(a) The chief assistant district attorney and assistant district attorneys of the Eleventh Judicial Circuit shall serve at the pleasure of the district attorney and have no residency requirements.

(b)(1) The chief assistant district attorney and three assistant district attorneys shall each receive, in addition to any other compensation provided by law, an annual supplemental compensation of twenty-four thousand dollars ($24,000), payable in equal monthly installments from the general fund of the county composing the circuit.

(2) The annual supplemental salary provided in subdivision (1) shall supersede any salary supplement otherwise provided by local law.
Ala. Code § 45-48-102 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-102
Section 45-48-102 Compensation
Status: in_force

(a) The Board of Education of Marshall County is hereby authorized to determine, at its discretion, the rate of salary and expense allowance payable to its county superintendent of education. Any change in the rate of salary and expense allowance shall have retroactive effect beginning July 1, 1975, and thereafter upon the expiration of the term of office of successors to the Superintendent of Education of Marshall County. The board of education shall not reduce the compensation of the county superintendent during his or her term of office. Any salary increases shall be payable from the county public school funds in equal monthly installments.

(b) In the event that the teachers of Marshall County receive any salary increase, the superintendent of education of the county shall receive a monthly salary increase in the same dollar amount as the increase provided for teachers holding the highest ranking certificates or to the certificate to which teachers who hold a master’s degree, whichever is greater. The monthly increases shall be payable out of the public school funds of the county.
Ala. Code § 45-45-31.07 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-31.07
Section 45-45-31.07 Reproduction Department; Records Custodian; Storage and Safekeeping
Status: in_force

(a) The governing body of Madison County is hereby authorized to establish a reproduction department for Madison County and to employ a records custodian who shall be chosen by the Chair of the Madison County governing body, which custodian shall have charge of all reproduction work, including microphotographing, and who shall have custody of all records placed for storage outside the Madison County Courthouse. The records custodian is hereby charged with the responsibility of aiding the public officers in maintaining and preserving the records in the custody of the public officials. Madison County is authorized to expend from its general fund all monies necessary for supplies and equipment with which to operate the department, including salaries for the personnel.

(b) The governing body of Madison County shall also enter into such contracts as are necessary in order to provide for the storage and safekeeping of a copy of each photograph or microphotograph made of any county records.
Ala. Code § 45-35-242 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-242
Section 45-35-242 Levy of Tax
Status: in_force

There is levied in Houston County, Alabama, for the purpose of constructing and maintaining public roads, streets, bridges, and ferries, a privilege tax of not more than one cent per gallon on all gasoline or gasohol which is sold or delivered in the county, for the privilege of selling or delivering same. For purposes of this part, the tax herein applies only to gasoline and gasohol; any other motor vehicle fuel or oil or gas is expressly exempt from the application of this part.
Ala. Code § 45-2-61.10 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-61.10
Section 45-2-61.10 Cost of Assistance
Status: in_force

The assistance provided by the Alabama Department of Forensic Sciences through its state medical examiners or other scientists, employees, or agents shall be provided without fee to Baldwin County unless otherwise provided for by the law or agreement between the county governing body and the Alabama Department of Forensic Sciences.
Ala. Code § 45-16A-40.06 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-40.06
Section 45-16A-40.06 Appellate Procedures
Status: in_force

The circuit court hearing an appeal shall use the procedures that apply to criminal convictions in municipal court with the following qualifications: (1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard. (2) If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the municipal court, and in the event the circuit court finds the person appealing not to be responsible, no municipal court costs shall be owed to the town. (3) Regardless of the civil nature of the proceedings, the circuit court may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from municipal court. (4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court. (5) The town shall be responsible for providing an attorney to represent the town and to prosecute the civil proceedings in the circuit court.

(1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard. (2) If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the municipal court, and in the event the circuit court finds the person appealing not to be responsible, no municipal court costs shall be owed to the town. (3) Regardless of the civil nature of the proceedings, the circuit court may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from municipal court. (4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court. (5) The town shall be responsible for providing an attorney to represent the town and to prosecute the civil proceedings in the circuit court.

(2) If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the municipal court, and in the event the circuit court finds the person appealing not to be responsible, no municipal court costs shall be owed to the town. (3) Regardless of the civil nature of the proceedings, the circuit court may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from municipal court. (4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court. (5) The town shall be responsible for providing an attorney to represent the town and to prosecute the civil proceedings in the circuit court.

(3) Regardless of the civil nature of the proceedings, the circuit court may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from municipal court. (4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court. (5) The town shall be responsible for providing an attorney to represent the town and to prosecute the civil proceedings in the circuit court.

(4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court.

(5) The town shall be responsible for providing an attorney to represent the town and to prosecute the civil proceedings in the circuit court.
Ala. Code § 45-8A-111.06 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-111.06
Section 45-8A-111.06 Board of Directors
Status: in_force

Each authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. The board shall consist of seven directors who shall be elected by the governing body of the city for staggered terms as hereinafter provided. The governing body of the city shall specify for which term each director is elected. The initial term of office of two directors shall be two years each. The initial term of office of two directors shall be four years each. The initial term of office of three directors shall be six years. Thereafter, the term of office of each such director shall be six years. If at the expiration of any term of office of any director, a successor thereto shall not have been elected, then the director whose term of office shall have expired shall continue to hold office until his or her successor shall be so elected. If at any time there should be a vacancy on the board, a successor director to serve for the unexpired term applicable to such vacancy shall be elected by the governing body of the city. No officer or employee of the state or of any county or municipality shall, during his or her tenure as such officer, be eligible to serve as a director. Each director must be a duly qualified elector of the city. Directors shall be eligible for reelection. Each director shall be reimbursed for expenses actually incurred by him or her in and about the performance of his or her duties. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided in Section 175 of the Constitution of Alabama of 1901, and the general laws of the state for impeachment and removal of the officers mentioned in Section 175.
Ala. Code § 45-10-201 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-201
Section 45-10-201 Creation of Office; Clerks and Assistants; Duties
Status: in_force

(a) There is hereby created within Cherokee County the permanent office of license commissioner. The duties and responsibilities of the office shall be performed by the Revenue Commissioner of Cherokee County as herein provided. The county commission shall furnish the license commissioner with suitable quarters and provide the necessary forms, books, stationery, records, equipment, and supplies, except such stationery, forms, and supplies as are furnished pursuant to law by the state Department of Finance or the Comptroller. The county commission shall ensure that the office has sufficient help and shall provide clerks and other assistants for the office as shall be necessary for the proper and efficient performance of the duties of the office. The license commissioner may employ the clerks and other assistants, and fix their compensation; however, the number and compensation of clerks and other assistants shall be subject to the approval of the county commission. The compensation of the clerks and assistants shall be paid biweekly out of the general fund of the county in the same manner as other county employees are paid. The duties of the license commissioner shall not include the renewal of driver licenses or the issuance or renewal of business, hunting, or fishing licenses.

(b) This section is supplemental to any laws relating to the operation of the Office of the Cherokee County License Commissioner.
Ala. Code § 45-45-232 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-232
Section 45-45-232 Sale of Abandoned, Stolen, and Unclaimed Property
Status: in_force

(a) The Sheriff of Madison County, Alabama, is hereby authorized to sell at public auction, in the manner provided in this section, abandoned and stolen personal property recovered by the Sheriff’s Department of Madison County which has remained unclaimed by the rightful owner thereof for a period of six consecutive months.

(b) The Sheriff of Madison County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the Sheriff’s Department of Madison County which shall state the description of the property, the date of recovery of the property, the serial or other identifying number of the property, and the place of recovery of the property. Such records shall be open to public inspection at all reasonable times. All abandoned or stolen property recovered by the Sheriff’s Department of Madison County shall be stored in a suitable place to protect the same from deterioration; provided, that if the property is of a perishable nature, after reasonable attempts have been made to locate and identify the owner thereof, if such attempts are unsuccessful, the same may be sold at once without notice in which case the proceeds shall be held for a period of six months for the account of the owner and if not called for within that period of time, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of such property, shall be paid into the office of the Sheriff of Madison County.

