Ala. Code § 45-49A-63.170 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-63.170
Section 45-49A-63.170 Amendment of Plan
Status: in_force

(a) The board, with approval by a majority vote of the city council or like governing body of the city, reserves the right at any time and from time to time, and retroactively if deemed necessary or appropriate, to amend in whole or in part any or all of the provisions of the plan. However, no amendment shall make it possible for any part of the fund to be used for, or diverted to, purposes other than for the exclusive benefit of persons entitled to benefits under the plan, before the satisfaction of all liabilities with respect to such persons. The board’s actions in amending the plan shall be effective without the approval of, or action by, any other governmental entity other than the city council as described in this subsection. Nothing in this section shall be construed as preventing a uniformed officer from requesting the Alabama Legislature to amend any provision of the plan.

(b) Notwithstanding subsection (a), any plan amendment which will affect the plan’s funding or the members’ benefits shall require the approval of the Alabama Legislature.
Ala. Code § 45-28-234.12 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-234.12
Section 45-28-234.12 Removal, Discharge, Suspension, or Demotion of Employees; Appeals
Status: in_force

The sheriff, or the appointing authority to whom the sheriff has delegated such disciplinary powers, may remove, discharge, suspend, or demote any employee in the classified service of the office of the sheriff, provided that within five days thereof, a written report of such action is made to the board, giving the reason or circumstances surrounding such disciplinary action. If any aggrieved employee is suspended for more than three days, removed, discharged, or demoted, he or she shall be entitled to a board hearing on such disciplinary action, upon written demand thereon within 10 days of such action. A hearing shall be held within 10 days of the receipt of the written request therefor. All meetings of the board on disciplinary matters shall be open to the public, and shall observe the aggrieved employee’s right to face his or her accusers and be heard in his or her own defense. Pending a hearing on any disciplinary action, the aggrieved employee may be temporarily suspended. Upon a hearing, the board may order the employee reinstated with back pay from the time of such action to the date of reinstatement, or take or approve such disciplinary action as, in its judgment, is warranted by evidence and under the law. Either aggrieved party, the sheriff, or the employee shall, after an adverse hearing, have the right to rehearing and appeal as hereinafter provided.
Ala. Code § 45-43-240.23 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-240.23
Section 45-43-240.23 Charge and Collection of Fees; Refunds
Status: in_force

Except as provided, the tax assessor may charge and collect the same fees that are provided by law for the performance of duties relative to the recording of the transfer of the ownership of motor vehicles as prescribed by general law. The tax assessor shall charge and collect a sufficient fee to cover the actual reasonable cost thereof. All the fees are the property of the county and shall be paid to the general fund of the county. Refunds for licenses issued by mistake of fact or law shall be made under the conditions and in the manner prescribed by the general law.
Ala. Code § 45-53-243.05 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-243.05
Section 45-53-243.05 Failure to Report, Etc
Status: in_force

If any distributor, storer, or retail dealer of gasoline or motor fuel shall fail to make the reports as required by this part or shall fail to comply with any regulation adopted for the collection of the tax by the county commission, within the time required for making such reports, or shall fail to pay the tax imposed within the time fixed for the payment thereof, the distributor, storer, or retail dealer upon conviction thereof shall pay a civil fine of not more than five hundred dollars ($500) for each offense.
Ala. Code § 45-2A-31 — Alabama Code / Title 45 / Chapter 2A / Section 45-2A-31
Section 45-2A-31 Warrant Recall Fee
Status: in_force

(a)(1) Notwithstanding any law to the contrary, a municipal judge or a municipal magistrate of the City of Daphne, Alabama, may assess a defendant with a warrant recall fee that shall be paid in order for a municipal judge or magistrate to recall a failure to appear warrant arising from any municipal ordinance violation against the City of Daphne.

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

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

(b) All fees received by the City of Daphne Municipal Court for the warrant recall fee shall be deposited into the City of Daphne Corrections Fund and allocated in conformity with subsection (a) of Section 11-47-7.1.
Ala. Code § 45-57-71.01 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-71.01
Section 45-57-71.01 Land Description; Assessment
Status: in_force

When any assessment for project costs is made under this part, the chair of the county commission shall cause to be prepared a list showing the names of the property owners so assessed and opposite each name a description of the lot or parcel of land belonging to the owner assessed for the construction and improvements and the amount assessed against each lot or parcel of land.
Ala. Code § 45-10-244.34 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-244.34
Section 45-10-244.34 Sales Tax to Be Added to Sales Price or Admission Fee
Status: in_force

Each person engaging or continuing within Cherokee County in a business subject to the tax levied in Section 45-10-244.32, shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer on account of the sale or admission. It shall be unlawful for any person subject to the tax levied to fail or refuse to add on the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount herein required to be so added to the sale or admission price and collected from the purchaser, and it shall likewise be unlawful for any person subject to the tax to refund or offer to refund all or any part of the amount so collected or to absorb or advertise directly or indirectly the absorption or refund of the tax or any portion thereof.
Ala. Code § 45-40-235 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-235
Section 45-40-235 Lawrence County Recreation and Drug Abuse Program
Status: in_force

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

(b) There is in Lawrence County, the Lawrence County Recreation and Drug Abuse Program. The program shall be administered by the Lawrence County Recreation and Drug Abuse Program Board, consisting of the Circuit Judge, the Sheriff, and the Superintendent of Education of Lawrence County.

(c) The board shall allocate funds donated by Champion International for recreation and drug abuse programs to various public or quasi public agencies for recreation and drug abuse programs.
Ala. Code § 45-49-151.10 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-151.10
Section 45-49-151.10 Suspension or Revocation of License
Status: in_force

The commission may suspend or revoke the license of any licensee conducting a race meeting, upon the willful violation of this subpart, or any rule or regulation promulgated by the commission or may invoke a fine not to exceed one thousand dollars ($1,000) per offense in lieu thereof.
Ala. Code § 45-49-91.18 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-91.18
Section 45-49-91.18 Appeals to Mobile County Commission
Status: in_force

(a) Appeals to the Mobile County Commission may be taken by any aggrieved person. The appeal shall be taken as provided by the rules of the board and within the time period prescribed by its rules, by filing notice of appeal specifying the grounds thereof with the board from whom the appeal is taken and with the Mobile County Commission. The board shall transmit to the Mobile County Commission with the notice of appeal all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the board certifies to the Mobile County Commission, after receiving notice of the appeal, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. The Mobile County Commission shall have all of the following powers:

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

(2) To authorize upon appeal in special cases the variance from the yard, open space, bulk, and height requirements of the ordinance as will not be contrary to the public interest, where, owing to special conditions of the building site or land, a literal enforcement of the ordinance will result in unnecessary hardship, all in order that the spirit of the ordinance shall be observed and substantial justice done.

(b) Nothing in this part shall authorize the Mobile County Commission to approve a use not permitted by an ordinance or regulation of the board. The county commission may reverse, modify, rescind, or change an action of the board only when it finds the board’s action to be arbitrary and inconsistent with the district’s master plan or the spirit thereof and when found to be inconsistent with a preexisting countywide or regional master plan. The concurring vote of a majority of the commission shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, agency, or commission, or to decide in favor of the applicant, on any matter upon which it is required to pass under the ordinance, or to effect any variation in the ordinance. The Mobile County Commission shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or the portions thereof as may be called on by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
Ala. Code § 45-10-260.05 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-260.05
Section 45-10-260.05 Certification, Safety, and Setback Requirements
Status: in_force

(a) The safety of the design of all conversion system towers shall be certified by a licensed engineer with prior experience with wind energy conversion systems. The standard for certification shall be good engineering practices, including the requirement that the systems comply with all building and electrical codes in this state.

(b) A wind energy conversion system shall be equipped with manual and automatic overspeed controls to limit rotation of blades to a speed below the designed limits of the conversion system. A licensed engineer shall certify that the rotor and overspeed control design and fabrication conforms with good engineering practices. Any changes or alterations from the certified design shall not be permitted unless accompanied by a licensed engineer’s statement of certification.

(c) All electrical compartments, storage facilities, wire conduit and interconnections with utility companies shall conform to federal, state, and local law.

Nothing in this part shall serve to alter, affect, limit, or avoid other state laws and regulations that would otherwise be applicable to the construction or operation of a wind energy conversion system, to sales therefrom, or the sale of a system, including, but not limited to, Title 37.

(d) A visible warning sign of “High Voltage” shall be placed at the base of all systems. The letters of the sign shall be a minimum of six inches in height.

(e) A tower or pole shall be unclimbable by design or protected by any of the following anti-climbing devices:

(1) Fences with locking portals at least six feet high.

(2) Anti-climbing devices 12 feet from the base of the pole.

(3) Anchor points for guy wires supporting a tower that are enclosed by a six-foot fence or located within the confines of a yard that is completely surrounded by a fence.

(f) The compatibility of the tower structure with the rotors and other components of the wind energy conversion system shall be certified by a licensed engineer.

(g) It shall be the responsibility of the property owner or the applicant to contact all federal, state, and local regulating agencies regarding additional permits necessary for the installation of wind energy conversion systems, to include, but not be limited to, the Federal Communications Commission, Federal Aviation Agency, and the Alabama Department of Transportation.

(h) A licensed engineer shall certify that the construction and installation of the wind energy conversion system meets or exceeds the manufacturer’s construction and installation standards.

(i) The noise levels measured at the property line of the property on which the system has been installed shall not exceed 40 decibels.

(j) A wind energy conversion system may not encroach upon adjacent properties as determined by a measure of 2,500 feet from the center-mass base of the system to the nearest edge of the adjacent property.

(k) In addition to the requirements of subsection (j), a wind energy conversion system shall also satisfy a minimum setback for the tower that is no closer laterally than one and one-half times the height of the tower to an overhead electrical power line, excluding secondary electrical service lines or service drops, and a minimum setback from underground electrical distribution lines at least one-half times the height of the tower. Any exception to the requirements of this subsection shall be obtained from the owner or operator of the electrical towers, lines, poles, or other facilities involved.
Ala. Code § 45-37A-331.13 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-331.13
Section 45-37A-331.13 Civil Action Against Person Operating Vehicle
Status: in_force

Any person against whom an adjudication of liability for a civil violation is made under this part, or the ordinance passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a cause of action against any person who may be shown to have been operating the vehicle recorded at the time of the violation for the amount of the civil fine actually paid plus any consequential or compensatory damages and a reasonable attorney fee, without regard to the rules regarding joint and several liability, contribution, or indemnity. Provided, however, that as a condition precedent to the bringing of a civil action, that the person held responsible for payment of the civil fine shall first make written demand on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment, and if reimbursement is fully made within the 60-day period then the cause of action shall be extinguished and no attorney fees or other damages shall attach to the reimbursement. Any cause of action brought pursuant to this section shall be commenced within two years from the date of the payment of the civil fine for a red light violation.
Ala. Code § 45-36-171 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-171
Section 45-36-171 Abatement of Nuisances Related to Commercial Swine Farming Operations
Status: in_force

(a) This section shall apply only in Jackson County, Alabama.

(b) The following terms shall have the following meanings:

(1) COUNTY. Jackson County.

(2) COUNTY COMMISSION. The Jackson County Commission.

(3) SWINE FARM or SWINE FARMING. Commercial concentrated animal feeding operations for swine. For purposes of this section, the term concentrated animal feeding operation for swine means an animal feeding operation defined in Title 40, Part 122, Appendix B of the Code of Federal Regulations, relating to the National Pollutant Discharge Elimination System (NPDES), or as otherwise designated by the Federal Environmental Protection Agency, and as defined and regulated by the Alabama Department of Environmental Management pursuant to Chapter 335–6–7 of the Alabama Administrative Code.

(c)(1) Upon a written complaint and request from any person residing in the county, the county commission, after a public hearing on the complaint, may order the abatement of a public nuisance in the county related to noxious odors, dead animal decomposition or animal waste, or air or water pollution, arising from swine farming.

(2) If the county commission finds sufficient evidence of the existence of a public nuisance at a hearing it may order the offending person or party to immediately cease the operation or activity constituting a public nuisance and to abate the nuisance.

(3) If the operation or activity constituting a public nuisance is not abated within 30 days following an order by the county commission, the county commission may seek injunctive relief in the Circuit Court for Jackson County to abate the nuisance.

(d) The county commission may adopt rules and regulations for implementing and administering this section.
Ala. Code § 45-11-235.02 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-235.02
Section 45-11-235.02 Record of Abandoned or Stolen Firearms; Sale or Destruction
Status: in_force

(a) The sheriff shall keep and maintain a separate permanent record of all abandoned or stolen firearms not subject to disposition by general law. The records shall state the description of the firearm, the date of recovery of the firearm, the serial or other identifying number, if any, of the firearm, and the place of recovery of the firearm. Firearm, as used in this part, shall have the same meaning as defined in Section 13A-8-1.

(b) Unless otherwise provided by law, the sheriff may sell or destroy a firearm if the owner of the firearm does not claim the firearm within six months of the date the sheriff obtained it.

(c) The sheriff may sell the firearms only to gun dealers who have a current federal firearms license on the date of sale. A firearm shall be sold to the gun dealer submitting the highest sealed bid. All sales shall be on a cash basis. The proceeds of the sale, after deduction and paying all expenses incurred in the recovery, maintenance, and sale of the firearm shall be paid to the office of the Sheriff of Chilton County.

(d) The sheriff may establish a procedure to destroy firearms and may expend necessary sheriff’s office funds for that purpose.
Ala. Code § 45-2-81.72 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-81.72
Section 45-2-81.72 Restitution Recovery Division - Establishment
Status: in_force

The district attorney may establish a special division designated the “Restitution Recovery Division” for the administration, collection, and enforcement of court costs, fines, penalty payments, victim compensation assessments, bail bond forfeitures, restitution, or like payments in civil or criminal proceedings ordered by the court and payable to the state or to crime victims, or judgments entered which have not been otherwise vacated or judicial relief given from the operation of the order or judgment.
Ala. Code § 45-4-231 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-231
Section 45-4-231 Fund Established; Fees
Status: in_force

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

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

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

(d)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the criminal division of the district and circuit courts of Bibb County, shall increase the fees by fifteen dollars ($15) per document for the fund.

(2) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of Bibb County shall increase the fees by fifteen dollars ($15) per document for the fund.

(3) The court official designated in Bibb County by law for the respective courts shall collect the additional service of process fee designated in subdivisions (1) and (2) and remit the fees collected to the sheriff for deposit in the fund.

(e) The sheriff may use the monies generated by this section for law enforcement purposes in Bibb County, including contracting with or entering into a contract or agreement with a private, public, or governmental entity for service of process of documents from the civil or criminal division of the district or circuit court. The funds shall not revert to the general fund of the county at the end of the fiscal year.
Ala. Code § 45-2-71 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-71
Section 45-2-71 Commission Authorized to Contract for Printing and Publishing of Local Laws, Regulations, Etc.; Sale of Codes
Status: in_force

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

(b) Notwithstanding any law to the contrary, the Baldwin County Commission may contract for the codifying, printing, and publication of the laws, resolutions, bylaws, ordinances, court orders, constitutional laws, rules and regulations, and all other related legal issues of the county.

(c) The county commission shall sell copies of the codes to the general public and state, county, and local governmental agencies and departments. The cost shall include all expenses in the preparation, printing, and publication of the codes.
Ala. Code § 45-42-150.11 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-150.11
Section 45-42-150.11 Violations
Status: in_force

Any person who violates this article shall be guilty of a Class C misdemeanor upon first conviction under this article. Any subsequent conviction shall be a Class A misdemeanor.
Ala. Code § 45-37-111 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-111
Section 45-37-111 Compensation of Election Officials; Expense Allowance
Status: in_force

(a)(1) This section shall apply only in Jefferson County.

