Ala. Code § 45-15-243 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-243
Section 45-15-243 Levy of Tax
Status: in_force

(a) There is hereby levied on every person, firm, or corporation that sells, stores, delivers, uses, or otherwise consumes tobacco or tobacco products in Cleburne County, a county privilege, license, or excise tax in the following amounts:

(1) Fifteen cents ($.15) for each package of cigarettes made of tobacco or any substitute therefor.

(2) Fifteen cents ($.15) for each package of cigars made of tobacco or any substitute therefor, including the cigarette-sized or near cigarette-sized cigars, but excluding single wrapped cigars.

(3) Fifteen cents ($.15) for each sack, can, package, or other container of smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco which are prepared in such manner suitable for smoking in a pipe or cigarette.

(4) Fifteen cents ($.15) for each sack, plug, package, or other container of chewing tobacco, which tobacco is prepared in such manner suitable for chewing only and not suitable for smoking as described in subdivision (3).

(5) Fifteen cents ($.15) for each can, bottle, glass, tumbler, package, or other container of snuff made of tobacco or any substitute therefor.

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

(7) Two cents ($.02) on each single wrapped cigar made of tobacco or any substitute therefor.

(b) The privilege, license, or excise tax shall be in addition to all other taxes imposed by law and shall be collected in the same manner as other taxes on tobacco, except that when the license tax required by this part has been paid by a wholesaler or seller of the products, that payment shall be sufficient. The legislative intent is that the tax shall be paid only once on each package of cigarettes, chewing tobacco, snuff, cigars of every description, and smoking tobacco of every description, and for each package of tobacco paper, whether gummed or ungummed.
Ala. Code § 45-49A-65.04 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-65.04
Section 45-49A-65.04 Registration of Youths
Status: in_force

Each association enumerated in Section 45-49A-65 shall register youths under 19 years of age who reside inside the corporate limits of the City of Mobile and who are participants in the sports programs of the association. Registration shall consist of listing the name, address, and birthdate of the registrant. Any association found guilty of falsifying the registration of any participant, for each violation, shall automatically forfeit fifty dollars ($50) of revenue to which it is entitled.
Ala. Code § 45-3-140.02 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-140.02
Section 45-3-140.02 Purpose
Status: in_force

The purposes and use of funds generated by this article are to enable all participating volunteer fire departments in Barbour County to lower their ISO ratings and to provide fire protection services to the citizens of the county. All volunteer fire departments are required to attain and maintain an ISO rating of “9/10” or below within two years of the approval of this article.
Ala. Code § 45-8A-20.16 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-20.16
Section 45-8A-20.16 Exemption from Competitive Bid Laws
Status: in_force

The authority and all contracts made by it shall be exempt from the laws of the State of Alabama requiring competitive bids for any contract to be entered into by municipalities or public corporations authorized by them, including, but without limitation to, the provisions of Article 3 of Chapter 16 of Title 41.
Ala. Code § 45-20-71.31 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.31
Section 45-20-71.31 Purchasing Agent or Agents
Status: in_force

The board may create the office of purchase agent (or agents), fix the salary therefor, and prescribe the fund out of which the same shall be paid in whole or in part, and shall appoint such person or persons as they may deem proper to serve in such capacity. Such purchasing agent may be the clerk, the president, or any associate member of the board, or one or more of them. Such agent or agents, in the performance of his or their duties, shall be governed by such rules and regulations as the board may prescribe, and shall have only such authority and powers as the board may designate, and which may be revoked at any time or at the pleasure of the board, minutes of which shall be duly entered, and thereupon shall become binding. The president or board members shall not be entitled to extra compensation for such services, but the board shall fix compensation for such agent who is not the president or associate member of the board.
Ala. Code § 45-51A-33.132 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.132
Section 45-51A-33.132 Work Plan and Allotments
Status: in_force

After the current expense budgets have been adopted and before the beginning of the fiscal year the head of each department, office, and agency, shall submit to the mayor in such form as he or she shall prescribe a work program which shall show the requested allotments of the appropriations for such department, office, or agency for the entire fiscal year by monthly or quarterly periods as the mayor may direct. Before the beginning of the fiscal year the mayor shall approve, with such amendments as he or shall deter-mine, the allotments for each department, office, or agency, and shall file the same with the director of finance who shall not authorize any expenditure to be made from any appropriation except on the basis of approved allotments, provided that such allotments shall be in conformity with the salaries established by ordinance, the provisions of any merit or civil service system applicable to the city, the laws of the State of Alabama, and any municipal ordinances of the city, relating to obligatory expenditures for any purpose. The aggregate of such allotments shall not exceed the total appropriation available to each department, office, or agency for the fiscal year. An approved allotment may be revised during the fiscal year in the same manner as the original allotment was made. If at any time during the fiscal year the mayor shall ascertain that the revenue cash receipts of the general fund or any public utility for the year plus any cash surplus available from the preceding year, will be less than the total appropriations to be met from such receipts and cash surplus, he or she shall reconsider the work programs and allotments of the departments, offices, and agencies, and, subject to the laws of the State of Alabama and any municipal ordinances of the city relating to obligatory expenditures for any purpose, revise the allotments, however, that there shall be no reduction in salaries except by order of the council, or as authorized by law.
Ala. Code § 45-37A-331.37 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-331.37
Section 45-37A-331.37 Appellate Procedures
Status: in_force

(a) The circuit court hearing an appeal shall use the procedures that apply to criminal convictions in municipal court with the following qualifications:

(1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard.

(2) If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the municipal court, and in the event the circuit court finds the person appealing not to be responsible, no municipal court costs shall be owed to the city.

(3) Regardless of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from municipal court.

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

(5) The city shall be responsible for providing an attorney to represent the city and to prosecute the civil proceedings in the circuit court.
Ala. Code § 45-25-242.10 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-242.10
Section 45-25-242.10 Quarterly Reports of Gasoline Shipments
Status: in_force

Each agent or any railroad company, bus, or truck operator or other transportation company or agency operating in DeKalb County shall report to the governing body of the county on the first day of January, April, July, and October of each year all shipments of gasoline as defined in this subpart or substitutes therefor handled by him or her or through the station or office at which he or she is the agent, and delivered to any person in DeKalb County, Alabama, during the preceding three months, giving the names and address of the consignor or consignee shipping and receiving the gasoline or substitute therefor and the number of gallons or pounds contained in each and every shipment.
Ala. Code § 45-57A-63.121 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.121
Section 45-57A-63.121 Director of Finance; Qualifications
Status: in_force

The director of finance shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control.
Ala. Code § 45-35-120.18 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-120.18
Section 45-35-120.18 Appeal
Status: in_force

Decisions of the board may be enforced by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority, or the Houston County Commission may, within 21 days after the decision of the board is rendered, appeal to the court from any decision of the board affirming, imposing, or refusing to affirm or impose dismissal or demotion as disciplinary action by filing notice of such appeal with the court and causing a copy of such notice to be served on the appointing authority and any member of the board. Upon the filing of such notice, the board shall file with the court a certified record of the proceeding had before it with respect to the appeal, and its decision in the matter. The appeal shall be heard at the earliest possible date by the court sitting without a jury on the issues made before the board and the trial in the court shall be de novo. No bond shall be required for such an appeal and the cost of such appeal shall be taxed against the unsuccessful party or as the judge may direct. At the conclusion of such hearing the court may affirm, reverse, or modify the board’s decision, or remand the case for further proceedings before the board as the court in its discretion shall deem best. If the order of the court is that the employee shall be reinstated with pay, such pay shall be the amount earned by the employee during the period next preceding the taking of the disciplinary action in question. An appeal may be taken from any judgment of the court to the court of appeals or supreme court as provided by law.
Ala. Code § 45-37A-243.01 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-243.01
Section 45-37A-243.01 Regulation of Sale and Consumption of Alcoholic Beverages on Sunday
Status: in_force

(a) In addition to any other authority for the sale of alcoholic beverages on Sunday, the City Council of the City of Hoover may authorize the sale of alcoholic beverages for on-premises consumption in the corporate limits of the city on Sunday commencing at 10:00 a.m.

(b) This section is supplemental and shall not be construed to repeal any other law except to the extent of any direct conflict with this section.
Ala. Code § 45-49-41.07 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-41.07
Section 45-49-41.07 Irreparable Injury; Temporary Injunction
Status: in_force

In any action brought against a grantor under this part, any violation of this part by the grantor may be deemed by a court of competent jurisdiction to be an irreparable injury to the dealer in determining if temporary injunctions should issue.
Ala. Code § 45-39-230.03 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-230.03
Section 45-39-230.03 Meetings
Status: in_force

The civil service board of appeals shall meet in organizational session in the county courthouse within 30 days after August 26, 1965, at which time it shall elect a chair from among its members, and shall meet at such other times as the chair shall designate or on call of any four of its members.
Ala. Code § 45-2-221.03 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-221.03
Section 45-2-221.03 Requirements for Historic District Designation
Status: in_force

Applicants shall meet requirements of subdivision (1) and one or more of the other following requirements in order to be considered for historic district designation:

(1) At least 60 percent of the district property owners, which shall also consist of at least 60 percent of the property, shall petition the Baldwin County Commission for a historic district designation.

(2) The buildings or district shall already be on the state and/or national register.

(3) The historic district shall contain buildings or sites of historic importance.

(4) The historic district shall contain buildings or sites with distinctive stylistic aesthetic or locational character which will likely be considered historical in the future.

(5) The historic district shall contain buildings or sites exhibiting particular skilled examples of craftsmanship and design which are or will likely be considered historical in nature.

(6) The historic district may have recommendations for designation by any federal, state, or other recognized survey of historic sites or structures.
Ala. Code § 45-37A-52.168 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.168
Section 45-37A-52.168 Contracts for City Improvements
Status: in_force

Any city improvement costing more than two thousand dollars ($2,000) shall be executed by contract except where such improvement is authorized by the council to be executed directly by a city department in conformity with detailed plans, specifications, and estimates. All such contracts for more than two thousand dollars ($2,000) shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by resolution or ordinance, provided the mayor shall have the power to reject all bids and advertise again. Alterations in any contract may be made when authorized by the council upon the written recommendation of the mayor.
Ala. Code § 45-55-130.09 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-130.09
Section 45-55-130.09 Custodian of Equipment; Storage Facilities
Status: in_force

The county engineer shall be the custodian of all road tools, machinery, supplies, and equipment of the county, and shall be accountable for the same at all times. The county commission shall furnish the necessary storage facilities in which to keep the tools, machinery, supplies, and equipment; and the county engineer shall keep on file in his or her office, at all times, an up-to-date inventory containing a list of all tools, machinery, equipment, and supplies belonging to the county.
Ala. Code § 45-3-140.03 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-140.03
Section 45-3-140.03 Fire Protection Service Fee - Levy; Definitions; Exemption
Status: in_force

(a) There is levied on the owner of each residence or dwelling in Barbour County, a fire protection service fee of thirty dollars ($30) per year and on each commercial business at a specified location, a fire protection service fee of seventy-five dollars ($75) per year.

(b) For purposes of this article, a “residence or dwelling” shall be defined as any building, structure, or other improvement to real property used or expected to be used as a dwelling or residence for one or more human beings, including, but not limited to:

(1) Any building, structure, or improvement assessed, for the purposes of state and county ad valorem taxation, as “Class III” single-family owner-occupied residential property.

(2) Any mobile home or house trailer used or expected to be used as a dwelling or residence for one or more human beings.

(c) Any buildings, structure, or other improvement shall be classified as a “dwelling” for purposes of this article notwithstanding:

(1) That it is wholly or partially vacant or uninhabited at any time during the year for which a fire protection service fee with respect thereto is to be levied.

(2) That it is also used or expected to be used simultaneously for a purpose, whether or not commercial in nature, other than as a dwelling or residence.

(d) For the purposes of this article, a “commercial building” shall be defined as any building, structure, or other improvement to real property used or expected to be used for commercial or business purposes including rental or lease property. A duplex or apartment building or other rental residential property is considered a commercial building if used for rental or lease income. The term “commercial building” shall not apply to any school, church, senior citizen facility, or any building used primarily for volunteer fire services and shall not apply to any building or structure used primarily for agricultural purposes or poultry production by the owner or an employee of an agricultural or poultry business or concern.

(e) The fee shall not be construed as a tax on property. The fee shall be levied for the purposes of funding fire protection services under this article.

(f) Any person age 65 or older exempted from paying property tax in Barbour County in partial or in whole shall also be exempted from paying the fee levied by this article. Any person less than the age of 65 and having an annual adjusted gross income of twelve thousand dollars ($12,000) or less, as shown on the person’s and spouse’s latest United States income tax return, may apply for an exemption annually and shall be exempted from paying the fee levied by this article for the principle residence of the household provided the person seeking to claim the exemption shall present proof of income to the county administrator no later than July 1 of any year in which the exemption is desired. In the event that such person and spouse are not required to file a United States income tax return, then an affidavit indicating that the annual gross income of such person and spouse for the preceding taxable year was twelve thousand dollars ($12,000) or less shall be sufficient proof. The exemption shall apply only so long as the person’s annual gross income shall be twelve thousand dollars ($12,000) or less and shall be requested each year in which the exemption is desired. The fee levied by this article shall be assessed unless application for exemption is submitted to the Barbour County Commission, or its designee, and approved. Any person who knowingly provides false or misleading information in order to obtain an exemption shall lose his or her household exemption and shall be subject to the provisions of this article.
Ala. Code § 45-37A-331.36 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-331.36
Section 45-37A-331.36 Order of Court; Appeal
Status: in_force

(a) Following an adjudicative hearing, the municipal court judge shall issue an order stating the following:

(1) Whether the person charged with the civil violation is liable for the violation and, if so,

(2) The amount of the civil fine assessed against the person, along with the fees and costs of court provided for herein.

(b) The orders issued under this section may be filed in the office of the Judge of Probate of Jefferson County, Alabama, and shall operate as a judicial lien in the same manner and with the same weight and effect as any other civil judgment filed therein.

(c) A person who is found liable after an adjudicative hearing may appeal that finding of civil liability to the Circuit Court of Jefferson County, Alabama, by filing a notice of appeal with the clerk of the municipal court. The notice of appeal must be filed not later than the 14th day after the date on which the municipal court judge entered the finding of civil liability. The filing of a notice of appeal shall stay the enforcement of the civil fine penalty. An appeal shall be determined by the circuit court by trial de novo.
Ala. Code § 45-19A-30 — Alabama Code / Title 45 / Chapter 19A / Section 45-19A-30
Section 45-19A-30 Regulation of Sale of Alcoholic Beverages on Sunday
Status: in_force

(a) The voters of the Town of Kellyton in Coosa County may authorize the sale of alcoholic beverages within the municipality on Sunday by an election pursuant to this section, in the following manner:

The governing body of the Town of Kellyton, by resolution, may call an election for the municipality to determine the sentiment of the voters of the municipality residing within the corporate limits, as to whether or not alcoholic beverages can be legally sold or distributed on Sunday within the municipality.

(b) On the ballot to be used for such election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within this municipality on Sunday after 1:00 P.M.? Yes ___ No ___.”

(c) The election shall be held and the officers appointed to hold the election in the manner provided by law for holding other municipal elections, and the returns thereof tabulated and results certified as provided by law for municipal elections. Any Sunday sales election shall be held as provided in this section as a special election or at any subsequent municipal election following the date of the resolution.

(d) Notice of the election shall be given by the governing body of the municipality by publication or by posting the notice at the town hall apprising the voters of the municipality, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the municipality on Sunday. The cost of the election shall be paid out of the general fund of the municipality.

(e) Only qualified voters of the municipality may vote in the election. If a majority of the voters voting in the municipal election vote “Yes,” alcoholic beverages can be legally sold or dispensed within the corporate limits of the municipality on Sunday by licensees of the Alcoholic Beverage Control Board and the Town of Kellyton serving the general public in accordance with applicable laws and regulations after 1:00 P.M. Except as authorized by law or during such hours, it shall be unlawful for any licensed vendor to sell, dispense, or permit the consumption of alcoholic beverages on Sunday. The municipality may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverage sales.