(c) At least every six months, the Sheriff of Madison County shall sell at public auction to the highest bidder for cash all abandoned or stolen personal property which has been recovered by the Sheriff’s Department of Madison County and has remained unclaimed by the rightful owner thereof after a period of six months. The sales are to be made after notice thereof shall have been given by publication in a newspaper of general circulation in Madison County once a week for two successive weeks or by posting such notice in a conspicuous place at the Madison County Courthouse for a period of at least 20 days prior to such sale. Such notice shall contain the place, date, and time of each auction and shall further contain a description of each item of personal property to be sold at the auction. If publication of notice is made by publication in the newspaper, the first notice shall run at least 20 days prior to the auction.

(d) The owner of any abandoned or stolen personal property recovered by the Madison County Sheriff’s Department may redeem the same at any time prior to its sale by paying any reasonable expenses incurred in the recovery of the property, its maintenance and storage, and a pro rata share of the costs, if any, of publication of notice of the sale of the property.

(e) Whenever any property is sold at public auction as provided in this section, a notation in the storage record book shall be made of the fact of the sale and of the amount received for such property. All sales shall be cash. The person making the sale shall have the right to reject any and all bids if the amount bid is unreasonably low and shall have the right to continue the sale from time to time if no bidders are present.

(f) The proceeds from any auction conducted under the authority of this section, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of property sold at such auction, shall be paid into the office of the Sheriff of Madison County.
Ala. Code § 45-37-242.22 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-242.22
Section 45-37-242.22 Automobile Rental Tax
Status: in_force

The Legislature adopts, ratifies, and confirms all proceedings and all acts thereof heretofore had, taken, or enacted with respect to the increase of the rate of the subject school district tax to 5.1 mills.
Ala. Code § 45-49A-81.16 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-81.16
Section 45-49A-81.16 Duties of City Attorney
Status: in_force

It shall be the duty of the city attorney to give advice to the City Council of the City of Prichard, and to those selected by the City Council of the City of Prichard to act as trustee or agent for the fund, on all matters pertaining to the administration of this part, and the management of the fund, whenever requested to so do, and he or she shall represent and defend the city in all matters arising from the administration hereof.
Ala. Code § 45-22-120.10 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-120.10
Section 45-22-120.10 Grievance Procedure
Status: in_force

(a) An employee shall have the right to appeal any disciplinary action taken against him or her, provided, however, that an employee on probationary status shall have no such right unless such employee shall have had permanent status in some other position at the time he or she was appointed to his or her present position. An employee desiring to appeal any disciplinary action directed against him or her shall first exhaust all administrative remedy as provided by policy of the commission. Upon exhausting all administrative remedy, the employee shall then file his or her grievance in writing with the commission within seven calendar days of the last final administrative action on his or her grievance, and shall request a hearing before the personnel board. Within seven calendar days after the receipt of the grievance, the commission shall file with the chair of the board and mail to the employee by certified mail a statement specifying the charges against such employee on which the disciplinary action was based. Upon the filing of such charges, the chair shall call a meeting of the board to be held within 30 days after the filing of such charges to hear such grievance, and shall forthwith give notice by certified mail to the employee and the commission of the time and place of such meeting. The board shall have the authority to continue the hearing from time to time as may be necessary. In preparing for and conducting such hearing, the chair and secretary of the board shall each have the power to administer oaths, to subpoena, and require the attendance of witnesses and the production of books, documents, and accounts pertaining to the grievance.

(b) Subpoenas issued as herein provided shall be served and the fees and allowances for the services thereof shall be the same as is provided by law for the service of subpoena issued by the Circuit Court of Cullman County, Alabama. Fees and allowances in connection with the service of such subpoena issued at the request of the commission upon request of the board shall constitute reasonable and necessary expenses of the board. Any subpoena issued at the request of the employee shall be served as aforesaid, but only after such employee shall have deposited sufficient security with the sheriff or other recognized officer as will guarantee payment of such fees and allowances for such service. Any person failing to obey any summons by either of the officers of the board without good cause, to be determined by the Circuit Court of Cullman County, Alabama, may be punished by the court in the same method and manner as is provided by law for contempt of court, and any person failing to obey any such order or subpoena of the court, may be proceeded against by the court as is by law provided in the case of contempt of such court. In addition, any employee of the county who fails to obey any of such orders or subpoenas may be disciplined as provided in Section 45-22-120.09.

(c) At the hearing before the board, the employee and his or her department head or supervisor shall each have the right to be represented by counsel, with the county authorized to employ legal counsel to represent the interest of the county. Such hearing shall be governed by rules of practice and procedure as shall be adopted by the board, and in conducting such hearing, the board shall not be bound by the technical rules of evidence. No informality of procedure in the conduct of such hearing shall invalidate any recommendation made by the board. At the conclusion of the hearing, and within five working days therefrom, the board shall recommend to the commission one of the following: (1) That the disciplinary action taken against the employee be affirmed. (2) That the disciplinary action be reversed and that the employee be reinstated with full back pay at the normal rate of pay that would have been in effect for the employee had he or she not been suspended without pay. (3) That the disciplinary action be reduced and that the employee be reinstated either without or with pay for any time he or she was suspended without pay. Such recommendation shall be in writing to the chair of the commission, and the commission shall act upon such recommendation at its next regular or special called meeting, with such action becoming a matter of its official and public records. Such action of the commission shall exhaust the employee’s private remedy, and any further recourse shall be through the appropriate courts as provided by laws of the State of Alabama.
Ala. Code § 45-8A-23.232 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.232
Section 45-8A-23.232 Status of Officers and Employees Holding Positions When Council-Manager Form of Government Is Adopted
Status: in_force

Any person holding an office or position in the civil service of the city under any civil service or merit system applicable to the city when the council-manager form of government shall be adopted shall continue to hold such office in the civil service of the city under the council-manager form of government and with the same status, rights, and privileges and subject to the same conditions under such applicable civil service or merit system.
Ala. Code § 45-37-60.04 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-60.04
Section 45-37-60.04 Direction of Staff
Status: in_force

The chief coroner-medical examiner shall direct the staff, subject to the supervision of the county governing body and pursuant to this part and any rules and regulations promulgated by the Coroner-Medical Examiners’ Commission.
Ala. Code § 45-57A-63.122 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.122
Section 45-57A-63.122 Director of Finance; Surety Bond
Status: in_force

The director of finance shall provide a bond with the surety and in an amount as the council may require by ordinance. The premium shall be paid by the city.
Ala. Code § 45-37-170.27 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-170.27
Section 45-37-170.27 Funding
Status: in_force

Any county or municipality contracting with the authority shall be authorized to appropriate public funds for land acquisition, construction of improvements, and the operation thereof, and to finance by its general obligation or revenue bonds any project contracted for by it.
Ala. Code § 45-49-101.05 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-101.05
Section 45-49-101.05 Payment of Fees
Status: in_force

The owner of a vehicle that has been issued a notice of violation shall be responsible for payment of the civil fine unless the owner successfully transfers responsibility, there is an adjudication that no violation occurred, or there is an otherwise lawful determination that no civil penalty shall be imposed. All owners of a vehicle who are mailed or receive a notice of violation shall be jointly and severally liable for payment of the civil fine. The county or municipality may collect the civil fine in the same manner as any other debt owed to Mobile County or municipality located in Mobile County.
Ala. Code § 45-51A-33.216 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.216
Section 45-51A-33.216 Pending Actions and Proceedings
Status: in_force

No action or proceeding, civil or criminal, pending at the time of the adoption of the mayor-council form of government, brought by or against the city or any office, department, or agency or officer thereof, shall be affected or abated by the adoption of the mayor-council form of government or by anything therein contained in this part; but all such actions or proceedings may be continued notwithstanding that functions, powers, and duties of any office, department, or agency or officer party thereto may by or under this part be assigned or transferred to another office, department, or agency or officer, but in that event the same may be prosecuted or defended by the head of the office, department, or agency to which such functions, powers, and duties have been assigned or transferred by or under this part.
Ala. Code § 45-17-242.08 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-242.08
Section 45-17-242.08 Penalties
Status: in_force

Any person, firm, or corporation who violates any provisions of this part, or any rules or regulations promulgated and adopted by the county governing body pursuant to this part, shall, upon conviction thereof, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
Ala. Code § 45-35-83 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-83
Section 45-35-83 Expense Allowance
Status: in_force