(2)a. In all general, municipal, special, and primary elections, the compensation of certain election officers and workers shall be as follows: The chief inspector shall be paid one hundred twenty-five dollars ($125) per day, the assistant chief inspector shall be paid eighty-five dollars ($85) per day, and each clerk and each worker assigned to canvas the vote shall be paid seventy-five dollars ($75) per day. In municipal elections where paper ballots are used exclusively, the provisions of law applicable to the use of paper ballots shall apply as to the amount which each election official in the voting centers or box shall be paid. To receive the returning fee allowed in this section the election official shall present an affidavit indicating he or she has attended an election procedure school since the last election.

b. In all city and municipal elections, primary elections, or otherwise, held on the same day and time of any state and county elections, the election officials shall be paid by the municipality one-half of the per diem herein provided, as though an independent election were held at a different date and time. The compensation of the election officials shall be in addition to the cost and expenses of rental and the use of voting machines by the municipality. Otherwise, two or more elections held countywide on the same date and time shall be considered, for the purposes of this section, to be held as one election.

(b) In Jefferson County, an election officer who works at polling places shall receive an additional expense allowance in an amount which, together with any amount paid by the state pursuant to Section 17-6-13, shall make the total paid to each clerk one hundred fifty dollars ($150) per day and the total amount paid to each returning officer and each inspector two hundred dollars ($200) per day for each day the election officer works at the polls during an election.
Ala. Code § 45-22-243.98 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-243.98
Section 45-22-243.98 Charge for Collection; Disposition of Funds
Status: in_force

The State Department of Revenue shall charge the county for collecting the taxes levied herein the costs to the department of collecting the taxes; provided such charge shall not, in any event, exceed 10 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 day of each successive month (commencing with the month next succeeding the month in which the department makes the first collection hereunder) the commissioner shall certify to the Comptroller the amount of taxes collected under this subpart and paid by him or her into the State Treasury for the benefit of 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 tax levied in Section 45-22-243.91 and the amount of the proceeds so collected from the tax levied in Section 45-22-243.92. Provided, however, that before certifying the amount of the 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 the month the charges due the department for collection of the taxes. It shall be the duty of the Comptroller (i) to issue his or her warrant each month, payable to the county treasurer in his or her official capacity, 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 treasurer, along with the warrant, a copy of the certificate by the commissioner.
Ala. Code § 45-44-84.49 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-84.49
Section 45-44-84.49 Special Transaction Fee
Status: in_force

Effective July 1, 1997, a special transaction fee of two dollars ($2) shall be paid to and collected by the judge of probate with respect to every transaction occurring in, or under the jurisdiction of the judge of probate, this amount shall be in addition to all other costs and fees heretofore collected. The additional fee shall be paid into the special fund of the judge of probate as created in Section 45-44-85.47.
Ala. Code § 45-35A-52.19 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-52.19
Section 45-35A-52.19 Dissolution of Corporation; Vesting of Title to Property in the City
Status: in_force

At any time when the authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record of a certified copy of the resolution in the office of the Judge of Probate of Houston County, the authority shall thereupon stand dissolved and in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to the city.
Ala. Code § 45-57A-63.89 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.89
Section 45-57A-63.89 Effective Date of Budget; Certification; Copies Made Available
Status: in_force

Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be certified by the city manager and city clerk and filed in the office of the director of finance. The budget so certified shall be printed, mimeographed, or otherwise reproduced and sufficient copies thereof shall be made available for the use of all offices, departments, boards, and agencies and for the use of interested persons.
Ala. Code § 45-52A-31.05 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-31.05
Section 45-52A-31.05 Board of Education - Representation of Students
Status: in_force

All members of the board created by this part shall represent the interests of any student of the city school system who is not otherwise represented by a certain district school board member as provided for in this part.
Ala. Code § 45-37A-56.29 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-56.29
Section 45-37A-56.29 Powers of the Authority
Status: in_force

(a) The authority shall have 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 in perpetuity, specified in its certificate of incorporation.

(2) To sue and be sued in its own name in civil suits and actions.

(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, receive, take, and hold, whether by purchase, gift, lease, devise, eminent domain, or otherwise, property of every description, whether real, personal, or mixed, and to manage the property, and to develop any undeveloped property owned, leased, or controlled by it, provided, however, that no such authority shall acquire or lease real property located outside the boundaries of the city.

(6) To execute such contracts and other instruments and to take such other action as may be necessary or convenient to carry out the purposes of this subpart or the exercise of any power granted hereunder.

(7) To plan, establish, develop, acquire, construct, enlarge, improve, maintain, equip, operate, regulate, and protect parking facilities.

(8) To lease or let such facilities or any one or more of them to such tenant or tenants for such period and such compensation or rental and on such conditions as the authority may prescribe, subject to the limitations stated in Section 45-37A-56.30.

(9) To issue interest bearing revenue bonds payable from the limited sources hereinafter referred to.

(10) To pledge for payment of such bonds any revenues and funds from which such bonds are made payable.

(11) To make and enter into contracts, leases, and agreements incidental to or necessary for the accomplishment of any purpose or purposes for which the authority was organized.

(12) To appoint, employ, contract with, and provide for compensation of such officers, employees, and agents, including engineers, attorneys, consultants, fiscal advisers, and such other employees as the business of the authority may require, including the power to fix working conditions by general rule and other conditions of employment, and, at its option to provide a system of disability pay, retirement compensation, and pensions, or any of them, and to hire and fire servants, agents, employees, and officers at will.

(13) To fix, establish, collect, and alter parking fees, tolls, rents, and other charges for the use of any parking facility or other property owned or controlled by the authority.

(14) To make and enforce rules and regulations governing the use of any parking facility owned or controlled by the authority.

(15) To secure such insurance, including use and occupancy insurance, as the board may deem advisable.

(16) To invest any funds of the authority that the board may determine are not presently needed for its corporate purposes in any obligations which are direct general obligations of the United States of America or which are unconditionally guaranteed as to both principal and interest by the United States of America, or in bonds of this state or any county, city, or town therein.

(17) To cooperate with the state, any county, city, town, public corporation, agency, department, or political subdivision of the state, and to make such contracts with them as the board may deem advisable to accomplish the purposes for which the authority is established.

(18) To sell and convey any of its properties that may have become obsolete or worn out or that may no longer be needed or be useful.

(19) To receive and accept grants for or in aid of the construction, extension, improvement, maintenance, or operation of any parking facility from the United States of America or any agency thereof, and from the state, any department or agency thereof, and any political subdivision thereof, and to receive and accept money, property, labor, or other things of value from any source whatever.

(20) To purchase equipment and supplies necessary or convenient for the exercise of any power of the authority.

(b) As herein used the term area means any area, space, or location on, above, or below the surface of the ground or within, above, or below a building, structure, or improvement. The authority shall have the power to acquire, receive, take, and hold, whether by purchase, gift, lease, devise, eminent domain, or otherwise, any area for the purpose of establishing and operating thereon or therein a parking facility, and also the power to acquire, receive, take, and hold, by any of the aforesaid means, the right to install, construct, and maintain on the property of another person supports, structures, or improvements which shall be appurtenant to the parking facility the authority operates in the area. The authority shall have the power to sell or lease to another person, any area in any property held by the authority, provided the authority determines and declares that the authority does not need such area for any parking facility. If the authority sells or leases area to any person, under the power conferred in the next foregoing sentence, the authority shall have the power to sell, or lease, to such person the right to install, construct, and maintain on the authority’s property supports, structures, or improvements which shall be appurtenant to such person’s use of the area sold or leased to such person by the authority.
Ala. Code § 45-28-234.05 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-234.05
Section 45-28-234.05 Regular and Special Meetings; Quorum
Status: in_force

The board shall hold such regular meetings as it may by rule prescribe. Special meetings shall be held at such times and places within Etowah County as determined by the board upon the call of its chair, or as otherwise required to hold hearings upon complaint as hereinafter provided. A majority of the board members shall constitute a quorum for the transaction of business.
Ala. Code § 45-49-140.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-140.03
Section 45-49-140.03 Timing of Elections
Status: in_force

When a petition for the holding of any election is filed with the judge of probate, the judge of probate shall order the election sought by the petition to be held on a day not less than 30 days nor more than 40 calendar days from the date on which the judge of probate enters the order. No election pertaining to the establishment of the same district or portion thereof shall be held more often than once every two years.
Ala. Code § 45-19-233 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-233
Section 45-19-233 Collection and Disposition of Fee
Status: in_force

In Coosa County, the total fee for issuance of a permit to carry a pistol as provided by Section 13A-11-75, shall be twenty-five dollars ($25) per year, except that for persons age 65 and over, the fee shall be fifteen dollars ($15) per year, which shall be collected by the sheriff. Five dollars ($5) of each fee shall be paid into the county treasury and the remainder of each fee shall be deposited by the sheriff into any bank in the county, into a fund known as the Sheriff’s Pistol Permit Fund. This fund shall be used exclusively for law enforcement purposes and in the discharge of the duties of the sheriff’s office as determined by the sheriff. The fee provided by this section shall be in lieu of all other pistol permit fees required by law.
Ala. Code § 45-10-244.31 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-244.31
Section 45-10-244.31 Definitions
Status: in_force

All words, terms, and phrases as defined in Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, providing for the levy of a state sales tax shall, wherever used in this subpart, have the same meanings respectively ascribed to them in those sections, except where the context herein clearly indicates a different meaning. In addition, the following words, terms, and phrases where used in this subpart shall have the following respective meanings except where the context clearly indicates a different meaning:

(1) “State sales tax statutes” means Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, which levy a certain retail sales tax, and include all statutes, including amendments to those sections, which expressly set forth any exemptions from the computation of the tax levied by those sections and all other statutes which expressly apply to, or purport to affect, the administration of those sections and the incidence and collection of the tax imposed therein;

(2) “State sales tax” means the tax imposed by the state sales tax statutes;

(3) “Month” means the calendar month;

(4) “County” means Cherokee County.
Ala. Code § 45-2-244.075 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.075
Section 45-2-244.075 Collections and Enforcement
Status: in_force

The tax authorized to be imposed by this subpart shall constitute a debt due Baldwin County and may be collected as provided by law. The tax, 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 tax is due or who is required to collect the tax. All of the provisions of the revenue laws of this state which apply to the enforcement of liens for license taxes due to this state shall apply fully to the collection of the tax herein levied, and the Baldwin County Commission, for the use and benefit of Baldwin County, shall collect such tax and enforce this subpart and shall have and exercise for such collection and enforcement all rights and remedies that this state or the state Department of Revenue has for collection of the state sales tax. The Baldwin County Commission shall have full authority to employ such special counsel as it deems necessary from time to time to enforce collection of the tax levied by this subpart, and to otherwise enforce the provisions of this subpart, including any litigation involving this subpart; and the Baldwin County Commission shall pay such special counsel such fees as it deems necessary and proper from the proceeds of the tax collected by it pursuant to this subpart.
Ala. Code § 45-49-90.06 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-90.06
Section 45-49-90.06 Board of Directors
Status: in_force

The corporation shall have a board of directors in which all powers of the corporation shall be vested and which shall consist of any number of directors, not less than six, all of whom shall be duly qualified electors of and taxpayers in the county. The directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in and about the performance of their duties under this part. No director shall be an officer or employee of the county or a participating municipality, and in no event shall the judge of probate serve as such director. The directors shall be elected in the manner provided by the articles of incorporation so that they shall hold office for staggered terms. If at the expiration of any term of office of any director a successor thereto shall not have been elected, then the director whose term of office shall have expired shall continue to hold office until his or her successor shall be so elected. Any meeting held by the board of directors for any purpose whatsoever shall be open to the public.
Ala. Code § 45-3-84.40 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-84.40
Section 45-3-84.40 Salary; Reimbursement of Expenses
Status: in_force

(a) Beginning October 1, 2025, in lieu of any other fees, compensation, or expense allowances, the Judge of Probate of Barbour County shall receive an annual salary equal to 70 percent of the salary paid to a state district court judge with equivalent years of service, including any increases in salary due to years of service or cost-of-living adjustments.

(b) The salary of the judge of probate shall be increased any time and in the same manner as the salary of a state district court judge having the same number of cumulative years of service.

(c) The salary provided by this section shall be in lieu of any and all other prior compensation or salary provided by law to the judge of probate, and shall be paid in equal periodic installments from the county general fund.

(d) In order to receive the compensation provided in this section, the judge of probate shall waive any compensation provided under Section 17-3-60, relating to reports from the state voter registration list.

(e) The judge of probate shall be entitled to reimbursement of expenses related to travel in the same manner and to the same extent as other employees of the county.
Ala. Code § 45-2-238 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-238
Section 45-2-238 Minimum Qualifications for Sheriff; Continuing Education
Status: in_force

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

(b) After May 13, 2013, any person qualifying for election to the office of sheriff in the county or any person appointed to serve as a sheriff shall meet all of the following minimum qualifications, in addition to any other qualifications required by law:

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

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

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

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

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

(6) The person has three or more years of prior service as a law enforcement officer.

(7) The person has never been convicted of a felony.

(c) Upon election, the sheriff of the county shall attend annually a minimum of 12 hours of executive level continuing education approved by the Alabama Sheriff’s Association or the National Sheriff’s Association. Certification of annual continuing education will be filed with the judge of probate of the county by December 31.

(d) This section shall not apply to or affect a supernumerary sheriff.
Ala. Code § 45-16-242 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-242
Section 45-16-242 Collection and Distribution of Taxes; Powers and Duties of Revenue Commissioner Transferred
Status: in_force

(a) The provisions of this section shall apply to Coffee County.

(b) The procedures for the collection and distribution of sales and use taxes on automotive vehicles, truck trailers, and semi-trailers in Coffee County shall be the same as provided in Article 3, commencing with Section 40-23-100, of Chapter 23, Title 40, as amended, except that all such duties as are required of and are performed by the county revenue commissioner shall be transferred to and be performed by the judge of probate of the county, and the county revenue commissioner shall be relieved of all such duties.
Ala. Code § 45-44-243 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-243
Section 45-44-243 Levy and Collection; Disposition of Funds
Status: in_force

(a) This section shall be applicable only to Macon County.

(b) There is levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license tax upon every person, firm, or corporation engaging 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 of five percent of the charge for the room, rooms, lodgings, or accommodations, including the charge for use or rental of personal property and services furnished in the room; provided, however, that there is exempted from the tax levied under this section any rentals or services taxed under Division 1, commencing with Section 40-23-1, of Article 1 of Chapter 23 of Title 40. The tax shall not apply to rooms, lodgings, or accommodations supplied for a period of 30 continuous days or more in any place.

(c) The tax herein levied shall be collected in the same manner as the state lodgings tax as provided in Chapter 26, Title 40, and the net proceeds, less a reasonable cost of collection, from the tax shall be paid into the Macon County General Fund to be expended as are other county funds.
Ala. Code § 45-48-121.08 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-121.08
Section 45-48-121.08 Register of Persons Eligible and Available
Status: in_force

The personnel board shall make or contract with the State Merit System Board or other appropriate agency, for a register of all persons eligible and available for appointment to each class of position in the service of the county, ranked according to ability; it is provided, however, that no examination shall be given and no register kept for positions to be filled by persons designated by the board as common laborers. Veterans shall be given preference in hiring in the same manner as provided by the State of Alabama. Layoffs available for reemployment shall be placed at the head of the proper present and subsequent eligible registers in the inverse order of their terminations. Employees who voluntarily terminate their services may be granted reemployment status upon proper eligible registers under such circumstances and in such manner as may be provided for in the board’s rules and regulations subject, however, to stipulations of this section concerning layoffs. Persons desiring appointment may file applications with the board, and the board from time to time, may conduct examinations to test the ability of such applicants. All qualified applicants shall be examined, and examination shall be public, competitive, subject to limitations specified by the board, and open to all citizens of the United States. Examinations shall be practical in character and shall relate to those matters which test the ability of the person examined to discharge intelligently the duties of the position for which he or she applies. In no case shall an appointment be made from an eligible register which is more than two years old, and no eligible register shall be the result of more than one examination.
Ala. Code § 45-25-242.50 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-242.50
Section 45-25-242.50 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 § 45-37A-54.65 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-54.65
Section 45-37A-54.65 Powers of Authority
Status: in_force

The authority shall have the power to:

(1) Sue and be sued.