(f) The provisions of this section are cumulative and supplemental to the present power and authority of the Town of Kellyton and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the Town of Kellyton now permitted under the general laws of the state, or under any local or special act of the Legislature.
Ala. Code § 45-31A-40 — Alabama Code / Title 45 / Chapter 31A / Section 45-31A-40
Section 45-31A-40 Sale of Draft or Keg Beer
Status: in_force

The governing body of the City of Geneva, by ordinance, may authorize the sale of draft or keg beer by retail licensees of the Alcoholic Beverage Control Board in the city. Any resolution or ordinance of the governing body relating to the sale, consumption, and possession of bottled or canned beer shall apply to draft or keg beer.
Ala. Code § 45-28-121.09 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-121.09
Section 45-28-121.09 Abolishing Positions
Status: in_force

Whenever in the judgment of any appointing authority, namely, the sheriff, judge of probate, tax assessor, tax collector, and Etowah County Commission, it becomes necessary in the interest of economy or because the necessity for any position in this appointing authority to no longer exist, he or she may abolish any position in the classified service within his or her appointing authority and lay off the employee holding such position or employment without filing written charges and without the right to a hearing as provided in Section 45-28-121.08.
Ala. Code § 45-2-244.004 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.004
Section 45-2-244.004 Duties of Cigarette Wholesalers, Jobbers, and Retailers
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 the designated stamp. Each wholesaler or jobber who desires to do so may purchase the stamps from the county commission of the county at a 10 percent discount on the entire amount of sale when the purchases are made in quantities of one thousand dollars ($1,000) or more. The discount allowed hereby will be compensation to the wholesale dealer or jobber for the cost of affixing the stamp to the cigarettes and for the keeping of the records required by this subpart. All other persons, except such wholesale dealers, or jobbers, must pay the full face amount for stamps, and no person, wholesaler, jobber, or dealer, shall be entitled to purchase any such number of the stamps as would cause the purchase price to include fraction of a cent. Between the first day and the tenth day of each calendar month, each wholesaler or jobber selling, storing, or delivering cigarettes for retail in this county, shall submit to the county commission on a form provided for the same by the county commission a sworn statement setting forth the amount of sales of cigarettes made in Baldwin 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 located within the county, when such sales are made therein, or designating the sales as “rural” if sold outside of the city limits of the municipalities or towns located within the county.

(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 of 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 county commission 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 county commission, or its agent, or such other person as may be designated under any rule or regulation adopted and promulgated by the County Commission of Baldwin 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 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 county attorney, or any others connected with the administration of this subpart, unless he or she is required to do so by an order of competent court.
Ala. Code § 45-48-234 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-234
Section 45-48-234 Methods of Service
Status: in_force

(a) In the courts of Marshall County subpoenas requiring the attendance of witnesses in any civil, criminal, or other case or proceeding, or before the grand jury, may be served by the sheriff personally or by leaving a copy thereof at the place of residence of the witness or in the discretion of the sheriff, the sheriff may serve the same by placing a copy thereof in the United States mail, enclosing the subpoena in an envelope properly stamped and addressed to the person or witness to be served. Upon service by the sheriff upon any witness or person by any one of the foregoing methods, the sheriff shall immediately mark the process executed in the manner so served. If the subpoena so mailed is not delivered to the addressee but is returned to the sheriff by the United States Post Office department, then the sheriff shall immediately make a diligent effort to serve the subpoena either personally or by leaving a copy thereof at the place of residence of the witness.

(b) Anything to the contrary notwithstanding in subsection (a), any judge of any of the courts of Marshall County having jurisdiction of the proceeding or case, on motion of any party or on the court’s own motion, may order any particular subpoena or the subpoenas in any case or proceeding to be served personally or by leaving a copy thereof at the place of residence of the witness or person or by United States registered or certified mail.
Ala. Code § 45-57A-63.98 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.98
Section 45-57A-63.98 Comparison of Proposed Expenditures with Other Years
Status: in_force

Miscellaneous revenues shall include anticipated revenues from the collection of taxes other than the general property tax; the amount of state aid to be received; the amount by which the city is expected to benefit from taxes collected by the state; the amounts estimated to be received from services and sales, fines and forfeitures, pension or retirement system payments, special assessments, borrowed monies, and any other special or nonrecurring sources. Nothing in this section, however, shall be construed as permitting or requiring the diversion of earmarked, pledged, or dedicated funds to purposes other than those for which they are earmarked, pledged, or dedicated.
Ala. Code § 45-40-142.12 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-142.12
Section 45-40-142.12 Support and Assistance for State Fire Marshal
Status: in_force

Any individual serving as chief of a fire district created pursuant to this part, at the request of the State Fire Marshal, shall provide support and assistance in carrying out the duties imposed by Article 1, Chapter 19, Title 36.
Ala. Code § 45-21A-10.06 — Alabama Code / Title 45 / Chapter 21A / Section 45-21A-10.06
Section 45-21A-10.06 Appellate Procedures
Status: in_force

The circuit court hearing an appeal shall use the procedures that apply to criminal convictions in municipal court with the following qualifications:

(1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard.

(2) If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the municipal court, and in the event the circuit court finds the person appealing not to be responsible, no municipal court costs shall be owed to the city.

(3) Regardless of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from municipal court.

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

(5) The city shall be responsible for providing an attorney to represent the city and to prosecute the civil proceedings in the circuit court.
Ala. Code § 45-14-234.01 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-234.01
Section 45-14-234.01 Fundraising
Status: in_force

(a) In Clay County, the sheriff may conduct fundraising events 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.

(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 § 45-8A-71.05 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-71.05
Section 45-8A-71.05 Civil Service Board - Compensation; Clerical Assistance and Legal Counsel
Status: reserved

REPEALED BY ACT 2024-228, EFFECTIVE JUNE 1, 2024.
Ala. Code § 45-37A-51.304 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.304
Section 45-37A-51.304 Duties of Board of Health
Status: in_force

After July 1, 1945, it shall be the duty of the board of health, as an independent agency and not as a subsidiary board or department of the city, to make or cause to be made and paid into the fund deductions from the salaries of all of its employees who are employee members, and to do so in all respects as is provided by the system for the city to make deductions and pay into the fund from salaries of its employees who are employee members, and it shall be the further duty of the board of health, as such independent agency, to make matching contributions to the fund from its own funds in respect of its employees who are employee members, in all respects as it is made the duty of the city to make matching contributions in respect of its employees who are employee members, and it shall be the further duty of the board of health, as such independent agency, to fully cooperate with the board of managers, the city director of finance, and the custodian in the administration of the system, and, thereinabout, to make available to them all such records and information pertaining to employees of the board of health as they or either of them may request for the purpose of administration of the system.
Ala. Code § 45-48A-11.02 — Alabama Code / Title 45 / Chapter 48A / Section 45-48A-11.02
Section 45-48A-11.02 Total Special Ad Valorem Tax for Public School or Education Purpose
Status: in_force

In addition to any taxes now authorized or that may hereafter be authorized by the constitution and laws of the State of Alabama, there is hereby approved a total special ad valorem tax to be levied and collected annually in the municipality for any public school or education purpose (including without limitation capital improvements for any public school or education purpose, debt payments for any public school or education purpose, or any other public school or education purpose) at the uniform rate of one dollar thirty-five cents ($1.35) on each one hundred dollars ($100) worth of taxable property in the municipality pursuant to Sections 216 and 217(f) to the Constitution of Alabama of 1901, as amended, for a period of 30 years beginning with the levy for the tax year October 1, 2007, to September 30, 2008 (the tax for which year to be due and payable October 1, 2008), and ending with the levy for the tax year October 1, 2036, to September 30, 2037 (the tax for which year to be due and payable October 1, 2037), the levy and collection, if authorized, to operate to increase from seven and one-half (7.5) mills to thirteen and one- half (13.5) mills the tax authorized to be levied and collected pursuant to Section 216 of the Constitution of Alabama of 1901, as amended; provided, that the aforesaid increased rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the municipality, and voted for by a majority of those voting at an election called and held in accordance with applicable law governing such elections.
Ala. Code § 45-37A-52.194 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.194
Section 45-37A-52.194 Continuity of Offices, Departments, or Agencies
Status: in_force

Any office, department, or agency provided for in this part with a name or with powers and duties the same or substantially the same as those of an office, department, or agency heretofore existing, shall be deemed to be a continuation of such office, department, or agency and, until otherwise provided, shall exercise its powers and duties in continuation of their exercise by the office, department, or agency by which the same were heretofore exercised and, until otherwise provided, shall have power to continue any business, proceeding, or other matter within the scope of its regular powers and duties commenced by an office, department, or agency by which such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant, or other document relating to such a formerly existing office, department, or agency, shall, so far as not inconsistent with this part, apply to such office, department, or agency provided for by this part.
Ala. Code § 45-57A-63.39 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.39
Section 45-57A-63.39 City Manager Removal
Status: in_force

The council shall appoint the city manager for an indefinite term, but the council may remove him or her at any time by a majority vote of the whole qualified membership of the council.
Ala. Code § 45-37A-100.07 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-100.07
Section 45-37A-100.07 Petition for Judicial Review
Status: in_force

The circuit court hearing a petition for judicial review shall utilize the procedures applicable to proceedings in the Jefferson County District Court with all of the following qualifications:

(1) The proceedings shall retain their civil nature with the circuit court applying the preponderance of the evidence standard.

(2) If the person is adjudicated by the circuit court to be responsible for payment of the fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs collected to be retained by the circuit court, which costs shall be calculated in the same manner as court costs for criminal appeals from the Jefferson County District Court, provided that, in the event the circuit court finds the person petitioning for judicial review to not be responsible, any fine or fee paid, related to that citation, shall be refunded by the city.

(3) Regardless of the civil nature of the proceedings, the circuit court may assign case numbers as for criminal appeals or civil appeals and place the appeals on criminal dockets in the same manner as criminal appeals from the Jefferson County District Court or on civil dockets in the same manner as civil appeals from the Jefferson County District Court.

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

(5) The city shall be responsible for providing an attorney to represent the city in the circuit court proceedings.
Ala. Code § 45-27-244.07 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-244.07
Section 45-27-244.07 Registration Forms
Status: in_force

All the registration forms necessary in the administration of this subpart shall be furnished by the State Department of Revenue.
Ala. Code § 45-7-130.06 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-130.06
Section 45-7-130.06 Office Space and Equipment
Status: in_force

The commission shall furnish the county engineer with an office within the county and all necessary office supplies, equipment, communication, utilities, and necessary transportation to accomplish his or her duties under this article.
Ala. Code § 45-18-81.30 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-81.30
Section 45-18-81.30 Pretrial Diversion Program Fund
Status: in_force

The district attorney shall establish a pretrial diversion program fund. Except for the twenty-five dollars ($25) payable to the circuit clerk pursuant to subsection (c) of Section 45-18-81.27, fees paid by offenders pursuant to Section 45-18-81.27 shall be placed into the pretrial diversion program fund. The district attorney shall use the funds in the pretrial diversion program fund to pay costs associated with the administration of the pretrial diversion program or for other law enforcement purposes. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire, telephones, postage, office supplies and equipment, training and travel services, service contracts, and professional services. The district attorney may pay for services or programs for an offender while the offender is in the pretrial diversion program if special circumstances and justice dictate.
Ala. Code § 45-44-140.05 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-140.05
Section 45-44-140.05 Collection and Disposition of Funds
Status: in_force

The tax herein imposed shall be due and payable quarterly to the Macon County Tax Collector, and shall, when collected, be paid by such Macon County Tax Collector to the Treasury of Macon County. All monies collected in accordance with this part shall be spent in participating in the Alabama Forestry Commission’s forest fire protection program in Macon County.
Ala. Code § 45-49A-64.10 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-64.10
Section 45-49A-64.10 Contracts to Secure Bonds and Assumed Obligations
Status: in_force

As security for payment of the principal of and the interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any transit system owned by it, or any part or parts thereof, for the imposition and collection of reasonable rates for and the promulgation of reasonable regulations respecting any service furnished from such system, for the disposition and application of its gross revenues or any part thereof, and for any other act or series of acts not inconsistent with this part for the protection of the bonds and other obligations being secured and the assurance that the revenues from such system, when added to all other moneys of the authority available therefor, will be sufficient to operate such system, maintain the same in good repair and in good operating condition, pay the principal of and the interest on any bonds payable from such revenues, and maintain such reserve as may be deemed appropriate for the protection of the bonds, the efficient operation of such system, and the making of replacements thereof and capital improvements thereto. Any contract pursuant to this section may be set forth in any resolution of the board authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust, or trust indenture made by the authority hereunder.
Ala. Code § 45-49A-63.123 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-63.123
Section 45-49A-63.123 Duties of Board
Status: in_force

(a) The members of the board shall elect a chair from their number; may appoint from their number such subcommittees with such powers as they shall determine; may authorize one or more of their number or any agent to execute or deliver any instrument or make any payment on their behalf; may retain counsel, employ agents, and provide for such clerical, accounting, actuarial, financial, and consulting services as they may require in carrying out the plan; and may allocate among themselves or delegate to other persons all or such portion of their duties under the plan as they, in their sole discretion, shall decide.

(b) The board shall have full power to invest and reinvest the fund in such investments as the board may from time to time approve and to hold, purchase, sell, assign, transfer, and dispose of any such investments in which the fund shall have been invested.
Ala. Code § 45-24-82.01 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-82.01
Section 45-24-82.01 Salary Upon Continuous Service of 25 Years
Status: in_force

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

(b) Effective August 1, 2006, any Judge of Probate of Dallas County who has served continuously as Judge of Probate of Dallas County for a period of 25 years or more shall be entitled to receive as his or her compensation an amount equal to the compensation paid to the District Judge of Dallas County. The compensation shall be payable in equal monthly installments from the General Fund of Dallas County.
Ala. Code § 45-44-20 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-20
Section 45-44-20 Limitations on Beer or Ale Container Size
Status: in_force

(a) In Macon County, in addition to all other containers provided for by law, beer or ale may be sold in containers that do not exceed 32 ounces in size.

(b) The taxes on the beer or ale in such containers shall be as provided by general law.
Ala. Code § 45-28A-42.14 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.14
Section 45-28A-42.14 Recordkeeping
Status: in_force

The chair shall provide for keeping minutes of board meetings and records of all business transacted by the board at each and every meeting. All such minutes and records shall be open for public inspection in the office of the city clerk during normal business hours for city hall.
Ala. Code § 45-3A-51 — Alabama Code / Title 45 / Chapter 3A / Section 45-3A-51
Section 45-3A-51 Renting or Furnishing Rooms, Lodging or Accommodations
Status: in_force

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

Upon every person, firm, or corporation engaging in the City of Eufaula in the business of renting or furnishing any room or rooms, lodging or accommodations to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration, in an amount to be determined by the application of the rate of two percent of the charge for such room, rooms, lodgings, or accommodations, including the charge for use or rental of personal property and services furnished in such room. Provided, however, there is exempted from the tax levied under this part any rentals or services taxed under the provisions of the Alabama Sales Tax Act, Act 100, of the Second Special Session of the 1959 Legislature, Acts 1959, p. 298, as amended or as may hereafter be amended. The tax shall not apply to rooms, lodgings or accommodations supplied for a period of 30 continuous days or more in any place.
Ala. Code § 45-20-241.05 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-241.05
Section 45-20-241.05 Collection and Disposition of Funds; Compensation
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 of the county are now or hereafter may be by law authorized and directed to charge or collect for the performance of any duty hereby imposed on the county revenue commissioner. As compensation for the performance of the duties of this office, the county revenue commissioner shall receive an annual salary as provided by Section 40-6A-2.
Ala. Code § 45-16A-30.03 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-30.03
Section 45-16A-30.03 Regulation of Sale and Consumption of Alcoholic Beverages on Sunday
Status: in_force

(a) This section applies only in the City of Enterprise in Coffee County and Dale County.

(b) The sale of alcoholic beverages on Sundays may be authorized by the city council within the corporate limits of the City of Enterprise subject to approval by a referendum as provided in this section. If the Sunday sale of alcoholic beverages is approved by the referendum, the city council of the city, by ordinance, may permit the sale and consumption of alcoholic beverages subject to the referendum as determined by the city council by properly licensed retail licensees of the Alcoholic Beverage Control Board serving the general public. Pursuant to authority granted pursuant to this section, the city council may regulate which retail licensees may sell alcoholic beverages on Sunday, whether the sale may be for on-premises or off-premises consumption, or both, the times on Sunday when the sale of alcoholic beverages shall be allowed, and any other aspect of the Sunday sale of alcoholic beverages.