The Judge of Probate and the Revenue Commissioner of Houston County shall be provided an expense allowance of one hundred fifty dollars ($150) per month, payable out of the county general fund from money not otherwise appropriated or as specified by the governing body of the county. Such expense allowance shall be in addition to all other expense allowances heretofore provided.
Ala. Code § 45-52-220.01 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-220.01
Section 45-52-220.01 Establishment of Morgan County Department of Archives and History
Status: in_force

The county commission may establish the Morgan County Department of Archives and History to facilitate the preservation, conservation, and accessibility of the records of Morgan County through the operation of the Morgan County Archives. The Morgan County Department of Archives and History shall be a separate department of the Morgan County government under the control of the county commission.
Ala. Code § 45-20-172.51 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-172.51
Section 45-20-172.51 Demolition of Unsafe Structures by Municipality
Status: in_force

Any municipality located in Covington County, Alabama, shall have authority, after notice provided herein, to move or demolish buildings and structures, or parts of buildings and structures, party walls and foundations, when the same are found by the governing body of the city to be unsafe to the extent of being a public nuisance from any cause.
Ala. Code § 45-32-245 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-245
Section 45-32-245 Levy of Tax; Records and Reporting; Disposition of Funds
Status: in_force

(a) In addition to all other taxes imposed by law, there is hereby levied a privilege or license tax in the amount hereinafter prescribed against every person engaging in Greene County in the business of renting or furnishing any room or rooms, lodging, or accommodations, to any transient in any hotel, motel, inn, tourist court, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. The amount of the tax shall be equal to one percent of the charge for such

rooms, lodgings, or accommodations, including the charge for use of rental of personal property and services furnished in such room or rooms.

(b) There are exempted from the tax levied by this section and from the computation of the amount of the tax levied or payable hereunder the following: Charges for property sold or services furnished which are required to be included in the tax levied by the state sales tax act; charges for the rental of rooms, lodgings, or accommodations to a person for a period of 30 continuous days or more.

(c)(1) The taxes levied by this section, except as otherwise provided herein, shall be due and payable to the State Department of Revenue on or before the 20th day of the month next succeeding the month in which the tax accrues. On or before the 20th day of each month after the effective date of the taxes every person on whom the tax is levied by this section shall render to the Department of Revenue on a form prescribed by the department, a true and correct statement showing the gross proceeds of the business subject to the tax for the then preceding month, together with such other information as the Department of Revenue may demand and require; and at the time of making such monthly report the taxpayer shall compute and pay to the Department of Revenue the amount of taxes shown to be due; provided, however, that any person subject to the tax who conducts any business on a credit basis may defer reporting and paying the tax until after the person has received payment for the items, articles, or accommodations furnished; and in the event he or she so defers reporting and paying any such taxes he or she shall thereafter include in each monthly report all credit collections made during the then preceding month and shall pay the amount of taxes computed thereon at the time of filing such report.

(2) It shall be the duty of every person engaged or continuing in any business subject to the taxes levied by this section to keep and preserve suitable records of the gross proceeds of such business and such other books or accounts as may be necessary to determine the amount of tax for which he or she is liable under this section. Such records shall be kept and preserved for a period of two years and shall be open for examination at any time by the State Department of Revenue or by any duly authorized agent, deputy, or employees of the department.

(3) Any person who fails to pay the tax levied by this section within the time required by this section shall pay in addition to the tax a penalty of 10 percent of the amount of tax due, together with interest thereon from the date on which the tax became due and payable at the rate due and payable on the state lodgings tax, such penalty and interest to be assessed and collected as a part of the tax; provided, however, that the State Department of Revenue, if good and sufficient reason be shown, may waive or remit the penalty or any portion thereof.

(d) All provisions of the state lodging tax statutes with respect to payment, assessment, and collection of the state lodging tax, making of reports and keeping and preserving records with respect thereto, interest after due date of tax; make reports, or otherwise; the promulgation of rules and regulations with respect to the state lodging tax; and the administration and enforcement of the state lodging tax statutes, which are not inconsistent with this section when applied to the tax levied by this section, shall apply to the county tax levied. The Commissioner of Revenue and the State Department of Revenue shall have and exercise the same powers, duties, and obligations with respect to the county taxes levied as are imposed on the commissioner and the department, respectively, by the state lodging tax statutes. All provisions of the state lodging tax statutes that are made applicable to this section to the county taxes levied and to the administration of this section are incorporated herein by reference and made a part hereof as if fully set forth herein.

(e) None of the provisions of this section shall be applied in such manner as to violate the commerce clause of the United States Constitution. Should any provision of this section be held invalid, the invalidity thereof shall not affect the remaining provisions of this section.

(f) The State Department of Revenue shall charge Greene County for collecting the county tax levied herein, an amount or percentage of total collections not to exceed 10 percent of the total amount of tax collected hereunder. Such charge for collecting the tax for the county may be deducted each month from the proceeds of the tax before certifying the amount thereof due Greene County for that month.

(g) The Greene County Commission shall deposit the proceeds of the tax into a fund to be used exclusively by the Greene County Water and Sewer Authority to pay for the remaining costs of the sewer line construction on the M. L. King, Jr. Memorial Highway. At such time as the county commission determines by resolution the sewer line construction is complete, all remaining proceeds and all future proceeds shall be paid into the county general fund.
Ala. Code § 45-20-150.03 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-150.03
Section 45-20-150.03 Bingo Games - Special Permits
Status: in_force

(a) A qualified organization that does not hold a permit pursuant to Section 45-20-150.02 may apply for a special permit for conducting a bingo session at a designated location for a special occasion. The applicant shall submit to the sheriff a written application prepared in accordance with and on a form prescribed by rule of the sheriff. The application for a special permit shall include the information required by subsection (b) of Section 45-20-150.02, except that the applicant shall indicate the day or days on which the applicant will conduct the bingo session for the special occasion. Upon the determination by the sheriff that the applicant is a qualified organization, except that a special permit holder shall not be required to own or lease property five years prior to making application for a special permit, and is not ineligible pursuant to Section 45-20-150.12, and upon the applicant’s payment of the required fee under this subsection to the office of sheriff, the sheriff may issue a special permit.

(b) A special permit shall contain the name and address of the permit holder and shall specify the location and the day on which the permit holder may conduct the bingo session.

(c) No more than one special permit may be issued to the same qualified organization per quarter, not to exceed four per year.

(d) Special permits are not transferable or assignable.
Ala. Code § 45-27-120.05 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-120.05
Section 45-27-120.05 Administration of Personnel System
Status: in_force

The county commission shall have the authority to develop, implement, and administer a countywide personnel system that is consistent with this article. All rules, policies, and procedures necessary to implement this article shall be approved by the county commission. The commission may establish a personnel department. This department shall carry out those activities assigned to it by the county commission in order to administer the county personnel system. The county commission shall adopt all rules, policies, and procedures necessary for creation and operation of the department and adequately fund the personnel department and the personnel board so that they may effectively carry out their duties and responsibilities. The commission also has the authority to grant special awards and incentives to employees in accordance with pre-established guidelines.
Ala. Code § 45-29-60 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-60
Section 45-29-60 Compensation
Status: in_force

(a) The county coroner of Fayette County shall be entitled to receive an additional expense allowance in the amount of one hundred dollars ($100) per month to be paid out of the county general fund. The expense allowance shall be in addition to any and all other compensation, salary, and expense allowances provided for by law.

(b)(1) This section shall apply only to Fayette County.

(2) The county commission, by resolution adopted not less than nine months before the general election for the office of coroner, may set or adjust the salary of the coroner effective for the next term of office.