(2) Have a seal and alter the same at pleasure.

(3) Appoint officers, agents, and employees, including attorneys, and to fix their compensation.

(4) Make bylaws for the management and regulation of its affairs.

(5) Make contracts, and to execute all instruments necessary or convenient to lease or purchase and own real or personal property to be used for the furtherance of the purposes for the accomplishment of which the authority is created.

(6) Construct or reconstruct or repair and maintain and operate, swimming pools, auditoriums, grandstands, arenas, fairgrounds, coliseums, and other installations and facilities, for the amusement, recreation, and education of the citizens of the city.

(7) Promote, sponsor, and operate tournaments, shows, exhibitions, and other amusements and recreational activities.

(8) Charge fees for admission.

(9) Lease or sublease to other persons, firms, or corporations, any property owned or leased by the authority.

(10) Purchase real property and rights or easements therein necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue.

(11) Conduct, promote, sponsor, operate, manage, or own educational, cultural, recreational facilities, exhibits, and exhibitions and places of amusement and entertainment.

(12) Accept or receive gifts, bequests, and devices.

(13) Do all things necessary or convenient to carry out the powers expressly given herein.
Ala. Code § 45-49-235.16 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-235.16
Section 45-49-235.16 Contempt; Sanctions
Status: in_force

Nothing in this part shall interfere with or prevent the exercise by any court of Alabama of its power to punish for contempt.
Ala. Code § 45-48-141.01 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-141.01
Section 45-48-141.01 Financial Charge - Authorized; Payment
Status: in_force

(a) After the Marshall County Commission has determined that such a need does exist in Marshall County, the county commission, in the manner hereinafter specified, may provide for a financial charge to be paid by the owners of forest lands located in Marshall County for the use of the land for timber growing purposes amounting to the whole or any part of the cost of such forest protection program, but not in excess of ten cents ($0.10) per acre, provided such financial charge is not greater than the benefit accruing to such forest lands due to availability of such fire protection.

(b) Forest lands as used in this part, shall mean any land which supports a forest growth. Forest lands as used in this part shall not include any lands primarily used for residential purposes nor shall it include any publicly owned lands.

(c) The financial charge fixed as provided in the above section shall be payable at the same time and in the same manner as county taxes, and the owners of the forest lands, as herein defined, shall make report of the same to the Tax Assessor of Marshall County at the time fixed by law for making return of the property of such property owned. Financial charges levied shall constitute a lien on the property against which they are charged in case of default in the payment of such financial charge.
Ala. Code § 45-42-260.01 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-260.01
Section 45-42-260.01 This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective August 1, 2021. This Is Not in the Current Code Supplement
Status: in_force

(a) As used in this section, the following terms shall have the following meanings:

(1) DESIGNATED PUBLIC FORUM. Public property that is not by tradition a forum for expressive activity, which a municipality has opened, temporarily or otherwise, for use by the general public as a place for expressive activity.

(2) EXPRESSIVE ACTIVITY. All forms of non-commercial expression that are protected by the First Amendment to the U.S. Constitution, including peaceful assemblies, speeches, protests, picketing, leafleting, circulating petitions, distributing literature, and similar expressive communications and activities.

(3) LIMITED PUBLIC FORUM. A designated public forum that is limited for use by certain types of groups or for discussion of certain subjects, or limited in another manner, but not limited based on viewpoint.

(4) MUNICIPALITY. A municipality that is located wholly or partially within Limestone County.

(5) NONPUBLIC FORUM. Public property that is not by tradition or designation a forum for public communication.

(6) PUBLIC FORUM. A place which by tradition or by government designation has been devoted to expressive activity. The term includes, but is not limited to, public streets, parks, and sidewalks.

(b)(1) A municipality, by ordinance, may classify the territory within its corporate limits into public or nonpublic forums and, from time to time, may rearrange or alter the division of the public and nonpublic forums as necessary.

(2) Each municipality, from time to time, may classify territory, which would otherwise be classified as a nonpublic forum, as a designated public forum or limited public forum; provided, restrictions on speech within the designated area shall be reasonable and viewpoint-neutral.

(c) Within a public forum, a municipality may enforce reasonable regulations that apply to all speech which are content-neutral with regard to time, place, and manner of expression.

(d) Territory within a municipality that is classified as a nonpublic forum may not be used by the general public as a forum for expressive activity except as provided in subdivision (b)(2).

(e) A municipality may require a person to obtain a permit for the use of a public forum under any of the following conditions:

(1) The use of the forum will require blocking traffic or the closure of a public street.

(2) The use of the forum will require the use of a sound amplifying device.

(3) The use of the forum will involve more than a certain number of individuals participating, as established by the municipality by ordinance.

(4) The use of the forum will create other traffic control or public safety issues requiring the presence of law enforcement officers or other municipal officials.

(f) A municipality may require an applicant for a permit issued under subsection (e) to pay an application fee. The application fee may consist of any or all of the following:

(1) A security deposit for the actual cost of clean up.

(2) A charge to cover the actual cost of the use of law enforcement officers.

(3) A charge to cover any other actual administrative cost incurred by the municipality.
Ala. Code § 45-56-240.01 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-240.01
Section 45-56-240.01 Vacancy in Office of Tax Assessor or Tax Collector
Status: in_force

In Randolph County, if a vacancy occurs in either the office of tax assessor or the office of tax collector, then immediately upon occurrence of the vacancy, there shall be established the office of county revenue commissioner in the county pursuant to Section 45–56–240. If the office is established upon the occurrence of a vacancy in either the office of tax assessor or tax collector, then the tax assessor or tax collector, as the case may be, remaining in office shall be the county revenue commissioner for the remainder of the term for which he or she was elected.
Ala. Code § 45-57-150.05 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-150.05
Section 45-57-150.05 Qualified Organizations Allowed to Operate Bingo Games
Status: in_force

(a) It is the intention of the Legislature that only qualified organizations or qualified clubs which are properly issued permits or licenses, or special permits, pursuant to this article, shall be allowed to operate bingo games. A qualified organization or qualified club shall not lend its name or allow its identity to be used by any other person in operating or promoting a bingo game in which the other person has a substantial financial interest.

(b) All bingo cards shall be clearly marked with the name of the organization using the cards and it shall be unlawful for one qualified organization or qualified club to use cards owned by another. Notwithstanding anything to the contrary, with the consent of the sponsoring organization, any individual participant may use his or her personal card, but that individual is not exempt from any fees or charges.

(c) It shall be unlawful for two or more qualified organizations to pyramid the valuation of prizes in a manner to exceed the limits in cash, or gifts of equivalent value, as provided in Section 45–57–150.08. The term equivalent value shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game.

(d) Except as otherwise provided by this article, a qualified organization or qualified club may deduct the reasonable expenses of operating and conducting its bingo games. Reasonable expenses shall be defined as including customary and usual business overhead expenses and as specified in Section 45–57–150.07.

(e) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game.
Ala. Code § 45-43-10 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-10
Section 45-43-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Lowndes County local laws enacted after 1978 and all Lowndes 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 § 45-44-151.03 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-151.03
Section 45-44-151.03 Provisions Respecting Takeout of Racing Events
Status: in_force

In order to provide a uniform takeout for parimutuel wagering on live greyhound racing events and on horse or greyhound racing events that are conducted elsewhere and received by television at the Macon County racetrack, and to enable the Macon County racetrack to maximize its participation in combined pools with other racetracks both inside and outside the State of Alabama, the Legislature hereby finds and determines that it is necessary and desirable to authorize the uniform takeout hereinafter provided for parimutuel pools wagered by bettors present at the Macon County racetrack, notwithstanding Section 40-26A-2, which section is hereby superseded to the extent that its provisions purport to govern the takeout at the Macon County racetrack in a manner inconsistent with this part. Subject to Section 45-44-151.01, relating to adjustment of the takeout for combined pools, the total takeout allowed to the racing operator of the Macon County racetrack for all parimutuel pools wagered at such racetrack on live greyhound races conducted at such racetrack and for all parimutuel pools wagered at such racetrack on televised horse or greyhound racing events received at such racetrack, before deducting any state or local wagering taxes or fees, shall be 25 percent of the total amount wagered in such pools by bettors present at the Macon County racetrack, irrespective of the number or combination of racing contestants selected by the bettors.
Ala. Code § 45-40-142.13 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-142.13
Section 45-40-142.13 Fire District Personnel; Liability of County Employees
Status: in_force

The individual firefighters who serve as personnel of fire districts in the county, regardless of whether the fire district is created pursuant to this part, shall not be considered employees, agents, or servants of the county, and the members of the county commission and the employees of the county shall not be liable either in their official capacity or their private capacity for the actions of the individuals affiliated with fire districts.
Ala. Code § 45-7-20 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-20
Section 45-7-20 Distributions of Beer Tax Proceeds
Status: in_force

Any law to the contrary notwithstanding, in Butler County, the proceeds of the beer tax collected pursuant to Section 28-3-190, shall be paid and distributed as follows:

(1) All taxes collected on sales within the corporate limits of a municipality shall be paid to the municipality who shall, after deducting three percent for administering the tax, distribute 33 percent to the Butler County Board of Education and retain the balance for the general fund of the municipality.

(2) All taxes collected on sales outside the corporate limits of a municipality shall be paid to the Butler County Commission, who shall, after deducting three percent for administering the tax, distribute 33 percent to the Butler County Board of Education, and retain the balance for the general fund of the county.
Ala. Code § 45-50-245.07 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-245.07
Section 45-50-245.07 Disposition of Funds
Status: in_force

(a) Distribution shall be made to the following municipalities in Monroe County, Alabama, out of the receipts of the one cent sales tax as follows:

(1) City of Monroeville: One-half of one cent sales tax collected in the corporate limits of the City of Monroeville under this subpart.

(2) City of Frisco City: One-half of one cent sales tax collected in the corporate limits of the City of Frisco City under this subpart with a minimum amount of thirty thousand dollars ($30,000) per annum. Plus an additional appropriation of fifteen thousand dollars ($15,000) per year.

(3) Town of Excel: One-half of one cent sales tax collected in the corporate limits of the Town of Excel under this subpart with a minimum amount of two thousand seven hundred fifty dollars ($2,750) per annum. Plus an additional appropriation of ten thousand dollars ($10,000) per year.

(b) The appropriation to each of the above municipalities shall be made provided, however, that should an agreement be reached between the Monroe County Commission and any respective municipality named in this section for the Monroe County Commission to operate or pick up garbage, or both within the corporate limits of the respective municipality at the expense of the Monroe County Commission the appropriation to the respective municipality named in this section shall not apply, and shall not be paid to the municipality. In addition, the appropriation shall not be paid with respect to any revenue accruing from any property which is annexed to the City of Monroeville after January 1, 2010, except the appropriation shall be paid with respect to revenue accruing from the following parcels if annexed to the City of Monroeville after January 1, 2010:

(1) Parcel One. Commence at the Southeast corner of the Northeast Quarter of the Southeast Quarter of Section 14, Township 6 North, Range 7 East, Monroe County, Alabama, also being a 29 open top iron pin found and the Point of Beginning; thence run South 00 degrees 25 minutes 27 seconds East for a distance of 572.00 feet to an iron pin set; thence run North 65 degrees 52 minutes 47 seconds West for a distance of 1069.71 feet to an iron pin set; thence run North 42 degrees 06 minutes 24 seconds East for a distance of 204.00 feet to a 1/29 rebar found; thence run South 88 degrees 52 minutes 04 seconds East for a distance of 835.46 feet back to the Point of Beginning.

(2) Parcel Two. Commence at the Southeast corner of the Northeast Quarter of the Southeast Quarter of Section 14, Township 6 North, Range 7 East, Monroe County, Alabama, also being a 29 open top iron pin found; thence run south 00 degrees 25 minutes 27 seconds East for a distance of 673.27 feet to a 29 open top iron pin found; thence run south 00 degrees 05 minutes 30 seconds East for a distance of 591.53 feet to a 29 open top iron pin found; thence South 00 degrees 05 minutes 30 seconds East for a distance of 19.05 feet to an iron pin set; thence run North 89 degrees 55 minutes 22 seconds West for a distance of 667.00 feet to an iron pin set and the Point of Beginning; thence run North 89 degrees 55 minutes 22 seconds West for a distance of 1347.03 feet to an iron pin set; thence run North 42 degrees 06 minutes 24 seconds East for a distance of 738.06 feet to an iron pin set; thence run South 65 degrees 52 minutes 47 seconds East for a distance of 933.91 feet to an iron pin set; thence run South 00 degrees 04 minutes 38 seconds West for a distance of 167.74 feet back to the Point of Beginning.

(c) The Monroe County Commission shall have the right, at its discretion, to appropriate any additional amounts from the receipts of the one cent sales tax to each of the municipalities in Monroe County, any additional appropriation to the municipalities shall be made from the general fund to which this one cent sales tax is deposited and shall be done by resolution of the Monroe County Commission which resolution shall determine the additional amount paid to each municipality and shall be spread upon the minutes of the Monroe County Commission.
Ala. Code § 45-57-140.02 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-140.02
Section 45-57-140.02 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the following meanings:

(1) COMMERCIAL BUILDING. Any building, unit, structure, or other improvement to real property used or expected to be used for commercial or business purposes, including rental or lease property. This term may not apply to any school, church, senior citizen facility, any local, county, state, or federal government owned buildings, water authority owned buildings, or any building used primarily for volunteer fire services and may 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. The terms commercial building, commercial business, or residence shall not include any utility distribution or transmission poles or towers, or utility substations.

(2) ELIGIBLE VOLUNTEER FIRE DEPARTMENT. A certified nonprofit volunteer fire department located in Russell County that is certified under the Alabama Forestry Commission guidelines and is a member in good standing of the Russell County Firefighters Association.

(3) RESIDENCE. 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, any of the following:

a. 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.

b. 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 unit in a duplex or apartment building.

d. Any residential property used to generate revenue.

e. Any building, structure, or other improvement that 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.

f. Any building, structure, or other improvement that is used or expected to be used simultaneously for a purpose, whether or not commercial in nature, other than as a residence.
Ala. Code § 45-35A-54.02 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.02
Section 45-35A-54.02 Election of Board Members; Terms of Office
Status: in_force

The mayor and the associate commissioner of Ward No. 2 shall continue to hold their respective offices until the first Monday in October, 1981, as provided by Act 2141, 1971 Regular Session (Acts 1971, p. 3431). Under applicable laws for the election of members of the board, the mayor, within the scope of this part, shall provide for an election to be held on the second Tuesday in September, 1979, and every four years thereafter for the positions of associate commissioners of Ward No. 1, Ward No. 3, and Ward No. 4 in the manner herein provided. On the second Tuesday in September, 1981, and every four years thereafter an election shall be held for the positions of mayor and associate commissioner of Ward No. 2 in the manner herein provided. Every candidate for election to any of such offices shall, in announcing his or her candidacy, designate the position for which he or she is a candidate; and the ballots or voting machines to be used at the elections shall be prepared accordingly. All persons in the city qualified to vote in such elections shall be entitled to vote for one candidate for mayor and for one candidate for the position of associate commissioner for each of the four wards. The candidate for the position of mayor who receives a majority of all the votes cast for all candidates for this position shall be declared elected as mayor; but if no candidate receives a majority, the two candidates receiving the highest number of votes cast shall be declared eligible for a second election. Whenever a candidate for any one of the positions of associate commissioner receives a majority of all the votes cast for all candidates for that position, he or she shall be declared elected to the position so designated; but if no candidate for such a designated position receives a majority, the two candidates receiving the highest number of votes shall be declared eligible for a second election. Such second election, when and if necessary, shall be held on the second Tuesday next succeeding the date of the first election. The candidate who received the highest number of votes in the second election shall be declared elected to such designated position. The term of office for the mayor shall be four years, and until his or her successor is elected and qualified as hereinafter provided. The term of office of each associate commissioner receiving the highest number of votes cast shall be four years, and until his or her successor is elected and qualified as hereinafter provided. Candidates declared elected shall qualify and take office on the first Monday in October next following their election. Except as otherwise provided herein, elections of the mayor and associate commissioners provided for by this part shall be conducted in accordance with the general election laws of Alabama.
Ala. Code § 45-8A-20.05 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-20.05
Section 45-8A-20.05 Amendments to Certificate of Incorporation
Status: in_force

(a) The certificate of incorporation of the authority incorporated under the provisions of this part may at any time and from time to time be amended in the manner provided in this section. The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which shall be set forth in full in the resolution and which amendment may include any matters which might have been included in the original certificate of incorporation.

