Ala. Code § 45-51A-31.30 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-31.30
Section 45-51A-31.30 Assessment of Land Within the I-65 Corridor
Status: in_force

The authority, with the consent of the landowners as set forth in subdivision (3), may petition the governing body of either the city or the county, based upon the location of the land, to assess some or all of the land within the boundaries of the authority for the purpose of acquiring, constructing, or installing improvements, in accordance with the following procedure:

(1) The board shall prepare plans for the acquisition, construction, or installation of the improvements. The plans shall include a reasonable description of the improvements and an estimate of the cost of the improvements.

(2) The proposed assessment of each tract of land within the boundaries of the authority, based on the estimated increase in value of each tract resulting from the special benefits derived from the proposed improvements, and consistent with Section 223 of the Constitution of Alabama of 1901.

(3) The petition shall further include a document executed by each owner of property to be assessed approving the petition.

(4) a. Except as provided in subdivision (7) the authority must comply with all state, county, and municipal laws, rules, and regulations and the authority must obtain all approvals that may be required by the government within which the land to be assessed is located.

b. Upon receipt of the petition by the governing body within which the land to be assessed is located, the governing body shall determine what approvals may be required by the governing body including, but not limited to, approval of zoning, subdivision, fire regulations, and other ordinances, rules, codes, and regulations of the city, and if other approvals are required, the governing body shall forward the petition, or applicable portions thereof, to the appropriate boards and agencies to consider whether to grant the petition and to notify the authority of the necessity of obtaining approvals. The petition shall be held by the governing body in abeyance until all approvals as may be required have been received, or variances or exceptions granted.

c. Failure to notify the authority of the required approval shall not relieve the authority from complying with the required approval. No cause of action may be maintained against the county, its officers, employees, servants, or agents for failure to notify the authority of any required approval.

(5) Upon receipt of all required approvals, variances, or exceptions, the governing body shall conduct a hearing with respect to the petition, and if considered expedient by the governing body, the governing body may assess the property within the authority as proposed in the petition and shall further take any actions with respect to tax exemptions considered expedient.

(6) In the event that the board determines that it is necessary to amend its petition to the governing body in order to conform to its rules, regulations, and ordinances, or to obtain variances and exceptions as may be appropriate, or to obtain approval of the petition by the governing body, the board may do so.

(7) The city, county, and state may determine that improvements may be built by the authority, paid for with proceeds of bonds, and may otherwise be subject to the terms of this subpart even though the subdivision, zoning, or other ordinances, rules, codes, and regulations of the local governments would, but for this subpart, require the owners of the land, developers, or other private persons to pay for the costs of improvements, and to the extent paid for from the proceeds from a bond issue or assessments under this subpart, the private person shall be relieved of the obligation to pay for costs; provided, however, nothing in this subpart shall be construed or interpreted as relieving any project from complying with all subdivision, zoning, or other local ordinances, rules, codes, or regulations.
Ala. Code § 45-20-130.01 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-130.01
Section 45-20-130.01 Appointment of County Engineer; Qualifications
Status: in_force

The Covington County Commission shall appoint and employ a county engineer, who shall be a thoroughly qualified and competent professional engineer. The county engineer shall possess all of the qualifications as specified for county engineers under the general laws of the state. The county engineer shall devote his or her entire time and attention to the inspection, maintenance, and construction of the public roads, bridges, and ferries in the county. The county engineer shall serve at the pleasure of the county commission.
Ala. Code § 45-56-70.02 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-70.02
Section 45-56-70.02 County Commissioner Contracts
Status: in_force

In any year in which the Randolph County Commissioners are to be elected at the general election, the county commission shall be prohibited from entering into any long-term contract within six months prior to the general election, except in emergency situations where the county could not function effectively without a contract. For purposes of this section, long-term contract means a contract for longer than 180 days.
Ala. Code § 45-27A-31.07 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.07
Section 45-27A-31.07 Officers of the Authority
Status: in_force

The officers of the authority shall consist of a chair, vice chair, secretary, treasurer, and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may, but need not, be held by the same person. The chair and vice chair of the authority shall be elected by the board from the membership thereof; the secretary, the treasurer, and any other officers of the authority may, but need not, be members of the board and shall also be elected by the board. The chair, vice chair, secretary and treasurer of the authority shall also be the chair, vice chair, secretary, and treasurer of the board, respectively.
Ala. Code § 45-30-81 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-81
Section 45-30-81 Investigators
Status: in_force

The District Attorney of the Thirty-fourth Judicial Circuit, composed of Franklin County, may appoint a chief investigator and from time to time additional investigators. The investigators shall serve at the pleasure of the district attorney. The investigators shall meet the minimum standards for law enforcement officers and shall have the same power and authority as deputy sheriffs and other law enforcement officers in this state. The investigators shall be paid in the same manner as other employees in the district attorney’s office. The investigators shall be responsible to the district attorney and shall perform duties as assigned by the district attorney.
Ala. Code § 45-44-260.13 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-260.13
Section 45-44-260.13 Exceptions to Zoning Regulations
Status: in_force

The planning commission, in appropriate cases and subject to appropriate conditions and safeguards, may make special exceptions to the terms of the zoning regulations in harmony with its general purposes and interests and in accordance with general or specific rules adopted by the planning commission. Anyone wishing to appeal from an existing zoning regulation may file a written petition stating the basis for their appeal whereupon the planning commission shall fix a date for a hearing on the appeal, giving notice as the planning commission deems appropriate. With regard to such hearings, the planning commission shall have the following powers:

(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the planning commission or official in the enforcement of this article or any regulation adopted pursuant thereto.

(2) To hear and decide requests for special exceptions to the term or provisions of the regulation upon which the planning commission is required to pass.

(3) To authorize upon appeal in special cases a variance from the yard, open space, land use, bulk, and height requirements of the regulation as will not be contrary to the public interest where, owing to special conditions of the building site or land, a literal enforcement of the regulation will result in unnecessary hardship, all in order that the spirit of the regulations shall be observed and substantial justice done.
Ala. Code § 45-22-83.43 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-83.43
Section 45-22-83.43 Vending Machines
Status: in_force

(a) The Judge of Probate of Cullman County, or the authorized agent of the judge of probate, may install vending machines and collect money from the vending machines and charge and collect fees for copying documents in his or her office.

(b) The judge of probate shall establish and maintain a special probate fund in a bank located in Cullman County. All proceeds collected under this section shall be deposited by the judge of probate into the special probate fund.

(c) The judge of probate shall keep an account of all monies deposited into the special probate fund. The special probate fund shall be audited at the same time other accounts of the judge of probate are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the judge of probate within 30 days of its completion.

(d) All profits realized from the vending machines and copying fees shall be expended at the discretion of the judge of probate for the operation of the probate office.

(e) The establishment of the special probate fund and the use of its proceeds shall not diminish or take the place of any other source of income established for the judge of probate or the operation of the probate office.
Ala. Code § 45-49A-65.03 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-65.03
Section 45-49A-65.03 Distribution of Tax Proceeds
Status: in_force

The board shall have the power and it shall be its duty to distribute to the various member associations the tax proceeds as provided in Section 45-49A-65.05. The board shall have all other powers necessary to effect the purposes for which it has been established.
Ala. Code § 45-13-170 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-170
Section 45-13-170 Fees for Services
Status: in_force

(a) The Clarke County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall set the fee to be charged for each service. The health department is hereby 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 State Examiners of Public Accounts.

(b) No person shall be denied any service because of that person’s inability to pay. The county board of health may establish a sliding fee scale based on one’s ability to pay.

(c) This section shall not apply to nor affect any fees otherwise authorized, set, or collected under state or federal law or regulations and shall not affect funding from the state in any way.

(d) All fees collected pursuant to this section are hereby appropriated to the health department which collected such fees.
Ala. Code § 45-32-60 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-60
Section 45-32-60 Expense Allowance
Status: in_force

The County Coroner of Greene County shall be entitled to receive an additional expense allowance in the amount of four hundred dollars ($400) 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.
Ala. Code § 45-8A-22.106 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.106
Section 45-8A-22.106 List of Retired Police and Firefighters
Status: in_force

There shall be kept by the secretary-treasurer a book to be known as the List of Retired Police and Firefighters. The book shall give a full and complete history and record of the action of the retirement board in retiring any and all persons under the plan, including, but not limited to, each name, the date of entering service of the fire department or the police department, the date of retirement or other separation, and the reason for the retirement or separation.
Ala. Code § 45-40-233.83 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-233.83
Section 45-40-233.83 Procedures Cumulative
Status: in_force

The procedures prescribed in this subpart shall be cumulative and in addition to all other bail and release procedures provided by law.
Ala. Code § 45-4-83.05 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-83.05
Section 45-4-83.05 Program Requirements; Records
Status: in_force

(a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements:

(1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial.

(2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statutes or rules of court.

(3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney.

(4) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim.

(b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors and defendants shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest that the communications be submitted to the court for an in camera review.

(c) The records of the offender maintained as a part of the pretrial diversion program shall be destroyed in a timely manner after the program has been successfully completed by the offender. However, the district attorney may keep the contract signed by the offender in order to maintain an accurate record of pretrial diversion program participation.
Ala. Code § 45-32-244.06 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-244.06
Section 45-32-244.06 Enforcement
Status: in_force

It shall be the duty of the county commission to enforce this part upon its imposing the tax thereunder, and it shall have the right itself, or its members or its agents, to examine the books, reports, and accounts of every distributor, storer, or retail dealer of gasoline or motor fuel on which such tax has been imposed and to make any and all rules and regulations necessary and proper for the collection of such tax. Provided, however, upon resolution of the county commission, the State Department of Revenue is hereby authorized and directed to collect all taxes now or hereafter levied by the county under this part. All persons, firms, businesses, and corporations subject to and owing such taxes shall be and hereby are directed to pay the same over to the department and such payment shall be a full and complete discharge of all liability therefor to the county. The department is authorized to promulgate reasonable rules and regulations to facilitate the orderly and efficient collection of the taxes. The department is authorized to recover all costs of collecting such taxes, not to exceed five percent of the proceeds thereof, from such proceeds and shall pay the net amount remaining thereafter to the county.
Ala. Code § 45-37A-52 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52
Section 45-37A-52-51 Statement of Candidacy
Status: in_force

Any city in the State of Alabama, which has a population of more than 300,000, according to the last federal census, or which may hereafter have such population according to any federal census that may be taken hereafter, may adopt the mayor-council form of government by proceeding in the manner hereinafter in this part provided.
Ala. Code § 45-35-250.01 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-250.01
Section 45-35-250.01 Dothan/Houston County Enhanced 911 Board
Status: reserved

(a) The City of Dothan/Houston County Enhanced 911 Board shall consist of the following members:

(1) Four members appointed by a majority vote of the Dothan City Commission.

(2) One member appointed by a majority vote of the Houston County Commission.

(3) The City of Dothan Police Chief, or his or her designee.

(4) The City of Dothan Fire Chief, or his or her designee.

(5) The Houston County Sheriff, or his or her designee.

(6) The President of the Houston County Firefighter’s Association, or his or her designee.

(b) Any designee designated to serve shall be a member of the representative’s department and shall present documentation of appointment to the chair of the board.

(c) The board shall annually elect a chair.

(d) For purposes of initial appointments, two members appointed by the Dothan City Commission and the member appointed by the Houston County Commission shall serve four-year terms, and the remaining two members appointed by the Dothan City Commission shall serve two-year terms. Thereafter, all members shall serve four-year terms.

(e) Any vacancy on the board during the term of a member shall be filled for the remainder of the term. All vacancies on the board shall be filled as soon as practical by the original appointing authority.

(f) The board may appoint subcommittees and technical advisory committees as deemed necessary to assist the E-911 Systems Coordinator.

(g) Members of the board shall be immune from any liability for any action or omission in their official capacity as a member of the board.

(h) All appointments shall be made and initial terms shall commence by September 6, 2015, and the board shall commence operation at that time.

(i) Upon the commencement of operation of the board as provided in subsection (h), the board established by Section 45-35-250 shall be dissolved and that section shall be repealed.
Ala. Code § 45-4-83.08 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-83.08
Section 45-4-83.08 Self-Improvement or Self-Help Programs; Drug Testing
Status: in_force

The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program of an offender that the offender be admitted to a drug or alcohol program on an inpatient or out-patient basis or receive other treatment alternatives for substance abuse. The district attorney may require the offender to submit to periodic or random drug testing as a part of the pretrial diversion program of the offender and other terms and conditions related to substance abuse as the district attorney may direct. The offender shall pay the costs of all services unless otherwise approved by the district attorney.
Ala. Code § 45-20-71.05 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.05
Section 45-20-71.05 Personal and Political Qualifications
Status: in_force

The president of the board shall not be under the age of 25 on the date of the general election for such office and shall be a qualified elector of the county. Each associate member shall be a qualified elector and resident of the district from which he or she is elected.
Ala. Code § 45-46-210.02 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-210.02
Section 45-46-210.02 Additional Issuance Fee for Motor Vehicle Tags
Status: in_force

(a)(1) For purposes of this section, the term “motor vehicle” means a motor vehicle as defined in Section 40-12-240, excluding any trailer qualifying as a utility trailer.

(2) The Marengo County Commission may levy an additional annual issuance fee, not to exceed five dollars ($5), for each motor vehicle tag issued in the county or otherwise subject to ad valorem taxation by the county unless specifically exempted therefrom.

(3) The additional fee authorized by this section shall become due at the same time the state license and registration fee becomes due pursuant to Section 32-6-61, provided that the additional annual fee is not collected more than once in a 12-month period per vehicle.

(4) Any fee levied pursuant to this section may be removed at the discretion of the county commission provided the removal does not affect any contractual obligation.

(b) Any individual who is 65 years of age or older, upon verified proof of age, shall be granted an exemption from payment of the issuance fee levied pursuant to subsection (a) for one motor vehicle.

(c) The funds collected pursuant to this section shall be deposited into a special fund held by the county commission to be distributed to the Marengo County Economic Development Authority and for improvements to the Marengo County road system as authorized by the county commission.

(d) This section shall be retroactive to October 1, 2022, and any fees collected and the distribution and expenditure of any funds in accordance with this section after October 1, 2022, are ratified and confirmed.
Ala. Code § 45-47-10 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-10
Section 45-47-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Marion County local laws enacted after 1978 and all Marion 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 § 45-16-82.60 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82.60
Section 45-16-82.60 Applicability
Status: in_force

This subpart shall apply only in the Twelfth Judicial Circuit.
Ala. Code § 45-46-241.05 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-241.05
Section 45-46-241.05 Performance of Duties, Salary
Status: in_force

The county revenue commissioner shall collect and pay into the general fund of the county all fees, percentages, commissions, and other allowances which the tax assessor and the tax collector are now or hereafter by law authorized or directed to charge or collect for the performance of any duty imposed by law on any such officers and hereby transferred to and imposed on the county revenue commissioner. As compensation for performance of the duties of his or her office, the revenue commissioner shall receive a salary of not less than thirty thousand dollars ($30,000) and not more than forty-eight thousand dollars ($48,000), payable in 12 equal monthly installments, with the exact amount to be set by resolution of the Marengo County Commission prior to the revenue commissioner taking office. If no action is taken by the Marengo County Commission before the revenue commissioner takes office at each term, his or her salary shall be thirty thousand dollars ($30,000).
Ala. Code § 45-21-60 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-60
Section 45-21-60 Compensation; Deputy Coroner
Status: in_force

(a) Effective commencing October 1, 2014, the Coroner of Crenshaw County shall receive an expense allowance in the amount of one thousand five hundred dollars ($1,500) per month to be paid out of the county general fund. The expense allowances provided for in this section shall be in lieu of all other compensation and expenses received by the coroner in Crenshaw County and shall be the only expense allowances provided for by law for the coroner.

(b) The Coroner of Crenshaw County may appoint a deputy coroner to serve in his or her absence at no expense to the county.

(c) The Crenshaw County Commission may increase the expense allowance for the coroner as provided in this section by a majority vote of all members of the commission.
Ala. Code § 45-31-84.03 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-84.03
Section 45-31-84.03 Application for Admittance
Status: in_force

An offender may apply to the municipality for admittance into the pretrial diversion program.
Ala. Code § 45-57A-63.50 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.50
Section 45-57A-63.50 Examination of Books and Publication of Accounts
Status: in_force

The council shall each month make available in the office of the city manager a detailed statement of all receipts and expenses of the city, and a summary of its proceedings during the preceding month. At the end of each year, the council shall cause a full and complete examination of all the books and accounts of the city to be made by a qualified public accountant, and shall cause the result of the examination to be placed in the office of the city clerk and the office of the city manager, to be open for inspection by all persons. The examination shall not be made more than four years in succession by the same accountant or firm.
Ala. Code § 45-54-242.52 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-242.52
Section 45-54-242.52 Payment and Collection of Taxes
Status: in_force

All taxes authorized to be levied in Section 45–54–242.51 shall be paid to and collected by the state Department of Revenue at the same time and in the same manner as state sales and use taxes are paid. On or prior to the due dates of the additional tax levied in this subpart, each person subject to the tax shall file with the state Department of Revenue a report or return in the form prescribed by the department, setting forth, with respect to all sales and business transactions used as a measure of the tax levied, a correct statement of the gross proceeds of all the sales and gross receipts of the business transactions. The report shall also include other items of information pertinent to the tax that the state Department of Revenue may require. Any person subject to the tax levied may defer reporting credit sales until after they are collected, and if the person elects to defer reporting the sales, the person shall include in each monthly report all credit sales collections made during the month, and shall pay the tax due thereon at the time of filing the report. All reports or returns filed with the state Department of Revenue under this section shall be available for inspection by the Pickens County Commission, or its designated agent, at reasonable times during business hours.
Ala. Code § 45-9-243.40 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-243.40
Section 45-9-243.40 Privilege or License Tax
Status: in_force

(a) The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1) PERSON. Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity, or any other group or combination of any thereof acting as a unit.