(3) Commencing with August 1, 2008, the county commission, by resolution, may provide an expense allowance for the coroner. The expense allowance provided by the commission shall be in addition to any expense allowance currently provided by law.
Ala. Code § 45-37A-241 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-241
Section 45-37A-241 Participation in Employee Health Insurance During Certain Military Service
Status: in_force

For any employee of the city called into military service during the war on terrorism, the City of Hoover in Jefferson County and Shelby County may permit the employee and his or her eligible dependents to continue participation in any employee health insurance provided for city employees and may pay the employer’s share of the costs of the insurance plan, provided the employee in military service continues to pay the employee’s share of the cost of the insurance, including any costs for dependent coverage. This section in no way limits the rights of any employee in military service under the Servicemembers Civil Relief Act. The terms military service and period of military service shall have the same meanings ascribed to those terms in §511 of the Servicemembers Civil Relief Act, 50 Appendix United States Code Annotated §§501, et seq.
Ala. Code § 45-52-243.31 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-243.31
Section 45-52-243.31 Disposition of Funds
Status: in_force

(a) The proceeds of any tax imposed under authority of this subpart shall be paid into the county general fund with allocations of 50 percent to the county general fund;

(b) The Morgan County Commission shall distribute the remaining 50 percent of the proceeds to all municipalities in the county (including, without limitation, any municipality incorporated on or after July 24, 1987) on a pro rata basis to the general funds of the various municipalities, with each municipality receiving the amount that its population within the county, according to the latest federal decennial census, bears to the total population of all municipalities within the county.
Ala. Code § 45-11-247.03 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-247.03
Section 45-11-247.03 Addition of Tax to Sales Price or Admission Fee
Status: in_force

Each person engaging or continuing in a business subject to the tax levied by this part, shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer because of the sale or admission. It shall be unlawful for any person subject to the tax to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount required to be added to the sale or admission price. It shall be unlawful for any person subject to the tax levied by this part to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption or refund of any portion of the tax.
Ala. Code § 45-44-244.07 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-244.07
Section 45-44-244.07 Disposition of Funds
Status: in_force

All money derived from license taxes or fees levied pursuant to this subpart shall be paid into the county general fund and appropriated in the same manner as other money in the fund.
Ala. Code § 45-39-221.01 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-221.01
Section 45-39-221.01 Organization of Tourism Board
Status: in_force

(a)(1) The governing bodies of Florence and the county may form a tourism board as a public corporation pursuant to this part by each adopting a resolution that does both of the following:

a. Recites that the county and the City of Florence propose to form the tourism board pursuant to this part.

b. States the name of the tourism board, which may be a name indicating in a general way the function of the tourism board and the geographical area proposed to be served by it, and shall include the word authority, bureau, or board, unless the Secretary of State shall determine that such name is identical to the name of another corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty, in which case there may be inserted additional identifying words so as to eliminate the duplication or similarity or to adopt some other similar name that is available.

(2) While it shall not be necessary that any such resolution be published in any newspaper or posted, the governing body of the county or the City of Florence, as the case may be, shall cause such resolution to be spread upon or made a part of the minutes of the meeting thereof at which final action thereon is taken.

(b) Upon the adoption of both authorizing resolutions, the tourism board shall come into existence and shall constitute a public corporation under the name set forth in each authorizing resolution. The authorizing resolutions shall both be filed, not more than 15 days after the date on which the latter thereof was adopted, for record in the office of the judge of probate of the county.

(c) Notwithstanding any provision to the contrary in any law enacted by the Legislature, whether general, special, or local, or in any ordinance, resolution, or resolution and order previously adopted by the county and the City of Florence, the governing bodies of the county and the City of Florence, in the authorizing resolutions or any amendatory resolutions hereinabove authorized, may terminate or dissolve any public body that was theretofore formed for the purpose of promoting or developing tourism in either or both the City of Florence and the county. If a public body is dissolved, the county and the City of Florence, whether in the authorizing resolutions or in any amendatory resolutions adopted by them, may establish the tourism board as the successor in interest to all of the assets and liabilities of the public body so dissolved.
Ala. Code § 45-48-121.03 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-121.03
Section 45-48-121.03 Personnel Board Created; Composition
Status: in_force

(a) There is hereby created the Personnel Board of Marshall County, which shall be composed of five members. One member shall be appointed by the county commission, three members shall be appointed by the Marshall County Legislative Delegation, and one member shall be elected by the county employees who are subject to this part. One of the members originally appointed shall serve for a term of two years, one member for a term of three years, one member for a term of four years, one member for a term of five years, and one member for a term of six years. The original members of the board so appointed shall draw lots to determine the length of term each shall serve. Thereafter, all members shall serve for terms of six years each, and until their respective successors are appointed as provided above. The elected member of the board whose term expires shall be eligible for reelection, but for no more than two full terms. The appointed members of the board shall be eligible for reappointment.

(b) No individual shall be appointed to the board unless he or she is of recognized good character and ability, and is an actual resident in and qualified elector of the county. No individual shall be eligible to appointment or shall continue to be a member of a board created under this part who holds an elective office under the state, county, or any city therein, or who is a candidate for elective office. Vacancies on the board shall be filled for the unexpired terms in the same manner as original appointments are made. The board shall elect a chair from among its members, who shall preside at its meetings. Three members shall constitute a quorum for the transaction of any business which may properly come before the board. Each individual so appointed, within 15 days after appointment, shall qualify by making oath (which shall be recorded as provided by law) that he or she will faithfully execute the duties of office to the best of his or her ability and knowledge. The board shall adopt reasonable rules regulating the procedure of the board. Notice of all meetings of the board shall be given to each member by the secretary of the board. The personnel board may employ clerical assistants and personnel officers and engage legal counsel.
Ala. Code § 45-45-83.74 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-83.74
Section 45-45-83.74 Manner of Enforcement
Status: in_force

(a) After notification, as provided in Section 45-45-83.73, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered payments, including any of the following:

(1) A petition for revocation of probation.

(2) A show cause petition for contempt of court.

(3) Any other civil criminal proceedings which may be authorized by law or by rule of court.

(b) In addition, the district attorney may issue appropriate notices to inform the defendant of the noncompliance of the defendant and a warning of the penalty for noncompliance.
Ala. Code § 45-30A-50.19 — Alabama Code / Title 45 / Chapter 30A / Section 45-30A-50.19
Section 45-30A-50.19 Recordkeeping
Status: in_force

The board shall maintain adequate records of its proceedings, of its own official acts, the examination record of every candidate, and the employment record of every employee.
Ala. Code § 45-8-241.66 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-241.66
Section 45-8-241.66 Delinquent Taxes; Penalty and Interest
Status: in_force

Any person who fails to pay the tax herein levied within the time required by this subpart shall pay, in addition to the tax, a penalty of 10 percent of the amount of tax due, together with interest thereon at the rate of one percent per month or fraction thereof, from the date at which the tax herein levied became delinquent, that is, due and payable, such penalty and interest to be assessed and collected as part of the tax. Provided the county commission, if a good and sufficient reason is shown, may waive or remit the penalty of 10 percent or a portion thereof.
Ala. Code § 45-53-10 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-10
Section 45-53-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Perry County local laws enacted after 1978 and all Perry County prior local laws that were amended or affected by a local law enacted after 1978.

(b) It is the purpose of this chapter to state current applicable law. To this end:

(1) This chapter shall not affect the compensation, terms, pension and retirement benefits and rights, and other benefits and rights otherwise provided by law enacted prior to the codification of this chapter.

(2) A condition or requirement for operation or effect of a law included in this chapter, including, but not limited to, voter approval at a referendum, is not superseded by the inclusion of the law in this chapter, and such condition or requirement remains applicable.

(3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment.

(4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law.

(5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application.

(c)(1) The classification and organization of this chapter, the parts, sub-parts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom.

(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
Ala. Code § 45-51A-33.130 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.130
Section 45-51A-33.130 Effective Date of Budget; Certification; Copies Made Available
Status: in_force

Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget as finally adopted, shall be certified by the mayor and city clerk and filed in the office of the director of finance. The budget so certified shall be printed, mimeographed, or otherwise reproduced and sufficient copies thereof shall be made available for the use of all offices, departments, and agencies and for the use of citizens of the city who request a copy.
Ala. Code § 45-44A-41.02 — Alabama Code / Title 45 / Chapter 44A / Section 45-44A-41.02
Section 45-44A-41.02 Notice to Destroy Weeds
Status: in_force

(a) After the passage of the resolution, the City of Tuskegee shall give the person last assessing the property for state taxes notice by personally serving upon such person a copy of the notice to remove such weeds within a reasonable time. In the event that such personal service is returned not found, such notice may be given by registered mail or certified mail. The mailing of such registered or certified mail notice, properly addressed and postage prepaid, shall constitute notice as required herein. Prior to the delivery or mailing of the notice as required by the immediate preceding sentence, the city shall cause to be conspicuously posted in front of the property on which such nuisance exists, at not more than one hundred feet in distance apart, but not less than two in all, notices headed, Notice to Destroy Weeds, such heading to be in words not less than one inch in height and substantially in the following form:

NOTICE TO DESTROY WEEDS

Notice is hereby given that on the ___ day of ______ 20__, the City of Tuskegee passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on _______street, in the ________, and more particularly described in the resolution, and that the same constitute a public nuisance which must be abated by the removal of noxious or dangerous weeds, otherwise they shall be removed and the nuisance shall be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which or in front of which such weeds are removed, and such cost shall constitute a lien upon such lots or lands until paid. Reference is hereby made to the resolution for further particulars.