(b) After the adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the chairman of the board and the secretary of the authority shall sign and file a written application in the name of and on behalf of the authority, under its seal, with the governing body of the city, requesting such governing body to adopt a resolution approving the proposed amendment, and accompanied by a certified copy of the resolution adopted by the board proposing the amendment to the certificate of incorporation, together with such documents in support of the application as the chairman may consider appropriate. As promptly as may be practicable after the filing of the application with the governing body of the city pursuant to the foregoing provisions of this section, that governing body shall review the application and shall adopt a resolution either denying the application or authorizing the proposed amendment. Such governing body shall also cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken.

(c) Within 40 days following the adoption by the governing body of the city of a resolution approving the proposed amendment the chairman of the board of the authority and the secretary of the authority shall sign, and file for record in the office of the Judge of Probate of Calhoun County a certificate in the name of and in behalf of the authority under its seal reciting the adoption of the respective resolutions by the board and by the governing body and setting forth the proposed amendment. The judge of probate for such county shall thereupon record such certificate in an appropriate book in his or her office. When such certificate has been so filed and recorded, such amendment shall become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. No certificate of incorporation of the authority shall be amended except in the manner provided in this section.
Ala. Code § 45-37A-52.220 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.220
Section 45-37A-52.220 Removal of Officers and Employees
Status: in_force

Subject to the provisions of any civil service or merit system applicable to the city, any officer or employee to whom the mayor, or a head of any office, department, or agency, may appoint a successor, may be removed by the mayor or other appointing officer at any time, and the decision of the mayor, or other appointing officer, shall be subject to appeals therefrom, if any, provided by applicable law.
Ala. Code § 45-31-242.03 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-242.03
Section 45-31-242.03 Tobacco Stamps
Status: in_force

The tax hereby authorized shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40-25-1 through Section 40-25-28. The State Department of Revenue shall have the same duties relative to the preparation and sale of stamps to evidence the payment of such tax that it has relative to the preparation and sale of stamps under those sections and may exercise the same powers and perform the same duties in the same manner relative to the collection of the tax hereby levied that it does relative to the collection of that tax.
Ala. Code § 45-49-101.11 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-101.11
Section 45-49-101.11 Relation to Uniform Traffic Ticket and Complaint
Status: in_force

Adoption by a county or city board of education located in Mobile County, of the procedures under this part and the enforcement of this part by Mobile County or a municipality located in Mobile County, may not affect current procedure and prosecutions commenced by issuance of a uniform traffic ticket and complaint by a law enforcement officer or otherwise. The issuance of a notice of a violation as authorized by this part shall be subordinate to the issuance of a uniform traffic ticket and complaint for the same action if issued by a sworn law enforcement officer, and issuance of a uniform traffic ticket and complaint for a school bus violation shall preclude issuance of a notice of violation as authorized by this part. If both a uniform traffic ticket and complaint and a notice of violation as authorized by this part are issued for the same action, the one issued by a sworn law enforcement officer pursuant to Section 32-5A-154 shall control and shall constitute a defense to the other.
Ala. Code § 45-23-70.01 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-70.01
Section 45-23-70.01 Election of Chair
Status: in_force

(a) In Dale County, effective beginning with the general election in November 2012 and every four years thereafter, the Chair of the Dale County Commission shall be elected from the county at large. The first term of the chair after the general election in 2012 shall commence at the conclusion of the term of the judge of probate serving on February 23, 2010. Thereafter, the judge of probate shall no longer serve as chair of the county commission. The first chair elected from the county at large shall serve until a successor is elected and qualified. Succeeding terms of the chair of the county commission shall commence in November at the same time the term of the county commission commences as provided by general law. The chair of the county commission shall thereafter serve for a term of four years and shall serve until a successor is elected and qualified. The chair of the county commission shall be a resident and qualified elector of the county. The chair of the county commission shall serve full time and shall receive a salary in the amount of forty thousand dollars ($40,000) per year payable in equal monthly installments. In addition, the chair shall receive a monthly expense allowance in the amount of three hundred dollars ($300) per month and the same travel expenses and health insurance benefits payable to other members of the county commission. The chair shall preside at all meetings of the commission, but may designate another member of the commission to serve as chair in his or her absence.

(b) This section shall not affect the salary of the Judge of Probate of Dale County during the term of the judge which ends on January 20, 2013. Effective beginning the next term of office, the judge of probate shall receive the salary provided by law.
Ala. Code § 45-35A-51.20 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-51.20
Section 45-35A-51.20 Discharges
Status: in_force

(a) The appointing authority may discharge an employee in the classified service, whenever he or she considers the good of the service and the welfare of the city will be best served thereby, by making and filing in his or her office an order to that effect together with the reasons assigned for the discharge, however, the power to discharge shall not be capriciously or arbitrarily exercised in any case; a copy of such order and the reasons assigned shall be served upon each the employee and the director before the effective date thereof; and a copy served upon the director shall be filed and retained in the office as a public record. The discharged employee, within 10 days after receipt of the discharge notice, may appeal the action of the appointing authority to the board, by filing a written answer to the chair with a demand for a hearing. It shall be the duty of the board to fix a time and place for hearing on the appeal, and to give notice thereof to the employee and the appointing authority, which appeal shall be heard by the board on a date not later than 30 days from the date the appeal is taken. The personnel board shall have the authority, after an appropriate hearing, and based upon a finding of the facts and applicable law involved, to reduce the severity of the disciplinary action taken by the appointing authority, and issue such orders and decrees with reference thereto as may be just and reasonable, and for the best interest of the city. The findings of fact by the board, based upon its records, and the testimony taken before it, shall be conclusive if supported by substantial evidence. If the appointing authority is sustained by the board, the discharge shall be final as of the date thereof; if the discharge is not sustained, the employee shall continue in the service of the city and shall be entitled to full compensation.

(b) A person in the classified service may also be removed or disciplined in the following manner: Charges may be filed with the director by any officer, citizen, or taxpayer of the city and the director, after an investigation, shall certify the charges filed, together with the results of his or her investigation, to the personnel board and the board shall set a day for a public hearing on such charges. The board shall on the date fixed receive testimony offered in support of and in denial of such charges and from such testimony make a finding of the facts and applicable law involved, in writing, and make such orders and decrees with reference thereto as may be just and reasonable and for the best interest of the city. The findings of fact by the board, based upon its records and the testimony taken before it, shall be conclusive if supported by substantial evidence.

(c) If a person in the classified service relies upon a direct order by a superior as a defense or excuse for the violation of this part or the rules and regulations adopted thereunder, or an omission to observe this part or rules and regulations adopted thereunder, he or she shall establish such direct order of a superior to the reasonable satisfaction of the board.
Ala. Code § 45-43-172 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-172
Section 45-43-172 Site Evaluation Test for Installation or Repair of Conventional Onsite Disposal Septic System
Status: in_force

In Lowndes County, notwithstanding all laws, rules, and regulations to the contrary, upon request by a property owner, the county health department’s public health environmental soil specialist, or its duly appointed agent, shall perform a site evaluation test prior to the installation or repair of a conventional onsite disposal septic system at no cost to the homeowner. However, if Lowndes County becomes a fee-based county, a site evaluation fee of not more than fifty dollars ($50) shall be paid to the Lowndes County Health Department.
Ala. Code § 45-8-200.13 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-200.13
Section 45-8-200.13 State Department of Revenue to Furnish Forms and Blanks
Status: in_force

The State Department of Revenue shall furnish the commissioner of licenses all forms and blanks necessary in connection with the performance of his or her duties in the assessment and collection of ad valorem taxes on automobiles, trucks, or other motor vehicles.
Ala. Code § 45-36-241.45 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-241.45
Section 45-36-241.45 Assessments
Status: in_force

Before any vehicles may be assessed, the revenue commissioner shall be furnished a bona fide bill of sale or title or title application in the present owner’s name, also, if applicable, tag number and decal number presently on the vehicle, unless vehicle is new, in which case the revenue commissioner shall be furnished a bona fide bill of sale or title from the dealer showing when the vehicle was bought new. In the case of a used car brought into the state from a state which provides that upon sale or transfer of the motor vehicle the tags are either surrendered to an appropriate authority or subsequently reissued by the seller, the revenue commissioner shall be furnished a bona fide certificate of title properly assigned which shows when the car was sold to an individual, firm, corporation, or association, living or operating in this state. In the case of a used car purchased from an individual, a bona fide bill of sale or properly assigned title shall be furnished to the revenue commissioner, and, also, if the vehicle has a license tag that is still in effect, a certified copy of the tag receipt shall be furnished to the revenue commissioner or, if the tag on the vehicle has expired, the tag number and decal number or the license tag shall be furnished to the revenue commissioner. If such tag number and decal number, or tag receipt or bill of sale or certificate of title is not furnished, the vehicle shall be presumed to have been in the state the entire year for which taxes are being assessed. Those motor vehicles brought into the state during any tax year and new motor vehicles for which license tags have never been issued that have been sold from the stock of a dealer during any tax year, shall be subject to taxation as if they had been held or owned in the state on the first day of October.
Ala. Code § 45-47-231.35 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-231.35
Section 45-47-231.35 Effective Date
Status: in_force

All employees to which this subpart applies shall be covered by the merit system by March 11, 1980.
Ala. Code § 45-48-250.01 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-250.01
Section 45-48-250.01 Oversight of Privately-Owned Wastewater Systems
Status: in_force

(a) This section shall apply to any wastewater system in Marshall County which, as of May 26, 2017, serves one or more developments, is designed and permitted for discharge of wastewater directly to surface waters of the state, is regulated by the Department of Environmental Management, and serves less than 200 customers.

(b) The Public Service Commission shall promulgate and enforce such rules as are necessary to certify and monitor the economic viability of wastewater management systems which are described in subsection (a). Such regulations shall include a requirement that rate charges to customers for wastewater system service shall be approved by the Public Service Commission pursuant to the laws, rules, regulations, and procedures pertaining to utilities.
Ala. Code § 45-23-60.01 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-60.01
Section 45-23-60.01 Salary, Benefits, and Expenses
Status: reserved

(a) The Coroner of Dale County shall continue to receive a salary of five hundred dollars ($500) per month which shall be paid from the General Fund of Dale County subject to subsection (b).

(b) The coroner shall be entitled to receive an unvouchered allowance for expenses in the amount of seven hundred fifteen dollars ($715) per month to be paid from the general fund of the county. The expense allowance provided in this section shall be in addition to any other allowance or compensation provided for by law. Effective beginning the next term of office, the salary of the coroner shall be increased by the amount of the expense allowance provided by this section, and the expense allowance shall be repealed.

(c)(l) The coroner shall be entitled to the same benefits and allowance as are provided by the Dale County Commission to all other public officials elected in Dale County.

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

(3) The county commission, in addition to the reimbursement of actual expenses, may provide a vehicle, communications equipment, and office space to the coroner as the commission deems necessary for the efficient operations of the coroner’s office.
Ala. Code § 45-16-130 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-130
Section 45-16-130 Duties of County Commission and Engineer
Status: in_force

In addition to all other authority now vested in the Coffee County Commission, the Coffee County Commission shall set the necessary policies and priorities for the construction, maintenance, and repair of all public roads, county highways, bridges, ferries, and public facilities within Coffee County, Alabama, to insure the people of Coffee County with a safe and adequate road system. It shall be the further duty of each associate member of the commission to inspect the roads of his or her district from time to time, and hear the suggestions and complaints of the citizens, and report the same to the commission with his or her recommendations; to advise with the county engineer concerning the problems of his or her district, particularly; and to assist in securing rights-of-ways, and assist in public service generally. It shall be the duty of the county engineer to provide the necessary equipment and personnel to respond to any request of an emergency nature made by an associate member of the Coffee County Commission or any citizen in the absence of a commissioner wherever and whenever an emergency shall arise in Coffee County.
Ala. Code § 45-19-90 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-90
Section 45-19-90 Kellyton Industrial Park
Status: in_force

The Coosa County Commission, after tax abatement incentives have expired from the industrial park in Kellyton, which development was funded with 58 percent of the debt paid by Alexander City and 42 percent of the debt paid by Coosa County, shall pay Alexander City located in Tallapoosa County from the county general fund an amount equal to 58 percent of the noneducational county ad valorem tax revenue derived from the park.
Ala. Code § 45-29-71.06 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-71.06
Section 45-29-71.06 Boundaries of Districts
Status: in_force

For the purposes of this part, and for future elections of members of the county commission, Fayette County is hereby divided into six separate geographical districts, to be numbered one to six, inclusive, the boundaries of which shall be delineated by resolution of the county commission.
Ala. Code § 45-39-111 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-111
Section 45-39-111 Compensation
Status: in_force

In Lauderdale County, an election officer who works at polling places shall receive an additional expense allowance in an amount which, together with any amount paid by the state pursuant to Section 17-6-13, will make the total amount paid to each clerk one hundred dollars ($100) per day and the total amount paid to each returning officer or chief inspector one hundred twenty-five dollars ($125) per day for each day the election officer works at the polls during an election. Notwithstanding the foregoing, the county commission, from time to time and upon adoption of a resolution, may increase or decrease the amount of the expense allowance provided in this section.
Ala. Code § 45-40-244.07 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-244.07
Section 45-40-244.07 Inspection of Reports or Returns
Status: in_force

All reports or returns filed with the agency under this part shall be available for inspection by the governing body of the county, or any duly designated representative, at reasonable times during business hours.
Ala. Code § 45-41-82 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-82
Section 45-41-82 Service of Papers and Documents - Civil or Quasi-Civil Actions
Status: reserved

(a) In Lee County, in addition to all other fees or costs levied, there shall be taxed as costs the sum of twenty dollars ($20), for the service of any papers or documents by the sheriff or any deputy sheriff arising out of any civil or quasi-civil proceeding in any court in Lee County, whether the proceeding is filed in or arising in any of the courts, on appeal, certiorari, or otherwise to the district court or the circuit court. The sum shall be collected in each court in which any service of any papers or documents is made by the sheriff. The costs shall be collected in the same manner as other costs in the cases in the respective courts.

(b) All funds generated by this section shall be paid into the General Fund of Lee County.

(c) The provisions of this section are supplemental and shall be construed in pari materia with other laws regulating court costs; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 45-57A-64.62 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-64.62
Section 45-57A-64.62 Criminal Violations
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 2, commencing with Section 32–5A–30, of Chapter 5A, Title 32, including, but not limited to, Sections 32–5A–31, 32–5A–34, and 32–5A–35, or any other municipal ordinance which embraces and incorporates the statutes contained in that article, and which occurred simultaneously with and under the same set of circumstances which were recorded by the photographic traffic signal enforcement system.
Ala. Code § 45-37A-52.166 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.166
Section 45-37A-52.166 Division of Purchases
Status: in_force

There shall be established in the department of finance a division of purchases, the head of which shall be the city purchasing agent. The purchasing agent, pursuant to rules and regulations established by resolution or ordinance, shall contract for, purchase, store, and distribute all supplies, materials, and equipment required by any office, department, or agency of the city government. The purchasing agent shall also have power and shall be required to:

(1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government.