(2) COUNTY. Chambers County, Alabama.

(3) BUSINESS. All activities engaged in, or caused to be engaged in, by any person with the object of gain, profit, benefit, or advantage, either direct or indirect to such person.

(4) GROSS PROCEEDS. The value proceeding or accruing from the leasing or rental of tangible personal property, without any deduction on account of the cost of the property so leased or rented, the cost of materials used, labor, or service cost, interest paid or any other expenses whatsoever, and without any deduction on account of loss and shall also include on the part of any person claiming exemption under subsection (c)(4) an amount equal to the amount of rental paid on any tangible personal property acquired under such exception and thereafter diverted to the use of such person.

(5) LEASING or RENTAL. A transaction whereunder the person who owns or controls the possession of tangible personal property permits another person to have the possession or use thereof for a consideration and for the duration of a definite or indefinite period of time without transfer of the title to such property. The detention by the user thereof of freight cars, oxygen and acetylene tanks, and similar property, in respect of which detention a demurrage or per diem charge is made against the user of such property, shall not be deemed to constitute a transaction whereunder property is leased or rented to another within the meaning of this section.

(6) TANGIBLE PERSONAL PROPERTY. Personal property which may be seen, weighed, measured, felt, or touched, or is in any other manner perceptible to the senses. The term “tangible personal property” shall not include stocks, bonds, notes, insurance, or other contracts, or securities.

(7) MEDICAL EQUIPMENT. Equipment used primarily for and essential to medical care for or to aid in the diagnosis, cure, mitigation, or treatment of disease or injury affecting any structure or function of the body. Such term shall include, but not be limited to, hospital beds, wheelchairs, walkers, orthopedic appliances, and convalescent aids.

(8) EXEMPT ORGANIZATION. Any organization exempt from taxation under 26 U.S.C. § 501, as in effect from time to time.

(b) Effective August 1, 1989, there is hereby levied in addition to all privilege license taxes of every kind now or hereinafter imposed by law, which shall be collected as herein provided, a privilege or license tax on each person engaging or continuing within the county in the business of leasing or renting tangible personal property, and such tax shall be in the amounts to be determined by the application of the rates against gross proceeds as follows:

At a rate of three percent of the gross proceeds derived by the lessor or renter from the lease or rental of tangible personal property; provided the privilege or license tax on each person engaging or continuing within this county in the business of leasing or renting any automotive vehicle or truck trailer, semitrailer, or house trailer, shall be at the rate of 1.125 percent of the gross proceeds derived by the lessor from the lease or rental of such automotive vehicle or truck trailer, semitrailer, or house trailer; provided further, that the tax levied hereby shall not apply to any leasing or rental, as lessor, by the state, or any municipality or county in the state or United Sates of America or any agency or unit thereof.

(c) There shall be exempted from the computation of any tax due hereunder the following:

(1) The gross proceeds accruing from the leasing or rental of film to a lessee who charges, or proposes to charge, admission for viewing same;

(2) The gross proceeds accruing from any charge in respect of the use of docks or docking facilities furnished for boats or other craft operated on waterways;

(3) The gross proceeds accruing from any charge made by a landlord to a tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of real property leased by the same landlord to the same tenant for use as a residence or dwelling place, including mobile homes;

(4) The gross proceeds accruing from the leasing or rental of tangible personal property to a lessee who acquires possession of the property for the purpose of leasing or renting to another the same property under a leasing or rental transaction subject to a tax hereunder;

(5) The gross proceeds accruing from any charge made by a landlord to a tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of any room or rooms, lodging, or accommodations leased or rented 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;

(6) The gross proceeds accruing from the leasing or rental of tangible personal property which the county is prohibited from taxing under the Constitution or laws of the United States or under the constitution or laws of the state;

(7) The gross proceeds accruing from the leasing or rental of nuclear fuel assemblies together with the nuclear material contained therein and other nuclear material used or useful in the production of electricity and assemblies containing ionizing radiation sources together with the ionizing radiation sources contained therein used or useful in medical treatment or scientific research;

(8) The gross proceeds accruing from a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer, for operation over the public roads and highways, and such lessor furnishes a driver for each such vehicle, and such transaction shall be deemed to constitute the rendition of service and not a “leasing or rental” within the meaning of this section;

(9) The gross proceeds accruing from the leasing or rental of vehicles in interchange between regulated motor carriers on a per diem basis;

(10) The gross proceeds accruing from the leasing or rental of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution, and the gross proceeds accruing from the leasing or rental of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air or water pollution;

(11) The gross proceeds derived by the lessor (which term includes a sublessor) from the leasing or rental of tangible personal property when the lessor and lessee (which term includes sublessee) are wholly owned subsidiary corporations of the same parent corporation or one is the wholly owned subsidiary of the other, provided that the appropriate sales or use tax, if any was due, has been paid on such item of personal property, and provided personal property to any person other than any such sister, parent, or subsidiary corporation, any privilege or license tax due and payable with respect to such subsequent subleasing under the provisions hereof shall be paid;

(12) The gross proceeds accruing from the leasing or rental of any tangible personal property by a lessee which is a public or private hospital, nursing home, or health care facility, or by a lessee which is an exempt organization;

(13) The gross proceeds accruing from the leasing or rental of medical equipment;

(14) The gross proceeds accrued or accruing from any leases or rental contracts in effect before August 1, 1989, provided, however, that the exemption hereby afforded shall not apply to any renewal or extension of such leases or contracts and shall not apply to gross proceeds accruing after one year from the first day of the third month following this section being approved by the Governor or otherwise becoming law.

(15) The gross proceeds accruing from a transaction which involves the leasing or rental of vessels or railroad equipment which are engaged in interstate or foreign commerce, or both; and

(16) The gross proceeds accruing from the leasing or rental of aircraft, replacement parts, components, systems, sundries, and supplies affixed or used on the aircraft and all ground support equipment and vehicles used by or for the aircraft to or by a certificated or licensed air carrier with a hub operation within this county, for use in conducting intrastate, interstate, or foreign commerce for transporting people or property by air. For the purpose of this subdivision, the words “hub operation within this county” shall be construed to have all of the following criteria:

a. There originates from the location 15 or more flight departures and five or more different first-stop destinations five days per week for six or more months during the calendar year; and

b. Passengers and/or property regularly exchanged at the location between flights of the same or a different certificated or licensed air carrier.

(d) The privilege license tax levied hereunder, except as otherwise provided, shall be due and payable in monthly installments on or before the twentieth day, every person on whom the amounts levied hereunder are imposed shall render to the county, or a form or forms prescribed by the county commission, a true and correct statement showing the gross proceeds of the business, for the next preceding month, the amount of gross proceeds which are not subject to the privilege license tax, or are not to be used as a measurement of the amounts due by such person and the nature thereof, together with such other information as the county commission may require, and at the time of making such monthly report such person shall compute the privilege license taxes due and shall pay the tax collector of the county the amounts shown to be due. The tax collector of the county shall deposit all taxes collected under this section into the general fund of the county treasury for the use of the county. If any person subject hereto should fail to render any report, return, statement, or form required hereby or should willfully make a false statement of facts in the report, return, statement, or form required hereunder, he or she shall upon conviction be punished by a fine of not more than five hundred dollars ($500) for each violation of any provision of this subsection.

(e) Any person taxable hereunder who makes cash or credit leases or rentals, may report such case leases or rentals only, and he or she shall thereafter include in each monthly report all credit collections made during the month preceding, and shall pay the privilege license tax due thereon at the time of filing such report.

(f) It shall be the duty of every person engaging or continuing in any business for which a privilege or license tax is imposed hereby to keep and preserve suitable records of the gross proceeds of any 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 hereunder. It shall be the duty of every person to keep and preserve for a period of three years, all invoices of gross proceeds, proceeding or accruing from the leasing or rental herein taxed and all such books, invoices, and other records shall be open for examination, at any time by the county commission or its agent. Any person leasing, who in addition leases for releasing, shall keep his or her books so as to show separately the gross proceeds of leasing and the gross proceeds of leasing for releasing. Each occurrence of a failure to keep records or allow examination thereof shall constitute a separate offense.

Any person who shall fail to keep records as herein required or who shall refuse to permit such examination thereof, or who violates any other provision hereof shall upon conviction be punished by a fine of not more than five hundred dollars ($500) for each violation of any provision of this subsection.

(g) Any person who fails to pay the tax herein levied 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 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.

(h) The County Commission of Chambers County is hereby expressly authorized to prescribe all necessary or appropriate rules and regulations for the implementation and enforcement of this section, including all rules and regulations as may be necessary by reason of any alteration of law in relation to this section.
Ala. Code § 45-35A-51.24 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-51.24
Section 45-35A-51.24 Investigations
Status: in_force

The board and the director shall make a study of all matters touching the administration and enforcement of this part and the rules and regulations adopted thereunder. To this end, the board or the director may visit all offices and places of employment to ascertain information and to advise with the heads of the various departments concerning their method of handling matters affecting the service; and to ascertain if this part and the adopted rules and regulations are fully complied with. The board or director, in the course of such inquiries, shall have the power to administer oaths, subpoena, and require the attendance of witnesses and the production of records, books, papers, and documents pertaining to the subject matter under investigation. The board, or the director, shall have the authority to inquire into the number of employees in any office or department and, after notice and an opportunity to be heard by the appointing authority and the employees affected, the board may determine there is an excessive number of employees in such office or department, in proportion to the amount of work required, and in that event, it shall issue an order in writing to the appointing authority to eliminate the number of employees found to be excessive, in the manner prescribed by this part or the rules and regulations, and such order shall be forthwith complied with by the appointing authority. The board and the director shall also study the organization of the system, procedure of administration, and other matters which affect the successful operation of the system and make such lawful changes as may increase efficiency or economy.
Ala. Code § 45-3-110.01 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-110.01
Section 45-3-110.01 Appointment of Additional Members
Status: in_force

The Barbour County Commission may appoint additional members to the board of registrars pursuant to subsection (b) of Section 17-4-150.
Ala. Code § 45-1-20 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-20
Section 45-1-20 Licensing and Regulation; Violations
Status: in_force

(a) Each local government entity within Autauga County, whether it be a municipality or the county commission, shall have the right and authority to suspend or revoke any license issued for the sale of alcoholic beverages which the local governmental entity approved for issuances to any hotel, restaurant, or club for any reason which the local governmental entity may deem sufficient and proper. This power to suspend or revoke such license shall be subject to the review of the State of Alabama Alcoholic Beverage Control Board.

(b) Each local governmental entity in Autauga County, whether it be a municipal governing body or the county commission, may promulgate and implement rules and regulations for controlling the liquor traffic within the jurisdiction of the local governmental entity, by allowing or prohibiting nudity, topless dancing, or any other type of similar live entertainment on the premises of a business which serves or sells alcoholic beverages or allows the public to consume alcoholic beverages on the premises. The rules and regulations shall be adopted by a majority vote of the governing body of the local governmental entity and the action shall be spread upon the minutes of a regular meeting of the governing body. The unincorporated areas of the county shall be subject only to the rules and regulations adopted by the county commission.

(c) When a local governmental entity deems that a rule or regulation adopted under this section has been violated, it may suspend or revoke the business license of the violator until the violator is deemed by the governmental entity to be in compliance with the rule or regulation. An alleged violation of a rule or regulation shall be afforded due process at a hearing before the governing body of the appropriate local governmental entity before a license is suspended or revoked. The appropriate governing body shall prescribe procedural rules for the hearing. Any appeal of a suspension or revocation of a license under this section shall lie directly to the circuit court of the county.

(d) If a business continues or attempts to continue to operate after a license of the business has been suspended or revoked under this section or in violation of any rule or regulation of a local governmental entity, the proprietor of the business shall be guilty of a Class C misdemeanor and upon conviction thereof shall be punished as prescribed by law.

(e) When a local governmental entity deems that a rule or regulation adopted by the governing body of the entity has been violated, it may commence a civil action in the name of the local governmental entity in the Circuit Court of Autauga County to enjoin the activity which may be in violation of the rule or regulation. In any civil action brought pursuant to this subsection, the circuit court of the county may assess all costs of enjoining the action, including attorney fees, court costs, and all other expenses of litigation against the proprietor of a business found to be in violation of the rule or regulation.
Ala. Code § 45-28A-42.23 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.23
Section 45-28A-42.23 Rules to Be Printed
Status: in_force

The civil service board shall draw and have printed such rules and regulations for the government of the departments, in accordance with this subpart, as may seem necessary. The board shall have the power and authority to fix the maximum and minimum age limits of applicants for examinations, and may specify the weight, height, etc., required of all applicants.
Ala. Code § 45-37A-251.26 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-251.26
Section 45-37A-251.26 Cost to Constitute Public Nuisance Lien; Report to Tax Assessor; Amounts to Be Included in Tax Bills; Collection
Status: in_force

The confirmed cost of abatement shall hereinafter be referred to as a public nuisance lien and thus made and confirmed shall constitute a public nuisance lien on the property for the amount of the lien. After confirmation of the reports, a copy shall be turned over to the Tax Collector of Jefferson County who, under the optional method of taxation, is charged with the collection of the city’s municipal taxes pursuant to Sections 11-51-40 to 11-51-74, inclusive. It shall be the duty of the tax collector to add the amounts of any public nuisance lien to the next regular bills for taxes levied against the respective lots and parcels of land, and thereafter any public nuisance liens shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency.
Ala. Code § 45-37A-52.07 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.07
Section 45-37A-52.07 The Council
Status: in_force

The council members provided for in this article shall be known collectively as the Council of the City of _______ (Name of city to be inserted) and shall have the powers and duties hereinafter provided. The council members first elected shall qualify and take office in the manner hereinafter prescribed on the second Monday following the date the election of all nine council members is completed, and thereupon such city shall at that time and thereby be and become organized under the mayor-council form of government provided under this part, and shall thereafter be governed by this part.
Ala. Code § 45-30-140.03 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-140.03
Section 45-30-140.03 Existing and New Volunteer Fire Districts; Certification
Status: in_force

(a) Existing volunteer fire departments with their respective geographic service coverage area, as defined by Franklin County E911 on August 14, 2015, and the City of Russellville, are established as fire districts pursuant to this article. The volunteer fire departments shall be certified by the Alabama Forestry Commission, Section 9-3-17.

(b) New volunteer fire districts may be formed in accordance with the requirements defined by Section 9-3-17 and approval by the county commission.
Ala. Code § 45-37-200 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-200
Section 45-37-200 Overpayments
Status: reserved

(a) This section shall only apply in counties which now have, or which may hereafter have, a population in excess of 500,000 according to the last or any subsequent federal decennial census.

(b) That in any county subject to this section the commissioner of licenses, director of revenue, or such other official as may be by law charged with responsibility for the collection and remittance of licenses and license fees, shall not be required to place in a fiduciary account, nor to pay over to the county, under the laws of this state relating to fiduciary funds, the sum in an amount of less than two dollars ($2) which has come into the hands of such official as a result of an overpayment by any taxpayer or purchaser of any such licenses and of which the public official is not the absolute and unqualified owner.

(c) Any funds remaining in the hands of such official at the close of any fiscal year as a result of overpayments in the amount of less than two dollars ($2), shall be applied at the discretion of the commissioner of licenses, director of revenue, or such other official, to any monetary deficit existing in such office resulting from underpayment for licenses or other fees in such amounts as to make collection efforts unwarranted and unprofitable to the county.