All property owners having any objections to the proposed removal of such weeds are hereby notified to attend a meeting of the City Council of the City of Tuskegee to be held _______, when their objections shall be heard and given due consideration.

Dated this _______ day of _________ 20__.

CITY OF TUSKEGEE

BY______________

City Clerk

(b) The notices shall be posted at least 10 days prior to the time for hearing objections by the governing body of the municipality.
Ala. Code § 45-28-170.01 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-170.01
Section 45-28-170.01 Health Department Fees
Status: in_force

(a) The Etowah County Board of Health shall designate the services rendered by the Etowah County Health Department for which a reasonable fee may be charged and shall set the maximum allowable fee to be charged for each service.

(b) The Etowah County Health Department shall be authorized to charge and collect such fees. All fees collected shall be in addition to any and all federal, state, and local appropriations. Any fees collected shall be processed in accordance with the recommendations of the Department of Examiners of Public Accounts.

(c) No citizen shall be denied any service because that person is unable to pay. The Etowah County Board of Health may establish a sliding fee scale based on ability to pay.

(d) This section shall not apply to nor affect any fees otherwise authorized, set, and collected under state, local, or federal law or regulation.

(e) All fees collected pursuant to this section are hereby appropriated to the Etowah County Health Department which collected such fees.
Ala. Code § 45-40-142.14 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-142.14
Section 45-40-142.14 Dissolution of Fire District
Status: in_force

(a) A fire district may be dissolved pursuant to this section unless procedures for dissolution are adopted by the county association pursuant to Section 45-40-142.01. (b) A fire district may be dissolved by a resolution of the county commission in response to a request by the district board of directors which has received the approval of the county association. (c) The dissolving fire district shall transfer any funds and property remaining after the satisfaction of the district’s outstanding debts or obligations to the county association, which, within 90 days, shall redistribute to any fire district, volunteer fire department, or municipal fire department that is providing fire protection to the service area of the dissolved district. (d) The assessment of any fire protection fee to be collected for the fiscal year current upon dissolution shall cease unless the incorporation of a successor fire district is authorized by the county commission within 60 days after the county commission’s resolution dissolving the fire district.

(b) A fire district may be dissolved by a resolution of the county commission in response to a request by the district board of directors which has received the approval of the county association.

(c) The dissolving fire district shall transfer any funds and property remaining after the satisfaction of the district’s outstanding debts or obligations to the county association, which, within 90 days, shall redistribute to any fire district, volunteer fire department, or municipal fire department that is providing fire protection to the service area of the dissolved district.

(d) The assessment of any fire protection fee to be collected for the fiscal year current upon dissolution shall cease unless the incorporation of a successor fire district is authorized by the county commission within 60 days after the county commission’s resolution dissolving the fire district.
Ala. Code § 45-49-201.21 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-201.21
Section 45-49-201.21 Special Issuance Fee
Status: in_force

(a)(1) In Mobile County, the Mobile County Commission may impose, by resolution of the commission, a special issuance fee not to exceed five dollars ($5) to be collected by the License Commissioner of Mobile County on each motor vehicle registration, boat renewal or registration, manufactured home registration, business license application, or other instrument registered or application applied for in the office of the license commissioner. The special issuance fee shall be in addition to all other fees, taxes, and other charges provided by law.

(2) The fee authorized by this section shall be set by the Mobile County Commission, by resolution of the commission, adopted at a regularly scheduled meeting.

(b) The issuance fees collected pursuant to this section shall be deposited in a segregated account of the office of the license commissioner and expended by the license commissioner for the preservation and storage of records relating to motor vehicle registration, boat registration, and business licenses as prescribed by the Department of Examiners of Public Accounts and for the purchase, installation, improvement, development, upgrading, and maintenance of equipment and technology in the office of the License Commissioner of Mobile County.

(c) This section is cumulative and shall not alter or change any existing law relating to charges and fees collected by the License Commissioner of Mobile County.
Ala. Code § 45-21-84.31 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-84.31
Section 45-21-84.31 Definitions
Status: in_force

The following words and phrases when used in this subpart shall have the following meanings:

(1) GENERAL PROPERTY INSTRUMENT. A real property instrument that affects the title to personal property as well as real property.

(2) IMPROVED RECORDING SYSTEM. A system of recording real property instruments and personal property instruments in the probate office and, in the discretion of the judge of probate, of recording other instruments and documents, which system, when completed, shall consist of the equipment necessary and suitable to record, archive, and retrieve records.

(3) PERSONAL PROPERTY INSTRUMENT. Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter required to be filed or titled for record in the probate office, in accordance with the applicable requirements of the laws of this state, including, without limitation, Sections 35-4-50 and 35-4-90.

(4) REAL PROPERTY INSTRUMENT. Includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including, without limitation, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgments, and plats or maps showing the subdivision of real estate.
Ala. Code § 45-51A-32.33 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.33
Section 45-51A-32.33 Insufficient Funding
Status: in_force

If at any time there shall not be sufficient money in the Montgomery Firefighters Pension Fund to pay each person entitled to the benefit thereof the full amount per month as herein provided, then an equal percentage of such monthly payment or payments shall be made to each beneficiary until the fund shall be replenished to warrant the payment in full of each of the beneficiaries.
Ala. Code § 45-45-85.20 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-85.20
Section 45-45-85.20 Mental Health Fund
Status: in_force

(a) Beginning on August 1, 2001, the minimum fee for the Mental Health Fund in all probate court transactions collected by the Probate Court of Madison County pursuant to Act 452, 1975 Regular Session (Acts 1975, p. 1073), shall be twelve dollars ($12).

(b) The fees collected pursuant to this section shall be collected by the judge of probate and shall be remitted to the Madison County Mental Health Fund in the same manner as the fees are currently being remitted.
Ala. Code § 45-8A-22.95 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.95
Section 45-8A-22.95 Transfer, Assignment, and Conveyance of Existing Funds, Etc., to Police and Firefighters Retirement Fund
Status: reserved

Repealed by Act 2012-484, §1, effective May 16, 2012.
Ala. Code § 45-8-200.08 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-200.08
Section 45-8-200.08 Application by Mail
Status: in_force

All applications for motor vehicle tags by mail and the correct amount of taxes and fees shall be received by the commissioner of licenses on or before the last day of the month of expiration, and the commissioner of licenses shall mail such tag forthwith. Applications by mail which are postmarked on or before the last day of the month of expiration are deemed to have been received by the license commissioner on the date of the postmark. The commissioner of licenses shall charge and collect a reasonable fee for each motor vehicle license tag issued by mail, in addition to all fees prescribed by law. The county commission shall, by resolution, annually establish the amount of the fee, upon a written recommendation of the license commissioner. The license commissioner shall submit his or her recommendation on or before October 1 of each year. Upon receipt of the recommendation, the county commission shall set the fee for the following calendar year. Such additional fee shall be paid by the owner of the motor vehicle with his or her mailed request for license tags, and such fees collected by the commissioner of licenses shall be paid into the general fund of the county. The procedure authorized by this part for the payment of ad valorem taxes and motor vehicle license taxes and the issuance of license tags is optional, additional, and alternative to the procedure now provided by law. Each owner of a motor vehicle shall continue to have the right to pay taxes and to receive his or her tag in person without the payment of the additional fee hereinabove provided. All the forms necessary in the administration of this part shall be furnished by the State Department of Revenue.
Ala. Code § 45-25-242.41 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-242.41
Section 45-25-242.41 Levy of Tax
Status: in_force