(2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity, and conformance with specifications.

(3) Have charge of such general storerooms and warehouses as the council may provide by resolution or ordinance.

(4) Transfer to or between offices, departments, or agencies, or sell surplus, obsolete, or unused supplies, material, and equipment.

(5) Perform such other duties as may be imposed upon him or her by resolution or ordinance.
Ala. Code § 45-37-150.10 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-150.10
Section 45-37-150.10 Bingo Games - Age Restriction
Status: in_force

No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any permit issued under this article. No person under the age of 18 years shall be permitted to conduct or assist in the conduct of any game of bingo conducted pursuant to any permit issued under this article.
Ala. Code § 45-34-81.01 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-81.01
Section 45-34-81.01 Law Library Fund; Maintenance of Facilities
Status: in_force

(a) In Henry County, all fees imposed by the circuit court and the district court, pursuant to Section 11-25-9, shall be paid into the County Treasury of Henry County to be used and expended as follows:

(1) Any amounts in excess of forty thousand dollars ($40,000) of the County Law Library Fund on August 2, 1995, and up to 50 percent of the amounts received after August 2, 1995, may be expended for the upkeep of the courtrooms in Henry County.

(2) As provided otherwise in subsection (b).

(b) The circuit and district judges and the judge of probate in Henry County may requisition expenditures against the fund for the payment of any expenses necessarily incurred for law enforcement, and to provide for the maintenance of a law library in the courthouse of the county, and also for the maintenance and operation of the offices of the circuit judge, district judge, or the judge of probate, or other judge of the court. No less than forty thousand dollars ($40,000) shall remain in the County Law Library Fund for direct expenditure for the county law library.
Ala. Code § 45-52-220.02 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-220.02
Section 45-52-220.02 Archives as Depository of Records and Historical Items
Status: in_force

The Morgan County Archives shall act as a separate depository for the archival and historic records of all branches of Morgan County government including, but not limited to, the county commission, the judge of probate, the office of the revenue commissioner, the office of the license commissioner, and the sheriff’s department. Any records required to be kept by law by any of the above county officers or departments may be stored in the Morgan County Archives by agreement of the county officer or department. In addition, the Morgan County Archives may act as a depository for items of historical significance from the private sector of Morgan County including, but not be limited to, photographs, books, family histories, diaries, letters, ledgers, and artifacts.
Ala. Code § 45-14-243.07 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-243.07
Section 45-14-243.07 Charge for Collection; Disposition of Funds
Status: in_force

(a) The State Department of Revenue shall charge Clay County for collecting the special county tax levied under this part such amount or percentage of total collections as may be agreed upon by the Commissioner of Revenue and the Clay County Commission, but such charge shall not, in any event, exceed 10 percent of the total amount of the special county tax collected in the county under this part. Such charge for collecting such special tax may be deducted each month from the gross revenues from such special tax before certification of the amount of the proceeds thereof due Clay County for that month. The Commissioner of Revenue shall pay into the State Treasury all tax collected under this part, as such tax is received by the Department of Revenue, and on or before the first day of each successive month (commencing with the month following the month in which the department makes the first collection hereunder) the commissioner shall certify to the state Comptroller the amount of tax collected under the provisions of this part and paid into the State Treasury for the benefit of Clay County during the month immediately preceding such certification. Provided, however, that before certifying the amount of the tax paid into the State Treasury for the benefit of Clay County during each month, the commissioner may deduct from the tax collected in the month the charge due the department for the collection of the tax for the county. It shall be the duty of the Comptroller to issue his or her warrant each month payable to the County Treasurer of Clay County in his or her official capacity in an amount equal to the amount so certified by the Commissioner of Revenue as having been collected for the use of the county. He or she shall then deliver to the Clay County Commission the balance remaining.

(b) All revenues arising from the taxes herein levied shall be distributed in the following manner:

(1) Fifty percent to the Clay County General Fund.

(2) Fifty percent to the county hospital to be used and expended as directed by the Clay County Hospital Board for the general operation of the Clay County Hospital. If the Clay County Hospital Board of Directors sells or leases the hospital to a third party, 50 percent of the levy of the tax imposed by the commission shall be discontinued at that time.
Ala. Code § 45-3-244.07 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-244.07
Section 45-3-244.07 Construction and Application of Subpart
Status: in_force

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

(b) This subpart shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the purpose of resale or reshipment outside of such counties which are actually resold or reshipped.
Ala. Code § 45-41A-40.03 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-40.03
Section 45-41A-40.03 Application; Authorization of Incorporation
Status: in_force

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

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

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

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

(4) Request that the governing body of the city adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-41A-40.04

(b) Each application shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application with it in accordance with this section, the governing body of the city shall review the contents of the application, and shall adopt a resolution either denying the application or declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-41A-40.04. The governing body with which the application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting of such governing body at which final action upon the application is taken.
Ala. Code § 45-8A-23.183 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.183
Section 45-8A-23.183 Contracts for City Improvements
Status: in_force

Any city improvement costing more than five hundred dollars ($500) shall be executed by contract. All such contracts for more than five hundred dollars ($500) shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance, provided the city manager 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 city manager.
Ala. Code § 45-39-81.03 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-81.03
Section 45-39-81.03 Additional Court Costs - Domestic Violence Cases
Status: in_force

In addition to all other costs and charges in circuit, district, and municipal court cases in Lauderdale County, there shall be levied and assessed a court cases in Lauderdale County, there shall be levied and assessed a court cost of twenty-five dollars ($25) in all cases in which court costs are assessed which are determined by the judge to be domestic violence cases. The clerk of the court shall collect the court costs and shall remit the proceeds quarterly to the office of the Chief Presiding District Court Judge of Lauderdale County to be used to operate domestic violence shelters located in Lauderdale County that are in compliance with the standards for operation of the Alabama Coalition Against Domestic Violence.
Ala. Code § 45-49-151.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-151.03
Section 45-49-151.03 Treasurer
Status: in_force

The Mobile County Treasurer shall be ex officio treasurer of the racing commission, and shall receive from the racing commission all funds received by the commission pursuant to this subpart, and shall deposit the funds into depositories as directed by the racing commission, and shall disburse funds by direction or warrant of the racing commission.
Ala. Code § 45-8-180 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-180
Section 45-8-180 E 911 Service; Street and Road Signs
Status: in_force

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

(b) In order to establish effective E 911 service in Calhoun County, it is necessary for various streets and roads to be renamed and for new street and road signs to be purchased and erected such that those providing emergency services may be able to quickly identify and find the location where emergency services are required. Funds to provide new street and road signs are not available and have not been provided for by other legislation. Without these funds the establishment of an effective E 911 service in the communications districts in Calhoun County will not be possible. This section is to provide for this local need that exists in Calhoun County such that an effective E 911 service may be established in the communications districts of that county.

(c) Funds collected or obtained pursuant to the provisions of Title 11, Subtitle 3, Chapter 98, by communications districts in Calhoun County may be used to purchase road and street signs necessary for roads and streets which are renamed in order to establish E 911 service in the communications districts in Calhoun County.

(d) It is the intention of the Legislature that the provisions of this section be interpreted to allow an additional use of funds collected or obtained pursuant to the provisions of Title 11, Subtitle 3, Chapter 98, in Calhoun County as herein provided.
Ala. Code § 45-42-243 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-243
Section 45-42-243 Levy of Taxes Paralleling State Taxes
Status: in_force

(a) In Limestone County there is hereby levied, in addition to all other taxes of every kind now imposed by law, and shall be collected as herein provided, special county privilege or license taxes and excise taxes paralleling, with like provisions in the county, such state taxes as are levied by the State of Alabama by Act 100, 1959 Second Special Session (Acts 1959, p. 298), and Article 11 of Chapter 20 of Title 51 of the Code of Alabama of 1940, as the article had been last amended on September 1, 1959, and as it existed on that date, in an amount equal to 33 and one-third percent of the state levy, as follows:

(1) A privilege or license tax against the person on account of the business activities and in the amount to be determined by the application of rates against the gross sales, or gross receipts, as the case may be, as follows:

a. Upon every person, firm, or corporation (not including the State of Alabama or the Alabama Alcoholic Beverage Control Board or ABC stores, but including the University of Alabama, Alabama Polytechnic Institute and all other institutions of higher learning in the state, whether such institutions be denominational, state, county, or municipal institutions, and any association or other agency or instrumentality of such institutions) engaged, or continuing within Limestone County in business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character, (not including, however, bonds or other evidences of debts or stocks), an amount equal to one percent of the gross proceeds of sales of the business except where a different amount is expressly provided herein. Provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified, when his or her books are kept as to show separately the gross proceeds of sales of each business, and when his or her books are not so kept he or she shall pay the tax as a retailer, on the gross sales of the business.

b. Upon every person, firm, or corporation engaged, or continuing within Limestone County, in the business of conducting or operating, places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theaters, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games, (including athletic contests conducted by or under the auspices of any educational institution within the county, or any athletic association thereof, or other association whether such institution or association be a denominational, a state, a county, or a municipal institution or association or a state, county, or city school or other institution, association, or school), skating rinks, race tracks, golf courses, or any other place at which any exhibition, display, amusement, or entertainment is offered to the public or place or places where an admission fee is charged, including public bathing places, public dance halls of every kind and description within Limestone County, an amount equal to one percent of the gross receipts of any such business.

c. Upon every person, firm, or corporation engaged or continuing within Limestone County in the business of selling at retail machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property, and the parts of such machines, attachments, and replacements therefor which are made or manufactured for use on or in operation of such machines, and which are necessary to the operation of such machines and are customarily so used, an amount equal to one-half of one percent of the gross proceeds of such machines, attachments, parts, and replacements therefor.

d.1. Upon every person, firm, or corporation engaged or continuing within Limestone County in the business of selling at retail any automotive vehicle or truck trailer and semi-trailer, an amount equal to one-half of one percent of the gross proceeds of the sale of such automotive vehicle, truck trailer, and semi-trailer.

2. Where any used automotive vehicle or truck trailer or semitrailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.

(2)a. An excise tax on the storage, use, or other consumption in Limestone County of tangible personal property purchased at retail on or after December 1, 1959, for storage, use, or other consumption in the county at the rate of one percent of the sales price of such property, regardless of whether the retailer is or is not engaged in the business in the county, except as provided below in paragraphs b. and c.

b. An excise tax on the storage, use, or other consumption in Limestone County of any machine used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property, including the parts of such machine, attachments, and replacements therefor which are made or manufactured for use on or in the operation of such machine, purchased at retail on or after December 1, 1959, for storage, use, or other consumption in Limestone County, at the rate of one-half of one percent of the sales price of such machine or the parts, attachments, or replacements therefor.

c. An excise tax on the storage, use, or other consumption in Limestone County of any automotive vehicle, truck trailer, or semi-trailer purchased at retail on or after December 1, 1959, for storage, use, or other consumption in Limestone County at the rate of one-half of one percent of the sales price of such automotive vehicle, truck trailer, or semi-trailer. Where any used automotive vehicle or truck trailer or semitrailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.

(b) Every person storing, using, or otherwise consuming in Limestone County tangible personal property purchased at retail after December 1, 1959, shall be liable for the tax, and the liability shall not be extinguished until the tax has been paid as provided for by this part; provided, however, that a receipt from a retailer maintaining a place of business in Limestone County showing the payment of such tax shall be sufficient to relieve the purchaser from further liability for a tax to which such receipt may refer.
Ala. Code § 45-11-231.01 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-231.01
Section 45-11-231.01 Definitions
Status: in_force

As used in this subpart, the following words have the following meanings:

(1) BOARD. The merit system board created by this subpart.

(2) COUNTY. Chilton County.

(3) EMPLOYEE. Any law enforcement officer, radio operator, jailer, and law enforcement support personnel, not excepted by Section 45-11-231.02, who is employed by the sheriff.

(4) MERIT EMPLOYEE. Any employee who shall have completed one year of probationary employment.
Ala. Code § 45-49-230.05 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-230.05
Section 45-49-230.05 Qualifications of Sheriff; Continuing Education
Status: in_force

(a) On or after June 1, 2024, an individual qualifying for election to the office of sheriff in Mobile County or any individual appointed to serve as a sheriff in the county shall meet all of the following minimum qualifications, in addition to any other qualifications required by law:

(1) Is a citizen of the United States.

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

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

(4) Has been awarded a high school diploma or a GED equivalent.

(5) Is 25 years of age or older prior to qualifying.

(6) Has five or more years of prior service as a sworn law enforcement officer having the power of arrest.

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

(8) Has an associate degree or preferably a bachelor’s degree.

(b) Upon election or appointment, the sheriff of the county shall attend annually a minimum of 12 hours of executive level continuing education approved by the Alabama Sheriffs Association or the National Sheriffs’ Association, or any other recognized executive level continuing education program designed for law enforcement.
Ala. Code § 45-37A-42.07 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-42.07
Section 45-37A-42.07 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 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 § 45-17-81.17 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-81.17
Section 45-17-81.17 Costs and Fees
Status: in_force

(a) An applicant shall pay a nonrefundable application fee of one hundred fifty dollars ($150). The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger management treatment required by law, and are in addition to costs of supervision, treatment, and restitution for which the person may be responsible. Pretrial diversion program fees as established by this subpart may be waived or reduced for just cause at the discretion of the district attorney. A schedule of payments for any of these fees may be established by the district attorney.

(b) The following nonrefundable fees shall be applied to applicants accepted into the pretrial diversion program:

(1) Felony offenses: Up to seven hundred fifty dollars ($750), plus a supervision fee of up to fifty dollars ($50) per month.

If the offense is a drug-related offense, then the following nonrefundable fees shall apply:

1. The applicant shall pay an application fee of two hundred fifty dollars ($250).

2. The accepted applicant shall pay a participation fee of one thousand five hundred dollars ($1,500).

(2) Misdemeanor offenses (excluding traffic): Up to five hundred dollars ($500), plus a supervision fee of up to fifty dollars ($50) per month.

(3) Traffic offenses: Up to three hundred dollars ($300).

If the traffic offense involves alcohol, then the following nonrefundable fees shall apply:

1. The applicant shall pay an application fee of two hundred fifty dollars ($250).

2. The accepted applicant shall pay a participation fee of one thousand dollars ($1,000).

3. The accepted applicant shall pay a supervision fee of fifty dollars ($50) per month for a minimum of six months.

(c) Twenty-five dollars ($25) of the fee for each applicant accepted into the pretrial diversion program shall be allocated to the Colbert County General Fund.

(d) The district attorney may use fees collected by the pretrial diversion program to help support local and state law enforcement, or any agency or department of city or county government which assists local law enforcement. This support shall be provided to help employ more officers or staff, buy needed equipment or supplies, provide training opportunities, or any other law enforcement purposes.

(e) Fees required by this subpart shall be collected by the district attorney’s office and shall be deposited by the district attorney into the pretrial diversion fund as described in Section 45-17-81.20. Those fees due to the Colbert County General Fund shall be disbursed on a monthly basis.
Ala. Code § 45-34-60.01 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-60.01
Section 45-34-60.01 Expense Allowance; Salary
Status: in_force

(a) Commencing on October 1, 2007, the Coroner of Henry County shall receive an additional expense allowance so that total compensation of the coroner equals eighteen thousand seven hundred thirty-two dollars ninety-six cents ($18,732.96) per annum. This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(b) Beginning with the expiration of the term of the incumbent coroner, the annual salary for the coroner shall be increased to an amount that equals eighteen thousand seven hundred thirty-two dollars ninety-six cents ($18,732.96) per annum, payable in equal monthly installments from the general fund of the county and at that time, subsection (a) shall become null and void.
Ala. Code § 45-48-101.21 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-101.21
Section 45-48-101.21 Districts; Representation
Status: in_force

(a) That area known as the Marshall County school system and served by the Marshall County Board of Education shall be divided by the board into four districts. The initial boundaries of the districts shall be based upon a map drawn by the board and filed in the office of the Judge of Probate of Marshall County by the members of the board. The separate districts shall be known as and shall include the following schools:

(1) District 1, Ashbury.