(d) All laws or parts of laws, local, special, or general, in conflict herewith are hereby repealed, it being specifically provided that Sections 19-3-80 to 19-3-87, inclusive, shall have no application to the funds mentioned by this section.
Ala. Code § 45-17-231 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-231
Section 45-17-231 Determination of Number of Deputies
Status: reserved

Any limitation on the number of deputies that may be employed by the Sheriff of Colbert County is repealed. The county commission is authorized to prescribe the number of deputies that the sheriff may employ.
Ala. Code § 45-57A-62.16 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-62.16
Section 45-57A-62.16 Temporary Disabilities; Benefits
Status: in_force

Whenever the board determines that a firefighter or policeman has become temporarily disabled, mentally or physically, as a result of an injury received in the performance of duty, the disabled firefighter or policeman shall be paid monthly, out of the fund, during the period of his or her disability, a sum equal to 60 percent of the monthly compensation he or she was receiving from the city at the time he or she became disabled. But any benefits payable upon this section shall be reduced by an amount equal to the amount, if any, which the beneficiary receives from the city as salary during disability. The board shall be the sole judge of the extent and cause of any disability and of the time the disability ceases to exist; determinations of the board in those regards shall be final. In the event the board determines that the disability is or has become permanent, the disabled person shall be retired, his or her name shall be placed upon the pension roll, and he or she shall be paid monthly the benefits payable under this section.
Ala. Code § 45-37-123 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123
Section 45-37-123 General Retirement System for Employees of Jefferson County
Status: in_force

(a) This part is a defined benefit pension plan, to be known as the General Retirement System for Employees of Jefferson County.

(b) The plan was originally established in Acts 1965, No. 497, 1965 Regular Session (Acts 1965, p. 717), which has been amended from time to time, for the purpose of providing retirement or other specified benefits to eligible individuals.

(c) Assets from the previous retirement systems were transferred to this plan, and the system is responsible for all obligations of such previous retirement systems.

(d) The plan is intended to be a governmental plan within the meaning of § 414(d), Internal Revenue Code, and within the meaning of § 3(32), Employee Retirement Income Security Act of 1974, as amended, and, as such, is exempted from the provisions of Title I of the Employee Retirement Income Security Act of 1974.
Ala. Code § 45-23-83.08 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-83.08
Section 45-23-83.08 Special Transaction Fee
Status: in_force

Effective May 21, 1996, a special transaction fee of two dollars ($2) dollars shall be paid to and collected by its judge of probate with respect to every transaction occurring in, or under the jurisdiction of the judge of probate, this amount shall be in addition to all other costs and fees heretofore collected. The additional fee shall be paid into the special fund of the judge of probate as created in 45-23-83.06.
Ala. Code § 45-21-130.09 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-130.09
Section 45-21-130.09 Requisition for Expenditure of Funds; Appropriation by Commission
Status: in_force

The authority of the county engineer shall be limited to the expenditure of such funds for the purpose of construction, maintenance, or repairs of public roads, bridges, and ferries of Crenshaw County as may be set aside and appropriated by the county commission, as hereinafter provided. It shall be the duty of the county commission at some meeting in September of each calendar year or not later than the first meeting in October following by order or resolution spread upon the minutes, to fix and determine the amount of funds which will be available for the purpose of building, maintaining, and constructing public roads, bridges, and ferries of Crenshaw County for the current fiscal year, beginning on October 1st, which amount, other than the salary of the county engineer and his or her necessary expenses, shall not be exceeded by him or her in building, maintaining, and constructing public roads, bridges, and ferries in Crenshaw County during that period; provided however, that the board is authorized, from time to time within any such period, to increase the amount so allowed to be expended by the county engineer during that period, when such authorization will not conflict with provisions of the general law under the budget act, Section 11-8-3. Provided further, that if such funds are presently available, and have not heretofore been set aside by the present Crenshaw County Commission, immediately upon the passage and approval of this article, it shall be the duty of the county commission herein created to set aside a sufficient portion of funds for the maintenance of roads, bridges, and ferries until the meeting in September or October 1987, as hereinabove provided for.
Ala. Code § 45-37-248.01 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-248.01
Section 45-37-248.01 Community Fire Development, Inc., Exempt
Status: in_force

In Jefferson County, Community Fire Development, Incorporated, is exempt from the payment and collection of all county and municipal sales and use taxes.
Ala. Code § 45-40-83 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-83
Section 45-40-83 Salary
Status: in_force

(a) This section shall apply only to Lawrence County.

(b) Effective April 1, 2000, any Judge of Probate of Lawrence County who has served continuously as Judge of Probate of Lawrence County for a period of 20 years or more shall be entitled to receive as his or her compensation an amount equal to 60 percent of the total amount of compensation paid the presiding circuit judge of the Thirty-sixth Judicial Circuit. The compensation shall be payable in equal monthly installments from the General Fund of Lawrence County.
Ala. Code § 45-8A-23.238 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.238
Section 45-8A-23.238 Independent Authorities, Boards, Agencies, Etc
Status: in_force

All laws relating to the school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board, zoning board, park or recreation board, municipally owned public utility and any municipally owned service enterprise, including inter alia electric, gas and water boards, agencies, etc., and any board, authority, agency, etc. given such independent status, as the same may apply and be in effect at the time when such city shall elect to be governed by the provisions of this part shall continue in full force and effect and without interruption or change as to the establishment or conduct of any such authority, board, or agency.
Ala. Code § 45-25-242.53 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-242.53
Section 45-25-242.53 Grants to Municipalities
Status: in_force

Provided, however, that nothing contained herein shall be construed to prohibit or restrict the county commission from making grants to municipalities within the county for road work but if any grant is made to any municipality a pro rata grant based on population shall be made to all municipalities within the county at the same time.
Ala. Code § 45-26-245.04 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-245.04
Section 45-26-245.04 Collection of Taxes; Enforcement
Status: in_force

The tax imposed by this subpart shall constitute a debt due Elmore County and may be collected by civil suit, in addition to all other methods provided by law. The tax, together with interest thereon, shall constitute and be secured by a lien upon the property of any person from whom the tax is due. All provisions of the revenue law of this state which apply to the enforcement of liens for taxes due the state shall apply fully to the collection of the county tax levied herein, and the State Department of Revenue for the use and benefit of Elmore County shall collect such taxes and enforce this subpart and shall have and exercise for such collection and enforcement all rights and remedies that this state or department has for collection of the state stone severance tax. The State Department of Revenue shall have full authority to employ such special counsel as it deems necessary from time to time to enforce collection of the tax levied by this subpart, and to otherwise enforce this subpart, including any litigation involving the subpart; and the Department of Revenue shall pay such special counsel’s fee, as it deems necessary and proper from the proceeds of the taxes collected by it for Elmore County.
Ala. Code § 45-2-231.90 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-231.90
Section 45-2-231.90 Baldwin County Sheriff Service of Process Serving Fund
Status: in_force

(a) This section shall only apply to Baldwin County.

(b) The Baldwin County Sheriff Service of Process Serving Fund is created and hereinafter referred to in this section as the fund.

(c) The Sheriff of Baldwin County, except for warrants for arrest, may contract with or enter into contract or agreement with a private, public, or governmental entity for the purpose of service of process.

(d)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the criminal division of the district and circuit courts of Baldwin County, shall collect a service of process fee of thirty dollars ($30) per document which shall be paid into the fund.

(2) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of Baldwin County, shall collect a service of process fee of thirty dollars ($30) per document which shall be paid into the fund.

(3) The court official designated in Baldwin County by law for the respective courts shall collect the service of process fee designated in subdivisions (1) and (2) and shall retain three dollars ($3) of each fee for deposit in the circuit clerk’s fund for the operation of the office of circuit clerk or for compensation or reimbursement of mileage incurred by jurors. The remainder of the fees collected shall be remitted to the sheriff for deposit in the Sheriff’s Service of Process Serving Fund.

(e)(1) The sheriff may use the monies generated by this section for any lawful purpose relating to the operation of the office of sheriff, including, but not limited to, any of the following:

a. The operation of the office of sheriff, the jail, or other correction center; judicial protective services; the purchase of office supplies and equipment, communications equipment, personal equipment, uniforms, and automobiles; salaries, salary supplements, expense allowances, and professional dues; training; and related activities.

b. The construction, renovation, furnishing, and maintenance of offices, buildings, and grounds operated by the office of sheriff.

c. Any other expenses by the sheriff related to the enhancement of law enforcement and corrections in the county.

(2) The funds shall not revert to the general fund of the county at the end of the fiscal year.
Ala. Code § 45-8A-23.188 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.188
Section 45-8A-23.188 Borrowing in Anticipation of Property Taxes
Status: in_force

In any budget year, in anticipation of the collection of the property tax for such year, whether levied or to be levied in such year, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated “tax anticipation note for the year 2___.” (stating the budget year). Such notes may be issued for periods not exceeding one year and may be renewed from time to time for periods not exceeding one year, but together with renewals shall mature and be paid not later than the end of the third fiscal year after the budget year in which the original notes shall have been issued. The amount of the tax anticipation notes originally issued in any budget year shall not exceed 50 percent of the amount of the property tax levied in that year for general city purposes. On renewal of tax anticipation notes of any given fiscal year, the amount renewed in the next succeeding fiscal year shall not exceed twenty percent of the amount originally issued, and the amount renewed in the second fiscal year succeeding the year of levy shall not exceed four percent of the amount originally issued.
Ala. Code § 45-40-233.72 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-233.72
Section 45-40-233.72 Failure to Remain Within Confinement
Status: in_force

Any individual released under Section 45-40-233.70 or ordered confined under Section 45-40-233.71, who willfully fails to remain within the extended limits of his or her confinement or to return to the place of confinement as ordered, shall be subject to conviction and punishment for escape as provided in Section 14-8-42.
Ala. Code § 45-35-71.04 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-71.04
Section 45-35-71.04 Districts
Status: in_force

The county commission districts are hereby established and described as follows:

(1) District one:

Bound on the West by line beginning in the City of limits of Dothan at the intersection on West Main Street and Herring Street; North on Herring Street to Sioux Street; East on Sioux Street to Greenwood Street; one block to Montgomery Highway; East on Montgomery Highway to Reeves Street; North on Reeves Street to Old Headland Road (Highway 105); North on Old Headland Road (Highway 105) to Beulah Creek; East on Beulah Creek to U.S. Highway 431; North on U.S. Highway 431 to the Southern boundary of the Kinsey City limit. The line runs west and then north to the Henry County line to include the Township of Kinsey in this district.

Bound on the North by Houston-Henry County line.

Bound on the East by Alabama-Georgia State line.

Bound on the South by a line beginning at the intersection of West Main Street and Herring Street in the Dothan City limits, East on Main Street (U.S. Highway 84) to the Eastern Boundary of the Dothan City limit; North along the Dothan City limit boundary to where the Northern Cowarts City limit boundary joins. The line then follows the Cowarts City limits eastward, northward and eastward again to the Glenn Lawrence Road to exclude the Township of Cowarts from this District. The line follows the Glenn Lawrence Road to County Road 55; South on County Road 55 to County Road 42; East on County Road 42 (making a short southerly dip on County Road 33) to Meadows Creek crossing on County Road 42; follows Meadows Creek to Cedar Creek to Section line between Sections 33 and 34 where it turns South along this section line to U.S. Highway 84; East on U.S. Highway 84 to the Alabama-Georgia State line.

(2) District two:

Bound on North by line starting at the intersection of South Foster and East Main Street in the Dothan City limits and following the line established by the Southern Boundary of District One.

Bound on East by the Alabama-Georgia State line.

Bound on South by the Alabama-Florida State line.

Bound on West by line starting at intersection of East Main and South Foster in the Dothan City limits; South on South Foster to Kornegay Street; West on Kornegay Street to South Oates (U.S. Highway 231); South on U.S. Highway 231 to the Southern Boundary of the Dothan City limits; follows Southern Boundary of the Dothan City limits eastward to U.S. Highway 53;

South of U.S. Highway 53 to County Road 19 where it turns north and a quick east on County Road 24 to Cowarts Creek; South on Cowarts Creek to County Road 17; South on County Road 17 to the Gene Terry Road; East on Gene Terry Road to County Road 33; North on County Road 33 to Sweetie Smith Road; East on Sweetie Smith Road to County Road 55; North on County Road 55 to Cowarts Creek; South following Cowarts Creek to Alabama-Florida State line.

(3) District three:

Bound on East by West boundary of District Two.

Bound on South by Alabama-Florida State line.

Bound on West by Houston-Geneva County line.

Bound on North by line beginning at South Foster Street and East Main Street in Dothan City limits going west to Ross Clark Circle; south on Ross Clark Circle to Fortner Street; west on Fortner Street to West Boundary of Dothan City limits; South along West Boundary of Dothan City limits until that section line crosses South Park Extension; East on South Park Extension to Chipola Creek; South on Chipola Creek to Section Line which extends from the Southern Boundary of Taylor City limits; West on this section line to the Houston-Geneva County line to exclude the Township of Taylor from this District.

(4) District four:

Bound on East by West Boundary of District One.

Bound on South by North Boundary of District Three and Houston-Geneva County line.

Bound on West by Houston-Dale County line.

Bound on North by Houston-Dale and Houston-Henry County lines.
Ala. Code § 45-14-240 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-240
Section 45-14-240 Office Established
Status: in_force

After September 30, 1991, or upon occurrence of a vacancy in either the office of tax assessor or tax collector, there shall be a county revenue commissioner in Clay County. A commissioner shall be elected at the general election in 1990 and at the general election every six years thereafter, who shall serve for a term of six years beginning on the first day of October next after his or her election, and until his or her successor is elected and has qualified.
Ala. Code § 45-22-243.66 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-243.66
Section 45-22-243.66 Charge for Collection; Disposition of Funds
Status: in_force

The State Department of Revenue shall charge Cullman County for collecting the special county taxes levied such amount or percentage of total collections as may be agreed upon by the Commissioner of Revenue and the court of county commissioners, board of revenue, or like governing body of the county, but such charge shall not in any event exceed 10 percent of the total amount of special county taxes collected hereunder within the county. Such charge for collecting the special taxes for the county may be deducted each month from the special sales and special use taxes collected before certifying the amount of the proceeds thereof due Cullman County for that month. The Commissioner of Revenue shall pay into the State Treasury all county taxes collected under this subpart, as such taxes are received by the Department of Revenue; and on or before the first day of each successive month (commencing with the month following the month in which the department makes the first collections hereunder), the commissioner shall certify to the Comptroller the amount of taxes collected under this subpart and paid by him or her into the State Treasury for the benefit of Cullman County during the month immediately preceding the making of such certificate. Provided, however, that before certifying the amount of the taxes paid into the State Treasury for the benefit of Cullman County during each month, the commissioner may deduct from the taxes collected in the month the charges due the department for the collection of the taxes for the county. It shall be the duty of the Comptroller to issue his or her warrant each month payable to the custodian of the public school funds of Cullman County, in his or her official capacity, in an amount equal to the amount so certified by the Commissioner of Revenue as having been collected for the use of the county. The custodian of public school funds for Cullman County shall deposit the revenue derived from the taxes levied herein into the general fund of the Cullman County school system. The net proceeds derived from the taxes levied by this subpart shall be distributed as follows: The custodian of public school funds shall pay annually to the governing body of Cullman County and to the City of Cullman each the sum of twelve thousand five hundred dollars ($12,500) which shall be payable at the rate of one thousand dollars ($1,000) per month for 11 months and one thousand five hundred dollars ($1,500) for the 12th month. Funds payable to the county governing body shall be paid into the county general fund and funds payable to the City of Cullman shall be paid to the city treasurer. Such funds shall be kept separate and apart from other funds and shall be used exclusively for the purpose of promoting industrial development or for recreational purposes. Exclusive of the twenty-five thousand dollars ($25,000) heretofore allocated to the county governing body of Cullman County and the City of Cullman to be used for the purpose of promoting industrial development or for recreational purposes, the remaining proceeds shall be divided as follows: Sixty percent to the Board of Education of Cullman County and forty percent the City of Cullman payable on a monthly basis. The board of education’s share of the proceeds shall be used exclusively for educational purposes, including transportation, capital outlay, maintenance and up-keep of buildings, and current expenses other than teachers’ salaries. The city’s share of the proceeds other than that specifically allocated by this subpart for the promotion of industrial development and for recreational purposes shall be used for general municipal purposes.
Ala. Code § 45-3-84.62 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-84.62
Section 45-3-84.62 Office and Supplies
Status: in_force

The Barbour County Commission shall furnish suitable quarters or additional space if necessary for the efficient performance of the additional duties of the judge of probate and shall transfer all necessary forms, books, records, and supplies from the office of the revenue commissioner to the judge of probate as are pertinent to the transference of the duties and shall thereafter provide stationery, forms, and supplies as are furnished pursuant to law by the State Department of Finance, the State Comptroller, and the State Department of Revenue. The county commission shall provide clerks to the judge of probate for the proper and efficient performance of the duties of the office at the rate of compensation set by the county commission. The compensation of the clerks shall be paid out of the county general fund in the same manner as other county employees are paid.
Ala. Code § 45-37-121.06 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-121.06
Section 45-37-121.06 Legal Services
Status: in_force

If this part or its enforcement by the personnel board shall be called into question in any judicial proceeding, or if any person, county, or municipality shall fail or refuse to comply with the lawful orders or directions of the personnel board, such board may call upon the county or city attorney of any county or city subject to its control or may employ independent counsel to represent it in sustaining this part and its enforcement thereof and the compensation of such independent counsel shall be paid as other employees of the board are paid.
Ala. Code § 45-27-247.04 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-247.04
Section 45-27-247.04 Use of Stamps; Records
Status: in_force

(a) It shall be the duty of each wholesale dealer or jobber who sells, stores, or delivers cigarettes to retail sellers in this county to affix to each package of cigarettes sold or delivered in the county a stamp or stamps in the proper amounts as set forth in Section 45-27-247.02. Each wholesaler or jobber who desires to do so may purchase stamps from the judge of probate at a 10 percent discount on the entire amount of sale when the purchases are made in quantities of two hundred dollars ($200) or more. The discount allowed hereby shall be compensation to the wholesale dealer or jobber for the labor of affixing the stamp or stamps to the cigarettes enumerated herein and for the keeping of the records required by this subpart. All other persons, except such wholesale dealers or jobbers, shall pay the full face amount for stamps, and no person, wholesaler, jobber, or dealer shall be entitled to purchase any such number of stamps as would cause the purchase price to include the fraction of a cent. Between the first and tenth of each calendar month each wholesaler or jobber selling, storing, or delivering cigarettes for retail in this county shall submit to the judge of probate on a form provided for same by the judge of probate a sworn statement setting forth the amount of sales of cigarettes made in Escambia County, Alabama, during the preceding calendar month, to whom the sales were made, and designating the sales as being within the city limits of the cities or towns of Atmore, Brewton, East Brewton, Flomaton, and Pollard, when such sales are made therein, or designating the sales as rural if sold outside of the city limits of the municipalities hereinabove listed.