In addition to all other taxes imposed by law, there is imposed an excise tax of one cent ($0.01) per gallon on persons, corporations, copartnerships, companies, agencies, or associations engaged in the business of selling, distributing, storing or withdrawing from storage for any purpose whatever, gasoline or other liquid motor fuels or devices or substitutes, except diesel fuel used for any purpose whatsoever, therefor in DeKalb County, Alabama, and to require every distributor, retail dealer or storer of gasoline as herein defined to pay excise tax of one cent ($0.01) per gallon upon the selling, distributing, or withdrawing from storage for any use, gasoline as herein defined in DeKalb County, Alabama; provided that the excise tax levied by this subpart shall not be levied upon the sale of gasoline in interstate commerce, and provided further that if the excise tax imposed by this subpart upon the sale of such gasoline shall have been paid by a distributor or by retail dealer or storer, such payment shall be sufficient, the intention being that the tax shall not be paid but once. The excise tax imposed by this subpart shall apply to persons, firms, corporations, dealers, or distributors storing gasoline and distributing same or allowing the same to be withdrawn from storage, whether such withdrawal be for sale or other use, provided that sellers of gasoline and its substitutes paying the tax herein provided may pay the same computed and paid on the basis of their sales as hereinafter required, and storers and distributors shall compute and pay such tax on the basis of their withdrawals or distributions. The tax herein provided for shall be in addition to any and all excise or other taxes whatsoever imposed on gasoline, naptha and other liquid motor fuels or any device or substitute therefor, or on the business of selling, distributing, storing, or withdrawing from storage for any purpose, gasoline as herein defined; however, the governing body of the county shall have no authority to levy any tax upon any diesel fuel used for any purpose whatsoever, or gasoline as herein defined when used in essential governmental functions by the State of Alabama or any agency thereof, or county governing agencies, municipalities, and boards of education.
Ala. Code § 45-1-233 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-233
Section 45-1-233 Police Jurisdiction Within Autauga County
Status: in_force

No municipality whose corporate limits do not lie within or extend into and embrace and include a portion of Autauga County shall have or exercise police jurisdiction within Autauga County; nor shall the municipality exercise police jurisdiction, police powers or taxing powers within Autauga County or over or on any person in Autauga County or property or business or trade or profession in Autauga County; nor shall the municipality levy, fix, or collect any license or fee of any kind in Autauga County; nor shall any ordinance of the municipality enforcing police or sanitation regulations or prescribing fines or penalties for violation thereof have force or effect in Autauga County.
Ala. Code § 45-36A-105.02 — Alabama Code / Title 45 / Chapter 36A / Section 45-36A-105.02
Section 45-36A-105.02 Expiration of Terms for Board of Education Members in 2027; Elections
Status: in_force

The terms of office of members of the Scottsboro City Board of Education set to expire in 2026 shall be extended by one additional year to expire in 2027. Successors to the offices of members of the city board of education whose terms expire in 2027 shall be elected at the general municipal election to be held on the fourth Tuesday in August 2027, and every six years thereafter.
Ala. Code § 45-37-123.106 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.106
Section 45-37-123.106 Minimum Distribution Requirements
Status: in_force

(a) General rules.

(1) EFFECTIVE DATE. Except as otherwise provided in this section, this section shall apply for purposes of determining required minimum distributions for calendar years beginning on and after January 1, 1987.

(2) REQUIREMENTS OF TREASURY REGULATIONS INCORPORATED. All distributions required under this section shall be determined and made in accordance with 26 U.S.C. § 401(a)(9), including the incidental death benefit requirement in 26 U.S.C. § 401(a)(9)(G), and the regulations thereunder.

(3) PRECEDENCE. Subject to the joint and survivor annuity requirements of the plan, the requirements of this section shall take precedence over any inconsistent provisions of the plan.

(b) Time and manner of distribution.

(1) REQUIRED BEGINNING DATE. The member’s entire interest shall be distributed, or begin to be distributed, to the member no later than the member’s required beginning date.

(2) DEATH OF MEMBER BEFORE DISTRIBUTIONS BEGIN. If the member dies before distributions begin, the member’s entire interest shall be distributed, or begin to be distributed, no later than as follows:

a. Life Expectancy Rule, Spouse is Designated Beneficiary. At the election of the member or, if no election is made by the member, then at the election of the member’s designated beneficiary, if the member’s surviving spouse is the member’s sole designated beneficiary, then distributions to the surviving spouse shall begin by December 31st of the calendar year immediately following the calendar year in which the member died, or by December 31st of the calendar year in which the member would have attained age 73, for those members who would have attained age 72 after December 31, 2022, and age 73 before January 1, 2033; or age 75, for those members who would have attained age 73 after December 31, 2032 , if later.

b. Life Expectancy Rule, Spouse is Not Designated Beneficiary. At the election of the member or, if no election is made by the member, then at the election of the member’s designated beneficiary, if the member’s surviving spouse is not the member’s sole designated beneficiary, then distributions to the designated beneficiary shall begin by December 31st of the calendar year immediately following the calendar year in which the member died.

c. Five-Year Rule.

1. At the election of the member or, if no election is made by the member, then at the election of the member’s designated beneficiary, if the member dies before distributions begin and there is a designated beneficiary, then the member’s entire interest shall be distributed to the designated beneficiary by December 31st of the calendar year containing the fifth anniversary of the member’s death. If the member’s surviving spouse is the member’s sole designated beneficiary and the surviving spouse dies after the member but before distributions to either the member or the surviving spouse begin, then this paragraph shall apply as if the surviving spouse were the member. This paragraph shall apply to all distributions.

2. Members or designated beneficiaries may elect on an individual basis whether the five-year rule in this paragraph or the life expectancy rule in paragraph a. or paragraph b., and subsection (e) applies to distributions after the death of a member who has a designated beneficiary. The election shall be made no later than the earlier of September 30th of the calendar year in which distribution would be required to begin under paragraph a. or paragraph b., or by September 30th of the calendar year that contains the fifth anniversary of the member’s, or, if applicable, surviving spouse’s, death under this paragraph. If neither the member nor designated beneficiary makes an election under this subparagraph, distributions shall be made in accordance with paragraph a. or paragraph b., and subsection (e).

d. No Designated Beneficiary, Five-Year Rule. If there is no designated beneficiary as of September 30th of the year following the year of the member’s death, the member’s entire interest shall be distributed by December 31st of the calendar year containing the fifth anniversary of the member’s death.

e. Surviving Spouse Dies Before Distributions Begin.

1. If the member’s surviving spouse is the member’s sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, then this subsection, other than paragraph a., shall apply as if the surviving spouse were the member.

2. For purposes of this subsection and subsection (e), distributions are considered to begin on the member’s required beginning date or, if this paragraph applies, the date distributions are required to begin to the surviving spouse under paragraph a. If annuity payments irrevocably commence to the member before the member’s required beginning date, or to the member’s surviving spouse before the date distributions are required to begin to the surviving spouse under paragraph a., the date distributions are considered to begin is the date distributions actually commence.

(3) FORM OF DISTRIBUTION. Unless the member’s interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions shall be made in accordance with subsections (c), (d), and (e). If the member’s interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder shall be made in accordance with the requirements of 26 U.S.C. § 401(a)(9) and the regulations thereunder. Any part of the member’s interest which is in the form of an individual account described in 26 U.S.C. § 414(k) shall be distributed in a manner satisfying the requirements of 26 U.S.C. § 401(a)(9) and the regulations thereunder applicable to individual accounts.

(c) Determination of amount to be distributed each year.

(1) GENERAL ANNUITY REQUIREMENTS. A member who is required to begin payments as a result of attaining his or her required beginning date, whose interest has not been distributed in the form of an annuity purchased from an insurance company or in a single sum before that date, may receive payments in the form of annuity payments under the plan. Payments under the annuity shall satisfy the following requirements:

a. The annuity distributions shall be paid in periodic payments made at intervals not longer than one year.

b. The distribution period shall be over a life, or lives, or over a period certain not longer than the period described in subsection (d) or subsection (e).

c. Once payments have begun over a period certain, the period certain shall not be changed even if the period certain is shorter than the maximum permitted.

d. Payments shall either be nonincreasing or increase only to the extent permitted by one of the following conditions:

1. By an annual percentage increase that does not exceed the annual percentage increase in a cost-of-living index that for a 12-month period ending in the year during which the increase occurs or the prior year.