(2) District 2, Douglas.

(3) District 3, Brindlee Mountain.

(4) District 4, DAR.

(b) As the terms of current board members expire, members shall be elected to the board to represent those districts without representation on the board. If more than one of those districts is without representation on the board, the board shall designate from which district or districts successor board members shall be elected. In designating the sequence of election of members from the districts, the board shall endeavor to have representation from each of the four districts as soon as is practicable. After each district is represented on the board, any successor district member elected to the board shall be a resident of the district of the member whose term is expiring.

(c) A candidate for election as a district member of the board shall be a resident of the district which he or she seeks to represent on the board for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall reside in that district during his or her entire term of office.

(d) Marshall County school system at-large member.

(1) One member may reside anywhere within the Marshall County school system and shall be elected to the board at-large from the Marshall County school system.

(2) A candidate for election to the at-large position shall be a resident of the Marshall County school system for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall reside within the Marshall County school system during his or her entire term of office.

(e) The elections to elect the district members and the at-large member of the board as provided by this subpart shall be held at a time that corresponds to the election cycle used for the members of the board serving on August 1, 2012.
Ala. Code § 45-27-50 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-50
Section 45-27-50 Office of Constable Abolished
Status: in_force

(a) The office of constable is hereby abolished in Escambia County.

(b) Any person now serving in such office in Escambia County shall be entitled to any vested rights accrued.
Ala. Code § 45-39A-12.01 — Alabama Code / Title 45 / Chapter 39A / Section 45-39A-12.01
Section 45-39A-12.01 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 a member leaves the district he or she represents, that position on the board shall be considered vacant and shall be filled pursuant to Section 45–39A–12.05. 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 § 45-44-231.01 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-231.01
Section 45-44-231.01 County Jail Administrator
Status: in_force

The Sheriff of Macon County is authorized to employ a county jail administrator, who shall serve at the pleasure of the sheriff and shall perform such duties as the sheriff may direct. The salary of the county jail administrator shall not exceed sixteen thousand five hundred dollars ($16,500) per annum which shall be paid in equal monthly installments from the sheriff’s special fund from the dog track revenue.
Ala. Code § 45-15-130.01 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-130.01
Section 45-15-130.01 Appointment of County Engineer; Qualifications; Requirements
Status: in_force

The Cleburne County Commission, or any succeeding county governing body, shall appoint and employ a county engineer, who shall be a thoroughly qualified and competent professional engineer and may or may not be a land surveyor. The county engineer shall possess all of the qualifications as specified for county engineers under the general laws of the State of Alabama. The county engineer shall devote his or her entire time and attention to the maintenance and construction of the Cleburne County public roads, highways, bridges, ferries, and other county engineering projects. The county engineer shall serve at the pleasure of the county commission.
Ala. Code § 45-32-151.04 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-151.04
Section 45-32-151.04 Construction of Part
Status: in_force

This part shall be liberally construed to expand the opportunity of patrons of the Greene County Racetrack to wager on televised racing events conducted at other racetracks and to participate in combined pools with respect to the events. Nothing in this part shall be construed to authorize or make lawful off-track betting or gambling of any kind at any location in the State of Alabama other than a racetrack where pari-mutuel wagering on live racing may be lawfully conducted.
Ala. Code § 45-21-241.23 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-241.23
Section 45-21-241.23 Addition of Tax to Sales Price or Admission Fee
Status: in_force

Each person engaging or continuing within Crenshaw County in a business subject to the tax levied in Section 45-21-241.21, shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer on account of the sale or admission. It shall be unlawful for any person subject to the tax levied to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount herein required to be so added to the sale or admission price and collected from the purchaser, and it shall likewise be unlawful for any person subject to the tax to refund or offer to refund all or any part of the amount so collected or to absorb or advertise directly or indirectly the absorption or refund of the tax or any portion thereof.
Ala. Code § 45-31-84.04 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-84.04
Section 45-31-84.04 Ineligibility for Program
Status: in_force

Admittance into the pretrial diversion program is in the sole discretion of the city attorney. An offender deemed by the city attorney to be a threat to the safety or well being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses shall be ineligible for admittance:

(1) Any offense involving violence or aggression resulting in injury to a law enforcement officer.

(2) Any offense involving eluding or attempting to elude a law enforcement officer.

(3) Any offense involving violence where weapons are used or where children are victims.

(4) Any driving under the influence charge where serious physical injuries are involved.

(5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official.

(6) The person may not hold a commercial driver license (CDL) issued in any state, any United States possession or territory, or any United States insular area, or has no conviction for which a commercial driver license was required.
Ala. Code § 45-54-111 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-111
Section 45-54-111 Compensation
Status: in_force

In Pickens County, election officials who work at polling places are entitled to an additional per diem allowance in such amounts as, together with any amount paid by the state, shall make the total paid to such officials thirty-five dollars ($35) for each day they work at the polls. If the amount paid to such officials 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 in like amount. The expense allowance provided for in this section shall be paid from the general fund of the county.
Ala. Code § 45-16-84.03 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-84.03
Section 45-16-84.03 Compensation for Chief Clerks
Status: in_force

The chief clerks in the Elba and Enterprise offices of the judge of probate and revenue commissioner in Coffee County, Alabama, shall each be entitled to a salary increase in the amount of four hundred fifty dollars ($450) per month. Such salary increases shall be paid to such clerks in the usual manner from the county general fund.
Ala. Code § 45-29-90.05 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-90.05
Section 45-29-90.05 Powers, Duties, and Functions of Authority
Status: in_force

(a) The general powers, duties, and functions of the authority shall be as follows:

(1) Shall have perpetual succession in its corporate name.

(2) May sue and be sued in its corporate name.

(3) May adopt, use, and alter a corporate seal, which shall be judicially noticed.

(4) May enter into such contracts and cooperative agreements with federal, state, and local governments, with agencies of such governments, and with private individuals, corporations, associations, and other organizations whether organized under the laws of Alabama or of another state, as the board may deem necessary or convenient to enable it to carry out the purposes of this article.

(5) May adopt, amend, and repeal bylaws.

(6) May appoint managers, officers, employees, attorneys, and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties, and require bonds of such of them as the board may determine, the salaries of any such employees to be paid out of such funds as may be available to the authority from any source.

(b) The authority may institute legal proceedings in any court of competent jurisdiction and proper venue; provided, that the authority may not be sued or subjected to a counterclaim, cross-claim, setoff, or recoupment in any court other than the courts of Fayette County, Alabama; and provided, further, that the officers, directors, agents, and employees of the authority may not be sued or subjected to a counterclaim, cross-claim, setoff, or recoupment for actions in behalf of the authority in any court other than the courts of Fayette County, Alabama. No claim or cause of action, based wholly or in part upon allegations which call into question the validity of the authority, shall be heard or adjudicated in any court other than the courts of Fayette County, Alabama.
Ala. Code § 45-51-121.08 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-121.08
Section 45-51-121.08 Political Activity
Status: in_force

(a) Any employee may participate in county political activities to the same extent as authorized by state law. This activity may include endorsing a candidate and contributing to campaigns. Employees may join local political organizations and state and national political parties. Employees may also support issues of public welfare, circulate petitions, and make contributions.

(b) No employee of the county shall use his or her official position or authority to influence the vote or political action of any person, nor shall any county funds, property, or time be used for any political activity. No employee of the county shall solicit political contributions or solicit work in any capacity in a campaign from any person who is a subordinate employee.
Ala. Code § 45-49-91.20 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-91.20
Section 45-49-91.20 Application of Other Provisions
Status: in_force

Wherever the regulations made under authority of this part require a greater width or size of yards, or open spaces, or require a lower height of buildings, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other federal, state, or local statute or like ordinance or regulation, the regulations made pursuant to this part shall govern. Wherever any other statute or local ordinance or regulation require a greater width or size of yards, or other open space, or require a lower height of buildings, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by regulations made pursuant to this part, that statute or local ordinance or regulation shall govern.
Ala. Code § 45-42-162.13 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-162.13
Section 45-42-162.13 Appointment of Metropolitan Manager
Status: in_force

(a) The mayor shall appoint, subject to commission approval, a metropolitan manager, who shall be an officer of the metropolitan-government, and shall have the powers to perform the duties required. No sitting member of the metropolitan-government shall be appointed manager. Any civil service act (applicable to the municipality) shall not apply to the appointment or the removal of the manager.

(b) A temporary or acting manager may be designated, subject to commission approval, to serve for not more than four months in these events, but only under the following circumstance: (1) When the first mayor takes office after adoption of this part; or (2) following the removal of any permanent metropolitan manager.

(c) Such temporary acting manager shall perform the duties and assume the obligations of the office of manager and may be removed by the commission at any time. If the commission shall permit the temporary or acting manager to serve for longer than four months, he or she shall become the permanent manager.

(d) Any person appointed as acting manager or as manager need not be a resident of the county (metropolitan jurisdiction) nor a resident of the State of Alabama at the time of his or her appointment.

(e) The metropolitan manager shall be appointed for an indefinite term, and may be removed by a vote of the commission. Any such removal shall be subject to any agreements contained in a written contract between the mayor and the manager, as approved by the commission.
Ala. Code § 45-45-82.22 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-82.22
Section 45-45-82.22 Facilities and Budget
Status: in_force

In return for the Madison County Law Library serving the legal materials needs of the county, and of court officials, and of the citizens of the county, the Madison County governing body may furnish adequate space and utilities for the Madison County Law Library established under this subpart and may supplement the book and materials budget if it considers such to be needed.
Ala. Code § 45-26-81.44 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-81.44
Section 45-26-81.44 Payment of Ad Valorem Vehicle Tax Prerequisite to Issuance of License or Transfer; Certificate of Assessment
Status: in_force

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.
Ala. Code § 45-2-221.02 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-221.02
Section 45-2-221.02 Definitions
Status: in_force

As used in this part, the following terms shall have the meanings or descriptions as provided herein unless the context clearly indicates otherwise:

(1) “Historic district” shall refer to any district designated as a historic district by the Baldwin County Commission pursuant to the terms of this part. A historic district shall meet at least one of the following criteria:

a. The district is listed on the national and/or state registers; or

b. The district shall contain a significant number of buildings that are 50 years or older; or

c. The district shall contain buildings of distinct historical architectural character; or

d. Is an area where significant personalities or events existed or occurred.

(2) “Preservation district” shall refer to any district designated as a preservation district by the Baldwin County Commission pursuant to this part. A preservation district shall meet at least one of the following criteria:

a. The district 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; or

b. The district is an area with special character, design, or aesthetic value.
Ala. Code § 45-9-245.08 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-245.08
Section 45-9-245.08 Disposition of Funds
Status: in_force

Proceeds from the additional taxes as prescribed by this part and deposited into the county’s general funds shall be utilized as follows:

(1) Forty percent of all revenues generated from the additional sales tax shall be utilized for the public safety concerns of the citizens of Chambers County that will promote the safety and well being of county citizens.

(2) Sixty percent of the revenues shall be transferred into a special fund under the control of the county commission to be utilized exclusively for the construction and maintenance of county infrastructure items related to the development of industrial, economic, commercial, recreational, and public welfare projects.
Ala. Code § 45-17-90.52 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-90.52
Section 45-17-90.52 Disposition of Funds
Status: in_force

Expenditures from the special fund provided for in Section 45-17-90.51 shall be made exclusively for the purposes of paying principal of, premium, if any, and interest on securities evidencing obligations incurred for payment for the Shoals Economic Development Project. All of the proceeds of the taxes herein authorized shall be specifically pledged by the Colbert County Commission to the payment of principal of, premium, if any, and interest on the securities, whether such securities are issued by the county or by a local public corporation. The pledge of the taxes herein authorized for the payment of the principal of, premium, if any, and interest on securities issued by Colbert County or a local public corporation, together with any applicable covenants of the county and the local public corporation relating to such pledge, shall have the force of contract between the county, the local public corporation, and the holders of the securities. The proceeds of the taxes may be deposited by the county or the State Department of Revenue, if the department is the collector of the taxes, directly with the paying agent or the trustee of the securities. Notwithstanding the foregoing provisions of this section, no monies from the special fund provided for in Section 45-17-90.51 and no proceeds of any securities shall be expended for any purpose on the Florence River Heritage Trail.
Ala. Code § 45-57A-63 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63
Section 45-57A-63 Applicability of Part
Status: in_force

(a) Any city in the state, which has a population of not less than 23,000 nor more than 27,000 inhabitants according to the 1970 or any subsequent federal decennial census, may adopt the council-manager form of government by proceeding in the manner hereafter in this part provided.

(b) The Legislature finds that the council-manager form of government has been adopted pursuant to this part and is operative in a Class 5 municipality. It is the intent of this part to further provide for the council-manager form of government under this part.
Ala. Code § 45-38-240.01 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-240.01
Section 45-38-240.01 Purpose
Status: in_force

The purpose of this subpart is to conserve revenue and promote the public convenience in the county by consolidating the office of tax assessor and the office of tax collector into one county office designated as the office of county revenue commissioner.
Ala. Code § 45-31-141.03 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-141.03
Section 45-31-141.03 Petition for Election
Status: in_force

(a) Upon any petition being filed in the office of the judge of probate, he or she shall order an election to be held in the proposed district on the question or questions on which the petition requests an election. The petition shall be signed by at least 100 qualified electors residing within the boundaries of the proposed district.

(b) The petition shall contain a map and description of the area which is proposed to be established as a district under this article and the petition shall request the judge of probate to call an election on the following question: “Shall there be created for the area a district for fighting fires? Yes ( ) No ( )”

(c) The petition shall state the name of the proposed district. The board of a district may change the name of a district by filing in the office of the judge of probate a copy of the resolution changing the name thereof, which copy shall be certified by the president of the board.

(d) The petition for election on the establishment of a district may be accompanied by a petition for an election on the question of levying a proposed service charge or fee which last named petition shall be signed by at least 100 qualified electors residing within the proposed district. A petition for an election on the establishment of a district shall be deemed to be accompanied by a petition for an election on the question of levying a proposed service charge or fee and a petition for an election on the question of the proposed composition of the board, if the request for the election on the proposed district, the request for the election proposed service charge or fee, and the request for an election on the proposed composition of the board are combined in a single petition.
Ala. Code § 45-20-242 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-242
Section 45-20-242 Rescue Squads
Status: in_force

In Covington County, all rescue squads are exempted from the payment of any and all county and municipal sales and use taxes.
Ala. Code § 45-54-170 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-170
Section 45-54-170 Board of Health Fees
Status: in_force

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

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

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

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

(e) All fees collected pursuant to this section are appropriated to the Pickens County Health Department which collected the fees.
Ala. Code § 45-57-170.25 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-170.25
Section 45-57-170.25 Employee Authorization
Status: in_force

(a) All necessary employees and agents of the county are expressly authorized to enter upon private property to carry out this subpart.

(b) Any real property owner may have any nuisance removed at his or her own expense prior to the arrival of the employees or agents of the county to remove the nuisance.
Ala. Code § 45-44-231.40 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-231.40
Section 45-44-231.40 Applicability and Implementation
Status: in_force

(a) This subpart shall apply to Macon County.