(b) Each seller, wholesaler, jobber, or retailer shall keep complete records of all purchases, sales, receipts, inventories, and all other matters necessary to determine the correct amount of license tax for which he or she is liable. In the event a seller discontinues his or her business, he or she shall not dispose of his or her records without giving the probate judge and the license inspector 30 days’ notice in writing.

(c) The seller’s records, books of accounts, bank deposit books, and bank statements shall be open, during reasonable hours at the place of business of the seller, for inspection and examination by the probate judge, or his or her agent, and the license inspector, or such other person as may be designated under any rule or regulation adopted and promulgated by the governing body of Escambia County, Alabama.

(d) In the event the amount of tax due by the seller cannot be accurately determined from the seller’s monthly report, or if the seller does not keep adequate records, or if he or she refuses to allow an examination of his or her records, the amount of tax due may be determined from any other information or data available, and the amount of the tax so determined shall be assessed against the seller. Notice of such assessment shall be given to the seller and a demand made for immediate payment.

(e) No person shall divulge any information obtained by him or her in the course of an inspection and examination of the records of any seller, except to a person duly authorized by the county or municipal governing body, the judge of probate, the county attorney, the license inspector, or others connected with the administration of this subpart, unless he or she is required to do so by an order of a competent court.
Ala. Code § 45-8A-130.09 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-130.09
Section 45-8A-130.09 Salaries
Status: in_force

The salary to be paid each subordinate employee shall be determined by his or her appointing authority; and the salary to be paid each department head employee shall be determined by the city governing body; but in every case the salary paid shall be within the pay plan and pay rules and regulations established by the board and shall be no more than the board approves. It shall be unlawful for any official or employee to draw or issue any warrant on the city treasury for the payment of salary to any employee covered by this part unless the warrant is in an amount authorized by the board to be paid such employee. A sum paid as salary contrary to this section may be recovered in an action brought by any resident of the city against the official or employee who draws or issues the warrant, or against the sureties on his or her bond.
Ala. Code § 45-32-150.15 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-150.15
Section 45-32-150.15 Relation to Other Taxes
Status: in_force

The license fees, commissions, and excise taxes imposed herein shall be in lieu of all license, excise, and occupational taxes to the State of Alabama, or any county, city, town, or other political subdivision thereof.
Ala. Code § 45-45-20.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-20.01
Section 45-45-20.01 Rules and Regulations Governing Liquor Traffic; Violations
Status: in_force

(a) The Legislature finds that the authority of the Legislature to enact local laws regulating the liquor traffic is preserved in Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and pursuant to this authority the Legislature enacts this local law.

(b) Each local governmental entity in Madison County, whether it be a municipal governing body or the county commission, may promulgate and implement rules and regulations for controlling the liquor traffic within the jurisdiction of the local governmental entity, by allowing or prohibiting nudity, topless dancing, or any other type of similar live entertainment on the premises of a business which serves or sells alcoholic beverages or allows the public to consume alcoholic beverages on the premises. The rules and regulations shall be adopted by a majority vote of the governing body of the local governmental entity and the action shall be spread upon the minutes of a regular meeting of the governing body. The unincorporated areas of the county shall be subject only to the rules and regulations adopted by the county commission.

(c) When a local governmental entity deems that a rule or regulation adopted under this section has been violated, it may suspend or revoke the business license of the violator until the violator is deemed by the governmental entity to be in compliance with the rule or regulation. An alleged violation of a rule or regulation shall be afforded due process at a hearing before the governing body of the appropriate local governmental entity before a license is suspended or revoked. The appropriate governing body shall prescribe procedural rules for the hearing. Any appeal of a suspension or revocation of a license under this section shall lie directly to the circuit court of the county.

(d) If a business continues or attempts to continue to operate after a license of the business has been suspended or revoked under this section or in violation of any rule or regulation of a local governmental entity, the proprietor of the business shall be guilty of a Class C misdemeanor, and upon conviction thereof, shall be punished as prescribed by law.

(e) When a local governmental entity deems that a rule or regulation adopted by the governing body of the entity has been violated, it may commence a civil action in the name of the local governmental entity in the Circuit Court of Madison County to enjoin the activity which may be in violation of the rule or regulation. In any civil action brought pursuant to this subsection, the circuit court of the county may assess all costs of enjoining the action, including attorney fees, court costs, and all other expenses of litigation against the proprietor of a business found to be in violation of the rule or regulation.
Ala. Code § 45-37-171.45 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-171.45
Section 45-37-171.45 Disposition of Fees
Status: in_force

All fees established and collected pursuant to this subpart shall be retained by the Jefferson County Board of Health, and such fees are hereby appropriated to such board of health for use in carrying out its responsibilities to promote and maintain the health of the people of Jefferson County. Fees for services authorized by this subpart shall be collected and processed in accordance with recommendations made by the Department of Examiners of Public Accounts.
Ala. Code § 45-26-244.36 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-244.36
Section 45-26-244.36 Application of State Statutes
Status: in_force

(a) All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax, making reports, keeping and preserving records, providing for penalties for failure to pay the tax, promulgating rules and regulations with respect to the state sales and use tax, and the administration and enforcement of the state sales and use tax statutes which are not inconsistent with this subpart shall apply to the tax levied under this subpart.

(b) The Elmore County Commission shall have and exercise the same powers, duties, and obligations with respect to the tax levied under this subpart that are granted to the Commissioner of Revenue and Department of Revenue 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 tax levied under this subpart, and to the administration and enforcement of this subpart, are incorporated by reference and made a part of this subpart as if fully set forth herein.
Ala. Code § 45-39A-13.14 — Alabama Code / Title 45 / Chapter 39A / Section 45-39A-13.14
Section 45-39A-13.14 Application of Part
Status: in_force

Every member of the police department and every member of the fire department in all cities coming within this part, who was such member on the day upon which this code goes into effect shall retain his or her position without examination, and be subject to all the conditions and benefits of this part.
Ala. Code § 45-29-190 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-190
Section 45-29-190 Legislative Delegation
Status: in_force

(a) The county governing bodies of Fayette and Lamar Counties shall both pay one hundred twenty-five dollars ($125) per month expense allowance, from their respective county treasuries, to the district house member representing such counties, who shall maintain and account for a separate bank account for the purposes of establishing, maintaining, and operating a district legislative delegation office for such counties.

(b) Such expense allowance may be expended on any and all necessary expenses related to establishing, maintaining, and operating such delegation office.
Ala. Code § 45-10-245.03 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-245.03
Section 45-10-245.03 Rules and Regulations
Status: in_force

The State Department of Revenue is hereby authorized to promulgate and enforce rules and regulations to effectuate the purposes of this part. All such rules and regulations duly promulgated shall have the force and effect of law.
Ala. Code § 45-51-243.08 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-243.08
Section 45-51-243.08 Credit Collections
Status: in_force

Any person who is charged with collecting the rental tax and who makes cash or credit leases or rentals, may report such cash leases or rentals when made, and shall thereafter include in each monthly report all credit collections made during the month preceding, and shall remit the tax due thereon at the time of filing the report, but in no event shall the tax be owed by the lessor or vendor until collections of the credit leases or rentals have been made.
Ala. Code § 45-2A-61.04 — Alabama Code / Title 45 / Chapter 2A / Section 45-2A-61.04
Section 45-2A-61.04 Interconnection of Cable Lines
Status: in_force

The utilities board furnishing television cable service pursuant to this part shall have the right to require any person furnishing television cable service to the public within its jurisdiction to interconnect the television cable, lines, facilities, or systems furnishing such service with, or otherwise make available such cables, lines, facilities, or systems to the utilities board’s television cable, lines, facilities, or system in order to provide a continuous line of communication for the utilities board’s subscribers. In the event such person and the utilities board shall be unable to agree upon the terms and conditions of such interconnection, including compensation therefor, the Alabama Public Service Commission, upon the request of the utilities board, shall establish such terms and conditions which shall be reasonable and nondiscriminatory.
Ala. Code § 45-37A-56.33 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-56.33
Section 45-37A-56.33 Bonds of the Authority
Status: in_force

The authority shall have the power and is hereby authorized at any time and from time to time to issue and sell its interest bearing revenue bonds for any of its corporate purposes. The principal of and the interest on all such bonds shall be payable solely from, and may be secured by a pledge of, the revenues derived by the authority from the operation of any or all of its parking facilities and other property, or by mortgage of any property of the authority. None of the bonds issued or contracts entered into by the authority shall ever constitute or create an obligation or debt of the state, or of any county, city, or town within the state, or a charge against the credit or taxing powers of the state, or of any county, city, or town within the state. Bonds of the authority may be issued at any time and from time to time, may be in such form and denominations, may be of such tenor, may be payable in such installments and at such time or times not exceeding 40 years from their date, may be payable at such place or places whether within or without the state, and may bear interest at such rate or rates payable and evidenced in such manner, all as shall not be inconsistent with this subpart and as may be provided in the proceedings of the board wherein the bonds shall be authorized to be issued. Any bond having a stated maturity more than 10 years after its date shall be made subject to the redemption at the option of the authority not later than the expiration of 10 years from its date and on any interest payment date thereafter at such price or prices and after such notice or notices and on such terms and in such manner as may be provided in the proceedings of the board wherein it is authorized to be issued. Bonds of the authority may be sold at public or private sale in such manner and from time to time as may be determined by the board. The authority may pay all reasonable expenses, premiums, fees, and commissions as the board may deem necessary or advantageous in connection with the authorization, sale, and issuance of its bonds. All bonds shall contain a recital that they are issued pursuant to this subpart, which recital shall be conclusive that they have been duly authorized pursuant to this subpart. Neither a public hearing nor consent of the State Department of Finance shall be prerequisite to the issuance of bonds by any authority. Notwithstanding the fact that they are payable solely from a specified source, all bonds issued under this subpart shall be deemed negotiable instruments within the meaning of the negotiable instruments law of the state if they otherwise possess all the characteristics of negotiable instruments under the laws of the state.
Ala. Code § 45-44-150.19 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-150.19
Section 45-44-150.19 Charity Days
Status: in_force

(a) Upon request of recognized charities, the racing commission may extend the limitations of time for greyhound racing not to exceed three days at any one time beyond the period otherwise provided by law so that any such track shall conduct a charity day or days of racing for any one or more recognized charities in Alabama which has a tax exempt status as provided for under the Internal Revenue Code. The total of all profits derived from the operation of such racing on such charity days, including all monies which would otherwise be received by the racing commission as taxes for such day’s operations, shall be and become a part of the charity trust fund for which such racing on such days is conducted. The charity trust fund shall be administered as directed by the racing commission.

(b) In determining profits derived from such racing on such charity days, which profits shall include all taxes payable to the county or any agency thereof for such day’s operations, the tracks shall only be entitled to deduct from the profits, accruing from all receipts on such charity days of racing, their actual operating costs, which costs shall be those expenses incurred by the race track solely by reasons of holding the charity days of racing and shall not be deemed to include such expenses constant from day to day and which would have been incurred had the race on that day not been held, including, but not limited to, such items as capital expenditures, interest on debts, real estate taxes, and annual license fees, donations, bad debts, and such other items of daily or prorated expense as the racing commission may by rule prescribe.
Ala. Code § 45-49-70 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-70
Section 45-49-70 Salary
Status: in_force

(a) The members of the Mobile County Commission, the governing body of Mobile County, shall each receive an annual salary of fifty-seven thousand dollars ($57,000). Such compensation shall become effective at the beginning of the next term of the county commission or other like governing body. In addition thereto, all expense allowance payable to such members of the Mobile County Commission existing on August 8, 1991, shall from that date until the expiration of the current terms of office continue to be payable as an expense allowance; however, upon the new terms of office, the payments shall be deemed to constitute salary compensation for all purposes and the same shall continue to be paid thereafter as salary compensation. The salary shall be paid in equal monthly installments from any funds in the county treasury available for that purpose, as provided by law.

(b) This section shall not become effective unless a resolution is adopted at an open public meeting by the Mobile County Commission which authorizes and ratifies this section.
Ala. Code § 45-27A-31.01 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.01
Section 45-27A-31.01 Definitions
Status: in_force

The following words and phrases used in this part, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication herein otherwise, be given the following respective interpretations herein:

(1) APPLICANT. A natural person who files a written application with the governing body of the city in accordance with the provisions of Section 45-27A-31.03.

(2) AUTHORITY. The Brewton Development Authority, a public corporation organized pursuant to this part.

(3) AUTHORIZING RESOLUTION. A resolution adopted by the governing body of the city in accordance with Section 45-27A-31.03, that authorizes the incorporation of the authority.

(4) BOARD. The board of directors of the authority.

(5) BONDS. Includes bonds, notes, and certificates representing an obligation to pay money.

(6) CITY. The City of Brewton, Alabama.

(7) DIRECTOR. A member of the board of the authority.

(8) GOVERNING BODY. With respect to the city, its city council, board of commissioners, or other like governing body.

(9) INCORPORATORS. The persons forming a public corporation organized pursuant to this part.

(10) PERSON. Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality.

(11) PRINCIPAL OFFICE. The place at which the certificate of incorporation and amendments thereto, the bylaws, and the minutes of the proceedings of the board of the authority are kept.

(12) PROJECT. Interests in land, buildings, structures, facilities, or other improvements and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the city. A project may be for any industrial, commercial, business, office, parking, utility, residential, including without limitation homes, apartments, townhouses, condominiums, hotels, and motels, or other use, provided that a majority of the members of the authority determine, by a resolution duly adopted, that the project and such use thereof would further the public purpose of this part.

(13) STATE. The State of Alabama.
Ala. Code § 45-37-123.108 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.108
Section 45-37-123.108 Direct Rollovers
Status: in_force

Except as otherwise specifically provided in this section, this section shall be effective as of January 1, 1993.

(1) ROLLOVERS GENERALLY.

a. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee’s election under this section, a distributee, at the time and in the manner prescribed by the pension board, may elect to have any portion of an eligible rollover distribution that is equal to at least two hundred dollars ($200) paid directly to an eligible retirement plan specified by the distributee in a direct rollover.

b. For purposes of this subdivision, the following definitions shall apply:

1.(i) An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: Any distribution that is one of a series of substantially equal periodic payments, not less frequently than annually, made for the life, or life expectancy, of the distributee or the joint lives, or joint life expectancies, of the distributee and the distributee’s designated beneficiary, or for a specified period of 10 years or more; any distribution to the extent the distribution is required under 26 U.S.C. § 401(a)(9); the portion of any other distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities; any hardship distribution; and any other distribution that is reasonably expected to total less than two hundred dollars ($200) during a year.

(ii) Notwithstanding the above, with respect to distributions made after December 31, 2001, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includible in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in 26 U.S.C. § 408(a) or (b), or to a qualified trust described in 26 U.S.C. § 401(a) , or annuity contract described in 26 U.S.C. § 403(a), that agrees to separately account for amounts so transferred, including separately accounting for the portion of the distribution which is includible in gross income and the portion of the distribution which is not so includible.

2. With respect to distributions made after December 31, 2001, an eligible retirement plan is an individual retirement account described in 26 U.S.C. § 408(a), an individual retirement annuity described in 26 U.S.C. § 408(b), other than an endowment contract, a qualified trust described in 26 U.S.C. § 401(a), which is exempt from tax under 26 U.S.C. § 501(a), that accepts the distributee’s eligible rollover distribution, an annuity plan described in 26 U.S.C. § 403(a), n eligible deferred compensation plan described in 26 U.S.C. § 457(b), which is maintained by an eligible employer described in 26 U.S.C. § 457(e)(1)(A), and an annuity contract described in 26 U.S.C. § 403(b), which accepts the distributee’s eligible rollover distribution.