2. By a percentage increase that occurs at specified times, such as, at specified ages, and does not exceed the cumulative total of annual percentage increases in an eligible cost-of-living index since the annuity starting date, or if later, the date of the most recent percentage increase. In cases providing a cumulative increase, an actuarial increase may not be provided to reflect the fact that increases were not provided in the interim years.

3. To the extent of the reduction in the amount of the member’s payments to provide for a survivor benefit upon death, but only if the beneficiary whose life was being used to determine the distribution period described in subsection (d) dies or is no longer the member’s designated beneficiary pursuant to a qualified domestic relations order within the meaning of 26 U.S.C. § 414(p).

4. To allow a designated beneficiary to convert the survivor portion of a joint and survivor annuity into a single sum distribution upon the member’s death.

5. To pay increased benefits that result from a plan amendment or other increase in the member’s accrued benefit under the plan.

6. By a constant percentage, applied not less frequently than annually, at a rate that is less than five percent per year.

7. To provide a final payment upon the death of the member that does not exceed the excess of the actuarial present value of the member’s accrued benefit, within the meaning of 26 U.S.C. § 411(a)(7), calculated as of the annuity starting date using the applicable interest rate and the applicable mortality table under 26 U.S.C. § 417(e), or, if greater, the total amount of employee contributions, over the total of payments before the death of the member.

8. As a result of dividend or other payments that result from actuarial gains, provided:

(i) Actuarial gain is measured not less frequently than annually;

(ii) The resulting dividend or other payments are either paid no later than the year following the year for which the actuarial experience is measured or paid in the same form as the payment of the annuity over the remaining period of the annuity, beginning no later than the year following the year for which the actuarial experience is measured;

(iii) The actuarial gain taken into account is limited to actuarial gain from investment experience;

(iv) The assumed interest rate used to calculate the actuarial gains is not less than three percent; and

(v) The annuity payments are not also being increased by a constant percentage as described in subparagraph 6.

(2) AMOUNT REQUIRED TO BE DISTRIBUTED BY REQUIRED BEGINNING DATE.

a.1. In the case of a member whose interest in the plan is being distributed as an annuity pursuant to subdivision (1), the amount that shall be distributed on or before the member’s required beginning date, or, if the member dies before distributions begin, the date distributions are required to begin under paragraph(b)(2) a. or b., is the payment that is required for one payment interval.

2. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year.

3. Payment intervals are the periods for which payments are received, such as, bimonthly, monthly, semi-annually, or annually. All of the member’s benefit accruals as of the last day of the first distribution calendar year shall be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member’s required beginning date.

b. In the case of a single sum distribution of a member’s entire accrued benefit during a distribution calendar year, the amount that is the required minimum distribution for the distribution calendar year, and thus not eligible for rollover under 26 U.S.C. § 402(c), is determined under this paragraph. The portion of the single sum distribution that is a required minimum distribution is determined by treating the single sum distribution as a distribution from an individual account plan and treating the amount of the single sum distribution as the member’s account balance as of the end of the relevant valuation calendar year. If the single sum distribution is being made in the calendar year containing the required beginning date and the required minimum distribution for the member’s first distribution calendar year has not been distributed, the portion of the single sum distribution that represents the required minimum distribution for the member’s first and second distribution calendar year is not eligible for rollover.

(3) ADDITIONAL ACCRUALS AFTER FIRST DISTRIBUTION CALENDAR YEAR. Any additional benefits accruing to the member in a calendar year after the first distribution calendar year shall be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which the amount accrues. Notwithstanding the preceding, the plan shall not fail to satisfy the requirements of this subdivision and 26 U.S.C. § 401(a)(9) merely because there is an administrative delay in the commencement of the distribution of the additional benefits accrued in a calendar year, provided that the actual payment of the amount commences as soon as practicable. However, payment shall commence no later than the end of the first calendar year following the calendar year in which the additional benefit accrues, and the total amount paid during the first calendar year shall be no less than the total amount that was required to be paid during that year under this subdivision.

(4) DEATH OF MEMBER AFTER DISTRIBUTIONS BEGIN. If a member dies after distribution of the member’s interest begins in the form of an annuity meeting the requirements of this section, then the remaining portion of the member’s interest shall continue to be distributed over the remaining period over which distributions commenced.

(d) Requirements for annuity distributions that commence during member’s lifetime.

(1) JOINT LIFE ANNUITIES WHERE THE DESIGNATED BENEFICIARY IS THE MEMBER’S SPOUSE. If distributions commence under a distribution option that is in the form of a joint and survivor annuity for the joint lives of the member and the member’s spouse, the minimum distribution incidental benefit requirement shall not be satisfied as of the date distributions commence unless, under the distribution option, the periodic annuity payment payable to the survivor does not at any time on and after the member’s required beginning date exceed the annuity payable to the member. In the case of an annuity that provides for increasing payments, the requirement of this subdivision shall not be violated merely because benefit payments to the designated beneficiary increase, provided the increase is determined in the same manner for the member and the designated beneficiary. If the form of distribution combines a joint and survivor annuity for the joint lives of the member and the member’s spouse and a period certain annuity, the preceding requirements shall apply to annuity payments to be made to the designated beneficiary after the expiration of the period certain.

(2) JOINT LIFE ANNUITIES WHERE THE DESIGNATED BENEFICIARY IS NOT THE MEMBER’S SPOUSE. If the member’s interest is being distributed in the form of a joint and survivor annuity for the joint lives of the member and a designated beneficiary other than the member’s spouse, the minimum distribution incidental benefit requirement shall not be satisfied as of the date distributions commence unless under the distribution option, the annuity payments to be made on and after the member’s required beginning date shall satisfy the conditions of this subdivision. The periodic annuity payment payable to the survivor shall not at any time on and after the member’s required beginning date exceed the applicable percentage of the annuity payment payable to the member using the table set forth in Treasury Regulation § 1.401(a)(9)-6, Q & A-2(c)(2). The applicable percentage is based on the adjusted member/ designated beneficiary age difference. The adjusted member/ designated beneficiary age difference is determined by first calculating the excess of the age of the member over the age of the designated beneficiary based on their ages on their birthdays in a calendar year. If the member is younger than age 70, the age difference determined in the previous sentence is reduced by the number of years that the member is younger than age 70 on the member’s birthday in the calendar year that contains the annuity starting date. In the case of an annuity that provides for increasing payments, the requirement of this subdivision shall not be violated merely because benefit payments to the designated beneficiary increase, provided the increase is determined in the same manner for the member and the designated beneficiary. If the form of distribution combines a joint and survivor annuity for the joint lives of the member and a non-spouse designated beneficiary and a period certain annuity, the preceding requirements shall apply to annuity payments to be made to the designated beneficiary after the expiration of the period certain.

(3) PERIOD CERTAIN ANNUITIES. Unless the member’s spouse is the sole designated beneficiary and the form of distribution is a period certain and no life annuity, the period certain for an annuity distribution commencing during the member’s lifetime may not exceed the applicable distribution period for the member under the Uniform Lifetime Table set forth in Treasury Regulation § 1.401(a)(9)-9 for the calendar year that contains the annuity starting date. If the annuity starting date precedes the year in which the member reaches age 70, the applicable distribution period for the member is the distribution period for age 70 under the Uniform Lifetime Table set forth in Treasury Regulation § 1.401(a)(9)-9 plus the excess of 70 over the age of the member as of the member’s birthday in the year that contains the annuity starting date. If the member’s spouse is the member’s sole designated beneficiary and the form of distribution is a period certain and no life annuity, the period certain may not exceed the longer of the member’s applicable distribution period, as determined under this subdivision, or the joint life and last survivor expectancy of the member and the member’s spouse as determined under the Joint and Last Survivor Table set forth in Treasury Regulation § 1.401(a)(9)-9, using the member’s and spouse’s attained ages as of the member’s and spouse’s birthdays in the calendar year that contains the annuity starting date.

(e) Requirements for minimum distributions where member dies before date distributions begin.