(c) The city shall hold a referendum to determine whether to grant authority to the city council to provide for the sale of alcoholic beverages on Sunday pursuant to the authority specified in the referendum. The referendum shall specify whether the authority granted to the city council would include the sale of alcoholic beverages on Sundays for on-premises consumption and whether the authority granted to the city council would include the sale of alcoholic beverages on Sundays for off-premises consumption. The referendum may be presented as one question or as separate questions related to on-premises and off-premises consumption as determined by the city council. If a majority of the voters voting thereon vote in favor of the question or questions, the sale of alcoholic beverages as authorized in this section on Sunday may be provided for by the city council subject to the referendum.

(d) The referendum shall be held at the next regular municipal election or at a special municipal election called for that purpose by the city council. Costs of the referendum shall be paid by the city. A second or subsequent referendum shall not be held within 12 months following a referendum which fails to be approved by the voters of the city or to further authorize the sale of alcoholic beverages on Sunday pursuant to this section.
Ala. Code § 45-42-162.04 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-162.04
Section 45-42-162.04 Service Districts
Status: in_force

(a) A general services district shall include the entire area of Limestone County. Any service or function which is now or in the future assigned by state law to county government shall be performed in the general services district.

(b) Urban service districts shall be formed from each city in the consolidation, and such additional area as may be specified by the metropolitan commission. Services to be provided in these districts are those generally provided, or authorized to be provided by general statutes which apply to municipalities in the State of Alabama.

(c) Service district services shall be financed from revenues collected within the district or from revenues which are otherwise secured for such services.

(d) The boundaries of the service districts may be changed by the commission whenever the commission determines that a particular area of the metropolitan-government needs services of the kind and extent provided by another service district and the metropolitan-government is able to provide such services. Where the urban service district boundaries are extended, a plan for provision of services shall become a part of the resolution.
Ala. Code § 45-20A-10.01 — Alabama Code / Title 45 / Chapter 20A / Section 45-20A-10.01
Section 45-20A-10.01 Board of Education - Districts
Status: in_force

A member shall reside in the district which the member represents during the entire term of office. If the boundaries of a city council district change, the corresponding board of education district shall automatically change accordingly for the next election of the city board of education. If redistricting places an incumbent board member outside of his or her district, the member shall nevertheless continue to serve the remainder of the term to which he or she was elected or appointed.
Ala. Code § 45-51-243.15 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-243.15
Section 45-51-243.15 Rulemaking Authority
Status: in_force

The county commission may prescribe all necessary or appropriate rules and regulations for the implementation of this part, including all rules and regulations as may be necessary by reason of any alteration of law in relation to this part.
Ala. Code § 45-28-150 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-150
Section 45-28-150 Short Title
Status: in_force

This article shall be known and may be cited as the Etowah County Bingo Act.
Ala. Code § 45-57-150 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-150
Section 45-57-150 Regulating Operation of Bingo
Status: in_force

As used in this article the following words shall mean the following, unless the context clearly indicates otherwise:

(1) B INGO . The game, commonly known as bingo, where numbers or symbols on a card are matched with numbers or symbols selected at random.

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

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

(4) P ERMIT HOLDER . A qualified organization or qualified club which has a permit or license pursuant to this article.

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

(6) Q UALIFIED CLUB . A private club with annual membership dues of three hundred dollars ($300) or more.

(7) QUALIFIED ORGANIZATION. A bona fide religious, educational, service, senior citizens, fraternal, or veterans’ organization which qualifies as an exempt organization under Section 501(c) of the Internal Revenue Code and operates without profit to its members and, except for special permit holders issued pursuant to Section 45–57-150.03, which has been in existence continuously as that organization for a period of five years and which has owned or leased real property in Russell County for at least five years immediately prior to making application for operating bingo in Russell County.

(8) SPECIAL PERMIT HOLDER. One who holds a valid permit for a special occasion as provided by Section 45–57–150.03.
Ala. Code § 45-49-40.10 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-40.10
Section 45-49-40.10 Persons Entitled to License Without Initial Examination
Status: in_force

Any present resident of the county to which this part applies, who holds a license as a barber or apprentice, or any barber school or college in operation on September 8, 1961, shall automatically be granted a license without an examination by making application to the commission on or before the 1st day of January, 1962, and upon paying the annual renewal fee specified herein for barbers, apprentices, and barber schools or colleges, provided that such applicant has been issued a medical certificate as required herein.
Ala. Code § 45-48A-61.01 — Alabama Code / Title 45 / Chapter 48A / Section 45-48A-61.01
Section 45-48A-61.01 Eminent Domain
Status: in_force

For the purposes of this part, the municipal corporation may exercise the right of eminent domain. The eminent domain proceedings shall be conducted in the manner now provided by law.
Ala. Code § 45-39-221.06 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-221.06
Section 45-39-221.06 Transfer of Funds and Assets to Tourism Board
Status: in_force

(a) The county, any municipality, and any other public agency, authority, bureau, or body that provides services of any kind or otherwise operates in the county, are authorized to transfer and convey to the tourism board, with or without consideration, both of the following:

(1) Any properties, real or personal, and any interest therein, and all funds and assets, tangible or intangible, relative to the ownership or operation of any such that may be owned by the county, the municipality, or other public agency, authority, bureau, or body, as the case may be, or that may be jointly owned by any two or more thereof.

(2) Any funds owned or controlled by the county, the municipality, or other public agency, authority, bureau, or body, as the case may be, or jointly by any two or more thereof, that may have been raised or allocated for any of the purposes for which the tourism board shall have been organized, whether or not such property is considered necessary for the conduct of the governmental or public functions of the county, the municipality, or other public agency, authority, bureau, or body.

(b) Each transfer or conveyance shall be authorized by an ordinance or resolution duly adopted by the governing body of the county or municipality, or by the board of directors or other governing body of the public agency, authority, or body, all as the case may be. It shall not be necessary, any provision of law to the contrary notwithstanding, to obtain any permit for any such transfer or conveyance.
Ala. Code § 45-14-80.01 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-80.01
Section 45-14-80.01 Sheriff’s Department Fund
Status: in_force

(a) In Clay County, in addition to all other fees or costs levied, there shall be taxed as costs the sum of fifteen dollars ($15) in the service of any papers or documents by the sheriff or any deputy sheriff arising out of any civil or quasi-civil proceeding at law or in equity, whether such proceeding is in any inferior court, municipal court, district court, or circuit court and whether such proceeding is filed in or arising in any of the courts, or on appeal, certiorari, or otherwise to the district court or the circuit court. The costs shall be collected in the same manner as other costs in such cases in the respective courts.

(b) In Clay County, in addition to all other fees or costs levied, there shall be taxed as costs the sum of five dollars ($5) upon conviction in any criminal proceeding arising out of the commission of a misdemeanor or felony. The costs shall be collected in the same manner as other costs in such cases in the respective courts.

(c) In Clay County, in addition to all other fees or costs levied, there shall be taxed as costs the sum of seventy-five dollars ($75) in the service of any papers or documents by the sheriff or any deputy sheriff arising out of any civil or criminal action instituted outside the State of Alabama, whether at law or equity. The costs shall be collected in the same manner as other court costs in actions instituted or arising outside the State of Alabama.

(d) In Clay County, in addition to all other fees or costs levied, there shall be taxed as costs the sum of five dollars ($5) in any criminal proceeding arising out of the violation of drug and controlled substances, whether felonious or misdemeanor, and, in any court located in the county, whether inferior court, municipal court, district court, or circuit court and whether such proceeding is filed in or arising in any of the courts, or on appeal, certiorari, or otherwise to the district court or the circuit court. The costs shall be collected in the same manner as other costs in such cases in the respective courts.

(e) All funds generated by the provisions of this section shall be paid into the General Fund of Clay County, designated for the Sheriff’s Department Fund.
Ala. Code § 45-46-70.16 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-70.16
Section 45-46-70.16 Quorum
Status: in_force

Three members of the board of revenue shall constitute a quorum for the transaction of business.
Ala. Code § 45-37-171 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-171
Section 45-37-171 Legislative Findings
Status: in_force

The Legislature finds that there are approximately 75 boarding and rooming homes with over 800 beds in Jefferson County which serve persons who are not related by blood or marriage to the owner or operator thereof. It also finds that these boarding and rooming homes are currently inspected in accordance with the Jefferson County Board of Health regulations governing minimum standards for boarding and rooming homes adopted on February 9, 2000. These regulations do not provide for civil penalties with regard to violations of the minimum standards. There is public interest in providing reasonable civil penalties so as to prevent illegal operations, the existence of conditions harmful to residents’ health and safety, and habitual noncompliance with minimum standards.
Ala. Code § 45-46-241.01 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-241.01
Section 45-46-241.01 Duties of County Revenue Commissioner
Status: in_force

The county revenue commissioner shall do and perform all acts, duties, and functions required by law to be performed either by the tax assessor or by the tax collector of the county relative to the assessment of property for ad valorem taxation, the collection of such taxes, the keeping of records, and the making of reports concerning assessments for and the collection of taxes.
Ala. Code § 45-44-260.11 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-260.11
Section 45-44-260.11 Zoning Regulations Not to Be Retroactive
Status: in_force

No zoning regulation adopted by the planning commission and county commission shall change any use to which land is being made at the time the zoning regulations became applicable to any beat.
Ala. Code § 45-49-252.15 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-252.15
Section 45-49-252.15 Inspections
Status: in_force

In order to insure compliance with this part and the laws of this state, the director or his or her agents, or the health officer and his or her agents, are authorized to inspect, at reasonable times, all phases of solid waste management within Mobile County.
Ala. Code § 45-13-10 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-10
Section 45-13-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Clarke County local laws enacted after 1978 and all Clarke 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 § 45-35-83.83 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-83.83
Section 45-35-83.83 Temporary Judges of Probate. (Amended by Act 2026-127)
Status: in_force

AMENDED BY ACT 2026-127, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The Judge of Probate of Houston County may appoint from the qualified electors of Houston County one or more temporary judges of probate to serve contemporaneously with him or her when the elected judge of probate finds that the temporary appointments are necessary due to calendar congestion, complexity of issues, the prospects of an unduly long trial, or caseload management.

(b) No temporary appointment shall be for a term longer than 90 days.

(c) A temporary judge of probate may be appointed for as many successive 90-day periods or fractions thereof as might be necessary, but shall not serve more than 200 days during any fiscal year.

(d) Any qualified employee of the court who is licensed to practice law in the state is eligible for an appointment as a temporary judge of probate.

(e) All temporary judges of probate shall have the jurisdiction and authority and shall discharge the duties of the judge or probate, and the judgments, orders, and decrees made or rendered by any temporary judge of probate shall be entered on the records of the probate court and shall have the force and effect and be subject to revision or appeal or other revisory remedy of judgments, orders, and decrees of the probate court or of the judge of probate.

(f) Neither the regularly elected judge of probate, nor the surety on his or her bond, shall be responsible for any of the acts, failures to act, reports, or decisions made by any temporary judge of probate, or any of the acts or failures to act of any employee in the probate court during the tenure of the temporary judge of probate.

(g) Compensation for temporary judges of probate shall be fifty dollars ($50) per hearing to be paid from the discretionary fund of the judge of probate, unless the temporary judge of probate is an employee of the court, in which case the employee shall not receive any compensation under the pay plan established by the rules of the Houston County Personnel Board.
Ala. Code § 45-57A-63.202 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.202
Section 45-57A-63.202 No Election on Change More Often Than Two Years
Status: in_force

No election on the abandonment of the council-manager form of government shall be held within two years after any other election thereon.
Ala. Code § 45-57-201 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-201
Section 45-57-201 Hiring County License Inspector
Status: in_force

Notwithstanding the provisions of Section 40–12–10 and any other general or local law of this state to the contrary, the Russell County Commission may hire a county license inspector who shall hold the office at the pleasure of the county commission and shall perform the functions and duties required by law of such officer independent of the sheriff of the county. The county commission shall set the compensation of the county license inspector at a rate not to exceed six hundred dollars ($600) per month plus up to 25 percent of all penalties collected under citations written by the inspector or his or her duly appointed deputy.
Ala. Code § 45-19-70.02 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-70.02
Section 45-19-70.02 Districts; Map
Status: in_force

For the purposes of this article, and for future elections for members of the county commission, Coosa County is divided into five separate districts, numbered one to five, inclusive, as set out in a map prepared by the East Alabama Regional Planning and Development Commission and officially approved by the Coosa County Commission. The map shall be attached to this article, and shall be on file in the office of the Judge of Probate of Coosa County.
Ala. Code § 45-48A-61.03 — Alabama Code / Title 45 / Chapter 48A / Section 45-48A-61.03
Section 45-48A-61.03 Power and Authority of Municipal Corporation
Status: in_force

The municipal corporation shall have all the power and authority necessary to reasonably exercise the powers and responsibilities conferred by this part and implement the purposes of this part.
Ala. Code § 45-10-244.08 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-244.08
Section 45-10-244.08 Charge of State Department of Revenue: Its Disposition of Tax Proceeds
Status: in_force

The State Department of Revenue shall charge the county, for collecting the taxes authorized to be levied herein, the costs of the department in collecting the taxes; provided such charge shall not, in any event, exceed five percent of the total amount of the taxes collected hereunder. Such charge for collecting the taxes for the county may be deducted each month from the tax proceeds collected before the amount of the proceeds due the county for that month is certified as provided in this section. The commissioner shall pay into the State Treasury all taxes collected under this subpart, as such taxes are received by the State Department of Revenue; and on or before the first of each successive month (commencing with the month next succeeding the month in which the department makes the first collection of any of the taxes authorized to be levied hereunder) the commissioner shall certify to the state Comptroller the amount of taxes collected under the provisions of this subpart and paid into the State Treasury for the benefit of the county during the month immediately preceding the making of such certificate and shall state separately in the certificate the amount of the proceeds so collected from the taxes authorized to be levied in Section 45-10-244.01 and the amount of the proceeds so collected from the taxes authorized to be levied Section 45-10-244.02, provided, however, that before certifying the amount of taxes paid into the State Treasury for the benefit of the county during each month, the commissioner may deduct from the taxes collected hereunder in each month the charges due the department for collection of the taxes. It shall be the duty of the state Comptroller (i) to issue his or her warrant each month, payable to the county in an amount equal to the amount so certified by the commissioner as having been collected for the use of the county, and (ii) to transmit to the county, along with the warrant, a copy of the certificate by the commissioner.
Ala. Code § 45-39-82.09 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-82.09
Section 45-39-82.09 Written Agreement; Other Terms and Conditions
Status: in_force

(a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge and receive a specific sentence, an agreement concerning when the plea of guilty will occur, to what charge to which the offender will plead guilty, and any sentence to be imposed, shall be approved by an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior to admission of the offender in the pretrial diversion program.

(b) As a condition of being admitted into the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms or conditions:

(1) Pay approved restitution to a victim.

(2) Participate in an education setting to include, but not be limited to, K-12, college, job training school, trade school, GED classes, or adult basic education courses.

(3) If appropriate, attempt to learn to read and write.

(4) Financially support his or her children or pay child support.

(5) Refrain from the use of alcohol or drugs or frequenting places where alcohol or drugs are sold or used.

(6) Refrain from contact with certain persons or premises.

(7) Maintain or seek employment.

(8) Attend individual, group, or family counseling.

(9) Pay court costs, fees, and fines.

(10) Conduct himself or herself in an honorable manner as a good member of the community, and not endanger in any way the person, property rights, dignity, or morals of others or himself or herself.

(11) Comply with all municipal, county, state, and federal law, ordinances, or orders.

(12) Be absolutely truthful in any oral or written application or reports to the pretrial diversion program.

(13) Pay supervision fees to the agency or entity responsible for monitoring and verifying the offender’s compliance with the terms of the pretrial diversion program set forth by the district attorney. These fees shall be paid by the offender to the supervising agency or entity in a timely manner.

(14) Observe curfews, home detention, or travel constraints as set out in the offender’s agreement.

(15) Enter into an agreement with the district attorney to have restitution, court costs, fines, fees, or child support withheld or garnished from the wages or salary of the offender.

(16) Complete approved community service.