3. A distributee includes an employee or former employee. In addition, the employee’s or former employee’s surviving spouse and the employee’s or former employee’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in 26 U.S.C. § 414(p), are distributees with regard to the interest of the spouse or former spouse.

4. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee.

(2) DIRECT ROLLOVERS BY NON-SPOUSE DESIGNATED BENEFICIARIES.

a. Notwithstanding the direct rollover provisions in subdivision (1), for distributions after December 31, 2009, in accordance with 26 U.S.C. § 402(c)(11), a non-spouse beneficiary who is a designated beneficiary, as defined in 26 U.S.C. § 401(a)(9)(E), and the regulations thereunder, by means of a direct trustee-to-trustee transfer, may roll over all or any portion of an eligible rollover distribution, as defined in 26 U.S.C. § 401(a)(31), to an individual retirement plan the designated beneficiary establishes for purposes of receiving the distribution. If a non-spouse designated beneficiary receives a distribution from the plan, the distribution is not eligible for a 60-day, non-direct rollover.

b. If the member’s named designated beneficiary is a trust, the plan may make a direct trustee-to-trustee transfer to an individual retirement plan on behalf of the trust, provided the trust satisfies the requirements to be a designated beneficiary within the meaning of 26 U.S.C. § 401(a)(9)(E).

c. A non-spouse designated beneficiary may not roll over an amount that is a required minimum distribution, as determined under applicable regulations and other Internal Revenue Service guidance. If the member dies before the member’s required beginning date and the non-spouse designated beneficiary rolls over to an individual retirement plan the maximum amount eligible for rollover, the non-spouse designated beneficiary may elect to use either the five-year rule or the life expectancy rule, pursuant to Treasury Regulation § 1.401(a)(9)-3, A-4(c), in determining the required minimum distributions from the individual retirement plan that receives the non-spouse designated beneficiary’s distribution.

(3) ROLLOVER TO ROTH IRA. For distributions made after December 31, 2007, in accordance with 26 U.S.C. § 408A, a member may elect to roll over directly an eligible rollover distribution to a Roth IRA, as defined in 26 U.S.C. § 408A(b).
Ala. Code § 45-28A-41.28 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-41.28
Section 45-28A-41.28 Audit of Records
Status: reserved

An annual audit of the financial records of the city school system and of the board of education shall be conducted by a reputable certified public accountant or auditing firm as selected by the board. The audit results shall be made a matter of public record. All monies of the school system shall be accounted for whether reserved for capital outlay or held for any other purpose.
Ala. Code § 45-37-80.03 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-80.03
Section 45-37-80.03 Referees and Standing Masters
Status: in_force

All full-time court referees and full-time standing masters in Jefferson County shall receive a county supplemental salary equal to 50 percent of any county supplemental salary payable to their respective appointing judges. The county supplemental salary shall be payable in equal monthly installments from the county general fund.
Ala. Code § 45-52-82.05 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-82.05
Section 45-52-82.05 Solicitor’s Fee; Disposition of Funds
Status: in_force

(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Morgan County, a docket fee, herein-after referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly to the Solicitor’s Fund in the county or to the fund that may be hereafter prescribed by law for the solicitor’s fee. The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund. Three dollars ($3) of each fee when collected may be retained by the clerk of the court as an administrative fee to be used to pay for the operation of the clerk’s office.

(b) The solicitor’s fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor’s fee shall be in addition to and not in lieu of any other fees or costs. The solicitor’s fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonably foreseeable future.

(c) The solicitor’s fee may be expended by the district attorney for the payment of any and all expenses incurred for any legitimate law enforcement purpose.
Ala. Code § 45-2-232.04 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-232.04
Section 45-2-232.04 Prior Actions Ratified
Status: in_force

Any actions relating to the operation of a jail store and a telephone system in the county jail prior to May 21, 1996, are ratified and confirmed. Any existing proceeds derived from the operation of a jail store and a telephone system in the county jail prior to May 21, 1996, shall be deposited into the Law Enforcement Fund created by this part.
Ala. Code § 45-34-240.40 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-240.40
Section 45-34-240.40 Salaries
Status: in_force

(a) The County Commission of Henry County is authorized to pay out of the general fund of the county the salaries of clerks for the tax collector and clerks for the tax assessor. Such clerks shall be appointed by the tax collector and tax assessor, respectively. The tax assessor, with the approval of the Henry County Commission, shall fix his or her clerks’ salaries and the tax collector, with the approval of the Henry County Commission, shall fix his or her clerks’ salaries; however, the total amount to be paid to the clerks in each office shall be fixed at not more than twelve thousand dollars ($12,000) per annum, total, and shall be paid as requested by the tax assessor and tax collector, with the approval of the Henry County Commission, to such clerks.

(b) The salaries, as above determined, shall be paid on a pro rata basis out of the monies collected each tax year into the general fund of the county, and thereafter paid from the fund to the clerks in equal installments. The pro rata share of the clerks’ salaries to be paid by each fund or agency receiving ad valorem taxes, shall be determined by computing the percentage of the total collections for which each fund or agency bears to the total collections of ad valorem taxes. The pro rata share of salaries each fund or agency shall pay during the first year after implementation of this section shall be based upon the collections made during the tax year next preceding October 1, 1983.
Ala. Code § 45-30A-50.06 — Alabama Code / Title 45 / Chapter 30A / Section 45-30A-50.06
Section 45-30A-50.06 Amendment and Repeal
Status: reserved

Any rule, determination, regulation, or plan may be amended or repealed in whole or in part in the same manner as is provided herein for the making of such rules, determinations, regulations, or plans.
Ala. Code § 45-44-84.47 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-84.47
Section 45-44-84.47 Special Recording Fee - Real Property, Personal Property, and Ucc Instruments
Status: in_force

Effective immediately after July 1, 1997, a special recording and filing fee of five dollars ($5) shall be paid to and collected by the judge of probate, with respect to each real property instrument, each personal property instrument, and each UCC statement that may be filed for record in the office of the judge of probate and with respect to other instruments and documents in the probate office, at the discretion of the judge of probate. On and after July 1, 1997, no instrument or document shall be received for record in the office of the judge of probate unless the special recording fee of five dollars ($5) is paid thereon. The special recording fee shall be in addition to all other fees, taxes, and charges required by law to be paid upon the filing for record of any real property instrument, personal property instrument, or UCC statement, and for the recording of other instruments and documents in the probate office at the discretion of the judge of probate. Any, all, or none of the special recording fee may be charged at the discretion of the judge of probate. All special recording fees so collected shall be paid into a special fund of the judge of probate. These funds shall be used at the discretion of the judge of probate for an improved recording, archiving, and retrieving system, or other equipment, maintenance, and services necessary for the improvement of the office of the judge of probate. The fee may be adjusted from time to time by the county commission.
Ala. Code § 45-4-83 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-83
Section 45-4-83 Establishment of Pretrial Diversion Program; Discretionary Powers; Supervision and Control
Status: in_force

(a) The District Attorney of the Fourth 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 Fourth 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 § 45-1-60.01 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-60.01
Section 45-1-60.01 Benefits and Allowances; Additional Expenses
Status: in_force

(a) In addition to the salary provided by law, the coroner shall be entitled to the same benefits and allowances as are provided by the Autauga County Commission to all other public officials elected in Autauga County.

(b) The county commission shall reimburse the coroner for any additional expenses incurred in the performance of the duties of the coroner with the prior consent and approval of the county commission.

(c) The county commission may provide a vehicle, communications equipment, and office space to the coroner as the commission deems necessary for the efficient operation of the coroner’s office.
Ala. Code § 45-8-210 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-210
Section 45-8-210 Motor Vehicle Wreckers; Rotation System and Request System; Violations
Status: in_force

(a) In Calhoun County, all motor vehicle wreckers shall be placed upon a rotation system to be devised by the Alabama State Department of Public Safety to be used in calling wreckers to the scene of motor vehicle wrecks or where a motor vehicle is disabled. Provided, however, that the provisions of this section shall not be applicable to any municipality which has an ordinance or which enacts an ordinance contrary to the provisions herein.

(b) A request system shall be used in cases where the owner or operator of the motor vehicle expresses a preference for a particular wrecker, but in cases where no preference is expressed or where the owner operator is unconscious or otherwise unable to communicate, the trooper or other law enforcement officer shall call the wrecker at the top of the rotation list.

(c) Wreckers shall not go to the scene of a wreck unsolicited; nor while en route to a wreck, shall they speed or drive recklessly. They shall not jam up the scene of a wreck, nor shall they solicit wreck victims on the scene.

(d) There shall be a time limit set for how long a rotation wrecker may take in getting to the scene of a wreck. Any wrecker company which is consistently tardy in reporting to the wreck scene when summoned shall be removed from the rotation list.

(e) State troopers or other law enforcement officers are forbidden to show any favoritism whatsoever in calling wreckers.

(f) Wreckers on the rotation list must meet the criteria set by the Alabama State Department of Public Safety.

(g) Any person who violates any provision of this section or any rule or regulation of the Alabama State Department of Public Safety promulgated hereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as prescribed by law.
Ala. Code § 45-37A-50.04 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-50.04
Section 45-37A-50.04 Election Procedures
Status: in_force

(a) The Birmingham City Council shall take necessary steps to ensure that this subpart complies with the Federal Voting Rights Act of 1965, as amended.

(b) The election shall be called to coincide with the next mayoral election after final approval of this subpart by the United States Department of Justice.

(c) The initial election and the initial runoff election, if necessary, and all subsequent elections held pursuant to this subpart shall be conducted, the vote canvassed, and the results declared in the same manner as provided for the election of members of the city council, unless otherwise required in this subpart.

(d) The initial elected members of the board of education shall assume office immediately upon the certification of the election results and shall serve initial terms of office which shall expire at the same prescribed time as the expiration of the corresponding terms of office of the then current city council members. Thereafter, all members of the board shall be elected at the same time, in the same manner, assume office on the fourth Tuesday in October after their election, and serve the same term of office as the members of the Birmingham City Council.
Ala. Code § 45-52-220.03 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-220.03
Section 45-52-220.03 Funding
Status: in_force

The Morgan County Archives shall be funded by filing and transaction fees from the departments of government that it serves; by the county commission; by private donations from individuals, corporations, and nonprofit organizations; by grants; and by revenues generated by providing archival and records management services to local government offices not included in the Morgan County budget system. The Morgan County Commission may set filing and transactions fees from departments of government and others for services provided by the Morgan County Archives including, but not limited to, the storing of records, use of records, and copying.
Ala. Code § 45-53-241 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-241
Section 45-53-241 Levy of Tax Authorized
Status: in_force

(a) In Perry County, in addition to any and all other taxes heretofore levied, the county commission is authorized to levy and impose an additional ad valorem tax in the amount of nine mills on each dollar of taxable property. Seventy percent of the tax shall be earmarked to the county general fund to be used for general county purposes; and 30 percent of the tax shall be distributed to the county board of education. The additional ad valorem tax imposed by this section shall be collected at the same time and in the same manner as existing ad valorem taxes are collected.

(b) The nine mill ad valorem tax levied pursuant to subsection (a) shall be collected by the tax collector and distributed as follows:

(1) Thirty percent of the tax shall be directly levied for educational purposes and remitted to the county board of education.

(2) Seventy percent of the tax shall be remitted to the county general fund to be used for general county purposes.
Ala. Code § 45-40A-10.01 — Alabama Code / Title 45 / Chapter 40A / Section 45-40A-10.01
Section 45-40A-10.01 Television Cable System Authorized
Status: in_force

The municipal corporation of the Town of Courtland in Lawrence County may establish, purchase, construct, maintain, and operate a television cable system and furnish television cable service to its residents and residents of surrounding territory.
Ala. Code § 45-2-261.12 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-261.12
Section 45-2-261.12 Powers of the Board of Adjustment
Status: in_force

The board of adjustment shall have all of the following powers:

(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning regulations adopted pursuant to this subpart.

(2) To hear and decide special exceptions to the terms of the zoning regulations adopted pursuant to this subpart.

(3) To authorize upon appeal in specific cases the variance from the terms of the zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning regulations will result in unnecessary hardship and so that the spirit of the ordinance or regulations required shall be observed and substantial justice done. The foregoing provisions shall not authorize the board of adjustment to approve a use not permitted by the zoning regulations.

In exercising its authority, the board may, in conformity with this subpart, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and make the order, requirement, decision, or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the members of a board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or decide in favor of the applicant on any matter upon which it is required to act or to approve a variance from the terms of the zoning regulations adopted pursuant to this subpart.
Ala. Code § 45-36-243.09 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-243.09
Section 45-36-243.09 Penalties
Status: in_force

Any distributor, storer, or dealer who shall violate this part or shall fail to comply with any reasonable rule or regulation promulgated hereunder, may be restrained, and proper prosecution instituted in the name of the county by the Attorney General or by such counsel as the county commission of the county shall direct, from distributing, selling, storing, or withdrawing from storage any gasoline or motor fuel, as herein defined, the sale or withdrawal of which is taxable until such persons shall have complied with this part.
Ala. Code § 45-39-242 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-242
Section 45-39-242 Exemption for Certain Senior Citizen Centers and Community Centers
Status: in_force

In Lauderdale County, all senior citizen centers and community centers which primarily sponsor senior citizens’ activities are hereby exempted from all county and municipal ad valorem taxes.
Ala. Code § 45-2-40.10 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-40.10
Section 45-2-40.10 Use of Establishment for Unlawful Behavior; Termination of License
Status: in_force

(a) It shall be unlawful for the owner, manager, or supervisor of a massage parlor within the county to allow, authorize, or tolerate in his or her establishment any activity or behavior prohibited by the laws of the State of Alabama including such laws proscribing acts of prostitution, sodomy, adultery, fornication, or any lewd or obscene act or performance.

(b) Any final conviction of any owner, manager, or supervisor of any massage parlor of a violation of the foregoing mentioned acts occurring or in connection with the establishment shall automatically terminate the license of the establishment and the county governing body shall so notify the holder thereof, and no new license for the operation of a massage parlor on the same premises thereafter shall be issued by the county governing body for a period of one year.
Ala. Code § 45-51-242.40 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-242.40
Section 45-51-242.40 Ad Valorem Tax Authorized
Status: in_force

(a) Pursuant to subsection (f) of Amendment 373 to the Constitution of Alabama of 1901, the county commission may levy, in addition to any other tax, an ad valorem tax in the amount of 12 mills on each dollar of taxable property in the county. The revenue from the additional tax shall be paid to the county general fund to be used for general education purposes.

(b) The increase in the rate of the tax as provided by this section is subject to the approval of a majority of the qualified electors of the county who vote on the proposed increase at the next general, primary, constitutional, or special election held for that purpose.
Ala. Code § 45-20-71 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71
Section 45-20-71 Court of County Commissioners Abolished
Status: in_force

On June 1, 1945, the Court of County Commissioners in and for Covington County, as provided for in Act No. 20, Local Acts of 1919, Page 8, be and the same is abolished and thereupon shall cease to exist.
Ala. Code § 45-46-90.02 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-90.02
Section 45-46-90.02 Filing of Application; Resolution
Status: in_force

(a) A public corporation may be organized pursuant to this article in Marengo County. In order to incorporate such a public corporation, any number of natural persons, not less than three, shall first file a written application with either the governing body of the county or the governing body of a municipality in the county which application shall:

(1) Contain a statement that the applicants propose to incorporate an authority pursuant to this article.

(2) State the proposed location of the principal office of the authority, which shall be within the county.

(3) State that each of the applicants is a duly qualified elector of the county.

(4) Request that the governing body of the county or of such municipality adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-46-90.03.

(b)(1) Every such application shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application with it in accordance with this section, the governing body of the county or of the municipality with which the application was filed shall review the contents of the application and shall adopt a resolution either:

a. Denying the application; or

b. Declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed in accordance with Section 45-46-90.03 to form the proposed authority.

(2) The governing body with which the application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting at which final action upon the application is taken.
Ala. Code § 45-8A-23.056 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.056
Section 45-8A-23.056 Powers
Status: in_force

All powers of the city, including all powers vested in it by this part by the laws, general and local, of the state, and by Title 11 and the determination of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power to:

(1) Appoint and remove the city manager.

(2) Establish other administrative departments and distribute the work of divisions.

(3) Adopt the budget of the city.

(4) Authorize the issuance of bonds or warrants.

(5) Inquire into the conduct of any office, board, department, or agency of the city and make investigations as to municipal affairs.