(1) MEMBER SURVIVED BY DESIGNATED BENEFICIARY AND LIFE EXPECTANCY RULE. At the election of the member or, if no election is made by the member, then at the election of the member’s designated beneficiary, if the member dies before the date distribution of his or her interest begins and there is a designated beneficiary, the member’s entire interest shall be distributed, beginning no later than the time described in paragraph (b)(2)a. or b., over the life of the designated beneficiary or over a period certain not exceeding:

a. Unless the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the designated beneficiary’s age as of the designated beneficiary’s birthday in the calendar year immediately following the calendar year of the member’s death; or

b. If the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the designated beneficiary’s age as of the designated beneficiary’s birthday in the calendar year that contains the annuity starting date.

(2) MEMBER SURVIVED BY DESIGNATED BENEFICIARY AND FIVE-YEAR RULE. At the election of the member or, if no election is made by the member, then at the election of the member’s designated beneficiary, if the member dies before distributions begin and there is a designated beneficiary, then the member’s entire interest shall be distributed to the designated beneficiary by December 31st of the calendar year containing the fifth anniversary of the member’s death. This subdivision shall apply to all distributions.

(3) NO DESIGNATED BENEFICIARY. If the member dies before the date distributions begin and there is no designated beneficiary as of September 30th of the year following the year of the member’s death, distribution of the member’s entire interest shall be completed by December 31st of the calendar year containing the fifth anniversary of the member’s death.

(4) DEATH OF SURVIVING SPOUSE BEFORE DISTRIBUTIONS TO SURVIVING SPOUSE BEGIN. If the member dies before the date distribution of his or her interest begins, the member’s surviving spouse is the member’s sole designated beneficiary, and the surviving spouse dies before distributions to the surviving spouse begin, this subsection shall apply as if the surviving spouse were the member, except that the time by which distributions shall begin shall be determined without regard to paragraph (b)(2)a.

(f) Definitions.

(1) ACTUARIAL GAIN. The difference between an amount determined using the actuarial assumptions, such as, investment return, mortality, expense, and other similar assumptions, used to calculate the initial payments before adjustment for any increases and the amount determined under the actual experience with respect to those factors. Actuarial gain also includes differences between the amount determined using actuarial assumptions when an annuity was purchased or commenced and the amount determined using actuarial assumptions used in calculating payments at the time the actuarial gain is determined.

(2) DESIGNATED BENEFICIARY. The individual who is the designated beneficiary under 26 U.S.C. § 401(a)(9) and Treasury Regulation § 1.401(a)(9)-4 and is designated as the beneficiary under Section 45-37-123.103 to the extent not otherwise inconsistent with the Internal Revenue Code or regulations thereunder .

(3) DISTRIBUTION CALENDAR YEAR. A calendar year for which a minimum distribution is required. For distributions beginning before the member’s death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the member’s required beginning date. For distributions beginning after the member’s death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to subsection (b).

(4) ELIGIBLE COST-OF-LIVING INDEX. An index described below:

a. A consumer price index that is based on prices of all items, or all items excluding food and energy, and issued by the Bureau of Labor Statistics, including an index for a specific population, such as urban consumers or urban wage earners and clerical workers, and an index for a geographic area or areas, such as a given metropolitan area or state; or

b. A percentage adjustment based on a cost-of-living index described in paragraph a., or a fixed percentage, if less. In any year when the cost-of-living index is lower than the fixed percentage, the fixed percentage may be treated as an increase in an eligible cost-of-living index, provided it does not exceed the sum of:

1. The cost-of-living index for that year; and

2. The accumulated excess of the annual cost-of-living index from each prior year over the fixed annual percentage used in that year, reduced by any amount previously utilized under this paragraph.

c. A percentage adjustment based on the increase in compensation for the position held by the member at the time of retirement, and provided under the terms of the plan.

(5) LIFE EXPECTANCY. The life expectancy as computed by use of the Single Life Table in Treasury Regulation § 1.401(a)(9)-9.

(6) REQUIRED BEGINNING DATE. The April 1st of the calendar year following the later of:

a. The calendar year in which the member attains age 73, for those members who attain age 72 after December 31, 2022, and age 73 before January 1, 2033; or attains age 75, for those members who attain age 73 after December 31, 2032 ; or

b. The calendar year in which the member retires.
Ala. Code § 45-23-160.01 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-160.01
Section 45-23-160.01 Contingent Fund
Status: in_force

(a) Commencing with the fiscal year beginning October 1, 2014, the Dale County Commission may appropriate annually, out of the monies in the county treasury not otherwise appropriated, an amount not exceeding twelve thousand dollars ($12,000) into a fund to be known as the “Contingent Fund,” which may be expended for any county purposes not otherwise provided by law which in the judgment of the Dale County Commission are in the best interest of the county. Any sums remaining unexpended in the contingent fund at the end of the fiscal year shall not revert to the county treasury, but the amount of unexpended funds shall be appropriated for the next succeeding year along with any funds which may be appropriated for that succeeding year provided the amount appropriated or expended in any fiscal year shall not exceed twelve thousand dollars ($12,000).

(b) The Dale County Commission may establish procedures for the expenditure of the contingent fund.
Ala. Code § 45-2-84.18 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-84.18
Section 45-2-84.18 Fund Surplus
Status: in_force

If, at the end of any calendar year, there remains a surplus in the Baldwin County Community Corrections Fund, the surplus may be held by the Baldwin County Pretrial Release and Community Corrections Board to be used to expand the provisions of this part or be paid over to the General Fund of Baldwin County Commission at the discretion of the Baldwin County Pretrial Release and Community Corrections Board to be used to expand the services provided to defendants and victims in the criminal justice system, including, but not limited to, the sheriff, the district attorney’s office, the law library, or any funds for the benefit of the court, court facilities, and equipment for indigent defense.
Ala. Code § 45-25-242.42 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-242.42
Section 45-25-242.42 Statement of Sales and Withdrawals
Status: in_force

On or before the 20th day of each month after October 10, 1975, every person upon whom the excise tax is levied shall render to the governing body of such county on forms prescribed by such governing body a true and correct statement of all sales and withdrawals of gasoline made by him or her or them during the next preceding month, liable for payment of the excise tax imposed by this subpart and shall furnish to the governing body such additional information as such governing body may require upon blanks to be formulated and furnished by the governing body, and at the time of making such report shall pay to the governing body an amount of money equal to the excise tax levied by this subpart. The statement herein required to be made by the distributor, storer, or retail dealer shall be sworn to before some officer authorized to administer oaths, and any false statement sworn to shall constitute perjury and upon conviction thereupon the person so convicted shall be punished as provided by law for the crime of perjury.
Ala. Code § 45-35-233 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-233
Section 45-35-233 Fee; Disposition of Funds; Sheriff’s Fund
Status: in_force

(a) In Houston County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75 shall be twenty dollars ($20) per year, which shall be collected by the sheriff.

(b) Seventeen dollars ($17) of the monies collected under subsection (a) shall be deposited by the Sheriff of Houston County in any bank located in Houston County in a fund known as the Sheriff’s Fund.

(c) Three dollars ($3) of the monies collected under subsection (a) shall be paid into the General Fund of Houston County, Alabama.

(d) The Sheriff’s Fund as provided in subsection (b) shall be drawn upon by the Sheriff of Houston County, or his or her appointed agent, and shall be used exclusively for law enforcement purposes and in the discharge of the sheriff’s office as he or she sees fit.

(e) The establishment of the Sheriff’s Fund as provided in this section and the use of such funds shall in no way diminish or take the place of any other imbursement or other source of income established for the sheriff or the operation of his or her office.
Ala. Code § 45-22-221 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-221
Section 45-22-221 Retirement
Status: in_force

The Cullman County Park and Recreation Board as a participating employer in the Employees Retirement System under Section 36-27-6 shall assume liability limited solely to the employer cost necessary to fund all cost-of-living adjustments granted under the Employees’ Retirement System after September 30, 1995, to persons who retired from service to the Park and Recreation Board of Cullman County which was dissolved in 1995, and subsequently succeeded by the current Cullman County Park and Recreation Board. Such persons shall be treated the same as all other persons retired from services with Cullman County.
Ala. Code § 45-9-84.23 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-84.23
Section 45-9-84.23 Copying Fee
Status: in_force

(a) In Chambers County, fees collected for copying documents and papers in the office of the judge of probate shall be deposited into a special fund of the judge of probate. The funds shall be earmarked for probate copier maintenance, service, and supplies.

(b) This section shall not apply to certifying fees, including, but not limited to, fees for certifying letters of testamentary or administration.