(17) Agree to the court’s jurisdiction beyond the terms of the pretrial diversion program, incarceration, probation, parole, or end of sentence for the purposes of the collection of court ordered or agreed upon fines, fees, cost of court, and restitution pursuant to Section 12-17-225.

(18) Agree to the terms and conditions of the pretrial diversion program established by the district attorney.

(19) Provide a statement written by the offender, admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program.

(20) Refrain from the possession of or use of any firearm.

(21) Pay the application fee pursuant to this part.

(22) Participate in and complete a drug court program.

(23) Complete a certified drug or alcohol addiction evaluation and treatment program.

(24) Agree to be subject to any other terms or conditions as required by the district attorney set out in the pretrial diversion program agreement. The district attorney shall be given broad discretion in designing a program specifically for each offender and circumstances of the offender.
Ala. Code § 45-51-110 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-110
Section 45-51-110 Compensation - Board of Registrars
Status: in_force

Each member of the Montgomery County Board of Registrars shall receive compensation of thirty-five dollars ($35) for each day’s attendance of the registrar upon the session of the board of registrars. This compensation shall be paid out of the county general fund and shall be in lieu of any and all other compensation, expenses, and allowances heretofore provided for by law.
Ala. Code § 45-44-231.47 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-231.47
Section 45-44-231.47 Participation in Program
Status: in_force

The board, at its discretion, may also allow an inmate to participate in the release program to further the inmate’s education. Under this section the inmate must follow all the rules and regulations prescribed for other inmates participating in the work release program.
Ala. Code § 45-36-180.01 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-180.01
Section 45-36-180.01 Department of Public Works - Powers
Status: in_force

The department of public works, subject to the approval of the Jackson County Commission, shall have the power and authority and shall be solely responsible for the construction, repair, and maintenance of the roads, bridges, and ferries and all such construction, repair, and maintenance shall be done on the basis of the county as a unit, without regard to district or quadrant lines.
Ala. Code § 45-48-241.31 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-241.31
Section 45-48-241.31 Additional Motor Vehicle Tag Fees Authorized
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, as amended, excluding any trailer qualifying as a utility trailer.

(2) The Marshall County Commission outside of the corporate limits of any city in any part of which is located in Marshall County having a city board of education may levy an additional annual fee of up to twenty-five dollars ($25) on each motor vehicle registered from that area or otherwise subject to ad valorem tax by the county in that area in the county unless specifically exempted therefrom.

(3) The governing bodies of the City of Arab and the City of Guntersville may each respectively levy an additional annual fee of up to twenty-five dollars ($25) on each motor vehicle registered within the corporate limits of the municipality which the governing body of the municipality represents or is otherwise subject to ad valorem tax by the municipality which the governing body represents unless specifically exempted therefrom.

(4) The governing body of the City of Boaz may levy an additional annual fee of up to twenty-five dollars ($25) on each motor vehicle registered within the corporate limits of the City of Boaz in Marshall County or otherwise subject to ad valorem tax by the City of Boaz in Marshall County unless specifically exempted therefrom.

(5) The additional annual fees authorized by this subsection 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.

(6) Any fee levied pursuant to this subsection may be removed at the discretion of the taxing authority provided the removal does not affect any contractual obligation.

(b) Any person who is 65 years of age or older, upon verified proof of age, shall be granted an exemption from payment of the additional annual 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 to be held by the respective taxing authority to be used for any public school or education purpose including, but not limited to, capital improvements for any public school or education purpose, debt payments for any public school or education purpose, or any other public school or education purpose.
Ala. Code § 45-40-243 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-243
Section 45-40-243 Consolidation of Offices and Duties
Status: in_force

(a) At the expiration of the term of office of the office of Tax Assessor and the office of Tax Collector of Lawrence County, there shall be established the office of County Revenue Commissioner in Lawrence County. A county revenue commissioner shall be elected at the next general election prior to the expiration of the term of office of the tax assessor and the tax collector and at the general election every six years thereafter. The county revenue commissioner 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.

(b) The county revenue commissioner shall do and perform all acts, duties, and functions required by law performed either by the tax assessor or by the tax collector of the county including, but not limited to, the assessment of property for ad valorem taxation, the collection of the taxes, the keeping of records, and the making of reports concerning assessments for and the collection of taxes.

(c) Subject to the approval of the county commission, the county revenue commissioner shall appoint and fix the duties of a sufficient number of deputies, clerks, and assistants to perform properly the duties of his or her office. The acts of the deputies shall have the same force and legal effect as if performed by the county revenue commissioner.

(d) Before entering upon the duties of his or her office, the county revenue commissioner shall take the oath of office prescribed by Article XVI of the Constitution of Alabama of 1901, and execute a bond in a sum fixed by the county commission, giving as security thereon a bonding company authorized to do business in Alabama. The bond shall be conditioned, as other official bonds are conditioned, and shall be approved by and filed with the judge of probate. The cost of the bond shall be paid out of the general funds of the county on a warrant of the county commission and shall be a preferred claim against the county.

(e) The county commission shall provide the necessary offices for the county revenue commissioner and shall provide all stationery, equipment, and office supplies, not otherwise furnished by law, needed for the efficient performance of the duties of the office.

(f) 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 a duty imposed by law on the officers and transferred to and imposed on the county revenue commissioner. As compensation for performance of the duties of his or her office, the county revenue commissioner shall receive a minimum salary as provided by Section 40-6A-2, payable in the manner prescribed by the county commission, out of the county general fund with the exact amount to be set by resolution of the county commission prior to the county revenue commissioner taking office.

(g) The offices of Tax Assessor and Tax Collector of Lawrence County shall be abolished effective on the last day of the term to which they are elected.

(h) It is the purpose of this section to conserve revenue and promote the public convenience in Lawrence County by consolidating the offices of tax assessor and tax collector into one county office.
Ala. Code § 45-27A-31.08 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.08
Section 45-27A-31.08 Powers of Authority
Status: in_force

The authority shall have all of the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

(1) To have succession by its corporate name for the duration of time, which may be perpetuity, subject to Section 45-27A-31.19, specified in its certificate of incorporation.

(2) To sue and be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction of the subject matter and of the parties.

(3) To adopt and make use of a corporate seal and to alter the same at pleasure.

(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.

(5) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise and to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more projects, including all real and personal properties which the board of the authority may deem necessary in connection therewith, regardless of whether or not any such projects shall then be in existence.

(6) To lease to others any or all of its projects and to charge and collect rent therefor, and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof.

(7) To sell, exchange, donate, or convey and to grant options to any lessee to acquire any of its projects and any or all of its properties whenever its board shall find any such action to be in furtherance of the purposes for which the authority was organized.

(8) To issue its bonds for the purpose of carrying out any of its powers.

(9) To mortgage and pledge any or all of its projects or any part or parts thereof, as security for the payment of the principal of and interest on any bonds so issued and any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues and receipts therefrom or from any thereof.

(10) To execute and deliver, in accordance with this section and Section 45-27A-31.09, mortgages and deeds of trust and trust indentures, or either.

(11) To finance, by loan, grant, lease, or otherwise, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships, limited or general, or other entities, all of which the authority is hereby authorized to receive and accept and use.

(12) To issue and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose.

(13) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority’s public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source.

(14) To enter into agreements with the federal government or any agency thereof to use the facilities or the services of the federal government or any agency thereof in order to further or carry out the public purposes of the authority.

(15) To contract for any period with the State of Alabama, state institutions, or any city, town, municipality, or county of the state for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county, or for the use by any state institution or any city, town, municipality, or county of any facilities or services of the authority, provided such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are by law authorized to undertake.

(16) To extend credit or make loans to any person, corporation, partnership, limited or general, or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted hereby in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the authority may deem necessary or desirable.

(17) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any monies loaned or credit extended by the authority.

(18) To appoint, employ, contract with, and provide for the compensation of, such officers, employees, and agents, including but without limitation to engineers, attorneys, contractors, consultants, and fiscal advisors, as the board shall deem necessary for the conduct of the business of the authority.

(19) To provide for such insurance as the board may deem advisable.

(20) To make, enter into, and execute such contracts, agreements, leases, and other instruments and to take such other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power expressly granted hereunder.

(21) To require payments in lieu of taxes to be made by the lessee of the project to either the authority or the city.

(22) To receive and use the proceeds of any tax levied by a municipal corporation to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this part.

(23) To encourage and promote the improvement and revitalization of any area of the city and to make, contract for, or otherwise cause to be made long-range plans or proposals for development in cooperation with the city or Escambia County; and to assist in the economic development of the city.

(24) To exercise any power granted by the laws of the State of Alabama to public or private corporations which is not in conflict with the public purpose of the authority.

(25) To do all things necessary or convenient to carry out the powers conferred by this part.
Ala. Code § 45-16-82.01 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82.01
Section 45-16-82.01 Presence of Bailiffs and District Attorney Employees During Grand Jury Sessions
Status: in_force

All court bailiffs and employees of the District Attorney’s Office in the Twelfth Judicial Circuit shall be entitled to be present in the courtroom during sessions of the grand jury except when the jury is deliberating.
Ala. Code § 45-15-60 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-60
Section 45-15-60 Expense Allowance; Salary
Status: reserved

Repealed by Act 2007-243, p. 328, §2, effective September 1, 2007.
Ala. Code § 45-39-200.11 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-200.11
Section 45-39-200.11 Assessment and Collection of Motor Vehicle Taxes
Status: in_force

After the thirtieth day of September, 1980, motor vehicles shall not be included in any assessment made by any person, firm, or corporation under this code, and any such motor vehicle shall not be considered as escape property by reason of failure to include the same in any tax return as of the first day of October, 1980, or any subsequent year. All motor vehicles shall be assessed and the taxes thereon shall be collected solely as herein provided.
Ala. Code § 45-38-81.01 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-81.01
Section 45-38-81.01 Salary of Judge of Probate; Compensation Increases
Status: in_force

(a) Effective beginning the next term of office after June 1, 2024, the Judge of Probate of Lamar County shall receive as his or her total compensation a salary of one hundred ten thousand one hundred sixteen dollars ($110,116) per year. The compensation provided by this section is inclusive and shall compensate the judge of probate for service as chair of the county commission and for administration of the one-stop tag program in the county, if applicable. The salary shall be paid from the General Fund of Lamar County and shall be the total compensation of the judge of probate except as provided in subsection (b).

(b) Effective beginning the next term of office after June 1, 2024, in addition to the salary provided in subsection (a), the judge of probate shall receive the same uniform increases in compensation, including cost-of-living or other similar increases granted to other county officers. During a term of the judge of probate, the uniform increases shall be paid as an additional expense allowance, and, effective beginning the next term of office thereafter, the cumulative expense allowances during the term shall be converted to salary.
Ala. Code § 45-28A-42.21 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.21
Section 45-28A-42.21 Ineligibles
Status: in_force

No person shall be eligible to take the civil service examination or to appointment as a member of either the police or fire departments in cities coming within the provisions of this subpart who is not a citizen of the United States or who has ever been convicted of a felony, or who does not possess a good moral character.
Ala. Code § 45-25-250.03 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-250.03
Section 45-25-250.03 Board of Directors
Status: in_force

The board of directors shall consist of seven directors that shall be appointed by the members of the state Legislature that represent all or any portion of DeKalb County for terms of four years. Provided, however, that initial appointments, as designated by the appointing authority, shall be made so that two directors shall serve for two years, two directors for three years, and three directors for four years, so that the terms of the directors are staggered. All directors shall serve until their successors are appointed and assume office. As soon as may be practicable after the organization of the authority, an election shall be held by the board of directors to elect a chair, vice chair, and a secretary-treasurer. Every two years thereafter, the board shall likewise reorganize itself. No chair or other board officer shall serve more than two consecutive terms as chair or other board officer. Upon the expiration of the initial terms, directors shall serve a term of four years and vacancies shall be filled by the respective appointing authority that made the initial appointment. In the event of a vacancy in office due to death, disability, resignation, or impeachment, the unexpired term of such office shall be filled by appointment by the appointing authority. Each director appointed shall be a duly qualified elector of the county he or she represents on the board and the owner of real property in that part of the service area of the authority which lies within that county. If the articles of incorporation so provide, each director shall be compensated in the same manner as provided in Chapter 88 of Title 11, relating to directors of water, sewer, and fire protection authorities. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama of 1901, and the general laws of the state for impeachment and removal of the officers mentioned in Section 175. The DeKalb County Commission may provide office space, staff, and supplies for the authority.
Ala. Code § 45-43-100.01 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-100.01
Section 45-43-100.01 Compensation
Status: in_force

(a) In Lowndes County, upon resolution passed by a majority of the members of the county board of education, in lieu of any other compensation, salary, or expense allowance provided by law, each member of the county board of education shall be entitled to receive compensation in the amount of one thousand dollars ($1,000) per month.

(b) The compensation provided by this section shall be paid in the same manner and from the same source as compensation and expense allowances for members of the Lowndes County Board of Education are currently paid and shall become effective on the first of the month following passage of the resolution by the board.
Ala. Code § 45-5-72 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-72
Section 45-5-72 Members Elected from Single-Member Districts; Reapportionment
Status: in_force

(a) Effective the next election of the Blount County Commission, the members of the Blount County Commission shall be elected from single-member districts. Each member of the commission shall be a resident and qualified elector of the district he or she represents.

(b) Not later than January 1, 2002, the Blount County Commission shall adopt a plan dividing the county into districts of approximately equal population based on the immediately preceding federal decennial census. The variation between districts shall not exceed five percent plus or minus based on districts of equal population.

(c) The county commission shall reapportion the commission districts in accordance with the standard in subsection (b) after each federal decennial census.

(d) The members of the Blount County Commission serving pursuant to this section shall serve full-time.
Ala. Code § 45-20-172.56 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-172.56
Section 45-20-172.56 Payment of Assessments
Status: in_force

Payment of any assessment, or if delinquent, the collection of the assessment, shall be made in the manner and as provided for the payment of municipal improvement assessments as provided for the payment of and delinquent collection of municipal improvement assessments pursuant to Article 1, commencing with Section 11-48-1, of Chapter 2 of Title 11. The city may, in the latter notice, elect to have the revenue commissioner collect the assessment by adding the same to the tax bill; upon the election the revenue commissioner shall collect the assessment using all methods available for collecting ad valorem taxes. Ten percent of the amount of each assessment collected by the county revenue commissioner shall be retained by the county revenue commissioner and used for operational purposes.
Ala. Code § 45-35A-55 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-55
Section 45-35A-55 Participation in Employees’ Retirement System; Transfer of Assets and Liabilities
Status: in_force

Notwithstanding the provisions of Act 103, 1953 Regular Session (Acts 1953, p. 145), as amended by Act 543, 1977 Regular Session (Acts 1977, p. 711), the City of Dothan by action of the city council may take any actions necessary to participate in the Employees’ Retirement System of Alabama pursuant to Section 36-27-6, and the remaining provisions of Chapter 27 of Title 36, and may transfer any assets and liabilities of the City of Dothan Pension and Retirement System to the Employees’ Retirement System of Alabama, as necessary for the City of Dothan to participate in the Employees’ Retirement System. Upon acceptance of the City of Dothan in the Employees’ Retirement System of Alabama, the Board of Trustees of the City of Dothan Pension and Retirement System may terminate the pension and retirement system established pursuant to Act 103, 1953 Regular Session (Acts 1953, p. 145), as amended by Act 543, 1977 Regular Session (Acts 1977, p. 711), according to the terms and conditions as it shall provide and upon satisfaction of any obligations to any vested members of the system in the manner as the board shall determine necessary.
Ala. Code § 45-19-20.01 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-20.01
Section 45-19-20.01 Limitations on Beer or Ale Container Size
Status: in_force

(a) In Coosa County, in addition to all other containers provided for by law, beer or ale may be sold in containers that do not exceed 32 fluid ounces in size. The sale may be authorized or rescinded by resolution of the county commission at any regularly scheduled meeting of the county commission.

(b) The taxes on the beer or ale in such containers shall be as provided by law.
Ala. Code § 45-49-23.10 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-23.10
Section 45-49-23.10 Remedies
Status: in_force

(a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which the wholesaler has an agreement may maintain a civil action against the wholesaler to recover actual damages reasonably incurred as the result of the prohibited conduct.