(6) Appoint the members of all boards, commissions, or other bodies authorized hereunder or by law.
Ala. Code § 45-44-20.03 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-20.03
Section 45-44-20.03 Sale of Draft or Keg Beer
Status: in_force

In Macon County, the sale of draft or keg beer in sealed containers of 128 ounces or less or in kegs of any size which are sold for off-premises consumption is lawful.
Ala. Code § 45-25-250.01 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-250.01
Section 45-25-250.01 Legislative Intent
Status: in_force

This article is intended to aid the state and county in the execution of its duties by providing an appropriate and independent instrumentality of the state and of the county with full and adequate powers to fulfill its functions. It is the further legislative intent that the DeKalb County Water Authority develop a master plan of operation for the water authority in consultation with all existing water authorities in and adjoining DeKalb County and any county or local governments for the purpose of determining the method by which public water services, garbage disposal, and sewer service can be provided to the citizens of the county or area served by the authority.
Ala. Code § 45-44-260.03 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-260.03
Section 45-44-260.03 Organization; Recordkeeping
Status: in_force

The commission shall elect its chair and create and fill such other offices as it may determine. The term of the chair shall be for one year, with eligibility for reelection. The commission shall normally hold at least one regular meeting each month. It shall adopt bylaws for the transaction of business and shall keep a record of its resolutions and transactions of business, all of which shall be a public record.
Ala. Code § 45-8A-71.06 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-71.06
Section 45-8A-71.06 Civil Service Board - Meetings
Status: reserved

REPEALED BY ACT 2024-228, EFFECTIVE JUNE 1, 2024.
Ala. Code § 45-28-91 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-91
Section 45-28-91 Applicability
Status: in_force

This part shall be applicable only to Etowah County.
Ala. Code § 45-17-92 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-92
Section 45-17-92 Colbert County Tourism and Convention Bureau
Status: in_force

(a) This section shall apply only in Colbert County.

(b) The following words and terms as used in this section, shall have the meanings hereby ascribed to them: “the bureau” means the public corporation for which this section provides; “the board” means the board of directors of the authority for which this section provides.

(c)(1) There is hereby established in the county a public corporation for the purposes herein specified, which corporation shall be vested with the powers conferred upon it by this section. The public corporation is at times hereinafter referred to as “the bureau.”

(2) Subject to the conditions and qualifications hereinafter stated, the name of the corporation shall be the Colbert County Tourism and Convention Bureau.

(d)(1) The bureau shall be authorized and empowered to conduct programs, including but not limited to programs of information and publicity designed to attract conventions and tourism to all of Colbert County. The bureau shall be authorized to conduct such programs in Alabama and elsewhere, and to expend its funds in the furtherance of such programs in Alabama and elsewhere.

(2) The bureau may enter into contracts with any person, firm, corporation, or association to carry out the purposes set forth in this section. No contract entered into by the authority shall bind the state or any county or municipality of the state.

(3) The bureau shall have the power to sue and be sued; to acquire property and rights of interests in property by gift, lease, or purchase; to appoint officers, agents, employees, and attorneys, and to fix their compensation; to have a seal and alter the same at pleasure; to make bylaws for the management and regulation of its affairs; to make contracts, and to execute all instruments necessary or convenient to lease or purchase and own real or personal property to be used for the furtherance of the purposes for the accomplishment of which the authority is created; to accept or receive gifts, bequests, and devises; to borrow money and execute notes and other evidence of indebtedness which may be required by the lender, and pledge anticipated revenue or income to secure payment of any such loan; and to do all things necessary or convenient to carry out the powers expressly given herein.

(4) For the aforesaid purpose the bureau shall be authorized to use and apply the proceeds of any taxes which the Legislature provides which shall be payable to the bureau for the promotion of all Colbert County as a convention center and all such places located in Colbert County, Alabama, which from time to time offer to visitors and tourists something of interest. Specifically, the proceeds of the privilege or license tax levied by Part 2 of Article 24 of this chapter shall be paid by the director of revenue to the Colbert County Tourism and Convention Bureau. All unexpended proceeds of the privilege or license tax previously collected pursuant to that part shall be the property of the Colbert County Tourism and Convention Bureau to be used and applied for the aforesaid purposes.

(e)(1) The affairs of the bureau shall be managed by the board of directors, herein called “the board” which shall consist of seven members first appointed for staggered terms as follows: Three members will serve a term of three years; two members will serve a term of two years; and two members will serve a term of one year.

(2) The seven members shall first be appointed as follows: The governing body of the City of Tuscumbia shall appoint one member to a three-year term and one member to a one-year term; the governing body of the City of Sheffield shall appoint one member to a three-year term and one member to a two-year term; the governing body of the City of Muscle Shoals shall appoint one member to a three-year term and one member to a one-year term; and the governing body of Colbert County shall appoint one member to a two-year term. Thereafter, all members will serve a three-year term or until their successors are appointed and shall serve no more than three consecutive terms until after the lapse of one year. The term of office of approximately one-third of the members shall expire at each annual meeting of the board.

(3) Each of the seven members shall be a resident of Colbert County at the time of his or her appointment. In the event a member ceases to reside in Colbert County during his or her tenure on the board, such member’s appointment shall terminate immediately.

(4) The provisions set forth below shall govern the filling of any vacancy occurring in any one or more of the seven directorships. A directorship shall be deemed to be vacant in the event that any person designated as a director, as provided above, for any reason fails to attend three monthly board meetings in succession. In the event a vacancy in the directorship occurs, such vacancy shall be filled by the city or county authority which first made the appointment.

(5) The members of the board shall serve without compensation, but may be reimbursed for actual expenses incurred in the performance of their duties for the bureau.

(f)(1) The power of the bureau shall be vested in and exercised by the board subject to the provisions of this section.

(2) The board shall be authorized to employ agents, employees, officers, consultants, and attorneys and to secure such services and assistance as the board deems necessary to enable it to conduct and engage in the activities and purposes for which this bureau is created.

(3) The board may delegate to one or more of its members, employees, agents, or officers, such duties as it deems proper.

(4) The board shall elect a chairman and a vice chairman of the board. The vice chairman shall serve as chairman in the event of the chairman’s absence. The board shall also elect a treasurer and a secretary.

(5) The board shall provide by resolution for the dates on which the chairman, vice chairman, treasurer, and secretary shall be elected, which resolution shall specify the term or period for which each of the officers last named shall serve.

(6) The treasurer shall act as custodian of all funds from whatever sources derived received by such officer.

(7) The treasurer of the bureau shall execute a fidelity bond with a company authorized to write such bonds in the State of Alabama being surety thereon, which bond shall be in an amount approved by the board.

(8) Contracts of the bureau shall be executed in the name of the bureau by the chairman of the board and attested by the secretary of the bureau.
Ala. Code § 45-22-80 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-80
Section 45-22-80 Compensation of Clerk and Register
Status: in_force

(a) The person holding the office of clerk and register of the circuit court in Cullman County shall receive an annual supplemental salary, paid from the county treasury. The salary supplement shall be fixed at an amount equal to the supplemental salary upon which the Democratic Party based its assessment of filing fees for candidates for the office of Circuit Clerk and Register of Cullman County in the 1982 primary election.

(b) All salary supplements and expense allowances paid from the Cullman County Treasury to the person holding the office of Clerk and Register of the Cullman County Circuit Court during the period beginning on January 16, 1977, and ending on September 30, 1984, are ratified, confirmed, and approved by this section.

(c) The salary supplement authorized by subsection (a) shall be made retroactive to the fiscal year beginning on October 1, 1984.
Ala. Code § 45-37-81.02 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-81.02
Section 45-37-81.02 District and Circuit Courts - Birmingham Division Law Library Fund
Status: in_force

(a) This section shall be operative only in Jefferson County.

(b) Notwithstanding any special, local, or general law to the contrary, there is levied on all cases filed in circuit and district court in the Birmingham Division of the Tenth Judicial Circuit an additional court cost of three dollars ($3) which shall be in addition to the fees presently in effect. When collected by the clerk of the court, the fees shall be remitted by the clerk to the Birmingham Division Law Library Fund.
Ala. Code § 45-9-84.21 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-84.21
Section 45-9-84.21 Additional Recording Fee
Status: in_force

(a) Pursuant to the authority granted by Amendment 380 of the Constitution of Alabama of 1901 and subsection (d) of Section 12-19-90, in Chambers County, an additional recording fee of ten dollars ($10) shall be paid to the county and collected by the judge of probate. No court document shall be received for record in the office of the judge of probate unless the additional recording fee is paid. The additional recording fee shall not apply to real property or uniform commercial code documents. The recording fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the filing for record of any instrument in the probate office. All recording fees so collected shall be deposited by the judge of probate in any bank in Chambers County and expended at the discretion of the judge of probate for general operation of the probate office.

(b) The fees collected under this section shall be controlled at the sole discretion of the judge of probate and shall be audited by the State Department of Examiners of Public Accounts.
Ala. Code § 45-20A-50.08 — Alabama Code / Title 45 / Chapter 20A / Section 45-20A-50.08
Section 45-20A-50.08 Board of Education - Unexcused Absence of Members
Status: in_force

Any member of the board of education who fails to attend more than two regularly scheduled monthly board meetings without an authorized excused absence as recognized by the board through written policy shall receive a written request from the city superintendent of education to attend the meetings. If the board member persists in his or her unexcused absence for two additional regularly scheduled monthly board meetings, then the position shall be declared vacant by the chair of the board, subject to review and approval by the city council.
Ala. Code § 45-41-72.04 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-72.04
Section 45-41-72.04 Contents of Notice
Status: in_force

The notice provided for in Section 45-41-72.03 shall state that, at a time and place therein specified, not less than 20 days from the first date of publication, the Lee County Commission shall meet to hear and determine any objections or defense that may be filed to the assessments, or the amounts thereof.
Ala. Code § 45-28-234.18 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-234.18
Section 45-28-234.18 Use of Discretionary Funds
Status: in_force

This part shall in no way impair or affect the sheriff’s exclusive authority over the use and disposition of discretionary funds available for the use of the Office of Sheriff of Etowah County.
Ala. Code § 45-8A-22.63 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.63
Section 45-8A-22.63 Secretary-Treasurer
Status: reserved

Repealed by Act 2012-484, §1, effective May 16, 2012.
Ala. Code § 45-35A-51 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-51
Section 45-35A-51 Short Title
Status: in_force

This part is hereby designated the Civil Service Act of Dothan.
Ala. Code § 45-37-243.40 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-243.40
Section 45-37-243.40 Levy of Tax; Payment; Violations
Status: in_force

(a) This section shall only apply to Jefferson County.

(b) As used in this section, state sales tax means the tax imposed by the state sales and use tax statutes, including, but not limited to, Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4.

(c)(1) Notwithstanding any provision of law and pursuant to Section 104 of the Constitution of Alabama of 1901, there is imposed, in addition to all other taxes, including, but not limited to, municipal gross receipts license taxes, a three percent sales tax on alcoholic beverages sold from restaurants that are licensed by the Alcoholic Beverage Control Board. Provided, however, the tax imposed by this section shall not apply to the sale of table wine.

(2) The proceeds of all sales that are presently exempt under the state sales and use tax statutes are exempt from the tax authorized by this section.

(d) All amounts collected within Jefferson County pursuant to this section shall be allocated to the Birmingham-Jefferson Civic Center Authority, established by Sections 45-37-90 to 45-37-90.07, inclusive, and shall be used for the support of the operation of the authority, including, but not limited to, capital expansion, renovation, and maintenance.

(e) The taxes levied by this section, except as otherwise provided, shall be due and payable to the director of revenue or any other county officer or employee charged with the duty of collecting county licenses or privilege taxes, on or before the last day of each month next succeeding the month in which the tax accrues. On or before the last day of each month after the ratification date of the taxes, every person upon whom the tax is levied by this section shall render to the director on a form prescribed by him or her, 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 director may demand and require. When making the monthly report the taxpayer shall compute and pay to the director the amount of taxes shown to be due; provided, however, 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. In the event the taxpayer so defers reporting and paying any 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 the report. Every person engaged or continuing in any business subject to the taxes levied by this section shall keep and preserve suitable records of the gross proceeds of the business and such other books or accounts as may be necessary to determine the amount of tax for which he or she is liable. The records shall be kept and preserved for a period of five years and shall be open for examination at any time by the director or by any duly authorized agent, deputy, or employees of the director. 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 at the rate of one-half of one percent per month or fraction thereof from the date on which the tax became due and payable, to be assessed and collected as a part of the tax. The director may waive or remit the penalty or any portion thereof.

(f) The failure of any person to pay any tax levied by this section within the time specified for the payment of the same by this section shall constitute a misdemeanor. The violation of any of the provisions of this section by any person shall constitute a misdemeanor. Any person violating any provisions of this section shall upon conviction be punished by a fine of not more than five hundred dollars ($500) and may also be sentenced not to exceed six months, or both, unless a different punishment is prescribed herein.

(g) Before the 20th day of each calendar month, the director shall pay all of the sales tax levied by this section received by him or her during the next preceding calendar month, to the Birmingham-Jefferson Civic Center Authority.

(h) None of the provisions of this section shall be applied in such manner as to violate the Commerce Clause of the United State Constitution. Should any provision of this section be held invalid, the invalidity thereof shall not alter the remaining provisions of this section.

(i) The tax imposed by this section shall become operative on September 1, 2003
Ala. Code § 45-12-233 — Alabama Code / Title 45 / Chapter 12 / Section 45-12-233
Section 45-12-233 Minimum Qualifications; Continuing Education
Status: in_force

(a) On or after June 5, 2019, a person qualifying for election to the office of Sheriff of Choctaw County or any person appointed to serve as sheriff shall meet all of the following minimum qualifications, in addition to any other qualifications required by law:

(1) The person is a citizen of the United States.

(2) The person has been a resident of the county for at least one year immediately prior to the qualification date.

(3) The person has the qualifications of an elector pursuant to state and federal law and the person has been registered to vote in the county at least one year immediately prior to qualifying.

(4) The person has been awarded a high school diploma or a GED equivalent.

(5) The person is 25 years of age or older prior to qualifying.

(6) The person has three or more years of full-time prior service as a law enforcement officer having the power of arrest, which service is certified by the Alabama Peace Officers’ Standards and Training Commission, and the person has not been retired or separated from full-time active law enforcement certified through the Alabama Peace Officers’ Standards and Training Commission for more than two consecutive years from the date of qualifying, or if the person has been retired or separated from active law enforcement for more than two consecutive years, the person has obtained a re-certification of full-time active law enforcement status as a law enforcement officer from the Alabama Peace Officers’ Standards and Training Commission prior to the date of qualifying.

(7) The person has never been convicted of a felony criminal offense in this state or convicted of a criminal offense in another jurisdiction where a conviction of the offense would be considered a felony offense in this state.

(b) Upon election, the sheriff of the county shall attend annually a minimum of 12 hours of executive level continuing education approved by the Alabama Sheriffs Association, National Sheriffs’ Association, or any other recognized executive level continuing education program designed for law enforcement. Certification of annual continuing education shall be filed with the judge of probate of the county by December 31 of each year.
Ala. Code § 45-22-243.94 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-243.94
Section 45-22-243.94 Sales Tax to Be Added to Sales Price or Admission Fee
Status: in_force

Each person engaging or continuing within the county in a business subject to the tax levied in Section 45-22-243.91 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 on account of the taxes. It shall be unlawful for any person subject to the tax levied in Section 45-22-243.91 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 herein required to be so added to the sales or admission price and collected from the purchaser, and it shall likewise be unlawful for any person subject to the tax to refund or offer to refund all or any part of the amount so collected or to absorb or advertise directly or indirectly the absorption or refund of the tax or any portion thereof. )
Ala. Code § 45-52-161.07 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-161.07
Section 45-52-161.07 Payment to Participating Local Governments
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2025-442, EFFECTIVE OCTOBER 1, 2025.
Ala. Code § 45-49-181.07 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-181.07
Section 45-49-181.07 Requirements of Property Owners
Status: in_force

The petitioners shall not submit any road or portion of road for consideration in this program that does not connect directly to an existing county, municipal, or state maintained road. Individual property owners shall be required to bear the expense of the purchase of driveway culvert pipe as required to provide adequate drainage and serve the property owner for access to the property. Individual property owners shall be required to execute any right-of-way deed or easement documents as an obligation under this part at no expense to the county. Property owners, individually or jointly, shall be required to bear the cost of any utility relocations necessary to accommodate the roadway improvements and associated drainage improvements. Property owners, individually or jointly, shall be responsible for the relocation of existing fences or private encroachments out of the proposed 60-foot mini-mum width right-of-way at no cost to the county. Individual property owners shall cooperate fully with the chair selected in the petition and coordinate any and all matters concerning the road with and through that designated individual.
Ala. Code § 45-41A-10.03 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.03
Section 45-41A-10.03 Application; Authorization of Incorporation
Status: in_force

(a) The authority may be organized pursuant to this part. In order to incorporate such a public corporation, any number of natural persons not less than three, who are duly qualified electors of the city, shall first file a written application with the governing body of the city, which application shall:

(1) Contain a statement that the applicants propose to incorporate the authority pursuant to this part.

(2) State the proposed location of the principal office of the authority, which shall be within the corporate limits of the city.

(3) State that each of the applicants is a duly qualified elector of the city.