(b) Provided, however, that the implementation of this subpart shall be completely discretionary with the county commission.
Ala. Code § 45-57A-63.94 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.94
Section 45-57A-63.94 Supporting Schedules
Status: in_force

Attached to the budget message shall be such supporting schedules, exhibits, and other explanatory material, in respect to both current operations and capital improvements, as the city manager shall believe useful to the council.
Ala. Code § 45-39-245.05 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-245.05
Section 45-39-245.05 Collection by Civil Suit
Status: in_force

The taxes herein levied shall constitute a debt due Lauderdale County and the City of Florence, and may be collected by civil suit in addition to the methods provided by law or herein otherwise provided.
Ala. Code § 45-49-21.20 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-21.20
Section 45-49-21.20 Legislative Findings
Status: in_force

(a) The Legislature is cognizant of Opinion of the Justices No. 376, issued April 9, 2002, which states that a local bill for Washington County “purporting to allow by local law the creation of a traffic in alcohol that does not presently exist in smaller municipalities in Washington County, does not fit within the ambit of the last paragraph of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such traffic.” The effect of this Opinion of the Justices is to greatly limit situations in which local laws may be enacted regarding alcoholic beverages. This opinion, in part, was based upon a determination that, “Generally, ‘regulate’ implies the exercise of control over something that already exists.” While respecting the constitutional authority granted to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this body disagrees with the conclusion reached by the court concerning Section 104. In an effort to further define this issue and to assist the court in the appropriate interpretation of Section 104, the Legislature of Alabama respectfully makes the following findings:

(1) As used in Section 104, the term regulate was not intended to be of a narrowing or restraining nature. If that was the intent of the framers of the constitution, an appropriate verb such as limit, restrict, or suppress, in conjunction with the phrase existing laws, would have been employed.

(2) With all due respect to the court, the word regulate does not generally imply “the exercise of control over something that already exists” and such a construction is not the “general sense of the phrase.” To the contrary, one of the initial definitions of regulate in Black’s Law Dictionary is “to fix, establish, or control”; and establish in the same dictionary includes the definition “to found, to create, to regulate.” Unquestionably, regulate does not imply application only to something in existence; rather, the term includes the establishment or creation of the thing to be subsequently managed.

(3) The interpretation of the term regulation adopted by the court, if applied to other federal and state constitutional and statutory provisions, will result in unreasonable and unintended restrictions. For instance, the language in Article I, Section 8 of the United States Constitution, “The congress shall have power TTT to regulate commerce TTT” was not intended to apply only to types of commerce in existence at the time the United States Constitution was adopted. In fact, the United States Supreme Court has stated that this clause should be broadly construed to meet the overexpanding and increasingly complicated conditions of commerce. Similarly, numerous state statutes are initially adopted to regulate certain types of professional or vocational activities or functions, and these activities or functions are concurrently initially authorized. Under the court’s construction, if such activities or functions are not first in existence, they may not subsequently be controlled.

(4) In view of the research of the court indicating the absence of any discussion concerning this issue in the debates of the 1901 Constitutional Convention, and the absence of any reference to historical records of that time, the interpretation of Section 104 by modern era historians should only be given marginal consideration. As stated by the court, such historical perspectives merely give the “appearance” of intent, and, accordingly, are not supportive of specific construction of Section 104.

(5) The concluding paragraph of Section 104 is a unique provision providing for a form of local option or home rule. In view of the present sentiments of Alabama citizens to allow local control of public matters, it is essential that this body and the judiciary appropriately interpret this provision.

(b) Based upon the reasons expressed in subsection (a), as a matter of law, the Legislature declares that this subpart regulates the liquor traffic within the meaning and intent of Section 104 of the Constitution of Alabama of 1901.
Ala. Code § 45-23-230.03 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-230.03
Section 45-23-230.03 Additional Expense Allowance; Increase to Salary
Status: in_force

(a) Commencing on May 1, 2021, the Sheriff of Dale County shall be entitled to an additional expense allowance in the amount of fifteen thousand dollars ($15,000) per annum, which shall be in addition to all other expense allowances, compensation, or salary provided by law. This expense allowance shall be payable in equal monthly installments from the general fund of the county and may be treated as compensation for retirement contributions.

(b) Beginning with the expiration of the term of the incumbent sheriff, the annual salary for the sheriff shall be increased by fifteen thousand dollars ($15,000) per annum, payable in equal monthly installments from the general fund of the county and at that time, subsection (a) shall become void.
Ala. Code § 45-2-61.11 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-61.11
Section 45-2-61.11 Reports as Evidence
Status: in_force

The reports of death investigations conducted by the county coroner or by the Alabama Department of Forensic Sciences, or true copies thereof duly certified by the county coroner or the director of the department, respectively, are admissible in any court in the county with or without testimony by the county coroner or Department of Forensic Sciences’ officials. However, any person preparing a report given in evidence under this part may be summoned as a witness in any civil or criminal case by either party to the case.
Ala. Code § 45-29-82.66 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-82.66
Section 45-29-82.66 Time for Application
Status: in_force

(a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first.

(b) At the discretion of the district attorney, the time provision of this section may be waived.
Ala. Code § 45-2-22.10 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-22.10
Section 45-2-22.10 Agreements Governed by This Part; Transferees; Successors
Status: in_force

(a) This part shall apply to agreements in existence on April 19, 2004, as well as agreements entered into or renewed after May 6, 2004.

(b) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer; provided, however, a transfer of a wholesaler’s business which requires supplier’s consent or approval but is disapproved by the supplier shall be null and void.

(c) A successor to a supplier that continues in business as a supplier shall be bound by all terms and conditions of each agreement of the supplier in effect on the date of succession.
Ala. Code § 45-8A-22.12 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.12
Section 45-8A-22.12 Suspension of Employee; Hearing
Status: in_force

An appointing authority shall have authority to suspend a civil service employee or a grandfathered employee for any personal misconduct, or fact, affecting or concerning his or her fitness or ability to perform his or her duties in the public interest. In the event a civil service employee or a grandfathered employee is suspended for more than 30 days, he or she shall be entitled to a public hearing by the board upon written demand filed within five days from the date of the order of suspension. If, after hearing, the board determines that the action of the appointing authority was not with cause, the suspension shall be revoked.
Ala. Code § 45-49A-65.02 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-65.02
Section 45-49A-65.02 Officers; Exercise of Powers; Compensation
Status: in_force

A chair and a vice chair shall be elected by the board from among its members. In the absence or incapacity of the chair, the vice chair shall serve as chair and may perform such acts and duties as the chair is authorized to perform. The power of the board shall be vested in and exercised by a majority of the members of the board then in office. The board shall elect a secretary-treasurer from among its members to act as custodian of all the funds, from whatever source derived, received by the board, and shall deposit the monies in a separate interest-bearing checking account or accounts in one or more banks or trust companies which are duly qualified and doing business in Mobile County. Members of the board shall not be compensated for their services.
Ala. Code § 45-35A-52.14 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-52.14
Section 45-35A-52.14 Liability of City
Status: in_force

The city shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute an indebtedness of the city within the meaning of any constitutional or statutory provision whatsoever.
Ala. Code § 45-37-90.05 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-90.05
Section 45-37-90.05 Civic Center Authority - Location; Powers; Development Plan; Investment of Funds
Status: in_force

(a) The authority shall be authorized to construct, maintain, control, operate, and manage a civic center in the county seat within the following described area:

Beginning at the intersection of Thirteenth Avenue North and Twenty-sixth Street North (Carraway Boulevard); thence Southerly along Twenty-sixth Street North (Carraway Boulevard) to the Connector Road; thence Southerly along the Connector Road to Twenty-sixth Street North; thence Southerly along Twenty-sixth Street North to Eighth Avenue North (Reverend Abraham Woods Jr. Boulevard); thence Westerly along Eighth Avenue North (Reverend Abraham Woods Jr. Boulevard) to Twenty-third Street North; thence Northerly along Twenty-third Street North to the Southerly Right of Way of Interstate 59/20; thence Westerly along the Southerly Right of Way of Interstate 59/20 to Fifteenth Street North; thence Northerly along Fifteenth Street North to Eleventh Avenue North; thence Easterly along Eleventh Avenue North to Nineteenth Street North; thence Northerly along Nineteenth Street North to Thirteenth Avenue North; thence Easterly along Thirteenth Avenue North to Twenty-first Place North; thence Northerly along Twenty-first Place North to Thirteenth Avenue North; thence Easterly along Thirteenth Avenue North to Twenty-third Street North; thence Northerly along Twenty-third Street North to Fifteenth Avenue North; thence Westerly along Fifteenth Avenue North to Twenty-second Street North; thence Northerly along Twenty-second Street North to Seventeenth Avenue North; thence Westerly along Seventeenth Avenue North to FL Shuttlesworth Drive; thence Northerly along FL Shuttlesworth Drive to Nineteenth Avenue North; thence Easterly along Nineteenth Avenue North to Twenty-fifth Street North; thence Northerly along Twenty-fifth Street North to Twentieth Avenue North; thence Easterly along Twentieth Avenue North to Twenty-seventh Street North; thence Southerly along Twenty-seventh Street North to Nineteenth Avenue North; thence Westerly along Nineteenth Avenue North to Twenty-sixth Street North; thence Southerly along Twenty-sixth Street North to Fifteenth Avenue North; thence Easterly along Fifteenth Avenue North to the Westerly Right of Way of Norfolk Southern Railway; thence Southerly along the Westerly Right of Way of Norfolk Southern Railway to Thirteenth Avenue North; thence Westerly along Thirteenth Avenue North to Twenty-sixth Street North (Carraway Boulevard) and to the Point of Beginning.

(b) The area shall not be extended unless the extension thereof has been first approved by a resolution adopted by the governing body of the county and a resolution adopted by the governing body of the county seat. The authority shall be authorized to construct, maintain, control, own, operate, and manage any or all facilities useful or necessary to provide for public meetings, athletic contests, concerts, theatrical performances, trade shows, exhibitions, or any other events which contribute to the cultural betterment of the community or which entertain or educate the persons attending such events. The facilities which the authority may construct, maintain, control, own, operate, and manage shall include, without limitation, all or any of the following to be situated in or near the civic center: Buildings to provide offices to be used by any person, including, without limitation, the United States of America, the State of Alabama, the county, any municipality within the county, or any agency, instrumentality, public corporation, or subdivision of such governmental entities; and buildings to house or accommodate public facilities of any person, including, without limitation, the United States of America, the State of Alabama, the county, any municipality within the county, or any agency, instrumentality, public corporation, or subdivision of such governmental entities; parking facilities, streets, boulevards, walkways, parkways, and parks; monuments, statues, and other structures beautifying the civic center; community houses or meeting houses and auditoriums; arenas, convention halls, and convention sites; music halls, theatres, and museums; hotels or motels of sufficient size and quality to accommodate persons attending conventions, restaurants, meeting rooms, and administrative facilities; places of recreation; and art exhibits and other exhibits for the advancement of the humanities and the cultural development and edification of the citizens of the county and of the municipalities located therein.

(c) The authority shall have the power:

(1) To sue and be sued.

(2) To acquire property and rights and interests in property by gift, lease, or purchase, or by the exercise of eminent domain.

(3) To have a seal and alter the same at pleasure.

(4) To appoint officers, agents, employees, and attorneys, and to fix their compensation.

(5) To make bylaws for the management and regulation of its affairs.

(6) To make contracts, and to execute all instruments necessary or convenient to lease or purchase and own real or personal property to be used for the furtherance of the purposes for the accomplishment of which the authority is created.

(7) To arrange, sponsor, and conduct programs and exhibits in the civic center for the advancement of the cultural, civic, and scientific interests and welfare of the citizens of the county and of the municipalities thereof and for the advancement of the humanities.

(8) To promote, sponsor, and operate in the civic center exhibitions and recreational activities.

(9) To charge fees for admission.

(10) To lease or sublease to any person, including, without limitation, the United States of America, the State of Alabama, the county, any municipality within the county, or any agency, instrumentality, public corporation, or subdivision of such governmental entities, any property owned or leased by or under the control of the authority.

(11) To purchase or lease real property and rights of easements therein necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue.

(12) To accept or receive gifts, bequests, and devises.

(13) To sell, convey, lease, mortgage, deed in trust, contract for the management of, or otherwise deal with all or any part of the property, both real and personal, of the authority, in the furtherance of the purposes for the accomplishment of which the authority is created.

(14) To do all things necessary or convenient to carry out the powers expressly given herein.

(d) For the aforesaid purposes, and for no other purposes, the authority shall be authorized to use and apply the proceeds of any taxes which the Legislature provides shall be payable to the authority and the proceeds of any fees or charges that the authority is authorized to collect and retain pursuant to this part.

(e) Subject to the conditions stated in the sentence next following, the county, and each municipality thereof, are authorized, but not required, to lease, sell, donate, or otherwise convey to the authority, real or personal property, including park properties, without authorization by election of the qualified voters of the county or of the municipality; and subject to the conditions stated in the sentence next following, the county, and each municipality thereof, are authorized, but not required, to appropriate public funds of the county or of the municipality, as the case may be, to the authority, to be used by the authority for purposes hereinabove enumerated. The county shall not lease, sell, donate, or convey any property to the authority, or appropriate any money to the authority, unless the governing body of the county has determined that such lease, sale, donation, conveyance, or appropriation will benefit the people of the county to such an extent as to fully warrant and justify the lease, sale, donation, conveyance, or appropriation; and no municipality shall lease, sell, donate, or convey any property to the authority or appropriate any money to the authority unless the governing body of such municipality has determined that such lease, sale, donation, conveyance, or appropriation will benefit the people of the municipality to such an extent as to fully warrant and justify the lease, sale, donation, conveyance, or appropriation.

(f) The authority may adopt a plan for development of property in its area of operation that is in furtherance of its corporate purposes. The authority may acquire property with the intent of selling, leasing, or otherwise disposing of such property to any person in connection with, or in furtherance of, any such development plan. If the authority sells, leases, or otherwise conveys any of its property to a person other than a governmental entity, such conveyance shall be for fair market value, as determined by the board of directors of the authority upon such evidence as it shall consider appropriate. For purposes of determining the fair market value of property so conveyed, the authority may take into account any restrictions or standards imposed on the use of such property by the terms of such conveyance or by a development plan adopted by the authority that affects the potential use of such property.

(g) The authority shall be authorized to invest any of its funds not needed to meet disbursements in any securities or obligations that the county or any municipality within the state is authorized to invest its own funds, or to deposit such funds in any bank or financial institution selected by the authority.

(h) This part shall not be construed to limit the right, power, or authority of any municipality to operate facilities similar to the facilities provided for by this part. Without limiting the generality of the next foregoing sentence, it is expressly provided that this part shall not in any way affect any auditorium, art museum, or other facility presently owned or hereafter acquired by any municipality, whether situated in the civic center or elsewhere.
Ala. Code § 45-39-92.50 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-92.50
Section 45-39-92.50 Report of Gasoline or Motor Fuel Shipments
Status: in_force

Each agent of any railroad company, bus or truck operator, or other transportation company or agency operating in Lauderdale County shall report to the County Commission of Lauderdale County on the first day of January, April, July, and October of each year all shipments of gasoline or motor fuel 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 Lauderdale County during the preceding three months, giving the names and address of the consignor or consignee shipping and receiving the gasoline or motor fuel or substitute therefor and the number of gallons or pounds contained in each and every shipment.
Ala. Code § 45-45-250.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-250.01
Section 45-45-250.01 Transfer of Water from Tennessee River Basin
Status: in_force

(a) The Legislature of the State of Alabama finds the following:

(1) It is in the best interest of the State of Alabama and the people of Madison County to protect the Tennessee River and its watershed to promote the beneficial purposes of maintaining a clean drinking water supply, hydroelectric power generation, navigation, industry, agriculture, environmental quality, and recreation.

(2) The Tennessee River has been identified by the people of Alabama and the nation as a unique resource lying in seven states and by Congress through the establishment of a special authority known as the Tennessee Valley Authority (TVA) for the promotion of the best interests of the Tennessee Valley.

(3) That it is in the best interest of the people of the State of Alabama and Madison County to protect and preserve the Tennessee River as set forth in this section in the absence of statewide legislation and that this section shall remain in effect until statewide legislation addressing interbasin transfers of water becomes effective.

(b) This section shall be known as the Madison County Tennessee River Preservation Act.