(b) A supplier that violates this part shall be liable for all actual damages and all court costs and, in the court’s discretion, reasonable attorney fees incurred by a wholesaler as a result of that violation. A wholesaler that violates this part shall be liable for all actual damages and all court costs and, in the court’s discretion, reasonable attorney fees incurred by the supplier as a result of that violation.

(c) This part imposes upon a supplier the duty to deal fairly and in good faith with a wholesaler which has entered into an agreement with the supplier to purchase and sell a brand or brands of wine sold by the supplier. Except as otherwise provided in this part, if a court finds that a supplier has intentionally, consciously, or deliberately acted or failed to act which was not in good faith or was in bad faith either in (1) effecting an amendment, modification, termination, cancellation, or nonrenewal of any agreement; or (2) unreasonably interfering with, preventing, or unreasonably delaying the transfer of the wholesaler’s business where approval of the proposed transferee is not required by this part; or (3) unreasonably withholding its consent to or approval of any assignment, transfer, or sale of a wholesaler’s business, where approval of the proposed transferee is required by this part; it may, upon proof thereof by clear and convincing evidence as defined in Section 6-11-20, award exemplary or punitive damages, as well as actual damages, court costs, and reasonable attorney fees to the wholesaler who has been damaged by the action or the failure to act of the supplier. Such actions or failure to act on the part of the supplier shall constitute the tort of bad faith, and the amount of any award of punitive damages and the review thereof by the trial or appellate court shall be governed by Section 6-11-25.

(d) A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this part.

(e) Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this part. If the court grants injunctive relief or issues a temporary restraining order, bond shall not be required to be posted.

(f) The remedies provided by this section are nonexclusive, and nothing contained herein shall abolish any cause of action or remedy available to the supplier or the wholesaler existing on May 13, 1993.

(g) Any legal action taken under this part, or in a dispute arising out of an agreement or breach thereof, or over the provisions of an agreement shall be filed in either Mobile County Circuit Court or the United States District Court for the Southern District of Alabama.
Ala. Code § 45-50-242.03 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-242.03
Section 45-50-242.03 Oath of Office; Bond
Status: in_force

Before entering upon the duties of his or her office, the county revenue commissioner shall take the oath of office prescribed by Article XVI of the Constitution of Alabama of 1901, and execute a bond in a sum fixed by the county commission, giving as security thereon a bonding company authorized to do business in Alabama. The bond shall be conditioned, as other official bonds are conditioned, and shall be approved by and filed with the judge of probate. The cost of the bond shall be paid out of the general funds of the county on a warrant of the county commission and shall be a preferred claim against the county.
Ala. Code § 45-8-244 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-244
Section 45-8-244 Supplemental Compensation
Status: in_force

The Calhoun County Commission may provide supplemental compensation to the members of the county board of equalization up to an amount to be set by the county commission so that the total compensation of the board members will not exceed seventy-five dollars ($75) for each day the members are engaged in the performance of the duties of the board. The supplemental compensation of the members of the county board of equalization shall be paid out of the general fund of the county upon warrant drawn on the county treasury.
Ala. Code § 45-1-243.06 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-243.06
Section 45-1-243.06 Enforcement of This Subpart; Taxes a Lien
Status: in_force

The taxes authorized to be imposed by this subpart shall constitute a debt due the county and may be collected by civil suit, in addition to all other methods provided by law and in this subpart. The taxes, together with interest and penalties with respect thereto, shall constitute and be secured by a lien upon the property of any person from whom the taxes are due or who is required to collect the taxes. All the provisions of the revenue laws of the state which apply to the enforcement of liens for license taxes due the state shall apply fully to the collection of the taxes herein authorized to be levied, and the State Department of Revenue, for the use and benefit of the county, shall collect such taxes and enforce this subpart and shall have and exercise for such collection and enforcement all rights and remedies that the State Department of Revenue has for collection of the state sales tax and the state use 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 taxes authorized to be levied by this subpart and otherwise to enforce the provisions of this subpart, including the institution, prosecution, and defense of any litigation involving this subpart; and the department shall pay such special counsel such fees as it deems necessary and proper from the proceeds of the taxes collected by it hereunder.
Ala. Code § 45-28-91.02 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-91.02
Section 45-28-91.02 Applicability and Disposition of Lodging Tax. (Amended by Act 2026-563)
Status: in_force

AMENDED BY ACT 2026-563, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(1) Beginning October 1, 2016, the first four hundred ninety-one thousand dollars ($491,000) of the annual proceeds of any lodging tax due Etowah County pursuant to Section 45-28-243, Section 45-28-243.01, or any other lodging tax payable to the county shall be paid into the county treasury to be distributed to the Etowah County Tourism Board established by this part to be used to carry out the purposes of this part. The remaining portion of the proceeds shall be distributed to the Etowah County Mega Sports Complex Authority.

(2) Notwithstanding any provision of Section 45-28-243 or Section 45-28-243.01, the lodging taxes levied by Section 45-28-243 and Section 45-28-243.01 shall not apply to rooms, lodgings, or accommodations supplied for a period of 30 continuous days or more in any place.
Ala. Code § 45-49A-63.22 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-63.22
Section 45-49A-63.22 Membership Upon Reemployment
Status: in_force

If a uniformed officer’s membership in the plan ends and he or she again becomes a uniformed officer, he or she shall again become a member on the date he or she again becomes a uniformed officer.
Ala. Code § 45-17A-82.10 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-82.10
Section 45-17A-82.10 Use of Authority to Influence Official Action; Candidates for Municipal Office to Take Leave of Absence
Status: in_force

No individual shall use, or promise to use, directly or indirectly, any official authority of influence, whether possessed or anticipated, to affect employment, promotion, pay, or other conditions of employment, either adversely or advantageously, with the city for the purpose of influencing the vote or political action of any person or for any other consideration. No employee of the city shall be denied the right to participate in federal, state, county, and municipal activities, except as limited by federal or state law. A covered employee who is a candidate for municipal office in the City of Tuscumbia shall take a leave of absence beginning on the day he or she files a statement of candidacy and continuing for as long as he or she is a candidate for the office.
Ala. Code § 45-30-140.08 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-140.08
Section 45-30-140.08 Election Procedures
Status: in_force

(a) The election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and canvassing returns at a general election shall apply to the elections for fire district funding.

(b) When a petition for the holding of an election is filed with the judge of probate not less than 30 days and not more than 90 days prior to some other election to be held in the territory in which the election is sought by the petition, the judge of probate shall order the election sought by the petition to be held the same day as the other election held. The county governing body shall pay for the necessary expenses of advertising and conducting the election out of the general funds of the county.

(c) The judge of probate shall give notice of any election held under Section 45-30-140.04, publishing for three weeks, at least once a week, on the same day of each week, in a newspaper of general circulation in the territory where the election is to be held, a notice that on the day fixed for the election, the location of the election, and the questions to be voted on shall be submitted to the electors of the territory.
Ala. Code § 45-34-240.01 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-240.01
Section 45-34-240.01 Additional Expense Allowance; Salary Increases
Status: in_force

(a) Commencing on April 1, 2017, the Revenue Commissioner of Henry County shall receive an annual expense allowance of five thousand dollars ($5,000) payable in equal monthly installments. This expense allowance shall be in addition to all other compensation or benefits granted to the revenue commissioner, including, the compensation provided in Section 45-34-240.

(b) Effective beginning the next term of office, the annual salary of the Revenue Commissioner of Henry County shall be increased by five thousand dollars ($5,000) and the expense allowance provided for in subsection (a) shall be null and void.

(c) Notwithstanding any other provision of law, in addition to any other compensation provided to the revenue commissioner, the revenue commissioner shall continue to receive any cost-of-living or other salary increases granted by the county commission to other elected officials in the county.
Ala. Code § 45-29A-20 — Alabama Code / Title 45 / Chapter 29A / Section 45-29A-20
Section 45-29A-20 Court Costs
Status: in_force

(a)(1) Notwithstanding any special, local, or general law to the contrary, there is levied additional court costs and charges of fifteen dollars ($15) upon any criminal or civil cases including, but not limited to, felony cases, misdemeanor cases, and traffic violation cases whose jurisdiction is in the Town of Berry Municipal Court of the Twenty-fourth Judicial Circuit. The costs and charges levied by this section shall be in addition to all other costs and charges presently levied and shall be collected as other costs and charges. The levy of the costs and charges shall commence on July 1, 2010, and all cases pending at the time shall be subject to the levy of costs and charges.

(2) All money derived from the costs and charges provided herein shall be remitted to the Town of Berry and placed in a special fund known as the hazardous duty pay fund. Hazardous duty pay, as provided in this section, shall be paid exclusively from the fund and all funds deposited shall be used pursuant to this section.

(3) In the event funds collected pursuant to this section are insufficient to pay the monthly hazardous duty pay to each police officer, the Town Council of Berry shall have no responsibility or liability to pay the payments and all hazardous duty pay shall be suspended until sufficient funds are collected and deposited in the hazardous duty pay fund.

(b)(1) In addition to all other compensation presently paid, each sworn officer employed full time by the Town of Berry, shall be entitled to hazardous duty pay equal to one hundred fifty dollars ($150) per month. The sum shall be paid in the same manner as the salary of police officers except that the Town Council of Berry, in its discretion, may elect to pay all of the sum in one pay period each month.

(2) The Town Council of Berry shall begin paying the hazardous duty pay as provided herein the first pay period the funds are available to cover the sum needed.

(3) The Town Council of Berry may increase hazardous duty payments to police officers in its discretion, provided that all increases are paid from the hazardous duty pay fund created by this section.
Ala. Code § 45-37A-54.71 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-54.71
Section 45-37A-54.71 Bond of Treasurer
Status: in_force

The treasurer of the authority shall give bond in such sum as the authority may prescribe for the faithful performance of his or her duties and the safe custody of the funds, which bond shall be executed by a surety company authorized to engage in the surety business in the State of Alabama and the premium on which bond shall be paid out of the funds of the authority. The treasurer shall keep books showing accurately the financial condition of the authority.
Ala. Code § 45-31-100.20 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-100.20
Section 45-31-100.20 Composition of Board; Districts
Status: in_force

(a) The Geneva County Board of Education shall consist of five members, each elected from a separate single-member district, nominated and elected by the qualified electors of the district. The members shall take office as provided by general law.

(b)(1) At the election in 2004, members shall be elected to serve terms of office as follows: The members elected from District 1 and District 4 shall serve terms of six years; the members elected from District 2 and District 5 shall serve terms of four years; and the member elected from District 3 shall serve a term of two years.

(2) Upon completion of the terms of office provided in subdivision (1), and thereafter, members shall be elected to serve terms of six years as provided by general law.

(c) Each board member shall be a resident of the single-member district from which the member is elected. The residency shall have been established at least one year before the general election at which the member is elected.

(d) Geneva County, excluding the area located within the corporate limits of the City of Geneva, shall be divided into five districts which shall be substantially equal in population according to the last federal decennial census. The initial boundaries of the districts shall be based upon a map filed in the office of the Judge of Probate of Geneva County by the members of the current Geneva County Board of Education.

(e) Following the release of any federal decennial census, the board, by majority vote, may change the boundaries of the five single-member districts in order to comply with the one-person, one-vote requirement of the federal constitution. Any revised district arrangement to be used, in whole or in part, shall be approved by the board not later than 180 days prior to the election in which it shall first be used.

(f) No change to the boundaries of existing districts shall be adopted by the board unless the board first shall have advertised in a newspaper of general circulation in Geneva County for at least two consecutive weeks the time and place of the meeting at which the change shall be voted upon. The advertisements shall include either a map of the county indicating the proposed district boundaries, or notification that a map indicating the proposed district boundaries is available for inspection at a specific public location, where the map shall be displayed for at least two consecutive weeks preceding the meeting of the board at which the resolution shall be considered, or both.

(g) Any resolution changing district boundaries shall describe the revised district boundaries by reference to standard census units, or county voting precincts, or both.

(h) Upon passage of any resolution effecting changes in district boundaries pursuant to this section, the board shall file with the Geneva County Judge of Probate a certified copy of the resolution, together with a map of the county showing the revised district boundaries.

(i) Nothing in this section shall be construed to restrict or limit the freedom of a student to enroll in the school district of his or her choice.
Ala. Code § 45-30-250.13 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-250.13
Section 45-30-250.13 Exemption from Usury Statutes
Status: in_force

The authority now or hereafter organized under this article is exempted from the laws of the state governing usury and prescribing or limiting interest rates, including, without limitation, Chapter 8 of Title 8.
Ala. Code § 45-45-201.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-201.01
Section 45-45-201.01 Director - Election; Term; Vacancies
Status: in_force

Upon written notification to the county commission by the director of the department holding office on April 13, 1998, of the director’s intention to retire on a future specified date, a succeeding director of the department shall be elected by the qualified voters of the county at the next countywide election and every six years thereafter. The director shall serve for a term of six years. Any vacancy in the office of the director of the department, because of death, resignation, or otherwise, shall be filled by appointment by the Governor. The appointee shall serve as director until the end of the unexpired term of the previously elected director.
Ala. Code § 45-28A-30.01 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-30.01
Section 45-28A-30.01 Board of Education - Expense Allowance
Status: in_force

Each member of the Attalla City Board of Education shall receive an expense allowance in the amount of three hundred dollars ($300) per month. This expense allowance shall be in addition to any other compensation provided by law.
Ala. Code § 45-51-220.09 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-220.09
Section 45-51-220.09 Hunting Preserve - Violations; License Revocation
Status: in_force

Any person, firm, or corporation who is found guilty of operating a licensed hunting preserve in violation of this article, upon conviction, shall have his or her hunting preserve license revoked forthwith.
Ala. Code § 45-19-141.11 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-141.11
Section 45-19-141.11 Disposition of Funds
Status: in_force

The association shall retain five percent of the gross proceeds from each district to be used, after approval by a majority vote of member departments in good standing, for countywide fire protection, fire prevention, and emergency medical services to include, but not be limited to, fire or emergency medical equipment, fire or emergency medical supplies, training, buildings, capital improvements, insurance, dues, and professional services. These proceeds shall not be used for salaries, entertainment, or fund-raising purposes. Any proceeds from the association’s five percent share of the fees collected that are unexpended or not appropriated at the end of the fiscal year shall remain in the association’s treasury for appropriation and use during any fiscal year thereafter. These proceeds shall be administered by the association in compliance with all applicable requirements of the Department of Examiners of Public Accounts. The association shall distribute all funds beyond the five percent retained to the individual fire departments by district. The nomenclature of distribution by districts shall be determined by majority vote of the Coosa County Association of Volunteer Fire Departments and confirmed by the Coosa County Commission.
Ala. Code § 45-52A-34.08 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-34.08
Section 45-52A-34.08 Certificate of Appropriateness for Modification, Erection, or Demolition; Applications; Rulemaking Authority; Design Standards; Records
Status: in_force

(a) No change in the exterior appearance of an historic property or any building, structure, or site within an historic district may be made, and no historic property may be demolished, and no building or structure in an historic district may be erected or demolished unless and until a certificate of appropriateness for the change, erection, or demolition is approved by the commission. Signs shall be considered as structures and no sign on an historic property or in an historic district shall be changed, erected, or demolished unless and until a certificate of appropriateness is approved by the commission. The requirement of a certificate of appropriateness shall apply to public property which has been designated as an historic property or which is contained in an historic district, and shall apply to all actions by public authorities which involve historic properties and properties within historic districts. Demolition by neglect and the failure to maintain an historic property or a structure in an historic district shall constitute a change for which a certificate of appropriateness is necessary. The commission may include selection of paint colors as changes requiring a certificate of appropriateness. The painting of originally unpainted surfaces shall require a certificate of appropriateness.

(b) The commission shall adopt rules and regulations setting forth the procedure for submission and consideration of applications for certificates of appropriateness, and no certificate of appropriateness shall be approved unless an application for a certificate of appropriateness is submitted to the commission accompanied by such drawings, photographs, and plans, as may be required by the commission.

(c) The commission shall adopt general design standards which shall apply in considering the granting and denial of certificates of appropriateness.

(d) Applications for certificates of appropriateness shall be considered by the commission at public meetings, held at times and places and pursuant to such notices as are specified in the ordinance creating the commission.

(e) The commission may adopt an expedited procedure for approval of routine maintenance to historic properties, or to buildings or structures in historic districts. The expedited procedure may waive the requirements for submission of an application for a certificate of appropriateness and for consideration at a public meeting.