(4) Request that the governing body of the city adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-41A-10.04.(b) Every such application shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application with it in accordance with this section, the governing body of the city shall review the contents of the application, and shall adopt a resolution either denying the application or declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-41A-10.04. The governing body with which the application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting of such governing body at which final action upon the application is taken.
Ala. Code § 45-24-243.03 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-243.03
Section 45-24-243.03 Monthly Report
Status: in_force

The tax levied by this part may be collected by the State Department of Revenue, or a private firm under contract with the county commission, at the same time and in the same manner as state sales and use taxes are collected. On or prior to the date the tax is due, each person subject to the tax shall file with the collection agency a report in the form prescribed by the collection agency. The report shall set forth, with respect to all sales and business transactions that are required to be used as a measure of the tax levied, a correct statement of the gross proceeds of all the sales and gross receipts of all business transactions. The report shall also include items of information pertinent to the tax as the collection agency may require. Any person subject to the tax levied by this part may defer reporting credit sales until after their collection, and in the event the person defers reporting them, the person shall thereafter include in each monthly report all credit collections made during the preceding month, and shall pay the tax due at the time of filing the report. All reports filed with the collection agency under this section shall be available for inspection by the county commission or its designee.
Ala. Code § 45-31-180 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-180
Section 45-31-180 Damage Bond
Status: in_force

(a) A one thousand dollar ($1,000) damage bond with sufficient sureties as approved by the judge of probate shall be posted with the Geneva County Commission before any house or building is moved on any Geneva County public road by the owner of the house or building or the house mover.

(b) Any person violating this section shall upon conviction be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
Ala. Code § 45-36-232.20 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-232.20
Section 45-36-232.20 Work Release for Gainful Employment Conducive to Rehabilitation
Status: in_force

Any person who has been committed to the county jail or to any city jail in Jackson County under a criminal sentence may be released therefrom at the discretion of the sentencing court, either on its own motion or upon the motion of the defendant, at the time of sentence or at any time during the term of sentence, for the purpose of obtaining and working at gainful employment or for such other purposes as the court may deem conducive to his or her rehabilitation, for such time or intervals of time and under such terms and conditions as the court may order. Any part of a day spent outside of jail under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the sentencing court. The court may then require that the balance of the person’s sentence be spent in actual confinement and may cancel any earned reduction of his or her term.
Ala. Code § 45-22-231.01 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-231.01
Section 45-22-231.01 Fundraising
Status: in_force

(a) In Cullman County, the sheriff may conduct fund raising events, including, but not limited to, rodeos, and may use the proceeds and profits from the events for any lawful purpose relating to the operation of the office of sheriff.

(b) The provisions of this section are remedial and curative and any actions taken by the sheriff in conformance with subsection (a) are ratified and confirmed.
Ala. Code § 45-41A-10.13 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.13
Section 45-41A-10.13 Exemption from Taxation
Status: in_force

The authority formed under this part the property and income of the authority (whether used by it or leased to others), all bonds issued by the authority, the income from such bonds or from any other sources, the interest and other profits from such bonds enuring to and received by the holders thereof, conveyances by and to the authority shall be exempt from all taxation in the state. The authority shall not be obligated to pay any fees, taxes, or costs to the Judge of Probate of Lee County in connection with its incorporation or with any amendment to its certificate of incorporation or otherwise or to any judge of probate of any county in connection with the recording by it of any document or otherwise, the authority being hereby exempted from the payment of any such fees, taxes, and costs. No license or excise tax may be imposed by any authority with respect to the privilege of engaging in any of the activities authorized by this part, provided, however, that nothing contained in this section shall be construed to exempt the property of the authority from any ad valorem taxes levied by the State of Alabama or exempt the authority from sales and use taxes levied by the state but this proviso shall only apply to such taxes levied by the state and shall not apply to such taxes levied by any county, municipality, or other political subdivision.
Ala. Code § 45-53-20 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-20
Section 45-53-20 Sale of Draft or Keg Beer or Malt Beverages
Status: in_force

The Alabama Alcoholic Beverage Control Board may license licensed clubs and other retail alcoholic beverage licensees within Perry County to sell or dispense draft or keg beer or malt beverages, or both, for on-premises or off-premises consumption, or both, any other law to the contrary notwithstanding. Licensed clubs and retail licensees granted such a license may sell or dispense draft or keg beer or malt beverages, or both, pursuant to the requirements of the license and applicable law and regulations of the board.
Ala. Code § 45-2-80.87 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-80.87
Section 45-2-80.87 Costs Taxed in Civil and Criminal Cases in County Courts to Fund Salaries of Court Employees, Etc
Status: in_force

(a) In addition to any court costs and fees now or hereafter authorized in Baldwin County, excluding all municipal courts, additional court costs in an amount not to exceed fifteen dollars ($15) shall be assessed and taxed as costs on each civil case and on each criminal case, including traffic cases and small claims cases, filed in the circuit court and district court, including the juvenile court, in Baldwin County. The fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

(b) The additional fees, when collected by the clerks or their collection officers of the courts, shall be paid into the Baldwin County Law Library and Judicial Administration Fund to be used to fund the salaries of court employees for the continued operation of the courts in the county and for other lawful purposes of this fund.

(c) The court costs imposed by this section may be adjusted within the amount authorized by this section or may be eliminated by order of the presiding circuit court judge if the presiding circuit court judge finds that the court costs may be adjusted or eliminated based on funding from the state.

(d) It is the intent of the Legislature that the presiding circuit court judge may increase or decrease the court costs authorized by this section as deemed necessary not to exceed fifteen dollars ($15) per case.
Ala. Code § 45-41-141.05 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-141.05
Section 45-41-141.05 Incorporation of New Municipality
Status: in_force

(a) In the event that any territory then within the boundaries of one or more districts is (as the result of the incorporation of a municipality subsequent to the establishment of such district or districts or subsequent to the then most recent alteration, if any, of the boundaries of any such district or districts, as the case may be) included within the corporate limits of such municipality, then, from and after the date that is 90 days after the date of the first election of the members of the governing body of such municipality, but in all events subject to Section 45-41-141.07,

(1) Such territory shall be excluded from such district or districts, and

(2) Any financial charge theretofore authorized hereunder to be levied and collected within such territory shall not be authorized to be so levied and collected,

(b) And the commission, as promptly as practicable thereafter shall take such action as shall be necessary to alter the boundaries of such district or districts so as to exclude such territory therefrom and to ratify and confirm the exclusion of such territory from such district or districts [including, without limitation, the filing of a description or appropriate map or maps in accordance with subsection (d) of Section 45-41-141.02]. However, if, not later than 90 days after the date of election referred to above, the governing body of such municipality duly adopts a resolution describing such territory (or such portion or portions thereof as the governing body may in its discretion determine) and approving the continued inclusion of such territory (or such portion or portions thereof) within such district or districts, such territory (or such portion or portions thereof) so described in such resolution shall continue to be included in such district or districts, all as if such incorporation had not occurred; it being understood, however, that the commission may at any time thereafter alter the boundaries of such district or districts or exclude such territory therefrom, in accordance with Section 45-41-141.04. The governing body of such municipality shall cause a certified copy of such resolution to be delivered, promptly after the adoption thereof, to the commission. In the event that such territory is so excluded from such district or districts as a result of the failure of such governing body to adopt such a resolution within the period of time described above, such territory may nevertheless thereafter be included in a district or districts upon compliance with the applicable provisions of subsection (a) of Section 45-41-141.02 (including authorization by the governing body of the affected municipality).
Ala. Code § 45-2A-136 — Alabama Code / Title 45 / Chapter 2A / Section 45-2A-136
Section 45-2A-136 Warrant Recall Fee
Status: in_force

(a) Notwithstanding any law to the contrary, a municipal magistrate of the Town of Silverhill may assess a defendant with a warrant recall fee that shall be paid in order for a municipal judge or magistrate to recall a failure to appear warrant arising from any municipal ordinance violation against the Town of Silverhill.

(b) The warrant recall fee shall be one hundred dollars ($100) and is to be paid by the defendant at the time the warrant is recalled.

(c) Nothing herein shall be construed to require the Town of Silverhill to recall a warrant that has been issued. All orders to recall a warrant shall be issued solely in the discretion of the municipal judge or magistrate.

(d) All fees received by the Town of Silverhill Municipal Court for the warrant recall fee shall be deposited into the Town of Silverhill Corrections Fund and allocated in conformity with subsection (a) of Section 11-47-7.1.
Ala. Code § 45-32-70 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-70
Section 45-32-70 Mileage Rate
Status: in_force

(a) The Greene County Commission is hereby authorized to establish by resolution the mileage rate in which the commission shall reimburse employees for travel incurred in performing their official duties.

(b) The mileage rate established by the commission shall not exceed the current rate paid by the federal government for mileage reimbursement.

(c) All payments made to persons employed by the Greene County Commission for mileage in excess of the amount specified in Acts 1973, No. 117, 1973 Regular Session (Acts 1973, p. 151), are hereby ratified, validated, and confirmed.
Ala. Code § 45-23-81.43 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-81.43
Section 45-23-81.43 Law Library Fund Established
Status: in_force

Upon the establishment of the Dale County Law Library under this subpart, Dale County shall have and maintain a separate fund known as the Dale County Law Library Fund and may have a separate law library fund for each law library in the county. The Dale County Law Library Funds shall consist of funds appropriated by the state, county or municipal governments, funds collected under provisions of law, proceeds from the sale of copies, books, and other materials, or received from donations, gifts, grants, and funds other than those appropriated and shall be audited as county funds are audited. This fund may be used to pay library personnel. All purchases by or on behalf of such library shall be exempt from all State of Alabama, county, or municipal sales, use, or other similar taxes.
Ala. Code § 45-49-249.57 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-249.57
Section 45-49-249.57 Duplicate Invoices for Imported Tobacco Products
Status: in_force

Any retail dealer or semijobber of tobacco products enumerated and defined in this subpart purchasing or receiving the commodities from without the state, whether the same shall have been ordered or purchased through a wholesaler or jobber in this state, or by drop shipment or otherwise, which the state, county, city, and local tax has not already been paid at wholesale, shall within three days of receipt of such tobacco products, provide electronically, a true duplicate invoice of all such purchases or receipts to the Mobile County Tobacco Tax Collector, the invoice carrying the name of the person or firm from whom or through whom such purchases or shipments of the tobacco products so received, showing kinds and quantities. Any retail dealer or semijobber failing or refusing to furnish duplicate invoices, in both the manner and time allowed, may be subject to a county-imposed penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), to be multiplied by the sum of the current violation plus prior violations of this section. Tobacco products imported by retail dealers and semijobbers in which a true and duplicate invoice has not been received by the county are considered contraband and subject to confiscation as provided for by law.
Ala. Code § 45-37-90.06 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-90.06
Section 45-37-90.06 Civic Center Authority - Revenue Bonds
Status: in_force

(a) Subject to the conditions, qualifications, and restrictions set forth in subsection (e), the authority shall have the power to borrow money and to issue revenue bonds as evidence of money so borrowed, which bonds shall be payable solely from taxes made payable to the authority by any act of the Legislature heretofore or hereafter adopted and from the revenues of the authority derived from the activities, operations, and enterprises in which the authority is hereby authorized to engage. As security for any money so borrowed, together with interest thereon, and any obligations incurred or assumed, the authority, in its discretion, may mortgage, pledge, or otherwise transfer and convey its real, personal, and mixed property, or any part or parts thereof, whether then owned or thereafter acquired, including any franchises then owned or thereafter acquired, and all or any part of the taxes payable to the authority under any act of the Legislature heretofore or hereafter adopted, and all or any part of revenues desired from the activities, operation, and enterprises in which the authority is hereby authorized to engage. In the resolution authorizing such revenue bonds or the mortgage given to secure the payment thereof, the authority, in addition to its other powers, shall have the power to agree with the several holders of such bonds and to make, enter into, and perform covenants and agreements as to any of the following:

(1) The custody, security, use, expenditure, or application of the proceeds of the bonds.

(2) The conduct, management, and maintenance of the properties held by the authority or of the activities, operations, and enterprises then or thereafter conducted by the authority.

(3) Insurance of the properties of the authority.

(4) Restrictions on the exercise of the powers of the authority to dispose, or to limit or regulate the use, of all or any part of the properties of the authority.

(5) The payment of the principal of or interest on the bonds, the rank or priority of any such bonds as to any lien or security, or the acceleration of the maturities of any such bonds.

(6) The use and disposition of any moneys of the authority, including taxes payable to the authority under any act of the Legislature heretofore or hereafter adopted and revenues derived or to be derived from the activities, operations, and enterprises of all or any part of the properties of the authority, including any part or parts theretofore constructed or acquired and any parts, extensions, replacements, or improvements thereof thereafter constructed or acquired.

(7) Pledging, setting aside, depositing, or trusteeing all or any part of the revenues or other moneys of the authority to secure the payment of the principal of or interest on the bonds, or the payment of expenses of operation or maintenance of the properties of the authority.

(8) The setting aside of the taxes payable to the authority under any act of the Legislature heretofore or hereafter adopted and/or use of the revenues or the moneys of the authority or reserves and sinking funds, and the source, custody, security, regulation, application, and disposition thereof.

(9) The assumption or payment or discharge of any indebtedness, liens, or other claims relating to any part of the properties of the authority or any obligations constituting, or which may constitute, a lien on such properties or any part thereof.

(10) Limitations on the issuance of additional bonds, notes, or other evidences of indebtedness or upon the incurrence of indebtedness of the authority.

(11) Payment of costs or expenses incident to the enforcement of the bonds or of the provisions of such resolution or mortgage, of any covenant or agreement with the holders of the bonds.

(12) The procedure, if any, by which the terms of any covenant or agreement with, or duty to, the holders of the bonds may be amended or abrogated, the amount of bonds, the holders of which shall consent thereto, and the manner in which such consent may be given or evidenced.

(13) The terms and conditions upon which the holders of the bonds, or any proportion of them, or any trustees therefor, shall be entitled to the appointment of a receiver by any court of competent jurisdiction, which receiver may enter and take possession of the properties of the authority and operate and maintain the same and prescribe rates, rents, fees, or charges, and collect, receive, and apply all revenue arising from the operation of such properties in the same manner as the authority itself might do.

(14) Any other matter or course of conduct which, by recital in such resolution or mortgage is declared to further secure the payment of the

principal of or interest on the bonds.

(b) All such provisions of the resolution or mortgage and of such covenants and agreements, shall constitute valid and legally binding contracts between the authority and the several holders of the bonds, regardless of the time of issuance of such bonds, and shall be enforceable by any such holder or holders by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent jurisdiction. The circuit court of Alabama, or any court of competent jurisdiction, shall have authority to appoint a receiver for the properties of the authority, upon the terms and conditions specified in the resolution authorizing the issuance of the bonds or in any mortgage securing the payment of the principal and interest thereof. Any mortgage given as security for the payment of the bonds may contain such agreements as the authority shall deem advisable respecting the rights and duties of the parties to such instrument or for the benefit of whom such instrument is made, including the right to foreclose or to take possession without foreclosure. Revenue bonds issued under the authority of this section may be in such form and tenor, may bear such rate or rates of interest, and have such maturities and redemption privileges as the authority shall determine.

(c) Such bonds so issued may thereafter, from time to time, be refunded by the issuance or sale or exchange of refunding bonds at such times and in such forms and of such tenor, maturities or rate or rates of interest as may be agreed upon by the authority and the holders of the bonds so refunded if such refunding is by exchange, and as may be determined by the authority if such refunding is by sale of refunding bonds. The authority may restrict the source of payment of such bonds and the security given therefor to whatever extent the authority shall deem advisable, but no such bonds shall purport to be effective to impose on the authority or its funds or property, any liability in excess of or inconsistent with the liability authorized to be incurred or assumed by this part, or any liability inconsistent with or prohibited by any provision of the Constitution of Alabama of 1901. Such borrowing may be effected by sale of such bonds at public sale in such manner and from time to time as may be determined by the authority to be most advantageous, and the authority may pay all expenses, premiums, and commissions which the authority may deem necessary and advantageous in connection with any such financing. All such bonds shall be regarded as negotiable instruments. All such bonds and interest payable thereon and all instruments executed as security therefor shall be exempt from all taxation under the laws of the State of Alabama. Neither the county nor any municipality of the county shall in any event be liable for any money so borrowed; and no indebtedness of the authority shall ever be held to be an indebtedness of the county or of any municipality of the county. The bonds provided for herein shall be issued in the name of the authority and shall be executed in such name by the chair of the board of directors, attested by the secretary of the board, and thereupon shall be impressed or printed the corporate seal. Coupons attached to the bonds may be executed solely by impressing or printing thereon the facsimile signature of the chair.

(d) The impressing or printing of a facsimile seal of the authority shall be sufficient; but no seal on the coupons shall be required.