(c) For the purposes of this section, the term Tennessee River Basin means the entire topographic extent of the watershed of the Tennessee River and all of its tributaries.

(d)(1) In Madison County, no water may be withdrawn from the Tennessee River Basin for transfer to any other river basin outside of the Tennessee River Basin in an amount greater than the amount being withdrawn on April 12, 2006.

(2) For the purpose of this section, the amount of the existing transfer of water from the Tennessee River is 150 percent of the average daily amount calculated for the highest continuous 90–day period from January 1, 2000, until April 12, 2006.
Ala. Code § 45-24-242.06 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-242.06
Section 45-24-242.06 Failure to Report
Status: in_force

If any distributor, retail dealer, or storer of gasoline or motor fuel fails to make the reports, fails to comply with any regulation adopted for the collection of the tax by the commission within the time required for making the reports, or fails to pay the tax imposed within the time established for the payment, the distributor, retail dealer, or storer shall be guilty of a Class C misdemeanor, and, upon conviction thereof, shall be punished as provided by law.
Ala. Code § 45-41A-41.05 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-41.05
Section 45-41A-41.05 Power and Jurisdiction of Municipal Court; Contesting Liability; Fines and Costs; Affirmative Defenses
Status: in_force

(a) The Opelika Municipal Court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this part, and to issue orders imposing the civil fines and costs set out in this part.

(b) A person who receives a violation may contest the imposition of the civil fine by submitting a request for a hearing on the adjudication of the civil violation, in writing, within 15 days of the 10th day after the date the notice of violation is mailed. Upon receipt of a timely request, the city shall notify the person of the date and time of the adjudicative hearing.

(c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil fine assessed in the notice of violation.

(d) The civil fine and court costs shall not be assessed if, after a hearing, the Opelika municipal judge enters a finding of no liability.

(e) If an adjudicative hearing is requested, the city shall have the burden of proving the traffic signal violation by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to by affidavit of a trained technician. An affidavit of a trained technician that alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this part and is evidence of the facts contained in the affidavit.

(f) The notice of violation, the recorded and reproduced images of the traffic signal violation, regardless of the media on which they are recorded, accompanied by a certification of authenticity of a trained technician, and evidence of ownership of a vehicle as shown by copies or summaries of official records shall be admissible into evidence without foundation unless the municipal court finds there is an indication of untrustworthiness, in which case the city shall be given a reasonable opportunity to lay an evidentiary foundation.

(g) All other matters of evidence and procedure not specifically addressed in this part shall be subject to the rules of evidence and the rules of procedure as they apply in the small claims courts of this state, except that on any appeal to Lee County Circuit Court for trial de novo the evidence and procedures shall be as for any civil case in the circuit court except as otherwise provided in this part.

(h) A person who is found liable for the civil violation after an adjudicative hearing or who requests an adjudicative hearing and thereafter fails to appear at the time and place of the hearing is liable for court costs and fees set out herein in addition to the amount of the civil fine assessed for the violation. A person who is found liable for a civil violation after an adjudicative hearing shall pay the civil fine and costs within 10 days of the hearing.

(i) Whenever payment of a civil fine is owed to the city, the amount of the civil fine as set by ordinance may not be increased, decreased, or remitted by the municipal court, and the liability may be satisfied only by payment.

(j) It shall be an affirmative defense to the imposition of civil liability under this part, to be proven by a preponderance of the evidence, that:

(1) The traffic-control signal was not in proper position and sufficiently visible to an ordinarily observant person.

(2) The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer.

(3) The operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle.

(4) The motor vehicle was being operated as an authorized emergency vehicle under Sections 32-5A-7 and 32-5-213, and that the operator was acting in compliance with those chapters.

(5) The motor vehicle was stolen or being operated by a person other than the owner of the vehicle without the effective consent of the owner.

(6) The license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued.

(7) The presence of ice, snow, unusual amounts of rain, or other unusually hazardous road conditions existed that would make compliance with this part more dangerous under the circumstances than noncompliance.

(8) The person who received the notice of violation was not the owner of the motor vehicle at the time of the violation.

(k) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate, prior to the time of the violation, had been timely reported to the appropriate law enforcement agency.

(l) Notwithstanding anything in this part to the contrary, a person who fails to pay the amount of a civil fine or to contest liability in a timely manner is entitled to an adjudicative hearing on the violation if:

(1) The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after same is mailed as set out in subsection (a) of Section 45-41A-41.04.

(2) Within the 15 days of the date of actual receipt, the person requests an administrative adjudicative hearing.
Ala. Code § 45-17A-71.01 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-71.01
Section 45-17A-71.01 Regulation of Alcoholic Beverage Sales on Sunday
Status: in_force

The governing body of the City of Sheffield in Colbert County, by ordinance, may regulate and permit the sale of alcoholic beverages during certain hours on Sunday, as determined by the governing body, by properly licensed retail licensees of the Alcoholic Beverage Control Board and the City of Sheffield serving the general public in the city.
Ala. Code § 45-30-70 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-70
Section 45-30-70 Duties; Expense Allowance
Status: in_force

The members and the Chair of the Board of the Franklin County Commission have had added to their responsibilities the duty and obligation to maintain and oversee the road system for Franklin County. This has necessitated the members and chair to expend their funds in visiting, overseeing, and supervising road work and construction. In order to help offset this expense, the members and Chair of the Board of the Franklin County Commission shall be entitled to receive an expense allowance in the amount of one hundred fifty dollars ($150) per month to be paid from the seven cent ($.07) gasoline tax fund. The expense allowance shall be in addition to any and all other compensation, salary, or expense allowance provided by law.
Ala. Code § 45-6-232.01 — Alabama Code / Title 45 / Chapter 6 / Section 45-6-232.01
Section 45-6-232.01 Vending Machines
Status: in_force

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

(b) The Sheriff of Bullock County may allow vending machines to be placed in the canteen in the county jail. Proceeds from the vending machines shall be deposited in the Sheriff’s Fund.

(c) The Sheriff’s Fund provided for by this section shall be drawn upon by the Sheriff of Bullock County or appointed agent and shall be used exclusively for law enforcement purposes and in the discharge of the sheriff’s office as the sheriff sees fit.

(d) The Sheriff’s Fund as provided in this section and the use of funds shall not diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of the office of the sheriff.
Ala. Code § 45-37A-51.305 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.305
Section 45-37A-51.305 Duties of the Civil Defense Agency
Status: in_force

After September 1, 1969, it shall be the duty of the civil defense agency, or its successor agency, 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 civil defense agency, or its successor agency, as such independent agency, to make the employer’s required contributions pursuant to Section 45-37A-51.192 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 the employer’s required contributions pursuant to Section 45-37A-51.192 in respect of its employees who are employee members, and it shall be the further duty of the civil defense agency, 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 civil defense agency as they or either of them may request for the purpose of administration of the system.
Ala. Code § 45-29-10 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-10
Section 45-29-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Fayette County local laws enacted after 1978 and all Fayette 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 § 45-28-200.01 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-200.01
Section 45-28-200.01 Real Estate Business License Fee
Status: in_force

(a) Any law to the contrary notwithstanding, effective January 1 following June 2, 1999, an annual business license fee of one hundred fifty dollars ($150) is imposed on all corporations, firms, brokers, agents, and other persons or entities engaged in Etowah County in the business of buying, selling, managing, leasing, or renting of real estate on commission in Etowah County. The license fee shall be paid annually, at the same time as the license fee imposed under Section 40-12-149 is paid and shall be remitted to the License Commissioner of Etowah County on forms developed by the commissioner.

(b) After subtracting two dollars ($2) from each license as an administrative fee, the License Commissioner of Etowah County shall distribute the proceeds from the license fees collected pursuant to this section to each city and municipality in Etowah County on a pro rata basis according to population.
Ala. Code § 45-45-201.16 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-201.16
Section 45-45-201.16 Purpose
Status: in_force

It is the intent and purpose of the foregoing sections of this part to provide a more convenient and efficient method of issuing licenses and to render a better service to the people of the county, by incorporating in one county office the assessment and collection of all taxes on motor vehicles and the issuance of all licenses with the exceptions herein provided.
Ala. Code § 45-36-180.03 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-180.03
Section 45-36-180.03 Employment of County Engineer
Status: in_force

The county commission may request the Director of the State Department of Transportation to send names of candidates for the position of qualified registered engineer or the commission, without said names, may employ a person who is a qualified registered engineer and who has as least five years’ experience in the construction and maintenance of roads and highways. The person may be a Jackson County resident. This person shall head the department of public works in Jackson County and shall be referred to as the county engineer. During his or her employment, the engineer shall devote his or her entire time and attention to the maintenance and construction of county roads, bridges, and ferries and he or she shall reside in Jackson County. He or she shall select for the transfer to the county department of public works up to 75 percent of the state employees, at their option, who presently are employed by the State Department of Transportation, and who in the 12 calendar months immediately preceding October 1, 1979, have spent more than 50 percent of their productive work time, according to the official payroll records of the State Department of Transportation, in the construction, repair, and maintenance of county roads and bridges in the county. Any state employee who meets this criteria and who wishes to be employed by the county shall receive the same salary and benefits he or she received at the beginning of January 1979, and shall remain a member of the state retirement system. Monies for retirement payments of the employees of the department of public works may come out of the road fund. The county commission shall set the classification and salary of the assistant engineer and all other department of public works employees. There shall exist a six-month probationary period before any new employee may become a certified employee of the department of public works. Seventy percent of the county engineer’s salary shall be paid by the state as set forth in Section 11-6-4. Subject to the approval of the Jackson County Commission, the county engineer shall appoint an engineer trainee. The state shall provide 50 percent of the salary of the trainee as provided in Section 11-6-23. The county commission may discharge the county engineer after notifying the Director of the State Department of Transportation 30 days prior to termination. In the event an emergency should arise, in which it would be impossible for the county commission to employ an engineer, as herein provided, the county commission shall employ a competent road supervisor who need not be an engineer but, when so employed, he or she shall have all the duties and authority of the engineer. Provided, however, a county engineer shall be hired no later than 90 days after such position becomes vacant.
Ala. Code § 45-45-233.26 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-233.26
Section 45-45-233.26 Legislative Intent
Status: in_force

It is the intent of the Legislature that the provisions of this subpart pertaining to pretrial release shall be a guide to judicial officers in Madison County, as defined herein, to insure that no person be needlessly detained in the county because of his or her personal economic circumstances so long as his or her release shall not be contrary to the public interest and also shall serve the purpose of assuring the defendant’s presence at the trial. It is not the intent of the Legislature that this subpart be so liberally construed as to allow the indiscriminate release of accused persons.
Ala. Code § 45-57A-63.161 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.161
Section 45-57A-63.161 Establishment of Original Districts
Status: in_force

Under Section 45–57A–63.06, the judge of probate shall establish the original districts, which shall contain as nearly equal a number of people as possible.
Ala. Code § 45-7-82.34 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-82.34
Section 45-7-82.34 Advisory Board
Status: in_force

The district attorney may form an advisory board to assist in the determination of appropriate pretrial diversion candidates and conditions for participation in the program. The district attorney shall retain the final decision as to the admittance of individuals or administration of the program regardless of the views of the board. It shall be the decision of the district attorney who and how many persons will comprise the board and when or if it should meet.
Ala. Code § 45-51-100 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-100
Section 45-51-100 Compensation
Status: in_force

Commencing with the next term of office of the member elected in 1996, each member of the Montgomery County Board of Education shall receive a salary of ten thousand dollars ($10,000) per year in lieu of all other compensation, salaries, and expense allowances. The compensation shall be paid from funds allocated to the Montgomery County Board of Education.
Ala. Code § 45-35-232.28 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-232.28
Section 45-35-232.28 Failure to Appear
Status: in_force

(a) A person released pursuant to this subpart who willfully fails to appear before any court or judicial officer as required, shall incur a forfeiture of any security given or pledged for release and, in addition, shall be guilty of a Class B misdemeanor, punishable as provided by the Alabama Criminal Code.

(b) Failure to appear after notice of an appearance shall be prima facie evidence that the failure to appear was willful. Whether the person was warned when released of the penalties for failure to appear, shall be a factor in determining whether the failure to appear was willful. The district attorney, or an assistant district attorney, or any other person responsible for administering this subpart, shall initiate prosecution for violation of this subsection by making an affidavit for a warrant to be issued by any officer authorized to issue warrants. The person who fails to appear shall be arrested and shall be brought before a judicial officer in the county in the same manner as other misdemeanor prosecutions proceed.

(c) A defendant may be convicted under this section, even if the defendant has not received actual notice of an appearance date, if reasonable efforts to notify the defendant have been made, and the defendant, by his or her own actions, has frustrated the receipt of actual notice.
Ala. Code § 45-29-82.61 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-82.61
Section 45-29-82.61 Definitions
Status: in_force

For purposes of this subpart, the following terms shall have the following meanings:

(1) DISTRICT ATTORNEY. The elected District Attorney of the Twenty-fourth Judicial Circuit or any of his or her staff.

(2) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. Any person who is employed by an agency or department whose purpose is to protect people. This may include, but is not limited to, police personnel, sheriff personnel, Department of Human Resources personnel, parole and probation personnel, community corrections office personnel, and court referral office personnel, whether that agency or department is in the State of Alabama or located elsewhere.

(3) OFFENDER. Any person charged with a crime as defined by this code, which was allegedly committed in the jurisdiction of the Twenty-fourth Judicial Circuit.

(4) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2.
Ala. Code § 45-51A-33.139 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.139
Section 45-51A-33.139 Reserve for Permanent Public Improvements
Status: in_force

The council may by ordinance establish a reserve fund for permanent public improvements and may appropriate thereto to any portion of the general fund cash surplus not otherwise appropriated at the close of any fiscal year. Appropriations from the fund shall be made only to finance improvements included in the capital budget.
Ala. Code § 45-31-231.22 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-231.22
Section 45-31-231.22 Paid Employment of Inmates; Regulations and Policies
Status: in_force

(a) Inmates may participate in paid employment at the discretion of the board, but shall obtain approval of the court in writing or by court order prior to engaging in the employment.

(b) The board shall adopt written regulations and policies permitting the sheriff to extend the limits of the place of confinement of an inmate, if there is reasonable cause to believe his or her suitability, by authorizing him or her under prescribed conditions to leave the confines of the county jail unaccompanied by a custodial agent for a prescribed period of time to work at paid employment while continuing as an inmate in the jail in which he or she shall be confined except during the hours of his or her employment and transportation to and from the place of employment.
Ala. Code § 45-52A-61.02 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-61.02
Section 45-52A-61.02 Board of Education - Qualifications of Members
Status: in_force

A candidate for each place on the board of education shall be at least 19 years of age, a resident and qualified voter of the City of Hartselle for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall not have a record of conviction for any crime involving moral turpitude, including any crime involving fraud or financial wrongdoing. The qualification fee for the initial election of the members of the board and each election thereafter shall be in the same amount as prescribed by the Hartselle City Council for council seats. The qualifying fee shall be credited to the city general fund.
Ala. Code § 45-36-170 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-170
Section 45-36-170 Board of Health Fees
Status: in_force

(a) The Jackson 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. Any fees to be charged under the authority of this section by the county health department shall be subject to approval by the respective county commission prior to implementation. 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.

(d) All fees collected pursuant to this section are hereby appropriated to the respective health department which collected such fees.
Ala. Code § 45-29-140.10 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-140.10
Section 45-29-140.10 Use of Public Roads
Status: in_force

The authority is hereby authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or of its agencies or departments or the county commission of any county and subject only to the necessity of obtaining the municipal consent required by Section 220 of the Constitution of Alabama of 1901; provided, that nothing in this section shall be construed to exempt the authority from the requirements of Section 23-1-4; provided further, that the authority shall have the duty to restore at its expense all roads, highways, and public rights-of-way in which it may have made excavations or done other work in laying pipes or performing any of its other corporate functions.