(f) The commission shall keep a record of all applications for certificates of appropriateness and requests for approval of routine maintenance and of all of its proceedings.
Ala. Code § 45-20-230 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-230
Section 45-20-230 Salary
Status: in_force

(a) Commencing with the next term of office in January 1999, the annual salary of the Sheriff of Covington County shall be forty eight thousand dollars ($48,000), which shall be paid in the same manner and at the same time as other county employees.

(b) The salary provided in this section shall be in lieu of any other salary provided for by general or local law.
Ala. Code § 45-41A-10.20 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.20
Section 45-41A-10.20 Existence of Authority to Prevent Subsequent Incorporation
Status: in_force

The existence of the authority incorporated under this part shall prevent the subsequent incorporation hereunder of another authority pursuant to authority granted by this part.
Ala. Code § 45-5-242 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-242
Section 45-5-242 Levy of Gasoline Tax; Use of Proceeds
Status: in_force

(a) The following words, when used in this section shall have the meaning ascribed to them below, unless the context clearly indicates a different meaning:

(1) “Gasoline” means any type of gasoline, naptha, or other liquid motor fuel, or any device or substitute therefor, commonly used in internal combustion engines.

(2) “Diesel fuel” means any type diesel oil, tractor fuel, gas oil, distillate or liquefied gas, jet fuel, or any device or substitute therefor.

(3) “Kerosene” means the product known commercially as “kerosene oil.”

(b) In addition to all other taxes and licenses, there is hereby levied upon every distributor, refiner, retail dealer, or storer of gasoline, kerosene, or diesel fuel in Blount County, Alabama, an excise tax of one cent ($.01) per gallon upon the selling, distributing, storing, or withdrawing from storage in Blount County for any use, gasoline, kerosene, or diesel fuel as defined by this section; provided, the tax shall not be levied or paid on the sale of gasoline, kerosene, or diesel fuel in interstate commerce or to the government of the United States or its agencies, or direct to the State of Alabama. When the tax levied herein shall have been paid by a distributor, refiner, retail dealer or storer, such payment shall be sufficient, the intention being that the tax shall be paid but once. The tax shall not be levied or paid on gasoline, kerosene, or diesel fuel which is withdrawn from storage within Blount County for delivery only to a point or points outside the county, when the distributor or seller of such gasoline, kerosene, or diesel fuel prepares and files with the governing body of Blount County written statements sworn to and subscribed, in such form as may be required by the county governing body, showing the name and address of the person to whom the gasoline, kerosene, or diesel fuel is or has been delivered by the distributor; the volume and kind of such gasoline, kerosene, or diesel fuel; the dates of such withdrawals; and the point or points outside the county to which such gasoline, kerosene, or diesel fuel is delivered or is to be delivered.

(c) On or before the twentieth day of each month after March 1, 1956, every person upon whom the tax levied herein is imposed shall render to the governing body of Blount County, on forms prescribed by the county governing body, a true and correct statement of all sales and withdrawals of gasoline, kerosene, or diesel fuel liable for payment of the tax imposed by this section made by them during the next preceding month; shall furnish to the county governing body such additional information as the county governing body may require upon blanks to be formulated and furnished by the county governing body; and, at the time of making such report, shall pay to the county governing body the tax levied by this section upon such sales and withdrawals. The statement herein required to be made by the distributor, storer, or retail dealer shall be sworn to before some officer authorized to administer oaths. Any false statement sworn to shall constitute perjury, and upon conviction thereof the person so convicted shall be punished as provided by law.

(d) All distributors, storers, or retail dealers shall keep for not less than two years within the State of Alabama at some certain place or office such books, documents, or papers as will clearly show the amount of sales or withdrawals of gasoline, kerosene, or diesel fuel made in Blount County and subject to the tax levied by this section.

(e) Within 30 days of March 1, 1956, every distributor, storer, or retail dealer engaged in the sale or withdrawal of gasoline, kerosene, or diesel fuel in Blount County shall make a report on blanks furnished under subsection (c) hereof to the governing body of the county, showing the place and post office address at which his or her business of distributor or storer or retail dealer in gasoline, kerosene, or diesel fuel is located in the county, which information shall be entered by the county governing body 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 county governing body 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 March 1, 1956, no person shall become a distributor, storer, or retail dealer of gasoline, kerosene, or diesel fuel in Blount County until he or she shall have made such report to the county governing body.

(f) If any distributor, storer, or retail dealer in gasoline, kerosene, or diesel fuel in Blount County fails to make any report required by this section, or fails to comply with any regulation adopted by the county governing body for the collection of the tax, or fails to make any report within the time prescribed, or fails to pay the tax imposed within the time fixed for the payment thereof, such distributor, storer, or retail dealer shall be guilty of a misdemeanor, and upon the conviction thereof shall be fined not less than fifty dollars ($50) nor more than three hundred dollars ($300) for each offense.

(g) It shall be the duty of the court of county commissioners, board of revenue, or like governing body of Blount County to enforce this section, and to make any and all rules and regulations necessary and proper for the collection of the tax levied herein. The county governing body or any member thereof or its agents shall have the right to examine the books, reports, and accounts of every distributor, storer, or retail dealer of gasoline, kerosene, or diesel fuel subject to such tax.

(h) If any distributor, storer, or retail dealer in gasoline, kerosene, or diesel fuel fails to make monthly reports or fails to pay the tax imposed under this section, the tax shall be deemed delinquent within the meaning of this section and there shall be added to the amount of the tax a penalty of 25 percent; provided, however, that if in the opinion of the county governing body a good and sufficient cause and reason is shown for such delinquency, the penalty may be remitted. The county governing body is hereby authorized and empowered to make returns for delinquent taxpayers upon such information as it may reasonably obtain and add to that the penalty as prescribed by this section. If any person shall be delinquent in the payment of any tax imposed by this section, the county governing body shall issue execution for the collection of the same, directed to any sheriff of the State of Alabama, who shall proceed to collect the same in the manner now provided by law for the collection of delinquent taxes by the county tax collector, and make return of such execution to the governing body issuing the same. The tax levied by this section and the penalty herein provided for shall be held as a debt payable to the county by the person against whom the same shall have been imposed or against whom the penalties shall have accrued; and all such taxes and penalties shall be a lien upon the property in the county and elsewhere in this state of the person against whom the tax shall have been imposed and the penalties shall have accrued.

(i) The acceptance of any amount paid for the excise tax levied by this section shall not preclude the collection of the amount actually due. However, the amount actually paid shall constitute a credit against the amount actually due.

(j) Any distributor, storer, or retail dealer who violates any provision of this section or who fails to comply with any reasonable rule or regulation promulgated hereunder may be restrained by proper legal proceedings from distributing, selling, storing, or withdrawing from storage any gasoline, kerosene, or diesel fuel the sale or withdrawal of which is taxable, until such person or persons shall have complied with the provisions of this section. Such proceedings shall be instituted in the name of Blount County by counsel chosen by the county governing body.

(k) Each agent of any railroad company, bus, or truck operator or other transportation company or agency operating in Blount County shall report to the county governing body on the first day of October, January, April, and July of each year all shipments of gasoline, kerosene, or diesel fuel as defined in this section handled by him or her or through the station or office at which he or she is agent, and delivered to any person in Blount County, Alabama, during the preceding three months, giving the names and addresses of the consignor and consignee shipping and receiving gasoline, kerosene, or diesel fuel and the number of gallons or pounds contained in each and every shipment.

(l) The proceeds of the tax levied by this section shall be paid into a special fund, and a one-time distribution of three hundred thousand dollars ($300,000) shall be made to the county general fund from the special fund upon the recommendation of the chairman of the county commission.

(m) The governing body of Blount County shall be charged with the duty of enforcing the provisions of this section and is hereby authorized and empowered to employ such clerical assistants and inspectors, and fix their rate of pay, as may be necessary in aiding them in the enforcement of the provisions of the section. The salaries of such clerical assistants and inspectors, and other necessary expense of enforcing this section, shall be paid from the proceeds of the tax levied herein.
Ala. Code § 45-17-82.40 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-82.40
Section 45-17-82.40 Reimbursement from General Fund; Due Care
Status: in_force

(a) The Colbert County governing body shall reimburse the office of the probate judge from the general fund of the county the amount of any monetary loss, not to exceed a total of twenty-five hundred dollars ($2,500) per annum, arising or caused by error, if the mistake or omission was caused without the personal knowledge of the judge of probate, including loss arising from acceptance of worthless or forged checks, drafts, money orders, or other written orders for money or its equivalent.

(b) It shall be the duty of the probate judge to ensure that his or her employees exercise due care in performing their duties and to make a diligent effort to correct the errors, mistake, or omission and collect the amount subject to potential loss immediately upon becoming aware of the potential loss. This section shall not apply to any deliberate misuse or misappropriation of funds by the probate judge or any clerk or employee of his or her office.
Ala. Code § 45-2-180 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-180
Section 45-2-180 Regulation of Billboards Along the Foley Beach Express
Status: in_force

(a) This section shall apply only within the unincorporated areas of Baldwin County.

(b)(1) In the unincorporated areas of Baldwin County, the county commission may regulate and shall have exclusive zoning authority to regulate billboards, including, but not limited to, the size and location of any billboards, outside of the corporate limits of any municipality along the Foley Beach Express, otherwise known as the Eastern Corridor.

(2) This section is supplemental to Division 3 of Article 9 of Chapter 1 of Title 23.
Ala. Code § 45-16A-40 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-40
Section 45-16A-40 Short Title; Adoption of Procedures
Status: in_force

(a) This subpart shall be known and may be cited as the “Kinston Speed Limit Safety Act.”

(b) The Town of Kinston, Alabama, by municipal ordinance, may adopt the procedures set out in this subpart.
Ala. Code § 45-23-11 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-11
Section 45-23-11 Board of Equalization; Board of Registrars; Jury Commission Members
Status: in_force

(a) In Dale County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to each member of the board of equalization, each member of the board of registrars, and each member of the jury commission of the county an expense allowance in such an amount as will, together with any amount paid by the state, as salary, compensation, or expense allowance, make the total paid to such members equal thirty-five dollars ($35) per day. If the amount paid to such members as compensation or expense allowance by the state increases in the future, then the amount paid by the county under this section shall automatically decrease.

(b) The amount paid under this section shall be paid out of the county general fund and shall be paid only when the members of the board of equalization, members of the board of registrars, and the members of the jury commission actually attend meetings of their respective bodies. The jury commission is authorized to meet for a total of 40 days each year.
Ala. Code § 45-10-243.02 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-243.02
Section 45-10-243.02 Monthly Report; Payment of Tax; Records; Penalties
Status: in_force

(a) The tax levied by this part, except as otherwise provided, shall be due and payable to the Department of Revenue on or before the 20th day of the month next succeeding the month in which the tax accrues. On or before the 20th day of each month, every person on whom the tax is levied by this part shall render to the Department of Revenue on a form prescribed by the department, a true and correct statement showing the gross proceeds of the business subject to the tax for the then preceding month, together with other information as the department requires. At the time of making the monthly report, the taxpayer shall compute and pay to the department the amount of tax shown due. A person subject to the tax who conducts business on a credit basis may defer reporting and paying the tax until after the person has received payment of the items, articles, or accommodations furnished. In the event the taxpayer defers reporting and paying the 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.

(b) It shall be duty of every person engaged or continuing in a business subject to the tax levied by this part to keep and preserve suitable records of the gross proceeds of the business and other books or accounts necessary to determine the amount of tax for which he or she is liable pursuant to this part. The records shall be kept and preserved for a period of two years and shall be open for examination at all times by the Department of Revenue or by a duly authorized agent, deputy, or employee of the department.

(c) A person who fails to pay the tax levied by this part within the time required by this part shall pay in addition to the tax a penalty of 10 percent of the amount of tax due, together with interest from the date on which the tax became due and payable at the rate due and payable on the state lodging tax. The penalty and interest shall be assessed and collected as a part of the tax. The Department of Revenue may, if good and sufficient reason be shown, waive or remit the penalty or a portion of the penalty.
Ala. Code § 45-37A-51.240 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.240
Section 45-37A-51.240 Law Applicable to Measurement of Benefits
Status: in_force

The rights of any person heretofore or hereafter retired shall continue to be measured and governed by the terms of the system in effect at the time of such retirement and should such person die during continuance of such retirement the right of the spouse, child, or children of such deceased retired person and the rights of the spouse, child, or children of any other deceased person or participant shall be measured and governed by the terms of the system in effect at the time of the death of such deceased person or participant.
Ala. Code § 45-10-10 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-10
Section 45-10-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Cherokee County local laws enacted after 1978 and all Cherokee 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 affect 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 § 45-5-141 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-141
Section 45-5-141 Fire Districts; Rules and Regulations; Boundaries
Status: in_force

(a) In Blount County the county commission shall have the power and authority to establish rules and regulations governing the establishment, operation, and control of fire districts on matters not specifically covered by local or general law.

(b) The Blount County Commission shall have the authority to establish fire district lines and boundaries within the county.

(c) All rules and regulations promulgated under authority of this section by the Blount County Commission shall be in consultation with the Blount County Fire Protection Association: However, if there is a conflict between the county commission and the Blount County Fire Protection Association as to the establishment or promulgation of a rule or regulation, the decision of the Blount County Commission shall be final.
Ala. Code § 45-2-243.26 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-243.26
Section 45-2-243.26 Exemptions
Status: in_force

(a) There are exempted from the provisions of the tax levied by this subpart and from the computation of the amount of the tax levied or payable the following: Charges for property sold or services furnished which are required to be included in the tax levied by the state sales tax act; charges for the rental of rooms, lodgings, or accommodations to a person for a period of 30 continuous days or more pursuant to the exemption provision of Alabama’s transient occupancy tax, Section 40-26-1. A subsequent amendment or change to the Alabama transient occupancy tax shall also have the effect of similarly changing the exemption provision of this subpart.

(b) Notwithstanding the aforesaid provisions of this section, the tax shall not apply to the rental of living accommodations which are intended primarily for rental to persons as their principal or permanent place of residence.
Ala. Code § 45-2-182 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-182
Section 45-2-182 Regulation of Motor Vehicle Wreckers
Status: in_force

(a) In Baldwin 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 disable. 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-51.239 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.239
Section 45-37A-51.239 Payment of Benefits to Minor Children
Status: in_force

In the event that benefits become payable hereunder to minor children, payments shall be made to the legal guardian of the minor children or, in the absence of a legal guardian, to the person who has custody of the children. The benefit shall be payable to the use and benefit of the children.
Ala. Code § 45-8A-22.67 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.67
Section 45-8A-22.67 List of Retired Police and Firefighters
Status: reserved

Repealed by Act 2012-484, §1, effective May 16, 2012.
Ala. Code § 45-17A-82.05 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-82.05
Section 45-17A-82.05 Civil Service Board - Recordkeeping; Clerical Assistance
Status: in_force

The board shall keep minutes of its meetings and a record of all business transacted by it. Its records, except those which the rules of the board require to be held confidential for reasons of public policy, shall be open for inspection by any resident of the city at all reasonable times upon reasonable request. No duplication of records shall be allowed except as otherwise authorized by state law. Records shall be examined on city premises and shall not be removed from city premises. The city shall furnish clerical assistance as needed by the board and shall act as the custodian of the records of the board.
Ala. Code § 45-2-42.01 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-42.01
Section 45-2-42.01 Board of Directors
Status: in_force

(a) All powers of the authority shall be exercised by a board of directors, which shall consist of all the following:

(1) The chief executive officers of the South Alabama Chamber of Commerce and the Alabama Coastal Business Chamber, ex officio, each of whom shall be a voting member.

(2) Three business members of the South Alabama Chamber of Commerce selected by the chief executive officer of that chamber, each of whom shall be a voting member.

(3) Three business members of the Alabama Coastal Business Chamber selected by the chief executive officer of that chamber, each of whom shall be a voting member.

(4) The Mayors of the Cities of Gulf Shores, Orange Beach, and Foley, ex officio, each of whom shall be a non-voting member.

(5) Up to three additional members appointed by majority vote of the board of directors, who shall be voting members.