(e) The power vested in the authority to pledge taxes required by this part to be paid to the authority or to pledge revenue of the authority shall not be construed as undertaking or purporting to empower the authority to pledge any tax or any revenue if such pledge is prohibited by any provision of the Constitution of Alabama of 1901. It is expressly provided, however, that the authority shall have the power to pledge any tax paid to the authority or revenue of the authority, the pledge of which is authorized by the Constitution of Alabama of 1901.
Ala. Code § 45-36-83.43 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-83.43
Section 45-36-83.43 Applicability of State Laws
Status: in_force

All laws of Alabama with respect to the recording of real property instruments, personal property instruments, and other instruments and records that may constitute part of an improved indexing system installed hereunder including, but without limitation to, Section 12-13-43, and all statutes respecting the filing and recording of notices or statements of liens of any kind, notices of lis pendens, declarations of claims or exceptions, certificates of judgment, or plats of maps showing subdivisions of real estate that are not inconsistent with the provisions of this subpart shall continue in effect with respect to an improved indexing system installed hereunder, the recording of instruments therein, and the duties of the judge of probate with respect thereto.
Ala. Code § 45-2-120.04 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-120.04
Section 45-2-120.04 Hearing Required for Separation from County Employment
Status: in_force

All classified county employees who have successfully completed a probationary period with the county shall not be separated from county employment without the minimum of a hearing with the employees’ department head and the personnel director if requested by the employee.
Ala. Code § 45-50-84.43 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-84.43
Section 45-50-84.43 Official Record of Instruments
Status: in_force

Following the effective installation date, real property instruments, person-al property instruments, and other documents and records to be recorded, archived, and retrieved with computer-generated files or to be stored and filed on either optical disk or on paper, as determined by the judge of probate, shall constitute the official record of instruments for the purpose of Section 12-13-43.
Ala. Code § 45-20-71.26 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.26
Section 45-20-71.26 State or National Association Dues
Status: in_force

The board shall have power and authority, as a group or as individual members, to affiliate with any state or national organization fostering the improvement of county government and its physical properties, and it shall be the duty of board to pay the dues of such board or the individuals thereof as members of such organizations. Such dues shall be paid out of such fund or funds as the board may lawfully determine.
Ala. Code § 45-35A-56.01 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-56.01
Section 45-35A-56.01 Established; Discretionary Powers; Supervision and Control
Status: in_force

(a) The City of Dothan, Alabama, may establish a pretrial diversion program.

(b) All discretionary powers endowed by common law and provided by statutes and acts of this state or powers or discretion otherwise provided by law for the City of Dothan shall be retained.

(c) The pretrial diversion program shall be under the direct supervision and control of the city and the city may contract with any agency, person, or corporation for services related to this part. The city may employ necessary persons to accomplish this part and those persons shall serve at the pleasure of the city.
Ala. Code § 45-20-130.08 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-130.08
Section 45-20-130.08 Expenditure of Funds
Status: in_force

The authority of the county engineer shall be limited to the expenditure of funds appropriated by the county commission. The county commission shall fix and determine the amount of funds which will be available for the purpose of inspecting, building, maintaining, and constructing public roads, bridges, and ferries of Covington County for the ensuing fiscal year, beginning on October 1. That amount shall not be exceeded, except that the county commission, from time to time, within any period, may amend the amount allowed to be expended by the county engineer during the period, provided that the authorization does not conflict with other provisions of law.
Ala. Code § 45-53-245.05 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-245.05
Section 45-53-245.05 Application 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 tax, making of reports and keeping and preserving records with respect thereto, penalties for failure to pay the tax, the adoption of rules and regulations with respect to the state sales tax, 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 45-53-245.01 shall apply to the county tax levied under this subpart. The Commissioner 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 subpart that are imposed on the commissioner and department, respectively, by the state tax statutes. All provisions of the state sales and use tax statutes that are made applicable by this subpart to the county tax levied under this subpart and to the administration and enforcement of this subpart are hereby incorporated herein by reference and made a part hereof as if fully set forth herein.
Ala. Code § 45-44-101 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-101
Section 45-44-101 Election; Qualifications; Vacancies; Compensation
Status: in_force

(a) That at the next general election and every four years thereafter, there shall be elected a County Superintendent of Education for Macon County by the qualified voters of the county, who shall hold office for a term of four years from the first day in July and until a successor is elected and qualified.

(b) Candidates for office of county superintendent of education shall be nominated and elected as candidates for other county offices of Macon County are nominated and elected under the general laws of this state regulating primary and general elections.

(c) The county superintendent of education shall be a qualified elector of the county and possess all the other qualifications required under the general laws of this state for county superintendents of education, and he or she shall perform and discharge all the duties of county superintendent of education, required under the general laws of this state. If there be a vacancy in the office from any cause whatever, the county board of education is authorized to fill the vacancy as is provided by the general law of the state and the appointee shall hold office until the next general election.

(d)(1) The county superintendent of education shall devote his or her entire time to the public schools of Macon County.

(2) All laws to the contrary notwithstanding, the Macon County Board of Education is authorized, from time to time, to fix, regulate, and alter the salary of the Macon County Superintendent of Education pursuant to Section 16-9-12. The Macon County Board of Education shall increase or set expense allowances and any other compensation or supplement for the Macon County Superintendent of Education as provided by law.

(e) All general laws of the state relating to the office of county superintendent of education shall apply to the office of County Superintendent of Education of Macon County, except such parts of laws as are in conflict with this section.
Ala. Code § 45-30-241.04 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-241.04
Section 45-30-241.04 Reports to the Commission
Status: in_force

Within 30 days after the effective date of the levy of the tax authorized by this part, every distributor, storer, or retail dealer engaged in the sale or withdrawal of gasoline or motor fuel in Franklin County shall make a report on blanks furnished under Section 45-30-241.02 to the Franklin County Commission, showing the place and post office address at which he or she is engaged in the business of distributor or storer or retail dealer in gasoline or motor fuel within Franklin County, which information shall be entered by the Franklin County Commission on a book kept for that purpose. Should such distributor, storer, or retail dealer move his or her place of business from one business address to another such distributor, storer, or retail dealer shall within 30 days thereafter notify the Franklin County Commission of such removal giving the former place and post office address and also the place and post office address to which his or her place of business has been moved. After the tax imposed under this part has become effective, no person shall become a distributor, storer, or seller of gasoline or motor fuel in Franklin County until he or she shall have made such reports to the Franklin County Commission.
Ala. Code § 45-39-92.44 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-92.44
Section 45-39-92.44 Report of Business Location and Postal Address; Change of Address
Status: in_force

Within 30 days after any tax shall have been levied under authority of this subpart, every distributor, storer, or retail dealer engaged in the sale or withdrawal of gasoline or motor fuel in Lauderdale County shall make a report on blanks furnished under Section 45-39-92.42 to the Lauderdale County Commission, showing the place and post office address at which he or she is engaged in the business of distributor or storer or retail dealer in gasoline or motor fuel within Lauderdale County, which information shall be entered by the Lauderdale County Commission on a book kept for that purpose, and should such distributor, storer, or retail dealer move his or her place of business from one business address to another such distributor, storer, or retail dealer shall within 30 days thereafter notify the Lauderdale County Commission of such removal giving the former place and post office address and also the place and post office address to which his or her place of business has been removed. After the tax imposed under this subpart has become effective, no person shall become a distributor, storer, or seller of gasoline or motor fuel in Lauderdale County until he or she shall have made such reports to the Lauderdale County Commission.
Ala. Code § 45-21-171.01 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-171.01
Section 45-21-171.01
Status: in_force

(a) For the purposes of this section, the following terms have the following meanings:

(1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Crenshaw County which is authorized by the sheriff to exercise the authority described in this section.

(2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal law enforcement officer certified by the Alabama Peace Officers’ Standards and Training Commission.

(b)(1) Concurrently with Article 1 of Chapter 52 of Title 22, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the law enforcement officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself, herself, or others.

(2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital or other treatment facility providing care and treatment to those with mental illnesses for an evaluation and treatment.

b. If the individual does not consent to the transport, the law enforcement officer may use reasonable force to carry out the transport.

c. The individual shall be released from the hospital or designated treatment facility within 72 hours, exclusive of Saturday, Sunday, or any legal holiday, unless a judge of probate orders further inpatient or outpatient treatment for the individual as provided in Article 1 of Chapter 52 of Title 22.

d. Upon a determination by an attending physician, nurse practitioner, or physician assistant at a hospital licensed in this state that an individual transported to the hospital pursuant to this section is not mentally ill or a danger to himself, herself, or others, the hospital shall promptly communicate this information to the appropriate law enforcement officer. The law enforcement officer shall coordinate the immediate release of the individual from the hospital and shall release the individual from protective custody unless the law enforcement officer has some legal cause for detaining the individual other than the individual’s mental condition. After the individual is released, and upon request of the individual, the law enforcement officer shall transport the individual to his or her residence or other place of abode if it is within the county.

(c) Protective custody by a law enforcement officer under this section shall not be considered an arrest for any purpose, and no entry or other record may be made to indicate that an individual subject to temporary protective custody by a law enforcement officer under this section has been detained or charged with any crime.

(d)(1) It is the policy of this state to encourage a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility to act in the best interest of the state by detaining individuals who are mentally ill and a danger to themselves or others for evaluation and treatment. The state finds that these actions are necessary to protect the individuals and the public. These entities and individuals are acting in the name of the state and are acting as state agents, when acting pursuant to this section, in making determinations, detaining, releasing, admitting, discharging, or otherwise taking action under this section. When acting pursuant to this section, a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility shall be afforded immunity under Section 36-1-12, as any other state employee or agent of the state.

(2) Nothing in this section shall modify, amend, repeal, or supersede any provision of Section 6-5-333; the Alabama Medical Liability Act of 1987, Article 29, commencing with Section 6-5-540 of Title 6; or the Alabama Medical Liability Act of 1996, Article 29, consisting of Sections 6-5-548, 6-5-549, and 6-5-549.1; or any amendment to any of these laws or any judicial interpretation of these laws.
Ala. Code § 45-49-85.60 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-85.60
Section 45-49-85.60 General and Equity Jurisdiction of Probate Courts; Powers and Authority of Judges of Probate; Procedures in Administration of Estates
Status: in_force

(a) That the probate courts in all counties of this state which now have or may hereafter have a population of over 300,000 and less than 500,000, according to the last or any subsequent federal census, shall have general and equity jurisdiction concurrent with that of the circuit courts of this state, in the administration of the estates of deceased persons, minors, the developmentally disabled, insane, incapacitated, protected or incompetent persons, or the like, and testamentary trust estates. The jurisdiction granted by this section shall be conferred without the necessity of the same being invoked in any estate proceeding and may be exercised at the discretion of the court.

(b)(1) That the judges of the probate courts shall have the same powers and authority which judges of the circuit courts of this state have in connection with the administration of estates in the circuit courts, including, but not limited to, the authority to (i) grant private sales of property, (ii) determine title and/or ownership of assets, real, personal, or mixed, (iii) authorize, order, and direct paternity testing where there is a question concerning a parent-child relationship, and (iv) determine heirship.

(2) That the chief clerks of the probate courts, appointed pursuant to statute, shall have the same powers and authority and may do all acts and things and perform all other duties ministerial and judicial, where there is no contest, that the probate judges may do and perform under this section.

(c) That all laws of pleading and practice, and evidence, and rules of court, including the Alabama Rules of Civil Procedure, and all laws relating to testamentary trusts and testamentary trustees, and all laws relating to the mode of obtaining evidence by oral examination or by depositions, and of compelling the attendance of witnesses, and of enforcing orders, decrees, and judgments, including money judgments, now applicable in the circuit courts shall apply to the administration of such estates in the probate courts, in so far as the same can be made appropriate.

(d) That in the administration of estates, the probate courts may proceed according to the rules and practice of the circuit courts of this state, without regard to the statutory requirements provided for the administration of such estates in the probate courts of this state, but nothing herein is intended to prohibit such probate courts from proceeding in accordance with the statutes relating to the administration of such estates in the probate courts of this state generally.

(e) That appeals from the orders, judgments, and decrees of such probate courts, relating to the administration of such estates, including decrees on partial settlements, lie to the supreme court within the time period prescribed in the Alabama Rules of Appellate Procedure from the entry of the order, judgment, or decree. Such appeals shall be made in accordance with the appellate rules.

(f) The probate judges of such courts shall perform all the duties now required by law of the judges of the circuit courts of this state, in reference to the administration of such estates and shall be entitled to assess and collect the costs of court, charges, fees, and commissions as are authorized by law to be assessed and collected.

(g) The jurisdiction conferred by this section on the probate courts, probate judges, and chief clerks of such counties is intended to be cumulative only, and it is not intended hereby to in any manner limit or restrict the jurisdiction of the circuit courts or the probate courts of such counties. Nothing herein shall be construed as prohibiting the removal of any such estates from the probate court in such counties to the circuit court as is provided by law.

(h) It is the primary intention of this section to expedite and facilitate the administration of such estates in counties of over 300,000 and less than 500,000 population and should any part or parts of this section be declared unconstitutional it is not intended that it shall affect the remainder of this section.

(i) The probate judges of such courts shall collect from the person or persons liable by law for the payment thereof, all costs of court, charges, fees, and commissions chargeable for the services so performed under this section and pay the same into the treasury of his or her county, provided however that the courts may require prepayment of anticipated costs, or a reasonable deposit for same, in any such estate proceeding.
Ala. Code § 45-14-90.04 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-90.04
Section 45-14-90.04 Emerald Triangle Commission - Promulgation of Regulations; Publication
Status: reserved

Repealed by Act 2009-388, p. 712, §1, effective May 5, 2009.
Ala. Code § 45-26A-70.07 — Alabama Code / Title 45 / Chapter 26A / Section 45-26A-70.07
Section 45-26A-70.07 Notice of Designation
Status: in_force

Upon the designation of any historic property or historic district by Wetumpka pursuant to an ordinance enacted pursuant to this article, the historic preservation commission shall give notice in writing of that designation to all agencies of Wetumpka and to all owners of property included in the historic designation.
Ala. Code § 45-55-240.01 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-240.01
Section 45-55-240.01 Compensation and Benefits
Status: in_force

The salaries and fringe benefits of the Revenue Commissioner of Pike County and employees of the office of the revenue commissioner shall be financed on a pro rata share basis from the net proceeds of state, county, and municipal ad valorem taxes collected in the county. All proceeds from the distribution shall be used to offset salaries and benefits in the revenue commissioner’s office as approved by the Pike County Commission.
Ala. Code § 45-5-241.20 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-241.20
Section 45-5-241.20 Additional Ad Valorem Tax; Water Authority Created; Referendum
Status: in_force

(a) Pursuant to subsection (f) of Amendment No. 373 to the Constitution of Alabama of 1901, the Blount County Commission may levy, in addition to any other tax, an ad valorem tax in the amount of two mills on each dollar of taxable property in the county. The revenue from the additional tax shall be paid to the Blount County Water Authority Trust Fund, which shall be a separate fund within the county general fund and shall be used only for the expansion of existing facilities and service of water authorities in the county. There is created the Blount County Water Authority which shall administer the fund. The authority shall be composed of one member from each town council if the town council operates the water department, one member from each water authority, one member for each water board in existence on May 15, 1992, and one member appointed by the county commission. All appointees to the authority shall serve at the pleasure of their appointing authorities. All appointments shall be made within 30 days of May 15, 1992. The Blount County Water Authority shall issue rules and regulations for the implementation and administration of this section within 60 days of May 15, 1992.

(b) The increase in the rate of the tax provided by this section is subject to the approval of a majority of the qualified electors of the county who vote on the proposed increase at the next general, primary, constitutional, or special election held for that purpose.
Ala. Code § 45-35-232 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-232
Section 45-35-232 Operation; Concession Fund
Status: in_force

(a) The Sheriff of Houston County may operate a jail concession. The sheriff, sheriff’s deputies, or agents or employees of the sheriff, or any combination of these persons, may sell soft drinks, cigarettes, personal items, and other concession items to county prisoners and state prisoners in county custody. The sheriff shall be responsible for the operation of the concession.

(b)(1) The sheriff shall establish and maintain a concession fund in a bank licensed to do business in the state. All monies collected under this section shall be deposited by the sheriff into the concession fund.

(2) The sheriff shall keep an account of all concession sales and transactions of the concession fund for annual audit by the Department of Examiners of Public Accounts. The concession account and 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) All profits realized in the operation of the concession shall be expended at the discretion of the sheriff for law enforcement purposes in Houston County.

(d) The establishment of the concession fund and the use of the proceeds shall not diminish or take the place of any other source of income established for the sheriff or the operation of the office.
Ala. Code § 45-14-130.12 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-130.12
Section 45-14-130.12 Voter Approval for Structure of County Road System
Status: reserved

(a) The Clay County Commission shall call a referendum to be held at the next special or general election to determine whether or not the qualified voters of the county wish for the county road system to remain under the present district or beat line system or be constructed and maintained hereafter under a county unit system.

(b) If a vote at such election is in favor of the county remaining under the present system, then the county road system shall continue to be operated under the provisions of all laws now governing the Clay County road system. If the vote at such election is in favor of the county road system being operated under the county unit system, then the county commission shall arrange for an orderly transition into such system within a three-month period after the election and the provisions of any laws to the contrary are hereby repealed and superseded.

(c) The county commission shall notify the Secretary of State of the results of the election and the Secretary of State shall cause results of the election to be reflected in the acts books in the appropriate manner.
Ala. Code § 45-29-82.63 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-82.63
Section 45-29-82.63 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 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.