(b) The appointing authorities shall coordinate their appointments to ensure the membership of the board of directors is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(c) The appointing authorities shall make their first appointments under subdivision (2) and (3) of subsection (a) no later than May 14, 2022. Upon the final appointment under subdivisions (2) and (3) of subsection (a), or upon the conclusion of the 30-day period, whichever is sooner, the initial terms of those appointed members of the board of directors shall commence. The board of directors may not take any action until the initial terms of those appointed members of the board of directors commence pursuant to this subsection.

(d)(1) Members appointed under subdivisions (2) and (3) of subsection (a) shall each serve a term of three years, except that the appointing powers shall designate that one of their initial appointees shall serve an initial term of one year, one shall serve an initial term of two years, and one for a term of three years, so that the terms are staggered.

(2) Members appointed under subdivision (5) of subsection (a) shall serve for a term of one year from the date of their appointment.

(e) In the event of any vacancy in any seat that is filled by appointment, a successor shall be appointed in the same manner as the seat was previously filled, and the appointee shall serve for the remainder of the term for the seat that was vacated.
Ala. Code § 45-37A-56.36 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-56.36
Section 45-37A-56.36 Use of Proceeds from Sale of Bonds
Status: in_force

The proceeds derived from the sale of any bonds, other than refunding bonds may be used only to pay the cost of acquiring, constructing, improving, enlarging, and equipping the parking facilities or property with respect to which they were issued, as may be specified in the proceedings in which the bonds are authorized to be issued. Such cost shall be deemed to include the following: The cost of any land forming a part of such facilities; the cost of labor, material, and supplies used in any such construction, improvement, or enlargement, including architects’ and engineers’ fees and the cost of preparing contract documents and advertising for bids; the purchase price of and the cost of installing equipment for the facilities; the cost of landscaping the lands forming a part of such facilities and of constructing and installing roads, sidewalks, curbs, gutters, and utilities in connection with the facilities; legal, fiscal, and recording fees and expenses incurred in connection with such facilities; and interest on the bonds for a reasonable period prior to and during the time required for such construction and equipment and for not exceeding 18 months after completion of such construction and equipment. If any of the proceeds derived from the sale of the bonds remains undisbursed after completion of such work and payment of all of the costs and expenses, such balance shall be used for retirement of the principal of the bonds of the same issue.
Ala. Code § 45-21-242.07 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-242.07
Section 45-21-242.07 Disposition of Funds
Status: in_force

The proceeds from the tax authorized less the actual cost of collection, not to exceed five per centum shall be paid by the State Department of Revenue to the Crenshaw County Commission on a monthly basis. Each municipal fire chief may expend that department’s share in any manner he or she deems necessary for the operation and equipment for that fire department, except none shall be expended for salaries. Volunteer fire departments and rescue squads shall expend their shares only as prescribed in their respective bylaws or articles of incorporation, except no proceeds distributed under this part shall be expended for salaries. The funds shall be divided equally among the eligible fire departments, rescue squads, and Crenshaw County Association of Volunteer Fire Departments.
Ala. Code § 45-56-243.04 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-243.04
Section 45-56-243.04 District Community Service Grant Authority
Status: in_force

There is created the District Community Service Grant Authority consisting of the senator from Senate District 13 and the House members from House Districts 37 and 38. The District Community Service Grant Authority shall allocate funds distributed to the authority.
Ala. Code § 45-49-120.08 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-120.08
Section 45-49-120.08 Rulemaking Authority
Status: in_force

(a) The director shall recommend such rules as he or she may consider necessary, appropriate, or desirable to carry out this part, and may from time to time recommend amendments thereto. When such rules or amendments are recommended by the director, the board shall hold a public hearing thereon, and at or after such hearing shall approve or reject the recommendations of the director wholly or in part or to modify them and approve them as so modified. Rules hereunder shall be recommended by the director with or without the advice of any appointing authorities as soon as practicable after his or her appointment. The board shall have power on its own initiative to propose rules, amendments, or additions to the rules and, after holding a public hearing thereon, adopt, modify, or reject them.

(b) Rules adopted under this section shall have the force and effect of law.

(c) Among other things, such rules shall provide for the method of administering the classification plan and the pay plan; the establishment, maintenance, consolidation, and cancellation of lists; the charge, if any, to be made for receipt of applications or admission to tests; the application of service ratings; the hours of work, attendance regulation, and leaves of absence for employees in the classified service; and the order and manner in which layoffs shall be effected. Such rules may include any provisions relating to the classified service, not inconsistent with the laws of the state, which may be necessary or appropriate to give effect to the provisions and purposes of this part.

(d) The powers herein conferred upon the director shall be subject only to this part and of the rules adopted hereunder, and may be exercised by regulation or by order as the director sees fit. His or her powers and duties shall not be limited or restricted by the authorization to adopt rules, except to the extent that rules are adopted thereunder.
Ala. Code § 45-3A-50 — Alabama Code / Title 45 / Chapter 3A / Section 45-3A-50
Section 45-3A-50 State Parks; Rules and Regulations
Status: in_force

The governing body of the City of Eufaula located in Barbour County shall have the authority and the duty to fix reasonable rules and regulations for the sale of alcoholic beverages by licensees of the Alabama Alcoholic Beverage Control Board within the premises of any state park located in the corporate limits of such city, including rules and regulations as to times and places wherein alcoholic beverages may be sold within any such state park, and the types of meetings and functions at which the same may be sold.
Ala. Code § 45-45-111 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-111
Section 45-45-111 Compensation
Status: in_force

(a) The Madison County Commission may provide compensation to election officials in addition to that now provided by law, in an amount not less than ten dollars ($10) per diem.

(b) This additional compensation shall be appropriated from the county general fund.
Ala. Code § 45-29-170 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-170
Section 45-29-170 Board of Health Fees
Status: in_force

(a) The Fayette 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 Department of 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 § 45-4-82 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-82
Section 45-4-82 Motor Vehicle Tag Fees
Status: in_force

An additional fee of one dollar fifty cents ($1.50) shall be collected by the probate judge for motor vehicle tags in Bibb County and be deposited in the general fund of the county one dollar ($1) of that amount shall be distributed for ambulance service and fifty cents ($.50) shall be distributed to volunteer fire departments, both of which are hereby declared to be essential public services.
Ala. Code § 45-35-232.24 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-232.24
Section 45-35-232.24 Disposition of Funds
Status: in_force

(a) Funds collected pursuant to this subpart shall be expended for its implementation, including, but not limited to, paying salaries and other expenses involved in:

(1) Screening and making investigations and studies necessary to determine whether or not a particular prisoner will be granted the privileges of this subpart.

(2) Transporting the prisoner to and from the places of employment.

(3) Matching any federal or state grants or funds which may be available for the purposes of this subpart.

(b) If, at the end of any calendar year, there remains a surplus in the Houston County Work Release and Pretrial Release Fund, the surplus shall be paid into the General Fund of Houston County, and the presiding judge of the Twentieth Judicial Circuit shall certify in writing to the Chair of the Houston County Commission that in the judgment of the presiding judge the surplus, or any portion thereof, is in excess of an amount necessary to implement this subpart.
Ala. Code § 45-37A-52.55 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.55
Section 45-37A-52.55 Officers
Status: in_force

At the first meeting, which shall be held immediately following May 5, 2016, and then subsequently at the first meeting held after the election of the council after May 5, 2016, and every two years thereafter, the council shall elect an officer of the city who shall have the title of president of the council and shall preside at meetings of the council and a president pro tem, who shall act as president of the council during the absence or disability of the president. The terms of office of the president and the president pro tem shall be two years and until successors are elected and qualified. If a vacancy shall occur in the office of president of the council, the council shall elect a successor for the completion of the unexpired term. Both the president of the council and the president pro tem shall be elected from among the council members.
Ala. Code § 45-55A-100 — Alabama Code / Title 45 / Chapter 55A / Section 45-55A-100
Section 45-55A-100 Regulation of Sale and Consumption of Alcoholic Beverages on Sunday
Status: in_force

The City Council of the City of Troy, by ordinance, may regulate and permit the sale of alcoholic beverages for on-premises and off-premises consumption after 12:00 p.m. on Sundays, as determined by the governing body, by properly licensed retail licensees of the Alcoholic Beverage Control Board serving the general public.
Ala. Code § 45-49-234 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-234
Section 45-49-234 Jail Store; Disposition of Funds
Status: in_force

(a) The Sheriff of Mobile County or the authorized agents of the sheriff may operate a jail store for prisoners within the confines of the county jail. The jail store shall be operated to serve the needs of the jail population.

(b)(1) The sheriff shall establish and maintain a Law Enforcement Fund in a bank located in Mobile County. All proceeds collected under this section shall be deposited by the sheriff into the Law Enforcement Fund.

(2) The sheriff or authorized agent of the sheriff shall keep an account of all jail store sales and transactions of the Law Enforcement Fund for audit by the Department of Examiners of Public Accounts. The jail store account and Law Enforcement Fund shall be audited at the same time other accounts of the sheriff are audited.

(c) All profits realized in the operation of the jail store shall be expended for any lawful purposes by the sheriff for the operation of the office of the sheriff including, but not limited to, office equipment, communication equipment, expense allowances, training, the operation of the Mobile County Jail, and any other expenses for the enhancement of law enforcement in the county. No expenditure shall be made for the personal benefit of the sheriff or for salary increases or additional compensation to any deputy or other sheriff’s office personnel.

(d) The establishment of the Law Enforcement 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.

(e) Any actions relating to the operation of a jail store in the county jail prior to May 21, 2009, are ratified and confirmed. Any existing proceeds derived from the operation of the jail store in the county jail prior to May 21, 2009, shall be deposited into the Law Enforcement Fund created by this section.
Ala. Code § 45-39-82.05 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-82.05
Section 45-39-82.05 Program Requirements; Records Restorative Justice Initiative
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, his or her right to a speedy trial.

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

(3) Waive, in writing, his or her right to a jury trial.

(4) Provide a statement written by the offender, admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program, which statement shall be admissible in any criminal trial.

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

(6) 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.

(7) Agree in writing to the jurisdiction of the court beyond completion of any disposition of the case, end of sentence, termination of parole or probation, or conclusion of the pretrial diversion program to enforce collection of restitution, cost of court, fines, fees, or other agreed upon or court ordered monies, pursuant to Section 12-17-225.

(b) Pretrial diversion program records or records related to pretrial diversion program admission, with the exception of the statement of the applicant concerning his or her involvement in the crime charged, shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors and offenders shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest to the contrary.

(c) As part of the pretrial diversion program, the district attorney may establish a restorative justice initiative (RJI) program within the Eleventh Judicial Circuit in Lauderdale County. The guidelines and mechanisms for such an initiative shall be promulgated by the Alabama Office of Prosecution Services. Any additional fees for participation in an RJI program by an offender shall be set by the district attorney and a portion thereof may be paid to any agency or entity that provides services to further the goals and purpose of the RJI program.
Ala. Code § 45-8A-112.03 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-112.03
Section 45-8A-112.03 Employees Governed by Civil Service Rules and Regulations
Status: in_force

All employees of the city shall be governed by civil service rules and regulations prescribed in or promulgated pursuant to this part and administered by a civil service board created under Section 45-8A-112.04. Present employees shall remain in their respective employments during good behavior; but nothing in this part shall be construed to prevent or preclude the removal of an employee for cause as provided for in this part; and the employees, except for appointment, shall be subject fully to this part.
Ala. Code § 45-37-150.18 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-150.18
Section 45-37-150.18 Referendum
Status: in_force

If the vote on the constitutional amendment excepting bingo from the constitutional prohibition against lotteries in Section 65 of the Constitution of Alabama 1901, is approved by a majority of the voters casting ballots thereon in Jefferson County, it shall not be necessary for an election to be held under this article to determine whether the procedures of this article shall be operative in the county. If the amendment passes statewide, but is rejected in Jefferson County, this article shall not be effective until a favorable vote is given by the voters of the county thereon. The governing body of Jefferson County may call and provide for holding a referendum for the purpose of determining if this article shall become operative. The election shall be held and the officers appointed to hold same in the manner provided by law for holding other county elections in the county and the returns thereof tabulated and results certified as provided by law for such elections. The election shall be held not sooner than six months following the election on the constitutional amendment and notice thereof shall be given by publication at least three weeks before the date of the election in a newspaper in the county. The costs of the election, including the cost of notice by publication, shall be paid out of the general funds of the county. On the ballot to be used for such election, the question shall be in the following form:

“Do you favor the operation of bingo games by qualified organizations for charitable purposes in Jefferson County?” If a majority of the votes cast in the referendum are yes, bingo games shall be legal within Jefferson County, and this article shall become operative therein: if the majority of the votes cast in the election are no, this article shall have no further effect until if, in a subsequent referendum, a majority of the votes cast are yes, provided that two years have elapsed between the dates of such elections.
Ala. Code § 45-31-120.14 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-120.14
Section 45-31-120.14 Absences; Hours of Work
Status: in_force

Rules shall be adopted in the manner hereinbefore provided prescribing hours of work and the conditions and length of time for which leaves of absence with pay and leaves of absence without pay may be granted. These shall cover such matters as vacancies, holidays, sick leaves, leaves for military service, and leaves granted so that the employee may seek election to public office.
Ala. Code § 45-40-232.01 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-232.01
Section 45-40-232.01 Law Enforcement Fund
Status: in_force

(a) The Sheriff of Lawrence County, Alabama, may retain the funds accruing from the pay telephones and vending machines in the county courthouse annex and jail in a special fund known as the law enforcement fund which shall be used by the sheriff for law enforcement purposes in the county. The fund shall be managed exclusively by the sheriff.

(b) The sheriff shall prepare an annual report detailing expenditures made during each fiscal year from the law enforcement fund. A copy of the report shall be filed no later than 60 days after the close of each fiscal year with the county commission, the presiding judge of the circuit court of the county, and the county district attorney.
Ala. Code § 45-2-221.04 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-221.04
Section 45-2-221.04 Requirements for Preservation District Designation
Status: in_force

Applicants shall meet requirements of subdivision (1) and one or more of the other following requirements in order to be considered for preservation district designation:

(1) At least 60 percent of the district property owners, which shall also consist of at least 60 percent of the property, shall petition the Baldwin County Commission for a preservation district designation.

(2) Is a geographically definable urban or rural area which contains structures or sites or a combination thereof which have a special character, aesthetic interest or value, and represent one or more period(s) of styles of architecture typical of one or more era(s) of the history of the area constituting a visibly perceptible section of the municipality or county.

(3) Recommendation for designation by any federal, state, or other recognized survey of historic sites or structures.
Ala. Code § 45-28-234.08 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-234.08
Section 45-28-234.08 Powers and Duties of Board
Status: in_force

The board shall perform, but shall not be limited to, all of the following specific duties:

(1) Classify the various types of service under its jurisdiction.

(2) Prescribe minimum qualifications, including those of education, training, and experience to each classification of service.

(3) Provide a salary range, from minimum to maximum salary authorized, for each class of service; however, for a period of five years following December 16, 2016, the minimum salary for any class shall not be less than any existing pay plan for such class or service, provided further that after the five-year period has elapsed, the salary ranges prescribed by the board shall be used exclusively, subject to the budgetary approval of the county commission as otherwise required by state law.

(4) Classify and identify each position of the classified service existing in the present system to its proper class of service in the new system.

(5) Periodically provide for the rating of employees’ performances in the new system.

(6) Establish rules governing appointments, promotions, salary increases or decreases, as well as layoffs, leaves of absence, suspensions, dismissals, terminations, and other disciplinary actions affecting employees.

(7) Hear and decide appeals submitted by any person in the classified service.

(8) Conduct investigations or hearings, examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of the Etowah County Sheriff’s Personnel Board.

(9) Administer oaths to witnesses who appear before the board.
Ala. Code § 45-49-140.33 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-140.33
Section 45-49-140.33 Election Requirements
Status: in_force

(a) If the planned expansion of a municipal police jurisdiction includes any portion of the Turnerville fire protection district, the council or governing body of the respective municipality may request that the Judge of Probate of Mobile County order an election to be held in the affected area. Only those qualified electors residing within the boundaries of the affected area shall participate in the election.

(1) The council or governing body of the municipality may pass a resolution stating that the public health or public good requires that the affected area, as described in the resolution, shall be brought within the police jurisdiction of the municipality.

(2) The mayor or other executive head of the municipality shall certify and file a copy of the resolution together with a map of the area showing its relationship to the municipal police jurisdiction to which the property is proposed to be included, with the judge of probate.

(3) At the election there shall be submitted to the qualified electors residing within the affected area the question: “Shall the following affected area be included within the police jurisdiction of the municipality of ________? Yes___ No___.

“Description of Affected Area

”(insert description)”

(4) Unless the majority of votes cast at the election are in the affirmative on the question of inclusion of the affected area, the affected area shall not be included within the police jurisdiction of the municipality.

(b)(1) Within 10 days of the date of the filing of the certified resolution, the judge of probate shall order an election to be held on a day not less than 20 days nor more than 40 days from the date on which he or she enters the order.

(2)a. The provisions of the election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and canvassing returns at a general election shall apply to any election called pursuant to this subpart.

b. The judge of probate shall give notice of the election by publishing for three weeks, at least once a week, on the same day of each week, in a newspaper of general circulation in the area where the election is to be held, a notice that on the day set for the election the question to be then voted on shall be submitted to the qualified electors of the affected area.

(4) The governing body of the municipality with the expanding police jurisdiction shall pay for the necessary expense of advertising and conducting the election out of the general fund of the municipality.

(c) The police jurisdiction of the municipality shall not include the affected area unless the inclusion is approved by the majority of votes cast at the election at which the proposed inclusion is submitted. Upon the officers canvassing the returns of the election certifying that a majority of votes cast were in favor of the inclusion of the affected area in the police jurisdiction of the municipality, the affected area shall be included within the police jurisdiction of the municipality.
Ala. Code § 45-29-90.11 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-90.11
Section 45-29-90.11 Regulation of Zoning, Planning, and Construction
Status: in_force

For the purpose of promoting the health, safety, morals, convenience, environment order, prosperity, and general welfare, all power and authority regarding zoning and planning within the management area is hereby vested in the board of directors of the authority. As described herein, no regulated activity shall commence without the applicant having first obtained a land use certificate as issued by the authority.

(1) The board is authorized to regulate the planning, zoning, and construction within the management area of all activity involving public streets, public roads, subdivisions, drainage structures in subdivisions, mobile home parks, residential and commercial developments, apartments, recreation parks, coal mining, gas/oil and methane exploration and development, excavation, and logging. The board is hereby authorized to adopt and enforce such ordinances as shall be necessary to implement any development plans approved by the board.

(2) The board may assess the developer of any real property within its jurisdiction a uniform development privilege fee. Any such fees to be deposited to the general fund of the board and used for the general administration of the board.

(3) It shall be the function and duty of the board to make and maintain in an up-to-date manner a master plan and to adopt appropriate zoning, management, and development regulations for the physical development of the area within the Tom Bevill Reservoir Management Area. The board may from time to time amend, extend, delete, or add to the plan of regulations. Nothing in this article shall be construed to impair the right of eminent domain conferred on public utilities, or their right to construct, use, and maintain structures reasonably required in the public service or their right to exercise authority conferred by statutes, franchises, certificates of convenience and necessity, licenses, easements, or conveyances.

(4) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any subdivision is established, or land used in violation of this article or of any regulation made under the authority conferred hereby, the attorney of record for the authority, or other appropriate administrative officer of the authority shall institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or subdivision of the land, or use of the land to restrain, correct, or abate such violation, or to prevent the occupancy of any such building, structure, subdivision of land or to prevent any illegal act, conduct, business, or misuses in or upon any premises regulated under the authority conferred by this article.

(5) The authority under this article shall not conflict with the present or future regulations or policies of the state and county health departments. However, all applications or proposals for disposal of sewage, industrial, chemical, and/or hazardous wastes, regardless of the size of the system or systems, shall be submitted in duplicate to the authority, or its representative. After a reasonable and detailed review, the authority may deny such application if it deems the proposal adverse to health and environmental safety.
Ala. Code § 45-8-241.27 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-241.27
Section 45-8-241.27 Inspection of Reports or Returns
Status: in_force

All reports of returns filed with the State Department of Revenue under this subpart shall be available for inspection by the governing body of Calhoun County, or its designated agent, at reasonable times during business hours.
Ala. Code § 45-57A-63.178 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.178
Section 45-57A-63.178 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 independent status, as the same may apply and be in effect at the time when the city shall elect to be governed by this part, shall continue in full force and effect and without interruption or change as to the establishment or conduct of any authority, board, or agency, until otherwise provided by law.
Ala. Code § 45-17-242.02 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-242.02
Section 45-17-242.02 Use of Stamps for Payment
Status: in_force

The tax herein authorized, when levied in accordance with the provisions of this part, shall be paid through the use of stamps, bearing the words “Colbert County Public Hospital Tax.” Stamps in denominations to the amount of the tax shall be affixed to the box or other container from or in which the tobacco products taxed are normally sold at retail, and shall be affixed in such manner that their removal will require continued application of water or steam; and in case of cigars, chewing tobacco, and like tobacco products, where sales are made from the original box or container, the stamps must be affixed to the box or container in such a way that such stamps shall be torn or mutilated when such containers or boxes are opened for the sale of the tobacco products enclosed therein. In the case of cigarettes, snuff, smoking tobacco, and like tobacco products, sold at retail in any sack, can, bottle, or other such package or container, the required amount of stamps to cover the tax shall be affixed to each individual package or container. Cigars packaged in quantities of two or more and not less or not more than 10 shall have stamps in denominations to the amount of the tax affixed to the box, package, or container in which they are packaged.
Ala. Code § 45-45-220 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-220
Section 45-45-220 Authorization to Prepare Certain Sites and Adjacent Property - Monrovia School District
Status: in_force

(a) The Madison County Commission may prepare sites and adjacent property in the county, accessible by the public, for parks and recreational and public purposes if the prepared property is owned by a tax-exempt nonprofit corporation located in the Monrovia School District.

(b) The Madison County Commission may expend public funds for site preparation as provided in subsection (a).
Ala. Code § 45-52-234.32 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-234.32
Section 45-52-234.32 Exercise of Judicial Powers
Status: in_force

Nothing in this subpart shall interfere with or prevent the exercise by any court of Alabama of its power to punish for contempt or any crime committed under the laws of Alabama.
Ala. Code § 45-38-71.01 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-71.01
Section 45-38-71.01 Sale or Disposal of County Property
Status: in_force

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

(b)(1) All contracts for the sale or disposal of real property, tangible personal property, equipment, or other items owned by or under the control of the county commission shall be let by free and open competitive sealed bids. The chair of the county commission shall certify to the description and condition of the property, shall give jurisdiction in writing for the disposal of the property, shall estimate the value of the property, and shall keep the certification as a part of the permanent record of the commission. Tangible personal property, equipment, or other items owned by or under the control of the county commission which have trade-in value may be offered as a credit against the cost of property purchased in accordance with the Alabama Competitive Bid Law.

(2) Every proposal to make a sale covered by this section shall be publicly advertised for four consecutive weeks in a newspaper of countywide circulation and advertised one time in a newspaper of statewide circulation not less than seven days in advance of the date fixed for closing the receipt of bids. The advertisements shall state a description of the property to be sold along with the date, time, and place of opening of the sealed bids.

(c) All bids shall be publicly opened and all bidders shall be entitled to be present at the bid opening in person or by representative. Any agreement or collusion among bidders or prospective bidders or any other person in restraint of freedom of competition, by any agreement to bid at a fixed price or to refrain from bidding, shall render the bids of the bidders void and shall cause such bidders to be disqualified from submitting further bids on the sale. Any disclosure prior to opening the sealed bids or the terms of a bid shall render the proceedings void.

(d) In lieu of the bidding procedures provided in subsections (b) and (c), tangible personal property, equipment, or other items owned by or under the control of the county commission may be sold at a public auction by public bidding once a year. The date, time, and location of the auction shall be publicly advertised for four consecutive weeks in advance of the auction. A list of the items to be auctioned shall be available in the offices of the county commission.

(e) All proceeds from the sale or other disposition of the property under this section shall be deposited in the fund of the district owning the property or the general fund of the county, if the property was owned by the county.

(f) Anyone who knowingly violates this section shall be guilty of a Class B felony and upon conviction shall be fined up to fifteen thousand dollars ($15,000) and may be imprisoned in the state penitentiary for up to seven years.

(g) Any taxpayer of the area within the jurisdiction of the county and any bona fide unsuccessful bidder on a particular contract may bring a civil action in the appropriate court to enjoin execution of any contract entered into in violation of this section.
Ala. Code § 45-54-242.05 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-242.05
Section 45-54-242.05 Enforcement
Status: in_force

The taxes levied by this subpart, together with the interest and penalties which are authorized herein, shall be a lien upon the property of any person, firm, or corporation liable for taxes under this subpart, and all of the provisions of the revenue laws of the State of Alabama applying to or relating to the enforcement of liens for license taxes due the State of Alabama shall apply fully to the collection of taxes levied by this subpart. The taxes levied by this subpart shall be in addition to all other licenses and taxes levied by law as a condition precedent to engage in any business taxable hereunder in Pickens County.
Ala. Code § 45-49-160.01 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-160.01
Section 45-49-160.01 Interest Earned Form Deposit of Certain Funds
Status: in_force

Notwithstanding any provision of law to the contrary, any and all interest earned from deposits of funds made by the tax collector, license commissioner, county treasurer, or any other county officer collecting county funds shall be deposited into the county general fund prior to September 30th of each year.
Ala. Code § 45-25-260.07 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-260.07
Section 45-25-260.07 Construction of Part
Status: in_force

This part shall not interfere with, abrogate, or annul any covenant or other agreement between any parties. However, if this part imposes a greater restriction upon the use of a wind energy conversion system than is imposed by another law, rule, regulation, covenant, or agreement, the more restrictive provision shall govern the wind energy conversion system.
Ala. Code § 45-35A-54.11 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.11
Section 45-35A-54.11 Board of Commissioners - Assignment or Delegation of Powers and Duties
Status: in_force

The board may assign or delegate to one or more of its members, or to such boards, commissioners, officers, or employees as may be created or selected by it, the performance of such executive and judicial duties and powers as may be necessary or convenient, provided that such assignment or delegation is done by resolution, bylaw, or ordinance, duly enacted according to the terms of this part, and according to the laws of Alabama.
Ala. Code § 45-8A-23.310 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.310
Section 45-8A-23.310 Effect of This Part on Existing Law
Status: in_force

(a) All laws and parts of laws, general, local, or special, relating to or affecting the city, its powers, functions, duties, and property, in force when this part shall take effect are hereby continued in effect; but all such laws relating to the exercise of powers, functions, and duties by the commission or mayor-council or some other form of government shall be superseded to the extent that the same are inconsistent with the provisions of this part.
Ala. Code § 45-51-70.01 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-70.01
Section 45-51-70.01 Health Insurance for Certain Former Commission Members
Status: in_force

(a) Montgomery County Commission members who have served a total of at least 10 years on the commission may elect to maintain county-sponsored health insurance after their departure from office, provided that:

(1) The health insurance provided to the former commission members shall mirror the health insurance provided to all active county employees; moreover, all rules, regulations, and contributions pertaining to the health insurance plan that are applicable to the active county employees shall also be applicable to the former commission members.

(2) The current county commission may modify the health insurance plan including, but not limited to, the insurance administrator and the types of services covered under the plan, without the notification or consent of the former commission members.

(3) The former commission members shall pay the same contributions as required by the health insurance plan for active county employees.

(b) The former commission members may also elect to purchase family coverage health insurance at the same rate as active county employees with the same stipulations articulated in subsection (a).
Ala. Code § 45-16A-40.10 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-40.10
Section 45-16A-40.10 Violations of State Statutes
Status: in_force

No civil penalty may be imposed and no adjudication of liability for a civil violation may be made under this subpart if the operator of the vehicle was arrested or was issued a citation and notice to appear by a sworn police officer for a criminal violation of any portion of Article 8, Chapter 5A of Title 32, or any other municipal ordinance that incorporates the statutes contained in that article, and which occurred simultaneously with and under the same set of circumstances which were recorded by the automated photographic speeding enforcement system.
Ala. Code § 45-29-71.09 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-71.09
Section 45-29-71.09 Clerical Assistance
Status: in_force

The chair, with approval of the county commission, shall employ a clerk/administrator who shall devote his or her time to the duties of his or her office, and he or she shall receive compensation for his or her services as may be determined and fixed by the county commission, and the county commission may employ other clerical help and assistance as may be deemed necessary for the proper, efficient, and economical operation of the office of the county commission. The clerk/administrator shall enter the minutes of all proceedings of the county commission in a well bound book provided for that purpose, which book shall be kept in the office of the county commission and shall be open to the inspection of the public at all reasonable hours. The clerk/administrator shall keep a complete record of all receipts and disbursements of all county funds and shall be prepared at all times to show the financial condition of the county.
Ala. Code § 45-57-244.34 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-244.34
Section 45-57-244.34 Monthly Report of Credit Collections
Status: in_force

Any person taxable hereunder who makes cash or credit leases or rentals, may report the cash leases or rental 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 the report.
Ala. Code § 45-30-245.31 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-245.31
Section 45-30-245.31 Tax to Be Added to and Stated Separately from Purchase Price
Status: in_force

Upon passage of this subpart there is levied on every person, firm, corporation, club, or association that sells or stores or receives for the purpose of distribution in Franklin County any cigarettes, cigars, snuff, smoking tobacco, and like tobacco products the amount of the license or privilege tax levied and assessed herein to the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, it being the purpose and intent of this provision that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, or association, who sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, acting merely as agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, snuff, smoking tobacco, and the tobacco products, on all price display signs, sales or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products. It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Franklin County in the business for which the tax is hereby levied to fail or refuse to add to the sales price and collect from the purchaser the amount due on account of the tax herein provided or to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption of the tax or any portion thereof. Any person, firm, corporation, club, or association violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than one hundred dollars ($100) or imprisoned in the county jail for not more than 60 days, or by both such fine and imprisonment. Each act in violation of this section shall constitute a separate offense.
Ala. Code § 45-39-92.05 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-92.05
Section 45-39-92.05 Executive Director
Status: in_force

The authority may employ an executive director, who shall be its chief administrative officer and serve as secretary to the board. The board of the authority shall fix the salary of the executive director who shall serve at its pleasure. The executive director, with prior approval of the board of the authority, may employ clerical and other assistants who shall serve at the pleasure of the board. The authority, through the board, may require the executive director and any employees to be bonded for the faithful performance of their duties before they enter upon the discharge of their duties.
Ala. Code § 45-51A-33.60 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.60
Section 45-51A-33.60 City Clerk
Status: in_force

If the city clerk of any city which adopts the mayor-council form of government holds office subject to any civil service or merit system, such clerk shall continue to be the city clerk under the mayor-council form of government of such city, and his or her successor shall be selected and hold office subject to the provisions of such civil service or merit system. If the city clerk of any city which adopts the mayor-council form of government does not hold office subject to any civil service or merit system, the council shall elect the city clerk. The city clerk shall give notice of special or called meetings of the council, shall keep the journal of its proceedings, shall authenticate by his or her signature and record in full in a book kept for the purpose all ordinances and resolutions, and shall perform such other duties as shall be required by this part or by ordinance, and such duties as are imposed by general law of Alabama upon city clerks and as to which other provisions are not made in this part.
Ala. Code § 45-8A-23.177 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.177
Section 45-8A-23.177 Accounting Supervision and Control
Status: in_force

The director of finance shall have power and shall be required to:

(1) Prescribe the forms of receipts, vouchers, bills, or claims to be used by all the offices, departments, boards, and agencies of the city government;

(2) Examine and approve all contracts, orders, and other documents by which the city government incurs financial obligations, having previously ascertained that monies have been appropriated and allotted and will be available when the obligations shall become due and payable;

(3) Audit and approve before payment all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the city government and with the advice of the city attorney determine the regularity, legality, and correctness of such claims, demands, or charges;

(4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department, board, or agency of the city government apart from or subsidiary to the accounts kept in his or her office.
Ala. Code § 45-29-243.04 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-243.04
Section 45-29-243.04 Application of Laws, Rules, and Regulations
Status: in_force

All laws, and rules and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section 40-25-1 through Section 40-25-28, requiring reports from dealers and prescribing penalties for violations shall apply with equal force to the tax levied by this part as fully as if set out herein.